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ONGOING
Council of the EU
Justice and Home Affairs Council, 8-9 December 2022
Live streaming
8 December 2022 (Home affairs)08:40 Arrivals
13:15 Press statement by Minister Vít Rakušan and Commissioner Ylva Johansson
15:15 Public session
TBC Press conference
9 December 2022 (Justice)08:30 Arrivals
09:55 Public session
14:15 Public session
TBC Press conference
Estimated schedule
Main results
Home affairs (Thursday 8 December)
Schengen area
The Council today adopted a decision on the full application of the Schengen acquis in Croatia.
I am very pleased that during the Czech Presidency, Croatia was able to take two important steps in its European integration by joining both the euro and the Schengen areas. I am confident that these successes will pave the way for other member states who fulfil the conditions to take the next step in their European journeys, and my colleagues and I will continue to work hard to ensure that we can welcome Bulgaria and Romania into the Schengen family in the near future.Vít Rakušan, Czech Minister of InteriorSchengen area: Council decides to lift border controls with Croatia (press release)
Ministers also looked at the overall state of the Schengen area, with a focus on internal security measures including the interoperability of IT systems and countering migrant smuggling. They endorsed a series of actions to fight migrant smuggling, covering three areas: maintaining robust situational awareness, supporting stronger cross-border operational action against criminal networks and the role of JHA agencies and inter-agency cooperation. Ministers also endorsed the revised timeline for the entry into operation of the upgraded Schengen Information System, which is now expected to take place by 7 March 2023.
Asylum and migration
The presidency provided a state of play on asylum and migration files. During the past months, intensive work has mainly focused on finding a way forward on EU migration solidarity, responsibility and crisis response. Work to integrate these principles in the legislative texts will continue under the upcoming Swedish presidency. The presidency also informed about recent positive developments related to the inter-institutional cooperation between the Council and the European Parliament, allowing to restart work on 5 legislative proposals under the Pact on migration and asylum.
Ministers assessed progress in ongoing work on a regulation to address situations of instrumentalisation in the field of migration and asylum. This regulation would allow member states facing a situation of instrumentalisation to exceptionally derogate from some of the common European asylum rules, where necessary and proportionate. It would also provide for specific rules on support and solidarity measures that may be taken in such a situation.Proposal for a regulation to address situations of instrumentalisation in the field of migration and asylum (progress report)
Ministers also exchanged views on the external dimension of migration and the situation along the main migratory routes. They highlighted the need to address the external dimension of migration in a comprehensive manner, taking into account all routes and making joint or complementary efforts where possible. Under this point, the European Commission presented its recent action plan on the Western Balkan route, which follows its action plan on the Central Mediterranean, issued on 21 November. The Commission was invited to propose action plans on the remaining routes.
Over lunch, ministers discussed how to improve the effectiveness of the EU return policy. They underlined the importance of the visa leverage and endorsed a timeline proposed by the presidency while underlining the need to use leverage in different fields to improve the third country cooperation on readmission.
The Council also adopted, as an item without discussion, an implementing decision increasing the visa fee applied to nationals of The Gambia to €120, seeking to improve The Gambia’s cooperation on the return and readmission of its own nationals.The Gambia: Council increases the visa fee due to lack of cooperation on readmission (press release)
Russia’s aggression against Ukraine
Ministers exchanged views on the situation of Ukrainian refugees in the EU, in particular as
regards accommodation and reception facilities, and on contingency planning during winter. According to the latest figures, EU member states are hosting nearly 4 million Ukrainian refugees and at least 700 000 children are enrolled in the education systems.
Ministers also took stock of the internal security dialogue with Ukraine to address shared
security challenges stemming from Russia’s war of aggression, including border security or the risk
of illicit firearms trafficking and other serious crime.
Under other business the Commission updated ministers on the response provided in the context of the EU civil protection mechanism to challenges arising from the war in Ukraine, including on recent challenges in the field of energy.
The Council also adopted without discussion a decision not to accept Russian documents issued in Ukraine and Georgia. Russian travel documents issued in, or to persons resident in, Russian-occupied regions in Ukraine or breakaway territories in Georgia will not be accepted as valid travel documents for obtaining a visa or crossing the borders of the Schengen area.Council adopts decision not to accept Russian documents issued in Ukraine and Georgia (press release)
Resilience of critical infrastructure
The Council adopted a directive and a recommendation which aim to reduce the vulnerabilities and strengthen the resilience of critical entities. These entities provide essential services that are crucial for the maintenance of vital societal functions, economic activities, public health and safety, and the environment. They need to be able to prevent, protect against, respond to, cope with and recover from hybrid attacks, natural disasters, terrorist threats and public health emergencies.EU resilience: Council adopts a directive to strengthen the resilience of critical entities (press release)
Child sexual abuse
Ministers assessed progress made on the draft regulation to prevent and combat child sexual abuse online. Discussions in the Council have taken place at technical level, which has concluded the first examination of the full text. Following this, the Presidency has presented several proposals to revise the text, notably covering the subject matter and scope, definitions, obligations of online service providers and supervision, enforcement and cooperation. Work on the regulation will continue during the upcoming Swedish Presidency of the Council.Proposal for a Regulation to prevent and combat child sexual abuse (progress report)
Other business
Ministers were briefed on the cooperation between competent authorities dealing with counter-terrorism, in the presence of the counter-terrorism group (CTG).
The presidency informed ministers about the latest developments in work on current legislative proposals.Overview of the current legislative proposals under the Czech Presidency
The presidency also reported on the preparations and agenda for the next EU-US ministerial meeting in the area of justice and home affairs, as well as on the outcome of the EU-Western Balkans ministerial forum on Justice and Home Affairs.Joint press statement EU-Western Balkans Ministerial Forum
The Presidency informed on the outcome of the Prague process ministerial conference, where a joint declaration and an action plan for 2023-2027 were adopted.
Portugal presented a point on the designation of the Director General of the International Organisation for Migration (IOM).
The Commission presented a point on wildfire preparedness in the context of the EU civil protection mechanism, following the intense fire season this summer in the EU.
The upcoming Swedish presidency of the Council presented its work programme and priorities for the next six months.
Agenda highlights
Justice (Friday 9 December)
Fight against impunity in Ukraine
The Council is expected to adopt conclusions on the fight against impunity regarding crimes committed in connection with Russia’s war of aggression against Ukraine. The European Council has repeatedly called on Russia to stop its indiscriminate attacks against civilians and civilian infrastructure. Those responsible for these war crimes, and their accomplices, will be held to account in accordance with international law.Support in the investigation and prosecution of war crimes (background information)
Asset recovery and confiscation
Ministers will hold a debate on a draft directive on asset recovery and confiscation. In May 2022, the Commission presented a proposal to modernise EU asset recovery rules and ensure criminals are deprived of their illegal gains. This proposal will also expand the possibilities to confiscate assets to a wider set of crimes, including the violation of EU restrictive measures.Ukraine: The Commission proposes rules on freezing and confiscating assets of oligarchs violating restrictive measures and of criminals (European Commission press release)
Infographic - How the EU fights environmental crime
See full infographicEnvironmental crime
The Council will aim to adopt a general approach on the draft environmental crime directive. Once formally adopted, the new text will replace the existing directive on this topic, adopted in 2008. It will update and enlarge the list of offences covered and will harmonise, for the first time, the level of penalties.
Digitalisation of justice
The Council will aim to adopt general approaches on the directive and regulation on the digitalisation of judicial cooperation and access to justice. These proposals, presented by the Commission in December 2021, aim to shift paper-based communications to electronic channels. They will allow parties to communicate with competent authorities electronically, allow the use of videoconferencing in oral hearings and ensure the possibility of digital transfer of requests and documents between courts and national authorities.Modernising judicial cooperation: Commission paves the way for further digitalisation of EU justice systems (European Commission press release)
A digital future for Europe (background information)
Strategic lawsuits against public participation (SLAPP)
Ministers will discuss the draft directive against strategic lawsuits against public participation (anti-SLAPP directive). SLAPP refers to lawsuits filed by powerful subjects against individuals or organisations who have expressed a critical position on a substantive issue of public interest. The purpose is to silence defendants by draining their resources and morale with exorbitant claims for damages, long legal proceedings or a combination of different strategies. In April 2022, the Commission presented a proposal to protect journalists and rights defenders against this type of abusive litigation.Commission tackles abusive lawsuits against journalists and human rights defenders ‘SLAPPs' (European Commission press release)
Fight against antisemitism
Over lunch, ministers will exchange views on the fight against antisemitism.
Meeting information
Meeting n°3920
Brussels
8 December 2022
10:00
Preparatory documentsList of A items, legislative deliberations
List of A items, non-legislative activities
Provisional agenda
Background brief
Outcome documentsList of participants
Meeting voting results
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Council of the EU
Employment, Social Policy, Health and Consumer Affairs Council (Employment and social policy), 8 December 2022
Main results
Platform work: Ministers discussed how to improve working conditions
EU ministers of employment discussed a presidency proposal for a common position of member states on a draft EU law to improve the working conditions of persons working through platforms. The proposed rules aim at facilitating the correct determination of the employment status of people doing platform work.
Core of the proposed directive is to ensure that people working through digital labour platforms are granted the legal employment status that corresponds to their actual working arrangements. It proposes a checklist to assess whether the platform is an “employer” or if a person is genuinely self-employed.
Despite negotiations that continued throughout the day and several attempts of the presidency to present a compromise there was no qualified majority in support of a general approach.
Better working conditions for food delivery workers, ride-hailing drivers and all those who work through a digital platform are a must. The platform economy is a booming sector and we need to make sure that people performing platform work have the employment position they deserve.Marian Jurečka, deputy prime minister and minister of labour and social affairsEU rules on platform work (background information)
Member states reach common position to improve protection of workers from risks of asbestos
Ministers settled their position on a proposal to tighten EU legislation protecting workers from the risks of asbestos. The Council wants to lower current exposure levels and carry out asbestos fibre-counting on the basis of a more modern method. If agreed, the new rules would ensure that no worker is exposed to a concentration of more than 0.01 fibres of asbestos per cm³. This is a tenfold decrease compared to the value currently in force. Member states also decided to use a more modern and sensitive method for counting asbestos fibres, i.e. electron microscopy (EM).
Before becoming law, the Council and the European Parliament need to agree on a joint position on the proposed revision.
Stronger protection of workers from the risks of asbestos will save lives. EU member states must drastically limit workers' exposure to the danger of asbestos and I am glad they are ready to do so.Marian Jurečka, deputy prime minister and minister of labour and social affairsAsbestos: Council agrees to improve protection of workers (press release, 8 December 2022)
Protecting workers: health and safety at work (background information)
New recommendations: Long term care and childhood care and education
The Council adopted a recommendation on early childhood education and care. It recommends that:at least 45% of children below the age of three participate in early childhood education and care (Specific targets apply to member states that have yet to reach the 2002 goals.)
at least 96% of children between the age of three and the starting age for compulsory primary education should participate in early childhood education and care
A second recommendation on affordable high-quality long-term care was also adopted today. It proposes actions to make care more accessible, affordable and of better quality.
Ministers finally held a policy debate about the European Care Strategy where they addressed in particular ways to improve the availability, quality, accessibility and affordability of care services in the current political and economic context.EU ministers adopt recommendations on early childhood and long term care (press release, 8 December 2022))
A European Care Strategy (European Commission)
The presidency presented a progress report about a proposed Equality Directive, a proposal to extend protection against discrimination on the grounds of religion or belief, disability, age or sexual orientation to areas outside employment. The presentation by the Commission of the European Semester autumn package, was followed by an exchange of views of ministers and a review of the Council recommendation on the integration of long-term unemployed into the labour market.
Ministers also approved two conclusions: on the inclusion of persons with disabilities in the labour market and on gender equality in disrupted economies.
Member states finally reached a political agreement on a Council recommendation on adequate minimum income.Equal treatment directive (progress report)
Conclusions on the inclusion of persons with disabilities in the labour market
Conclusions on gender equality in disrupted economies
Council recommendation on adequate minimum income ensuring active inclusion (political agreement)
Other business
The presidency informed delegations on the state of play on the decision on the European Year of Skills 2023, on the conferences held during its term and on the Czech government’s meetings in Ukraine.
The Commission provided information on the upcoming directives on strengthening the role and independence of equality bodies and on the state of play on the European Platform on Combatting Homelessness.
The upcoming Swedish presidency finally presented its work programme.
Meeting information
Meeting n°3919
Brussels
8 December 2022
09:30
Preparatory documentsProvisional agenda
Background brief
