House of Commons - European Scrutiny - Eleventh Report

Select Committee on European Scrutiny Eleventh Report

Appendix: reports on Council meetings held during a recess

When the House is sitting, Departments make written Statements after each meeting of the Council of Ministers reporting on the Council meeting and on the activities of UK Ministers in it. However, for Council meetings taking place when the House is in recess we ask Departments to write to us instead. Replies concerning meetings during (and just before and after) the summer recess are published below.

Justice and Home Affairs Council, 13 July, 7-9 September (informal), 12 October

Letter to the Chairman from the Home Secretary (Mr Charles Clarke)

I thought that now would be a useful time to take stock, in the light of the first planned formal Council on 12 October and now that Parliament has returned from recess, of where we are and what has been achieved in the JHA field under the UK Presidency. I will be writing to you again in the very near future to outline what I believe this will mean for the December Council and what we will be planning to adopt or agree at that Council.

EMERGENCY JHA COUNCIL, 13 JULY 2005

As you will be aware, I called an Emergency JHA Council on 13 July 2005 in response to the terrorist attacks on London on 7 July 2005, to discuss the EU response. I chaired the meeting and Baroness Ashton from the DCA also attended.

The Council considered the acceleration of elements of the EU Counter-Terrorism Action Plan, in order to help to prevent further such attacks. Vice-President Frattini outlined the College of Commissioners' agreement to speed up the delivery of the Commission elements of the Hague Programme and Action Plan and to prioritise key terrorism-related dossiers (including radicalisation; explosives; protection of personal data; the principle of availability; law enforcement access to the Visa Information System (VIS), data retention and cross-border police co-operation). He also said that operational co-operation, terrorist financing and the protection of victims and witnesses all needed further work.

All Member States expressed both their sympathies with the UK and Londoners specifically, and expressed their commitment to work collectively to inject urgency into EU counter-terrorism work.

This meeting demonstrated the importance of European solidarity in the face of these attacks and the Council agreed a Council Declaration reflecting this and a renewed commitment to speed up necessary measures to combat terrorism. I urged the Council to engage the European Parliament further on Counter Terrorism issues and this has been reflected in their treatment of the issue of data retention at the 12 October Council as mentioned below.

INFORMAL JHA MINISTERIAL MEETING 7-9 SEPTEMBER 2005

Counter Terrorism

The Council discussed Counter-Terrorism in its first plenary session with presentations from both Security and Intelligence services.

The EU Counter Terrorism Co-ordinator, Gijs de Vries, then set out what the EU had done since 9/11 and the need for the EU to set a strategy for the future.

It was agreed by all EU Member States that domestic and international CT efforts needed to be stepped up and that the good progress already made by the EU since the Madrid bombings should be developed further under a coherent EU strategy and refreshed EU action plan.

Retention of Telecommunications Data

Two presentations were made by senior representatives of the telecommunications industry trade associations. They recognised the value of working with law enforcement but felt that the current draft of the Framework Decision was disproportionate in terms of cost, technical difficulty and radical restructuring of data systems.

Jim Gamble, Deputy Director General of the National Crime Squad, gave a presentation on the considerable law enforcement benefits of retaining the telecommunications data for longer periods, giving both examples of its use and setting out the safeguards for restricting access to retained data.

The Lord Chancellor chaired a plenary session on current issues in civil judicial co-operation. There was agreed support for limitation of scope of application of measures under article 65 TC to cross border cases. There was also an acceptance of the need for a speedy, simple, European Small Claims procedure. Discussion also took place on the Civil Judicial Network, with a helpful exchange of views.

Organised Crime

Running alongside the civil law plenary session were 3 workshops largely attended by Interior Ministers, all with an organised crime theme.

Intelligence-Led Policing — A presentation by Europol Director Max-Peter Ratzel on the virtues of an annual forward looking Organised Crime Threat Assessment (OCTA) by Europol, as part of a European Criminal Intelligence Model (ECIM), was well received. Those Ministers present supported development of both an OCTA and an ECIM and agreed that they should provide Europol with the necessary information to make them work.

Human Trafficking — A presentation by a senior UK policeman on a case study involving the trafficking from Lithuania to the UK of a 15 year old Lithuanian girl helped focus discussion on the need to co-operate at EU level (including through an EU action plan) to address all parts of the trafficking cycle, including protecting and rehabilitating victims, disrupting trafficking routes and prosecuting the traffickers, and educating vulnerable people in countries of origin as part of a prevention strategy.

High Tech Internet Crime — A presentation by a senior Belgian law enforcement officer on the ways organised crime and terrorist organisations can exploit the internet helped inform discussion on the risks and potential responses to this sort of crime. There was agreement to build on existing EU and G8 work in this area, particularly to tackle use of the internet for child abuse and to find ways better to protect critical IT infrastructure from attack.

Africa and Migration

Guest speaker from the UNCHR, David Lambo (Director for Africa) opened discussions by addressing Ministers on the political challenge faced by African governments with regard to massive numbers moving across the continent. He welcomed closer EU work with the African Union as well as individual governments and other players to bring their migration agenda together. In particular, he outlined strengthening protection for refugees; tackling human smuggling and trafficking; and remittances.

The Commission (Frattini) was supportive of further engagement with the African Union and EU and welcomed the fact that the Presidency had placed the wider questions of relations with Africa at the top of its agenda.

Afghanistan and Counter-Narcotics

Afghanistan's Counter Narcotics Minister Habibulah Qaderi opened discussions in the final session of the meeting setting out the pillars of Afghanistan's counter-narcotics plan, and the role of his new Ministry. The Commission outlined its contributions to the Counter Narcotics Trust Fund and also highlighted the need for Counter Narcotics activity to be mainstreamed throughout reconstruction efforts in Afghanistan. There was EU wide agreement on the need to increase assistance to Afghanistan in this important area.

JHA COUNCIL, 12 OCTOBER 2005, LUXEMBOURG

I chaired the JHA Council in Luxembourg on 12 October and then the Permanent Partnership Council meeting with the Russians on 13 October.

Baroness Ashton, who also attended the Council, chaired the item on the European Order for Payment, where it was formally underlined (as per the Informal Meeting in Newcastle) that the scope of the instrument should be limited to cross border cases.

Council discussions were then dominated by data retention. There was agreement to maintain a twin track approach, pursuing negotiations on the Directive whilst continuing work on the Framework Decision. I believe it is important to work with the European Parliament to see if an agreement can be reached in the 1st Pillar, because our advice is that this route is legally more robust. I also believe it important that the European Parliament is actively involved in the fight against terrorism at an EU level. However, it is essential that we have an effective measure, to realistic timescales, which provides appropriate protection for the citizens of the EU. There will be intensive discussions over the coming weeks, with a view to gaining agreement to an appropriate instrument at the December Council, and I will ensure that you are kept informed of their progress.

UNCHR Commissioner Gutterres joined a discussion over lunch on regional protection programmes which continued in to the main plenary session after the lunch. The Council formally endorsed the draft Council Conclusions on the communication from the Commission on regional protection programmes, which will be passed to the GAERC Council for formal adoption as an "A" point.

Conclusions were adopted on intelligence-led policing and the development of the organised crime threat assessment (OCTA). I stressed the importance of supporting this intelligence-led approach to law enforcement and of supporting Europol as it developed the Threat Assessment.

Productive discussions took place on the European Evidence Warrant with a view to bring negotiations on the Framework Decision to a successful conclusion at the December Council. As with Data Retention, there is likely to be a great deal of work on it in advance of the December Council, and I have asked officials therefore to ensure that you are kept informed of progress.

The text was also agreed on an agreement between the EU and Iceland and Norway on surrender procedures between the 3 parties. I stressed the importance of the need to bring these discussions to a close before the end of the year.

A meeting of the Mixed Committee took place on the draft framework decision on simplifying the exchange of information and intelligence between law enforcement authorities of the member states of the EU. Several member states had concerns with certain points of the text and I once again stressed that negotiations on this FD, including those difficulties, should be resolved by the end of the year.

Under AOB, the Commission briefly presented draft Framework Decisions on the principle of availability and data protection. I noted that work should and would be taken forward on both.

At the Permanent Partnership meeting with the Russians (held in troika format with the Commission, the UK Presidency, the incoming Austrian Presidency and the Russians), there was a useful discussion of issues around organised crime, counter-terrorism and border security. The Readmission Agreement between the EU and Russia was also initialled at the meeting.

I apologise that this letter was not with you at the end of recess in respect of the Informal and Emergency Councils, but hope that it is useful to put these in the context of the further discussions on key issues that have taken place since.

8 November 2005

Foreign Ministers (informal), 1-2 September 2005

Letter to the Chairman from the Minister for Europe (Mr Douglas Alexander)

The EU Foreign Ministers' Informal meeting (Gymnich) was held on 1-2 September at the Celtic Manor Hotel in Newport, Wales. My Right Honourable Friend the Foreign Secretary chaired the Gymnich as Presidency.

The Foreign Secretary made a short intervention at the start of the Gymnich with regard to three different terrible incidents. The tragedy at the Khadamiya mosque in Baghdad, the terrible disaster that has resulted from Hurricane Katrina in the United States, and the first anniversary of the terrorist atrocity in Beslan.

The agenda items were covered as follows:

THURSDAY 1 SEPTEMBER 2005

Foreign Ministers discussed Iran's unilateral decision last month to restart suspended nuclear fuel cycle activities. Foreign Ministers agreed that they would study the report by the IAEA Director General Dr Mohammed ElBaradei on 3 September and pursue consultations with other Board members on next steps. Iran's human rights record was also discussed.

Foreign Ministers discussed the EU's relationship with Russia and touched upon Belarus. Both EU-Russia Summit preparations (ahead of 4 October) and Belarus will be discussed, as necessary, at a future General Affairs and External Relations Council (GAERC).

Accession Process

The Foreign Secretary invited Enlargement Commissioner Olli Rehn to open up discussion of the accession process generally. On Bulgaria and Romania, the Foreign Ministers from both countries updated EU Foreign Ministers on the state of their preparations for EU membership. On Croatia, EU Foreign Ministers emphasised that negotiations should open as soon as the EU agreed that Croatia was cooperating fully with the International Criminal Tribunal in The Hague. On Turkey, EU Foreign Ministers discussed the outstanding issues to be resolved in advance of the opening of negotiations, scheduled for 3 October.

FRIDAY 2 SEPTEMBER 2005

Western Balkans

The Foreign Secretary invited High Representative Javier Solana to open discussion with an overview of forthcoming challenges. Foreign Ministers talked in detail about the support needed for Kai Eide (UN Secretary General's Special Envoy for Kosovo) in his work to date and the further steps that need to be taken in Kosovo and the Western Balkans.

Foreign Ministers discussed the steps that need to be taken by the EU to ensure that there are adequate provisions to prevent its spread.

Arms Trade Treaty (ATT)

The Foreign Secretary gave a presentation to Foreign Ministers on proposals for an ATT and set out the key elements.

Foreign Ministers discussed the problem of the growing flow of illegal migrants to the EU, particularly in the Mediterranean region. Foreign Ministers welcomed the work of the Commission in developing a common approach to tackle illegal immigration, looking at long and short-term strategies.

United Nations Summit, 14-16 September

Foreign Ministers discussed the UN Summit (to be held in New York on 14-16 September) and the work that the EU and individual Member States are doing to secure an ambitious set of reforms.

Middle East Peace Process (MEPP)

Foreign Ministers were joined by the Croatian and Turkish Foreign Ministers at lunch. James Wolfensohn, Quartet Special Envoy for Disengagement, attended at the Foreign Secretary's invitation. Foreign Ministers held a discussion about what had been achieved recently.

23 September 2005

Environment and Agriculture Ministers (informal), 9-12 September 2005

Letter to the Chairman from the Secretary of State for the Environment, Food and Rural Affairs (Margaret Beckett)

I hosted the first ever joint meeting of the EU Agriculture and Environment Councils in London over the weekend of 9-12 September. Environment and Agriculture Ministers from across Europe — EU Member States, accession countries (Bulgaria and Romania), candidate countries (Turkey and Croatia) and the EEA (Iceland), European Commissioners (Fischer Boel and Dimas), a representative of the European Parliament Committee on Environment, Public Health and Food Safety and the Defra Ministerial all attended. A joint discussion on climate change and agriculture took place on the morning of 11 September. A programme of visits was undertaken to showcase UK achievements and the links between environment and agriculture.

DETAIL OF MEETING

The meeting heard thought-provoking presentations from seven leading international experts including Professor Sir David King (UK Chief Scientific Advisor), Professor Jacqueline McGlade (European Environment Agency) and experts from Austria and Spain. The presentations underlined the message that sustainable agriculture and land-use can play a significant role in addressing climate change and still provide the economic and social benefits rural areas need. They dealt with both the impacts of climate change on European agriculture — including changing crop suitability, food production potential, land abandonment and forest fires — and how farmers and land managers can best respond. The potential of bio-energy was one of several opportunities highlighted.

MEETING SUMMARY

I summarised that as land managers control some 42% of the land area of the EU, their role is vital as we strive for sustainability and that agriculture would feel the impact very directly of Climate Change. I stressed farmers could help to address the drastic impacts of climate change, for example through water management to reduce the risks of flooding. The agricultural sector also needed to consider how it can contribute to reducing its own direct emissions of greenhouse gases, for instance through energy crop production and changing their management practices for fertiliser and manure application.

Both Commissioners emphasised the importance they attached to further work on the issues raised by the presenters, and in my summing up at the end I stressed how vital it was for both agriculture and environment Ministers to work together to help farmers and land managers face up to the challenges and opportunities which climate change presents, noting that southern and central Europe are likely to face great challenges in terms of water shortage, and heat stress.

As well as providing a unique forum for discussion of an important but relatively unexplored aspect of climate change — a key priority for our presidencies of both the G8 and the EU this year — the joint Informal Council provided an opportunity to showcase a wide range of UK environment and agriculture achievements through a series of visits. Both Agriculture and Environment Ministers were given follow up presentations and tours, including of the Royal Botanic Gardens at Kew and the Darwin Centre at the Natural History Museum.

In line with the interdepartmental agreement relating to all major meetings hosted in the UK during the Presidency, Defra took steps to make the event as sustainable as possible by minimising its environmental impact and offsetting the residual carbon emissions.

A copy of this letter has been placed in the Libraries of both Houses and further information about the joint meeting can be found at: www.defra.gov.uk/news/latest/2005/climate-0912.htm

7 October 2005

Agriculture and Fisheries Council, 19-20 September 2005

Letter to the Chairman from the Secretary of State for the Environment, Food and Rural Affairs (Margaret Beckett)

In light of the Parliamentary recess, I am writing to you in place of the usual written statement to summarise what happened at the Agriculture and Fisheries Council meeting in Brussels on 19 and 20 September 2005.

I chaired the Council for the agriculture items on the agenda. The Parliamentary Under Secretary (Commons), Ben Bradshaw, represented the United Kingdom and also chaired the Council for the fisheries items. The Parliamentary Under Secretary (Commons), Jim Knight, represented the United Kingdom for fisheries items. Also in attendance was the Scottish Environment and Rural Affairs Minister, Ross Finnie.

Two Environment Council matters were included on the agenda in the absence of a meeting of Environment Ministers within the relevant deadlines. They were taken as 'B' points at the request of Denmark. On the first, the Council was unable to act on the Commission's proposal on a GM maize authorisation due to the absence of a qualified majority in favour or against. The Council did, however, adopt a Decision amending Annex II of Directive 2000/53/EC of the European Parliament and of the Council on end-of-life vehicles.

The Council postponed the political agreement on fisheries measures in the Mediterranean Sea. A compromise text was tabled by the Presidency taking into account a number of the concerns of Member States. However, Italy and France had particular difficulties which proved irreconcilable.

As part of the UK's better regulation theme, and building on the Commission's 'frontloading' of the December Total Allowable Catch (TACs) and quotas negotiations, the Council held an exchange of views on a Presidency discussion paper concerning the options and principles for enhancing fish stock recovery measures. There was a very constructive discussion with contributions from over half of the member states.

Under Any Other Business, France urged the Commission not to extend the period of its emergency measures to conserve anchovy in the Bay of Biscay. However, on reflection, the Council upheld the scientific advice and agreed that the measures should remain in place until the end of the year.

Commissioner Borg made a statement on economic difficulties in the fishery sector, particularly in view of current higher fuel prices on which several member states and industry representatives had expressed concerns — a Commission communication is expected in due course.

Poland requested the Commission remove surplus cereal production from the countries of Central Europe, through the use of free market tenders, rather than intervention storage. Austria suggested that the intervention criteria for grains be adjusted to respond to difficulties caused by bad weather this year. The Czech Republic, Slovakia and Hungary supported both requests. The Commission were aware of the serious situation and said they had made every effort within the rules to ease it.

Italy supported by France, Greece, Spain, Poland, Hungary, Cyprus and Portugal, drew the Commission's attention to the crises on its wine and fruit and vegetables markets, caused by drops in price. They asked for a further increase in the quantity of crisis distillation and called for the Commission to present its proposals on crisis management as soon as possible. The Agriculture Commissioner explained that they were considering options. They were planning a reform of the fresh and processed fruit and vegetables sectors for the second half of 2006.

On wine, the Commissioner explained that the Management Committee of 6 September had given a favourable opinion on the opening of crisis distillation for table wine in Italy. A reform of the wine CMO would be launched in 2006.

The Czech Republic, supported by Poland, Lithuania, Latvia, Cyprus and Slovakia, requested a derogation from the CAP reform regulation which would allow them to make payments under the Single Area Payment Scheme (SAPS) earlier than 1 December. The Commission explained that there was no legal basis for an earlier payment date this year, unless in the case of an emergency.

The Commissioner for Health and Consumer Protection gave an update on the situation on Avian Influenza in south East Asia and Russia and the actions taken and planned.

The Agriculture Commissioner provided the Council with an update on the state of play of the WTO Negotiations.

In the margins of the Council, I chaired an informal meeting between the Commission and Member States and Ministers from the sugar producing African, Caribbean and Pacific (ACP) Countries and the Least Developed Countries (LDC). The Agriculture Commissioner, Mariann Fischer Boel, and the Development and Humanitarian Aid Commissioner, Louis Michel, attended along with the Commission's Director General for Trade, Peter Carl. ACP and LDC representatives acknowledged the need for reform of the EU sugar regime but criticised a number of aspects of the Commission's proposals.

The Commission and I also held trilateral discussions with Lithuania, Latvia, Cyprus, Poland, Sweden, Denmark, Greece, Czech Republic, Portugal, Spain, Slovakia, Slovenia, Hungary and Austria to discuss the Commission's sugar reform proposals.

7 October 2005

General Affairs and External Relations Council, 3 October 2005

Letter to the Chairman from the Minister for Europe (Mr Douglas Alexander)

The General Affairs and External Relations Council (GAERC) was held on 3 October in Luxembourg. My Right Honourable Friend the Foreign Secretary and I chaired the Council as Presidency. The agenda items were covered as follows:

GENERAL AFFAIRS

Enlargement. The Council approved the framework for negotiations and other documents necessary to open accession negotiations with Turkey. The Council also welcomed a report to the Croatia Task Force by the ICTY Chief Prosecutor, which indicated that Croatia was now co-operating fully with the ICTY. The Council concluded that Croatia had met the outstanding condition for the start of accession negotiations. The Council confirmed that sustaining full co-operation with the ICTY would remain a requirement for progress throughout the accession process and agreed that less than full co-operation with the ICTY at any stage would affect the overall progress of the negotiations. Negotiations with both Turkey and Croatia were subsequently opened in an Intergovernmental Conference following the GAERC.

Future of Europe. The Presidency briefed Partners on the arrangements for the Informal Meeting of Heads of State/Government on 27/28 October at Hampton Court.

EXTERNAL RELATIONS

Iran. In the light of the recent International Atomic Energy Agency (IAEA) Board of Governors' meeting in Vienna, the Presidency held an exchange of views on developments and next steps. The Council welcomed the resolution adopted by the IAEA Board of Governors on 24 September 2005 and urged Iran to seize the opportunity offered by the resolution by implementing all the measures requested by the IAEA Board, including reinstating full suspension of all fuel cycle activities. The Presidency also concluded that Ministers should revert to the issues of broader EU-Iran relations and support to civil society at the 7 November GAERC.

MEPP. The Presidency took stock of recent developments noting the successful completion of disengagement (12 September) and the Quartet Meeting (20 September) which welcomed disengagement and stressed the need for both sides to implement their Roadmap commitments. Commissioner Ferrero-Waldner also briefed on her visit to Lebanon on 29-30 September.

EU-Russia Summit. The Presidency updated Partners on the preparations for the 4 October EU-Russia Summit in London — the 16th to be held under the EU-Russia Partnership and Co-operation Agreement. Ministers agreed on a draft readmission and visa facilitation agreement between the EU and Russia. These agreements were subsequently approved at the EU-Russia Summit in London on 4 October.

AoB: ASEM. Ministers briefly discussed the Asia Europe Meeting (ASEM) process following the decision of ASEAN Ministers not to attend an EU/ASEM Finance Ministers' meeting. Ministers reaffirmed the importance the EU attaches to its relations with Asia and looked forward to fruitful ASEM meetings in 2006.

AoB: Tsunami. Member States suggested that in light of the first anniversary of the 26 December tsunami the Council should review its overall response. The Presidency tasked the Commission and Council Secretariat with drawing up a paper setting out what had been achieved with respect to community aid and action in the CFSP framework. This will be circulated to Member States in December.

Uzbekistan. Ministers agreed Council Conclusions imposing an embargo on exports to Uzbekistan of arms, military equipment and other equipment that might be used for internal repression; placing restrictions on admission to the European Union aimed at those individuals directly responsible for the indiscriminate and disproportionate use of force in Andijan; and suspending all scheduled technical meetings under the EU-Uzbekistan Partnership and Co-operation Agreement.

Conclusions were also agreed on MEPP, Iran, Western Balkans, Colombia, International Peace and Security, and Croatia.

14 October 2005

© Parliamentary copyright 2005
Prepared 5 December 2005