Voorlopige conclusies van de Raad Justitie en Binnenlandse Zaken van 27 oktober 2011 (en)
COUNCIL OF THE EUROPEAN UNION
PROVISIONAL VERSION
Items taken on 27.10 only
PRESSE 397 PR CO 65
PRESS RELEASE
3121st Council meeting Justice and Home Affairs
Luxembourg, 27 October 2011
Minister for the Interior of Poland
PRESS
Rue de la Loi 175 B - 1048 BRUSSELS Tel.: +32 (0)2 281 8847 / 6319 Fax: +32 (0)2 281 8026 press .office @ consilium.europa.eu http://www.consilium.europa.eu/Newsroom
President
Mr Jerzy MILLER
PROVISIONAL VERSION
27.X.2011
Main results
The Council adopted a European pact against synthetic drugs. In this context, it also exchanged views on the annual report 2011 on the state of the drug problems in Europe by the European monitoring centre for drugs and drug addiction (EMCDDA) and the Commission communication "Towards a stronger European response to drugs".
Ministers agreed on a general approach on a proposal amending EU rules on local border traffic (LBT) which aims at facilitating border crossings in the Kaliningrad area.
The Council took note of the state of play of work on the Common European Asylum System. In this context, the presidency informed about the progress made on two particular directives: one regarding a single permit for third country nationals to reside and work in the EU and a common set of rights for third country workers legally residing in a member state, the other regarding the qualification and status of third country nationals as beneficiaries of international protection.
The Council then examined the progress made in the implementation of Greece's national action plan on asylum reform and migration management. Illegal migration, visa liberalisation and human trafficking were the main subject over lunch.
The Commission informed about the state of play of two sets of negotiations with the USA: one concerning an EU-US agreement on data protection, the other concerning an EU-US PNR agreement.
Ministers also held orientation debates on a number of Commission communications concerning:
- available options concerning a European terrorist finance tracking system;
- a European agenda for integration of third country nationals; and
- cooperation in the area of Justice and Home Affairs within the Eastern Partnership.
In the margins of the Council, the Mixed Committee (the EU plus Norway, Iceland, Liechtenstein and Switzerland) welcomed the most recent launch of the Visa Information System (VIS) and looked at the state of play of the Schengen Information System (SIS II). It also looked at the above mentioned proposal to facilitate border crossings in the Kaliningrad area and exchanged views on a Commission communication on smart borders.
Also in the margins of the Council, a declaration on a mobility partnership was signed between the EU and Armenia.
PROVISIONAL VERSION 27 X 2011
CONTENTS1
PARTICIPANTS................................................................................................................................6
ITEMS DEBATED
EU DRUGS POLICY..........................................................................................................................8
European pact against synthetic drugs.................................................................................................8
Commission communication / Annual report 2011 by EU drugs agency............................................9
LOCAL BORDER TRAFFIC IN THE KALININGRAD AREA.....................................................10
COMMON EUROPEAN ASYLUM SYSTEM (CEAS)..................................................................11
SINGLE PERMIT FOR THIRD COUNTRY NATIONALS TO RESIDE AND WORK IN
THE EU..............................................................................................................................................12
QUALIFICATION DIRECTIVE......................................................................................................13
GREEK NATIONAL ACTION PLAN ON ASYLUM AND MIGRATION...................................14
EU-US DATA PROTECTION AGREEMENT................................................................................15
EU-US PNR AGREEMENT.............................................................................................................16
EUROPEAN TERRORIST FINANCE TRACKING SYSTEM (EU TFTS)...................................17
INTEGRATION OF THIRD COUNTRY NATIONALS.................................................................18
COOPERATION IN THE AREA OF JHA WITHIN THE EASTERN PARTNERSHIP................19
MIXED COMMITTEE......................................................................................................................20
VIS.....................................................................................................................................................20
SIS II..................................................................................................................................................20
Local border traffic in the Kaliningrad area.......................................................................................20
Smart borders.....................................................................................................................................21
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•Where declarations, conclusions or resolutions have been formally adopted by the Council, this is indicated in the heading for the item concerned and the text is placed between quotation marks.
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•Documents for which references are given in the text are available on the Council's Internet site (http://www.consilium.europa.eu).
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•Acts adopted with statements for the Council minutes which may be released to the public are indicated by an asterisk; these statements are available on the Council's Internet site or may be obtained from the Press Office.
PROVISIONAL VERSION 27 X 2011 AOB...................................................................................................................................................22
OTHER ITEMS APPROVED
JUSTICE AND HOME AFFAIRS
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-"Swedish framework decision" - Conclusions.......................................................................................................23
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-Automated data exchange - Latvia........................................................................................................................23
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-Mobility Partnership EU-Armenia - Declaration.................................................................................................24
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-60th Anniversary of the Refugee Convention - Declaration................................................................................24
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-Euroj ust report.......................................................................................................................................................24
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-Network for legislative cooperation......................................................................................................................24
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-European judicial training - Conclusions..............................................................................................................25
ECONOMIC AND FINANCIAL AFFAIRS
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-Cross-border transport of euro cash*.....................................................................................................................25
BUDGETS
Conciliation on EU budget for 2012......................................................................................................................25
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-European Data Protection Supervisor....................................................................................................................26
FOREIGN AFFAIRS
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-Restrictive measures - Burma/Myanmar...............................................................................................................26
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-Restrictive measures - Republic of Guinea...........................................................................................................26
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-International Criminal Tribunal for the former Yugoslavia..................................................................................26
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-Relations with Uzbekistan.....................................................................................................................................26
GENERAL AFFAIRS
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-Management of the European Anti-fraud Office...................................................................................................27
COMMON SECURITY AND DEFENCE POLICY
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-EU crisis management exercise 2011....................................................................................................................27
16042/11 4
PROVISIONAL VERSION 27 X 2011
TRADE POLICY
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-Control of dual-use items: new EU general export authorisations*......................................................................27
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-Adjustments to trade agreements with Australia, New Zealand and Argentina....................................................28
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-Free tr ade agreement - EU and South Korea.........................................................................................................28
ENVIRONMENT
Shipments of waste................................................................................................................................................28
PROVISIONAL VERSION
27.X.2011
PARTICIPANTS
Belgium:
Mr Stefaan DE CLERCK Mr Melchior WATHELET
Bulgaria:
Ms Margarita POPOVA Mr Boyko KOTZEV
Czech Republic:
Mr Jan KUBICE
Mr Jaroslav HRUSKA
Mr Marek ZENISEK
Denmark:
Mr Morten B0DSKOV
Germany:
Mr Ole SCHRODER Mr Max STADLER
Estonia:
Mr Kristen MICHAL Mr Ken-Marti VAHER
Ireland:
Mr Alan SHATTER
Mr Rory MONTGOMERY
Greece:
Mr Christos PAPOUTSIS Mr Ioannis IOANNIDIS
Spain:
Ms Anna TERRÓN I CUSI
Mr Justo Tomas ZAMBRANA PINEDA
France:
Mr Claude GUEANT
Mr Michel MERCIER Italy:
Ms SoniaVIALE
Mr Giacomo CALIENDO
Cyprus:
Mr Neoklis SYLIKIOTIS Mr Loukas LOUKA
Latvia:
Ms Ilze JUHANSONE Lithuania:
Mr Remigijus SIMASIUS Mr Raimundas PALAITIS
Minister for Justice
State Secretary for the Budget, attached to the Minister for the Budget, State Secretary for Policy on Migration and Asylum, attached to the Minister with responsibility for Policy on Migration and Asylum, and, for matters relating to Coordination of Policy on Migration and Asylum, attached to the Prime Minister, State Secretary for Family Policy, attached to the Minister for Employment, and, for matters relating to the law of persons and family law, attached to the Minister for Justice, and State Secretary for Federal Cultural Institutions, attached to the Prime Minister
Minister for Justice Permanent Representative
Minister for the Interior Deputy Interior Minister Deputy Minister for Justice
Minister for Justice
State Secretary, Federal Ministry of Justice Parliamentary State Secretary to the Federal Minister for Justice
Minister for Justice Minister for the Interior
Minister for Justice and Equality Permanent Representative
Minister for the Protection of the Citizen
General Secretary for Transparency and Human Rights,
Ministry of Justice, Transparency and Human Rights
State Secretary for Immigration and Emigration State Secretary for Security
Minister for the Interior, Overseas Territories, Local and
Regional Authorities and Immigration
Keeper of the Seals, Minister for Justice and Freedoms
State Secretary for the Interior State Secretary for Justice
Minister for the Interior
Minister for Justice and Public Order
Permanent Representative
Minister for Justice Minister for the Interior
PROVISIONAL VERSION
27.X.2011
Luxembourg:
Mr Francois BILTGEN
Mr Nicolas SCHMIT
Mr Jean-Marie HALSDORF
Hungary:
Mr Tibor NAVRACSICS Mr Karoly KONTRAT
Malta:
Mr Carmelo MIFSUD BONNICI
Netherlands:
Mr Fred TEEVEN
Austria:
Ms Johanna MIKL-LEITNER Ms Beatrix KARL
Poland:
Mr Jerzy MILLER
Mr Krzysztof KWIATKOWSKI
Mr Igor DZIALUK
Portugal:
Ms Paula TEIXEIRA DA CRUZ Mr Juvenal SILVA PENEDA
Romania:
Mr Traian IGAS
Mr Catalin PREDOUI
Mr Marian-Grigore TUTILESCU
Slovenia:
Mr Ales ZALAR Ms Nina GREGORI
Slovakia:
Mr Daniel LIPSIC Ms Maria KOLIKOVA
Finland:
Ms Paivi RASANEN
Ms Anna-Maja HENRIKS SON
Sweden:
Ms Beatrice ASK
Mr Tobias BILLSTRÖM
United Kingdom:
Mr Damian GREEN
Mr Kenneth CLARKE Mr Frank MULHOLLAND
Minister for Justice, Minister for the Civil Service and Administrative Reform, Minister for Higher Education and Research, Minister for Communications and the Media, Minister for Religious Affairs Minister for Labour, Employment and Immigration Minister for the Interior and the Grande Région, Minister for Defence
Minister for Public Administration and Justice Parliamentary State Secretary, Ministry of the Interior
Minister for Justice and Home Affairs
State Secretary for Security and Justice
Federal Minister for the Interior Federal Minister of Justice
Minister for the Interior and Administration Minister for Justice
Deputy State Secretary, Ministry of Justice Minister for Justice
State Secretary attached top the Minister for the Interior
Minister for Administration and Internal Affairs Minister for Justice
State Secretary, Head of the Schengen Department, Ministry of Administration and Internal Affairs
Minister for Justice
Director-General of Migration and Integration Directorate, Ministry of the Interior
Minister for the Interior
State Secretary at the Ministry of Justice
Minister for the Interior Minister for Justice
Minister for Justice Minister for Migration
Minister of State for the Home Department (Minister for Immigration)
Lord Chancellor, Secretary of State for Justice Lord Advocate for Scotland
Commission:
Ms Viviane REDEING Ms Cecilia MALMSTRÖM
Vice-President Member
PROVISIONAL VERSION
27.X.2011
ITEMS DEBATED
EU DRUGS POLICY
European pact against synthetic drugs
The Council adopted a European pact against synthetic drugs (15544/11) which complements the European Pact to combat international drug trafficking - Disrupting cocaine and heroin routes adopted in 2010 (8821/10).
The context in which this pact was adopted is that almost every week a new synthetic drug is coming on the European market. Many of them are produced inside the EU and the substances used for their production ('precursors') are legally available, creating so-called 'legal highs'.
The European pact against synthetic drugs addresses four major areas:
countering the production of synthetic drugs;
countering the trafficking in synthetic drugs and precursors;
tackling new psychoactive substances;
training for law enforcement in detecting, examining and dismantling clandestine laboratories.
The pact stresses the need to streamline the information exchange mechanisms, especially with regard to new trends in the production of synthetic drugs ('legal highs'), intensify operational and investigative cooperation with the participation of Europol and harmonize specialized training in detecting illegal drug laboratories.
The pact is also fully in line with the EU's priorities for the fight against organised crime between 2011 and 2013, as identified by the Council (11050/11) which refer to "reducing the production and distribution in the EU of synthetic drugs, including new psychoactive substances".
The implementation of the pact will be done through the EU policy cycle for organised and serious international crime.
PROVISIONAL VERSION
27.X.2011
Commission communication / Annual report 2011 by EU drugs agency
The Council exchanged views on the Commission communication "Towards a stronger European response on drugs" which was adopted on 25 October 2011 (15983/11) and on a presentation from European Monitoring Center for Drugs and Drug Addiction (EMCDDA) regarding its annual report 2011 on the state of the drug problems in Europe. This report will be made public by the drugs agency on 15 November 2011.
Using the tools offered by the Lisbon Treaty the Commission intends to update existing and to draft new EU legal instruments in anti-drugs policy, with an aim to provide a faster response to the new psychoactive substances and tackle their sale over the internet, to improve the definition of drug trafficking offences and sanctions, to deprive drug traffickers of their financial gains more efficiently (e.g. through possible confiscation and asset recovery) and to control the chemicals used to produce drugs more strictly.
International cooperation to fight against the drug problem should also be strengthened and minimum quality standards to improve the effectiveness of drug prevention, treatment and harm reduction should be further developed.
The Council took note of the presentation from European Monitoring Center for Drugs and Drug Addiction (EMCDDA) regarding its annual report 2011 on the state of the drug problems in Europe.
The report will be made public by the drugs agency on 15 November 2011.
PROVISIONAL VERSION
LOCAL BORDER TRAFFIC IN THE KALININGRAD AREA
27.X.2011
The Council adopted a general approach on a proposal to amend the EU rales on local border traffic (LBT) (13344/11). This will allow the start of contacts with the European Parliament.
The Council also adopted a joint declaration of the Council and the Commission which underlines that the solution proposed for the Kaliningrad area does not constitute a precedent for any other regions in relation to the EU local border traffic rules. Finally, the Council took note of a declaration of Poland outlining the measures Poland is taking to provide for a high level of security and transparency.
The proposed amendments aim at facilitating border crossings in the Kaliningrad area through the inclusion of the Kaliningrad area and specified and limited Polish administrative districts in the eligible border area.
The Kaliningrad region of the Russian Federation with a population of almost one million inhabitants became the only enclave within the EU as a consequence of the 2004 EU enlargement.
The original regulation was adopted in 2006 to ensure that the borders between EU member states and their non-EU neighbours do not create unnecessary barriers to trade, social and cultural interchange or regional cooperation. It allows derogating, for persons living in a border area, from the general rules on border checks set out in the Schengen Borders Code. The regulation authorises member states to conclude bilateral agreements with neighbouring non-EU countries, provided these agreements fully comply with the parameters set by the regulation.
PROVISIONAL VERSION
COMMON EUROPEAN ASYLUM SYSTEM (CEAS)
27.X.2011
The Council looked at the state-of-play of the asylum package on the basis of a presidency paper (15843/11).
The existing legislative framework in the field of asylum lays down minimum standards. The Commission, in keeping with the commitment to establish the CEAS by 2012, has submitted a series of proposals aimed at greater harmonisation of national asylum systems and higher levels of protection. These are at different stages in the legislative process:
Qualification directive: The Council welcomed the fact that the European Parliament endorsed this week the compromise text agreed in July. This will allow final adoption by the Council in the coming weeks.
Dublin II system establishing procedures for determining the member state responsible for examining an application for international protection: In September 2011, the Council supported the idea to include in the proposal the concept of an early warning and preparedness process for evaluating the practical functioning of national asylum systems, in the form of an 'asylum evaluation mechanism'. On the so-called 'emergency' or 'suspension mechanism' so far included in the Commission proposal a majority of member states maintained their rejection.
Eurodac regulation: discussion on amendments to the rules regulating this fingerprint database are on hold awaiting a proposal which would permit law enforcement access.
Asylum procedures and reception conditions directives: Revised proposals were tabled by the Commission on 1 June 2011 (11207/11 and 11214/11, respectively). Work is ongoing.
Two agreements related to the CEAS have been reached so far. They concern the long term residence directive and the creation of the European Asylum Support Office (EASO) which started operations earlier this year.
PROVISIONAL VERSION 27 X 2011
SINGLE PERMIT FOR THIRD COUNTRY NATIONALS TO RESIDE AND WORK IN THE EU
The presidency informed the Council that final agreement was reached last week between the Council and the European Parliament on the directive on the creation of a single permit for third-country nationals to reside and work in the EU. For the new rules to enter into force, both institutions will need to formally give their green light. This is expected to happen before the end of the year.
The single permit directive aims to simplify the procedures for the admission of third-country nationals to reside and work in the EU and to facilitate the control of their status. It also lays down a common set of rights for third-country nationals legally residing in a member states, based on equal treatment with nationals of that member state.
Once adopted, the directive needs to be transposed into national law within two years after its entry into force. It will be the first instrument in the field of legal immigration adopted under the rules of the Lisbon Treaty, i.e. through co-decision.
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PROVISIONAL VERSION
27.X.2011
QUALIFICATION DIRECTIVE
The presidency informed the Council about the state-of-play of the directive on the qualification as beneficiary of international protection and the content of entitlements connected to such qualification. After the European Parliament adopted the new rules this week, the only outstanding step is formal adoption by the Council. This is expected to happen before the end of the year.
The qualification directive aims to guarantee that, wherever a person applies for international protection in the EU, the protection needs are assessed according to common criteria thereby granting a minimum level of benefits. Beneficiaries of international protection can be refugees -persons who, if returned, would be subject to persecution on the grounds included in the Geneva Convention - and beneficiaries of subsidiary protection - persons who do not qualify as a refugee but who would face a real risk of suffering serious harm.
The new rules will simplify decision-making during asylum procedures and lead to more robust decisions at first instance, thus improving the efficiency of the asylum process and preventing abuse. They will also enhance effective access to rights taking into account specific integration challenges of beneficiaries of international protection and approximate rights and benefits of refugees and of beneficiaries of subsidiary protection. Finally, the amendments ensure coherence with the developing jurisprudences of the European Court of Justice (ECJ) and the European Court of Human Rights (ECtHR).
Once adopted, the directive needs to be transposed into national law within two years after its entry into force. It will be the first in a package of five legal instrument to be adopted for the creation of the Common European Asylum System (CEAS) by end 2012, a date confirmed by the European Council in June 2011 (see point 30 of EUCO 23/11). The other proposals concern the Dublin Regulation, Eurodac Regulation, Reception Conditions Directive and Asylum Procedures Directive.
The main goal of the CEAS is to bring more harmonisation of national asylum systems and higher levels of protection for applicants for international protection.
PROVISIONAL VERSION
GREEK NATIONAL ACTION PLAN ON ASYLUM AND MIGRATION
27.X.2011
The Council discussed the implementation of Greece's national action plan on asylum reform and migration management on the basis of a state of play presented by the Greek minister and the Commission. This was the fifth time that the implementation of the Greek Action plan to reform the national asylum and immigration system was on the Council's agenda.
While reporting progress, Greece and the Commission also referred to a number of challenges which the continued arrival of large numbers of illegal immigrants was placing on the Greek asylum system.
In this context, the EU border agency (Frontex) gave an overview of its operations in the area directed at fighting illegal immigration and the EU asylum support office (EASO) reported on its activities in support of the Greek authorities.
For more information, see the background note.
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PROVISIONAL VERSION
27.X.2011
EU-US DATA PROTECTION AGREEMENT
The Council took note of a presentation by the Commission on the state of play of a EU-US agreement on protection of personal data.
In December 2010, the Council adopted a negotiating mandate which allowed the Commission, as the EU negotiator, to start discussions with the US.
Once adopted, the EU-US agreement will cover personal data transferred and processed for the purpose of preventing, investigating, detecting or prosecuting criminal offences, including terrorism, in the framework of police cooperation and judicial cooperation in criminal matters.
The goal of the negotiations is to create an 'umbrella' EU-US agreement for data protection, which would establish a number of common data protection principles in the context of transatlantic police and judicial co-operation in criminal matters. Areas in which principles would be set include, among others: non-discriminatory protection of personal data; data quality and updates; purpose limitation; data minimisation, secure processing; logging or documentation; the right to access, rectification, erasure and redress as well as the right to compensation.
The agreement would not create an additional legal basis for the transfer of data, which would continue to be governed by separate treaties (and domestic law). It would however create a general legal framework for enhancing transatlantic data exchange, not only by stipulating a number of common data protection principles, but also by establishing an effective supervision mechanism.
PROVISIONAL VERSION
27.X.2011
EU-US PNR AGREEMENT
After a presentation by the Commission, the Council held an exchange of views on progress made in the negotiations between the EU and the United States of America on a EU-US Passenger Name Records (PNR) agreement.
In December 2010, the Council adopted negotiating directives for agreements on the transfer and use of passenger name records (PNR) with Australia, Canada and the United States of America. This allowed the Commission, as the EU negotiator, to start discussions with these three countries.
The goal of all three agreements is to prevent and combat terrorism and other forms of serious cross border crime. At the same time, the EU is also committed to ensuring that any transmission of PNR data to third countries is done in a secure manner, in line with existing EU legal requirements, and that passengers are able to enforce their rights in relation to the processing of their data.
PNR is the information voluntarily provided by passengers and collected by air carriers during the reservation and check-in procedures. It includes dates of travel and travel itinerary, address and phone numbers, credit card number, travel agent, seat number and baggage information.
In May 2010, the European Parliament decided to postpone its vote on the request for consent on existing PNR agreements with the US and Australia. These two agreements have therefore not been concluded yet and have been applied on a provisional basis since 2007 and 2008, respectively. In a resolution, Parliament demanded that new agreements should be negotiated with the US and Australia as well as with Canada, with which a PNR agreement has been in force since 2006.
Concerning the EU-Australia PNR agreement, the Council adopted a decision on the signing of the agreement in September 2011 (10093/11). The signing took place on 29 September 2011. The European Parliament gave its consent to the agreement on 27 October 2011. The only outstanding step for the agreement to enter into force is the conclusion of the agreement by the Council which will most likely take place before the end of the year. For more information, see this press release.
PROVISIONAL VERSION
27.X.2011
EUROPEAN TERRORIST FINANCE TRACKING SYSTEM (EU TFTS)
The Council held an orientation debate on the Commission communication "A European terrorist finance tracking system: available options" tabled in July 2011 (12957/11).
This debate took place in the light of a presidency note (14207/11) raising three main questions:
whether there is an operational need to establish a European TFTS and whether there is added value in the light of the already existing mechanism;
if yes, what are the key outstanding issues the Commission should address in its further preparatory works;
what would be the impact on and the interaction with the US TFTP under the 2010 EU-US TFTP Agreement.
After interventions by member states, the EU Counter-terrorism coordinator and Europol, the Council asked the Commission to take the comments made into account regarding further work on the file, including a possible legislative proposal on a European TFTS. Ministers also underlined the need to first conduct an impact assessment to get a comprehensive picture of the practical, financial and legal aspects of a possible future EU TFTS and its added value.
In its communication, the Commission outlines the goals of establishing an EU terrorist finance tracking system (TFTS), identifies its main functions and highlights the key principles which should be respected when designing of such a system. It then presents three different options for a possible future proposal on a EU TFTS.
The Commission highlights two main objectives of such a system: First, ensuring an effective instrument to prevent and to fight the financing of terrorism, and, second, limiting personal data flow to third countries.
The Commission communication responds to a call by the Council, at the request of the European Parliament, to study a legal and technical framework for extraction of data on EU territory. The Parliament requested such a study because it had serious qualms about the bulk transfer of personal data to a third country. The Parliament's doubts were aimed both at the transfer to a third country and the storage of personal data of innocent individuals in bulk.
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PROVISIONAL VERSION 27 X 2011
INTEGRATION OF THIRD COUNTRY NATIONALS
The Council welcomed the Commission communication on a European agenda for integration of third country nationals (13290/11) and an accompanying staff working paper describing the EU initiatives in the various policy areas supporting these integration efforts (13290/11 ADD 1) and held a first exchange of views.
The Council intends to adopt conclusions on the matter by the end of the year. For more information, see the background note.
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PROVISIONAL VERSION 27 X 2011
COOPERATION IN THE AREA OF .THA WITHIN THE EASTERN PARTNERSHIP
The Council held an orientation debate on the Commission communication concerning cooperation in the area of justice and home affairs within the Eastern Partnership (14864/11).
The Commission communication consists of two main parts: one is covering the main principles and the existing structures for cooperation as well as the aspects coordination and financial assistance; the other is focusing on the thematic priorities: migration, mobility and asylum; integrated border management; public order and security; tackling illicit drugs; and the area of justice and fundamental rights.
PROVISIONAL VERSION
27.X.2011
MIXED COMMITTEE
In the margins of the Council session, the Mixed Committee (the EU plus Norway, Iceland, Liechtenstein and Switzerland) discussed the following subjects:
VIS
The committee was informed about the launch of the Visa Information System (VIS). The system started running on 11 October 2011 in the member states consulates of the first roll-out region (North Africa). It must be used as from no later than 20 days after that date for control purposes at the external border crossing points.
During the first ten days of operations (11 October - 20 October 2011), over 40.000 visa applications were processed by the VIS.
The start of the VIS is accompanied by an information campaign run by the Commission and the European External Action Service, in cooperation with member states.
SIS II
The committee also looked at the state of play of the implementation of the Schengen Information System II (SIS II), after a presentation by the Commission. The global schedule presented by the Commission at the Council meeting in October 2010 provides for entry into operation of the SIS II by the first quarter of 2013.
Local border traffic in the Kaliningrad area
The committee prepared the agreement on a general approach concerning the proposal to amend the EU rules on local border traffic (LBT) in the Kaliningrad area (13344/11) as described in the separate item above.
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PROVISIONAL VERSION
27.X.2011
Smart borders
The committee discussed the most recent Commission communication on smart borders 1). The relevant instances of the Council are asked to further examine the communication. The Commission indicated it may submit in the first half of 2012 legislative proposals on the main elements of the communication, i.e. an EU Entry/Exit-System (EES) and an EU Registered Travellers Programme (RTP) system.
Delegations discussed mainly four issues: whether the two systems should be managed centrally or decentrally; the question of data storage; whether and at what stage the systems should include biometric data in addition to alpha-numerical data; the questions of involved costs for the set-up and running of the systems.
Regarding the EES, its implementation would provide the EU with accurate data on travel flows in and out of the Schengen area at all parts of its external borders and on 'overstayers', i.e. third country nationals that stay in the Schengen area longer than their visa permits them to do. It would also become possible to undertake evidence-based evaluation of visa liberalisation measures, visa facilitation agreements, and roadmaps for future such initiatives. In conjunction with the Visa Information System (VIS), this would make the EU's efforts to address irregular migration and increase the number of successful returns more effective. This system could use the same technical platform as the Schengen Information System (SIS II) and the Visa Information System (VIS).
The RTP is a specific regime for non-EU national 'bona fide' travellers, who could be granted 'Registered Traveller' status. This status would be obtained on a voluntary basis through pre-screening procedures at a consulate or future common visa application centres, based on common vetting criteria. Bona fide travellers as well as EU nationals with e-passports could benefit from automated border checks via automated gates that would read the biometric data contained in the travel documents or stored in a database and compare them against the biometrics of the traveller. Thus, it is expected to speed up the border crossings of 4-5 million travellers per year1. Based on the experiences of some member states, the average time for border crossings can be cut from the current 1-2 minutes to below 30 seconds.
The Council at several occasions has encouraged the establishment of such measures, e.g. in its conclusions on the management of the external borders of the member states of the EU adopted in June 2008 (9873/08), in its conclusions on the 29 measures for reinforcing the protection of the external borders and combat illegal immigration adopted in February 2010 (6435/3/10).
l
On the assumption that at least 20% out of all persons issued a multiple-entry visa - yearly around 10 million - would apply for RT status, and an equivalent number of persons not requiring a visa would apply also.
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PROVISIONAL VERSION
27.X.2011
AOB
Under other business, delegations looked at three information points: The first one concerned mobile (itinerant) criminal groups. In December 2010, the Council adopted conclusions on the fight against crimes committed by mobile (itinerant) criminal groups (15875/10). In June 2011, the problem was again addressed in the Council conclusions on setting the EU's priorities for the fight against organised crime between 2011 and 2013 (11050/11).
The second issue was the possible introduction of a Russian requirement for aircraft crews from several EU member states to hold visas when flying to the Russian territory. This issue is now expected to be resolved in the framework of negotiations on amendments to the existing EU-Russia visa facilitation agreement.
Liechtenstein referred to the pending Council decision on the full application of the Schengen acquis to the country.
PROVISIONAL VERSION
27.X.2011
OTHER ITEMS APPROVED
JUSTICE AND HOME AFFAIRS
"Swedish framework decision" - Conclusions Adoption of conclusions
The Council adopted conclusions (15277/11) regarding the implementation of Framework Decision 2006/9601 on simplifying the exchange of information and intelligence between law enforcement authorities of the member states of the European Union (the so-called "Swedish framework decision").
The aim of this legislative act is to enhance the successful detection, prevention or investigation of crime, providing a necessary response to threats posed by criminals operating across an area without internal borders.
Report
The Council endorsed the report on member states' compliance with the provisions of the "Swedish framework decision" (15278/11). The Commission was required to present this assessment to the Council before 19 December 2011.
Almost two-thirds of the member states had transposed the framework decision into their legislation by 31 December 2010, as provided for in the decision; those who have not yet met the transposition deadline indicated as the main reason that their parliamentary procedures were not yet completed.
Automated data exchange - Latvia
The Council adopted a decision on the launch of automated data exchange with regard to DNA data in Latvia (14526/11). The evaluation procedure required by Council Decision 2008/616/JHA (OJ L 210, 6.8.2008) concluded that the general provisions on data protection are fully implemented by Latvia and this country is therefore entitled to start receiving and supplying personal data as from the day of the entry into force of this decision, for the purpose of prevention and investigation of criminal offences.
l
OJL386, 29.12.2006.
PROVISIONAL VERSION
27.X.2011
Mobility Partnership EU-Armenia - Declaration
The Council took note of the joint declaration on a mobility partnership between the European Union and Armenia (14963/11 ADD 1. The mobility partnership aims to facilitate movement of persons between Armenia and the EU, whilst working to ensure better management of migration flows in the framework of the implementation of the Global Approach to Migration.
Mobility Partnerships have been signed with Cape-Verde, Moldova and Georgia to date.
See also: Commission Communication on Circular Migration and Mobility Partnerships (9776/07)
60th Anniversary of the Refugee Convention - Declaration
The Council endorsed the declaration of the European Union (15358/11) to the ministerial-level meeting of all member states of the United Nations, which will be held on 7-8 December 2011 in Geneva. The declaration marks the 60th anniversary of the 1951 Convention relating to the Status of Refugees.
Eurojust report
The Council took note of the activity report of the Joint Supervisory Body of Eurojust for the year 2010 (15603/11) and forwarded it to the European Parliament for information, as required by the Council decision setting up Eurojust \
Network for legislative cooperation
The Council adopted the report on the application of the resolution which establishes the network for legislative cooperation between the ministries of justice of the European Union (15729/11, http://leaicoop.eu). The objective of the network is to promote better understanding of the laws of other member states, thus enhancing mutual trust and promoting the application of the principle of mutual recognition
The resolution was adopted on 28 November 2008 2and requires the Council to review its application at the latest three years after its adoption.
OJL 63, 6.3.02. OJC 326, 20.12.2008.
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PROVISIONAL VERSION
27.X.2011
European judicial training - Conclusions
The Council adopted conclusions on the European judicial training (15690/11), on the basis of the recent Commission communication "A new dimension to European judicial training" (14196/11).
Judicial training on cross-border and European issues is crucial, as it enhances mutual confidence between member states, practitioners and citizens. The Eu has set itself the goal to enable half of the legal practitioners in the EU to participate in European judicial training activities by 2020.
ECONOMIC AND FINANCIAL AFFAIRS
Cross-border transport of euro cash*
The Council adopted a regulation aimed at facilitating the professional cross-border transport of euro cash by road between the member states of the euro zone, following a first-reading agreement with the European Parliament (18/11 + 15366/11 ADD 1).
The new regulation provides for conditions designed to guarantee the security of the transaction, the safety of the cash-in-transit (CIT) security staff involved and of the public and the free movement of euro cash. This includes the obligation for companies wishing to make cross-border transport of euro cash by road to apply for a cross-border cash-in-transit (CIT) licence from the granting authority in their member states of origin.
BUDGETS
Conciliation on EU budget for 2012
The Council confirmed that it was not able to accept all amendments by the European Parliament concerning the 2012 EU budget. This means that on 1 November a three-week conciliation period will start, aimed at bridging the gap between the divergent European Parliament and Council positions.
For details see 16017/11.
PROVISIONAL VERSION
27.X.2011
European Data Protection Supervisor
The Council approved the European Parliament's amendment rejecting the modification of the establishment plan of the European Data Protection Supervisor in 2011, which had been proposed by the Commission in draft amending budget 5 for 2011.1
FOREIGN AFFAIRS
Restrictive measures - Burma/Myanmar
The Council modified regulation 2008/194 concerning restrictive measures in respect of Burma/Myanmar. The changes implement political decisions taken at the Foreign Affairs Council on 12 April 2011. For information see press release 8741/11.
Restrictive measures - Republic of Guinea
The Council extended the restrictive measures against the Republic of Guinea until 27 October 2012.
International Criminal Tribunal for the former Yugoslavia
The Council repealed the restrictive measures (decisions 2010/603/CFSP and 2010/145/CFSP) intended to support the effective implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia (ICTY). Since the last ICTY indictee at large, Mr Goran Hadzic, was transferred to the custody of the ICTY on 22 July 2011, the Council repealed the measures.
Relations with Uzbekistan
The Council adopted the position of the European Union for the 10th meeting of the EU-Uzbekistan Cooperation Council, to be held in Brussels on 14 November 2011.
The UK delegation voted against. 16042/11
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PROVISIONAL VERSION
27.X.2011
GENERAL AFFAIRS
Management of the European Anti-fraud Office
The Council adopted conclusions on the Court of Auditors' special report No 2/2011 "Follow-up of special report No 1/2005 concerning the management of the European Anti-fraud Office" (OLAF), set out in 15274/11. The conclusions welcome the measures taken by OLAF to improve the efficiency of its operations, but regret that their average duration remained too long. This is the result of limited progress in improving the planning and the supervision of investigations. The conclusions call on OLAF to step up efforts in order to improve its planning and optimise the use of its resources and tools.
COMMON SECURITY AND DEFENCE POLICY EU crisis management exercise 2011
The Council approved a new date for the EU crisis management exercise 2011, which is now scheduled from 18 November to 6 December 2011.
TRADE POLICY
Control of dual-use items: new EU general export authorisations*
The Council adopted a regulation establishing new general export authorisations under the EU's regime for the control of exports of dual-use items (38/11 and 15364/11 ADD1).
The new regulation amends and supplements regulation 428/2009 setting up an EU regime for the control of exports, transfer, brokering and transit of dual-use items, which requires dual-use items to be controlled when they are exported from or transitted through the EU1. These controls are designed in particular to prevent the proliferation of weapons of mass destruction. They meet the objectives set by the United Nations Security Council resolution 1540(2004).
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Official Journal L 134, 29.5.2009, p. 1.
Dual-use items are civil items which can be used for military purposes, including software and technology.
PROVISIONAL VERSION
27.X.2011
The new rules seek to achieve uniform and consistent application of controls throughout the Union in order to ensure a level playing field for EU exporters. They harmonise the scope of general export authorisations and the conditions of their use and to ensure efficiency of security controls.
The adoption of the regulation follows a first-reading agreement with the European Parliament, which voted on 27 September 2011 (14777/11).
Adjustments to trade agreements with Australia, New Zealand and Argentina
The Council adopted three decisions concluding agreements between the EU on the one hand and Australia, New Zealand and Argentina on the other relating to the modification of trade concessions in the schedules of Bulgaria and Romania following their accession to the European Union (6603/11 + 6536/11 + 6609/11).
Free trade agreement - EU and South Korea
The Council adopted the EU position to be taken within the trade committee set up by the free trade agreement between the European Union and South Korea on the rules of procedure of this committee and the establishment of a list of 15 individuals to serve as arbitrators (14893/11).
ENVIRONMENT
Shipments of waste
The Council decided not to oppose the adoption of a Commission regulation amending Council regulation 1013/2006 1 on shipments of waste to include certain unclassified wastes in Annex IIIB thereto (14391/11).
Regulation 1013/2006 establishes procedures and control regimes for the shipment of waste, depending on the origin, destination and route of the shipment, the type of waste shipped and the type of treatment to be applied to the waste at its destination.
The Commission regulation is subject to the so called regulatory procedure with scrutiny. This means that now that the Council has given its consent, the Commission may adopt the regulation, unless the European Parliament objects.
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OJL 190, 12.7.2006.