US embassy cable - 04BRUSSELS1448

UNCLAS BRUSSELS 001448 
 
SIPDIS 
 
DHS FOR IAO, BORDER PATROL 
FOR IAO, BORDER PATROL 
DOJ FOR CRM 
ROME ALSO FOR INS 
 
E.O. 12958:    N/A 
TAGS: PREL, PREF, CVIS, CASC, KCRM, EUN, USEU BRUSSELS 
SUBJECT:  MIGRATION ISSUES: EU INTERIOR MINISTERS REACH KEY 
AGREEMENTS ON ASYLUM PROCEDURES 
 
REF:  USEU BRUSSELS 742 
 
SUMMARY 
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1. At the March 30 Justice and Home Affairs (JHA) Council 
meeting, EU ministers reached political agreement on the so- 
called "Qualification Directive" that sets out the 
eligibility criteria for both refugee status and subsidiary 
protection in the EU and the entitlements of those persons 
who qualify for that protection, a key element in building a 
common EU asylum policy.  They also made progress on 
establishment of an EU Border Management Agency to increase 
operational cooperation between Schengen country border 
services, as well as Ireland and the UK.  END SUMMARY. 
 
QUALIFICATION DIRECTIVE 
----------------------- 
 
2.  The Council reached a political agreement (subject to 
formalization of the text) on the Directive setting minimum 
standards for the qualification and status of third-country 
nationals and stateless persons as refugees or as persons 
who otherwise need international protection (REFTEL).  In Mc 
Dowell's words, the so-called "Qualification Directive" sets 
out the eligibility criteria for both refugee status and 
subsidiary protection in the EU and the entitlements of 
those persons who qualify for that protection.  The form of 
refugee protection envisaged is essentially the same as 
provided for in the 1951 Geneva Convention.  The subsidiary 
protection provision in the Directive is based on the 
protection principles set out in international Human Rights 
instruments such as the European Convention on Human Rights 
and the UN Convention Against Torture. 
 
3.  Mc Dowell and JHA Commissioner Vitorino hailed the 
accord as a key achievement in development of an EU asylum 
policy.  According to Mc Dowell, added to other instruments 
already adopted (Dublin II Regulation, EURODAC Regulation, 
Temporary Protection Directive, European Refugee Fund, 
Reception Standards Directive), the new piece will equip the 
EU with "an important body of legislative instruments which 
will offer protection to refugees and others in need of 
protection, assist in reducing secondary movements of asylum 
seekers between our States and help to build confidence in 
our individual asylum systems." 
 
MINIMUM STANDARDS ON PROCEDURES FOR GRANTING AND WITHDRAWING 
REFUGEE STATUS 
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4.  Mc Dowell said the "missing piece of the asylum jigsaw" 
was the draft Directive on minimum standards on procedures 
in member states for granting and withdrawing refugee status 
(REF C).  Mc Dowell reported progress on some questions,