US embassy cable - 04BRUSSELS3101

UNCLAS SECTION 01 OF 03 BRUSSELS 003101 
 
SIPDIS 
 
DHS FOR IAO, BORDER PATROL 
DOJ FOR CRM 
ROME ALSO FOR INS 
 
E.O. 12958: N/A 
TAGS: PREL, PTER, SMIG, PREF, CMGT, CVIS, KCRM, EUN, USEU BRUSSELS 
SUBJECT:  EU/JHA: TOWARD A NEW MULTI-ANNUAL PROGRAM; 
LINKING OF CRIMINAL REGISTRIES; NO EUROPOL HEAD YET 
 
REF: USEU BRUSSELS 2477 
 
SUMMARY 
------- 
 
1.  The EU Council of Ministers for Justice and Home 
Affairs (JHA) on July 19 began preparations for a 
new multi-annual JHA program building on EU work 
over the past five years to establish "a common area 
of freedom, security and justice."  Noting the 
persisting deadlock on the appointment of a new 
Europol Director, the Council decided to relaunch 
the process from scratch: the Dutch Presidency now 
expects new candidacies to be presented as a way of 
overcoming the disagreement between France and 
Germany.  The Council also took stock of cooperation 
against terrorism and heard a presentation from 
Greece of security measures for the Athens Olympics. 
Ministers discussed prospects to create a pan- 
European criminal registry.  Rather than moving 
toward the creation of a brand new tool, the 
Commission will propose the interconnecting national 
registries and implementation of short-term measures 
for exchanging information on serious criminals such 
as pedophiles and serial killers.  Contrary to 
earlier indications, Hungary did not complain about 
a Commission proposal to soften the mechanism that 
allows for visas to be automatically imposed on non- 
EU countries, such as the U.S., that have a visa 
requirement for some Member States.  Full text of 
the Council conclusions has been transmitted to 
EUR/ERA and Embassy The Hague.  END SUMMARY. 
 
NEW MULTIANNUAL PROGRAM 
----------------------- 
 
2. The Council held an initial "orientation debate" 
on a new multi-annual program intended to build on 
EU work of the past five years (known as the 
"Tampere agenda") to establish "a common area of 
freedom, security and justice".  This discussion 
will continue at Council meetings in 
September-October, and should lead to endorsement by 
EU leaders on November 5, 2004 of policy guidelines 
covering the various JHA areas.  Speaking to the 
press, Dutch Justice Minister Donner said the 
initial debate confirmed a widespread emphasis on 
cooperation in the fight against crime and 
terrorism; on rules on the admission of aliens into 
the EU; and in civil, criminal and commercial law. 
Donner said the exchange of information among legal 
and judicial authorities of EU members would be "of 
crucial significance" in the years ahead.  He 
reported "a great willingness to take further 
effective steps."  Dutch Interior Minister Remkes 
also noted the need to strengthen Europol ("more 
information and more analysis, leading to 
operational action").  Immigration ministers further 
discussed the development of a common European 
asylum policy and greater coordination on 
integration, which the Dutch suggest should become 
an essential component of a comprehensive EU 
migration policy. 
 
3.  A Presidency discussion paper on the new program 
highlights the need for implementation of the 
existing EU legal framework, integration of the new 
Member States, and creation of a European legal and 
judicial system.  Donner said the general reaction 
was supportive.  While conceding that the level of 
ambition was not uniform among delegations, he noted 
that Dutch JHA planning was based on the existing 
Treaty provisions, while the program itself would 
extend to when the EU could be governed by its new 
Constitutional Treaty.  Hence the Commission 
proposal for a mid-term review of the program that 
could coincide with the entry into force of the 
Constitution (at the end of 2006). 
 
COUNTERTERRORISM 
---------------- 
 
4.  The Council took stock of the implementation of 
the Action Plan/Roadmap following on last March's 
Declaration by EU leaders on combating terrorism. 
CT Coordinator de Vries recalled the CT priorities 
identified by the European Council:  financing, 
civil protection, protection of critical 
infrastructures and external relations policy. 
Commissioner Vitorino drew attention to a Commission 
communication on access to information by law 
enforcement agencies, an item that will be further 
discussed at the October 25-26 JHA Council. 
 
SECURITY AT THE OLYMPICS 
------------------------ 
 
5.  The Greek delegation reported on security 
measures adopted ahead of the Olympics.  Minister 
Donner told a press conference the Greek measures 
came across as "extremely professional, covering the 
whole Greek territory and involving a large number 
of people in training." 
 
EUROPOL HEAD 
------------ 
 
6.  Ministers could not break the deadlock on 
appointment of a new Director of Europol, a position 
that has been vacant since the end of June (REFTEL). 
Germany has pressed for the reappointment of 
outgoing Director Storbeck, while France and Italy 
have pushed their own candidates.  With the required 
consensus proving impossible on any of the three 
names, Minister Remkes told the press the ministers 
concluded it would be a good idea "to relaunch the 
procedure from scratch."  Remkes made it clear the 
Dutch expect new candidacies to be presented and 
that the selection procedure should lead to "a 
sensible choice of a very good candidate." 
Meanwhile, Storbeck's Deputy, Spain's Mariano 
Simancas, continues as acting Director.  While 
Spanish delegates declined to say whether they would 
propose him for the top job, France is reported as 
giving up on its own candidate (Franquet). 
 
EUROPEAN CRIMINAL REGISTRY 
-------------------------- 
 
7.  Per request of the Belgian delegation, the 
Council discussed prospects for establishing a pan- 
European criminal registry.  The Belgians invoked 
the recent cross-border case of a serial killer who 
was able to work in a Belgian school although he had 
been convicted for abusing minors in France. 
Minister Donner said ministers concurred the EU 
eventually needs to develop a system whereby it 
would be possible to exchange information, but that 
a number of preventive measures were also needed for 
the short-term.  Commissioner Vitorino announced the 
Commission would present a "white book" on the 
subject by year's end, as well as legislative 
proposals on the mutual recognition of convictions 
and the interconnection of national criminal 
registries.  Prior to that, a proposal will be 
tabled in October on measures for exchanging 
information about serious criminals such as 
pedophiles and serial killers.  Donner made it clear 
the EU was not likely to move toward the creation of 
a brand new pan-European criminal registry, but 
rather a linked-up system.  He noted that France, 
Spain and Germany intended to forge ahead with plans 
to share their criminal records. 
 
NEW PAPERS ON IMMIGRATION, RETURN, INTEGRATION 
--------------------------------------------- - 
 
8.  Commissioner Vitorino presented a number of 
Communications to the Council, in particular: 
 
- A Communication on a common readmission/return 
  policy: This outlines the main problems 
  encountered by the Commission in its ongoing 
  negotiations for the conclusion of readmission 
  agreements.  EU sources noted that since September 
  2000, the Commission has been authorized to 
  negotiate Community readmission agreements with 11 
  non-EU countries or territories and that to date, 
  only four of these negotiations have been 
  successfully completed (with Hong Kong, Macao, Sri 
  Lanka and Albania).  The main lesson learned by 
  the Commission is that successful conclusion of 
  such negotiations often requires compensatory 
  offers or EU "incentives."  Vitorino, who is 
  hoping for the conclusion of an agreement with 
  Russia "pretty soon," complained limited EU 
  resources to support readmission/reintegration 
  actions (15m euro a year until 2006).  Dutch 
  Minister for Immigration and Integration Verdonk 
  said those issues would be discussed at the 
  October-November JHA Councils. 
 
- The annual report on migration and integration in 
  Europe: An overview of migration trends in Europe, 
  the report is a new instrument to review the 
  development of a common immigration policy.  It 
  underlines the need for a level-playing field in 
  terms of admission policies for economic migrants 
  and the need for strengthening and developing 
  policy instruments to address integration of non- 
  EU nationals.  Minister Verdonk said the Dutch 
  Presidency would present to the informal JHA 
  Council at the end of September "an approach 
  involving European principles on integration," to 
  be followed by a conference in November. 
 
--A Communication on a single procedure for 
  processing of applications for protection: The 
  Council earlier this year formally adopted a 
  Directive on minimum standards for the 
  qualification and status of third country 
  nationals and stateless persons as refugees or as 
  persons who otherwise need international 
  protection (Qualification Directive) as well as a 
  political agreement on a Directive setting minimum 
  standards on procedures for granting and 
  withdrawing refugee status (Asylum Procedures 
  Directive).  With these two texts, the EU will 
  have completed the first stage of its legislative 
  program for the establishment of a Common European 
  Asylum System.  Meanwhile, EU leaders in June 2003 
  called for further reinforcement of asylum 
  procedures to make them more efficient and speed 
  up processing of non-protection related 
  applications.  According to the Commission, taking 
  steps toward a single procedure, whereby all 
  possible requests for protection are addressed in 
  a single examination, would answer those demands. 
 
9.  Further details on these papers are available 
from http://europa.eu.int/comm/justice_home/news. 
 
MCKINLEY