Brussels, 02/12/2004 (Agence Europe) - During Thursday's Justice and Home Affairs Council, the Member States debated the sensitive issue of retaining telecommunications data. Most Member States wished to oblige telephone and internet operators to keep more data than just simple invoices and other commercial details. They stress that the abundance of all-inclusive or unlimited subscriptions do not show the numbers contacted or the duration of calls. However, several Member States, led by Germany, prefer not to ask operators to retain more data than they need for the purposes of their business. Talks are still at a very early stage, and will continue in a working group, to decide on such elements as the type of data to be collected (telephone number, duration of communication, SMS…). There is no question of telephone tapping.
Marine pollution: The Council failed to reach agreement on the criminalisation of marine pollution. The Presidency will try to conclude the discussions, but will not include them on the agenda of the European Council. "We will try, but it will be very difficult", said a diplomatic source.
Stolen passports: The Member States undertook to send all information on lost or stolen passports to the International police organisation, Interpol.
European mandate on the taking of evidence: the Member States are very divided on this issue, and did no more than to take stock of progress in discussions.
Codecision and qualified majority: The Council is no longer waiting for the European Parliament's opinion to adopt the decision allowing the transition from unanimity to qualified majority and codecision with the European Parliament on illegal immigration, visas and borders. It will be implementing the decision of the European Council (EUROPE of 6 November). The changing of the procedure will enter into force a month after its definitive adoption by the Council. Legal immigration remains subject to unanimity.
The Presidency had proposed that the qualified majority rule should be applied for measures (long term visas, permits and conditions of residence) that are part of the broader decisions concerning refugees, and that qualified majority should also be applied to projects for the integration of immigrants, that could be supported by the Community budget. These two proposals were rejected, under pressure from Germany and Austria. The asylum dossier will go from qualified majority to co-decision as soon as the Council has approved the directive on asylum procedures.
Europol: The JHA Council has still not designated the new director for the European Police Office. The new procedure for short-listing candidates has not ended. "We trust it will be complete by the end of the year, so that the decision may be taken during the Dutch Presidency, possibly by written procedure", the Presidency said. Europol has not had a director since 1 July, when Jürgen Storbeck's term of office ended. Despite months of discussion, Member States have not been able to decide between the three candidates put forward by Europol.