EU: Update on the Irish Presidency
01 January 1997
In the last issue we reviewed the "Measures formally adopted during the Irish Presidency" (July-December 1996) (see Statewatch, vol 6 no 6, p15). On top of the 26 measures previously listed a further 4 were adopted by the end of the year - there are:
27. Resolution on sentencing for serious illicit drug-trafficking, discussed at JHA Council on 28/29 November and adopted on 20 December by the Fisheries Council. OJ C 10, 11.1.97.
28. Resolution on individuals who cooperate with the judicial process in the fight against international organised crime, discussed by the Council of justice and Home Affairs Ministers in March 1996, and adopted 20 December by the Fisheries Council. OJ C 10, 11.1.97.
29. Joint Action providing a common programme for the exchange and training of, and cooperation between, law enforcement authorities ("Oisin"), adopted on 20 December by the Fisheries Council. OJ L 7, 10.1.97.
30. Joint Action on Balkan route............, adopted on 20 December 1996 at the Fisheries Council.
31. Joint Action concerning action to combat trafficking in human beings and sexual exploitation of children, discussed at the Council of Justice and Home Affairs Ministers on 28/29 November 1996 and adopted by the General Affairs Council on 24 Febuary 1997 (this strictly belongs to the Netherlands Presidency).
Adopted but not discussed by the JHA Council
An initial analysis of the 26 measures listed in the last issue showed that only 7 had gone through the Council of Justice and Home Affairs Ministers (JHA Council) and that 19 had been adopted without debate by other Councils of Ministers.
Further analysis of the total of 30 measures shows that: 23 were adopted without debate by other Councils of Ministers; only 7 went the the JHA Council. However, a further breakdown shows that:
7 were discussed by and were adopted by the JHA Council in November 1996
5 were discussed by the JHA Council in November 1996 and adopted by other Councils in December
2 were discussed by the March 1996 JHA Council but adopted by other Councils in July and December 1993 respectively
1 was discussed at the European Council in Rome in June 1996 and adopted by another Council in July
10 were discussed at the June JHA Council in Luxembourg, and their adoption delayed because of the UK "beef ban" reservation, and adopted by other Councils in June, September and October 1996
6 were adopted by other Councils, without debate, in October, November and December 1996 were were NEVER discussed at any meeting of the JHA Council.
These 6 measures are:
1. Council decision regarding the implementation of Article K! TEU, adopted by the Economic and Financial Council on 14.10.96. OJ L 268. 19.10.96.
2. Financing of Title VI: GROTIUS programme (exchange for legal practices) and SHERLOCK programme (training and exchange and cooperation in the area of identity documents), by the Gneral Affairs Council on 28.10.96, OJ L 287, 8.11.96.
3. Joint Action extending the mandate of the Europol Drugs Unit, by the Culture Council on 16.12.96, OJ L 342, 31.12.96. [NB: correction: this was discussed at the JHA Council on 28/29 November 1996]
4. Decision on monitoring the implementation of instruments adopted by the Council concerning illegal immigration, readmission, the unlawful employment of third country nationals and cooperation in the implementation of expulsion orders, by the Culture Council on 16.12.96, OJ L 342, 31.12.96.
5. Joint Action providing a common programme for the exchange and training of, and cooperation between, law enforcement authorities ("Oisin"), adopted on 20 December by Fisheries Council. OJ L 7, 10.1.97.
6. Joint Action on Balkan route, adopted on 20 December 1996 at the Fisheries Council.
Fisheries Council nods through Balkan Joint Action
A Joint Action under Article K.3 of the Treaty on European Union was adopted as an "A" point (without debate) by the Fisheries Council on 20 December 1996.