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Europaudvalget 2012-13
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COUNCIL OF

THE EUROPEAN UNION

7215/13

(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

PRESS

Rue de la Loi 175 B – 1048 BRUSSELS Tel.: +32 (0)2 281 6319 Fax: +32 (0)2 281 8026

[email protected] http://www.consilium.europa.eu/Newsroom

7215/13

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7.-8.III.2013

Main results of the Council

Home affairs ministers 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 2007/533/JHA and regulation 1987/2006 as 9 April 2013.

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 in

Romania.

Ministers heard a presentation by the Commission on 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.

Furthermore, the Council was briefed by the Counter-Terrorism Coordinator, the Commission and

the European External Action Service on the

security situation in the Sahel/Maghreb and its

implications for EU internal security.

The

Mixed Committee

(the EU plus Norway, Iceland, Liechtenstein and Switzerland), meeting in

the margins of the Council, looked at two decisions concerning the establishment, operation and

use of the second

generation Schengen Information System (SIS II)

and had a state-of-play

discussion on the

full application of the provisions of the Schengen acquis

in the Republic of

Bulgaria

and

Romania.

Furthermore, the Committee heard the Commission presentation on its

"Smart

Borders Package".

Justice ministers held an orientation debate on the proposal for a regulation setting out a

general

EU framework for data protection.

The discussion focused on the implementation of a risk-based

approach in the regulation and on the flexibility requirement for the public sector.

Moreover, ministers had a first exchange of views on the recent proposal for a directive on the

protection of the euro and other currencies against counterfeiting by criminal law,

following its

presentation by the Commission.

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7.-8.III.2013

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.

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7.-8.III.2013

CONTENTS

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

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.

Documents for which references are given in the text are available on the Council's Internet site

(http://www.consilium.europa.eu).

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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7.-8.III.2013

GENERAL AFFAIRS

–

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

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

TRADE POLICY

–

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

INDUSTRY

–

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

DECISIONS TAKEN BY THE REPRESENTATIVES OF THE MEMBER STATES

–

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

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7.-8.III.2013

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 POVEJŠIL

Denmark:

Mr Morten BØDSKOV

Germany:

Mr Hans-Peter FRIEDRICH

Mr Ole SCHROEDER

Mr Max STADLER

Estonia:

Mr Ken-Marti VAHER

Mr Hanno PEVKUR

Ireland:

Mr Alan SHATTER

Greece:

Mr Nikolaos DENDIAS

Mr Konstantinos KARAGOUNIS

Spain:

Mr Jorge FERNÁNDEZ DÍAZ

Mr RUIZ-GALLARDÓN JIMÉNEZ, Alberto

France:

Ms Christiane TAUBIRA

Mr Philippe ETIENNE

Italy:

Ms Anna Maria CANCELLIERI

Mr Ferdinando NELLI FEROCI

Cyprus:

Mr Kornelios KORNELIOU

Latvia:

Mr Rihards KOZLOVSKIS

Mr Jānis BORDĀNS

Lithuania:

Mr Dailis Alfonsas BARAKAUSKAS

Mr Juozas BERNATONIS

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, Minister of Defence

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

Minister for Interior

Minister for Justice

Minister for the Interior

Minister for Justice

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7.-8.III.2013

Luxembourg:

Mr François BILTGEN

Mr Christian BRAUN

Hungary:

Mr Tibor NAVRACSICS

Mr Károly KONTRÁT

Malta:

Ms Marlene BONNICI

Netherlands:

Mr Ivo OPSTELTEN

Mr Fred TEEVEN

Austria:

Ms Johanna MIKL-LEITNER

Ms Beatrix KARL

Poland:

Mr Piotr STACHAŃCZYK

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 KALIŇÁK

Ms Monika JANKOVSKÁ

Finland:

Ms Päivi RÄSÄNEN

Ms Anna-Maja HENRIKSSON

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

Parliamentary State Secretary

, Ministry of the Interior

Permanent Representative

Minister of Justice and Security

State Secretary for Security and Justice

Federal Minister for the Interior

Federal Minister for Justice

State Secretary, Ministry of the Interior and

Administration

Deputy State Secretary, Ministry of Justice

Minister for the Interior

State Secretary for Administration of the Property and

Premises of the Ministry of Justice

Minister for the Interior

Minister for Justice

State Secretary

Deputy Prime Minister and Minister for the Interior

State Secretary at the Ministry of Justice

Minister for Interior

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

Ms Cecilia MALMSTRÖM

Vice President

Member

The Government of the Acceding State was represented as follows:

Croatia:

Mr Orsat MILJENIĆ

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 on its "Smart Borders Package", tabled on 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:

–

A regulation 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 by electronic means,

replacing the current manual system.

A regulation 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.

A regulation amending the 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 2007/533/JHA

(6840/1/13

REV 1)

and regulation 1987/2006

(6841/1/13

REV 1)

as 9

April 2013.

The Schengen Information System (SIS) is a database shared by participating countries' border and

migration authorities, and law enforcement authorities. It 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 mechanism in the EU.

SIS II is a more advanced version of the system and will have enhanced functionalities, such as the

capability to use biometrics, new types of alerts, the capability to link different alerts (such as an

alert on a person and a vehicle) and a facility for direct queries. It will also ensure stronger data

protection. SIS II will start 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 in 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.

OJ L 205, 7.8.2007

OJ L 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: foreign fighters, protection of critical infrastructure,

Sahel-related aviation security, prevention of radicalization and the kidnapping for ransoms.

The Council tasked the relevant EU actors with expediting work on the proposals presented by the

Counter Terrorism Coordinator and asked him to present a report on their implementation to the

Council in October. The Council also stressed the need to maximise synergies between the CFSP

and JHA tools.

Data protection

The Council held an orientation debate on the proposal for a regulation establishing a general EU

framework for data protection on the basis of a progress report prepared by the Presidency

(6607/1/13). 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 the technical level, the work should continue along the following

lines:

–

controllers should have an obligation to engage in prior consultation with the supervisory

authority where their risk assessment indicates that the processing operations envisaged are

likely to present a high degree of specific risk. Further work needs to be done on the

definition of the applicable criteria;

the designation of a data protection officer should be optional;

the controller's obligations can be lightened in cases where a data protection officer is

designated on a voluntary basis;

–

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7.-8.III.2013

–

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

by further exploring the use of pseudonymous;

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 as to 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 under criminal law on the basis of a presidency

paper (6713/13), following its presentation by the Commission.

Most delegations welcomed the proposal, given 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

discussions on this proposal.

The proposed directive was tabled by the Commission on 5 February 2013 (6152/13) and will

replace Framework Decision 2000/383/JHA. It aims at establishing minimum rules concerning the

definition of criminal offences and penalties 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 investigation of them.

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

(10613/11).

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

7285/13.

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AOB

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

proposals, including:

–

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 relate: special procedures for unaccompanied

minors and victims of torture on the asylum procedures directive; and, in the case of the

Eurodac regulation the modalities of access to Eurodac data by law enforcement

authorities;

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;

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

the directive on the right to access to a lawyer;

the European Investigation Order.

the directive on confiscation of the proceeds of crime;

the MFF on the Rights, Equality and Citizenship Programme and the 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 an EU-Morocco Mobility Partnership.

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 2007/533/JHA

and regulation 1987/2006

as 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 in Romania. See item above.

Smart Borders Package

The Committee heard a presentation by the Commission on its "Smart Borders Package", tabled on

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.

OJ L 205, 7.8.2007

OJ L 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:

–

the Schengen related legislative proposals that are currently under discussion, namely the

Schengen evaluation mechanism and the Schengen Borders Code;

the changes to Regulation 539/2001 (visa requirements - suspension and reciprocity

mechanisms);

the regulation for the establishment of a European Border Surveillance System

(EUROSUR);

the technical amendments to the Schengen Borders Code (Regulation 562/2006 and the

Schengen Convention);

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 (6430/13).

GENERAL 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 (10222/5/11). This is to

ensure better access to law.

Cohesion policy 2014-2020

The Council agreed a fourth partial general approach

on certain elements of the EU cohesion

policy for the 2014-2020 period (5609/1/13

REV 1

5609/13 ADD 5 REV 1).

It also agreed a

general approach concerning European Groupings of Territorial Cooperation

(5609/13

ADD 4 REV 1).

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

EU's various regions.

The partial general approach covers the following three elements:

–

Recitals, as set out in

5609/13 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.

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7.-8.III.2013

–

Delegations of power, implementing, transitional and final provisions, as set out in

5609/13 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.