Brussels, 01/08/2002 (Agence Europe) - Attorney General John Ashcroft, US Justice and Police Secretary, is to be at the informal Justice and Home Affairs Council on 13 and 14 September in Copenhagen to take stock of progress in the negotiation of an agreement on judicial cooperation and extradition between the European Union and the United States, diplomatic sources state. Negotiations were launched at the end of the Spanish Presidency, after the Fifteen had approved, on 26 April, the negotiating brief entrusted to the Presidency, assisted by the Commission. There have already been several informal negotiating sessions and a formal session at the beginning of the Danish Presidency. The themes tackled during these first discussions were, at the request of the EU, best access to bank accounts and joint investigation teams and, at the request of the United States, the extradition of nationals and shortening of the list of exceptions foreseen for crimes that are said to be considered as political. Both parties also discussed confiscation of the proceeds of crime. Each announced its position, but there has not yet been an agreement, Community sources explain. On the basis of these first guidelines, a new text should be presented during the next negotiating session, to be held from 4 to 6 September in Washington, to be followed by another session from 23 to 25 September, still in the American capital. The dates foreseen for follow-up to this are from 22 to 24 October in Brussels or Copenhagen, and from 12 to 14 November in Washington. The Danish Presidency took stock of the state of progress of negotiations during the meeting of the Fifteen's JHA experts (committee Article 36) on 25 and 26 July.
After the attacks on 11 September, the European Union and the United States had pledged to strengthen their judicial cooperation, including on the question of extradition (EUROPE of 22 September). The United States had set out their expectations in detail in a letter (EUROPE of 24 October). Their main demands are the extradition of nationals, reduction of the list of exceptions for political crimes, temporary remission to allow for the time of the trial, and conservation of Internet data. On the EU side, emphasis has always been placed on guarantees concerning human rights, the death penalty and real life sentences, joint teams, data protection, and direct contacts between judicial authorities. Simplification of procedures is a common concern. The negotiating mandate approved by the Fifteen covers not only all judicial cooperation in penal matters but also with regard to extradition. It clearly states that no extradition or even legal assistance will be granted if the accused is liable to receive the death penalty (EUROPE of 27 April, p.10). The extradition of nationals is also a very sensitive point. Bilateral conventions on extradition already exist between the United States and each of the EU Member States. Eleven Member States (Austria, Belgium, France, Greece, Spain, Italy, Ireland, Luxembourg, Sweden, the Netherlands and the United Kingdom), soon to be joined by Germany, have signed a convention on judicial cooperation with the United States. According to one expert, for now only Germany, the United Kingdom, Italy and the Netherlands authorise extradition of their nationals under different conditions, while the Constitutions of four Member States (Greece, Portugal, Germany and Austria) formally prohibit it. On the American side, it has been said since discussions began that, without agreement on the extradition of nationals, an EU/US agreement would have little added value compared to the bilateral agreements.