EU JHA Council, 30.11.00 - 1 12.00
01 November 2000
The French Presidency of the EU left the Justice and Home Affairs Council with major issues on combatting "illegal immigration" still on the table.
The JHA Council held an "exchange of views" on the draft Framework decision to introduce criminal sanctions for those assisting entry to the EU and who gave "illegal" residence to migrants. Alongside this is proposed a directive defining "assistance to entry, movement and illegal residence". A "large majority" of member states are in favour of the penalty being at least eight years in prison. There was no unanimity on whether making money (financial gain) should be a criteria, "we are still far from agreement", said the Presidency. A number of member states led by Belgium are concerning that the new measures should not penalise humanitarian groups who help migrants in the EU, various formulas are being worked on. Sweden expressed a general reservation because it does not have any laws to penalise assistance to "illegal" entry, "illegal" movement or "illegal" residence.
Nor could the Council agree on the draft directive to "harmonise" sanctions against carriers (planes, boats) who brought in third country nationals not in possession of documents authorising them to enter. Again there was an "exchange of views" and three delegations expressed reservations concerning: the level of fines to be imposed - a minimum of 5,000 euros per "clandestine passenger" (about £3,000); respect for procedures where the "clandestine passenger" submit an asylum application; and where the state the person has entered does not have laws to impose fines on carriers.
The Council also adopted "Conclusions" on cooperation between member states to combat clandestine immigration networks. This covered using the "rapid alert system" (where one member states alerts others as to new networks, techniques and routes); increasing liaison in the countries "producing immigration and allowing liaison officials to represent more than one member state; and, in the future, making available "technical means and/or specialised personnel" to "raise the level of surveillance" and the control of external borders.
Other issues
Schengen: The JHA Council agreed, after it had been adopted on the Mixed (Schengen) Committee, that the Schengen acquis would come into force in Denmark, Finland, Sweden, Iceland and Norway on 25 March 2001.
Eurojust: The Council agreed on proposal to set up EUROJUST, subject a scrutiny reservation by the Netherlands.
Mutual Legal Assistance: the Council adopted the explanatory report on the Convention which is now being considered for ratification by member states' national parliaments.
Second year evaluations: the Council adopted a report from the Multidisciplinary Group on Organised Crime. This report notes that requests for mutual assistance by-pass central units and are made directly between judicial authorities on the ground - it notes that central record keeping is inadequate, or rather "record keeping was not sufficient to enable effective control to be maintained". Some countries's procedures clearly frustrating the evaluation team (in Belgium and Finland), while in France "international requests" are dealt with "without too many formalities and without prior authorisation [and] examining magistrates may decide autonomously which investigative measures are to be taken, such a searches or telephone tapping".