Justice and Home Affairs (Pre-Council Statement)

Tuesday 8th March 2016 Written Statements

[The Secretary of State for the Home Department (Mrs Theresa May)]

The Justice and Home Affairs (JHA) Council is due to be held on 10 and 11 March in Brussels. I will be attending Interior Day on behalf of the United Kingdom.

Thursday (Interior Day) will begin with a discussion on migration, continued over lunch, during which the Council will evaluate the implementation of measures taken by the EU and member states to address the migration crisis. The discussion will also consider what further action should be taken. I will use this discussion to reinforce our longstanding messages on securing the external EU border and the effective implementation of “hotspots” in Greece and Italy and the UK’s ongoing contribution to joint efforts in these areas. I will set out our view that we should not replace the longstanding principles of the Dublin regulation, and that any reform should focus on making the existing principles work better. I will also urge EU colleagues to consider whether current EU asylum systems allow member states to respond effectively to the migration crisis and will use the discussion to encourage more radical thinking on how the EU collectively restores control over the system. Lastly, I will reaffirm the importance of a coherent approach along the migration routes, from countries of origin through to countries of destination. In this regard it is essential that the EU and member states continue collective efforts to address migratory flows further upstream, both on the eastern Mediterranean and the central Mediterranean routes, including implementation of the priorities agreed under the Valletta action plan.

This will be followed by discussion on the proposal for a regulation setting up a European Border and Coast Guard Agency, which is likely to focus on the “right to intervene” and concerns that some member states have around national sovereignty. The presidency are aiming for a general approach in April and political agreement by June in order to make the new system operational as soon as possible. The Government support the strengthening of the external border but, as the proposal builds on provisions of the Schengen aquis in which the UK does not participate, the UK will not be bound by this regulation. The Government’s policy priorities in this negotiation are to ensure a continuation of our current relationship with Frontex, whereby the UK participates in operations and other activities on an ad hoc basis by mutual consent, to maintain our seat (as a non-voting observer) at the Management Board, and to protect and ensure no adverse impact on our existing bilateral arrangements such as those in operation at the juxtaposed controls. The UK supports the proposal that the Council take a greater role in the decision making process, rather than that decision resting with the Commission.

There will then be a first reading on a proposal for a directive of the European Parliament and of the Council amending Council directive 91/477/EEC on control of the acquisition and possession of weapons. The presidency will seek a steer from the Council on a number of policy issues.

The counter terrorism agenda item will commence with a presentation, based on a paper, by the counter terrorism co-ordinator. The presentation reviews progress made against the 20 November 2015 Justice and Home Affairs Council conclusions. The UK will continue to push for our priorities on the firearms directive including a prohibition on certain high powered semiautomatic weapons. I will outline our priorities of the effective and reciprocal sharing of information between Schengen and non-Schengen states as concerns refusals of entry, removals and visa revocation.

Friday (Justice Day) will begin with discussion of the draft EU directive on combating terrorism, which will revise the 2002 framework decision on combating terrorism (2002/JHA/475), as amended, with a view to reaching a general approach. The UK has decided not to opt in to the directive. The UK has, however, been an active negotiator and continues to support international collaborative efforts to tackle foreign fighters. The Government broadly support the aims of the directive, which seeks to ensure further compliance with UN Security Council resolution 2178, and the Council of Europe additional protocol to the 2005 convention on the prevention of terrorism. The Government have decided not to opt in to this draft directive, as the UK is already compliant with those international obligations.

There will follow a progress report on the digital single market, specifically on the proposed supply of digital content directive and the distance sales of goods directive. In December the Commission published two new draft directives as part of the digital single market strategy to harmonise consumer contractual rights for the sale of digital content. The Government welcome this approach, which should align progress on the tangible goods proposal with the result of the Commission’s research for the consumer protection regulatory fitness and performance programme (REFIT programme) which aims to cut red tape, remove regulatory burdens, simplify and improve the design and quality of legislation.

This will be followed by a policy debate on the proposal for a European Public Prosecutor’s Office. The UK will not participate in the proposal, and the discussions are not expected to cover how the European Public Prosecutor’s Office might seek to work with non-participating member states such as the UK.

The Commission will be providing an update on the progress of the EU-US umbrella agreement which is a draft agreement between the US and the EU on the protection of personal information; on its proposals for the EU to sign and conclude the Council of Europe convention on preventing and combating violence against women and domestic violence; and on its dialogue with IT companies on tackling online hate speech. The presidency will provide an update on the outcomes of its 7 March conference on securing, exchanging and using e-evidence.

Over lunch, the Commission intends to present a short update on the “EU-US Privacy Shield”, intended to provide a renewed framework for the transatlantic transfer of personal data, on work on radicalisation in prisons and on proposal to authorise enhanced co-operation in relation to matrimonial property regimes. The UK will not be participating in any such enhanced co-operation.

[HCWS596]