Brussels, 29/11/2002 (Agence Europe) - Although the Danish Presidency and other diplomats had announced it was an acquired fact that the Council would give its go-ahead to the signing of the agreement between Europol and the United States on the exchange of personal data, this point was finally taken off the agenda. Most Member States, beginning with the large countries, considered that the dossier was "not absolutely ripe", one diplomat explained. It was late Thursday evening when the Danish Justice Minister approached the Home Affairs Ministers and insisted on its adoption. It has to be said that the Presidency had already scheduled the signing of the agreement for mid-December (see EUROPE of 27 November, p.7). According to experts on the issue, the main problem is Europol's immunity in the United States. It has to be said that as we stand, it is not all that clear if Europol could be prosecuted in the United States concerning information exchange. This question is said only to have been raised at Wednesday's Coreper, and the ministers had only just received important documentation on the subject, and did not have time to examine it properly. Several Member states asked for clear guarantees. For some diplomats of countries that have asked for the text to be withdrawn from the agenda, there is also a problem of substance as to what becomes of data once transmitted to the United States, but no state is said to have raised this question at Coreper. The agreement was negotiated then initialed between Europol and the United States. Member States do not themselves negotiate, but if they do not agree with the text they will ask Europol to start negotiations all over again. The Presidency has instructed the next Coreper to look at the question.
Member States did, however, discuss over lunch negotiations between the European Union and the United States on legal and extradition co-operation. We shall return.