Rome, 15/09/2003 (Agence Europe) - Discussions on the proposed framework decision on the fight against racism and xenophobia, which were suspended in April, have been started up again formally between the Member States. French Justice Minister, Dominique Perben, "thinks that we should be able to reach agreement at one of the next two Councils", he told the informal meeting of Justice Ministers in Rome on Saturday. A European source said that others were considerably less optimistic, as they felt that the divisions on the definition of and penalties for these actions could well be too deep-seated to overcome. Member States are divided on the issue of whether racist or revisionist (Holocaust denial) actions should be sanctioned as such, or only if they were expressed with the intention of insulting or threatening someone. The United Kingdom and Nordic countries felt that it would be contrary to freedom of expression to punish all cases. The other camp, led by France and Belgium, rejected this point of view. France, "whose legislation is stricter", could not accept "lesser legislation", especially on penalising Holocaust denial, explained the French Minister.
Discussions were suspended due to these divisions on principle, but also because of Italy's position (EUROPE of 1 May 2003). At February's JHA Council, Italian Justice Minister Roberto Castelli rejected this proposed framework decision, stating that the text as it had been proposed could be used by his adversaries as a political weapon (EUROPE of 1 March 2003). Italy then withdrew its general reservation by presenting an amended version of the text, but which greatly reduced the scope. When asked about this in Rome on Saturday, Roberto Castelli once again described himself as a victim. "If anybody has been the victim of racism or xenophobia round here, then it's yours truly" and his party, Lega Nord, he said.
Harmonisation of penalties for drugs trafficking: During Saturday's press conference, Commissioner Vitorino called upon Member States to reach agreement "as quickly as possible" on standardising penalties for drugs trafficking. The proposed framework decisions for the harmonisation of definition of and penalties for drugs trafficking has run up against the Dutch exemption for soft drugs, to which France and Sweden are firmly opposed. "We need to re-launch" this dossier "which has got stuck at political level", said the Commissioner. He said that he was "extremely pleased with the Italian Presidency's capabilities" in working on this dossier. Mr Castelli said that he had launched bilaterals, but there subsist "not inconsiderable difficulties".