Persbericht Raad Justitie en Binnenlandse Zaken 7 maart 2013 (en)

COUNCIL OF THE EUROPEAN UNION

(OR. en)

PRESSE 95 PR CO 14

PRESS RELEASE

3228th Council meeting

Justice and Home Affairs

Brussels, 7-8 March 2013

President Mr Alan Shatter

Minister for Justice, Equality and Defence of Ireland

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Finally, ministers confirmed the compromise text of the agreement reached with the European Parliament on the regulation on mutual recognition of protection measures in civil matters upon request of the person at risk, aimed at strengthening the rights of victims.

Important items adopted without discussion (A items) include a regulation providing that as a general rule only the Official Journal of the EU published in electronic form is authentic and produces legal effects.

CONTTS¹

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PARTICIPANTS................................................................................................................................6

ITEMS DEBATED

Smart Borders Package........................................................................................................................9

SIS II..................................................................................................................................................10

Schengen enlargement: Bulgaria and Romania.................................................................................10

Security situation in the Sahel/Maghreb............................................................................................11

Data protection...................................................................................................................................11

Protection of the euro against counterfeiting.....................................................................................12

Protection measures in civil matters..................................................................................................12

AOB...................................................................................................................................................13

Mixed Committee..............................................................................................................................14

SIS II..................................................................................................................................................14

Schengen accession Romania / Bulgaria...........................................................................................14

Smart Borders Package......................................................................................................................14

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

OTHER ITEMS APPROVED

JUSTICE AND HOME AFFAIRS

— Control of psychoactive substances.......................................................................................................................16

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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

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GERAL AFFAIRS

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  Electronic publication of Official Journal of the EU.............................................................................................16

Cohesion policy 2014-2020................................................................................................................................... 16

TRADE POLICY

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  Anti-dumping - Stainless steel fasteners - Philippines - Malaysia and Thailand...................................................17

INDUSTRY

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  Technical prescriptions for wheeled vehicles........................................................................................................18

DECISIONS TAK BY THE REPRESTATIVES OF THE MEMBER STATES

Appointment of five judges to the General Court of the European Union............................................................18

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PARTICIPANTS

Belgium:

Ms Joëlle MILQUET

Ms Annemie TURTELBOOM

Ms Maggie DE BLOCK

Bulgaria:

Mr Tsvetan TSVETANOV Ms Diana KOVATCHEVA

Czech Republic:

Mr Jan KUBICE Mr Martin POVEJSIL

Denmark:

Mr Morten B0DSKOV Germany:

Mr Hans-Peter FPJEDEPJCH Mr Ole SCHROEDER

Mr Max STADLER

Estonia:

Mr Ken-Marti VAHER Mr Hanno PEVKUR

Ireland:

Mr Alan SHATTER Greece:

Mr Nikolaos DDIAS

Mr Konstantinos KARAGOUNIS

Spain:

Mr Jorge FERNANDEZ DIAZ

Mr RUIZ-GALLARDÓN JIMÉNEZ, Alberto

France:

Mme Christiane TAUBIRA Mr Philippe ETINE

Italy:

Ms Annamaria CANCELLIERI, Ministre Mr Ferdinando NELLI FEROCI

Cyprus:

Mr Kornelios KORNELIOU Latvia:

Mr Rihards KOZLOVSKIS, Ministre Mr Janis BORDANS, Ministre

Lithuania:

Mr Dailis Alfonsas BARAKAUSKAS, Ministre Mr Juozas BERNATONIS, Ministre

Deputy Prime Minister and Minister for the Interior Minister for Justice

State Secretary for Asylum, Immigration and Social Integration, attached to the Minister for Justice

Deputy Prime Minister and Minister for the Interior Minister for Justice

Minister for the Interior Permanent Representative

Minister for Justice

Federal Minister for the Interior

Parliamentary State Secretary to the Federal Minister for the Interior

Parliamentary State Secretary to the Federal Minister for Justice

Minister for the Interior Minister for Social Affairs

Minister for Justice and Equality, Defense

Minister for Public Order and Protection of the Citizen Vice Minister for Justice, Transparency and Human Rights

Minister for the Interior Minister for Justice

Keeper of the Seals, Minister for Justice Permanent Representative

Minister for the Interior Permanent Representative

Permanent Representative

State Secretary, Ministry of Justice

Deputy State Secretary on Strategies for the Ministry of

Justice

Minister for the Interior Minister for Justice

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Luxembourg:

Mr Francois BILTG

Mr Christian BRAUN Hungary:

Mr Tibor NAVRACSICS

Mr Karoly KONTRAT Malta:

Ms Mariene BONNICI

Netherlands:

Mr Ivo OPSTELT Mr Fred TEEV

Austria:

Ms Johanna MIKL-LEITNER Ms Beatrix KARL

Poland:

Mr Piotr STACHANCZYK

Mr Michal KRÓLIKOWSKI Portugal:

Mr Miguel MACEDO Mr Fernando SANTO

Romania:

Mr Radu STROE

Ms Mona Maria PIVNICERU

Slovenia:

Ms Mojca KUCLER DOLINAR Mr Robert MAROLT

Slovakia:

Mr Robert KALTNAK Ms Monika JANKOVSKA

Finland:

Ms Paivi PASAG, Ministre Ms Anna-Maja HRIKSSON

Sweden:

Ms Beatrice ASK

Mr Martin VALFRIDSSON

United Kingdom:

Mr Chris GRAYLING Ms Theresa MAY

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 Permanent Representative

Deputy Prime Minister and Minister for Public Administration and Justice Minister of State, Ministry of Interior

Permanent Representative

Minister of Justice and Security

State Secretary for Security and Justice

Federal Minister for Interior Federal Minister for Justice

State Secretary, Ministry of the Interior and Administration

Deputy State Secretary, Ministry of Justice

Minister for the Interior Secrétaire d'Etat

Minister of Interior Affairs Minister of Justice

State Secretary State Secretary

Deputy Prime Minister and Minister for the Interior State Secretary at the Ministry of Justice

Minister for Interioir Minister for Justice

Minister for Justice State Secretary

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

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Commission:

Ms Viviane REDING Vice President

Ms Cecilia MALMSTRÖM Member

The Government of the Acceding State was represented as follows:

Croatia:

Mr Orsat MILJIC

Mr Vladimir DROBNJAK

Minister for Justice Permanent Representative

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ITEMS DEBATED Smart Borders Package

The Council heard a presentation by the Commission of its "Smart Borders Package", tabled on the 28 February 2013. This package aims at using new technology to speed-up, facilitate and reinforce border check procedures for foreigners travelling to the EU. It includes three proposals for regulations:

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  establishing an Entry/Exit System (EES) to register entry and exit data of third country nationals crossing the external borders of the member states of the EU; which will record the time and place of entry and exit of third country nationals travelling to the EU. The system will calculate the length of the authorised short stay in an electronic way, replacing the current manual system

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  establishing a Registered Travellers Program (RTP), which will allow certain groups of frequent travellers from third countries (such as business travellers, workers on short term contracts, researchers and students) to enter the EU using simplified border checks

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  amending Schengen Borders Code as regards the use of the EES and RTP

The aim of the "Smart Borders Package" is to simplify life for frequent third country travellers at the EU's external borders, enhance EU security and contribute to better monitoring of border-crossings

The Council asked its preparatory bodies to start working on these proposals

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SIS II

The Council adopted two decisions concerning the establishment, operation and use of the second generation Schengen Information System (SIS II). These decisions fix the date of application of decision /JHA¹ (/13 REV 1) and regulation ² (/13 REV 1) on 9 April 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

SIS II is a more advanced version of the system and will have enhanced functionalities, such as the possibility to use biometrics, new types of alerts, the possibility to link different alerts (such as an alert on a person and a vehicle) and a facility for direct queries on the system. It will also ensure stronger data protection. SIS II will be in operation on 9 April 2013, becoming one of the world's largest IT systems in the field. It will consist of three components: a Central System, EU States' national systems and a communication infrastructure (network) between the Central and the national systems

Schengen enlargement: Bulgaria and Romania

The Council had a state of play discussion on the full application of the provisions of the Schengen acquis in the Republic of Bulgaria and Romania. The Presidency concluded the debate as follows:

The Council reverted to the issue of the Schengen accession of Romania and Bulgaria, as requested by the European Council in December 2012

It recalled the outcome of the European Council meeting in December 2012 as well as all relevant conclusions of previous European Councils and of the JHA Council

The Council decided to address this issue again by the end of 2013 with a view to considering the way forward on the basis of a two step approach

OJL 205. 7.8.2007 OJL 381. 28.12.2006

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Security situation in the Sahel/Maghreb

The Council discussed the security implications of the situation in the Sahel/Maghreb following a joint presentation by the Counter Terrorism Coordinator, the Commission and the European External Action Service

The discussion focused on five main topics: the foreign fighters, the protection of critical infrastructure, the Sahel related aviation security, the prevention of radicalization and the kidnapping for ransoms

The Council tasked the relevant EU actors to bring work forward on the proposals presented by the Counter Terrorism Coordinator and asked him to present to the Council a report on its implementation in October. The Council also stressed the need to maximise the synergies between the CFSP and JHA tools

Data protection

The Council held an orientation debate on the proposal for a regulation setting out a general EU framework for data protection on the basis of a progress report prepared by the Presidency (). The document is a follow-up to the instructions by the December Justice and Home Affairs Council regarding two questions, namely the possibility of injecting a more risk-based approach into the regulation and checking whether and how the regulation can provide sufficient flexibility for the public sector

The Presidency concluded that at technical level, the work should continue along the following lines:

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  controllers should have an obligation to engage in prior consultation with the supervisory authority where their risk assessment indicates that envisaged processing operations are likely to present a high degree of specific risk. Further work is needed in the definition of the applicable criteria

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  the designation of a data protection officer should be optional,

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  controller's obligations can be alleviated in cases where a data protection officer is then designated on a voluntary basis,

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  the application of approved codes of conduct and the use of approved data protection certification mechanisms should be incentivised by establishing linkages with the risk assessment process; work on the risk-based approach should be continued by further developing criteria for enabling the controller and processor to distinguish risk levels and further exploring the use of pseudonymous;

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  work on finding flexibility for the public sector related to Article 6(3) as well as to other parts of the draft regulation should be continued, on the understanding that it is only after this work that the assessment whether the regulation is capable of accommodating the required level of flexibility for member states' public sector can be made

Protection of the euro against counterfeiting

The Council had an exchange of views on the recent proposal for a directive on the protection of the euro and other currencies against counterfeiting by criminal law on the basis of a presidency paper (), following its presentation by the Commission

Most delegations welcomed the proposal, taking into consideration that the scale of counterfeiting since the introduction of the Euro requires a strengthening of the existing EU criminal law framework. However, several delegations expressed concerns about the introduction of minimum penalties, as established in article 5(4)(a) in the proposal. The Council instructed its preparatory bodies to start the discussions on this proposal

The proposed directive was tabled by the Commission on 5 February 2013 () and will replace Framework Decision /JHA. It aims at establishing minimum rules concerning the definition of criminal offences and sanctions in the area of counterfeiting of the euro and other currencies. It also introduces common provisions to strengthen the fight against those offences and to improve their investigation

Protection measures in civil matters

The Council confirmed the compromise text of the agreement reached with the European Parliament on the regulation on mutual recognition of protection measures in civil matters upon request of the person at risk ().

This regulation is aimed at strengthening the rights of victims by establishing a legal framework to ensure that all protection measures taken in a member state benefit from an efficient mechanism of recognition which will allow their free circulation throughout the EU

For more information see press release .

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AOB

Under other business, the Council was informed about the state of play of a number of legislative proposal, including:

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  the two legislative proposals outstanding in relation to the Common European Asylum System (CEAS), namely the asylum procedures directive and the Eurodac regulation. Both files have entered into the final phase of negotiations with the European Parliament. Issues that remain to be resolved in the negotiations concern: special procedures for unaccompanied minors and victims of torture on the asylum procedures directive and the modalities of access to Eurodac data by law enforcement authorities in the case of the Eurodac regulation;

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  the Intra-corporate Transferees and the Seasonal Workers directive. The Presidency is aiming to achieve first reading agreements on both files on the basis of the mandates established by the Council in 2012;

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  the MFF Home Affairs (Asylum and Migration Fund and Internal Security Fund - Police)

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  the directive on the right to access to a lawyer;

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  the European Investigation Order

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  the directive on confiscation of the proceeds of crime;

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  the MFF on the Rights, Equality and Citizenship Programme as well as on Justice Programme (2014-2020);

Furthermore, the Commission briefed the Ministers on the outcome of the High Level Conference "Empowering local actors to counter violent extremism", held in Brussels on 29 January 2013 and on the negotiations for the establishment of a Mobility Partnership EU-Morocco

The Spanish delegation presented a proposal to establish a Platform in Bogota for the exchange of information on Transatlantic cocaine trafficking from the Andean Region to Europe

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Mixed Committee

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

SIS II

The Committee looked at two decisions concerning the establishment, operation and use of the second generation Schengen Information System (SIS II). These decisions fix the date of application of decision /JHA¹ and regulation ² on 9 April 2013

After the discussion in the mixed committee, the Council adopted both decisions. See also separate item above

Schengen accession Romania / Bulgaria

The Committee had a state of play discussion on the full application of the provisions of the Schengen acquis in the Republic of Bulgaria and Romania. See item above

Smart Borders Package

The Committee heard a presentation by the Commission of its "Smart Borders Package", tabled on the 28 February 2013. This package aims at using new technology to speed-up, facilitate and reinforce border check procedures for foreigners travelling to the EU. See separate item above

OJL 205. 7.8.2007 OJL 381. 28.12.2006

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AOB

Under other business, the Committee was informed about the state of play of a number of legislative proposals, including:

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  the Schengen related legislative proposals that are currently under discussion, namely the Schengen evaluation mechanism and the Schengen Borders Code;

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  the changes to Regulation (visa requirements - suspension and reciprocity mechanisms);

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  the regulation for the establishment of a European Border Surveillance System (EUROSUR);

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  the technical amendments to the Schengen Borders Code (Regulation and the Schengen Convention);

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  the MFF Home Affairs (horizontal regulation and the Internal Security Fund - Borders)

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OTHER ITEMS APPROVED

JUSTICE AND HOME AFFAIRS

Control of psychoactive substances

The Council adopted a decision on subjecting the new psychoactive substance 4-methylamphetamine to control measures and criminal penalties across the Union ()

GERAL AFFAIRS

Electronic publication of Official Journal of the EU

The Council adopted a regulation providing that as a general rule only the Official Journal of the EU published in electronic form is authentic and produces legal effects (/11). This is to ensure better access to law

Cohesion policy 2014-2020

The Council agreed a fourth partial general approach¹ on certain elements of the EU cohesion policy for the 2014-2020 period (/13 REV 1 + ADD 5 REV I)² It also agreed a general approach concerning European Groupings of Territorial Cooperation (ADD 4REV 1).

The purpose of cohesion policy is to reduce disparities between the levels of development of the EUs various regions

The partial general approach covers the following three elements:

Recitals, as set out in ADD 1 REV 1 + COR 1. This part of the partial general approach is about ensuring coherence between the recitals and the amendments on the articles agreed upon in former partial general approaches

A general approach is a political agreement of the Council pending the adoption of a first-reading position by the European Parliament. The general approach on the cohesion policy legislative package is partial since some elements are excluded, in particular the sums to be devoted to cohesion policy and the eligibility of different regions

The decision was taken at a meeting of the Justice and Home Affairs Council. 6

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  Delegations of power, implementing, transitional and final provisions, as set out in ADD 2 REV 1. This is about making sure that the wording in the five cohesion policy regulations (on the Common Provisions, the European Regional Development Fund, the European Social Fund, the European territorial cooperation and the Cohesion Fund) is aligned

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  Other pending articles, as et out in ADD 3 REV 1. This part covers notably certain definitions

European Groupings of Territorial Cooperation (EGTC) are aimed at facilitating and promoting cross-border, transnational and interregional cooperation. Unlike the cohesion policy for the 2007-2013 period the geographic scope of EGTC is proposed to be expanded to overseas countries and territories and third countries; currently, EGTC can be established only within the EU

The partial general approach and the general approach complement the three partial general approaches agreed on 24 April ()\ 26 June ()² and 16 October 2012 ()³.

All four partial general approaches and the general approach were agreed on the principle that nothing is agreed until everything is agreed; this means that they do not prejudge the outcome of negotiations with the European Parliament on other negotiation blocs or the multiannual financial framework for 2014-2020. It also means that they may be subject to change as a result of these other negotiations

TRADE POLICY

Anti-dumping - Stainless steel fasteners - Philippines - Malaysia and Thailand

The Council adopted a regulation extending the anti-dumping duty imposed by regulation 2/2012 on imports of certain stainless steel fasteners and parts thereof originating in China to imports consigned from the Philippines, and terminating the investigation concerning possible circumvention of anti-dumping measures imposed by that regulation by imports of these products consigned from Malaysia and Thailand ().

This partial general approach covered the following six items: programming; ex ante conditionality;

management and control; monitoring and evaluation; eligibility; major projects

This partial general approach covered the following four items: thematic concentration; financial

instruments; net revenue generating operations and private public partnerships; performance

framework

This partial general approach covered the following seven items: information and communication, technical assistance; European territorial cooperation; territorial development; financial issues not covered in the negotiations on the multiannual financial framework (MFF) for 2014-2020; country-specific recommendations; management and control; indicators

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INDUSTRY

Technical prescriptions for wheeled vehicles

The Council adopted a decision supporting certain amendments to the agreement of the United Nations economic commission for Europe (UNECE) concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts used on wheeled vehicles ().

UNECE develops harmonised requirements intended to remove technical barriers to the trade in motor vehicles between the contracting parties of the agreement. The EU is a contracting party to this agreement and votes on behalf of the member states

DECISIONS TAK BY THE REPRESTATIVES OF THE MEMBER STATES

Appointment of five judges to the General Court of the European Union

On 6 March, the representatives of the governments of the member states reappointed the following persons as judges to the General Court of the European Union (the former Court of First Instance) for further six years from 1 September 2013:

Ms Mariyana KANCHEVA (Bulgaria)

Ms Ingrïda LABUCKA (Latvia)

Mr Alfred DITTRICH (Germany)

Mr Nicolas James FORWOOD (United Kingdom)

The representatives of member states' governments also nominated Mr Carl WETTER (Sweden) as judge to the General Court of the EU in replacement of Mr Nils WAHL (Sweden) for his remaining term of office ending on 31 August 2013

The General Court is made up of at least one judge from each member state. Judges are appointed for a term of office of six years, which is renewable. They appoint their president from among their number for a period of three years