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81WS<br />

Written Ministerial Statements<br />

1 DECEMBER 2010<br />

Written Ministerial Statements<br />

82WS<br />

legislative proposals on their merits in consultation with<br />

our European partners and relevant EU institutions.<br />

The Council will then receive updates from the<br />

Commission on the Mediterranean Office for Youth,<br />

the Greek national action plan on asylum and migration<br />

and a legal migration conference held on 26 November.<br />

The Mediterranean Office for Youth supports circular<br />

migration for educational purposes. The UK is not a<br />

participant in the Mediterranean Office for Youth, which<br />

is restricted to members of the Union for the<br />

Mediterranean. The UK considers the Greek national<br />

action plan on asylum and migration (the “Greek Action<br />

Plan”) to be key in increasing the ability of Greece to<br />

act as an efficient partner in countering illegal migration.<br />

Alongside other EU member states we have offered<br />

practical assistance to Greece, however we would like to<br />

see the establishment of an effective Commission-led<br />

process to ensure co-ordination and prioritisation; avoid<br />

duplication of member states’actions; ensure the availability<br />

of clear, accessible funding streams to support the<br />

action plan; and the setting of clear timescales for<br />

action and milestones for progress. The presidency will<br />

also present their conclusions following the conference<br />

on legal migration.<br />

Over lunch Interior Ministers will be asked to agree a<br />

regulation to create an agency for large-scale IT systems<br />

in the JHA field. This would be accompanied by a<br />

Council decision ensuring full UK participation in the<br />

agency, which was a Government priority as the agency<br />

will manage a number of existing systems in which we<br />

participate (Eurodac and the second generation of the<br />

Schengen Information System). While the Government<br />

are content with the text as drafted some member states<br />

have maintained reserves which will need to be resolved<br />

before the Council, in particular concerning the location<br />

of the agency. Also during lunch Ministers will discuss<br />

alternatives to detaining children for immigration purposes.<br />

The UK Government are committed to ending the<br />

detention of children in the UK and a review is currently<br />

underway to consider how this can be done in a way<br />

which protects the welfare of children and ensures that<br />

families leave when they have no right to be in the UK.<br />

This will be an opportunity to share experience and<br />

ideas with other member states who are also dealing<br />

with this difficult issue.<br />

After lunch, the Commission will present their draft<br />

action plan on combating heavy arms trafficking. Should<br />

this plan be endorsed during this Council, the EU will<br />

have an integrated approach to combating arms trafficking,<br />

and more particularly heavy fire arms.<br />

Next the presidency will present for agreement Council<br />

conclusions on itinerant gangs which seek to define the<br />

problem of itinerant crime groups and agree an<br />

administrative approach to tackle the problem, including<br />

increased cross-border co-operation. The Council will<br />

also be asked to agree draft Council conclusions on<br />

preventing and combating identity related crimes and<br />

on identity management.<br />

The Council will be asked to agree negotiating mandates<br />

which will authorise the start of negotiations between<br />

the EU and the <strong>United</strong> States, Canada, and Australia<br />

for the transfer and use of passenger name records<br />

(PNR) to prevent and combat terrorism and other<br />

forms of serious cross-border crime. Clear PNR agreements<br />

between the EU and Australia, Canada and the US will<br />

play a vital role in removing legal uncertainty for air<br />

carriers flying to those third countries. It will also help<br />

ensure that, w<strong>here</strong> appropriate, PNR data can be shared<br />

quickly and securely with all necessary data protection<br />

safeguards in place. The Government are content with<br />

the proposed negotiating mandates but has yet to take a<br />

decision on whether or not to opt in. The Government<br />

strongly believe that early publication of an EU PNR<br />

Directive covering intra-EU as well as external flights is<br />

vital to the safety and security of EU citizens.<br />

Next the EU CT co-ordinator will present a discussion<br />

paper to Council on an EU CT strategy which covers<br />

transport security, terrorist travel, cyber threats, the<br />

external dimension of CT and fighting discrimination<br />

and social marginalisation of Muslims.<br />

The UK welcomes the paper as a useful starting<br />

point for further policy discussions. The EU CT<br />

co-ordinator will also provide an update on progress<br />

against the EU action plan on combating terrorism to<br />

date.<br />

The presidency will seek agreement on a paper on a<br />

system for sharing information on terrorist threat levels<br />

in the member states. The UK supports improvements<br />

to the information sharing mechanisms on terrorist<br />

threat levels at the EU level while maintaining that<br />

changes to threat levels remain a member state competence.<br />

The Council will also be asked to reach agreement on<br />

a paper recommending proposals to strengthen aviation<br />

security following the incident at East Midlands airport.<br />

This paper will go jointly to the Transport and JHA<br />

Councils on 02 December for agreement. The UK<br />

welcomes this report and will press for early, effective<br />

and co-ordinated action.<br />

Commissioner Malmström will present her EU Internal<br />

Security Communication, which looks to translate the<br />

Council’s EU internal security strategy into action points<br />

and will seek initial views from member states. The text<br />

was published on 23 November. The Government are<br />

t<strong>here</strong>fore considering the detail of what is proposed and<br />

will set out their initial views at the Council.<br />

On the justice day, the Council will be asked to agree<br />

the text of the EU directive on human trafficking. In<br />

June, the Government made a decision not to opt in to<br />

the directive, but to review its position after adoption,<br />

at which point the UK could apply to opt in retrospectively.<br />

The directive is in its final stages of negotiation; t<strong>here</strong><br />

is a qualified majority in the Council and should the<br />

European <strong>Parliament</strong> also agree the text in December<br />

adoption will follow.<br />

The presidency will then seek a general approach on<br />

the draft directive on combating sexual exploitation<br />

and abuse of children and child pornography. This draft<br />

directive aims to update existing EU legislation in the<br />

area of combating child sexual exploitation and<br />

pornography in line with technological developments<br />

such as the use of webcams to bully children into sexual<br />

posing (a pornographic performance). The Government<br />

are seeking scrutiny clearance to enable the UK to<br />

support the presidency in reaching a general approach.<br />

T<strong>here</strong> will be a state of play report on the European<br />

Investigation Order (EIO), which is a draft directive<br />

aimed at streamlining the system of mutual legal assistance<br />

between participating EU member states. The presidency<br />

will report progress on negotiations but is not expected<br />

to seek agreement on any issues at this time. The<br />

Government will take the opportunity to press for<br />

further detailed work on the grounds for refusing assistance.

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