Brussels, 07/10/2005 (Agence Europe) - Several important subjects are to be dealt with by the Justice and Home Affairs Council, which is due to take place in Luxembourg on 12 October. At the JHA Council, the ministers' talks will focus mainly on data retention, the proposed regulation creating a European payment order, and the application principles for the European Evidence Warrant. Other important subjects, including illegal immigration, will also be on the agenda. The ministers are also set to adopt conclusions on regional protection programmes and the exchange information between the law-enforcement authorities of the Member States (see EUROPE 9044). The EU/Russia Permanent Partnership Council, which is made up of the Justice and home affairs ministers of both sides, will take place on Thursday, when it will finalise a series of agreements (see EUROPE 9042).
Data retention: the 25 home affairs ministers will try to reach a unanimous solution to the legal and political problem facing them. In April 2004, France, Sweden and the United Kingdom tabled a proposed framework decision based on articles 31 and 34 of the Treaty (third pillar, inter-governmental), but the European Commission feels that this important problem should be dealt with under the first pillar, with co-decision of the European Parliament. On 21 September, it made a proposal to this effect (EUROPE 9030). In order to avoid having to refer the matter to the European Court of Justice for it to make a decision, France intends to suggest a third option, should the disagreement persist. Paris plans to propose to take the matter outside a European context and to develop coordinated national actions. Aside from the problem of the legal basis, is one of the costs for all businesses which would have to retain data. In its proposed directive, the Commission suggests that these costs should be borne by the Member States (Germany has already worked out that, for it alone, these costs would be upwards of 100 million EUR). As for the type of data to be retained, one question which has arisen is whether data should also be held on unsuccessful calls. In the view of Spain and the United Kingdom, this should be the case, as this helped to speed up investigations in the wake of terrorist attacks. In the view of other countries, such as Germany and Austria, this will bring about excessive costs. The UK Presidency has suggested the solution put forward by Spain (which has the support of the majority of Member States).
European payment order: on this point, the Council is to agree to adopt a single method with a view to producing and examining the proof of the act. The adoption of a regulation on this is one of the priorities set for 2006 as part of the action plan on the implementation of The Hague Programme, which lays down the objectives of the policy of liberty, security and justice for 2005-2010.
European Evidence Warrant: the 25 justice ministers are set to reach agreement on various principles relating to the issuing and execution of the Warrant. The debate will focus mainly on the conditions under which there will be an obligation to assist a Member State, and on cases in which a State may refuse to issue a Warrant. The European Evidence Warrant aims to tighten up cross-border cooperation in exchanging evidence in criminal cases. The framework decision on the European Evidence Warrant requires unanimous adoption.
The ministers will also be called upon to discuss other important subjects, and particularly the highly sensitive issue of illegal immigration, a matter of necessity in the wake of the tragic events in the Spanish enclaves of Ceuta and Melilla (EUROPE 9041). Franco Frattini, vice-President of the European Commission with responsibility for Justice, Liberty and Security, will report back to the ministers on Wednesday with the results of the technical mission sent to Spain and Morocco by the Commission to assess the situation and measures to be taken to face up to illegal immigration. Malta is set to raise the problem of illegal immigration and call for measures to be taken by the EU to fight the influx of illegal immigrants from Libya.
The debate will focus on article 3 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR). In the view of the United Kingdom, the interpretation of this article by the European Court of Human Rights grants disproportionate protection to people suspected of terrorist activities. France would like to raise the issue of a recent judgment by the Court of Justice, which cancelled the framework decision on criminal sanctions in case of crimes against the environment.