Brussels, 25/10/2011 (Agence Europe) - Ministers responsible for justice and home affairs, or their representatives, will meet in Luxembourg on Thursday 27 and Friday 28 October for a meeting at which no great decisions will be taken, but where, nevertheless, a number of sensitive issues will be discussed. In home affairs, for example, ministers are likely to take stock of a number of matters that are problematical, such as revision of the Dublin II. They will also discuss negotiations with the United States on the transfer of air passenger data (PNR) and the forthcoming transatlantic data protection framework agreement.
On this latter point, the Commission should inform member states of the state of play in its talks with the United States. The member states called on the Commission to revisit a number of points related to PNR, such as how data are to be retained and protected. Ministers will also hold a policy debate on setting up a European terrorist finance tracking system (EU TFTS), along the lines of the system put in place between the EU and the United States through the TFTP/SWIFT agreement. According to a Council source, discussions on this TFTS will dwell on the usefulness of such a system for the EU, several delegations remaining to be convinced that the EU needs it.
Still in the home affairs section of the Council, it cannot be ruled out that the Romanian and Bulgarian delegations raise the issue of their joining the Schengen area, a source has revealed, even though this topic is not officially on the agenda. No particular concession is expected from either the Netherlands or Finland, the two countries which, in September of last year, formally opposed the accession of Bulgaria and Romania to the Schengen area, the source went on. In line with the commitment given by the European Council on 23 October, it is only in December that the two are likely to know their fate - at the latest at the European summit if, between now and then, home affairs ministers fail to find a way out of the impasse, for example, at the start of December.
In other home affairs issues, ministers are expected to adopt a European pact against synthetic drugs, complementing the pact, Disrupting cocaine and heroin routes, adopted in 2010, to tackle international drug trafficking. The new pact will seek to tackle the production of synthetic drugs, prevent the development of new psychoactive substances and provide training for law enforcement agencies in detecting, examining and dismantling clandestine laboratories. Ministers will also discuss the proposal that the enclave of Kaliningrad be included within the provisions on local border traffic.
On Friday, when the Council turns to discussion of justice matters, member states will hold an initial debate on the most recent proposal from Commissioner Viviane Reding on European contract law and the creation of an optional so-called “28th regime”. The proposal has not met with universal favour, a source says. Some delegations have never hidden their scepticism over a further regime, in addition to national practices, which could, by simplifying arrangements, ultimately be harmful to national consumer protection.
A further matter where there is likely to be lively debate is the continuation of discussions on the commissioner's proposals on access to a lawyer while in policy custody. The Polish Presidency is proposing to take stock of the situation in negotiations. In September of this year, several countries came out very strongly against Reding's initiative. France, the United Kingdom, the Netherlands, Ireland and Belgium all said in a letter that the proposal could damage their criminal procedures and ways of investigation.
Ministers will also debate the proposals on protecting victims and the minimum rights they can expect. Last week, the EU Council of Ministers adopted the section of the proposal that relates to the European protection order.
Other topics on the agenda: progress on the directive on tackling the sexual exploitation of children, and judicial training for legal practitioners. (SP/transl.rt)