House of Commons - European Scrutiny - Thirty-Eighth Report

Select Committee on European Scrutiny Thirty-Eighth 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.

Agriculture and Fisheries Council, 18 July 2006

Letter to the Chairman from the Secretary of State, Department for Environment, Food and Rural Affairs (The Rt Hon David Miliband)

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 18 July 2006.

I represented the United Kingdom at the July Agriculture and Fisheries Council meeting in Brussels.

The Chairman of the Council began by setting out the Finnish Presidency work programme for the next six months. It includes progressing work on organic food and farming; spirit drinks, work on wine and banana sector reforms; energy crops; forest strategy; Community animal health strategy; fisheries total Allowable Catches and quotas and Common Fisheries Policy simplification.

The Agriculture Commissioner presented the Commission's Communication on the reform of the wine sector in the EU analysing the situation on the EU wine market and setting out various options for the reform of the current regime. Following the presentation, the Council held its first discussion on the basis of two questions drawn up by the Presidency. I welcomed the Commission analysis stressing that the current regime is unsustainable. I also said that further debate was necessary to achieve a reform that would allow efficient producers to thrive.

The Agriculture Commissioner gave a progress report on the WTO agricultural negotiations. She stressed that the EU offer from last October still remained on the table and underlined that that it would be better for EU to achieve a balanced deal now than no deal at all. Along with a number of Member States, I expressed our support for the Commission and its tactics in the WTO negotiations.

The Council held a policy debate on Commission proposal laying down rules for voluntary modulation in light of the December 2005 European Council future financing agreement for 2007-2013. This proposal sets out the terms by which Member States can voluntarily modulate from pillar 1 of the Common Agricultural Policy (direct payments) to pillar 2 (rural development). I argued the need for flexibility in the proposal, in particular to allow for voluntary modulation to continue to operate on a regional basis and without a franchise and on whether to apply the rules on minimum spends.

Under any other business, the Fisheries Commissioner updated the Council on developments in the negotiations conceming EC/Mauritania fisheries agreement and asked for Council agreement to a swift adoption process once the agreement has been initialled.

France raised concerns about the social and economic impact of a ban on anchovy fishing in the Bay of Biscay. The Commission reiterated its position that the fishery should remain closed and sald that it would examine the possibility of financial aid for affected fishermen.

Austria, supported by 16 other Member States, drew the Council's attention to various difficulties in the Commission's proposed changes to the agricultural state aids rules.

The Council took note without discussion of a written update from the Commission on the latest developments with regard to Avian Influenza H5N1.

The Finnish Presidency announced that their Informal meeting of Agriculture Ministers would take place from 24-26 September it will focus on the European Model of Agriculture and CAP reform.

Agriculture and Fisheries Council, 18 September 2006

Letter to the Chairman from the Secretary of State, Department for Environment, Food and Rural Affairs (The Rt Hon David Miliband)

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 18 September 2006.

I represented the United Kingdom for the morning session and the Deputy Permanent Representative to the European Union represented the United Kingdom for the rest of the day.

The Council held a discussion, based on a Presidency questionnaire, on the Commission's Communication on the reform of the wine sector in the EU. All Member States agreed the need for reform but there were differences about its scope and depth. I stressed the need for a progressive, liberalising reform to improve competitiveness and sustainability and enable the industry to respond to market needs.

The Environment Commissioner and the Health and Consumer Protection Commissioner presented two proposals on pesticides, designed to enhance the regulatory system governing pesticide authorisation and use.

In the absence of a qualified majority in favour or against, the Council was unable to reach decisions on the Commission's proposal to authorise the use of a specific type of GM oilseed rape in animal feed. In the absence of Council decisions, therefore, the Commission is now free to implement its proposals under its own competence.

A large number of issues, as follows, were raised under any other business.

The Council took note without discussion of a written update from the Commission on the Avian influenza outbreak.

Belgium asked for consideration to be given to easing the restrictions which apply in the case of a Bluetongue outbreak.

Belgium also informed the Commission of the action it had taken following agricultural damage caused by adverse weather conditions in July and August.

Denmark, supported by 11 other Member States including the UK, argued that the current school milk scheme needed reforming to encourage consumption of low fat milk and dairy products to bring it into line with modern nutritional advice. The Commission said the scheme was under review.

Greece supported by Spain, requested help for olive growing areas affected by July's forest fires. The Commission recommended that both Member States apply to the EU solidarity fund or use provisions in the Rural Development Regulation.

Lithuania, supported by eight other Member States, asked to re-open the debate on the Commission's communication of 2005 on risk and crisis management in agriculture.

France expressed concerns about WTO agricultural negotiations. The Agriculture Commissioner reported that there had been no significant developments since the suspension of the negotiations.

Hungary supported by six other Member States expressed concern about the Commission's proposed plans to tighten the quality standards for maize bought into Community intervention.

Germany raised concerns about the draft text of the Rural Development Implementing Regulation, specifically the requirements relating to the payment of Member State top ups.

The Finnish Presidency announced that their Informal meeting of Agriculture Ministers would take place from 24-26 September; it will focus on the European Model of Agriculture and the future of the CAP.

26 September 2006

Extraordinary General Affairs and External Relations Councils (GAERC), 1 and 25 August 2006

Letter to the Chairman from the Minister for Europe, at the Foreign and Commonwealth Office (The Rt Hon Geoffrey Hoon)

Extraordinary meetings of the General Affairs and External Relations Council (GAERC) took place on 1 and 25 August in Brussels. The Foreign Secretary represented the UK on 1 August. I did so on 25 August.

On 1 August the Council discussed the situation in the Middle East and adopted Conclusions: expressing utmost concern at the Lebanese and Israeli civilian casualties and human suffering, the widespread destruction of civilian infrastructure, and the increased number of internally displaced persons following the escalation of violence.

The Conclusions called on all parties to do everything possible to protect civilian populations and to refrain from action in violation of international humanitarian law.

The Council also called for an immediate cessation of hostilities to be followed by a sustainable cease-fire. In this context, the Council expressed full support for UN efforts to define a political framework for a lasting solution agreed by all parties, as a necessary precondition for deployment of an international force.

The Council deplored the continuing violence in Gaza and the West Bank that has led to an equally distressing humanitarian situation and reiterated its call for the parties to return to the peace process on the basis of the Roadmap.

On 25 August the Council discussed Lebanon, Iran and the Democratic Republic of Congo.

The Council discussed Lebanon in the presence of UN Secretary General Kofi Annan with Partners offering up to 7,000 personnel and a range of air, sea and specialist assets to the deployment of UNIFIL +.

The Council adopted Conclusions: expressing full support for the UN Secretary General's efforts in implementing Resolution 1701; welcoming Partners' willingness to contribute rapidly to the reinforcement of UNIFIL (United Nations Interim Force in Lebanon); while stressing UNIFIL's important role in assisting with the deployment of the Lebanese Army to Southern Lebanon.

The Conclusions also reiterated the EU's determination to bring humanitarian relief to the people of Lebanon.

The High Representative briefed the Council on Iran's response to the E3+3's offer. This was discussed further at the Informal Gymnich meeting of Foreign Ministers on 1-2 September in Lappenranta, Finland.

DEMOCRATIC REPUBLIC OF CONGO

The Council adopted Conclusions condemning the recent violence and calling on President Kabila and Vice-President Bemba to show restraint in the run-up to the second round of elections.

The Conclusions also underlined the EU's commitment to ensuring the smooth conduct of the electoral process as shown by the role of the EUFOR RD Congo force, supporting MONUC (United Nations Mission in the Democratic Republic of Congo) in restoring calm in Kinshasa.

4 September 2006

EU Foreign Ministers' Informal (Gymnich), 1-2 September 2006

Letter to the Chairman from the Minister for Europe, at the Foreign and Commonwealth Office (The Rt Hon Geoffrey Hoon)

The EU Foreign Ministers' Informal meeting (Gymnich) took place in Lappeenranta on 1-2 September 2006. I represented the UK.

The agenda items were as follows:

Discussions at the Gymnich affirmed the need to move forward the Middle East Peace Process, with Partners exchanging views on how the EU could best contribute. On Lebanon, External Relations Commissioner, Ferrero-Waldner reported on the Stockholm donors' conference on 31 August, noting that the Commission had pledged €118 million. Member States reaffirmed their commitment to the implementation of UNSCR 1701, including through a substantial European contribution to the UNIFIL force in Southern Lebanon.

Ministers discussed Iran in the light of UNSCR 1696 and the report of the International Atomic Energy Agency on 31 August on Iranian non-compliance. Ministers agreed to return to the issue at the General Affairs and External Relations Council on 15 September and in the meantime expressed their support for the role of the High Representative, Javier Solana in Iran.

Partners exchanged views on the options available to the EU in pursuing a long-term relationship with Russia, including a possible successor agreement to the Partnership and Cooperation Agreement between the EU and Russia which runs until 2007.

8 September 2006

General Affairs and External Relations Council (GAERC), 15 September 2006

Letter to the Chairman from the Minister for Europe, at the Foreign and Commonwealth Office (The Rt Hon Geoffrey Hoon)

The next GAERC will be held in Brussels on 15 September. I will represent the UK. The agenda items are as follows:

EXTERNAL RELATIONS

The WTO Round remains a possible item for the GAERC. Little progress has been made since the end of July. If the WTO remains on the agenda, we expect Peter Mandelson to brief Partners, including on the meeting of the G20 group of advanced developing countries he attended on 9-10 September in Rio.

Western Balkans

We expect discussion and Conclusions to focus on the Montenegrin and Bosnian elections.

There is an urgent need to persuade President Bashir to stop his military offensive in Darfur, accept transition to a UN force and allow the African Union forces to remain in Darfur until the UN takes over. Our key objective is to ensure that the EU plays an active, visible and high level role in achieving this. We are expecting Conclusions.

Democratic Republic of Congo (DRC)

The Presidency have yet to decide whether there will be Conclusions on DRC. If Conclusions are adopted, we would expect them to focus on the political tensions between President Kabila and Vice President Bemba and the need for the second round of elections to take place on 29 October.

Middle East Peace Process (MEPP)

The GAERC is likely to continue the Gymnich discussion on the EU's role in, and contribution to, the MEPP. I will debrief ministers on the Prime Minister's visit to the region and the Foreign Secretary's recent visit to Egypt.

On Lebanon we expect discussion to focus on how the EU can support implementation of UNSCR 1701. I will also debrief Partners on the work currently being undertaken by the UK's Security Sector Reform Scoping team which has visited Beirut, Washington, Paris and Rome in recent weeks.

High Representative Solana may brief the Council on his meeting with Larijani on 9/10 September. The Council may also be briefed on the E3+3 Political Directors preparatory meeting in Berlin on 7 September to discuss next steps at the Security Council. The Presidency are planning Conclusions, mainly on the nuclear issue.

There was a meeting of the Preparatory Group of the International Compact for Iraq in Abu Dhabi on 10 September where the Government of Iraq and UN briefed on the scope and proposed content of the Compact. This meeting provided wider political endorsement of the Iraqi vision for the Compact ahead of the discussion at UNGA on 18 September. We want the GAERC to endorse the Compact, ensuring a positive framework for discussions at UNGA.

AOB: EU co-operation with the Black Sea region

Greece have asked for EU co-operation with the Black Sea region to be added to the GAERC agenda as an AOB item.

12 September 2006

General Affairs and External Relations Councils (GAERC), 15 September 2006

Letter to the Chairman from the Minister for Europe, at the Foreign and Commonwealth Office (The Rt Hon Geoffrey Hoon)

The General Affairs and External Relations Council (GAERC) took place on 15 September in Brussels. I represented the UK.

The agenda items were as follows:

Western Balkans

The Council adopted Conclusions on recent elections in Montenegro and forthcoming elections in Bosnia, expressing its concern about inflammatory rhetoric in Bosnia and emphasising that elections scheduled for 1 October should be conducted in accordance with international standards.

The Council also agreed Conclusions on Serbia, expressing readiness to resume negotiations on a Stabilisation and Association Agreement as soon as full cooperation with ICTY is achieved and urging the Serbian authorities to step up their efforts in implementing the Action Plan.

There was agreement in the Council among Member States, High Representative Solana and Commissioner Michel to increase diplomatic pressure on Khartoum to comply with UNSCR 1706 to accept transition to a UN mission.

The Council adopted Conclusions stressing its concern about the deterioration of the security and humanitarian situation in Darfur and expressing firm support for UNSCR 1706, which expands the mandate of the UN Mission in Sudan (UNMIS) to Darfur. The Conclusions also reiterated the EU's readiness to support the efforts of the UN and others in planning for the transition from the African Union Mission (AMIS) to the UN and urged the Sudanese Government to give its consent to the deployment of the UN.

Democratic Republic of Congo

High Representative Solana briefed on his recent trip to Kinshasa.

The Council adopted Conclusions welcoming the meeting between President Kabila and Vice-President Bemba on 13 September and noting that cooperation between the EU military operation EUFOR RD Congo and MONUC, together with the EU's reinforced police mission in Kinshasa (EUPOL Kinshasa), had proven instrumental in maintaining stability during the electoral process.

The Council adopted Conclusions stressing its commitment to supporting the implementation of UNSCR 1701 and welcoming the early deployment of the Lebanese army in southern Lebanon and the substantial contribution by EU Member States to the reinforced UNIFIL mission.

The Conclusions called on the Presidency, High Representative Solana and the Commission to produce a report on a possible European contribution on the Lebanese-Syrian border and also underlined the EU's commitment to assist the Lebanese government in taking forward reforms in a number of areas.

Middle East Peace Process

The Council adopted Conclusions: underlining its commitment towards the resolution of the Israeli-Palestinian conflict; welcoming the announcement by Palestinian President Mahmoud Abbas of an agreement to form a government of national unity; and expressing the hope that its political platform would reflect the Quartet principles.

High Representative Solana briefed the Council on his meetings with the Secretary-General of the Iranian Supreme National Security Council, Dr Ali Larijani on 9-10 September.

The Council took note of the report by IAEA Director-General El Baradei of 31 August 2006, which concluded that Iran had not complied with UNSCR 1696 and agreed that it was now appropriate to consider next steps.

The Council adopted Conclusions welcoming progress in developing the Iraqi International Compact and reaffirming the EU's readiness to participate actively in the Compact process.

AOB: EU cooperation with the Black Sea region

The Council took note of the request by Greek Foreign Minister Bakoyannis for the EU to strengthen its relations with the Organisation of the Black Sea Economic Cooperation and to develop a comprehensive policy towards the Black Sea region.

AOB: Fight against terrorism — Secret detention facilities

Ministers reiterated their commitment to combating terrorism in accordance with international humanitarian and legal standards, including the Geneva Convention.

21 September 2006

Justice and Home Affairs Council, 24 July 2006

Letter to the Chairman from the Parliamentary Under Secretary of State, Home Office (Joan Ryan)

The Justice and Home Affairs Council will be held on 24 July 2006 in Brussels. I will be attending on behalf of the Home Office. I thought it would be useful if I were to outline the main issues I expect to be discussed.

The Council will take an initial presentation by the Commission on the Hague programme review. There will also be discussion of migration issues and, in the Mixed Committee format, the second generation Schengen Information System. On the first of these, the Commission will present four Communications: the future direction of the Hague Programme which includes a proposed use of Article 42 TEU (the passerelle clause); reviewing the implementation of the Hague Programme to date (the scorecard); options for better evaluation of the impact of EU policies in the area of Justice and Home Affairs (JHA); and a legislative proposal based on Article 67(2) TEC adapting the provisions of the European Court of Justice under Title IV (immigration, asylum and civil law matters). The Presidency has indicated that they will focus on procedure and handling and is not looking for substantive discussion on these items at this Council. Detailed discussion, including in relation to the more controversial aspects, such as the possible use of Article 42 TEU (the passarelle clause) and Article 67(2) TEC (adapting the remit of the ECJ in Title IV) will take place later in the year, including at the September Informal JHA Council in Finland. Those aspects aside, the Governments initial view is to welcome the focus on implementation and more effective evaluation contained in the Communications.

There will be information items on the EU preparations for the UN High-Level Dialogue on International Migration and Development and the report on the outcome of the Euro African Ministerial Conference on migration and development held in Rabat on 10-11 July 2006. The Government welcomes the adoption of the EU common position at the General Affairs and External Relations Council last week, 13 July; we will continue to feed into preparations for the UN High Level Dialogues on International Migration and Development, which takes place in September. There will also be a presentation by the Commission and Frontex (EU Border Agency) on the situation in the Mediterranean and Africa. We expect there to be a focus on the continuing influx of illegal immigrants to the Canaries and Malta. The UK strongly supports EU joint operational activity in the Mediterranean and has offered technical assistance to the Spanish and Maltese authorities.

There will be discussion on the management of migration flows; specifically on the two Commission Communications on: a policy plan for legal migration; and a common policy on illegal immigration. The Presidency will be seeking a first exchange of views on both items. The UK will be encouraging solutions of sharing best practice and establishing common principles, while advising against inflexible, detailed prescription, especially in the form of legislative measures on labour access. The Government is fully committed to tackling the problem of illegal immigration of third country nationals and notes with interest the Commission's Communication; we will examine concrete proposals for measures when they are tabled in due course.

In the mixed committee format the Presidency will be hoping to agree a general approach on the key outstanding issues in the three legal instruments establishing SIS II — a Regulation covering immigration aspects, a Council Decision covering law enforcement aspects and a Regulation covering access by vehicle registration authorities — with a view to reaching a First Reading deal with the European Parliament in September. This is the last opportunity to resolve the major outstanding issues within the Council before the expected EP vote In September. The UK will not participate in the Regulation covering immigration but will participate in the other two legal instruments.

Two further presentations by the Commission are expected in the margins of the meeting. These are on i) a proposal for a regulation setting up the powers and the financing of teams of national border control experts of Member States (Rapid Border Intervention Teams) to provide joint EU technical and operational assistance at the external EU Border, co-ordinated by Frontex and ii) a proposal for a community code on visas — a Schengen measure in which the UK will not participate. Although the UK will not participate in the first proposal, we support the concept of nominated experts deployed at short notice to respond to emergencies to help enhance the security of the EU external border, but will wish to look carefully at the detail.

Finally there is likely to be a lunch time presentation by Commissioner Franco Frattini on the issue of CIA rendition flights.

Justice and Home Affairs Council (Informal), 21-22 September 2006 Justice and Home Affairs Council, 5-8 October 2006

Letter to the Chairman from the Minister of State, Home Office (The Rt hon. Baroness Scotland of Asthal)

I thought that it would be useful if I were to write to you about the Informal JHA Council on 21-22 September and the upcoming JHA Council on 5-6 October 2006, since it is not possible for me to make a written statement to the House due to the timing of recess. The Attorney General, Lord Goldsmith, Joan Ryan and Baroness Ashton attended the Tampere Informal on behalf of the UK. The Home Secretary, Baroness Ashton and I will represent the UK at the October Council.

At the informal Council there was lengthy discussion on the Hague Programme Review and specifically on the Presidency proposal to use Article 42 TEU to transfer third pillar cooperation (police cooperation, judicial cooperation in criminal matters) to the first pillar, changing the decision making procedure to qualified majority voting and co-decision. While there were some who supported the use of Article 42 and a move to QMV, a significant number of those who spoke were opposed or expressed concerns of one form or another. The Government stated that unanimity need be no bar to effective action at European Union level, as demonstrated by the European Arrest Warrant and the establishment of Eurojust and the Borders Agency. The Government also set out the concerns which the UK had about the proposal, many of which were shared by other Member States. No formal decisions were taken and the Presidency concluded that it would reflect on the discussion. Whilst the Hague Programme Review is an agenda item at the October Council, we do not expect lengthy or substantial discussion of Article 42, rather, the Presidency is likely to set out some proposals for handling and next steps. The debate is expected to focus on the substance of the work programme in terms of what we have achieved and what remains to be done The government broadly welcomes the four Commission communications published in July that will form the basis for discussion and we will emphasise the need for practical action and delivery of measures already agreed.

Discussions at the informal Council also focussed on achievements in the area of mutual recognition of criminal decisions and the future development of this work, including parallel action to support mutual confidence in Member States' legal systems. The Commission suggested using the passerelle in Article 42 to improve decision making procedures and proposed bringing out a study in 2007 on the horizontal problems affecting this area. It was agreed that more thorough assessments should be made of the practical need for instruments and Member States' positions before initiatives were presented. The UK commented that the focus should be more on concrete action on the ground and that the EU should be looking less at legislation or harmonisation, but rather at practical measures to encourage mutual confidence.

As regards civil judicial co-operation, there was widespread agreement that this area of work should be looked at more systematically and with more coherence than hitherto, and in particular about the need to simplify cross-border litigation. The UK stressed the need for a focus on practical measures and expressed caution about the possibility of reopening difficult previous agreements.

The Presidency set out the background and conclusions of the London meeting (a multi-Presidency Ministerial meeting convened immediately after the aviation security alert), and the renewed impetus given to the Counter Terrorism action plan. A suggestion that a Europol/SitCen (EU Joint Situation Centre) analysis should be circulated within 36 hours of any major incident was agreed by Europol. Europol can also help more widely with sharing data on explosives and weapons. The Commission recommended that the EU needed teams of Member States' experts ready to assist after an attack. We welcomed the focus on delivery stressing that valuable work had been done, but efforts needed to be stepped up and there was concern that the threat was not perceived equally in all Member States. The Presidency concluded that Member States and Europol/Eurojust should improve their cooperation, interoperability needed to improve and the EU Counter Terrorist coordinator should conduct a detailed analysis.

The Presidency and Commission set out the acute problem of illegal migration facing the EU, in particular in the Canaries. There was discussion on the recent problems southern Mediterranean Member States had experienced with migration problems. The Presidency chaired a discussion on the Common European Asylum System and stressed the importance of the 2010 deadline for a common system. Implementation of the Dublin convention and Eurodac needed to be better.

The informal also discussed the topic of terrorism and organised crime. Europol described the main routes for smuggling and called for more information from Member States about heroin smuggling via Russia.

The Commission remains committed to SIS II implementation although a combination of factors has delayed it. Member States accepted that the original implementation timetable will not be achieved and there was concern at the delay and the political implications for new Member States. The Presidency concluded that there would be further discussion at the October Council.

At the October JHA Council we expect there to be discussion of the delay for SIS II implementation at the October Council and consideration of a proposal to enable new Member States to connect to an enhanced version of SIS I within the current timescales.

The government regrets the delays to the implementation of SIS II and we will be pushing for every effort to implement it as speedily as possible. Whilst we welcome the attempt to find an interim solution, we have concerns about the feasibility of the new proposal and believe that the implementation of SIS II must not be further delayed. This item will be discussed under the main agenda as well as in the mixed committee of Ministers meeting with Norway and Iceland in the margins of the Council.

The Presidency will be seeking political resolution on whether Community finance should be available to fund the purchase or hire of civil protection equipment, and transport of civil protection assistance in response to disasters. The government does not support the proposal on these funding questions. The UK believes as a matter of principle that disaster response is primarily a national responsibility and allowing Community financing would act as a disincentive to member states building up their own civil protection capacity.

The Presidency will be seeking to agree the draft Council Conclusions on reinforcing the southern external maritime border. This item will be discussed under the main agenda as well as in the mixed committee. The government is keen to work with EU partners and neighbouring third countries to prevent irregular migration flows into the EU and will continue to cooperate with the other Member States and Frontex to enhance the security of the external borders.

The Presidency will present the second report from the Commission to the Council on visa waiver reciprocity and there will be discussion on further steps to take. Whilst the UK is not directly involved in EU visa policy, as we retain national control over our borders, the government will be noting the discussion carefully. Schengen countries amended their legislation to take action against third countries who still maintain visa requirements on the newest Member States and whose national can travel to the EU without a visa.

There will be a public deliberation on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving depriation of liberty for the purpose of their enforcement in the EU. Issues that require resolution centre on the extent of the obligation on Member States to accept the return of a prisoner and the extent to which a prisoner should consent to transfer. There was also be a debate on the extent to which the Framework Decision should apply to third country nationals. If the Framework Decision is to have added value the government believes that it should go further than existing Council of Europe arrangements in allowing for transfer without the consent of either the executing State or the prisoner in certain cases. The government believes that the instrument should apply to third country nationals but Member States should have the option to refuse to accept such individuals e.g. where their right of residence may have expired or been revoked.

The Presidency will be looking to agree that negotiations should continue on the substance of the Directive on criminal measures for ensuring the enforcement of intellectual property rights. The government believes it is clear that the issue of the appropriate legal base (whether this work should be based on a first pillar Directive or third pillar Framework Decision) will not be resolved for some time. Of more concern however is that the government is not convinced that there is a need for European legislation approximating offences and penalties in relation to counterfeiting and piracy. At the Tampere informal JHA Council last month we stressed the importance of improving JHA working methods, in particular by only legislating where there is a proven need to do so. The government believes we need to evaluate the effectiveness of two recent Community Directives before we can conclude that additional legislation is required.

There will be public deliberation of the draft Framework Decision on taking account of convictions in the Member States of the European Union in the course of new criminal proceedings. The Presidency will be looking for a general approach on the Articles of the Framework Decision, with a further discussion of the Recitals and opinion of the European Parliament scheduled for a working group thereafter. The Presidency has made efforts to address Member States', including the UKs, concerns on this proposal and we are therefore generally content with the revised version of the text.

The Presidency will be seeking to secure a Council decision on the Commission proposal for definitive anti-dumping measures against imports of certain footwear. The government is not able to support this proposal as we believe the Commission has not demonstrated that it is in the Community interest.

The Presidency will not be seeking political agreement on the proposal to establish the Fundamental Rights Agency but will make a statement on the progress made on this dossier.

There will be information items from the Presidency and Commission respectively on a European Conference on active participation of ethnic minority youth in society and the possibility of initiating negotiations on visa facilitation and readmission agreements with Moldova.

Extraordinary Competitiveness Council, 24 July 2006

Letter to the Chairman from the Parliamentary Under-Secretary of State for Science and Innovation at the Department of Trade and Industry (Lord Sainsbury of Turville)

I attended the extraordinary Competitiveness Council on 24 July. The meeting had been called by the Finnish Presidency with the aim of reaching Political Agreement on the EC 7^th Framework Programme for Research and Technological Development and Demonstration (2007-2013), and on the 7^th Framework Programme of the European Atomic Energy Community (Euratom) (2007-2011).

The two outstanding issues were the conditions under which the ₇th Framework Programme would fund human embryonic stem cell (HESC) research and Austrian concerns over the Commission Joint Research Centre's (JRC) role in nuclear research under the Euratom Treaty.

On HESC research a number of Member States pushed for further restrictions to be added. I argued strongly against this and stated that the position adopted during the 6^th Framework Programme should be maintained. Slovenia withdrew their reservation on Article 6 in their first intervention. After some debate, Italy, Germany and Luxembourg also dropped their objections in return for a Commission Declaration clarifying that the existing informal practise of not funding the initial step of HESC research (i.e. the destruction of embryos) would continue under the 7^th Framework Programme. The exclusion of funding of this step of research will not prevent Community funding of subsequent steps involving human embryonic stem cells. Poland, Austria, Slovakia, Lithuania and Malta voted against.

On the Euratom Programme Austria were able to agree a compromise text on the exact nature of the Commission JRC's contribution to the work of the Generation IV International Forum (GIF) which collaborates on new nuclear reactor designs. This part of the text, which requires unanimous agreement, moved in their direction while allowing enough flexibility for the JRC to collaborate in the full range of GIF activities.

I am pleased to have gained Political Agreement on the whole package of the 7^th Framework Programme. The text we have agreed will now go to the European Parliament for consideration, and I am confidant that this will enable a timely launch of the 7^th Framework Programme in January 2007.

EU Competitiveness Council, 25 September 2006

Letter to the Chairman from the Minister for Trade, Investment and Foreign Affairs (The Rt Hon Ian McCartney)

The following statement provides information on the Competitiveness Council in Brussels on 25 September 2006, at which the UK will be represented by Anne Lambert, Deputy Permanent Representative UKRep.

The first agenda item will be a public debate on Innovation Policy and Competitiveness. The Presidency has set Member States questions in order to identify their priorities for future EU innovation policy. As a result of the discussion, the Presidency will draw up draft Conclusions on the way ahead for EU innovation policy, which will be put to the next Competitiveness Council (4-5 December) for agreement.

The next agenda item is on nominal quantities for pre-packed products, on which there will be a public debate. The Presidency is hoping to achieve political agreement on this amending Directive, which would end most of the existing "specified quantities" on pre-packed products in EU legislation.

Following this, there will be an orientation debate on Single Market Policy. The discussion will be structured around Presidency questions about the kind of Single Market that can best meet the challenges of the future, including enlargement, and how to improve the implementation and enforcement and efficient functioning of the Single Market. In the light of this discussion, the Presidency will draft Conclusions which they will put to the Competitiveness Council for agreement in December, and which will feed in to the Commission's Single Market review.

The Commission will also present the results of the latest Internal Market Scoreboard, which is used to monitor the timely implementation of Internal Market Directives by Member States. The UK performed well in the last scoreboard, meeting the Commission's targets, and being ranked 6th out of 25 Member States.

There will be a public debate on the Consumer Protection Action Programme, where the Presidency is hoping to achieve political agreement. This programme sets out the EU's objectives for consumer policy and details the actions that will require financing. The UK has no outstanding concerns with the proposal.

In addition, there will be five further items taken under "Any Other Business":

a) Progress report on the 7th research Framework programme (EC and Euratom) legislative package. Following political agreement which was reached at the Competitiveness Council in July, the Presidency hopes that the Common Position can be adopted without further discussion at this Council. The Presidency will give an oral progress report.

b) Implementation report by the Commission on retaining and attracting researchers to the European Research Area (ERA). The Commission will provide updated information.

c) 6th Euro-Mediterranean Ministerial Conference on Industry (21/22 September 2008) — The Presidency will provide information on this conference.

d) Communication on Biodiversity — The Commission will present their recent Communication.

e) State of implementation of the Consumer Protection Cooperation Regulation. The Commission will provide an update.

There will be a lunchtime discussion of state aid reform with Commissioner Kroes. Last year, the Commission undertook to revise all state aid frameworks and guidelines and made some proposals for procedural change. The lunchtime debate is likely to be wide-ranging, but given the thrust of the rest of the agenda is likely to focus on Research, Development and Innovation (RD&I).

18 September 2006

EU Competitiveness Council, 25 September 2006

Letter to the Chairman from the Minister for Trade, Investment and Foreign Affairs (The Rt Hon Ian McCartney)

The following statement provides information on the Competitiveness Council in Brussels on 25 September 2006, at which Anne Lambert, Deputy Permanent Representative to the EU, represented the UK.

INNOVATION POLICY AND COMPETITIVENESS

The first agenda item was a public debate on Innovation Policy and Competitiveness. Based on a Presidency questionnaire, the Council held a public debate on the recently adopted Commission Communication "Putting knowledge into practice: a broad based innovation strategy for the EU". Following the informal meeting of Heads of State and Government on 20 October 2006 at Lahti, the Council's preparatory bodies will submit draft Conclusions on innovation policy for adoption at the next Competitiveness Council (4 - 5 December). These will be submitted to the December European Council and will serve as input to the Key Issues Paper for the 2007 Spring European Council.

NOMINAL QUANTITIES FOR PRE-PACKED PRODUCTS

The next agenda item was a public debate on nominal quantities for pre-packed products. The Council reached political agreement on a draft Directive laying down nominal quantities for pre-packed products at EU level. This proposal is aimed at replacing existing legislation in order to abolish nominal quantities of package sizes for most sectors and to maintain obligatory nominal quantities for a very limited number of goods.

SINGLE MARKET POLICY

The Council held an orientation debate on the development of the Single Market policy on the basis of a set of questions prepared by the Presidency. The Council also took note of the information provided by the Internal Market and Services Commissioner, Charlie McCreevy, on the preparation of the Commission's review of its policy for the Single Market. It is intended that the review will lead to conclusions on the future of Single market policy being adopted at a meeting of the European Council in June 2007. Mr McCreevy also presented the results of the latest Internal Market Scoreboard. The UK had performed well, being ranked 6^th out of the 25 Member States for the timely transposition of Single Market Directives.

CONSUMER POLICY PROGRAMME

There was a public debate on the Consumer Protection Action Programme. The Council reached political agreement on a Community programme in the field of consumer protection (2007-2013), which it will adopt once the legal text has been finalised. It will then go to the European Parliament for a second reading under the co-decision procedure.

LUNCH — STATE AID REFORM

Over lunch, Ministers discussed State Aid reform, including recently produced draft guidelines on State Aid for research and development. The discussion was attended by Neelie Kroes, Commissioner for Competition.

OTHER BUSINESS:

The Council noted information from the Presidency and the Commission in the following areas:

Progress with implementation of the 7th framework programmes.

The Commission provided updated information on the 2005 implementation report on retaining and attracting researchers to the European Research Area (ERA).

The Presidency provided information to the Council on the outcome of the 6th Euro-Mediterranean ministerial conference on industry, which took place in Rhodes on 21 and 22 September.

The Commission presented their recent Communication on Biodiversity.

The Commission provided an update of the state of implementation of the Consumer Protection Cooperation regulation.

The Portuguese delegation provided information on the national Lisbon coordinators meeting, to be held in Lisbon on 5th and 6th October.

In addition to these, the Council adopted a common position on a draft decision establishing the 7th research framework programme (FP7) of the European Community (2007 - 2013). The Council's common position will be forwarded to the European parliament with a view to reaching an agreement at the second reading at the December plenary in time for the programme to be implemented from the beginning of January. Adoption follows political agreement reached at the Competitiveness Council on 24th July.

The Council adopted a decision approving the conclusion of an international agreement for implementing the ITER - Fusion energy project. The decision authorises the Commission to conclude an agreement between the EU's Atomic Energy Community (Euratom), China, India, Japan, Korea, Russia and the United States on the establishment of the ITER International Fusion Energy Organisation for the joint implementation of the ITER project. It also provides approval for concluding arrangements for the provisional application of the agreement.

29 September 2006

© Parliamentary copyright 2006
Prepared 30 October 2006