Brussels, 16/04/2008 (Agence Europe) - Less than two years after starting discussions, the 27 EU member states are expected to reach a political agreement on Friday 18 April on the decision making the European Police Office, better known as Europol, an EU Agency. At the Justice and Home Affairs (JHA) Council in Luxemburg, other agreements are expected, including on a decision on criminalising incitement to commit terrorist offences, on an action plan on the security of explosives and on the negotiating mandate in discussion with Washington on access to the US Visa Waiver Program (VWP).
On the sidelines of the Council, the Mixed Committee (EU, Norway, Iceland and Switzerland) will meet in the morning to consider the state of progress and the timetable of the Schengen Information System (SIS II), the implementation of which has recently been delayed until September 2009 (see EUROPE 9612) and a 2005 proposal for a directive on procedures for returning illegally staying non-EU nationals (returns directive), which is still the subject of hot debate with the European Parliament (see EUROPE 9643).
Home Affairs Ministers will then begin discussions on a proposal for a directive, presented in June 2007, to extend the long-term residence status to beneficiaries of international protection (see EUROPE 9440). They are also likely to adopt, by qualified majority, a mandate to the Commission to open discussions with the United States regarding certain conditions for access to the VWP (see EUROPE 9639), even if, for the moment, things are far from being clear with Washington, for example on the modus operandi of the US ESTA system for electronically authorising travel, which will ultimately replace visas for travel to the United States. Delegations will also consider the issue of illegal immigration into Greece which, over the last few months, has seen a rise in the number of unfounded asylum requests in that country. The Greek minister wrote to the Slovenian minister to ask him to include this item on the Council agenda. He also indicated that he intended to inform his colleagues of how his country was applying the Dublin II regulation (many NGOs have criticised Athens for its failure to comply with this legislation, see EUROPE 9639) and also the methods “which respect human rights” that Greece employs in dealing with illegal immigration. The Netherlands delegation will inform the Council about its recent visit to Thailand during which the possible return of refugees currently in Thailand. The Italian delegation will propose Mr Luca Riccardi for the post of director general of the International Organisation for Migration.
Political agreement is also likely to be reached on the EU action plan on improving the security of explosives. This action plan is one of a raft of measures proposed by the Commission in November 2007 to combat terrorism (see EUROPE 9536). The plan will improve the traceability of explosives in the EU, through, for example, the setting up of an alert system when explosives are stolen in a member state. Ministers also intend to come to political agreement on the decision establishing Europol taken in December 2006, which will replace the Europol Convention of 1995 with a Council decision which will see the European Police Office become a Community Agency (with a Community budget and a statute for its staff - see EUROPE 9332). The decision also extends Europol's mandate to all serious cross-border crime. Europol then will find it easier to come to the assistance of member states in cross-border criminal investigations in which the involvement of organised crime is not apparent from the beginning. Member states finally reached agreement on the last point of discord, the principle of budgetary neutrality which reassures states that their contributions to the future Agency will not be increased.
In the afternoon, it is expected that EU Justice Ministers will come to political agreement on the 2007 framework decision amending the framework decision on combating terrorism (see EUROPE 9536). It is intended to make “public provocation to commit terrorist offences” a criminal offence in all 27 EU member states. Especially targeted by this proposal is the use of the internet for propaganda, recruitment and training for terrorist activities.
Ministers are expected to hold a discussion on the framework decision to enhance procedure rights in trials “in absentia” (see EUROPE 9589). Although, in the normal way of things, there should be agreement on this decision, the change of government in Italy means that, for the moment, it is not possible to say if Rome will ultimately give its assent to such a proposal. Justice Ministers will also discuss strengthening Eurojust and, finally, it is likely that there will be agreement on a common frame of reference for European contract law. (B.C.)