Brussels, 08/05/2003 (Agence Europe) - As expected, there was very little progress made during the Justice and Home Affairs Council in May on the two proposals of directive relating to refugee status and the status of long-term residents. These two texts remain blocked by Germany on their most sensitive points. Greek Minister Michalis Chrisochoïdis nonetheless assured he was "convinced that, with if an effort is made by all Member States, it will be possible to reach agreements in June", which would allow the Fifteen to keep the commitment made at the European Council of Seville in June 2002 to approve both texts by June 2003. Commissioner Vitorino showed more realistic caution. "We have made a step forward in the right direction for refugees and long-term residents but there is still quite a way to go", he stated. He hopes Member States will reach an agreement.
"It is absolutely impossible to say when Germany will be able to give its approval", a German diplomat said on the sidelines of the Council. Germany is adopting a new national law on asylum and immigration, and Interior Minister Otto Schily cannot give his approval to these European texts before the national process is complete. This text should be approved by both Houses, the Bundestag and the Bundesrat, and the government does not have a majority in the second House. Otto Schily pointed out to his counterparts that he would do everything possible to have both European texts approved at the Justice and Home Affairs Council on 5 and 6 June.
Directive on defining refugee status and persons to benefit from alternative protection: No progress was made on the main points of German blocking: access to the labour market, family reunification, the right of beneficiaries to alternative protection. Problems are particularly intense on access to the labour market and family reunification. On the first point, Germany and Austria wish to remain free to decide on a case by case basis whether or not to grant the right to work to those benefiting from alternative protection. Belgium is to present a proposal of compromise on family reunification. Germany wishes to be able to refuse to give asylum to a person who, before leaving his country, began political activities that make him fear for his safety if he returned there. This was essentially agreed by Germany's partners on Thursday on condition that it be specified that this will be carried out in full compliance with the Geneva Conventon on refugees. Furthermore, Germany hopes Member States will remain free regarding the rights to be granted to the families of those benefiting from alternative protection. Finally, Germany still has reservation about the first part of the text, which concerns criteria to be met in order to receive refugee status or alternative protection. The Maltese minister took the floor to point out that his country shares the German position on access to the labour market.
Long-term residents. Following the guidelines of their ambassadors on Wednesday, the ministers agreed refugees and people benefitting from subsidiary protection will not be covered by this directive. To get the support of all Member States for this, the Council agreed to ask the Commission to rapidly publish a draft directive on refugees and people benefitting from subsidiary protection acquiring the status of long-term resident. The Commission pledged to do so within twelve months. No progress was made on the necessary length of residence in order to be termed a "long term resident". Italy, unlike other Member States, wanted six, rather than five, years. Its new immigration law set a six year threshold. No progress either on the status of a long-term resident who moves to live in another Member State.
Seville follow-up, preparing for Thessalonika. The Presidency reported on asylum and immigration and Chrisochoïdis stressed the importance of respecting the Seville objectives.