Brussels, 03/06/2008 (Agence Europe) - If all goes well, a compromise on the “returns directive” is expected to be ratified at ministerial level at the Justice and Home Affairs Council on Thursday 5 and Friday 6 June in Luxembourg. The Mixed Committee (EU, Norway, Iceland, Liechtenstein and Switzerland) will meet Thursday morning before making way for the Council's “judicial affairs” version. Justice ministers will meet on Friday.
Mixed Committee. A compromise text on the returns directive elaborated by the Slovenian presidency and the rapporteur for the text at the European Parliament (EP), Manfred Weber (EPP-ED, Germany) was supported on 22 May by EU ambassadors (EUROPE 9667). Given the reservations expressed by the ADLE group at the EP, an informal discussion is expected on Wednesday morning between the Slovenian minister for the interior, Dragutin Mate and Mr Weber, as well as the ADLE the future French presidency and the Commission, in an attempt to obtain a lasting compromise (Socialists at the EP have not been invited). The request by the Liberals to amend the text was taken into account because their vote could be decisive when the EP gives its opinion on the text on 18 June at the plenary in Strasbourg. The stumbling block still remains the conditions in which a third country national threatened with expulsion can benefit from free legal assistance afforded by a member state. A compromise might be found if participants in the discussion managed to agree on the fact that the third country national has to obtain free legal assistance according to criteria defined in the 2005 directive on what qualifies for refugee status (Art. 15). On Wednesday morning, a Mixed Committee meeting will take place to try and get qualified majority on the text. Although Germany and Austria want this aid to be voluntary, this new solution is expected to be the right one because it leaves sufficient room for manoeuvre for the national authorities, explained one diplomatic source. If the Mixed Committee approves a new compromise, ministers are expected to follow suite. The Mixed Committee will make formal note of the progress involving the Second Generation Schengen Information System (SISII) and proceed to the examination of a detailed calendar on its implementation. According to this timetable, the date for changing from SIS 1 to SIS II is still 30 September 2009. The system is expected to be operational in member states from 1 February 2010.
Home affairs. Ministers will initially attempt to define a “general orientation” on a text to extend long term residency status beneficiaries with international protection (EUROPE 9648 and 9440). The Council will have a debate on the reinstallation of refugees from Iraq on the basis of a document presented by the German delegation (EUROPE 9646). The Council is also expected to reach an agreement on a decision establishing administrative and technical provisions needed for implementing the “Prüm decision” adopted in June 2007 (EUROPE 9444). The EU coordinator for the fight against terrorism, Gilles de Kerchove, will present the Council with his report on implementation of the strategy and action plan for fighting terrorism. Ministers will also approve the signing of the agreement between the EU and Australia on the transfer of Passenger Name Records (PNR) for airline passengers going to Australia.
Justice. The Council is expected to produce a general orientation on a draft framework decision on the execution of decisions by default or in abstentia (EUROPE 9648). Italy, which had problems with this draft, which it thought too restrictive, obtained a derogation that will allow it to apply the text from 2014 instead of 2011. Ministers are also expected to arrive at an agreement on the main articles in a proposal for strengthening Eurojust. This agreement is expected to focus on strengthening the powers of national members and the transmission of information to Eurojust. Spain and Latvia will be able to lift their reservations on these points. Ministers will also attempt to find a solution to the obstacle raised by Sweden, which is still opposed to the regulation on divorce (Rome III). Sweden is categorically refusing to apply any laws other than its own in this area. It believes that even with the prospect of the entry into force of the Lisbon Treaty, a proposal on family law should always obtain unanimity before it is adopted at European level. In these circumstances, the only possibility for member states wanting to go beyond Rome III, is strengthened cooperation. A diplomat stressed that everyone is a little afraid of going down this road. Ministers are expected to adopt a draft directive, without discussion, on the protection of critical European infrastructure (EUROPE 9661), as well as the draft regulation on law applicable to contractual obligations (Rome I - EUROPE 9560). At the Thursday Council session, the signing of common declarations on a partnership for mobility between the EU and Moldova and the EU and Cap-Verde will be organised. (B.C.)