Brussels, 05/12/2000 (Agence Europe) - During the Justice/Home Affairs Council sitting last Friday at the level of Interior Ministers under the chairmanship of Mr Christian Paul (France), the following results were noted:

• Repression of assistance to illegal entry and residence, definition of assisted entry. The Council held an exchange of views on the draft framework decision aimed at strengthening the penal framework for repression of this kind of activity, and on the draft directive aimed at defining assisted entry. This round-the-table discussion allowed one to note that the Council is paying greater attention to the respect of work by humanitarian organisations, which voluntarily provide assistance to immigrants in an unlawful situation as well as protection to the victims of human trafficking. A large majority of delegations are willing to accept that, in the most serious cases, the maximum penalty imposed amounts to at least eight years in prison. On the other hand, regarding the requirement that making money should be one of the constituent elements of infringement, there was no unanimous response at this stage ("We are still far from an agreement", commented French Secretary of State Christian Paul). The Committee of Permanent Representatives will continue its work on the basis, among other things, of an enhanced version of the humanitarian clause advocated by Belgium. Finally, it is to be noted that Sweden expresses reserve about the fact that its legislation does not impose sanctions for the repression of assistance to unlawful entry and residence. Ms Maj-Inger Klingvall, Swedish Interior Minister, nonetheless stated she intended to review the matter in the near future at national level.

• Harmonisation of penalties imposed on carriers of third country nationals who do not hold the necessary entrance papers. During the discussion, three delegations maintained their reservation about this draft directive, which explains why the issue was referred to Coreper. The reservation expressed concerns the amount of the fines imposed (EUR 5,000, according to the proposal on the table) and respect of Member State practices when the person transported presents a request for asylum. It should finally be noted that Sweden expresses reserve of a legal kind, as its internal legal system does not provide for the imposition of fines on carriers. According to Christian Paul, Ms Maj-Inger Klingvall nonetheless promised to ensure that an agreement would be reached by the end of the year.

• Combating illegal immigration channels. The Fifteen adopted Conclusions aimed at strengthening Member State cooperation in this field. EUROPE will come back to this.

• Parallel agreement at the Dublin Convention with Iceland and Norway. The Council noted the draft agreement negotiated by the Commission with these countries and invited it to present a draft Decision in order to allow speedy signing of the agreement after consultation with the EP. The agreement will be linked to the entry into force of the Schengen Agreement in the northern countries from March 2001. EUROPE recalls that the Dublin Convention determines which State is responsible for examining a request for asylum.

• Conditions for hosting asylum seekers. The ministers adopted Conclusions showing their determination to combat the prevailing lack of balance for taking in asylum seekers, depending on the Member State. EUROPE will return with more detail.

• List of countries subject to visa obligations. As reported in EUROPE (see our bulletin of 2 December, p.9), the Council decided to lift the visa obligation for Bulgaria as soon as the regulation concerned has taken effect and then to move on to lifting this obligation for Romania, on the basis of a report to be established by the Commission on the commitments this country is willing to take regarding unlawful immigration and residence (including the repatriation of persons from this country in an illegal residence situation). The Council accompanied its agreement with two declarations on the minutes: a) Bulgaria. Before formal adoption of the regulation, the Council calls on the Commission to present, within two months, a report on the measures taken by Bulgaria in order to curb unlawful immigration and the illegal residency of persons from this country to the Member States, and on repatriation of these persons as well as the commitments taken by Bulgaria towards the Community and its Member States in this field, and on compliance with such commitments. To this end, the Council calls on the Commission to enter into contact with the authorities of this country. b) Romania. The Council calls on the Commission to present to it as soon as possible, and at any rate before 30 January 2001, a first report, with all useful recommendations. To this end, the Council calls on the Commission to enter into contact with the authorities of the country concerned Mr Vitorino told a small group of journalists that such meetings were already regularly held.

• European Police College. The Council reached a political agreement on the creation of this college. The decision should be formally endorsed before the end of the year.

• Harmonisation of status of third country nationals long-time resident in the EU. The Ministers were not at this stage able to give their views on the Conclusions put forward by the Presidency in the light of the seminar organised on 5/6 October in Paris. The seminar has so far brought to light, in addition to the specific features of the different judicial traditions, many points of convergence between national legislation, and mainly the common account taken of time spent and the intensity of links established with the host country. The Ministers nonetheless gave their views on policy guidelines on which a future long term residence status could be based (EUROPE recalls that the Commission envisaged submitting a draft Directive on this next year). Ministers found four points essential: i) three criteria for access to the status: length of time present, integration, family/private life; ii) the content of the status (guarantee of residence, economic and social rights); iii) the right to freedom of stay (the principle of freedom of stay for a resident of long duration in a Member State other than that where the status has been conferred); iv) the need for flanking policies (integration, fight against discrimination).

• Report from High Level Group on asylum and migration. The Council noted this report which was then presented to the General Affairs Council on Monday for approval and transmission to the European Council of Nice. EUROPE recalls that this Group was created in December 1998 and that it is working on the action plans relating to Afghanistan, Iraq, Morocco, Somalia, Sri Lanka and, since June 2000, Albania and its region, especially Kosovo.

• Asylum policy. The Council noted the Communication on asylum policy presented by Antonio Vitorino and undertook to examine the Commission's proposals at a sustained rate. It also invited the Commission to present other proposals on asylum set out in the Amsterdam Treaty.

• Immigration policy. See point above with the difference that, in the light of ministerial speeches, the French Presidency invited the Member State to submit written proposals on the aspects of the Commission's Communication which concern them more in particular, with a view to better preparing the Council's work on this.

• Application of Schengen acquis in the northern countries. After this issue had been dealt with during the joint Committee with Iceland and Norway, the Council gave its formal agreement for the full enforcement of Schengen acquis in the northern countries (Denmark, Finland, Sweden, Iceland and Norway) from 25 March 2001. During the debate that preceded this decision, the Member States concerned (all except the United Kingdom and Ireland as well as the Scandinavian countries) stated their intention to entrust the Schengen Assessment Group with establishing, for 1 March next year, reports on on-the-spot visits concerning, above all, application of the Schengen Information System (SIS), the surveillance of maritime borders, Schengen training for inspection staff and respect of the Schengen control procedures at airports.