Brussels, 14/10/2002 (Agence Europe) - The fifteen Justice Ministers of the European Union finally obtained a political agreement on the decision framework proposal on child-pornography, almost two years after the Commission submitted its proposal. This is the main result of the first day of the Justice and Home Affairs Council, which on Monday, focused on justice and police issues. On the other hand, there is still stalemate on the framework decision on drug trafficking, although the main protagonists claimed that they were optimistic. Here is a brief outline of the main results (see EUROPE 12 October p 8-9 for details):
- Sexual exploitation of children and child pornography: Member States finally reached an agreement on the paper, following months of debate. The Minister of Justice, Lene Espersen, welcomed the agreement that would guarantee that crimes against children would be severely punished in all Member States. In the morning, Austria lifted its reservations, but the Netherlands maintained theirs (EUROPE 12 October) while waiting to see the results on the discussions on drugs. They finally agreed to unblock the paper, especially because the new draft compromise proposal by the Presidency on drugs is rather in favour of their position. While the paper is being formally adopted (after the lifting of Parliamentary reservations) and when it enters into force, the sexual exploitation of children (less than 18 years old) will be defined as that of forcing children into prostitution and participating in pornographic acts or using children for other means: recruiting children for such acts, have sexual relations with a child (under 18 years of age) through the use of force or threat, money, abuse of authority or influence. Child pornography is the production, distribution, diffusion, acquisition or possession of pornography involving children. This may also include an adult who seems to be less than 18 years of age or realistic virtual imagery. Nonetheless, Member States cannot penalise child pornography if it involves an adult or if the child has reached the age of sexual consent and has given his/her consent without being put under pressure, or if it is a virtual image used only for private use by the person who produced the image. The acts defined by this decision should be liable to 1-3 years imprisonment for most infringements, 5-10 years for the most serious acts (mainly forcing a child to prostitution or to pornography).
- Definition and sanction for drugs trafficking. The Council President Lene Espersen was confident that an agreement could be reached at the JHA Council of 21 and 22 November. Commissioner Vitorino will be "keeping his fingers crossed". There is still a long way to go between now and then. "We are seeking to find a compromise on the position of the Netherlands on one hand and that of the other Member Sates on the other", Ms Espersen recalled. The text remains unchanged for the more serious infringements (EUROPE of 12 October, p.9), but the Presidency tabled a new compromise on the controversial point
of the least serious infringements. It proposes no longer harmonising sanctions with a maximum threshold of at least 1-3 years, but indicating that the sanctions must be effective and dissuasive and may give rise to extradition. It would seem that this proposal was relatively well received, but ministers did not wish to take a stance before having more details, mainly on the question of the level of sentence required for extradition. Dutch Minister H.J.Donner said he was quite pleased with the proposal. Sweden wants more time to examine it. French Minister Dominique Perben appreciated a position that is "relatively more constructive on the part of the Netherlands". France, like others, called for an expertise on the text, which nonetheless represents a "step backwards for the Fourteen", he said, adding that "we'll see in November".
- Mutual recognition of fines:
The Fifteen did not come to an agreement on this issue, and the President did not even mention it in the results presented. "We need more time and more flexibility on the part of Member States", she said in response to a question. Commissioner Vitorino was far more critical, insisting on the fact that it was necessary to be "crystal clear about the abolition of dual criminality". It would be "unacceptable for us to go below what was done for the European arrest warrant", he added. He affirmed that no-one would understand it if there were more exceptions for financial penalties than for a decision which affects people's freedom.
- Legal aid: The Council reached a political agreement on the proposal of directive on free legal aid (lawyer, interpretation …) for persons who cannot meet the cost of justice in a civil or crossborder commercial affair. The Fifteen approved the Presidency's compromise that will allow the countries that so wish to exclude commercial affairs or defamation (United Kingdom, Ireland, Netherlands and Luxembourg in the first case, the United Kingdom and Ireland in the second). The entry into force is foreseen two years after its publication in the Official Journal except with regard to preliminary measures, for which the directive will take effect after four years (EUROPE of 29 January).
- Corruption in the private sector: The Council did not reach an agreement on this proposal for a framework decision put forward by the Presidency. Blocking remains the same, and the Council will come back to this issue in November (see EUROPE of 26 July, p.10). The Presidency hopes to reach agreement in November.
- Confiscation of the proceeds of crime: There was general agreement for strengthening the possibilities of confiscation but limited to a specific number of well defined crimes, and the work of the group will continue along these lines, said one diplomat (see EUROPE of 12 October).
- War crimes and genocide: The Council reached a political agreement on this decision which provides for Member States to ensure that their forces of order are systematically informed of any suspicion that the immigration services may have regarding a person asking for a permit to stay and that could be suspected of genocide, crimes against humanity or war crimes. Member States should co-operate among themselves, especially exchanging information on suspect people who may have resided in different Member states. Parliamentary reservations remain on the part of France, Ireland, the Netherlands, Sweden and the United Kingdom. They will have to be waived for definitive adoption.
- Criminalisation of harm to the environment: contrary to what was announced at last week's Council, the Fifteen did not approve a framework-decision relating to the criminalisation of harm to the environment. There is no problem as to substance, but there remains a parliamentary reservation that prevented its adoption on point A, a diplomat explains. The reservation is expected to be waived by the next Council (see EUROPE of 12 October, p.9).
- Europol: there was political agreement on the fact that, for the selection of Europol directors and deputy directors, the office's steering committee shall present the Council with a whole list of candidates, pointing out which candidates it recommends, says a Presidency diplomat.
