This record is a partial extract of the original cable. The full text of the original cable is not available.

UNCLAS SECTION 01 OF 02 BRUSSELS 001514 
 
SIPDIS 
 
DHS FOR BTS, CBP, ICE 
DOJ FOR CRM 
ROME ALSO FOR DHS 
 
E.O. 12958: N/A 
TAGS: PREL PREF SMIG PL AL LY EUN USEU BRUSSELS
SUBJECT:  WARSAW WINS SEAT OF EU BORDER AGENCY; EU 
TO INTENSIFY CONTACTS WITH LIBYA ON MIGRATION FLOWS 
 
 
SUMMARY 
------- 
 
¶1.  EU Justice and Home Affairs Ministers (JHA 
Council) on April 14 agreed that Warsaw would be the 
seat of the newly created Agency for the management 
of the EU external borders.  The ministers also 
agreed to intensify contacts with Libya in order to 
combat illegal immigration, while insisting that 
cooperation must be based on respect for the Geneva 
Refugee Convention (which Libya has not signed). 
The Council tasked the Commission to submit a 
proposal for setting up a mutual information system 
among Member State authorities in the immigration 
and asylum areas.  The EU also signed a readmission 
agreement with Albania.  Justice-related matters 
discussed at the meeting will be reported SEPTEL. 
END SUMMARY. 
 
EUROPEAN AGENCY FOR MANAGEMENT OF EXTERNAL BORDERS 
--------------------------------------------- ----- 
 
¶2.  Following hours-long negotiations among EU 
Justice and Home Affairs Ministers (JHA Council) on 
April 14, Luxembourg Justice Minister/Council chair 
Frieden announced that Warsaw would be the seat of 
the Agency for the management of the EU external 
borders.  Frieden thus succeeded to break another EU 
deadlock, after the appointment by the JHA Council 
of a new head of EUROPOL last February.  The Agency, 
the creation of which was decided last year, will be 
tasked "to facilitate the application of existing 
and future Community measures concerning management 
of the EU's external borders by coordinating Member 
States' actions to implement those measures." 
Budapest, Valletta, Ljubljana and Tallinn were also 
candidates for hosting the Agency but Poland as the 
country with the longest stretch among the new EU 
members argued that its capital would be the logical 
choice.  (Note:  Poland's border with Belarus is the 
primary entry point for the EU's largest group of 
asylum seekers: Russian citizens, primarily 
Chechens.  End Note.) 
 
¶3.  Delays in deciding on a venue and a director for 
the new border agency were becoming an embarrassment 
for the Luxembourg Presidency.  Speaking to the 
press, a jubilant Frieden presented the deal as 
"another proof that the EU-25 can function, even 
when consensus is required."  The decision should 
enable the Agency to "become operational as soon as 
possible, since it is supposed to begin its work on 
May 1."  The deal will also "allow the budgetary 
authorities to release the necessary funds and the 
Board of Directors to soon appoint the Agency's 
Director, based on a short list that the Commission 
will submit."  A Commission contact privately told 
us that a Finnish candidate looks best placed to be 
the first head of the Agency. 
 
IMMIGRATION COOPERATION WITH LIBYA 
---------------------------------- 
 
¶4.  Commission Vice-President Frattini reported on a 
mission of information conducted to Tripoli at the 
end of 2004 with a view to exploring possible 
cooperation between the EU and Libya in the fight 
against illegal immigration.  Luxembourg Minister 
delegate for Immigration Schmit told a press 
conference ensuing discussions in the Council showed 
"a willingness to continue along the path of 
cooperation and intensified cooperation with Libya, 
which is moving closer to the Barcelona Process." 
Schmit specified that the rapprochement with Libya 
should be based on respect of principles of the 1951 
Geneva Convention (which Libya has not signed) and 
explained that the EU wanted to "assist Libya with 
the setting up of institutions to implement these 
principles" and "to better protect the many refugees 
who are in that country." 
¶5.  Frattini opined that the report from the fact- 
finding mission, which included representatives from 
several Member States, highlighted the "rules to be 
respected regarding the protection of fundamental 
rights."  Frattini said the Commission would present 
a pilot project for cooperation on migration 
policies with the region.  The plan would have 
"nothing to do with the financing of camps in 
transit countries" (a reference to an earlier 
controversy over a proposal to set up migrant 
processing centers in Libya and other countries 
outside the EU).  When asked how the EU could 
justify cooperating with the country that has 
sentenced Bulgarian health workers to death, 
Minister Schmit referred to the EU's continuing 
efforts to seek their release, while arguing that it 
cannot ignore the problem of illegal immigration. 
 
EXCHANGE OF INFORMATION ON MIGRATION POLICIES 
--------------------------------------------- 
 
¶6.  The Council adopted conclusions without 
discussion, paving the way for the setting up of a 
mutual information system among Member State 
authorities in the areas of migration and asylum. 
Member States are expected to tell each other about 
any measure in the pipeline that could have an 
impact on the other countries or the EU as a whole. 
The Commission was tasked to submit a formal 
proposal by the end of May 2005.  The initiative, 
spearheaded by the Luxembourg Presidency and 
Frattini, was prompted by the decision of the 
Spanish government earlier this year to regularize 
non-EU nationals illegally working in Spain. 
Frattini made it clear his proposal would cover "all 
kinds of decisions, whether they effect illegal or 
legal immigration." 
 
READMISSION AGREEMENT WITH ALBANIA 
---------------------------------- 
 
¶7.  On the fringes of the meeting, the EU signed a 
readmission agreement with Albania, the fourth pact 
of that sort coming after similar agreements with 
Macao, Hong Kong and Sri Lanka.  As a general 
principle, these pacts (which the EU has been at 
pains negotiating with other countries such as 
Russia, Ukraine, Algeria, and Morocco) provide for 
each contracting party to readmit its own nationals, 
who have been illegally residing in the other 
contracting party.  Minister Schmit hailed the new 
pact as "a significant and encouraging signal" and a 
useful step on the path toward Albania's concluding 
a Stabilization and Association Agreement with the 
EU.  Schmit used the occasion to press Albania to 
undertake further reforms, particularly against 
organized crime, trafficking, and corruption; to 
strengthen the judicial system and public 
administration; and to ensure the proper operation 
of democracy and preserve the political stability 
needed to rapidly implement reforms. 
 
JHA FINANCIAL PROGRAMS 
---------------------- 
 
¶8.  Vice-President Frattini presented the Commission 
detailed proposals for EU programs in the area of 
justice, freedom and security under the proposed EU 
financial framework for 2007-2013.  Under this 
package, EUR 5.9 billion/USD 7.5 billion would be 
earmarked for border control, asylum and immigration 
projects.  German Interior Minister Schily, whose 
country is seeking to limit EU expenditure to 1.0 
percent of the EU's GNI over the period, said the 
Commission proposals were not acceptable as such and 
cautioned not to earmark EU funds for matters 
falling in the scope of national competencies.  In 
particular, border control was "a matter for 
national authorities" and EU financing could only be 
envisaged for cooperation projects involving all EU- 
25 such as the above-mentioned Agency for the 
management of the EU external borders. 
 
MCKINLEY