Highlights

© Fotolia, Dmitry Sunagatov

The EU has finalised the creation of an "enabling environment" that will help those member states who wish to do so to receive ex-detainees from Guantanamo.

A mechanism for information sharing between member states and Schengen associated countries was adopted by the EU Home Affairs Ministers on 4 June 2009. This mechanism will allow sharing of security information before and after a decision of a country to receive former detainees.

The enabling environment also includes a joint EU-US statement that has been endorsed by the EU and the US on 15 June 2009. The statement sets the framework for cooperation with the US on the closure of Guantanamo and paves the way for strengthening cooperation on counter-terrorism in the future.

The joint statement reaffirms that the primary responsibility for closing Guantanamo and finding residence for the former detainees rests with the US. It also addresses the financial implications of the reception of ex-detainees. Transfers will be negotiated and carried out bilaterally between the US and the member state concerned.

The decisions of whether or not to accept former detainees from Guantanamo will be taken on a case-by-case basis. EU member states alone decide if and under what conditions they accept detainees.Only former detainees who are "cleared for release" - not liable to prosecution in the USA - who have expressed their wish to be relocated in the EU, and who, for compelling reasons, cannot be returned to their home country, will be admitted.

More information:
Factsheet on the closure of Guantanamo (pdf) 
Council webcast of press conference