US embassy cable - 04BRUSSELS2477

UNCLAS SECTION 01 OF 02 BRUSSELS 002477 
 
SIPDIS 
 
DHS FOR IAO, BORDER PATROL 
DOJ FOR CRM 
ROME ALSO FOR INS 
 
E.O. 12958: N/A 
TAGS: PREL, CASC, KCRM, EUN, USEU BRUSSELS 
SUBJECT:  EU FAILS TO AGREE ON NEW EUROPOL DIRECTOR 
 
REF: USEU BRUSSELS 1929 
 
SUMMARY 
------- 
 
1.  EU Ministers for Justice and Home Affairs (JHA) 
on June 8 failed to reach the necessary consensus on 
who will be the Director of EUROPOL as from July 1, 
2004.  Ministers reached complete agreement on the 
principle of mutual recognition of confiscation 
orders.  JHA Commissioner Vitorino reported on the 
Commission's assessment of the five-year EU "Tampere 
program" for creating an area of freedom, security 
and justice.  The Irish Presidency reported on the 
Dublin Conference that launched discussions on the 
future EU Drugs Strategy for 2005-2012.  Full text 
of the JHA conclusions has been forwarded to 
EUR/ERA.  Counter-terrorism and immigration issues 
will be reported SEPTEL(s).  END SUMMARY. 
 
NEW EUROPOL DIRECTOR 
-------------------- 
 
2.  EU Ministers for Justice and Home Affairs 
Ministers at their June 8 Council meeting in 
Luxembourg failed to decide who would be the 
Director of EUROPOL as from July 1, 2004.  The 
incumbent, Germany's Jrgen Storbeck, whose term 
finishes at the month's end, is seeking a renewal of 
his mandate with the backing of his government. 
Jacques Franquet, Director of the international and 
technical cooperation service in the French police, 
is said to be the front-runner but does not attract 
the required consensus.  Italian officer Emanuele 
Marotta is also in the running though some EU 
officials say that the race is actually between the 
French and German candidates. 
 
3.  Irish Justice Minister/Council chair McDowell 
told his post-Council press conference -- the last 
of his six-month term in office -- the Presidency 
would pursue its efforts to secure a resolution of 
the issue for the next two weeks.  He noted that if 
the position remains vacant on July 1, Storbeck's 
deputy would take over in an interim capacity in 
line with a provision in EUROPOL's statute.  Some 
observers speculated that the issue might be 
referred to EU leaders next week but McDowell did 
not raise this prospect, saying that any EU Council 
meeting could formalize an agreement before the 
month's end.  He conceded that failure to fill the 
position could affect EUROPOL's credibility.  Dutch 
Interior Minister and upcoming Council chair Remkes, 
obviously unwilling to inherit the problem next 
month, went further to describe the Council's 
deadlock as "a complete disgrace." 
 
4.  Some sources at the meeting said German Interior 
Minister Schily consider accepting the French 
candidate if the post of Director General for JHA in 
the Council (now in Belgian hands) was offered to a 
German. 
 
MUTUAL RECOGNITION OF CONFISCATION ORDERS 
----------------------------------------- 
 
5.  The Council confirmed its political agreement on 
the entire text of a Framework Decision on the 
application of the principle of mutual recognition 
of confiscation orders.  Under this piece of 
legislation, a Member State is obliged to recognize 
and execute in its territory confiscation orders 
issued by a court of another Member State competent 
in criminal matters.  The body of the draft had been 
agreed at the April 29 JHA Council meeting (REF.A). 
A certificate annexed to the instrument that will be 
used for the submission of requests for recognition 
of confiscation orders was subsequently approved at 
the level of the EU PermReps, thus enabling the 
Council to meet the June 2004 deadline set by EU 
leaders for adoption of this measure. 
 
ASSESSMENT OF TAMPERE PROGRAM 
----------------------------- 
 
6.  JHA Commissioner Vitorino reported on the 
Commission's assessment of the five-year EU "Tampere 
program" for creating an area of freedom, security 
and justice and proposals for future priorities. 
The assessment (summary forwarded to EUR/ERA) is 
generally positive, noting substantial progress in 
most JHA areas while pointing to the institutional 
constraints in this area under the current EU 
treaties.  Irish officials, who were able to record 
several achievements over the past few months, made 
it clear the identification of future priorities was 
a matter for the upcoming Dutch Presidency. 
 
FOLLOW-UP TO DUBLIN CONFERENCE ON DRUGS 
--------------------------------------- 
 
7.  The Irish Presidency reported on the Dublin 
Conference on "EU Strategy on Drugs - The Way 
Forward" held May 10-11 with the aim of providing an 
opportunity for Member States to exchange views on 
the 2005-2012 EU Drugs Strategy.  The Presidency 
said it was generally agreed at the conference that 
the strategy should be based on a balanced and 
multidisciplinary approach, on scientific evidence, 
on respect for the EU principles of subsidiarity and 
proportionality, and on providing added value in 
relation to the activities undertaken at national 
level. 
 
SCHNABEL