Brussels, 23/01/2003 (Agence Europe) - One of the main objectives of the Greek Presidency with regards judicial and police cooperation will be to sign, during its term of office, the judicial cooperation and extradition agreements between the European Union and the United States. A new negotiating meeting is scheduled for end January. Both parties hope texts will be finalised at the meeting. The Greek Justice Minister, Philippos Petsalnikos, who presented the Greek Presidency's programme to the European Parliament's Committee on Citizens' Freedoms on Tuesday, said he was "very optimistic" that negotiations would be concluded during his presidency (diplomatic sources are hoping for it to be signed by May, while stressing that formal adoption will take more time). The Danish Presidency was successful, during the second half of 2002, in settling most of the sensitive issues on the negotiating table. In December, it was said that the guarantees obtained against the death penalty in the case of extradition were very high and that the agreement will not fix rules to follow for legal cooperation in the case where an indictee could face a death sentence (EUROPE of 18 December).
Unlike the Danish Presidency with its twelve initiatives, Greece is only expected to submit two legislative proposals, the texts of which are not yet ready. The Presidency hopes to ensure the "non bis in idem", that ensures that no-one can be judged twice for the same offence in two different countries. "We realised there was a deficiency on this legally very complex subject", Presidency sources explained. Furthermore, the Presidency is preparing a proposal for a framework decision against the trafficking of human organs in order to adopt a definition and a scale of common sanctions. In addition, Greece will be proposing a model of agreement for judicial cooperation with third countries.
Greek Justice Minister Philippos Petsalnikos presented these new initiatives and stressed that the Presidency was working to make progress on many issues already on the Council table. Below is an overview of the issues, accompanied by initiatives to be taken by the European Commission.
Judicial cooperation in criminal matters
Criminal procedure: The Commission plans to publish a Green Paper mid-February on the rights of the accused in criminal cases (EUROPE of 6 April 2002) and, in March, a proposal for a framework decision on mutual recognition of proof. The Commission has also included on its February agenda a communication on the methodology to be followed for harmonisation of criminal sentences.
Definition of and sanctions for drug trafficking: The Justice Ministers will be taking up this issue again, although it is still blocked by opposition between the Netherlands on one hand and France and Sweden on the other, on the subject of possession of small quantities of soft drugs (EUROPE of 20 December, p.8). Minister Petsalnikos pointed out that his country would do everything possible, mainly through bilateral contacts, in order to resolve this issue. Greece also hopes to have a resolution adopted on the therapies intended for prisoners with drug addictions (the Danish Presidency had already had conclusions adopted on this subject).
Mutual recognition of fines: After all solutions relating to the scope of the framework decision had been rejected by the Member States (positive list, negative list, time limit of derogation, etc.), the last Council called on the P residency to present a new proposal with a positive list of offences, that would contain the same offences as those under the European arrest warrant, to which must be added driving offences. Germany, Austria and Ireland wish to keep dual criminality to a maximum, unlike France, Spain and the United Kingdom.
Definition of and sanctions for racism and xenophobia: Positions differ greatly as to whether racist or revisionist remarks should be penalised at all cost or whether they should only be so if they have been committed with the intention to insult or threaten. France requests that the framework decision should make sanctions necessary for every case, whereas the northern countries consider this would run counter to freedom of expression.
Other subjects: The Council has still to approve three Danish proposals on the subject of: making environmental damage a criminal offence, professional disqualification and the recognition of confiscation decisions. Furthermore, it should confirm by formal approval political agreements obtained during the last term on the proposals for a framework decision for the fight against corruption in the private sector and the confiscation of goods and assets of criminal origin (EUROPE of 21 December, p.11), as well as the framework decision on child pornography and the sexual exploitation of children (EUROPE of 14/15 October, p.9). We recall that, during the last term, the Council gave its agreement to launch negotiations with Norway and Iceland for their participation in the European arrest warrant.
Police and terrorism
Terrorism: The Council will pursue its regular work on updating the European terrorist list and make an assessment of the national system for combating terrorism. During the last half year, the Fifteen approved a recommendation for developing a terrorist profile in an attempt to reach typical characteristics.
Europol: The question of transforming the Europol Convention into a regulation, largely discussed under Spanish Presidency (EUROPE of 1 March 2002) but taken off the agenda under Danish Presidency, still awaits the opinions of Member States. The Commission would like Member States to discuss the matter this term, but it is not certain this will be done. During the last Presidency, the Council adopted a Danish proposal intended to strengthen direct cooperation with the police services (EUROPE of 6 July 29002). However, as this is a protocol intended to modify the Convention, it has still to be ratified by all Member States, which could take several years. We recall that the agreement between Europol and the United States on the exchange of personal data was signed at the end of last year (EUROPE of 21 December, p.11). Furthermore, there was agreement of principle at the Council last December on Europol access to the Schengen information system, but not on the type of information accessible.
Police: During the last Presidency, the Council adopted a decision on the common use of liaison officers from Member States posted to third countries.
Schengen/Third countries: The conclusion of negotiations on Swiss association in the Schengen and Dublin Conventions depends for the most part on the results of the discussions on another chapter, that of savings tax. Both parties are still discussing the arrangements for Switzerland's application of the future Schengen developments. A new negotiating meeting on Schengen/Dublin was held on 22 January in Brussels (see yesterday's EUROPE). The Commission must now call on the Council to authorise the opening of negotiations with Liechtenstein in order to associate it with Schengen.
Judicial cooperation on civilian matters
After reaching an agreement in November on the court that would have competence to rule on the kidnapping of children by one of the parents, there are still some points to be settled before the Council can approve the regulation relating to parental responsibility (EUROPE of 30 November, p.7). The Council is also expected to examine the creation of a European executory title for undisputed claims (EUROPE of 4 January, p.4). The Commission has already published and is now preparing several initiatives intended to settle conflicts of legislation and jurisdiction relating to private law. Thus, it could, from March on and according to its agenda, submit a proposal of regulation on the law to be applied to non-contractual relations (Rome II) after having published a Green Paper, in January, on amending the Rome I convention on the law applicable to contractual relations (EUROPE of 18 January, p.11). Furthermore, the Commission announces a forthcoming action plan on contract law in the EU. We recall that the legal network for civil and commercial affairs has been working since 1 December last.
Councils of Ministers and seminars
The Justice and Home Affairs Ministers will be meeting in informal Council in Brussels on 27 and 28 February, on 8 May and on 5 and 6 June, and in informal Council on 28 and 29 March in Veria (Greece). The Greek Justice Minister specified that the informal Council on 28 and 29 March would be devoted to the minimum rules for protecting persons accused in criminal proceedings and to the Convention on reform of the institutions. He announced a series of seminars to be held in Greece: on 6 and 7 March, debate on Eurojust; on 1 and 2 May, second Congress of European Lawyers; on 22 and 23 May, meeting between the European Court of Auditors and the Greek Court of Auditors; on 22 and 23 May, meeting with Justice and Home Affairs Ministers of the Balkans; and on 16 and 17 June, Congress on the European arrest warrant. The minister invited MEPs to play an active part in these seminars. During Tuesday's session, MEPs questioned him about the trade in human beings, Europol, the treatment of prisoners in prisons and collaboration between the Council and the EP.
(For further information: the roadmap for Justice and Home Affairs may be consulted on http: //http://www.europa.eu.int/comm/justice_home/index_en.htm Yesterday, we presented the work to be done during this Presidency on justice and home affairs issues: EUROPE of 22 January, p.16 and 17).