MIGRATION ISSUES: EU INTERIOR MINISTERS REACH KEY

UNCLAS BRUSSELS 001448

SIPDIS

DHS FOR IAO, BORDER PATROL
FOR IAO, BORDER PATROL
DOJ FOR CRM
ROME ALSO FOR INS

E.O. 12958: N/A
TAGS: PREL PREF CVIS CASC KCRM EUN USEU BRUSSELS
SUBJECT: MIGRATION ISSUES: EU INTERIOR MINISTERS REACH KEY
AGREEMENTS ON ASYLUM PROCEDURES

REF: USEU BRUSSELS 742

SUMMARY
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1. At the March 30 Justice and Home Affairs (JHA) Council
meeting, EU ministers reached political agreement on the so-
called "Qualification Directive" that sets out the
eligibility criteria for both refugee status and subsidiary
protection in the EU and the entitlements of those persons
who qualify for that protection, a key element in building a
common EU asylum policy. They also made progress on
establishment of an EU Border Management Agency to increase
operational cooperation between Schengen country border
services, as well as Ireland and the UK. END SUMMARY.

QUALIFICATION DIRECTIVE
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2. The Council reached a political agreement (subject to
formalization of the text) on the Directive setting minimum
standards for the qualification and status of third-country
nationals and stateless persons as refugees or as persons
who otherwise need international protection (REFTEL). In Mc
Dowell's words, the so-called "Qualification Directive" sets
out the eligibility criteria for both refugee status and
subsidiary protection in the EU and the entitlements of
those persons who qualify for that protection. The form of
refugee protection envisaged is essentially the same as
provided for in the 1951 Geneva Convention. The subsidiary
protection provision in the Directive is based on the
protection principles set out in international Human Rights
instruments such as the European Convention on Human Rights
and the UN Convention Against Torture.


3. Mc Dowell and JHA Commissioner Vitorino hailed the
accord as a key achievement in development of an EU asylum
policy. According to Mc Dowell, added to other instruments
already adopted (Dublin II Regulation, EURODAC Regulation,
Temporary Protection Directive, European Refugee Fund,
Reception Standards Directive),the new piece will equip the
EU with "an important body of legislative instruments which
will offer protection to refugees and others in need of
protection, assist in reducing secondary movements of asylum
seekers between our States and help to build confidence in
our individual asylum systems."

MINIMUM STANDARDS ON PROCEDURES FOR GRANTING AND WITHDRAWING
REFUGEE STATUS
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4. Mc Dowell said the "missing piece of the asylum jigsaw"
was the draft Directive on minimum standards on procedures
in member states for granting and withdrawing refugee status
(REF C). Mc Dowell reported progress on some questions,