Conclusies Raad Justitie en Binnenlandse Zaken van 7 juni 2012

Met dank overgenomen van Raad van de Europese Unie (Raad) i, gepubliceerd op donderdag 7 juni 2012.

COUNCIL OF THE EUROPEAN UNION

PROVISIONAL VERSION

PRESSE 241 PR CO 34

PRESS RELEASE

3172nd Council meeting Justice and Home Affairs

Brussels, 7 June 2012

President Morten B0dskov

Minister for Justice of Denmark

PROVISIONAL VERSION

CONTTS1

7.VI.2012

PARTICIPANTS................................................................................................................................5

ITEMS DEBATED

Schengen governance - legislative proposals.......................................................................................8

Common European Asylum System (CEAS)....................................................................................11

Common framework for genuine and practical solidarity.................................................................13

Readmission agreements....................................................................................................................13

EU Counter-terrorism strategy - discussion paper.............................................................................14

Europol Information System (EIS) - Council conclusions................................................................14

Global alliance against child sexual abuse online - Council conclusions..........................................15

AOB...................................................................................................................................................15

Mixed Committee..............................................................................................................................17

Schengen governance - the situation in the Schengen area...............................................................17

Schengen governance - legislative proposals.....................................................................................18

SIS II..................................................................................................................................................18

AOB...................................................................................................................................................19

  • • 
    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
  • • 
    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 7.VI.2012 OTHER ITEMS APPROVED

JUSTICE AND HOME AFFAIRS

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    Succession *..........................................................................................................................................................20
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    Eurojust annual report...........................................................................................................................................20
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    Vice-President of Eurojust....................................................................................................................................20
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    e-Justice.................................................................................................................................................................21
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    EU drugs strategy..................................................................................................................................................21
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    European Cybercrime Centre................................................................................................................................21
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    Mutual assistance in criminal matters....................................................................................................................22
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    Exchange of law enforcement information............................................................................................................22
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    Automated data exchange with Estonia.................................................................................................................22

DEVELOPMT COOPERATION

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    Accession of South Sudan to the Cotonou Agreement..........................................................................................23
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    EU-ACP Council of ministers...............................................................................................................................23
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    Food aid convention..............................................................................................................................................23

TRANSPORT

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    Double-hull requirements for oil tankers...............................................................................................................23

EMPLOYMT

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    Mobilisation of the European Globalisation Adjustment Fund for Spain..............................................................24

EUROPEAN ECONOMIC AREA

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    Amendment to annex XXI (statistics) to the EEA agreement...............................................................................24
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    Amendment to Protocol 31 to the EEA agreement................................................................................................24
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    Amendments to Protocols 31 and 37 to the EEA agreement.................................................................................24

VIRONMT

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    Waste electrical and electronic equipment *.........................................................................................................25

APPOINTMTS

Economic and Social Committee..........................................................................................................................25

PROVISIONAL VERSION

PARTICIPANTS

Belgium:

Ms Joëlle MILQUET

Ms Maggie DE BLOCK

Mme Annemie TURTELBOOM

Bulgaria:

Mr Tsvetan TSVETANOV Ms Diana KOVATCHEVA

Czech Republic:

Mr Jan KUBICE Mr Jin POSPISIL

Denmark:

Mr Morten B0DSKOV

Ms Anne Kristine AXELSSON

Germany:

Mr Hans-Peter FRIEDRICH

Ms Sabine LEUTHEUSSER-SCHNARRBERGER Estonia:

Mr Ken-Marti VAHER Ms Kristen MICHAL

Ireland:

Mr Alan SHATTER Greece:

Mr Christos GERARIS

Mr Ioannis IOANNIDIS

Mr Théodoros SOTIROPOULOS

Spain:

Mr Alberto RUIZ-GALLARDÓN Mr Ignacio ULLOA RUBIO

France:

Mr Manuel VALLS

Ms Christiane TAUBIRA

Italy:

Ms Paola SEVERINO DI BEDETTO Mr Carlo DE STEFANO

Cyprus:

Ms Eleni MAVROU Mr Loukas LOUCA

Latvia:

MrRihards KOZLOVSKIS Ms Ilze JUHANSONE

Lithuania:

Mr Remigijus SIMASIUS Mr Evaldas GUSTAS

7.VI.2012

Minister for the Interior

State Secretary for Migration and Asylum

Minister for Justice

Minister for the Interior Minister for Justice

Minister for the Interior Minister for Justice

Minister for Justice

Permanent Secretary, Ministry of Justice

Federal Minister for the Interior Federal Minister for Justice

Minister for the Interior Minister for Justice

Minister for Justice

Minister for the Protection of the Citizen State Secretary for Justice Permanent Representative

Minister for Justice

State Secretary for Security

Minister for the Interior Minister for Justice

Minister for Justice

State Secretary for the Interior

Minister for the Interior

Minister for Justice and Public Order

Minister for the Interior Permanent Representative

Minister for Justice

Chancellor to the Ministry of the Interior

PROVISIONAL VERSION

7.VI.2012

Luxembourg:

Mr Jean-Marie HALSDORF Mr Francois BILTG Mr Nicolas SCHMIT

Hungary:

Mr Karoly KONTRAT Mr Tibor NAVRACSICS

Malta:

Mr Chris SAID

Netherlands:

Mr Gerd LEERS Mr Fred TEEV Mr Pieter de GOOIJER

Austria:

Ms Johanna MIKL-LEITNER Mr Walter GRAHAMMER

Poland:

Mr Piotr STACHANCZYK Mr Michal KRÓLIKOWSKI

Portugal:

Mr Juvenal SILVA PEDA Mr Fernando SANTO

Romania:

Mr Marian-Grigore TUTILESCU Mr Titus CORLATEAN

Slovenia:

Mr Robert MAROLT Mr Helmut HARTMAN

Slovakia:

Mr Jozef BUCEK

Ms Monika JANKOVSKA

Finland:

Ms Paivi RASAN Mr Jan STORE

Sweden:

Ms Beatrice ASK

Mr Tobias BILLSTRÖM

Mr Magnus G. GRANER

United Kingdom:

Mr Kenneth CLARKE Ms Theresa MAY

Minister for the Interior Minister for Justice

Minister for Labour. Employment and Immigration

Parliamentary State Secretary, Ministry of the Interior Minister for Public Administration and Justice

Minister for Justice, Dialogue and the Family

Minister for Immigration, Integration and Asylum State Secretary for Security and Justice Permanent Representative

Federal Minister for the Interior Permanent Representative

State Secretary, Ministry of the Interior Deputy State Secretary, Ministry of Justice

State Secretary, Ministry for the Interior State Secretary, Ministry of Justice

State Secretary, Ministry of Internal Affairs Minister for Justice

State Secretary, Ministry of the Interior State Secretary, Ministry of Justice

State Secretary, Ministry of Interior State Secretary, Minnistry of Justice

Minister for the Interior Permanent Representative

Minister for Justice

Minister for Migration

State Secretary, Ministry of Justice

Lord Chancellor, Secretary of State for Justice Secretary of State for the Home Department

PROVISIONAL VERSION

7.VI.2012

Commission:

Ms Viviane REDING Vice President

Ms Cecilia MALMSTRÖM Member

The Government of the Acceding State was represented as follows:

Croatia:

Mr Vladimir DROBNJAK Permanent Representative

PROVISIONAL VERSION

7.VI.2012

ITEMS DEBATED

Schengen governance - legislative proposals

The Council reached a general approach on both Schengen related legislative proposals that are currently under discussion:

(a) Schengen evaluation mechanism

Regarding the revision of the Schengen evaluation mechanism tabled in September 2011 by the Commission, the Council unanimously decided to change the legal basis of the proposal from Article 77(2)(e) to Article 70 TFEU {/12). The Council also decided to consult the European Parliament on a voluntary basis to ensure that the opinion of the Parliament will, to the fullest extent possible, be taken into consideration by the Council in all its aspects before the adoption by the Council of the final text

Concerning the substance of the text on the table (/12), the following main provisions should be mentioned:

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    Purpose and scope: As under the current system, the rules do not only apply to verify the correct application of the Schengen acquis by those countries already part of the Schengen area, but also to verify that countries that want to join the Schengen area meet all the conditions to start applying the Schengen acquis
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    Responsibilities: In contrast to the current system which relies on an inter-governmental system of peer review where the Commission participates only as an observer as well as in contrast to the original Commission proposal of a Union-led approach with on-site visits carried out by Commission led teams, the compromise text states that the member states and the Commission shall be jointly responsible for the implementation of the evaluation and monitoring mechanism. Each evaluation team will have two leading experts, one from a member states and one from the Commission
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    Evaluations: The evaluations cover all aspects of the Schengen acquis, including the absence of border controls at internal borders which is currently not covered. The new text also adds that the functioning of the authorities that apply the relevant parts of the Schengen acquis should be taken into account

PROVISIONAL VERSION

7.VI.2012

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    Multiannual and annual programmes: The Commission will be responsible for establishing a multiannual and annual evaluation programmes which will include announced and unannounced on-site visits. The annual evaluation programmes will take into account recommendations made in annual risk analysis written by the European border management agency (Frontex). Announced on-sites visits to a member states will be preceded by a questionnaire
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    Evaluation reports: Evaluation teams will seek a compromise on the final reports which will, as is currently the case, include deficiencies and recommendations for remedial action. The Council will adopt the evaluation reports as submitted by the Commission
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    Follow-up: The member state concerned will be required to submit an action plan to remedy any deficiencies. The Commission will continuously monitor and report on the action plan to the Council until the action plan is fully implemented. This monitoring and reporting may include announced or unannounced revisits
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    Serious deficiencies: If an on-site visit reveals a serious deficiency deemed to constitute a serious threat to public policy or internal security within the area without internal border controls, the Commission, on its own initiative or at the request of a member state, shall inform the Council and the European Parliament as soon as possible
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    Yearly summary report: The Commission will present a yearly summary report to the Council and the European Parliament on the evaluations carried out

(b) Schengen Borders Code

The Schengen Borders Code established by Regulation (EC) No lays down, on the one hand, the rules on border control at the external borders and, on the other hand, provides for the abolition of border control at internal borders and the possibility for its reintroduction in limited cases. The amendments tabled by the Commission in September 2011 change this last part of the Schengen Borders Code, i.e. the provisions on the reintroduction of controls at internal borders

The Council agreed on a compromise text (/12) which will now be the basis for negotiations with the European Parliament

The text provides for the possibility to reintroduce controls at internal borders in three cases - two under the heading "Serious threat to public policy or internal security", one linked to the Schengen evaluation mechanism under the heading "Specific measures in case of serious deficiencies related to the external border controls":

PROVISIONAL VERSION

7.VI.2012

  • i) 
    Serious threat to public policy or internal security:
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    As under the current rules, a member state will be able to unilaterally decide to temporarily reintroduce border controls at internal borders in exceptional circumstances, namely where 'there is a serious threat to public policy or internal security'

First case: Foreseeable events

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    If the threats motivating the re-introduction are foreseeable (e.g. major sporting events, political demonstrations, or high-profile political meetings), the reintroduction of border controls will be limited to 30 days with the possibility to prolong the period for renewable periods of 30 days not exceeding six months in total. The member state in question must notify the other member states and the Commission at the latest four weeks before the planned reintroduction. Shorter periods are possible in specific circumstances
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    The member state will need to provide all relevant information about the scope and duration of the re-introduction, and the reasons for doing so. The Commission can issue an opinion on the notification, which can result in consultations between member states and the Commission

Second case: Urgent cases

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    In urgent cases (e.g. terrorist attack), the re-introduction may be effected immediately. In these cases, the reintroduction of border controls will be limited to 10 days with the possibility to prolong the period for renewable periods of 20 days not exceeding two months in total
  • ii) 
    Specific measures in case of serious deficiencies related to the external border controls Third case: Persisting serious deficiencies at external borders
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    Where an evaluation report under the Schengen evaluation mechanism (see a) identifies serious deficiencies in a member state in carrying out external border controls, the Commission may recommend to the member state concerned the deployment of European Border Guard teams in accordance with the Frontex regulation and/or the submission of its strategic plans to remedy the situation

PROVISIONAL VERSION

7.VI.2012

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    Where an evaluation report under the Schengen evaluation mechanism (see a) concludes that a member state was seriously neglecting its obligations putting the overall functioning of the area without internal border controls at risk, and where the Commission finds that after three months this situation persists, the Council may on the basis of a Commission proposal recommend for one or more specific member states to reintroduce border controls at all or specific parts of the internal borders. As under the first and the second cases described above, the serious deficiency related to external border controls have to constitute a serious threat to public policy or internal security. The reintroduction of border controls in this case will be limited to six months with the possibility to prolong the period for renewable periods of six months not exceeding two years in total
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    Such a recommendation can only be adopted as a last resort, and the Council has to take into consideration a number of things, including: whether the reintroduction of border controls is likely to adequately remedy the threat to public policy or internal security; whether the measure is proportionate; whether there are additional technical or financial support measures, including through Frontex, EASO, Europol etc., that could remedy the situation

Common European Asylum System (CEAS)

The Council took note of the state-of-play of negotiations on the various outstanding legislative proposals concerning the Common European Asylum System (CEAS), on the basis of a presidency paper (). The Commission presented its new proposal on the revised Eurodac regulation (), tabled one week ago

The situation on the four outstanding files can be described as follows:

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    On the reception conditions directives, negotiations between the Council and the European Parliament are ongoing. It is the goal of the presidency to find a political agreement by the end of June. A revised proposal was tabled by the Commission on 1 June 2011 ().
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    Negotiations between the Council and the European Parliament are also expected to be finalised by the end of June on the Dublin regulation, which establishes the procedures for determining the member state responsible for examining an application for international protection. The Council has introduced a mechanism for early warning, preparedness and crisis management. This mechanism is aimed at evaluating the practical functioning of national asylum systems, assisting member states in need and preventing asylum crises. The mechanism would concentrate on adopting measures to prevent asylum crises from developing rather than addressing the consequences of such crises once they had occurred

PROVISIONAL VERSION

7.VI.2012

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    As a complement to the mechanism for early warning, preparedness and crisis management in the amended Dublin regulation, the Council adopted in March 2012 conclusions on a common framework for genuine and practical solidarity towards member states facing particular pressures on their asylum systems, including through mixed migration flows. These conclusions are intended to constitute a toolbox for EU-wide solidarity towards those member states most affected by such pressures and/or encountering problems in their asylum systems
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    On the asylum procedures directives, the presidency has received the mandate to start negotiations with the European Parliament as soon as possible. A revised proposal of the directive was tabled by the Commission on 1 June 2011 ().
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    Regarding the Eurodac regulation, the Commission tabled last week its new proposal for a revised Eurodac regulation () which allows law enforcement authorities to access this central EU-wide fingerprint database, subject to strict conditions on data protection, for the purposes of fighting terrorism and organised crime. After examination in the Council preparatory bodies, negotiations with the European Parliament should start as soon as possible

Four other agreements and decisions related to the CEAS have already been adopted. They concern:

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    The qualification directive providing for better, clearer and more harmonised standards for identifying persons in need of international protection which was adopted in November 2011 and entered into force in January 2012
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    The long term residence directive adopted in April 2011
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    The creation of the European Asylum Support Office (EASO) which started operations in spring 2011
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    The decision taken in March 2012 establishing common EU resettlement priorities for 2013 as well as new rules on EU funding for resettlement activities carried out by member states

As regards the overall context, it should be remembered that the European Council confirmed in its conclusions in June 2011 that negotiations on the various elements of the CEAS should be concluded by 2012 (EUCO 23/11).

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PROVISIONAL VERSION

Common framework for genuine and practical solidarity

7.VI.2012

On the basis of a presidency note (), the Council held a political discussions on the implementation of the common framework for genuine and practical solidarity towards member states facing particular pressures due to mixed migration flows, as established by the respective Council conclusions in March 2012

After a presentation by the European Asylum Support Office (EASO) on asylum application trends in the EU, particular attention was given to the ongoing support to and the situation in Greece in the areas of borders, asylum and migration management. The Commission and Greece reported on main developments regarding the implementation of the Greek national action plan on asylum and migration

The above mentioned presidency note takes stock of the actions taken since March 2012. It does not contain an exhaustive list of all EU solidarity measures nor does it cover bilateral activities carried out by member states

The March 2012 Council conclusions constitute a toolbox for EU-wide solidarity towards those member states most affected by such pressures and/or encountering problems in their asylum systems. They address, among other things, the issues of solidarity through responsibility and mutual trust, solidarity through preventive cooperation, solidarity in emergency situations, solidarity through strengthened cooperation between EASO and FRONTEX, financial solidarity, solidarity through relocation and solidarity through strengthened cooperation with key countries of transit, origin and first countries of asylum. The conclusions also aimed to complement and help the implementation of the envisioned mechanism for early warning, preparedness and crisis management in the amended Dublin regulation (see separate item on Common European Asylum System (CEAS))

Readmission agreements

The Council took note of the state of play of readmission agreements between the EU and third countries, with a particular focus on Turkey, Pakistan and Morocco

On Turkey, the Danish presidency intends to adopt in June Council conclusions on developing cooperation with Turkey in the area of justice and home affairs. It is expected that these conclusions will create favourable conditions to initial and sign the text of the EU-Turkey readmission agreement which both sides agreed upon in February 2011. The Council also adopted conclusions on the matter after the agreement was reached

PROVISIONAL VERSION

7.VI.2012

The negotiations on an EU-Morocco readmission agreement came to a halt in May 2010. In June 2011, the Commission launched a dialogue with the Moroccan authorities on migration, mobility and security which also gave new impetus to the negotiations on a readmission agreement

The EU-Pakistan readmission agreement entered into force in December 2010

Since 2000, the Council has adopted 19 negotiating directives on the conclusion of readmission agreements with third countries, 13 of which have already entered into force.1 Negotiations have been completed with one country2 and are ongoing with two others.3

In June 2011, the Council adopted conclusions defining the EU strategy on readmission

EU Counter-terrorism strategy - discussion paper

The EU Counter-terrorism coordinator presented his most recent discussion paper to the Council ().

The paper focuses on the practical measures that could be taken to address the currently most worrying terrorism phenomena: "lone actor" terrorists and the emergence of "safe havens" outside the EU. The EU Counter-terrorism coordinator makes a number of recommendations on the role of EU agencies, on preventing and countering radicalisation, on counter-terrorism and human rights, on link between security and development and on the work to be done specifically in Africa

Europol Information System (EIS) - Council conclusions

The Council adopted conclusions on an increased and more effective use of the Europol Information System (EIS) in the fight against cross-border crime

These conclusions are a follow up to the discussion of the JHA Council meeting of December 2011 about the fight against itinerant crime and the role of Europol and the Europol Information System

In December 2010, the Council adopted conclusions on the fight against crimes committed by mobile (itinerant) criminal groups

Albania, Bosnia and Herzegovina, Former Yugoslav Republic of Macedonia (FYROM), Georgia, the Republic of Moldova, Montenegro, Russia, Serbia, Ukraine, Pakistan, Hong-Kong, Macao and Sri Lanka

2 Turkey

3 Cape Verde and Morocco

PROVISIONAL VERSION

Global alliance against child sexual abuse online -

Council conclusions

7.VI.2012

The Council adopted conclusions on a Global Alliance against Child Sexual Abuse Online as proposed by the Commission

The aim of the proposed Global Alliance is to seek commitments from countries around the world to take active part in the fight against child sexual abuse online. The commitments should be linked to a set of global, overarching political targets to be achieved by means of specifically described actions. As a next step, the Global Alliance is expected to be endorsed at the EU-US Ministerial Meeting on 20-21 June 2012

AOB

Under other business, the Cypriot ministers informed the Council about the priorities in the area of justice and home affairs for the forthcoming Cypriot EU Presidency

In the area of home affairs, these priorities include: the completion of the development of the Common European Asylum System (CEAS) by the end of 2012; improving response capacities to effectively and rapidly face disasters and crises; continuing the intense negotiations on the JHA financial instruments; the legal migration package and in particular the seasonal workers and the ICTs directives; the strategic approach to EU action on migratory pressures; the modernisation of the EU's border regime; and the implementation of the renewed Global Approach to Migration and Mobility

In the area of justice affairs, these priorities include: promoting the new legal framework on data protection; progress on the proposal regarding the freezing and confiscation of the proceeds of criminal offences; preventing market abuse through effective criminal sanctions; and continuing negotiations on European Protection Order (EPO) regulation, which can be an important tool for the protection of creditors

PROVISIONAL VERSION

7.VI.2012

The Council was also informed about the state of play of a number of legislative proposal:

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    two are related to legal migration, namely the draft directives on conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer and for the purposes of seasonal employment. Regarding the proposed rules for intra-corporate transfers, general agreement has been reached among member states. As a consequence, negotiations with the European Parliament can start. The main issue is that the Council wants to give intracorporate transferees the same workers' rights as those enjoyed by posted workers and the European Parliament wants to give them the same workers rights as enjoyed by nationals in EU member states

Regarding the proposed rules for seasonal workers, good progress has been made. However, there are still a number of issues that require more work in Council, namely the question whether stays shorter than three months should be covered or not;

  • - 
    the other three are related to criminal justice dossiers, namely the draft directive establishing minimum standards on the rights, support and protection of victims of crime, the draft directive on attacks against information systems and the draft directive on the European Investigation Order in criminal matters (EIO)

Ireland informed about certain issues related to the confiscation of the proceeds of crime, Slovenia about the Brdo Process ministerial conference which was held on 18 May 2012, and the Czech Republic about the Salzburg Forum ministerial conference which was held on 24-25 May 2012

PROVISIONAL VERSION

7.VI.2012

Mixed Committee

In the margin of the Council meeting, the Mixed Committee (the EU plus Norway, Iceland, Liechtenstein and Switzerland) discussed the following items:

Schengen governance - the situation in the Schengen area

The committee held a political debate on the situation in the Schengen area on the basis of a presidency note () and the first bi-annual Commission report on the functioning of the Schengen area ().

The discussion focused on two issues:

secondary movements within the Schengen area of three groups of 3rd country nationals: a) migrants who have entered illegally; b) migrants who have entered legally but are no longer entitled to stay in the Schengen area legally (overstayers); and c) asylum seekers. The presidency suggested to look at the reasons for these movements, including for example an insufficient handling of situations at hot spots both within the EU and in neighbouring countries (see also points 2.1 and 2.2 of the Commission report)

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    visa policy and readmission: lessons to be learned from experience gained so far, e.g. in relation to visa liberalisation for the Western Balkan countries and the approach to follow in the future both when monitoring the situation post-visa liberalisation and when considering the possibility of visa liberalisation in relation to relevant third countries (see also point 4.3 of the Commission report)

On the first issue, member states agreed that on migration flows from third countries, but also on secondary movements within the EU, there should be better and quicker statistical information available. Some member states also highlighted the importance of creating an EU entry-exit system to better monitor legal and illegal migration. This would also be a valuable tool in the fight against illegal trafficking of arms or drugs, trafficking in human beings and other cross-border crime

On the second issue, many member states highlighted the importance of the planned suspension mechanism, as a last resort, in the regulation on visa liberalisation with third countries (Reg. ) as well as the importance to continue monitoring post-visa liberalisation effects, including possible increases in unfounded asylum applications. The effective application of existing readmission agreements was also underlined

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PROVISIONAL VERSION

7.VI.2012

The JHA Council on 8 March 2012 adopted conclusions regarding guidelines for the strengthening of political governance in the Schengen cooperation. In the conclusions the Council agreed to have discussions at ministerial level on that matter once during each presidency, and welcomed the intention of the Commission to present regular reports on the issue in that regard. The Commission transmitted its first biannual report in May 2012

Schengen governance - legislative proposals

The committee looked at the two legislative proposals regarding a regulation on the establishment of an evaluation and monitoring mechanism to verify the application of the Schengen acquis () and an amendment to the Schengen Borders Code as regards the rules for the temporary reintroduction of border controls at internal borders in exceptional circumstances (). The Commission tabled these legislative proposals in September 2011 in response to the European Council conclusions of 23-24 June 2011 (EUC).

After the discussion in the mixed committee, the Council adopted a general approach on both dossiers. See also separate item above

SIS II

The committee looked at the latest developments on the implementation of the Schengen Information System II (SIS II). The Commission reported that the milestone II tests were successfully carried out. A full report will be made available to member states in the coming days. Member states' experts will then discuss the report in view of an endorsement by the Council. Successful milestone II tests are a prerequisite for the SIS II coming into operation which is planned for the first quarter of 2013

The Schengen Information System (SIS) is a database shared by participating countries' border and migration authorities, and law enforcement authorities and contains information on persons and on lost and stolen objects. Specific stringent data protection rules apply to the SIS. It is a compensatory measure for the opening of the internal borders under the Schengen agreement, but it is also seen as a vital security factor in the EU. The European Commission is currently developing a second generation of the SIS, commonly known as SIS II

PROVISIONAL VERSION

7.VI.2012

AOB

The presidency informed about the state of play regarding three current legislative proposals:

  • - 
    the draft Regulation amending Regulation listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement. The Danish presidency aims to reach a political agreement with the European Parliament by the end of June;
  • - 
    the Schengen Borders Code (see separate item); and
  • - 
    the home affairs parts of the Multiannual Framework 2014-2020

The Commission invited member states to ensure follow-up regarding point 10 of the Foreign Affairs Council (FAC) conclusions on Belarus of 23 March 2012. This point refers in particular to the use of the flexibilities in the Visa Code with a view to waiving and reducing visa fees for certain categories of Belarusian citizens or in individual cases

The Maltese delegation informed the committee about the current situation at its external borders with regard to increasing illegal migration flows

Norway informed the committee about its local border traffic agreement with Russia

PROVISIONAL VERSION

7.VI.2012

OTHER ITEMS APPROVED JUSTICE AND HOME AFFAIRS Succession *

The Council adopted a regulation on jurisdiction, applicable law, recognition and enforcement of decisions and authentic instruments in matters of succession and the creation of a European Certificate of Succession (14/12 + REV 1 ADD 1).

For more details see the press release . Eurojust annual report

The Council adopted conclusions on the 2011 report by Eurojust, the EU agency for cooperation in judicial matters, as set out in .

The Council noted with appreciation that most of the objectives to be achieved in 2011 and as set out in the Annual Report for 2010 have been successfully attained or are in progress to be accomplished

Vice-President of Eurojust

The Council approved the election of Mr. Carlos ZEY, National member for Luxembourg as Vice-President of Eurojust

On 29 May the National Members of the College of Eurojust elected Mr. Carlos ZEY as Vice-President of Eurojust. The elections were due to end the mandate of Ms Michèle CONINSX, National Member for Belgium, as Vice-President after having been elected President of Eurojust with effect from 1 May 2012 as approved by the Council on 26 April 2012. Mr Raivo SEPP, National Member for Estonia, continues as Vice-President of Eurojust

According to Article 28 of the Council Decision setting up Eurojust \ the College of Eurojust shall elect a President from among the national members and may elect at most two Vice-Presidents. The result of the election shall be submitted to the Council for approval

1 OJL 63, 6.3.2002.

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PROVISIONAL VERSION

7.VI.2012

e-Justice

The Council took note of the report of the Working Party on e-Law (e-Justice) () on progress made this semester in the area of European e-Justice. The work was carried out on the basis of the revised roadmap endorsed by the JHA Council in June 2011 () and in accordance with the European e-Justice action plan \

The Council also endorsed the amendment of the Guide on Videoconferencing in cross-border proceedings () and the revised note on translation/transliteration of names of places/persons ().

EU drugs strategy

The Council adopted conclusions on the new EU drugs strategy (), which is the political framework in the field of drugs for 2013-2020 setting out the longer-term strategic development of the EU drugs policy

The new strategy shall establish clearly defined objectives and focus on five thematic areas: coordination; demand reduction; supply reduction; international co-operation and research, information and evaluation

European Cybercrime Centre

The Council adopted conclusions on the establishment of a European Cybercrime Centre (), in response to the Commission's communication "Tackling Crime in our Digital Age: Establishing a European Cybercrime Centre" ().

The Council endorsed the setting up of such a centre, which will be the focal point in the fight against cybercrime in the Union, contributing to faster reactions in the event of cyber attacks. It will support member states and European Union's institutions in building operational and analytical capacity for investigations and cooperation with international partners

The European Cybercrime Centre will be part of the existing Europol structure to facilitate cross-working with other crime areas

1 OJC75 31.3.2009.

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PROVISIONAL VERSION

7.VI.2012

Mutual assistance in criminal matters

The Council adopted a decision on the conclusion of the Agreement between the European Union and the Republic of Iceland and the Kingdom of Norway on the application of certain provisions of the Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the member states of the EU and the 2001 Protocol thereto ()

The United Kingdom and Ireland took part in the adoption of this decision. Denmark did not take part and is not bound by it or subject to its application

Exchange of law enforcement information

The Council adopted conclusions on further enhancing efficient cross-border exchange of law enforcement information. The conclusions call for the full implementation of all existing legal instruments for the exchange of law enforcement information, in particular the Swedish Framework Decision 1 and the "Pram Decisions" 2. In particular, they also invite member states to further enhance the use of EUROPOL as channel for exchanging information and to make better use of the capabilities of EUROJUST

Automated data exchange with Estonia

The Council adopted a decision on the launch of automated data exchange with regard to DNA data in Estonia (). The evaluation procedure required by Council Decision /JHA 3 concluded that the general provisions on data protection are fully implemented by Estonia and this country is therefore entitled to start receiving and supplying personal data for the purpose of prevention and investigation of criminal offences, as from the day of the entry into force of this decision,

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Decision /JHA on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States. Decision /JHA. OJL 210, 6.8.2008

PROVISIONAL VERSION

7.VI.2012

DEVELOPMT COOPERATION

Accession of South Sudan to the Cotonou Agreement

The Council adopted the EU position for the next ACP-EU Council of Ministers: The EU is to accept South Sudan's requests for accession to the ACP-EU Partnership Agreement and for observer status under that agreement until 20 November ().

EU-ACP Council of ministers

The Council confirmed the provisional agenda for the 37th session of the ACP-EU Council of ministers, which will take place in Port Vila, Vanuatu on 14 and 15 June 2012. It also approved guidance for the EU statements at that session

Food aid convention

The Council approved the EU position within the Food Aid Committee on the extension of the Food Aid Convention. It authorised the Commission to oppose an extension of the Food Aid Convention, given that the new Food Assistance Convention will enter into force on 1 January 2013 ().

TRANSPORT

Double-hull requirements for oil tankers

The Council adopted, on the basis of a text agreed with the European Parliament in first reading, a recast of the 2002 regulation on the phasing-in of double-hull requirements for single-hull oil tankers (18/12). Besides merging the past amendments to the regulation into one text, the recast modifies the procedure for updating references in the regulation to the relevant rules adopted within the International Maritime Organisation (IMO)

The regulation prohibits the transporting to or from EU ports of heavy grades of oil in single-hull oil tankers and lays down an accelerated phasing-in scheme for the application of the double-hull or equivalent design requirements of the International Convention for the Prevention of Pollution from Ships to single-hull oil tankers, with 2015 as the final deadline. That regulation was adopted in 2002 as a response to shipping accidents involving oil tankers and to the ensuing pollution of the Union's waters and coastlines. Its main objective is to enhance safety and to prevent pollution in maritime transport by making oil tankers safer

PROVISIONAL VERSION

7.VI.2012

EMPLOYMT

Mobilisation of the European Globalisation Adjustment Fund for Spain

The Council adopted a decision mobilising EUR1.63 million under the European Globalisation Adjustment Fund (EGF), providing support for workers made redundant in the Spanish footwear industry. The redundancies are a consequence of the delocalisation of production processes to lower-cost non-EU countries

EUROPEAN ECONOMIC AREA

Amendment to annex XXI (statistics) to the EEA agreement

The Council adopted a decision on the position to be taken by the EU within the EEA joint committee concerning an amendment to annex XXI (statistics) to the EEA agreement

This decision aims to incorporate new EU acquis concerning European statistics on tourism into the EEA agreement ().

Amendment to Protocol 31 to the EEA agreement

The Council adopted a decision on the position to be taken by the EU within the EEA joint committee concerning an amendment to Protocol 31 to the EEA agreement, on cooperation in specific fields outside the four freedoms

The decision aims at extending the cooperation of the contracting parties to include cooperation in the framework of the European year for active ageing and solidarity between generations (2012) to the EEA agreement

Amendments to Protocols 31 and 37 to the EEA agreement

The Council adopted a decision on the position to be taken by the EU within the EEA joint committee concerning amendment to Protocols 31 (on cooperation in specific fields outside the four freedoms) and 37 (containing the list provided for in article 101) to the EEA agreement,

This decision aims to take into account changes to the governance and the setup of the European Global Navigation Satellite System into the EEA agreement

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PROVISIONAL VERSION

7.VI.2012

VIRONMT

Waste electrical and electronic equipment *

The Council adopted a directive on waste electrical and electronic equipment (WEEE) (PE-CON), which aims to improve collection, re-use and recycling of used electronic devices so as to contribute to the reduction of waste and to the efficient use of resources

For more information see press release

APPOINTMTS

Economic and Social Committee

The Council appointed Dr Ferdinand MAIER (Austria), as member of the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2015 ().