B4-0469/94

Resolution on the progress made during 1994 in the implementation of cooperation in the fields of justice and home affairs pursuant to Title VI of the Treaty on European Union

The European Parliament,

-having regard to Article K.6 of the Treaty on European Union,

A.whereas the Union possesses a unique institutional framework and respects the fundamental rights and national identity of its Member States, whose systems of government are based on democratic principles,

B.whereas all the possibilities for cooperation in the fields of justice and home affairs provided for in Title VI of the EU Treaty must be fully exploited in order to achieve the objectives of the Union set out in Article K.1 of the EU Treaty,

C.whereas the Presidency and the Commission are required to keep the European Parliament regularly informed of the activities carried out in this area, pursuant to Article K.6, first paragraph, of the EU Treaty, and whereas the Presidency must consult the European Parliament on the principal aspects of activities in these areas and ensure that its views 'are duly taken into consideration', as stipulated in Article K.6, second paragraph, of the EU Treaty,

D.whereas the implementation of Title VI requires an agreement between the Council, the Commission and the European Parliament and whereas interinstitutional negotiations are currently under way,

E.whereas there have been regrettable delays in the achievement of the objectives set out in Article K.1(1) to (9) of the EU Treaty,

F.whereas important initiatives such as the Dublin Agreement on Asylum Policy, the Agreement on the Crossing of the Community's External Borders, measures on a common visa policy and numerous initiatives aimed at common measures in the context of a European immigration policy which the Council - unlike Parliament - has made a condition for the creation of freedom of movement in the EU, although they should for this reason be treated as a priority by the Council, have in spite of the urgency of the outstanding questions in this area still not been applied,

G.whereas it is necessary to combat organized crime, including illegal trafficking in nuclear materials, whereas the world ministerial conference on organized transnational crime (Naples 21-23 November 1994) demonstrated the alarming development of transnational organized crime, which uses increasingly sophisticated means to neutralize the frequently inadequate efforts of states to combat its activities, and recommended a more effective form of international collaboration to prevent and suppress such crime, and whereas the failure to meet the October 1994 deadline for the adoption of a draft convention on Europol is an example of the delays that have occurred in the work of the Council of Ministers for Justice and Home Affairs,

1.Considers that the implementation of cooperation in the fields of justice and home affairs has been inadequate and has not lived up to the expectations of European citizens;

2.Believes that this situation is due:

-on the one hand, to the fact that certain Member States have insisted on the use of intergovernmental cooperation practices within the Council and that, despite the efforts of successive Presidencies, the constructive approach taken by the Commission and the broad consensus among the Member States with regard to important conventions, the unanimity rule has stood in the way of progress;

-on the other hand, to the structure and restrictive nature of Title VI itself, a fact which makes it more necessary than ever that the parts of the Treaty dealing with justice and home affairs should be amended at the 1996 Intergovernmental Conference;

3.Demands full compliance with the obligations incumbent upon the Council and the Presidency under Article K.6 of the EU Treaty, namely:

-the obligation to keep the European Parliament regularly informed, in accordance with Article K.6, first paragraph, which in practical terms means providing regular information to Parliament's Committee on Civil Liberties and Internal Affairs;

-the obligation to consult the European Parliament, in other words its competent committee, on the principal aspects of activities in the fields of justice and home affairs, in accordance with Article K.6, second paragraph, and, in particular, the obligation for the Presidency to consult Parliament prior to any decision taken by the Council pursuant to Article K.3(2);

-the obligation to consult the European Parliament prior to any decision taken by the Council, in accordance with Article K.6, second paragraph, since failure to do so would mean that democratic principles were not being honoured;

calls for prior and direct information as well as a response to all Parliament's recommendations; where applicable, the Council should communicate the reasons for its rejection;

4.Notes that the consultation referred to in the third indent of the previous paragraph took place only when the Commission proposed adoption of a convention on the external borders and a convention on the protection of financial interests, pursuant to Article K.3 of the EU Treaty;

5.Calls for the annual debate on the progress made in implementing Title VI, provided for in Article K.6, third paragraph, to be held on the basis of a written report by the Council;

6.Calls on the Council and the Commission to conclude an interinstitutional agreement with the European Parliament as soon as possible on the practical aspects of the implementation of Title VI of the EU Treaty;

7.Criticizes the Council's practice of adopting resolutions, recommendations, conclusions and declarations, the unaccountable nature of which is further increased by the fact that they are not published in the Official Journal;

8.Recalls that the provisions of Title VI of the EU Treaty are intended to be 'without prejudice to the powers of the European Community', and are designed to complement those powers and to contribute to the achievement of the objectives of the European Union;

9.Reaffirms its view that the absence of compensatory measures and the slowness of the relevant decision-making procedure cannot be used to justify the failure to complete the abolition of border controls; points out that Article 7a of the EC Treaty provides for the free movement of persons to be introduced by 31 December 1992; refers to the procedure under Article 175 of the EC Treaty pending before the Court of Justice of the European Communities;

10.Considers that steps must be taken to apply Article K.9 of the EU Treaty, particularly as regards asylum and immigration, and invites the Commission to submit proposals to this end;

11.Reaffirms that measures to combat racism and xenophobia form part of the policy of the European Community and draws the Council's attention to the work already undertaken in this field by the European Parliament and the Council of Europe; welcomes the Franco-German initiative to establish a consultative committee and hopes that the proposals put forward by this committee will be in keeping with the numerous positions adopted by the European Parliament on this subject, and will advocate maximum use of measures within a Community framework, in order to avoid new intergovernmental arrangements which would not be subject to parliamentary control;

12.Regrets the failure to take a decision on Europol within the deadline set, demands to be consulted on the draft convention, and insists that Europol be given adequate resources to enable it to play an effective role in the fight against organized crime, while taking into account the views already expressed on other occasions by the European Parliament with regard to data protection, respect for civil liberties and civil rights;

13.Regrets that the Council resolution of 20 June 1994 on restricting the admission of third country nationals to the Member States for the purposes of employment was adopted without consultation of the European Parliament and the national parliaments and condemns the fact that the spirit of this resolution runs counter to the views frequently expressed by the European Parliament;

14.Calls for the regulation on the protection of the Community's financial interests to be accompanied by a directive on the procedures for imposing sanctions pursuant to Article 209a of the EC Treaty;

15.Condemns the lack of openness in decision-making and expresses its concern with regard to respect for individual freedoms and guarantees of individual legal protection in the areas covered by the third pillar;

16.Expresses concern at the establishment within the Council of new permanent structures consisting of experts from the Member States whose responsibilities overlap with those of structures already existing within the Commission;

17.Welcomes the decision to appoint a single Commissioner with responsibility for matters relating to justice and home affairs and suggests that a Commissioner should be given responsibility for coordination in the fields of racism and human rights within the Commission;

18.Notes the progress made with regard to:

-the Council's decision to adopt a joint action to facilitate travel by pupils from third countries resident in a Member State;

-the draft convention on family and inheritance law;

-the gradual harmonization of Member States' policies in the field of readmission;

-the implementation of the Berlin Declaration following the Conference of 8 September 1994 on Drugs and Organized Crime with the countries of central and eastern Europe;

19.Regrets, however, that little or no progress has been made in most of the areas provided for in Article K.1(1) to (9), particularly the following areas:

(a)Asylum and immigration

-ratification of the Dublin Convention of 15 June 1990 by all Member States,

-harmonization of the definition of 'refugee' within the meaning of Article 1A of the Geneva Convention and approximation of conditions for the acceptance of refugees,

-temporary protection for vulnerable groups, including the victims of civil wars,

-solidarity in burden-sharing in the reception of refugees from the former Yugoslavia,

-the situation of third country nationals legally resident in a Member State,

-compensatory measures for the implementation of the convention on the crossing of borders and free movement of persons,

(b)Police and customs cooperation

-measures to combat drugs and organized crime,

-delays in drawing up the CIS (Customs Information System) and EIS (European Information System) conventions,

(c)Judicial cooperation

-judicial cooperation to combat international organized crime including the trade in human beings,

-simplification of procedures for forwarding legal acts between Member States;

20.Instructs its President to forward this resolution to the Council, the Commission, the Economic and Social Committee and the governments and parliaments of the Member States and the applicant countries.