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The  Governments  of  the Member  States  and  the European  Commission  were
represented as follows:

Belgium
Philippe de SCHOUTHEETE de 
TERVARENT                          Ambassador, Permanent Representative

Denmark
Bjørn WESTH                        Minister for Justice

Germany
Manfred KANTHER                    Federal Minister for the Interior
Rainer FUNKE                       Parliamentary  State   Secretary,  Federal
                                   Ministry of Justice
Kurt SCHELTER                      State Secretary, Ministry of the Interior
Hartmut WROCKLAGE                  Senator for Internal Affairs, Hamburg

Greece
Evangelos VENIZELOS                Minister for Justice
Konstantinos GEITONAS              Minister for Public Order

Spain
Jaime MAYOR OREJA                  Minister for the Interior
Margarita MARISCAL DE GANTE        Minister for Justice

France
Jacques TOUBON                     Keeper of the Seals, Minister for Justice
Jean-Louis DEBRE                   Minister for the Interior

Ireland
Nora OWEN                          Minister for Justice

Italy:
Giorgio NAPOLITANO                 Minister for the Interior
Giovanni Maria FLICK               Minister for Justice

Luxembourg
Marc FISCHBACH                     Minister for Justice

Netherlands
Hans DIJKSTAL                      Minister for the Interior

Austria
Caspar EINEM                       Minister for the Interior
Nikolaus MICHALEK                  Minister for Justice

Portugal
Alberto COSTA                      Minister for Internal Administration
José VERA JARDIM                   Minister for Justice

Finland
Jan-Erik ENESTAM                   Minister for the Interior
Kirsti RISSANEN                    State Secretary, Ministry of Justice

Sweden
Laila FREIVALDS                    Minister for Justice
Pierre SCHORI                      Minister, Ministry of Foreign Affairs

United Kingdom
Michael HOWARD                     Home Secretary

Commission
Anita GRADIN                       Member
Mario MONTI                        Member

CONVENTION  ON THE  CROSSING BY  PERSONS  OF THE  EXTERNAL  FRONTIERS OF  THE
MEMBER STATES OF THE EUROPEAN UNION

The Council took note of progress in the proceedings  on the draft Convention
on the crossing by persons  of the external frontiers of the Member States of
the European Union.

During  a brief  exchange of  views, Ministers  emphasized the  importance of
this Convention  for the creation  of a  single European free  movement area,
particularly as regards security and integration aspects.

In this connection the  Portuguese Minister outlined the  particular problems
Portugal   was  experiencing  in  continuing  work   on  the  Convention,  in
connection with the issue of East Timor.

Following  its exchange  of views,  the Presidency concluded  that a solution
had  to be found  speedily to  the two main  problems in  connection with the
territorial application of the Convention  (Article 30 of the draft) and  the
role of the Court of Justice (Article 29 of the draft).

FREE MOVEMENT OF PERSONS

Following  the discussion which took place  at the Internal Market Council on
28  May and the request  made on  that occasion, in particular  by the French
delegation, the Council  discussed a number  of aspects  raised by the  three
Commission proposals for Directives of 24 August 1995 on respectively:

-    the abolition of checks on persons at internal frontiers;

-    the amendment of secondary  legislation as regards the free movement  of
     workers and  members of their  families and  as regards  the freedom  to
     provide services and the right of establishment;

-    the right  of  third-country  nationals  to  travel  freely  within  the
     Community;

In  this  connection  the  Council  took  note  of  statements  from  several
delegations pointing out in particular that, over and  above the objective of
achieving the free movement of persons within the  Community, these proposals
related to important questions of immigration and internal security.  It  was
acknowledged  that these  aspects, as  well as the  accompanying measures, on
which  actual  abolition  of  checks  at  internal  frontiers depended,  were
matters for  the third  pillar.  One  delegation repeated  its opposition  in
principle  to  the approach  followed  by  the Commission  without,  however,
ruling out a certain  degree of cooperation in  this area between the  Member
States within the third pillar context.

For its part the Commission said  it would uphold its proposals as they stood
until the European Parliament delivered its Opinion, expected for July.

In   conclusion,  the  President  instructed  the  Permanent  Representatives
Committee to  continue examining  the proposals  in question  with a view  to
continuing the  discussions later at  Council level  (Internal Market/Justice
and Home Affairs).

COMBATING THE ILLEGAL EMPLOYMENT OF NATIONALS OF THIRD STATES

The Presidency noted that  no delegation had problems  on the content of  the
draft Recommendation  on combating illegal employment  of nationals  of third
States (given in Annex II).

The  United Kingdom  indicated  that it  could not  at  the  moment give  its
agreement on  the text  in view  of its  general position  of non-cooperation
regarding  decisions  to be  taken unanimously,  in connection  with  the BSE
problem.

The  Presidency expressed  the hope  that the  draft Recommendation  could be
adopted  soon  once the  United  Kingdom reservation  was  withdrawn and  the
legal/linguistic finalization of the text completed.

The  draft Recommendation  aims to  combat the  illegal employment  of third-
country nationals within the  context of the strengthening of Member  States'
cooperation on immigration policy.

In view of  the need to  combat the  exploitation of third-country  nationals
and illegal  employment,  the  draft  Recommendation  contains,  inter  alia,
provisions on the authorizations to work which must  be held by third-country
nationals and on the penalties to be  imposed on employers of workers not  in
possession of such authorizations.  These sanctions, which  could be criminal
and/or  administrative,  in  accordance with  the  law  of the  Member  State
concerned,  should be imposed  not only on  those who  employ illegal workers
but  also on  those who  encourage, facilitate or  promote illegal employment
(e.g. illegal trafficking in labour).

The  draft  Recommendation  also  makes  provision  for  coordination of  the
enforcement agencies  concerned,  in particular  through  the preparation  of
joint  operations, and  an exchange of information  on the illegal employment
of third-country nationals.

EURODAC

The Council  took note  of progress on  the draft  Convention establishing  a
system  for  the  exchange  of  dactyloscopic  records  of asylum-seekers  at
European level (Eurodac) for the identification of asylum-seekers.

A  system  for the  exchange  of  dactyloscopic  records  is needed  for  the
effective application of the  1990 Dublin Convention on the determination  of
the  State  responsible  for   examining  applications  for  asylum.     That
Convention should enter into force shortly; Ireland and  the Netherlands have
still to ratify it.

The introduction of a  common system  of this type will  make it possible  to
speed  up the  examination of asylum  applications through  identification of
asylum-seekers by means of their fingerprints.

The Convention in preparation is  designed to provide the legal basis for the
system and more particularly to resolve  a number of legal questions  arising
in this respect (definitions, data protection, right to information, etc.).

Work on  the technical  specifications for the  system and on  legal problems
will  continue so  that the  Council can  take a  definitive decision  on the
implementation of the system at an early meeting.

EDU/EUROPOL- DRAFT BUDGET FOR 1997

The  Council had before  it the budget for  the Europol  Drugs Unit, to which
new  areas  of  responsibility  had  been  given  in  1995  (trade in  stolen
vehicles, nuclear  trafficking,  illegal  immigration)  and  which  now  also
covered the terroritory of the three new Member States.

It was agreed  that the 1997 budget, which had to be formally approved before
1 July  of this year,  would be increased  by 12% as  compared with the  1996
budget, which was for ECU 5 million.  However, a  general reservation remains
from  the United  Kingdom delegation  in the  context of  its non-cooperation
position as  regards decisions  requiring unanimity,  in connection  with the
BSE problem.

The Council noted a report prepared  by Member States and Commission  experts
on the computer  system needed for the operation  of Europol.  A  decision on
the  funding requirements  for this  system will  be taken  once the  Council
bodies have studied the report.

CREATION  AND MAINTENANCE OF A  DIRECTORY OF COUNTER-TERRORIST COMPETENCES TO
FACILITATE COUNTER-TERRORIST COOPERATION BETWEEN THE MEMBER STATES

The  Presidency  noted that  no  delegation  had difficulties  regarding  the
content of the draft joint action concerning the creation and maintenance  of
a directory  of counter-terrorist competences to facilitate counter-terrorist
cooperation between the Member States.
The United Kingdom said that it could not for the moment record  agreement on
the  text  in  view  of  its  general  non-cooperation  position  as  regards
decisions requiring unanimity, in connection with the BSE problem.

The joint  action will  be adopted  once  this reservation  is withdrawn  and
legal/linguistic finalization of the text is completed.

The  draft  provides that,  during the  one-year start-up  phase,  the United
Kingdom,  which launched the idea of this directory,  will be responsible for
maintaining and  disseminating a  directory of specialized  counter-terrorist
skills  or expertise.  Thereafter the task will  be the responsibility of the
Member State holding the EU Presidency.

Each  Member State is  to contribute  to the Directory  an indication  of any
specialized
counter-terrorist competences,  skills or experience  it has  developed which
it   considers  useful  to  make  available  to   all  Member  States.    The
contributions will also indicate the national contact points.

EUROPEAN UNION PARTICIPATION IN THE ILEA

The Council held an exchange  of views on the possibility of EU participation
in the  ILEA (International Law  Enforcement Academy) set  up in Budapest  in
1995  by  the  FBI  in  cooperation  with the  Hungarian  Government.    That
international  police  academy   organizes  courses  every  year  for  police
officers from the countries  of Central and Eastern  Europe, with the aim  of
managing to train 150 officers a year.

A  number of  delegations thought  that this participation  could be arranged
from the  outset on an  equal footing  with the  United States, while  others
favoured  a  step-by-step approach  as  proposed by  the  Presidency.   These
delegations stressed that participation would  be consistent with the  action
covered  by the Transatlantic Dialogue with the United States as well as with
the  strengthening  of cooperation  with the  CCEE in  the  JHA sphere.   One
delegation voiced opposition  to any  EU participation in  this International
Police Academy.

Despite the  Presidency's efforts,  the Council  could not achieve  unanimous
agreement on EU participation in the Academy.  The Presidency concluded  that
further  time was  needed  to  examine  this  dossier and  in  particular  to
establish  the conditions  of possible  participation or  the devising  of an
alternative  formula so  as  to ensure  the  success of  the  police training
action in the interests of the CCEE.

RELATIONS WITH THIRD COUNTRIES 

-    STRUCTURED DIALOGUE WITH THE CCEE

The  Council noted  the progress made  on the work  programme agreed with the
CCEE
at  the joint  meeting on  20 March  1996 at  which five  priority areas were
identified  for  cooperation  -  drugs,  asylum,  border  controls,  judicial
cooperation and police
cooperation - and decided that during the Irish  Presidency discussions would
concentrate on the drug problem.

Several specific  meetings  have already  been  held  with the  CCEE  in  the
framework of this cooperation.

One of the significant factors  for the implementation of cooperation in  the
JHA sphere  is mutual understanding  of the legislative "acquis"  of both the
EU and the CCEE.  In this  context, the CCEE have been sent questionnaires to
analyse where their legislation  stands on JHA matters.  Documentation on the
EU "acquis" in this respect will shortly be made available to the CCEE.

Commissioner  GRADIN  reported  to Ministers  on  progress with  the projects
already  launched under  the PHARE programme  relating to the  JHA area.  She
stressed  in particular the need to ensure there  was no duplication with the
action already undertaken by the Member States.

-    LATIN AMERICA AND CARIBBEAN

The  Council also  took note of  a draft report  on combating  drugs in Latin
America and the Caribbean, prepared by  the Commission and Council bodies  in
response to the request from the Madrid European Council.

The  report  begins  by  analysing  the  situation  in  the  various  regions
concerned, examines the  cooperation mechanisms that exist and  pinpoints the
lacunae  in the  current arrangements.   It  contains proposals  for specific
cooperation measures  with the Caribbean  in the light of  the findings  of a
team of experts which  visited the Caribbean under Commission auspices.   The
proposals  relating to cooperation mechanisms and  those concerned with Latin
America are to be finalized before the Dublin European Council.

SETTING PRIORITIES FOR COOPERATION  IN THE FIELD OF JUSTICE  AND HOME AFFAIRS
FOR THE NEXT TWO YEARS

The Presidency noted that no  delegation had any problems with the content of
the draft Resolution given in Annex II setting priorities for  cooperation in
the field of justice and home  affairs for the period 1 July 1996 to  30 June
1998.

The United Kingdom said that it could  not for the moment record agreement on
the  text  in  view  of  its  general  non-cooperation  position  as  regards
decisions requiring unanimity, in connection with the BSE problem.

The  Resolution  will  be adopted  once  this  reservation is  withdrawn  and
legal/linguistic finalization of the text is completed.

FINANCING OF TITLE VI

At  the  request of  the Netherlands  delegation, the  Council  discussed the
questions  outstanding  with   respect  to  the  financing  of   JHA  action,
particularly in the 1996 financial year.

The  Council   is  required  to   decide  on  the  allocation   of  the  1996
appropriations of  ECU 14,4 million,  including ECU  9,25  million placed  in
reserve by the European Parliament.

It  will be  remembered that  the European  Parliament had  made a  number of
requests  aimed at  avoiding a situation where  these appropriations were too
widely spread and had allocated ECU 7,45 million to EUROPOL/EDU.

The  Commission  has announced  that it  will be  submitting  two programmes,
namely "SHERLOCK"  (combating  false documents)  and  "GROTIUS" (training  of
magistrates)  and  was  preparing a  programme  in  the  area of  asylum  and
immigration.   Account  should  also be  taken of  these programmes  when the
appropriations in question were being allocated.

In addition, as regards the  1995 appropriations which had not been used  and
had  been carried over  to 1996, viz. ECU  1 369 000, the  Council had yet to
take a formal decision on their utilization.

In  summing  up,  the   Council  instructed  the  Permanent   Representatives
Committee to seek solutions to these questions.

ROLE  OF THE  COURT OF  JUSTICE -  EUROPOL CONVENTION AND  OTHER THIRD-PILLAR
CONVENTIONS

The  Council established  that it  was unable  at this  stage to  resolve the
problem  of the powers to be  given to the Court  of Justice in the framework
of the Europol Convention.   The United  Kingdom said that it  could not  for
the  moment adopt  a  position on  the text,  in  view in  particular of  its
general non-cooperation  approach as regards  decisions requiring  unanimity,
in connection with the BSE problem.

As a result  the Council decided  to bring this problem  to the  attention of
the Florence European Council in  the light of the conclusions of the  Cannes
European  Council, which had agreed that it should  be resolved no later than
at its meeting in June 1996.

The Benelux  delegations  and  the  German  delegation  wanted  the  European
Council's  discussion of  the matter to cover  also the role  of the Court in
the Convention  on a  Customs Information  System and  the Convention on  the
European Communities' Protection of the financial interests.

CONVENTION ON IMPROVED EXTRADITION BETWEEN THE MEMBER STATES  OF THE EUROPEAN
UNION

The Council  held a detailed  discussion of the key  questions raised  by the
draft Convention on the improvement of extradition between  the Member States
of the European Union.  This draft Convention would  apply to all extradition
procedures.

It will be remembered that a Convention on  simplified extradition procedures
- to  apply only where the  person to be extradited  had given his  consent -
was already signed in March 1995.

As regards  one of the  basic problems referred to  above, namely  whether to
provide  for  the possibility  of  derogating from  the  principle of  double
criminality  in  the context  of an  extradition procedure,  the  Council had
before  it  a compromise  proposal  from the  French  delegation which  would
commit the Member States  whose legal system did not  make provision for such
a  possible  derogation to  introduce  into their  legislation  the crime  of
association  to  commit  offences.    This would  avoid  the  possibility  of
extradition being refused where  the criminal offence was not defined  in the
same way in the State requesting the extradition and  in the requested State.
Delegations were broadly in favour of this compromise  suggestion, subject to
further technical study.

In  this context  it should  be noted  that, with  respect to  acts regarded,
under  Articles 1 and 2 of the 1977 European Convention on the Suppression of
Terrorism,  as terrorist  acts by  both countries  (requested  and requesting
States) and treated as crimes  in the same way, all delegations already agree
that extradition should not be refused in these cases on political grounds. 

The  second  question   of  substance  concerns  the  constitutional  problem
existing in
Portugal - and highlighted by  a recent ruling of its Constitutional Court  -
whereby it was impossible  for Portugal, where life sentences  did not exist,
to extradite for an  offence punishable by a sentence  or detention order for
life in the requesting  country.  In that  connection, the Council noted  the
readiness of  the Portuguese delegation  to examine a  solution based on  the
assurance that,  in the case  in point,  the extradited  person would not  be
liable to a life sentence in the requesting country.

Finally,  with respect  to the  extradition of  nationals, the  Council noted
there  was agreement on  the joint declaration  made by  Denmark, Finland and
Sweden on the concept  of "national".  Under  that declaration, these  States
were  prepared to  extradite persons  residing in their  territories who were
not  nationals of one  of these  Member States or  of another  Nordic State. 
Delegations were also inclined  to favour annexing this joint declaration  to
the  Convention along with the  other declarations made  by the Member States
in  the context of the 1957 European  Convention on Extradition regarding the
concept  of  nationals.   This would  allow agreement  to  be reached  on the
question of the extradition of nationals.

Since the  discussions indicated  the  possibility of  decisive agreement  on
this important Convention,  the French delegation requested that, to maintain
that day's  momentum, a special Justice and Home  Affairs meeting be convened
at an early date devoted essentially to this text.

 FIGHT AGAINST CORRUPTION AND FRAUD

-    CONVENTION ON  THE FIGHT AGAINST  CORRUPTION INVOLVING OFFICIALS OF  THE
     EUROPEAN  COMMUNITIES  OR  OFFICIALS OF  MEMBER  STATES OF  THE EUROPEAN
     UNION

The Council reached agreement  in principle on the text  of the Convention on
the fight against corruption involving officials of  the European Communities
or officials of Member States of the European Union,  save on the question of
the  definition of the role  of the  Court of Justice, which  is a horizontal
problem  in the  JHA field.   In this  context the  United Kingdom delegation
also  entered  a general  reservation  under  its non-cooperation  policy  as
regards decisions requiring unanimity, in connection with the BSE problem.

This draft Convention is aimed at acts of corruption in general and not  only
those against the Community  budget but also those affecting  the budget of a
single Member State.  Its  scope therefore goes beyond the first Protocol  to
the Convention  on  the  protection of  the  European Communities'  financial
interests  which is designed  to combat active  or passive  corruption on the
part  of  Community  or  national  officials  or  members  of  the  Community
institutions  and affecting  the financial interests of  the Communities.  It
will be remembered that  that first Protocol was the  subject of agreement by
Ministers  in  December  of  last  year  and  that  the  European  Parliament
delivered  its Opinion  recently.  The Council  should shortly formally adopt
the Protocol.

-    SECOND  PROTOCOL TO  THE CONVENTION  ON THE  PROTECTION OF  THE EUROPEAN
     COMMUNITIES' FINANCIAL INTERESTS

The Council had before it a report on the progress of the discussions  on the
draft second Protocol  to the Convention  on the protection  of the  European
Communities' financial  interests.   The  report  highlights the  significant
progress already made on the preparation of this draft.

The draft  Protocol  aims to  establish  some  kind of  liability  for  legal
persons,  either criminal  or  of  some  other  nature,  and  to  make  money
laundering a criminal offence.

CONVENTION  ON THE  SERVICE IN  THE MEMBER  STATES OF  THE EUROPEAN  UNION OF
JUDICIAL AND EXTRA-JUDICIAL DOCUMENTS IN CIVIL OR COMMERCIAL MATTERS

Ministers discussed the draft Convention on the service  in the Member States
of  the European Union  of judicial and extra-judicial  documents in civil or
commercial matters.

The  aim of this draft is to simplify and speed up procedures for the service
of  documents,   currently  governed   by  the  1965   Hague  Convention,  by
introducing a modernized transmission system.

Ministers considered in greater detail the following four matters:

-    decentralization of the  system for transmitting documents,  eliminating
     the need to go  through central authorities (usually Justice or  Foreign
     Affairs Ministries);
-    transmission medium, particularly the use of the fax;
-    establishing the time of service of the acts;
-    language use.

On  the  question of  the  decentralization of  the  system for  transmitting
documents, the Presidency noted that a majority of  delegations was in favour
of a  decentralized system  with the  possibility of  resorting to a  central
authority in exceptional cases.

As  regards  the question  of  the medium,  the  Presidency  noted there  was
agreement  in  principle on  the possibility  of faxing  judicial  and extra-
judicial  documents.   However, the  United Kingdom  delegation could  not go
along with this agreement in view of its
non-cooperation policy  on decisions to  be taken unanimously, in  connection
with the BSE problem.

Following  the  exchange  of  views,  the  Council  instructed  its competent
subordinate bodies to continue  work on the questions still outstanding  with
respect  to  the draft  Convention  in  the light  of  the  comments made  by
delegations.

HAGUE CONVENTION ON THE PROTECTION OF CHILDREN

The  Council  examined  questions relating  to  the  definition of  a  common
position of the fifteen  Member States on the  draft Hague Convention on  the
protection of children,  with a  view to the  discussion of  the draft to  be
held at the XVIIIth session of the Hague  Conference on Private International
Law (30 September to 19 October 1996).

It  will be remembered that the work on  the draft Brussels II Convention (on
jurisdiction,  recognition  and  enforcement  of  judgements  in  matrimonial
matters) also covers the question of the protection of children.

The  common position should define  the mechanisms  whereby compatibility can
be  ensured between  the draft  Hague  Convention and  the draft  Brussels II
Convention currently being drawn up by the Council's subordinate bodies.

Given  the  impossibility  at this  juncture  of  reaching agreement  on  the
wording  of a  disconnection clause,  the Council noted  the undertaking from
the incoming  Irish Presidency  that  it would  define the  EU's position  in
consultation with the Member States at the time of the actual Conference.

ANNEX I
Draft  Council  Recommendation  on   combating  the  illegal  employment   of
third-country nationals

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Articles K.1 and K.2 of the Treaty on European Union,

Having  regard   to  the  Council   Recommendation  of   22 December 1995  on
harmonizing  means of  combating illegal  immigration and  illegal employment
and improving the relevant means of control [1] ,

Having regard  to the Resolution  adopted by  the Council on  20 June 1994 on
limitations  on   admission  of   non-EC  nationals  to   Member  States  for
employment,

Whereas  Article K.1(3)(c) of  the Treaty  on European  Union lays  down that
combating unauthorized  immigration,  residence  and  work  by  nationals  of
third-countries in the  territory of  Member States constitutes  a matter  of
common interest;

Whereas  measures  to  combat the  illegal  employment  and  exploitation  of
third-country nationals  should be  complemented by  measures to  promote the
integration of foreign  workers lawfully established and  legally employed in
the territory of  the Member States, guaranteeing them appropriate conditions
of access to vocational training;

Whereas illegal employment may distort the conditions of  free competition in
the  internal  market by  reducing  social costs  or  giving employers  other
advantages and by lowering levels of social protection;

Whereas  this Recommendation  is aimed  at strengthening  cooperation between
Member States on immigration policies in relation to third-countries;

RECOMMENDS  THAT THE  GOVERNMENTS OF  THE MEMBER STATES  apply the principles
set out  below with a view  to combating illegal  employment of third-country
nationals:

I. Scope

This Recommendation  applies to third-country  nationals, with  the exception
of:

-    members  of the  families of  citizens of the  European Union exercising
     their right to free movement;

-    nationals of Member States of the European Free  Trade Association party
     to the  Agreement on  the European Economic  Area and  members of  their
     families exercising their right to free movement.

This Recommendation does not  apply to third-country nationals to the  extent
that they are in a situation covered by Community law.

This  Recommendation  is without  prejudice  to the  rights of  third-country
nationals  whose  status  is  covered  by  agreements  concluded  with  third
countries  by  the European  Community,  by the  European  Community and  its
Member States  or by one or more Member States, where such agreements contain
more favourable provisions relating to employment.

II. Authorization to work

1.   Third-country  nationals  wishing   to  work  in  the  territory   of  a
     Member State must be in  possession of the authorizations to reside  and
     to work required by the law of the Member State concerned.

2.   The activity carried out, the  post and its location and duration  must,
     in  accordance  with the  law in  force, effectively  correspond  to the
     content of the authorization granted by the Member State concerned.

III. Penalties for employing persons without authorization

1.   The  employment  of  third-country  nationals  who  do  not possess  the
     necessary  authorization  is  prohibited and  should  give  rise  to the
     imposition  of criminal  and/or administrative  penalties in  accordance
     with the provisions of the law of the Member State concerned.

2.   Such penalties should be  imposed upon those who employ illegal  workers
     and those who  encourage, facilitate or promote  illegal employment,  in
     accordance  with  the  provisions  of  the  law  of   the  Member  State
     concerned.

3.   Illegal trafficking in labour organized by  persons acting on their  own
     or in networks should  constitute a criminal offence and incur  criminal
     and/or  administrative penalties  in accordance  with the  provisions of
     the law of the Member State concerned.

4.   The  procedures  for punishing  the employment  of  workers  without the
     necessary authorization could:

     -    allow the application of penalties which are effective, dissuasive,
          appropriate  and proportionate to  the seriousness of  the offences
          committed;

     -    permit  the  elimination  of  added  profits  or  other  advantages
          obtained by  employers as  a result  of the  offences committed  in
          particular as regards the wages and charges imposed by the relevant
          provisions in each Member State.

     The  said  procedures   must  provide  for  appropriate  mechanisms  and
     procedures for judicial control.

IV. Coordination of enforcement agencies

Member  States   should  adopt  the  measures  necessary  to  coordinate  the
activities  of  the  competent   services  or  authorities with  the  aim  of
combating the  illegal  employment  and  the  exploitation  of  third-country
nationals, given that the specialization in separate areas  of control should
be  supplemented by  the  necessary  collaboration  and coordination  in  the
activities of the services concerned.

This could be put  into practice through the preparation of joint  operations
to be  defined  by sectors  of productive  activity,  geographical areas  and
periods of time in  which non-compliance with the rules  on the employment of
third-country nationals appears to be concentrated.

Such collaboration might take the form of:

-  support, at  the request of one  of the competent services, for preventive
   action, such as inspection visits  to places of  work where there is  hard
   evidence  that the  activities of  those services  could be  obstructed or
   nullified or could involve any type of risk;

-  support  during inspections  where the work  of the  competent services is
   seriously impeded in their investigations into the hidden economy;

-  prompt support where assistance is requested by the competent  services in
   emergency situations.

V. Exchange of information

Member States should exchange  information, both  bilaterally and within  the
Council, regarding the  fight against the illegal employment of third-country
nationals and organized networks trafficking in labour.

VI. Monitoring of compliance with the Recommendation

The  Council will examine  the progress of compliance  with the principles of
this Recommendation periodically, and for  the first time one year after  its
adoption.

ANNEX II

Draft  Council Resolution  laying down the priorities  for cooperation in the
field of justice and home affairs  for the period from 1 July 1996 to 30 June
1998

The Council of the European Union, 

in response to the request of the  European Council that it organize its work
on  cooperation in the fields  of justice  and home affairs,  provided for in
Title  VI of  the Treaty  on European  Union,  by determining  the activities
which  should be  carried out  as  a matter  of priority  in  pursuit of  the
objectives fixed at the Madrid Summit on 15 and 16 December 1995;

reiterating  its ambition  to promote  liberty, security  and justice  in the
Union, in accordance with  the principles of the  rule of law, by  developing
close  cooperation between  the Member States  in the  fields of  justice and
home affairs,

Hereby adopts this Resolution:

I. The  Council  intends to  pursue the  objectives defined  by  the European
   Council,  concentrating priority  on the  following topics  in  the period
   from 1 July 1996 to 30 June 1998:

   1.  Combating terrorism:

       (a)  strengthening cooperation between the Member States;
       (b)  updating the document on the terrorist threat; 
       (c)  drawing up a list of counter-terrorist centres of excellence;

   2.  Combating organized crime and drugs:

   2.1.     police and customs cooperation:

       (a)  implementation    of   the   Europol   Convention   (implementing
            regulations, computer system) and monitoring of the EDU;
       (b)  police  training,  in   particular  through  cooperation  between
            police training schools;
       (c)  strengthened technical cooperation, in particular with regard  to
            interception  of  communications,  cooperation  between  forensic
            laboratories,  cooperation between national criminal intelligence
            services;
       (d)  update   of  the   situation  report   on  organized   crime  and
            implementation of its recommendations;
       (e)  draft "Naples II" Convention;
       (f)  strategies for external frontier control;
       (g)  combating counterfeiting and illegal trade in works of art;

   2.2.     drug control:

       (a)  implementation  of the  report by the  Group of Experts  on Drugs
            adopted  by the  European Council in  Madrid (15 and  16 December
            1995) at  the judicial, police  and customs  levels, particularly
            in the field of supply reduction and international cooperation;
       (b)  mechanism to combat  drug abuse  in Latin America, including  the
            Caribbean;
       (c)  examination  of   the   possible  impact   of  harmonization   of
            Member States' laws  on the  supply and consumption  of drugs  in
            the Union;

3. Improving judicial cooperation:

3.1.   in civil matters:
   (a)      draft Convention  on the service  of judicial  and extra-judicial
            documents in civil or commercial matters;
   (b)      draft  "Brussels  II"  Convention  (on  matrimonial  matters  and
            custody of children);
   (c)      launching of  discussions on  the  necessity  and possibility  of
            drawing  up a European enforcement  order and a convention on the
            law applicable to extracontractual obligations;

3.2.   in criminal matters:
   (a)      draft Convention on extradition;
   (b)      draft Convention on mutual assistance in criminal matters;
   (c)      analysis and adaptation of  existing instruments concerning other
            forms of judicial cooperation; 
   (d)      draft    Convention    on    the    enforcement    of     driving
            disqualifications;
   (e)      combating counterfeiting;

3.3.   in civil and criminal matters:
   implementation of  the joint action concerning the liaison magistrates and
   consideration  of  the desirability  of setting  up a  network  of contact
   magistrates;

4. Improvement of cooperation with regard to immigration and asylum

   (a)      implementation of the Dublin Convention;
   (b)      harmonization of  national procedures for  granting the  right to
            asylum;
   (c)      harmonization  of  conditions   for  the   reception  of   asylum
            applicants;
   (d)      development of  the Eurodac  system  (Convention  and   technical
            specifications);
   (e)      examination  of  the  legal  status  of  third-country  nationals
            residing legally in the territory of the Member States; 
   (f)      examination   of  the   problems  of  temporary   protection  and
            burden-sharing;
   (g)      examination  of   forms  of  alternative   protection  (de  facto
            protection and humanitarian residence permit);
   (h)      strengthening measures to combat illegal immigration,  especially
            illegal immigration networks, and illegal employment;
   (i)      improving cooperation  with countries of origin;
   (j)      improving  cooperation   regarding  the   expulsion  of   illegal
            immigrants; problems of readmission;
   (k)      false  documents: development  of a  harmonized image  filing and
            transmission system; practical cooperation;
   (l)      examination of the problem of family reunification;

5. Stepping up checks on persons at external frontiers:

   (a)      draft  Convention  on  the  crossing  of  external  frontiers and
            implementing measures;
   (b)      draft Convention on the European Information System (EIS);
   (c)      increased  operational  cooperation between  authorities carrying
            out checks at external frontiers;
   (d)      visas:  mutual   recognition   of   visas;   manual   and   other
            implementing measures; updating of relevant regulations;

6. Combating racism and xenophobia:
   (a)      assessment of the recommendations of the Consultative  Commission
            on Racism and Xenophobia ;
   (b)      continuation  of work,  both  at  judicial  (monitoring of  joint
            action against racism and xenophobia) and police level;

7. Combating  corruption  and  fraud  affecting  the   Community's  financial
   interests:

   (a)      draft second Protocol to the Convention on the protection of  the
            Communities' financial interests;
   (b)      draft Convention on corruption;

8. Horizontal actions:

   (a)      preventing crime;
   (b)      combating trafficking in human beings.

II.    In support of the  priority activities listed in point  I, the Council
       will  encourage  the exchange  of  officials  and magistrates  between
       Member  States and - if need be  by granting Community financing - the
       organization of  seminars  and conferences  and  the establishment  of
       training programmes.

   The  Council  will  endeavour,  wherever   possible,  to  coordinate   the
   positions  of  Member  States  in   international  organizations  and   at
   international  conferences when they deal  with a topic connected with the
   priorities defined in point I above.

   Finally, the Council will carry out periodic checks of  the implementation
   by the Member  States of the binding instruments adopted under Title VI of
   the Treaty on European Union.

III.   The Council's activities  in respect of cooperation  in the fields  of
       justice and home  affairs with third countries will  be covered by one
       or more separate work programmes.

   With  regard  to countries  involved  in a  structured  dialogue with  the
   European   Union,  cooperation   will  focus   particularly  on  combating
   organized crime and drug trafficking.

IV.    Without prejudice to  the right of initiative of Member States and the
       Commission  as  provided  for  in  Article K.3(2)  of  the  Treaty  on
       European  Union,  the   Council,  acting  on   a  proposal  from   the
       K.4 Committee,  will  decide  on  a programme,  in  principle  at  the
       beginning of each Presidency  and in any event  once a year, in  order
       to  lay down  the priorities  for the  following two  years.   On that
       occasion,  the Council  will decide which  activities must  be removed
       from the list  of priorities,  either because they  have already  been
       successfully completed, or  because achieving them  in the short  term
       is impossible  or is no longer a  priority, and which other activities
       must be regarded as having priority and be included in the programme.

V. This Resolution will be sent  to the European Parliament  and published in
   the Official Journal of the European Communities.

Annex to ANNEX II

          SUBJECT            INSTRUMENT/ACTION          COMPLETION

 1. Terrorism
 (a)    strengthening of   adoption of measures   ongoing
        cooperation        continual updating     ongoing
 (b)    threat document    practical              ongoing
 (c)    directory of       implementation
        centres of
        excellence

 2. Organized crime,
    drugs

 2.1.   Police and
        customs
        cooperation
 (a)    implementation     implementing           ongoing
        of Europol and     regulations and
        monitoring of      completion of IT
        EDU activities     network

 (b)    police training    agreement between      long term
        and cooperation    schools, creation of
        between training   a cooperation
        schools            structure, agreement
                           on programmes for
                           courses and seminars

 (c)    technical
        cooperation
    -   interception       implementation of      for the record
                           Council Resolutions
                           and Seminar Quantico
                           4/Satellite
                           communication
                           (ENFOPOL 90, 1995)

    -   cooperation        practical cooperation  for the record
        between forensic
        laboratories

    -   cooperation        definition of          ongoing
        between national   technical standards
        crime              practical cooperation
        intelligence
        services

          SUBJECT            INSTRUMENT/ACTION          COMPLETION

    -   radio              follow-up to           ongoing
        communication      discussions on new
                           technology
    -   public order       review of existing     new
        cooperation        police cooperation
                           experts meeting

 (d)    report on          updating               ongoing
        organized crime

 (e)    Naples II          new Convention         ongoing
 (f)    strategies for     practical cooperation  ongoing
        checks at
        external borders

 (g)    combating          practical cooperation  ongoing
        counterfeiting
        and trafficking
        in works of art

 2.2.   Drug control
 (a)    reports from the   implementation at the  ongoing
        Experts on Drugs   judicial, police and
                           customs levels

 (b)    fight against      setting up a           ongoing
        drugs in Latin     mechanism and
        America            implementing the
        including the      recommendations
        Caribbean

 3. Judicial cooperation
 3.1.   Judicial
        cooperation in
        civil matters

 (a)    transmission of    draft Convention       for the record
        judicial and
    extra-judicial
    documents in civil
    or commercial
    matters

 (b)    matrimonial        draft Convention       for the record
        matters and
        custody of
        children
        (Brussels II)

          SUBJECT            INSTRUMENT/ACTION          COMPLETION

 (c)    European           draft Convention       examination of
        enforcement                               advisability of
        order and the                             drawing up a
        law applicable                            Convention
        to extra
        contractual
        obligations
 3.2.   Judicial
        cooperation in
        criminal matters

 (a)    extradition        draft Convention and   for the record
                           explanatory report

 (b)    mutual             draft Convention       ongoing
        assistance
 (c)    other forms of     analysis and           initiation of
        cooperation        adaptation of          proceedings
                           existing instruments

 (d)    driving            draft Convention       for the record
        disqualification

 3.3.   Judicial
        cooperation in
        civil and
        criminal matters
 (a)    liaison            practical cooperation  ongoing
        magistrates

 (b)    contact            practical cooperation  initiation of
        magistrates                               proceedings

 4. Immigration and
    asylum
 (a)    Dublin             practical cooperation  on entry into force
        Convention

 (b)    harmonization of                          initiation of
        national                                  proceedings
        procedures for
        granting right
        of asylum

 (c)    harmonization of                          initiation of
        conditions for                            proceedings
        the reception of
        asylum
        applicants
 (d)    Eurodac            draft Convention       ongoing

          SUBJECT            INSTRUMENT/ACTION          COMPLETION

 (e)    legal status of    examination            initiation of
        third-country                             proceedings
        nationals
        residing legally
        in the territory
        of the Union
 (f)    temporary          examination            ongoing
        protection and
        burden-sharing

 (g)    de facto           examination            initiation of
        protection and                            proceedings
        humanitarian
        residence permit

 (h)    stepping up the
        fight against
        illegal
        immigration and
        employment
 (i)    cooperation with   practical cooperation  ongoing
        countries of
        origin

 (j)    expulsion of       practical cooperation  several Presidencies
        illegal
        immigrants;
        readmission
        problems

 (k)    false documents    practical cooperation  several Presidencies
 (l)    problems of        examination            initiation of
        family                                    proceedings
        reunification

 5. External frontiers

 (a)    crossing of        -  draft Convention    ongoing
        external           -  practical
        frontiers             cooperation
 (b)    European           draft Convention       ongoing
        Information
        System

 (c)    visas              updating of            ongoing
                           regulations
                           implementing measures

 6. Racism and
    xenophobia
 (a)    recommendations    examination            ongoing
        of the
        Consultative
        Commission

          SUBJECT            INSTRUMENT/ACTION          COMPLETION

 (b)    judicial and       examination            ongoing
        police measures
 7. Combating corruption
    and fraud affecting
    the Community's
    financial interests

 (a)    protection of      draft Protocol to the  for the record
        financial          PFI Convention
        interests (PFI)

 (b)    corruption         draft Convention       for the record
 8. Horizontal actions

 (a)    crime prevention   examination            initiation of
                                                  proceedings

 (b)    combating          -  examination
        trafficking  in    -  practical
        human beings          cooperation

OTHER DECISIONS

(Adopted without debate.  In the case of legislative  acts, votes against and
abstentions are  indicated.    Decisions involving  statements  to which  the
Council  has decided to give the public access are asterisked; the statements
in question may be obtained from the Press Office.)

Combating terrorism

The  Council took  note of  a  summary document  from the  Presidency on  the
external and internal threat terrorism represents for the EU.

EDU/EUROPOL

The Council recorded  agreement on the  Coordinator's report for 1995  and on
the  final report  on  the 1995  budget submitted  by the  EDU.   This second
report  indicates inter  alia that a  saving of 17,8%  proved possible on the
budget of ECU 3,9 million, since the EDU was still in its start-up phase.

[1] OJ No C 5, 10.1.1996, p. 1. 

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