US embassy cable - 04BRUSSELS4789

UNCLAS BRUSSELS 004789 
 
SIPDIS 
 
DHS FOR IAO, BORDER PATROL 
DOJ FOR CRM 
ROME ALSO FOR INS 
 
E.O. 12958: N/A 
TAGS: PREL, PTER, SMIG, PREF, CMGT, CVIS, KCRM, EUN, USEU BRUSSELS 
SUBJECT:  EU-JHA:  LEADERS ENDORSE NEW MULTI-ANNUAL 
PROGRAM FOR FREEDOM, SECURITY AND JUSTICE 
 
REF: USEU BRUSSELS 4619 
 
1.  EU leaders at their November 5 European Council 
meeting endorsed the new multi-annual program for 
"strengthening freedom, security and justice in the 
European Union" as prepared by their Justice and 
Home Affairs Ministers in the October 25 Council 
meeting (REFTEL).  Dutch PM/European Council chair 
Balkenende described the new plan, called "The Hague 
Program," as an "ambitious, crucial contribution to 
a safer Europe, in which justice and freedom are 
central."  The plan covers asylum and migration 
issues, including border management, the integration 
of non-EU nationals,  cooperation with countries and 
region of origin, and visa policy, as well as the 
fight against terrorism, judicial and police 
cooperation, and civil law (the drugs strategy 
component will be added at the year's end). 
Balkenende said all leaders recognized the need to 
focus on effectiveness, cooperation in the fight 
against cross-border crime, and the sharing of 
information between law enforcement authorities. 
Full text of the program appears in annex to the 
Presidency conclusions of the European Council 
available from http://ue.eu.int. 
 
2.  The leaders easily concurred on the two issues 
left outstanding by their JHA Ministers.  They 
confirmed the Common European Asylum System should 
be completed by 2010.   Balkenende said they also 
agreed in principle that nearly all EU decisions in 
the field of asylum, migration and border control 
will be taken by qualified-majority voting (QMV) in 
the Council and involvement of the European 
Parliament through the co-decision procedure.  A 
deadline of April 2005 is set for the Council to 
take the formal decision moving these areas to QMV 
and co-decision, as provided for under current EU 
treaties.  The only areas to continue under 
unanimity (at the insistence of Germany and several 
other countries) would be policies on legal 
migration, a derogation that would end if the new EU 
Constitutional Treaty ever successfully enters into 
force.  The UK, Ireland and Denmark have opt-outs on 
visas, asylum and immigration and do not feel 
concerned by this development.  Asylum and visa 
policy are already governed by QMV, although 
Parliament is only consulted on visa issues. 
 
3.  Balkenende said the leaders tasked the 
Commission to present an action plan in 2005 in 
which the aims and priorities of the multi-annual 
program will be translated into concrete measures 
with a timetable for the adoption and implementation 
of the specific proposals.  FM Bot said EU 
governments had still to decide on the location of 
for the European Agency for the Management of 
Operational Cooperation at the EU External Borders, 
to be established on May 1, 2005.  Should this prove 
impossible within the next few weeks (main 
contenders are Budapest and Warsaw), the Agency 
would start operating from Brussels as its 
provisional seat. 
 
SCHNABEL