Brussels, 28/03/2000 (Agence Europe) - The EU Member States are beginning to implement the guidelines of the extraordinary European Council of Tampere aimed at establishing an Area of Freedom, Security and Justice. According to Commissioner Antonio Vitorino, this is the main message to European citizens by the Justice and Home Affairs Council held on Monday under the chairmanship of Portuguese Ministers Fernando Gomes (Interior) and Antonio Santos da Costa (Justice). We give below an overview of the results of the session.
- Protection of victims in the European judicial area. In addition to the "open debate" (see yesterday's EUROPE, pp.10/11), ministers held an "exchange of good practices" and "all showed", according to Mr Santos da Costa, "great commitment to progressing towards minimum standards of protection". From next week on, the Portuguese Presidency will present a proposal for a framework decision on the status (and rights) of victims in the context of criminal procedures, so that "European citizens who are victims of crime in another Member State may enjoy an adequate level of protection" (mainly from the point of view of being represented in criminal proceedings upon returning home). Commissioner Vitorino welcomed this Presidency initiative and announced that the Commission was also preparing an initiative (medical and social assistance …).
- Scoreboard. Fernando Gomes, who stressed there was ministerial "consensus" on the Commission's approach, commented that "from now on, work aimed at establishing the Area of Freedom, Security and Justice would come within this matrix". Mr Vitorino welcomed the Council's support, and specified that this instrument would be important for transparency, responsibility (which, in this matter, is shared between the Commission and Member States) and visibility (allowing verification of what has still to be done and to identify possible causes of delay). Antonio Vitorino pointed out he had accepted a proposal from the Italian government to include specific action to fight counterfeiting, with particular attention to cigarettes. Such smuggling is now the work of "multifunctional criminal networks" which are also active in the trade in human beings and drugs trafficking, which is why it is appropriate to develop cooperation at European level here also.
- Strengthening of criminal law for protection against counterfeiting with a view to changeover to the euro. The Fifteen came to a political agreement on a framework decision which will be formally adopted during the JHA Council in May this year. France has already announced it will be presenting within this framework, new measures based on the 1st and 3rd pillars in order to strengthen protection of the euro. Mr Vitorino pointed out that the Commission would do the same. Formal proposals cover judicial cooperation, and exchanges of information and training and will be presented before the end of the half year.
- Mutual assistance in criminal matters between the Member States. As briefly indicated in EUROPE, the political agreement that the Presidency was hoping for on this draft agreement was not reached because of a tax problem that Luxembourg raises under the article on data protection. The Presidency submitted a draft compromise in session which, drafted only in Portuguese, was referred to experts for examination. Having resolved all the other outstanding questions - linked to telecommunications interception - the Presidency hopes the agreement will be adopted during the May session (as long as the Gibraltar controversy is settled by then).
- Joint investigation teams. Several delegations - France and the Netherlands in particular - expressed doubts about how appropriate it was to anticipate (through a separate binding legal instrument proposed by the Presidency) application of Article 13 of the previous Convention in order to create teams of investigation (as requested by the European Council) without delay. The matter was referred to experts.
- Hungary and Czech Republic. During the final press conference, Fernando Gomes confirmed that the evaluations contained in the preliminary reports on how these two applicant countries are implementing JHA body of law would show what "progress" has been made, but would also show that such progress was not as great as the Union hoped in some fields. Commissioner Vitorino, for his part, stressed that this assessment exercise could improve performance in this field (mainly by helping more specific targeting of the Phare programme, where necessary) and was, consequently, of a kind to "make the accession process easier).
- "Brussels II". The draft regulation aimed at providing the Convention relating to the competency, recognition and execution of decisions in matrimonial matters and matters of the parental responsibility of shared children with a Community-dimension was the subject of a political agreement; it will be formally adopted at the JHA Council of May. As Mr. Vitorino recalled, it is the first legal cooperation instrument that will be provided with a Community dimension under the Amsterdam Treaty. The problem of bilateral agreements with third countries will be the subject of a Declaration (the wording of which remains to be defined), by which the Fifteen will undertake to inform the Commission of their intention of forging, modifying or repealing such a bilateral agreement. So that the doctrine of the Court of Justice in the matter of the EC's external competency (ART ruling) may be respected. EUROPE may stipulate that the United Kingdom and Ireland have said that they wanted to be part of this regulation, contrary to Denmark.
- Charter of Fundamental Rights. The Council took note of information provided by the Presidency on the state of work being undertaken within the Convention that is preparing this text. France pointed out that, as future Presidency of the Council, it wanted to submit the draft charter to the European Council of Biarritz on 13/14 October rather than to the Nice Summit (December).
- European Fund for Refugees. "The Council undertook to approve this under the Portuguese Presidency", is all Fernando Gomez had to say, referring to a "somewhat delicate matter". Antonio Vitorino also wanted to show optimism: "We are in the process of bringing opinions closer together" at expert level, he explained stating that "everyone agreed to the need of a policy of solidarity". We have, however, "to go further", i.e., "develop integrated, balanced policies, faithful to the Union's values", which covers the reception procedures and infrastructures. He announced that the Commission would soon be presenting a proposal on the temporary protection scheme.
- Dublin Convention. The Commission presented a working paper on the way this Convention - which determines which Member State is responsible for examining a request for asylum - could be strengthened by a Community legal instrument. This reflection should, said Mr. Vitorino, normally lead to the presentation of a proposal at the beginning of next year.
- Asylum and immigration. The Council took note of the state of work within the "High-Level Group" on implementing the existing action plans (Afghanistan and neighbouring regions, Iraq, Somalia and Sri Lanka) and welcomed the fact that the action plan on Albania and the neighbouring regions had now been finalised. According to Fernando Gomes, the Fifteen once more provided their backing for the strategy that underpins these plans, which is "essentially based on the backing to provide the countries of origin to lessen the migratory pressure on the Union".
