EU Justice and Home Affairs Council, 15-16 March 2001
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Country/Region
01 March 2001
The first of two meetings of the Justice and Home Affairs Council (JHA Council) under the Swedish Presidency took place in Brussels on 15-16 March. Much of the substantive work of the Presidency will come through at the next JHA Council on 28-29 May.< br >< br > The work on temporary protection “in the case of a mass influx of displaced persons” continues with the hope of agreement in May.< br >< br > Reservations by the Netherlands member meant that the required unanimity was not forthcoming for the adoption of Council Regulations “reserving to the Council” for a period of five years the development of border checks and surveillance “reflecting the sensitivity of this area, in particular involving political relations with third countries”. This means the Council intends to give itself, rather than the Commission, powers available under the Schengen Common Manual in relation to border controls. This so-called “transitional period” may be extended as the Council has yet to decide “the conditions under which such implementing powers would be conferred on the Commission”. Under Title IV of the Treaty establishing the European Communities (TEC), which came into force on 1 May 1999, the European Commission was meant to take over immigration and asylum after five years, ie: in three years time.< br >< br > Agreement was reached on a “European crime prevention policy and its constituent elements” which include “organised crime and prevention” (see Statewatch European Monitor, vol 3 no 1). < br >< br > The JHA Council “took note” of the Commission communication on cyber-crime and will continue the discussion at the May Council (see feature in this issue).< br >< br >< br >< br >Adopted without debate< br >< br >The Council adopted a Regulation on a list of third countries whose nationals must be possession of a visa when coming into the EU and a “white list” of countries whose nationals are exempt from this requirement (see Statewatch European Monitor, vol 3 no 1).< br >< br > The Council decided that, on the basis of data protection reports submitted by the Europol Management Board:< br >< br >no obstacles exist for the Director of Europol to start negotiations with Norway, Iceland, Poland and Hungary leading to an agreement, with each of these countries, including the transmission of personal data by Europol to each of them.< br >< br >Conclusions were adopted on the need for vehicle registrations across the EU to include “the colour and its alphanumeric code” on all vehicle registration certificates.< br >< br > Under “Any other business” the Council heard a report on contacts with Switzerland “at a technical level” with the Commission concerning that country's request to “participate in the Schengen Agreement and the Dublin Convention”.< br >< br >< br >< br >“Mixed Committee”< br >< br >In the Mixed Committee, the “Schengen” committee including Norway and Iceland, the JHA Ministers discussed the three outstanding questions on the draft Council Framework Decision on “the strengthening of the penal framework to prevent the facilitation of unauthorised entry and residence” and the draft Council Directive on “the facilitation of unauthorised entry, movement and residence”. They hope to reach “political agreement” at the May Council. A “consensus” between the 15 governments was reached on making the “offence” of “facilitating unauthorised entry and residence” and extraditable one. Two questions remain for the Council to resolve: first, where a “humanitarian clause” should be included and if so what would be its scope; second, the minimum maximum sentence applicable. The Swedish Presidency is proposing six years but France wants eight years and the UK ten years.< br >< br >< br >< br >Candidate countries< br >< br >The Council also held a meeting with the candidate countries (those hoping to join the EU) where the EU emphasised the need for them to implement the JHA acquis - the full body of EU and Schengen measures adopted through various acquis since 1976 which these countries have to adopt and implement without question or amendment. The EU Ministers particularly emphasised the:< br >< br >fight against