COMBATING TERRORISM
- Conclusions of the seminar on 17 February 1995
and continuation of the Ministers' discussion on 26 January 1995
The Council heard a Presidency report on the seminar
which took place in Paris on 17 February 1995 as a followup
to the Ministers' discussion of Islaminspired terrorism
at their informal meeting in Paris on 26 January 1995.
Following the exchange of views on the above, the
Council agreed to instruct the competent authorities to take account
of today's discussion when drawing up the document on the external
and internal threat posed by terrorism to the countries of the
European Union, which is to be submitted to the next Justice and
Home Affairs Council in June.
EUROPOL CONVENTION
The Council continued its discussions with a view
to adopting the EUROPOL Convention at its meeting in June, in
accordance with the timetable laid down by the Essen European
Council.
The Council expressed satisfaction at this meeting
at the substantial progress made on all aspects of EUROPOL since
its meeting in December 1994.
Thus the Council was able, in particular, to agree in principle on the main aspects of the architecture of the system and access by Member States to analysis work. The architecture will have three components: a general information system containing information of less than critical sensitivity, files opened for strategic analysis purposes containing highly sensitive information and an index.
The Council was also able to record broad agreement
on the fundamental Articles relating to the establishment of the
European Police Office, its objective of improving cooperation
between the competent authorities of the Member States in preventing
and combating terrorism, unlawful drug trafficking and other serious
forms of international crime and the duties to be carried out
by the Office to that end. The Council also confirmed its agreement
to EUROPOL automatically dealing with terrorist activities within
two years of the entry into force of the Convention. The Council's
agreement also extended to the tasks of the national units - the
only liaison bodies - and of the liaison officers to
be sent by each national unit to EUROPOL.
In conclusion, the Council confirmed that the discussions
could be deemed to be completed - subject to final examination
of the entire text of the Convention later - on the
provisions (thirteen Articles) on the obligation to provide information,
data security, legal capacity, the various units, the Director
and staff of EUROPOL, the headquarters agreement, entry into force
and accession to the Convention.
On the subject of the right of citizens to be informed
of data concerning them held by EUROPOL, the Council examined
a Presidency compromise on the coexistence in the Member States
of systems based either on direct access or providing for indirect
access.
It should be pointed out that a number of important
institutional matters have yet to be resolved, such as the role
of the European Parliament, the Court of Justice and the Court
of Auditors.
On completion of the discussion, the Council instructed its preparatory bodies - the K.4 Committee and Steering Group II - to expedite their discussions on issues outstanding with a view to resolving them without delay. It also asked them to finalize the texts on which agreement in principle had been reached, as stated above. It confirmed its resolve to adopt this important Convention by the agreed deadline, i.e. in June.
MINIMUM GUARANTEES FOR ASYLUM PROCEDURES
The Council agreed to the Resolution on minimum guarantees
for asylum procedures. This Resolution will be formally adopted,
once it has been finalized in a Working Party of Legal/Linguistic
Experts, at a forthcoming Council meeting and then forwarded to
the European Parliament.
The Resolution lays down principles concerning fair
and effective asylum procedure in accordance with the 1951 Geneva
Convention and the 1967 New York Protocol relating to
the Status of Refugees. Within this framework, in order to ensure
compliance with the principle of non-refoulement, no expulsion
measure may be carried out as long as no decision has been taken
on the asylum application.
The Resolution contains provisions on the rights
of asylumseekers during examination, appeal and review procedures.
Reference is made, in connection with manifestly unfounded asylum
applications, to the Resolution adopted by the Immigration Ministers
at their meeting on 30 November and 1 December 1992.
As regards asylum applications at the border, the
Resolution lays down that the Member States will adopt administrative
measures ensuring that any asylumseeker arriving at their
frontiers is afforded an opportunity to lodge an asylum application.
Additional safeguards are laid down for unaccompanied
minors and women.
The Resolution states that Member States will strive to bring their national legislation into line with these principles by 1 January 1996.
BURDENSHARING WITH REGARD TO DISPLACED
PERSONS
The Council discussed in depth the problems arising
in connection with the draft Resolution on burdensharing
with regard to the admission and residence of displaced persons
on a temporary basis.
The discussion showed that the Member States were
aware that any Member State faced with a massive influx of displaced
persons should be able to count on the solidarity of the others.
The discussion centred on two approaches to the possibility
of sharing out displaced persons throughout the territory of the
Member States of the EU. Member States did not agree on the first
approach which would involve laying down precise criteria to be
taken into account when sharing out displaced persons. A second
approach was therefore suggested. This would involve the political
affirmation by the Member States of their willingness to cooperate
actively in a spirit of solidarity, should the need arise.
The possibility of supplementing the physical sharing
of persons by a financial compensation mechanism was also mooted.
In addition, most of the Member States emphasized the need to
avoid any forced displacement of persons between Member States.
On completion of the debate, the Council instructed
its subordinate bodies to continue their proceedings in the light
of Ministers' remarks. The Presidency stated that it might raise
this issue again at an informal meeting in April with a view to
reaching a solution which complied with the conclusions of the
Essen European Council which had asked it "to find as soon
as possible an effective arrangement for future sharing of the
burden of humanitarian assistance".
CONVENTION ON SIMPLIFIED EXTRADITION PROCEDURE
BETWEEN THE MEMBER STATES OF THE EUROPEAN UNION
At this meeting the Council adopted the Act drawing
up the Convention on simplified extradition procedure between
the Member States of the European Union, after which the Justice
Ministers signed the Convention.
This Convention is the first to be adopted in the
area of Justice and Home Affairs (Title VI of the EU Treaty).
It is in line with the Member States' desire to improve judicial
cooperation in criminal matters, with regard both to proceedings
and to the execution of sentences. Extradition has a very important
part to play in achieving these judicial cooperation objectives.
The Convention is designed to simplify substantially
the application between the Member States of the Union of the
European Convention on Extradition adopted by the Council of Europe
in 1959. The extradition procedure covered by the Convention
can be reduced to a few weeks, if not a few days. It is thus
a significant measure to protect individuals.
It applies to cases - approximately one third of
the total number - in which persons whose extradition is requested
consent and the requested State agrees. The consent of the arrested
person is given before a competent judicial authority of the requested
State in accordance with the national law of that State. The
purpose of this procedure is to give the arrested or wanted person
sufficient legal guarantees. That person is thus informed of
the request relating to him. His consent must be given voluntarily
and in full awareness of the consequences. To that end, the arrested
person has the right to legal counsel.
The person is surrendered within twenty days of the
date on which the extradition decision was notified. After that
deadline, if the person is being held, he is released on the territory
of the requested State.
The Convention will enter into force ninety days
after it has been ratified by all the Member States. It may,
however, be applied in advance between those Member States which
make a statement to that effect when depositing the instrument
of ratification.
Discussions on other extradition procedures are continuing
with a view to drawing up another Convention.
RELATIONS WITH THIRD COUNTRIES
The Council agreed on certain procedures for organizing
contacts with third countries in the context of the Third Pillar.
Given the numerous requests from third countries,
it is important that such contacts be as operational as possible,
while ensuring that the time and means required are not excessive.
Thus, in addition to the structured dialogue organized with
the CCEE, contacts will be held, in accordance with requirements,
on three levels:
- by the Presidency acting in principle through the
General Secretariat,
- by the Presidency or the Troika, or
- by Ministers.
RACISM AND XENOPHOBIA
The Council adopted the report on racism and xenophobia,
which was drawn up under JHA and which, together with the
contribution by the Consultative Commission, will be incorporated
in the global strategy on the matter to be defined at the European
Council in Cannes.
The report surveys situations which could generate
racism and xenophobia, e.g. lack of control of migratory flows;
it analyses the contribution of police and customs cooperation
to combating such phenomena. It also contains a comparative study
of Member States' laws which reveals discrepancies and lacunae.
Lastly, the report puts forward proposals to improve international
cooperation and develop national laws.
Ministers emphasized in particular the importance
of the last two areas of action, i.e. the need for greater international
cooperation to combat such phenomena and the need for effective
national laws to ensure more extensive punitive action.
EXTENSION OF THE BRUSSELS CONVENTION TO FAMILY
LAW
The Council was informed of the proceedings which
had taken place since its meeting in December 1994 on the
extension of the Brussels Convention on Jurisdiction and the Enforcement
of Judgments within the Union to family law. These proceedings
centred on defining the scope of this new Convention (the socalled
Brussels II Convention) and determining competence in this
area: the national legal body which is competent.
In the light of the experts' proceedings, the Council held a policy debate on the problem of
competence in respect of applications for divorce, separation or annulment. It also turned its
mind to whether ancillary proceedings concerning
custody of children, exercise of parental authority and visiting
rights should be included in the scope of the Convention.
The Council also examined the timescale for finalizing
proceedings on the new Convention.
In conclusion, the Council asked its preparatory
bodies to submit a draft text, for its meeting in June, on the
scope and grounds of competence for the main proceedings referred
to above, including all the ancillary proceedings relating to
the children.
JUDICIAL PROTECTION OF THE FINANCIAL INTERESTS
OF THE COMMUNITIES
The Council held a very wideranging discussion
on the judicial aspect of combating fraud, in the light of the
instructions it had received from the Essen European Council to
draw up a legal instrument in the first half of 1995.
The Member States stressed their joint resolve to
be more effective in combating this scourge which has tarnished
the Union's image in the eyes of its citizens. In view of the
urgent need to reach agreement, the Council agreed to draw up
a binding legal instrument which would be confined to basic matters
in the initial stage. The other problems arising in this area
will be examined at a later date when the second instrument is
being drawn up.
The first instrument should include a definition
of fraud which would be at once precise, broad and common to the
Member States' various legislative arrangements.
Most of the delegations were of the opinion that this first instrument should also include detailed provisions on the liability of persons involved, the fittingness of penalties (proportionate and dissuasive, with the possibility of extradition in serious cases) and the competence of courts in the event of transfrontier fraud.
The Council instructed its subordinate bodies to
speed up their proceedings on such a first instrument with a view
to meeting the deadline laid down by the European Council and,
more particularly, to consider the advantages and disadvantages
of creating a specific offence, the possibility of including gross
negligence as suggested by the Commission and the liability of
decisionmakers in the case of a firm. Should the discussions
not progress sufficiently, the Presidency might organize another
ministerial discussion of this issue as early as April.
CONVENTION ON THE CUSTOMS INFORMATION SYSTEM
(CIS CONVENTION)
The Council examined the two problems outstanding
on the draft Convention concerning the customs information system.
A solution was found to the first one: the Member
States were favourably inclined to the early provisional application
of the Convention subject to a specific Agreement being drawn
up.
Opinions continue to differ, however, on the role
of the Court of Justice. Most of the delegations advocated wideranging
jurisdiction for the Court of Justice to include disputes between
Member States and between Member States and the Commission and
preliminary rulings on interpretation, while some Member States
were either in favour of only limited jurisdiction or opposed
to any jurisdiction for the Court of Justice under this Convention.
In conclusion, the Council instructed the Permanent Representatives Committee to consider the outstanding problems further with a view to resolving them as soon as possible.
UNIFORM FORMAT FOR VISAS
The Council agreed to the Regulation laying down
a uniform format for visas. This Regulation will be adopted formally
once some Member States have withdrawn their linguistic and parliamentary
reservations.
The Regulation lays down that visas issued by the
Member States will be produced in a uniform format - sticker - and
will conform to the common specifications set out in an Annex
to the Regulation, concerning, inter alia, security features
which render the visa difficult to counterfeit or falsify, the
nature and colour of the paper, the parts to be filled out by
the issuing authority and the languages to be used.
The uniform format for visas will come into effective
use six months after the additional technical specifications to
reduce counterfeiting or falsification have been adopted by the
Commission with the assent of a committee consisting of representatives
of the Member States.
The Council also agreed to discuss a draft Regulation
determining the third countries whose nationals must be in possession
of a visa when crossing the Member States' external borders at
its June meeting.
TRANSMISSION OF LEGAL ACTS
The Council asked its preparatory bodies to complete their proceedings as soon as possible on the draft Convention submitted by the Presidency on the simplification and acceleration of the service of judicial documents in civil matters.
DISQUALIFICATION FROM DRIVING
The Council also instructed its preparatory bodies
to speed up their proceedings on the draft Convention on disqualification
from driving to enable ministers to conclude it as soon as possible.
The purpose of this Convention is to make the measures suspending driving licences adopted in any Member State in the event of certain serious breaches of the Highway Code applicable in all the Member States.
OTHER DECISIONS IN THE FIELD OF JHA
(Adopted without debate)
EURODAC
The Council decided to extend the study on EURODAC
(European Fingerprinting System) users' needs and requirements
to the three new Member States, while complying with the working
method for the original contract and without delaying the agreed
deadlines. The Council also noted that the cost of the entire
study, including the additional study, would be borne by the fifteen
Member States and would be divided between them in accordance
with the GNP scale.
Europol Drugs Unit (EDU)
The Council adopted:
- a joint action on the basis of Article K.3
of the Treaty on European Union concerning the Europol Drugs Unit.
This joint action replaces the Copenhagen ministerial agreement
of 2 June 1993 on the establishment of the European
Drugs Unit. It extends the scope of the EDU to three new areas
and includes the three new Member States in the body of the text;
- the first annual report on the activities of the
Europol Drugs Unit between 1 January and 31 December 1994;
- the European Drugs Unit work programme (January
to June 1995).
The Europol Drugs Unit was set up in The Hague in
January 1994 pending the setting up of Europol, as provided
for in the Treaty on European Union.
It has been functioning as a nonoperational
team since that time, responsible for exchanging and analysing
information and data on the following once they concern two Member
States or more:
- unlawful drug trafficking,
- illicit trafficking of radioactive and nuclear materials (new),
- illegal immigration networks (new),
- illegal trafficking of motor vehicles (new),
the criminal organizations involved therein and associated money laundering.
Combating drugs
The Council adopted an opinion on the Commission
communication on a European plan to combat drugs (19951999).
To strengthen governmental cooperation within the
European Union in combating drug trafficking, the Council drafted
certain proposals for inclusion in the European plan to combat
drugs.
Organized crime
The Council approved a report on organized crime
in the European Union in 1993 drawn up by the ad hoc Working
Party on International Organized Crime with the help of a questionnaire
sent to all the Member States.
Customs strategy at external frontiers
The Council agreed to the plan concerning the organization
of joint surveillance operations at the Union's external frontiers
in 1995 so as to make customs cooperation tangible and operational.
Sea, air and land measures are included.