23 November Justice and Home Affairs Council

Date: 30/11/1995

FOR their second formal summit in succession, EU leaders will struggle in Madrid in December to find a way out of the log-jam over the future of the fledgling criminal intelligence agency Europol. Spain's Interior and Justice Minister Juan Alberto Belloch wants EU foreign ministers and then the summit to tackle the issue, insisting an end to the deadlock could “no longer be delayed” after the UK thwarted a compromise which would have involved the European Court of Justice (ECJ) in the application of the convention. The other 14 member states were prepared to agree to a formula, allowing them to choose whether to accept ECJ jurisdiction or not. But the UK argued sufficient judicial remedies exist at national level.

EUROPOL is not the only subject facing the Madrid summit. It will also be asked to agree a statement on racism and xenophobia. This would confirm that public incitement to hatred on racial, religious, ethnic or national grounds would be an offence. Although common standards would be set for unacceptable behaviour, member states would be free to decide the appropriate punishment. The UK angered its partners by opposing the text, arguing insufficient time had been available to examine its full legal implications, which could mean changes to the UK's criminal law.

MINISTERS formally signed the La Gomera declaration which makes the fight against terrorism a major political priority in the Union. It involves stepping up cooperation, with emphasis on closing legal loopholes between different judicial systems, improving extradition procedures and more exchange of information. Governments are also committed to improving the combined efforts of their police forces and judicial authorities.

UNION governments agreed in principle a common definition of the term “refugee” in the Geneva Convention. The decision provides for various criteria to be applied to determine the status of refugee and is a further element towards the creation of a joint EU policy on immigration and rights of asylum.

MEASURES to strengthen the protection of the Union's finances against fraud were agreed, with the addition of a protocol to the convention on the protection of EU financial interests signed earlier in the year. This aims to harmonise national legislation, which fails to cover - or only does so in exceptional circumstances - the behaviour of EU officials or of civil servants from other member states found to be committing fraud against the EU budget.

IRELAND and the Netherlands, the only two countries of the original 12 who signed the Dublin Convention in 1990 who have yet to ratify it, informed their colleagues that they intended to complete the process in the coming months. The convention sets out procedures for handling asylum requests.

THE Council agreed in principle on airport transit arrangements designed to close a loophole used increasingly to enter a member state illegally. Ministers approved a list of ten countries such as Afghanistan, Ghana, Iraq and Sri Lanka whose nationals will need an airport transit visa when passing through an EU airport. Member states may add extra names and all except the UK and Ireland have also placed Bangladesh and Pakistan on the list.