EU-JHA: LEADERS ENDORSE NEW MULTI-ANNUAL

UNCLAS BRUSSELS 004789

SIPDIS

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

E.O. 12958: N/A
TAGS: PREL PTER SMIG PREF CMGT CVIS KCRM EUN USEU BRUSSELS
SUBJECT: EU-JHA: LEADERS ENDORSE NEW MULTI-ANNUAL
PROGRAM FOR FREEDOM, SECURITY AND JUSTICE

REF: USEU BRUSSELS 4619


1. EU leaders at their November 5 European Council
meeting endorsed the new multi-annual program for
"strengthening freedom, security and justice in the
European Union" as prepared by their Justice and
Home Affairs Ministers in the October 25 Council
meeting (REFTEL). Dutch PM/European Council chair
Balkenende described the new plan, called "The Hague
Program," as an "ambitious, crucial contribution to
a safer Europe, in which justice and freedom are
central." The plan covers asylum and migration
issues, including border management, the integration
of non-EU nationals, cooperation with countries and
region of origin, and visa policy, as well as the
fight against terrorism, judicial and police
cooperation, and civil law (the drugs strategy
component will be added at the year's end).
Balkenende said all leaders recognized the need to
focus on effectiveness, cooperation in the fight
against cross-border crime, and the sharing of
information between law enforcement authorities.
Full text of the program appears in annex to the
Presidency conclusions of the European Council
available from http://ue.eu.int.


2. The leaders easily concurred on the two issues
left outstanding by their JHA Ministers. They
confirmed the Common European Asylum System should
be completed by 2010. Balkenende said they also
agreed in principle that nearly all EU decisions in
the field of asylum, migration and border control
will be taken by qualified-majority voting (QMV) in
the Council and involvement of the European
Parliament through the co-decision procedure. A
deadline of April 2005 is set for the Council to
take the formal decision moving these areas to QMV
and co-decision, as provided for under current EU
treaties. The only areas to continue under
unanimity (at the insistence of Germany and several
other countries) would be policies on legal
migration, a derogation that would end if the new EU
Constitutional Treaty ever successfully enters into
force. The UK, Ireland and Denmark have opt-outs on
visas, asylum and immigration and do not feel
concerned by this development. Asylum and visa
policy are already governed by QMV, although
Parliament is only consulted on visa issues.


3. Balkenende said the leaders tasked the
Commission to present an action plan in 2005 in
which the aims and priorities of the multi-annual
program will be translated into concrete measures
with a timetable for the adoption and implementation
of the specific proposals. FM Bot said EU
governments had still to decide on the location of
for the European Agency for the Management of
Operational Cooperation at the EU External Borders,
to be established on May 1, 2005. Should this prove
impossible within the next few weeks (main
contenders are Budapest and Warsaw),the Agency
would start operating from Brussels as its
provisional seat.

SCHNABEL