JUSTICE AND HOME AFFAIRS MINISTERS MEET IN BRUSSELS
The EU's Justice and Home Affairs Council met in Brussels, on 23-24 November. No agreement was reached with regard to powers of jurisdiction for the European Court of Justice on Europol, and the signing of both the External Borders Convention and the Convention on the European Information System (EIS) is effectively blocked due to the Gibraltar dispute. Agreement was reached on a harmonised definition of the term 'refugee' (see this issue: "Joint Position on a common definition of the term 'refugee'") and on common measures aiming at imposing airport transit visa for nationals of 10 countries.
Europol
Britain rejected a Spanish compromise proposal aiming at giving the European Court of Justice (ECJ) limited powers to interpret the Convention.
The Spanish proposal takes the form of a Draft Protocol to the Convention. The text would enable member states willing to accept preliminary rulings by the ECJ to attach a declaration relating thereto to the protocol. Britain, however, opposed even this solution as "unnecessary".
After this, the Spanish presidency said it would take the case to the Madrid EU Summit in December, as further delays were unacceptable.
The JHA Council also discussed a set of internal rules necessary for the implementation of the Europol Convention. The ministers approved the internal rules of Europol's Management Board, but noted that work on other regulations (including the implementing rules for Europol's "Analysis Registers": see this issue: "Europol's analysis registers to contain data on race, political opinion and sexual behaviour") had to be continued.
Airport transit visa
The Council decided a "joint action" aimed at imposing an airport transit visa (ATV) for nationals of 10 countries (Afghanistan, Ethiopia, Eritrea, Ghana, Iraq, Iran, Nigeria, Somalia, Sri Lanka and Zaire). Bangla Desh and Pakistan were withdrawn from the list upon British request.
The measure targets air passengers not bound to EU member states, whose plane makes a stop at a European airport. The objective of the Joint Action is to prevent would-be asylum seekers from making use of such stops to file an application.
Convention on extradition
The ministers stressed in a special declaration that "some progress" was made. Agreement in principle was reached on provisions bearing on the facts that give rise to extradition. Most delegations also agree on the principles that must govern the extradition of nationals. The question of whether the political nature of an offence can be a motive for refusing extradition between member states is still a matter of disagreement.
Other items
The Ministers adopted
a Resolution on the status of third country nationals residing in the EU for long periods
a decision on a warning and emergency procedure for burden-sharing regarding the temporary reception of displaced persons.
a Resolution on the protection of witnesses in the context of the fight against organised crime.