Brussels, 08/06/2007 (Agence Europe) - With its last Justice and Home Affairs Council in Luxembourg on 12 and 13 June, Germany is expected to close what has been a generally prolific mandate. In addition to the many reforms already adopted over the past six months (framework decision on racism and xenophobia and the transfer of prisoners, etc.), ministers should confirm two agreements recently finalised during talks at ambassadorial level: - inclusion of the Prüm Treaty (Schengen III) into the Union's legal framework, and the Visa Information System (VIS). The presidency may, however, be faced with failure when it comes to cooperation in the criminal justice area, mainly over a text that aims to guarantee the rights of suspects in the EU. This question is in fact closely linked to the EU's institutional future. The Commission is also expected to encounter difficulties in persuading member states to provide the equipment pledged to allow European coastguard patrols to begin their work of combating illegal immigration in the Mediterranean. The points of the agenda on home affairs will be raised on Tuesday and those on justice, Wednesday.
Schengen III. Interior ministers are not expected to encounter too many problems for finalising the text that allows part of the Prüm Treaty to be incorporated into the Third Pillar section (police cooperation and criminal justice) of the European legal order (EUROPE 9367). This was one of the Presidency's main objectives. The transfer will allow enhanced collaboration between member state police forces, mainly through the sharing of DNA data, fingerprints and car registrations. One of the flagship measures in the text provides above all for police officials to be able to operate in a State other than their own wearing their national uniform and, in some circumstances, carrying weapons. This could be the case, for example, during large-scale events (G87, sports events, etc.). The last reservations on the proposal (expressed by the Czech Republic and the United Kingdom) are expected to be officially lifted.
VIS. This is another success of the Presidency, for which a compromise with the European Parliament was reached after discussion lasting several months (EUROPE 9442). The Council will thus confirm that an agreement was reached on two legally separate proposals. The first is a regulation, which creates a database for exchanging information between member states on short-stay visas and visa applications from third country nationals hoping to enter the Schengen Area. The second is a decision on access to VIS by Europol and the member states' authorities as part of criminal or counter-terrorist investigations. VIS should be operational in 2009.
Right of suspects. Discussions in Coreper on the proposal for a framework decision, the aim of which is to better protect the rights of persons accused, have not always been successful (EUROPE 9410) due to strong opposition from several member states (United Kingdom, Ireland, Cyprus, Malta, Slovakia and the Czech Republic). If the text were adopted, it would introduce bases for harmonisation on criminal justice, which the above-mentioned countries find inconceivable. “Things are not moving forward despite every attempt made by the Presidency”, one diplomatic source said. “It is a serious problem of method”, the same source continued, stating by way of comparison that the incorporation of an instrument like the Prüm Treaty into the EU legal framework was done in just six months, whereas it would have taken three or four years using the normal process. The only possible solution would therefore be the setting in place of enhanced cooperation over which States are still hesitant, as such a solution has never yet been applied (EUROPE 9373). Without ruling out this possibility, the ministers are expected to argue in favour of waiting for the solutions that may be put forward in the upcoming new Union treaty. The next European Council will reach elements of a response.
Immigration. Member states have still not reacted. They had in fact pledged to give Frontex the necessary means to carry out patrols in the Mediterranean to combat illegal immigration. As waves of immigrants flow to the shores of the EU bringing shipwreck and death with them, Commissioner Franco Frattini will reiterate an urgent appeal to member states (EUROPE 9440). The problem is that there are gaps in international maritime law. Until things are clarified, member states should be reticent about becoming involved in large-scale actions. The recent Commission proposals on illegal and legal immigration as well as on asylum will also be the subject of a debate between ministers (EUROPE 9428 and 9440).
The Council will also tackle many other themes such as the proposal to replace the Europol Convention with a Council decision. At the heart of the debates, states come up against the fact that the Office is being brought under the scope of Community competence. (bc)