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