Brussels, 11/03/2015 (Agence Europe) - On Thursday 12 March, EU ministers for home affairs will examine the follow-up to the European Council statement on the fight against terrorism, following the attacks in Paris and Copenhagen. They will also look at how the systematic controls of European nationals could initially be carried out at the EU's external borders as part of the current framework of “Schengen border code” rules. For the time being, there is no qualified majority at the Council to revise the “Schengen border code” and define a specific amendment to the systematic controls (more thorough controls with other police databases, such as those held by Interpol) on European travellers. France has fought for the code to be revised and is expected to take advantage of this meeting to attempt to build the qualified majority needed.
The other important dossier will be in the hands of the EU ministers for justice on Friday 13 March. In principle, they are expected to move closer to obtaining an overall agreement on reform of the personal data protection rules. The Council is expected to reach a general partial approach on the two major features of the general regulation presented in January 2012: the one-stop mechanism and chapter 2, which focuses on the main principles. The agreement is still not perfect and has not managed to garner everyone's enthusiasm. According to one European source, France “would have liked a better agreement”. Nonetheless, the general idea is to push forward to obtain an overall agreement on reform in June, which also includes a directive on processing data as part of the legal and judicial framework and improve all the different provisions deemed rather weak in the trialogues and negotiations with the European Parliament.
Terrorism. Ministers for home affairs will follow up the EU leaders' statement on terrorism. The text emphasised enhancing exchanges with Europol and Eurojust, controls carried out at external borders and the “cooperation with third countries” dimension. The Latvian Presidency centred the debates around four points, particularly the way in which these external border controls are strengthened and can be applied to Europeans on the basis of risk indicators. The Commission is currently preparing guidelines on this subject and the idea is to draw up, for example, dress code criteria (such as whether the traveller is wearing a military uniform), age criteria (controlling minors?). Gilles de Kerchove suggested that young men between the ages of 18 and 25 would be affected by these more thorough controls, which would also be based on where their flight is coming from. The Commission is expected to finalise this criteria over the next few weeks. Another element in the discussion relates to the withdrawal of illicit content on websites and the dialogue with providers; the trafficking of firearms and neutralising weapons are another priority, with the idea being to ensure that the weapons, once deactivated, can no longer be reused and put back into circulation. Enhancing cooperation between Europol/Eurojust/member states is another focus of the work (the Committee for Internal Security, COSI, could be strengthened and the latter could be put in charge of ensuring the effective steering of this inter-agency cooperation). The other sensitive discussion will be the one linked to the migratory situation in the Mediterranean and the Western Balkans. Several member states have recently complained of a flood of nationals from Kosovo who have been submitting requests for asylum in their countries (Germany for example). In the Mediterranean, the role of Frontex and its resources will be debated. Finally, Greece will present its new asylum plan for 2015.
Legal. Personal data protection is the flagship dossier in this Council. Ministers are, however, expected to reach a general approach on legal aid and the new Eurojust regulation. A partial general approach is expected on the free circulation of documents. On the protection of personal data, chapter 2 focuses on the consent of users and reasons companies can use for using the data. A legitimate clause for interest expressed by the companies is causing those defending digital rights concern and they are afraid that the data could be transferred between companies without the consent of users, for marketing ends. Certain aspects linked to health data could be transferred without the consent of the individuals concerned for epidemiological research, for example, which is also causing concern to some delegations, such as France, which would like additional guarantees.
On the question of jurisdictional aid, this involves establishing minimum rules on the rights provided to suspects and people under investigation. This jurisdictional aid will not apply to minor offences and situations involving the temporary suspension of freedom, which is deemed totally insufficient by some countries, particularly France, which is not, however, intending to oppose it. Ministers will also draw up a scoreboard of the progress achieved on the question of the European prosecutor's office. During their dinner they will also debate the de-radicalisation of foreign combatants. (Solenn Paulic)