US embassy cable - 04BRUSSELS1929

UNCLAS SECTION 01 OF 02 BRUSSELS 001929 
 
SIPDIS 
 
DHS FOR IAO, BORDER PATROL 
DOJ FOR CRM 
 
E.O. 12958: N/A 
TAGS: PREL, CASC, KCRM, EUN, USEU BRUSSELS 
SUBJECT:  EU AGREES ON MUTUAL RECOGNITION OF 
CONFISCATION ORDERS 
 
REF: (A) USEU BRUSSELS 1450; (B) USEU BRUSSELS 1338; 
 
     (C) USEU BRUSSELS 753 ; (D) USEU BRUSSELS 1911 
 
SUMMARY 
------- 
 
1.  EU Ministers for Justice and Home Affairs (JHA) 
on April 29-30 agreed on the application of the 
principle of mutual recognition to confiscation 
orders, a follow-up to the March 26 European Council 
Declaration on Combating Terrorism.  The Commission 
will bring forward by June further proposals for the 
exchange of information for law enforcement 
purposes, including terrorism and the exchange of 
passenger data for border and aviation security. 
The Council also requested proposals on the exchange 
of information on lost and stolen passports in 
keeping with a requirement in the March Council 
Declaration on Combating Terrorism.  Ministers 
failed on a new Director for EUROPOL starting in 
June 2004.  END SUMMARY. 
 
MUTUAL RECOGNITION OF CONFISCATION ORDERS 
----------------------------------------- 
 
2.  The JHA Council meeting in Luxembourg on April 
29 reached a "general approach" (subject to 
parliamentary scrutiny reservations) to the text of 
a Framework Decision on the application of the 
principle of mutual recognition to confiscation 
orders.  Further technical work is required on an 
annex to the draft.  Under this new piece of 
legislation, a Danish initiative, a Member State is 
obliged to recognize and execute in its territory 
confiscation orders issued by a court competent in 
criminal matters of another Member State.  The 
stated goal, according to EU officials, is "to 
ensure that all Member States have effective rules 
governing the confiscation of proceeds from crime, 
inter alia in relation to the onus of proof 
regarding the source of assets held by a person 
convicted of an offence related to organized crime." 
 
FOLLOW-UP TO DECLARATION ON COMBATING TERRORISM 
--------------------------------------------- -- 
 
3.  With CT Coordinator Gijs de Vries in attendance, 
the Council briefly noted achievements so far 
regarding the targets set by the European Council 
Declaration under its March 26 Declaration on 
Combating Terrorism, in particular: 
 
--The above agreement on confiscation orders, which 
  should enable the Council to meet its June 2004 
  deadline; 
 
--Agreement on the Council Regulation on the 
  introduction of new functions in the Schengen 
  Information System and the conclusions on the 
  location and management of the second generation 
  SIS (SIS II - ref D); 
 
--Formal adoption of the Victims of Crime Directive 
  (below) and of the Directive on the obligation of 
  carriers to communicate passenger data (ref D); 
 
--Progress in implementing instruments such as the 
  European arrest warrant (currently implemented in 
  12 Member States) and joint investigation teams. 
 
4.  Irish Justice Minister/Council chair Mc Dowell 
told a press conference further progress would come 
shortly with the publication of a draft Framework 
Decision on the retention of communications traffic 
data sponsored by Ireland, the UK, France and 
Sweden.  He described the tabling of the measure 
together with Commission proposals for the exchange 
of information on terrorist offences as a speedy 
response to the new legislative proposals.  Mc 
Dowell noted that the Commission would also bring 
forward by June further proposals for the exchange 
of information for law enforcement purposes, 
including terrorism and the exchange of information 
of passenger data for border and aviation security. 
The Council also requested proposals on the exchange 
of information on lost and stolen passports in 
keeping with the requirement in the European Council 
Declaration.  The Irish Presidency will set out, in 
a new Action Plan, a detailed implementation 
strategy in relation to outstanding matters related 
to the CT Declaration. 
 
NEW EUROPOL DIRECTOR 
-------------------- 
 
5.  Ministers failed to reach the necessary 
consensus on who will be the Director of EUROPOL 
starting in June.  They will have to return to the 
issue in June.  There are three candidates in the 
running:  the German incumbent Jurgen Storbeck, 
Frenchman Jacques Franquet and Italian Emmanuelle 
Marotta. 
 
OTHER ITEMS 
----------- 
 
6.  Among other issues, the Council also: 
 
--Formally adopted a Directive relating to 
  compensation to crime victims that sets up a 
  system of cooperation to facilitate access to 
  compensation for victims in cross-border 
  situations.  The competent authority of the Member 
  State where the crime was committed shall pay 
  compensation.  The Directive provides that Member 
  States will have relevant national provisions in 
  place by July 1, 2005 to ensure compensation to 
  victims of violent intentional crime. 
 
--Held a discussion with Michael O'Kennedy, 
  President of EUROJUST (EU Prosecutors' Office), 
  based on his agency's annual report for 2003. 
  There was a 50 percent increase in EUROJUST case 
  referrals last year.  The conclusions task 
  EUROJUST to examine the scope for further measures 
  to improve its capacity to contribute to the fight 
  against terrorism. 
 
FOSTER