Brussels, 30/10/2003 (Agence Europe) - As was the case during the last Justice and Home Affairs Council, the treatment of demands for asylum will be the main and most controversial subject at Thursday's JHA council on 6 November. Ministers will take up the discussion on the sending of asylum seekers to the countries of origin or safe transit (EUROPE 3 October p 11). They are also expected to tackle the difficult question of the suspensive effect of appeals against refusal decisions and therefor of the right of Member State to expel the asylum seeker when his appeal is still due to be examined. These issues have been subject to much debate and many amendments. Following long discussions at the Committee of Permanent Representatives (Coreper) on Thursday, this case will again be examined in a wok group on Monday.
Maritime borders: Spain and Greece are expected to present their project for maritime border co-operation centres. These two countries agreed to propose a centre for Madrid and another in the Port of Piraeus, to which a co-ordination committee will be added, indicated a European source. Their objective will be to organise joint operations and exchanges of personnel. These centres will be added to the centre for land borders in Germany and the Italian project for an air centre. They are eventually expected to be headed by the Agency for border management, which the Commission is expected to propose in mid-November (EUROPE 9 September p 9).
Italian proposal for common expulsion flights of persons residing illegally: Italy is proposing to focus on European co-operation on this sensitive subject (EUROPE 31 July p 7). Member States will debate, accompanied by Norway and Iceland, in the joint committee. The proposal is still quite general but could not be accompanied by a detailed draft annex that will propose to settle ways for co-operation stage by stage, from preparation of the flight to the arrival in the third country to which the person residing illegally is deported.
The draft annex mainly concerns escort staff and the use of force, outlining the number of officials, the fact that they must not be armed, the use, if necessary of measures of coercion, of which the list has to be agreed in the beginning by the different participating countries. These coercion measures will have to, it is explained, be proportionate and respect the dignity of the person expelled. The annex outlines that the expulsion should not be done "at any price" and should be stopped in some cases. The annex indicates that a medical examination will be necessary and medical assistance. Each Member State is expected to appoint a national body in charge of organising these charters in common (setting out the ways of organising, finding a transporter, sharing costs, obtaining authorisation of a third country destination).
Cost sharing for expulsions: the European Commission is proposing that the Member State that requests one of its EU partners to proceed to an expulsion of a third country national has to decide itself how the costs should be shared (EUROPE 5 February). Reimbursement should be calculated on "the basis of real costs". "Minimum reimbursable costs" will include the plane or train tickets, administrative costs (visas and return passes), accommodation costs. Member States can still decide where more expenses need reimbursing. Every Member States will select a national contact point in charge of implementing this decision and informing the Commission. This draft completes the 2001 directive on recognition and execution of expulsion decisions.
Residency permits for victims of human trafficking or illegal immigration who cooperate with judiciary: the Council will perhaps discuss the draft proposed by the Commission more than a year an a half ago (EUROPE 13 February 2002). Residency permits can be granted if it is of service to the judiciary procedures, if the person has demonstrated a clear intention to cooperate, if they have cut all links with the criminals doing the trafficking. It is proposed that the permit is of at least six months but several Member States have displayed reservations. Austria and Germany have indicated in working groups that they did not want minimum lengths of stay. Neither is there any agreement on the rights of beneficiaries of this special permit. France and Luxembourg insist that they have a right to work or receive training, other Member States prefer that this is left to the discretion of the authorities. Medical assistance is planned. A clause will permit, under certain conditions, of allowing minors to take part in this programme. The permit could be withdrawn at any moment if the person is no longer co-operating or if they have renewed contact with the traffickers. Member States will have to grant a reflection period to the person with whom they propose to cooperate; the Commission has proposed that this period is at least 30 days, which many of them refuse. During this thinking time, the State must give the person the means to live and take care of themselves, and access to an interpreter.
Legal co-operation
Parental responsibility: the Council could adopt the regulation on parental responsibility, to select the judge to preside custody, kidnapping and divorce cases. This could also allow the Hague Convention, on the same subject, to be ratified. There is agreement on both decisions, but their adoption depends on the Dutch parliamentary reservation being lifted, and on a Hispano-British agreement on application in Gibraltar (EUROPE of 28 October, p.14).
Security: the Council should have no problems approving an Italian draft resolution on denied access to football matches by known hooligans. Having done the rounds of the Council working groups, this non-binding resolution has taken on a more general nature. Member States will be encouraged to examine the opportunity of bringing in such measures and applying the decisions made by other Member States. Italy would have preferred all Member States clearly to commit to these measures (EUROPE of 26 July, p.6). Council is also to approve another proposed resolution by the Presidency, on the exchange of information to ensure the security of European Councils.
The Justice Ministers should also be interested in the signing of a new agreement on legal co-operation with Iceland and Norway, in the Directive on compensation for victims of crime, and a proposal on double jeopardy (EUROPE of 4 October, p.7). Talks on drugs trafficking, which was formerly planned for this Council, has been put back to the next session.