Justice and Home Affairs Council, 08-09/10/2015, 8-9 October 2015

Main results

Migration

The Council discussed the future management of the EU's external borders, such as the developing collective responsibility of member states and Frontex, the use of new technologies and the issue of how to improve use of the existing monitoring and evaluation mechanism to verify the application of the Schengen acquis. The discussion provided input for the preparations of the forthcoming European Council.

An overwhelming majority of member states were in favour of strengthening the collective responsibility for external border controls and stressed the need to reinforce the role and capacity of Frontex.

Ministers also discussed the future of return policy and adopted a set of conclusions.

• Council conclusions on the future of the return policy, 8 October 2015

The Presidency considers that today's debate will assist in the preparations of next week's European Council. The future of Schengen depends on the credible and effective control of the EU's external borders. This is a particularly high priority within the overall European Agenda on Migration Jean Asselborn, Minister for immigration and asylum of Luxembourg and President of the Council

The Council was briefed on the latest developments regarding the relocation of 160 000 persons in need of international protection, following the decisions adopted on 14 and 22 September. Ministers welcomed the first relocations, which will begin already on 9 October 2015.

The Council also discussed ways of improving judicial cooperation and strengthening the fight against xenophobia in the migration crisis. Measures raised include better use of Eurojust tools by the judicial authorities of the member states, better cooperation with the judicial authorities of third countries, cooperation with internet providers to act against on-line hate speech and better protection of children's rights.

• Finding solutions to migratory pressures (background information)

In response to the migration crisis the Council also approved €576.3 million in commitments and €71.3 million in payments as additional financial assistance from the 2015 EU budget. This puts into effect the commitments made by the European Council on 23 September 2015.

• Council approves more money to tackle refugee crisis

Counterterrorism

The Council adopted conclusions on strengthening measures to fight trafficking in firearms.

• Council conclusions on strengthening the use of means of fighting trafficking of firearms

Ministers were also briefed on the implementation of measures regarding counterterrorism following the statement by EU leaders on 12 February 2015, and agreed to make progress on a number of priorities before the next meeting in December.

The Presidency informed the Council on progress in work on a directive on the use of passenger name record data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime.

"Political discussions with the European Parliament are underway. We are confident of finding a political agreement before the end of the year which will enable us to reach a balanced outcome which will offer real additional protection for our citizens and at the same time take full account both of operational needs and the protection of data and of fundamental rights", Etienne Schneider, Minister for internal security of Luxembourg and President of the Council 

• EU fight against terrorism (background information)

Data protection

The Council agreed its negotiating position on the draft data protection directive. This enables the Luxembourg presidency to start discussions with the European Parliament on this part of the data protection package. The other part of the package is the general data protection regulation on which talks with the Parliament have already started. The draft directive establishes rules for the protection of personal data processed for the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal offences or the safeguarding against and the prevention of threats to public security.

"Today's agreement is a crucial step in view of reaching an overall agreement on the EU data protection package by the end of the year", Félix Braz, Minister for Justice of Luxembourg and President of the Council.

• Data protection for police and judicial cooperation in criminal matters: Council ready for talks with EP
• Data protection reform

The Commission also informed the Council of the consequences of the judgement of the European Court of Justice which on 6 October 2015 declared the Commission's safe harbour decision invalid.

European public prosecutor's office

The Council provisionally agreed certain articles of the draft regulation establishing the European public prosecutor's office. These articles establish rules covering in particular the conduct of investigations and criminal prosecutions in national courts, and include the procedural rights of suspects and accused persons. The establishment of a European Public Prosecutor's Office is aimed at helping combat crimes against the EU's financial interests. Work will continue with the aim of reaching agreement in the Council on the remaining parts of the regulation.

Support for Greece

The Council adopted a regulation which will help Greece to maximize the use of EU funds and improve liquidity in order to stimulate growth and create jobs. The main objective of the regulation is to address the lack of public funds available for much-needed investment in Greece, and to ensure that European structural and investment funds are able to deliver concrete benefits as quickly as possible.

• Outcome of Council meeting