Justice and Home Affairs Council, 09-10/06/2016, 9-10 June 2016

Main results

Home Affairs - 10 June

Weapons  

Ministers agreed the Council's negotiating position on the proposal for a directive on control of the acquisition and possession of weapons, which reviews and completes existing directive 91/477/EEC. On the basis of this mandate, the presidency will start negotiations with the European Parliament as soon as the latter has adopted its position.   

The revised directive aims at addressing certain weaknesses in the existing legislation that have been identified especially in the aftermath  of the  series of terrorists attacks that took place in Europe.   

Ard Van Der Steur, Minister for Security and Justice of the Netherlands and President of the Council said: “After the tragic terrorist attacks in Paris and Brussels the Justice and Home Affairs Ministers asked for a swift adoption of the directive. With this new directive the Netherlands Presidency has achieved a just and fair balance between an internal market for allowed firearms on the one hand and enhancing the security of EU citizens on the other.”   

• Council agrees negotiating position to strengthen control of firearms

Roadmap to enhance information exchange 

Ministers endorsed a roadmap to enhance information exchange and information management including interoperability solutions in the Justice and Home Affairs area.  

The roadmap sets out a framework for a more integrated EU information architecture and specific, practical short and medium-term- actions as well as long-term orientations to enhance information management and information exchange.  

The recent terrorist attacks in Paris and Brussels, continuous terrorist incidents outside the EU and the ongoing migration crisis have shown the importance of investing in swift, effective and qualitative information management and information exchange.   

• Response to foreign terrorist fighters and recent terrorist attacks in Europe (background information)

Together we have managed to increase control of the migration flows running through Turkey and Greece. Now we urgently need to end the tragic drownings in the Mediterranean Sea. We have to act together and we have to act along the whole route. This includes addressing the root causes of migration, registering migrants instead of waving them through, and returning economic migrants to their home country.” Klaas Dijkhoff, Minister for Migration of the Netherlands and President of the Council 

Migration   

The Council discussed the current migratory situation and in particular the implementation of the 18 March EU-Turkey Statement and the migratory flows in the Central Mediterranean.  

Ministers reaffirmed that returns to Turkey from Greece should be stepped up and that the EU's assistance through Frontex and EASO should also be prioritized in contributing to these returns through efficient admissibility and eligibility support. Member states confirmed that migrants can and should return to Turkey.

Participating states were invited to speed up the resettlement of Syrian refugees from Turkey and prepare for a Voluntary Humanitarian Admission System.  They were urged to accelerate the relocation of asylum seekers from Greece and Italy, in accordance with the Council decisions of September 2015.

• Finding solutions to migratory pressures (background information)

Visa liberalisation

Ministers held a general debate on visa policy in the light of the recent proposals by the Commission related to visa liberalisation. 

 The Presidency stated that there is not yet enough support for adopting a mandate to start the negotiations with the European Parliament on the proposal regarding the visa liberalisation for Georgia. Several member states expressed their dissatisfaction with this situation and hope that a mandate will be approved as soon as possible. 

The proposals that are currently on the table will be examined further in the coming weeks in the relevant bodies of the Council, on a merit-based approach. 

Ministers stressed that visa requirements can only be lifted when previously agreed benchmarks are fulfilled. Ministers noted that the decision will be taken in a strict and fair manner on the basis of the assessment by the Commission as to whether the benchmarks have been fulfilled. 

Justice - 9 June 

Property regimes for international couples  

18 member states agreed on two regulations aimed at determining the rules applicable to property regimes for married couples or registered partners in cross-border situations (i.e. couples of different EU nationalities and/or who own properties in another EU member state).   

The regulations aim to determine which court will have jurisdiction for and which law will be applicable to matters of matrimonial property regimes and the property consequences of registered partnerships. They will establish clear rules on applicable law in case of divorce or death, bringing more legal certainty and putting an end to parallel and possibly conflicting proceedings in various member states. They will also facilitate the recognition and enforcement of decisions in cross-border situations.   

Dutch minister Van der Steur, on behalf of the Netherlands presidency, said : "The Netherlands Presidency is very pleased that the Council has made a lot of progress, very swiftly,  to overcome the deadlock in this file, by means of enhanced cooperation. Already 18 member states are on board. The Commission, European Parliament and Council have been working hard on this file during this semester and we hope that, after the adoption of the proposals, other member states will join the enhanced cooperation as well."

• 18 EU countries agree to clarify rules on property regimes for international couples

Criminal justice in cyberspace  

Justice ministers adopted two sets of conclusions which set out concrete measures and a timeline for further action to improve cooperation in the fight against criminal activities in cyberspace.   

The conclusions in particular set out concrete measures for future follow-up and action to streamline mutual legal assistance proceedings, improve cooperation with service providers and launch a reflection process on possible connecting factors for enforcement jurisdiction in cyberspace. The Commission is requested to present deliverables on those three areas by June 2017. 

• Fight against criminal activities in cyberspace : Council agrees on practical measures and next steps

 European Public Prosecutor's Office (EPPO) 

Ministers expressed broad conceptual support for the latest set of articles discussed at experts level under the Netherlands presidency. The presidency invited experts to continue negotiations, keeping in mind reservations expressed by some delegations and noting that nothing can be considered as fully agreed before an overall agreement on the text is reached. 

These articles cover the rules on the case management system and data protection, simplified prosecution procedures, general provisions and financial and staff provisions. 

The EPPO regulation aims at helping combat crimes against the EU's financial interests by introducing a European Public Prosecutor's Office with competence in that area.