Brussels, 17/02/2004 (Agence Europe) - On Wednesday the European Commission will adopt a much awaited proposal on the introduction of biometric data in European passports. This proposal was motivated by the demand from the USA, which from October 2004 demands visas for European nationals who do no have such passports. Even if Member States rapidly agree to this proposal, it will be more difficult to put the idea into practice by this date. During the JHA dinner, ministers will also discuss the issue of visa imposition reciprocity). Commissioner Vitorino will present this proposal to the justice and home affairs Council. The Commission's proposal presentation was delayed by difficulties over legal bases.. On Thursday the permanent Irish representative, Ann Anderson indicated that the Commission had provided assurances that it "has found a legal base". In the corridors of the Council, some countries are criticising the legal basis chosen, indicated some European sources.
Examination procedures for asylum: ministers for the interior are expected to focus discussion on points of disagreement, such as the right of appeal and its suspensive effect. They will be reaching a decision on the possibility of introducing exceptions to these two principles. The Irish presidency is expected to say that there are no derogations to the right to an effective appeal against refusal even if the person comes from a safe third country and that there should not be exceptions to the right of the seekers to jurisdiction for deciding whether they can stay on the territory of a Member State while waiting the result of the appeal. The United Kingdom will be insisting on obtaining more exceptions on the issue of effective appeals, Germany and Austria, on the suspensive effect.
After the Council, the presidency will prepare a new complete version of the text for the Council March, which will be examining the very difficult question of the fate reserved for safe third country nationals. The presidency hopes to be able to reach a political agreement at the Council before the end of April, in order to respect the deadline set in the Treaty of Amsterdam, but it is insisting on the difficulty of the task and is refusing to make any predictions. Asked about this subject on Tuesday, Irish permanent representative, Ann Anderson stressed that the presidency's commitment to obtaining an agreement, while affirming that this would not be to the detriment of human rights. Several human rights organisations are worried about the content of the draft. Amnesty International says five Christian organisations published a press statement on Tuesday saying they were "very worried" by the risk of seeking the principle of the suspensive effect of appeal being threatened (Caritas Europa, the Commission of Churches for Immigrants in Europe, the secretariat of the Bishops Conference of the European Community (COMECE), the Jesuit Refugee Service in Europe and the European management committee of the Quakers. The High commission for the United Nations for Refugees was also worried by the discussion, although it said that it was less worried at the end of the informal Council in January (EUROPE 23 January p 7).
The Irish representative underlined that if the paper was not adopted by 1 May, it would be more difficult after enlargement, given that things will be difficult with 25 rather than 15 members.
Definition of the statute of rights for refugees: the presidency put this question on the table just so it could ask Germany, which is blocking the adoption of the text, if its position had evolved. The German representative indicated at the last Coreper meeting that his country was still not ready as the Council had not adopted the last two basic texts on asylum and that the case was still subject to unanimity. Thereafter, qualified majority will be instituted.
European arrest warrant: only eight Member States are applying the European arrest warrant, despite it being in force since 1 January. The presidency explained that it is putting this point on the agenda in order to maintain pressure on the other countries for whom it hopes will have met their obligations by April. Member States already including the warrant in their legislation are: the United Kingdom, Ireland, Spain, Portugal, Belgium, Denmark, Finland and Sweden. Hungary will be ready to apply the European arrest warrant, according to a statement from one European source.