Brussels, 31/05/2001 (Agence Europe) - "We are behind the Tampere and Vienna timetables but also the Amsterdam Treaty, which called for a certain number of decisions to be taken in the field of justice and home affairs in the two years following enforcement of the Treaty, which corresponds to the month of May this year", said Commissioner Antonio Vitorino. Speaking before the press, he updated the scoreboard for studying progress achieved with a view to creating an area of freedom, security and justice in the European Union. Mr Vitorino, who was speaking on the occasion of the Justice and Home Affairs Council on Monday and Tuesday, said he hoped that, with the warning provided by this assessment of progress made and delays incurred, the "end of the Swedish Presidency and the Belgian Presidency would make it possible to make a positive mid-term assessment at the Laeken Summit" on the creation of this area of freedom, security and justice.
The scoreboard clearly shows that a certain number of advances have been made over the past six months: adoption of the French proposals on immigrant smugglers and carriers, the creation of a European legal network, the presentation (but with some delay) of proposals on common sanctions for drugs trafficking, as well as minimum norms for the conditions in which refugees are hosted … It does, however, also show there are many delays in adopting texts which should have been adopted in April: - criteria and mechanisms for asylum requests; - minimum standards for conditions in which refugees are hosted; - ratification of EU extradition conventions from 1995 and 1996, etc. The Commission believes the blame for this must be shared between itself, for having presented proposals late, and the Council, for being unable to come to agreement on a certain number of texts, while "many conventions have not yet been ratified by all the 15 Member States". It is necessary, concludes the Commission on the basis of the scoreboard, to "deepen reflection on one hand on the ranking of priorities and, on the other, the most effective way to reach objectives within a set time limit with a view to giving the necessary impetus for speeding up work in areas where the greatest delays have been noted".
The Swedish Presidency had contemplated presenting to the Council a report on working methods in the field of justice and home affairs, that would have fuelled the debate on delays. A note had been prepared in the context of preparations for the Council, but at the end of the day it was not included on the agenda because the Council already had a great deal to get through, and also because the debate, according to diplomatic sources, is not yet ripe. It should be examined by the Fifteen at the JHA Council in September. A more detailed report is foreseen for the European Council in Laeken, in the context of the assessment of work achieved since the Tampere Summit.
The note proposes a certain number of guidelines on the preparation and adoption of texts, as well as on the organisation of working groups. It insists on the fact that the Member States must prepare their initiatives well and that the agenda of meetings must be prepared sufficiently ahead of time. The note also raises the question of coherence between the many initiatives, stressing that the Member States should not propose initiatives that are not in line with what is provided for by the Treaty and action plans, and particularly the Tampere scoreboard. The text also proposes encouraging Member States to make proposals prepared by several parties, with the participation of the European Commission. The note does not really speak of the tension between the Commission and the Member States on the right of own initiative for proposing legislative texts in the field of justice and home affairs, but everyone knows that this question is essential, stresses one diplomat. Finally, the note proposes reducing the number of working groups in Council and reorganising their tasks so that a new structure may be set in place for 1 January 2002. For a good working organisation, it also suggests that no new objections should be raised after discussions in working groups.
"Everyone agrees in saying that there is a problem in the process, which is not transparent. Everyone - Member States, Commission, European Parliament - has a share of the responsibility and must do something", stresses a Swedish diplomat concerning these discussions on working methods in the field of justice and home affairs. In answer to questions on the fact that the text seems above all to recall common sense principles - such as: prepare a proposal well, in good time - the diplomat acknowledges that it is probably necessary to recall such principles "because they are not always applied". In his view, "there has not been sufficient agreement to date on the fact that we should keep to the timetable".