Brussels, 27/02/2008 (Agence Europe) - When they meet in the Justice and Home Affairs Council in Brussels on Thursday 28 February, EU interior ministers will have their first look at the thorny issue of the Czech Republic's signing of a memorandum of understanding with the United States on strengthening border security. Ministers are likely to be able to reach agreement in principle on the main points at issue to allow the European police service, Europol, to become a Community agency. They will also further delay the implementation of the second generation Schengen Information System (SIS II), until September 2009.
Interior ministers will begin on Thursday morning with the consideration of a proposal for a Council decision to replace the current Europol convention. It is expected that agreement will be reached on the three outstanding points: the budget neutrality of the proposal, rotation of police staff from member countries within Europol, and immunity for Europol staff. There will be final agreement, by June it is hoped, when the 10 chapters of the decision have been adopted. Late morning, the Mixed Committee (EU, Norway, Iceland and Switzerland) will meet to consider the state of play and timetable for the Schengen Information System (SIS II) and a proposal for a directive on procedures for retuning illegally staying non-EU nationals. The end of September is now the target for phasing in SIS II from SIS I, and for testing the system (see EUROPE 9588). The Slovenian presidency will take stock of progress on the “returns” directive (co-decision), which still sees the Council and European Parliament (EP) at loggerheads (see EUROPE 9606). On the sidelines of the Council, protocols on the accession of Liechtenstein to the Schengen acquis and the Dublin/Eurodac acquis (see EUROPE 9607) and on Denmark's particular position will be signed.
Over lunch, the interior ministers will also discuss SIS II, the progress of the work of the high level EU-US contact group on data protection, and legislation on the US Visa Waiver Programme (VWP). This is the most keenly awaited issue because, despite several warnings from the presidency and the Commission, the Czechs went ahead and signed a memorandum of understanding with the United States (see EUROPE 9608). “The ministers are likely to call for unity among member states, even though it's a bit late,” said a diplomat on Wednesday after the meeting of ambassadors to the EU. For the moment, that is the preferred response of the Slovenian presidency and the Commission. At the ambassadors' meeting, the Czechs and some others pointed out that there had been no progress on visa exemption with the US since they joined the EU, and, given the lack of pressure from the EU, the American proposals provided an opportunity to be grabbed, said the diplomat. At this point, most of the countries which joined the EU in 2004, with the exception of the Poles and Slovenes (Slovenia is part of the VWP) have been approached by the American administration. The idea being pushed by the presidency is for a freeze on signing memorandums with the US until a joint EU position has been determined, probably before the meeting with US Secretary of State for Homeland Security Michael Chertoff in Slovenia on 13 March. For the moment, the Commission has not said it would take action against states which sign memorandums. Nonetheless, sources close to the presidency have said that the Czech Republic had gone beyond “the red line” which had not to be passed.
Ministers will also consider the proposal for an EP resolution on the annual debate on progress made in the Area of Freedom, Security and Justice, and more specifically the implementation of an inter-institutional agreement ahead of the coming into effect of the Lisbon Treaty (see EUROPE 9592). At lunch, justice ministers will also discuss this resolution. They will also be briefed on the creation of a forum for discussing justice issues and the financing of e-justice projects, and will examine a list of legal instruments the adoption of which is pending due to parliamentary reservations entered by some member states.
The afternoon session will be devoted to justice and will allow ministers to discuss the current situation regarding ratification of the 2003 EU-US agreements on extradition and mutual legal assistance. The Council is likely to put pressure on member states which have still to have the agreements ratified by their parliaments, so that the presidency can definitively ratify them. The United States also has to ratify these agreements. The ministers will also take a first look at the proposal for a framework decision on combating terrorism. Discussion will focus on safeguards relating to human rights and the principle of proportionality (see EUROPE 9536). The Commission will inform the Council about a proposal on criminal law measures related to pollution caused by ships. (B.C.)