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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.