11 Cooperation with third countries on
Justice and Home Affairs
| (a) (28095) 15363/06 SEC(O6)1498
(28232) 15001/06 — |
Commission staff working document: Progress report on the implementation of the strategy for the External Dimension of JHA : Global Freedom, Security and Justice
Report on the implementation of the Strategy for the External Dimension of JHA: Global Freedom, Security and Justice for the year 2006
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| Legal base | — |
| Document originated | (a) 16 November 2006
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| Deposited in Parliament | (a) 1 December 2006
(b) 11 January 2007
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| Department | Home Office |
| Basis of consideration | EM of 12 January 2007
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| Previous Committee Report | None; but see 14366/3/05 (27077) HC 34-xiii (2005-06), para 17 (14 December 2005)
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| To be discussed in Council | No date set
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| Committee's assessment | Legally and politically important
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| Committee's decision | Both documents cleared
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Background
11.1 In November 2004 the European Council adopted a five-year
programme (known as the "Hague Programme") for the purposes
of strengthening freedom, security and justice in the European
Union. Subsequently an Action Plan was adopted to give effect
to the Hague Programme.[33]
In June 2005 the European Council called for the adoption by the
Council of a strategy on the "external dimension of the area
of freedom, security and justice" (i.e. relations with third
countries and international organisations on these matters).
11.2 We considered the UK Presidency's draft strategy
on 14 December 2005. We welcomed its pragmatic approach, in particular,
its emphasis on practical cooperation with third countries. We
noted that the strategy was based on a number of principles, including
partnership with third countries, the use by the EU of its relationship
with third countries as an incentive for them to adopt and observe
international standards and obligations on justice and home affairs
(JHA) matters, the fixing of priorities for engagement with third
countries being informed by internal and external policies of
the EU and the coordination of activities by Member States and
the Commission so as to avoid duplication in their assistance
programmes. The strategy also emphasised the need for monitoring
and evaluation of all EU action.
11.3 The means which the EU might use to achieve
its JHA objectives in relations with third countries were described
in the strategy as including working with international organisations
such as the UN and Council of Europe, and with regional groupings
such as the African Union and Euromed, ensuring that political
engagements with third countries seeking closer partnership with
the EU cover the full range of JHA issues and improving operational
cooperation with third countries through Europol, Eurojust , FRONTEX[34]
and other bodies. In the short term, the strategy calls for "action
oriented papers" (AOPs) on particular themes, such as cooperation
with North Africa on counter-terrorism, cooperation with the countries
of the Western Balkans and other near neighbours in relation to
organised crime, corruption, illegal immigration and counter-terrorism,
support for countering drug production in Afghanistan, increasing
cooperation on migration with African countries of origin and
transit and working with Russia to implement the Common Space
of freedom, security and justice.
The documents
11.4 The documents consist of a Commission staff
working paper (document (a)) and a report from the Council Secretariat
to the Council (document (b)) both reporting on the implementation
of the strategy in the course of 2006.
11.5 The Commission paper first reviews developments
in the fields of migration, movement of persons, protection of
fundamental rights, counter-terrorism, organised crime, drugs,
operational cooperation and cooperation with international organisations.
It notes the increase of illegal immigration from West Africa
via the Canary Islands and the increased strain for Italy and
Malta and the consequent holding of an EU-Africa regional ministerial
conference in Rabat in July 2006, bringing together the countries
of origin, transit and destination along the migration routes
from West and Central Africa, together with help for Mauritania
to deal with the flow of illegal immigration to the Canary Islands.
This section of the paper also notes the conclusion of visa facilitation
and re-admission agreements with Russia, the initialling of such
an agreement with Ukraine and negotiations with Moldova, Morocco,
Pakistan and Turkey, with negotiations with Algeria expected to
commence shortly. In relation to organised crime, the paper refers
to cooperation with law enforcement agencies in the Western Balkans
and the accession of the European Community to the United Nations
Convention against Transnational Organised Crime. In relation
to drugs policy, the paper refers to the "Action Oriented
Paper" on assistance to Afghanistan and other countries along
the route for smuggling heroin into the EU and initiatives with
Latin American and Caribbean countries to reduce drug use and
cocaine trafficking.
11.6 A further section of the paper describes relations
with particular third countries, drawing attention to the AOP
on improving cooperation between the EU and the countries of the
Western Balkans in relation to organised crime, corruption, illegal
immigration and terrorism and the negotiation of visa facilitation
and re-admission agreements with Bosnia-Herzegovina, Montenegro
and Serbia, and Albania. The paper notes the conclusion, at the
EU-Russia summit of 25 May 2006, of a visa facilitation and re-admission
agreement, the negotiation of a cooperation agreement between
Russia and Eurojust and FRONTEX.
11.7 This section of the paper also notes the strategic
nature of the partnership with the United States, the conclusion
of an EU/US agreement on passenger name records, and of a co-operation
agreement between the United States and Eurojust. The Commission
paper notes a lack of progress towards visa-free travel to the
United States for all EU nationals, and indicates that the Commission
is pursuing work towards achieving a waiver of visas for nationals
of all EU Member States, with another progress report due in March
2007. This work will include cooperation with the ICAO, the United
States and third countries on the introduction of biometric passports.
11.8 A final section of the paper describes technical
assistance being given to near neighbours of the EU in the context
of the European Neighbourhood Policy, including cooperation with
Euromed countries, and implementation of the JHA elements of bilateral
agreements with Morocco, Tunisia, Jordan, Israel (and the Palestinian
Authority), Lebanon and Egypt. Reference is also made to the results
of cooperation with countries of Eastern Europe, notably, Ukraine
and Moldova in relation to the control of borders and money-laundering.
The paper also refers to the EU Strategy for Africa as including
an important JHA element in the form of a commitment by the EU
to support the fight against corruption, trafficking of human
beings and drugs, and organised crime.
11.9 The Commission paper concludes that the thematic
and geographical priorities set out in the strategy remain valid
for the immediate future and that there is presently no need to
change or update its priorities. The Council Secretariat paper
(document (b)) summarises the Commission's paper, drawing attention
to the AOPs on the Western Balkans, on combating drugs from Afghanistan
and on the common space of freedom, security and justice with
Russia.
The Government's view
11.10 In her Explanatory Memorandum of 12 January
2007, the Parliamentary Under-Secretary of State at the Home Office
(Joan Ryan) explains that the strategy document adopted under
the UK Presidency outlines the main external challenges in the
field of freedom, security and justice and seeks to set out principles
and priorities to govern EU action in the field. The Minister
further explains that the progress report describes, in terms
of themes and geographical areas, how key actions from the strategy
have been taken forward.
11.11 The Minister draws attention to the Action
Oriented Papers, which are designed to assess where the EU could
improve cooperation and coordination with priority countries and
help to build capacity and institute reform. Such AOPs have been
prepared on organised crime, illegal immigration and counter-terrorism
in the Western Balkans, drug routes from Afghanistan, migration
from Africa, and taking forward the common space of freedom, security
and justice with Russia. The Minister describes the AOPs as setting
out comprehensive recommendations which will form the basis of
the EU's engagement with the countries concerned in 2007 and beyond.
11.12 The Minister also notes, in particular, the
meetings of JHA Ministers with their counterparts in the USA,
Russia and Ukraine, which included discussion of the issues of
terrorism, drug and people trafficking, visa facilitation and
re-admission, document security and border management. The Minister
adds that the strategy and the AOPs recognise the need to make
extra practical progress in institution and capacity-building,
and comments that "efforts should focus on delivery of results
with particular emphasis on operational co-operation and using
Member States' knowledge to add value to the reform programme
of priority countries".
Conclusion
11.13 We thank the Minister for her Explanatory
Memorandum, and we endorse her comment that efforts under the
strategy should focus on practical results, with the emphasis
on operational cooperation.
11.14 The progress reports from the Commission
and Council Secretariat helpfully describe current activities
under the strategy in an accessible form. Perhaps understandably,
they contain little by way of analysis of the effectiveness of
the activities concerned, and we would expect to see some such
assessments being made in future reports.
11.15 We now clear the documents.
33 (26566) 8922/05: see HC 34-iv (2005-06), para 22
( 20 July 2005). Back
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European Agency for the Management of Operational Cooperation
at the External Borders. Back
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