EU AGREES ON MUTUAL RECOGNITION OF

UNCLAS SECTION 01 OF 02 BRUSSELS 001929

SIPDIS

DHS FOR IAO, BORDER PATROL
DOJ FOR CRM

E.O. 12958: N/A
TAGS: PREL CASC KCRM EUN USEU BRUSSELS
SUBJECT: EU AGREES ON MUTUAL RECOGNITION OF
CONFISCATION ORDERS

REF: (A) USEU BRUSSELS 1450; (B) USEU BRUSSELS 1338;

(C) USEU BRUSSELS 753 ; (D) USEU BRUSSELS 1911

SUMMARY
--------------


1. EU Ministers for Justice and Home Affairs (JHA)
on April 29-30 agreed on the application of the
principle of mutual recognition to confiscation
orders, a follow-up to the March 26 European Council
Declaration on Combating Terrorism. The Commission
will bring forward by June further proposals for the
exchange of information for law enforcement
purposes, including terrorism and the exchange of
passenger data for border and aviation security.
The Council also requested proposals on the exchange
of information on lost and stolen passports in
keeping with a requirement in the March Council
Declaration on Combating Terrorism. Ministers
failed on a new Director for EUROPOL starting in
June 2004. END SUMMARY.

MUTUAL RECOGNITION OF CONFISCATION ORDERS
--------------


2. The JHA Council meeting in Luxembourg on April
29 reached a "general approach" (subject to
parliamentary scrutiny reservations) to the text of
a Framework Decision on the application of the
principle of mutual recognition to confiscation
orders. Further technical work is required on an
annex to the draft. Under this new piece of
legislation, a Danish initiative, a Member State is
obliged to recognize and execute in its territory
confiscation orders issued by a court competent in
criminal matters of another Member State. The
stated goal, according to EU officials, is "to
ensure that all Member States have effective rules
governing the confiscation of proceeds from crime,
inter alia in relation to the onus of proof
regarding the source of assets held by a person
convicted of an offence related to organized crime."

FOLLOW-UP TO DECLARATION ON COMBATING TERRORISM
-------------- --


3. With CT Coordinator Gijs de Vries in attendance,
the Council briefly noted achievements so far
regarding the targets set by the European Council
Declaration under its March 26 Declaration on
Combating Terrorism, in particular:

--The above agreement on confiscation orders, which
should enable the Council to meet its June 2004
deadline;

--Agreement on the Council Regulation on the
introduction of new functions in the Schengen
Information System and the conclusions on the
location and management of the second generation
SIS (SIS II - ref D);

--Formal adoption of the Victims of Crime Directive
(below) and of the Directive on the obligation of
carriers to communicate passenger data (ref D);

--Progress in implementing instruments such as the
European arrest warrant (currently implemented in
12 Member States) and joint investigation teams.


4. Irish Justice Minister/Council chair Mc Dowell
told a press conference further progress would come
shortly with the publication of a draft Framework
Decision on the retention of communications traffic
data sponsored by Ireland, the UK, France and
Sweden. He described the tabling of the measure
together with Commission proposals for the exchange
of information on terrorist offences as a speedy
response to the new legislative proposals. Mc
Dowell noted that the Commission would also bring
forward by June further proposals for the exchange
of information for law enforcement purposes,
including terrorism and the exchange of information
of passenger data for border and aviation security.
The Council also requested proposals on the exchange
of information on lost and stolen passports in
keeping with the requirement in the European Council
Declaration. The Irish Presidency will set out, in
a new Action Plan, a detailed implementation
strategy in relation to outstanding matters related
to the CT Declaration.

NEW EUROPOL DIRECTOR
--------------


5. Ministers failed to reach the necessary
consensus on who will be the Director of EUROPOL
starting in June. They will have to return to the
issue in June. There are three candidates in the
running: the German incumbent Jurgen Storbeck,
Frenchman Jacques Franquet and Italian Emmanuelle
Marotta.

OTHER ITEMS
--------------


6. Among other issues, the Council also:

--Formally adopted a Directive relating to
compensation to crime victims that sets up a
system of cooperation to facilitate access to
compensation for victims in cross-border
situations. The competent authority of the Member
State where the crime was committed shall pay
compensation. The Directive provides that Member
States will have relevant national provisions in
place by July 1, 2005 to ensure compensation to
victims of violent intentional crime.

--Held a discussion with Michael O'Kennedy,
President of EUROJUST (EU Prosecutors' Office),
based on his agency's annual report for 2003.
There was a 50 percent increase in EUROJUST case
referrals last year. The conclusions task
EUROJUST to examine the scope for further measures
to improve its capacity to contribute to the fight
against terrorism.

FOSTER