Brussels, 21/10/2004 (Agence Europe) - The Dutch EU Presidency hopes the essential part of the new multi-annual programme for justice and home affairs will be finalised by the Justice and Home Affairs Council on Monday, in Luxembourg. The most sensitive issues are not, however, expected to be resolved until the meeting of Heads of State and Government on 5 November, after having been covered by the General Affairs Council on 2 November. Issues concern asylum, transition to qualified majority and co-decision, and several aspects of judiciary cooperation. Discussions at Monday's Council will focus on these issues, contained in the thirty-page project (EUROPE of 15 and 16 October). It will be the last Council for European Justice and Home Affairs Commissioner Antonio Vitorino, who was in the chair when this policy came into being.
Asylum: "There are countries which have their foot on the brake pedal when it comes to asylum", Presidency sources say. The Presidency, European Commission and France especially, however, insist that the deadline for giving the European Union a common asylum policy should be set at 2010. The aim of the common policy was contained in the first multi-annual programme adopted in Tampere in 1999. Several Member States, including Sweden, Ireland and Portugal, consider 2010 to be too soon.
On the subject of cooperation with third countries, a sensitive issue that mainly encompasses that of centres for refugees and illegal immigrants outside the EU, compliance with the Geneva Convention on refugees' rights should be formulated less strictly than the Presidency proposes in a first version of the document. From an "obligation for third countries to keep their commitments under the Geneva Convention" the text now speaks of "demonstration of real commitment" to keep the obligations of the Convention. Presidency sources state consensus should be reached on this second version. Some countries have even asked for the reference to the Geneva Convention to be deleted, one diplomat adds. Denmark and Portugal had pushed for the reference to the Geneva Convention to be made more flexible. At Coreper, on Wednesday, the text proposed was not criticised.
Qualified majority and co-decision: The Presidency states is was "hopeful" that an agreement would be reached on the issue, which will provoke the most discussion. The Presidency suggests that the Council adopt qualified majority and co-decision with the European Parliament for the whole of the asylum, immigration and visa chapter as of 1 April 2005, as the Nice Treaty allows. The United Kingdom and Ireland are clearly opposed to this, and many others find the deadline comes too soon. Germany is hesitating, and for now has placed a reservation on the matter subject to examination, diplomats say.
Judiciary cooperation: "This issue is difficult as there is a split between those who wish to move forward and the others who are extremely reticent", Presidency sources say. The Commission, Spain, France, Belgium and Luxembourg are among those who wish to move forward and who consider that there are too many references to subsidiarity and to respect of legal traditions in Member States. Ireland, the United Kingdom and Denmark, on the other hand, wish to slow the process down, and Germany is apparently "not too keen", several diplomats said.