23 External aspects of the area of freedom,
security and justice
| (26924)
13384/05
COM(05) 491
| Communication from the Commission: a strategy on the external dimension of the area of freedom, security and justice
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| Legal base | — |
| Document originated | 12 October 2005
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| Deposited in Parliament | 19 October 2005
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| Department | Home Office |
| Basis of consideration | EM of 8 November 2005
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| Previous Committee Report | None
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| To be discussed in Council | Justice and Home Affairs Council 1-2 December 2005
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| Committee's assessment | Politically important
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| Committee's decision | Cleared
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Background
23.1 Following the adoption in November 2004 of the Hague Programme
on "strengthening freedom, security and justice in the European
Union", the European Council subsequently resolved that the
Secretary General/High Representative of the Council and the Commission
should make a proposal for a strategy on the "external dimension"
of this programme, i.e. on those aspects of relationships with
third countries which would contribute to safeguarding the internal
security of the European Union. The present document forms the
reply to the European Council's invitation, and is submitted for
approval at the Justice and Home Affairs Council on 1-2 December
2005.
The communication from the Commission
23.2 The Commission's communication reviews the external challenges
to the security of the European Union, suggests a number of objectives,
identifies priorities and principles and proposes a number of
future steps. The communication refers to the terrorist attacks
on New York and Washington in 2001, in Madrid in 2004 and London
in 2005, the growing sophistication of organised crime, illegal
immigration and the failure of institutions such as the judiciary
and law enforcement bodies in weak states as examples of external
challenges to the internal security of the EU. The communication
also refers to the "need for legal certainty and predictability
in relation to cross-border transactions in an increasingly global
economy". Somewhat enigmatically, it adds that "these
challenges have the potential to facilitate the situation of businesses
and citizens in Europe and significantly to improve the protection
of children worldwide".
23.3 The next section of the communication argues
that freedom, security and justice issues "lie at the heart
of maintaining international stability and security both outside
and inside the European Union". It refers to the promotion
of free movement within the EU, the fact that borders are generally
more open, and to increased global integration as adding a new
dimension to international cooperation. It refers to the need
for effective border management, independent and effective judiciaries,
legal cooperation, functioning asylum systems and effective police
forces as being essential to ensure security for citizens in their
daily lives. The communication suggests that the EU can do more
to strengthen capacities and cooperation throughout the world
and that it should continue to encourage regional cooperation,
particularly in relation to freedom, justice and security issues
in Eastern Europe, the Middle East and with regional organisations
such as the African Union.
23.4 The communication refers to a number of such
activities which have produced results. It notes that close cooperation
with Turkey has led to record drug seizures through controlled
deliveries in the EU in recent months, and that the EU is working
with Morocco to strengthen border management and to deal with
money laundering and trafficking in persons. It also notes that
a border management mission will start work in December to help
the authorities in Ukraine and Moldova to deal with smuggling
and trafficking across their common border, and that a visa facilitation
and re-admission agreement is shortly to be signed with Russia
which is expected to improve conditions for legitimate travellers
whilst speeding up the expulsion of illegal immigrants.
23.5 The communication draws a number of political
priorities from the Hague Programme and its Action Plan as providing
an overall basis for relations with third countries. These are
the promotion of human rights, the strengthening of institutions
and promoting good governance, the improvement of migration asylum
and border management, the fight against terrorism and dealing
with organised crime.
23.6 The communication suggests that policy towards
third-countries should be based on geographical priorities, with
comprehensive policies covering all aspects of freedom, justice
and security with countries which are EU accession candidates
or neighbourhood countries, and cooperation on specific issues
with other countries. The communication acknowledges that there
can be no "one size fits all" strategy, and that account
should be taken of the particular situation of each country. A
strategy should be flexible and relevant and may involve cross-pillar
coordination. In this connection, the communication notes that
"external action concerning freedom, security and justice
is at times cross-pillar, touching not only on fields of Community
competence, but also the CFSP or on police and judicial cooperation,
thus requiring close coordination between the Council and the
Commission to ensure coherence of the EU's external activities".
The communication also warns that "Community competence must
be preserved in relation to negotiations with third-countries".
The communication also draws attention to the need to avoid overlapping
or duplication of effort between Member States and the Commission
and to provide evaluation mechanisms to assess progress and relevance.
23.7 The communication describes a number of methods
for pursuing the strategy, including bilateral agreements, the
enlargement and pre-accession process (i.e. with Turkey and Croatia,
and the Stabilisation and Association Process with the Western
Balkans), the European Neighbourhood Policy action plans concluded
with Ukraine, Moldova, Tunisia, Israel, Jordan and the Palestinian
Authority and under negotiation with Egypt, Lebanon, Armenia,
Azerbaijan and Georgia, and regional cooperation. Reference is
also made to individual arrangements with particular countries,
such as with the United States on security and border control
issues, and to the operational cooperation by Europol, Eurojust
and the European Police College with their counterparts in third-
countries, as well as to activities such as institution building
and external aid programmes such as CARDS, TACIS and MEDA.
23.8 In a section entitled "geographical examples
of the way ahead" the communication refers to ongoing cooperation
with the United States, including the policy objective of securing
the extension of US visa waiver programme to all EU Member States,
and further cooperation on border security and law enforcement.
Reference is also made to the support by the EU for the Stabilisation
and Association Process with the Western Balkans with priority
areas being police and organised crime, integrated border management,
judicial reform and asylum and migration, to the EU-Russia agreement
referring to a "common space on freedom, security and justice"
and to cooperation with Ukraine. The communication also refers
to the launching at the next Barcelona Summit of an "ambitious
work programme" on mutual cooperation with Mediterranean
countries on justice, security, migration and social integration.
23.9 Finally, the communication suggests a number
of next steps for implementing the strategy. Under the heading
"setting priorities and monitoring implementation" it
suggests that the Commission should set priorities and define
appropriate courses of action "within the scope of its responsibilities",
that it should produce a consolidated review and "continuously
monitor implementation but that the Council should review progress
and priorities on a regular basis". Under the heading "effectiveness
and coherence", the communication refers to the possibility
of improving coordination between the geographic Council working
groups and those dealing with security, freedom and justice matters,
to the need to improve the coherence of the EU's external actions
"bearing in mind the Commission's competence" (although
it also concedes that "Member States must be closely involved").
The communication also emphasises the need for the EU further
to develop its capacity to react quickly to sudden needs or emerging
threats, and that "the Commission must play its full [part]
in international organisations, in coordination with the Member
States, to stimulate the development of new tools" and that
"appropriate steps should be taken to ensure greater visibility
for the action of the EU in international bodies". The communication
concludes by stating that the Commission must strengthen its efforts
to support regional cooperation in justice, freedom and security
issues through support for existing bodies such as the African
Union and encouraging new initiatives in areas where regional
cooperation is weak, such as in the Middle East or in Eastern
Europe.
The Government's view
23.10 In his Explanatory Memorandum of 8 November
2005 the Secretary of State for the Home Department (Mr Charles
Clarke) explains that the strategy which will be submitted for
approval at the December Justice and Home Affairs Council will
be based on the Commission's document and on a contribution from
the Council Secretariat. The Home Secretary welcomes the paper
as a contribution to one of the bases for a strategy, noting that
the external challenges identified in the Commission's paper broadly
correspond with the thrust of those set out in the High Representative's
Security Strategy "A Secure Europe in a Better World"
of 12 December 2003 and that the political priorities put forward
are those set out and greed in the Hague Programme and Action
Plan.
23.11 The Home Secretary comments further that the
principles to guide policy set out in the paper are welcome and
to a great extent set our best practice of what is already done
in this field, remarking that in general the suggestions concern
practicalities such as the setting of priorities, tailoring to
each country's need, flexibility, co-ordination and monitoring.
The Home Secretary regards it as a very positive feature that
the paper "starts from the principle that external actions
should be clearly linked to internal actions in the creation of
the area of freedom security and justice, and that cooperation
should be developed in close partnership with third-countries,
respecting the principle of ownership".
23.12 The Home Secretary explains that the UK Presidency
supports the principles and mechanisms set out in the paper, adding
that "the role of the Commission is to propose and set out
courses of action within the scope of its remit" and that
both the Council and the Commission have roles in evaluating and
reviewing. The Home Secretary also notes that the role of the
Council in co-ordinating geographic Council working groups is
underlined as is that of the Commission and Member States in ensuring
coherence of the EU's external actions. Finally, the Home Secretary
states that the UK Presidency will support the Council Secretariat
and Commission in consultation with the Member States in drawing
up an external relations strategy, which he will submit to us
in draft as soon as it is ready.
Conclusion
23.13 We thank the Home Secretary for his helpful
Explanatory Memorandum. We welcome his statement that the draft
strategy will be submitted for scrutiny as soon as it is ready.
23.14 We agree that it is for the Commission to
propose and set out courses of action within its remit, but we
consider that the Commission's paper risks exaggerating its role
and the extent to which matters covered by the external strategy
fall within Community competence. We trust that a proper balance
will be restored in the draft which is to be submitted to the
Council for its approval.
23.15 On the basis that we shall have an opportunity
to consider a revised draft of the strategy, we are content to
clear this document from scrutiny.
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