A3-0436/93

Resolution on participation by the European Parliament in international agreements by the Member States and the Union on cooperation in the fields of justice and home affairs

The European Parliament,

-having regard to the Treaty on European Union signed at Maastricht on 7 February 1992, which entered into force on 1 November 1993, and in particular Title VI thereof,

-having regard to the Convention determining the State responsible for examining applications for asylum lodged in one of the Member States of the European Communities, the Dublin Convention on the right of asylum,

-having regard to the draft Convention on the crossing of EC external borders,

-having regard to the Convention applying the Agreement between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic, on the gradual abolition of checks at their common borders, the so-called Schengen Implementation Agreement,

-having regard to its resolution of 15 July 1993 on cooperation in the fields of justice and home affairs under the Treaty on European Union (Title VI and other provisions),

-having regard to the Rules of Procedure of the European Parliament (and in particular Chapter XVI, Rules 93 and 94), which entered into force on 1 November 1993,

-having regard to the motion for a resolution by Mr Malangré and Mr Jarzembowski on internal security in the Community (B3-0996/93),

-having regard to Rule 148 of its Rules of Procedure,

-having regard to the report of its Committee on Civil Liberties and Internal Affairs (A3-0436/93),

A.whereas cooperation between the Member States in the fields of justice and home affairs is among the main tasks facing the European Union and indirectly affects the rights and obligations of citizens of the Union and whereas the European Parliament should therefore effectively participate in drawing up and implementing international agreements in this area,

B.whereas this main task must be carried out in relation to the free movement of persons and citizenship of the Union provided for by the Treaty,

C.concerned that cooperation among the Member States in the field of police cooperation is conducted by means of the regular meetings between the ministers concerned and of working parties, through 'joint action', 'resolutions' and 'statements', for which there is no basis in the Treaties, thereby excluding not only the Institutions of the Union but also the parliaments and courts of the Member States,

D.whereas cooperation in the above spheres which in the past consisted almost exclusively of intergovernmental agreements must be integrated in the medium term in the activities of the European Community and whereas a transitional solution between the institutions of the European Union should now be reached to enable Parliament to effectively participate in the drawing up and implementation of international agreements in this area,

E.whereas the above principles must also be recognized by the countries which are applying for accession and the European Union should therefore incorporate these objectives in the negotiations for accession,

F.whereas agreements in the fields of justice and home affairs are also concluded at international conferences and talks, for example under the auspices of the Council of Europe and with East European or North American States; whereas the European Parliament, like the parliaments of the Member States, should be informed of such agreements and able to participate in them effectively,

G.whereas even international agreements concluded only between individual Member States, for instance the Convention applying the Schengen Agreement, in practice govern cooperation in the fields of justice and home affairs in the European Union and affect the rights and duties of the citizens of this Union and whereas the European Parliament should therefore also effectively participate in these cases,

H.whereas texts concerning cooperation with regard to the right of asylum (for example concerning unfounded applications) by which the Member States are bound are also already interpreted at national level as international obligations, and whereas it is therefore no longer possible to distinguish them from international agreements except in terms of form,

I.whereas the joint positions referred to in Article K.3, in so far as they concern regulatory provisions, and agreements are unquestionably among the main aspects of the activities in the fields referred to in Title VI of the Treaty on European Union and whereas, as the Presidency is required to ensure that the views of the European Parliament are duly taken into consideration, this consultation must be carried out in advance,

J.whereas it is desirable to distinguish clearly between three categories of procedures: procedures provided for by the Treaty establishing the European Community, procedures provided for by Title VI of the Treaty on European Union, and procedures provided for by normal international conventions among the twelve Member States outside the sphere of the Union,

1.Calls on the Council and Commission forthwith to enter into negotiations with Parliament on the conclusion of an interinstitutional agreement on participation by the European Parliament in international agreements by the Member States as referred to in Title VI of the Treaty on European Union;

2.Is firmly convinced that such an agreement must contain at least the following elements:

(a)Parliament must be notified immediately of any initiative taken by one or more Member States, the Council or Commission to draw up a new agreement; Parliament must be given due opportunity to make its views known before the Council takes a decision;

Parliament should also participate in the decision whether such an agreement is desirable and if so, whether it would not be preferable to implement the procedure provided for in Article 100c of the EC Treaty in conjunction with Article K.9 of the Treaty on European Union;

(b)Parliament shall fully participate in deliberations between the Member States, the Council and Commission on the contents of any such agreements;

The Coordinating Committee provided for in Article K.4 of the Treaty on European Union and the relevant parliamentary committee shall engage in close cooperation on this matter;

(c)Parliament must give its assent before any such agreement can enter into force. The agreement must contain provisions on this matter and stipulate that the Court of Justice shall have jurisdiction to interpret its provisions, in accordance with the last subparagraph of Article K.3(2);

(d)Parliament and its relevant committee must be regularly notified of the implementation of any agreement and, if necessary, participate in amending the agreement, even through its own proposals;

(e)the above principles shall apply mutatis mutandis to the implementation arrangements in respect of agreements;

(f)the above principles shall apply mutatis mutandis to agreements to be concluded with third countries;

3.Calls on the Council and Commission forthwith to introduce these proposals for an interinstitutional agreement in the negotiations for accession and to notify Parliament of the positions adopted by the applicant countries;

4.Calls on the individual Member States officially to notify it whether they are prepared to support and actively to promote Parliament's participation in the drawing-up and implementation of agreements even where these agreements are concluded between individual Member States, as in the case of the Convention applying the Schengen Agreement and agreements with third countries in the fields of justice and home affairs and believes that, inter alia and as a matter of priority, the Schengen agreements, the Dublin Convention and the statements, resolutions, joint positions etc. concerning refugees should be replaced with agreements pursuant to Title VI of the Treaty on European Union;

5.Takes the view that in the fields of justice and home affairs Parliament should also be involved, by means of a special procedure, in agreements between Member States which have not been concluded in accordance with the procedure laid down in Title VI of the Treaty on European Union;

6.Wishes to receive from the Council presidency within six months an overview of all existing agreements and other binding texts (of an international nature) such as resolutions of the immigration ministers etc. involving the Member States, and together with this overview a statement of the Council's views as to which agreements or texts ought to be replaced with an instrument based on the Treaty establishing the European Community or Title VI of the Treaty on European Union;

7.Instructs its President to forward this resolution to the Council, the Commission and the governments and parliaments of the Member States and the States applying for accession.