23 Scoreboard of progress on justice and
home affairs matters
| (25275)
5334/04
COM(03) 812
| Commission Communication: biannual update of the scoreboard to review progress on the creation of an area of "freedom, security and justice" in the European Union (second half of 2003)
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| Legal base | — |
| Document originated | 30 December 2003
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| Deposited in Parliament | 21 January 2004
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| Department | Home Office |
| Basis of consideration | EM of 3 February 2004
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| Previous Committee Report | None; but see (24599) COM (03) 291: HC 63-xxviii (2002-03), para 20 (2 July 2003)
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| To be discussed in Council | Not applicable
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| Committee's assessment | Politically important
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| Committee's decision | Cleared, but further information requested
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Background
23.1 The Treaty of Amsterdam provided that, within five years
of the Treaty coming into effect (that is, by 1 May 2004), the
Council should adopt measures on asylum, immigration, judicial
cooperation in civil matters and police and judicial cooperation
in criminal matters. In October 1999, the Tampere European Council
invited the Commission to provide a "scoreboard" of
progress towards implementing the measures required by the Treaty
of Amsterdam and the conclusions of the European Council for the
creation of an area of freedom, security and justice. Accordingly,
the Commission presents a scoreboard once during each Presidency.
The report covers not only measures which have been adopted or
are still under consideration but also forthcoming proposals.
The document
23.2 The Commission describes the document as "the penultimate
biannual update of the Scoreboard". The Commission intends
to provide a Communication in June 2004 that will contain a final
update of the scoreboard and "a global and objective assessment
of the achievements and eventual failures in implementing the
Tampere agenda and meeting the obligations set by the Amsterdam
Treaty". The Commission regards the period up to 1 May as
the first phase in the creation of an area of freedom, security
and justice, and says that the Communication in June will suggest
"first orientations" for the second phase. "The
Benchmark for this will be the text of the Constitutional Treaty".
23.3 The document is in three parts. The first part
(pages 3-13) comments on the progress of implementation. The second
part (pages 14-16) lists key proposals by the Commission and Member
States awaiting action by other EU institutions. The third part
(pages 17-121) provides, in tabular form, a summary of progress
by the end of 2003 on the objectives set at the Tampere and subsequent
European Councils and on other initiatives.
23.4 In the first part of the report, the Commission
says (among other things) that, in order to complete the first
stage of a common EU asylum system, it is imperative to reach
agreement on two remaining elements: the draft Directive on common
minimum standards for procedures for granting and withdrawing
refugee status; and the draft Directive on rules for determining
which applicants for international protection qualify for refugee
status and which for subsidiary forms of protection.
23.5 The Commission says that, early in 2004, it
will present a proposal for a Council Decision on the European
Refugee Fund for 2005-10.
23.6 The Commission also intends to present proposals
for the provision of financial support for the repatriation of
third country nationals and for minimum standards for return procedures
and the mutual recognition of return decisions. The Commission
has continued to integrate migration-related issues in cooperation
programmes with third countries. It has negotiated readmission
agreements with Macao, Sri Lanka, Hong Kong and Albania and is
negotiating such agreements with China, Russia and Ukraine.
23.7 The Commission refers to the recently approved
Regulation on parental responsibility and matrimonial matters.
The Commission says that this represents an important step towards
ensuring EU-wide recognition and enforcement of decisions on the
custody and protection of minors.
23.8 The Commission reports that, in conjunction
with the Council of Europe, it designated 25 October 2003 as the
European Day of Civil Justice.
23.9 The Commission intends to present a proposal
for a Framework Decision on procedural safeguards for suspects
and defendants in criminal proceedings. It will also publish two
Green Papers: one on pre-trial detention and alternatives to it;
and the other on approximation, recognition and enforcement of
criminal penalties in the EU. Moreover, the Commission will issue
a Communication on crime prevention.
23.10 The Commission reports that only a few Member
States had implemented the Framework Directive on the European
Arrest Warrant by the deadline, 31 December 2003.
23.11 The Commission considers that the creation
of the first stage of the European area of freedom, security and
justice is at the top of the political agenda of the Heads of
State and Government. It says that:
"Work has progressed on all fronts since the
Commission's last update of the Scoreboard on 22 May 2003, but
there is a risk that certain important pieces of legislation will
not be in place by next year's deadline. The Commission again
therefore urges the Council to reinforce its efforts in the coming
months and expects Member States to lift their national reservations
on a number of files".
The Government's view
23.12 The Parliamentary Under-Secretary of State
at the Home Office (Caroline Flint) tells us that, in view of
the present status of the draft Constitutional Treaty and the
fact that the current Commission is coming to the end of its term
of office, the Government expects that the Communication the Commission
plans for June will focus primarily on the completion and implementation
of measures which remain outstanding.
23.13 The Minister says that:
"The Government would support the Commission's
conclusion that JHA [Justice and Home Affairs] business remains
high on the political agenda…and would acknowledge that there
remains an impetus to build on EU-cooperation in this area. That
said, the Government notes that there remains a considerable amount
of outstanding work to be completed".
23.14 The Minister says that the Government supports
Community action on asylum, on the basis that such action allows
Member States to retain flexibility to adapt policies in response
to their own domestic priorities.
23.15 The Government welcomes the reinforcement of
operational cooperation within the framework of the Returns Action
Programme and looks forward to the proposal for a financial mechanism
to support the return of illegal immigrants. The Government also
welcomes the progress made by the Commission in negotiating readmission
agreements with third countries.
23.16 It remains the Government's view that procedural
safeguards for suspects and defendants in criminal proceedings
should focus on cases involving foreign nationals. The Minister
adds:
"The Commission also announces its intention
to publish two Green Papers, the first on pre-trial detention
and recognition and enforcement of alternative measures to detention;
and the second examining the approximation, recognition and enforcement
of criminal penalties in the EU … The Government is interested
in proposals to allow defendants from other Member States greater
access than at present to alternatives to pre-trial detention,
and which allow a defendant's home State appropriate flexibility
to determine the conditions and methods of supervision. There
would be practical difficulties with proposals for harmonisation
of requirements for the pre-trial treatment of persons, particularly
those held in custody.
"The Government will consider any proposals
which the Commission brings forward in the area of approximation
and recognition of criminal penalties carefully. There are existing
arrangements for the repatriation of sentenced prisoners. The
Government has supported only a limited degree of approximation
of custodial penalties in order to promote mutual recognition
in the fight against serious cross-border crime. It is important
to preserve national flexibility to take account of local circumstances
and sentencing practices".
23.17 Finally, the Minister says that the Government
supports EU measures that combat identity fraud. It favours a
consistent approach to biometric identifiers. So it supports the
plan to include biometric identifiers in visas and residence permits
for third country nationals.
Conclusion
23.18 This report shows that, while there has
been continued progress in implementing the requirements of the
Treaty of Amsterdam and the conclusions of subsequent European
Councils, it now appears likely that some key measures —
such as the draft Directive on common minimum procedures for granting
and withdrawing refugee status — will not be agreed by the
deadline of 1 May. We do not find this surprising. It is understandable
that Member States should be vigilant to protect what they consider
to be their vital national interests when considering proposals
for legislation on asylum, immigration, the protection of external
borders, and criminal and civil proceedings. The Commission's
report seems to us to show insufficient recognition of Member
States' legitimate concerns on these matters. Moreover, the references
in the report to some of the Commission's ideas for future proposals
— such as the planned Communication on crime prevention
— suggest that we shall need to scrutinise them with particular
care to ensure that they do not breach the principle of subsidiarity.
23.19 The report is a useful reference document.
It is politically important because of the issues on which it
reports. But it has no direct financial, policy or legislative
implications. Accordingly, we clear the document from further
scrutiny. We should be grateful to know, however, the Government's
policy on the use of Article 69 of the EC Treaty when considering
whether to opt into new proposals for measures under Title IV
of the Treaty.
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