Brussels, 28/11/2001 (Agence Europe) - Intense discussions are continuing on the Justice chapter of the fight against terrorism (see EUROPE of 19/20 November, p.11) for preparation of the JHA Council on 6 and 7 December. If the possibility of reaching an agreement on the incrimination of terrorism is confirmed, the adoption of the European arrest warrant remains pending subject to highly political wrangling. The framework decision on the freezing of assets will probably not be adopted in this Council, as too many issues are still on the table. The Council is expected to adopt a decision against the sexual exploitation of children, find a political agreement for the creation of Eurojust, and sign, perhaps in the presence of Colin Powell, a cooperation agreement between Europol and the United States (the agreement does not cover the exchange of data, which is to be the subject of a second agreement). It will take another week of work by experts and permanent representatives to prepare for this Council.
European arrest warrant. The Presidency's aim is still to adopt the European arrest warrant during the Council, and to avoid a special session on the fringe of the Laeken Summit, but there are still many difficult issues to be resolved. Presidency sources state that the "technical" problems should be resolved. Then there is a difficult political agreement to be found on the scope of the mandate, which is now the subject of bilateral agreements between ministers. Belgium is seeking to convince Italy and Ireland to accept the list of 30 infringements approved by the 13 other States. Italy proposed a list of six infringements (organised crime, terrorism, sexual exploitation of children and child pornography, illegal drugs trafficking or arms trading, and people smuggling). It assures, however, that its position is "open". Discussions also cover the Luxembourg proposal of a 4-year threshold over which a country may refuse to carry out the European arrest warrant if the offence in question is not penalised by its legislation. European sources state that it is hoped an agreement will be found on the handing over of nationals, which poses a problem for Austria (this problem being political rather than constitutional, according to the same sources) and to Greece (the "constitutional" nature of this reserve is "a question of interpretation of the texts", the same sources affirm).
Terrorism. The framework decision on the incrimination of terrorism could be adopted during this Council. Sources close to this issue say they are "optimistic", even though it is "not yet taken on board". For the main outstanding issue, that of sanctions, there is a move forward to a compromise on a sentence of at least 8 years for taking part in a terrorist group and of at least 15 years for leading a terrorist group. This compromise comes half-way between the Presidency proposal (8 and 20) and that made by Germany at the last Council (5 and 15). The proposal would no longer pose a problem for Finland, where the maximum penalty threshold is 12 years, except for some crimes, to which life sentences may apply. Discussions are under way between the government and the Finnish Parliament in order to find a compromise. There is also opposition of principle from Austria to harmonisation of penalties. The common definition of terrorism was the subject of an agreement at the last Council.
During this time, discussions were heated concerning the elaboration of a European list of terrorist groups. Should one include political groups or parties that may serve as a "legal display case" for terrorist groups? The debate is mainly being held in Spain and between Spain and its partners. The declarations made last Friday by a Commission spokesperson, who had hinted that no political party would be included on the list, and stressing that "to date no democratically elected political party is considered a terrorist group by its government", had caused quite a stir in Spain. Could the compromise cover the inclusion on the list of members of such parties who are found guilty of affairs linked to terrorism, without including the parties themselves? There is great discretion surrounding this question, and the debate has not yet been settled. Another question asked is whether the list must include all terrorist groups whether or not they act in Europe. The scoreboard for the fight against terrorism, adopted by the Fifteen after the attacks on 11 September, speak of the identification of presumed terrorists in Europe as well as the organisations that support them in order to establish a common list of terrorist organisations. In Ghent, the Fifteen expressed the hope that the list would be established "before the end of the year". The list is not expected to be on the agenda of the JHA Council.