EU JHA INFORMAL MINISTERIAL

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SIPDIS

SIPDIS

E.O. 12958: N/A
TAGS: KJUS MOPS PO PREL PTER EUN
SUBJECT: EU JHA INFORMAL MINISTERIAL


1. Summary. EU Justice and Home Affairs ministers met
informally in Lisbon October 1-2. An embassy officer
attended to follow discussion of such topics as the
elimination of land and sea travel barriers in December, the
establishment of a counternarcotics analysis and operations
center, the submission of a package of counterterrorism
proposals by Vice President Frattini in November, the
submission of a package of border control proposals by
Frattini in February, and the establishment of a missing
children alert system based on the U.S. Amber Alert. End
summary.

Justice and Home Affairs Informal Ministerial
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2. European Union Justice and Home Affairs (JHA) Ministers
held an informal ministerial in Lisbon October 1-2, chaired
by Portuguese Minister of Internal Administration Rui Pereira
and Minister for Justice Alberto Costa. Representatives from
relevant EU institutions, Vice President of the European
Commission Franco Frattini, and the Turkish Minister for
Justice Mehmet Ali Sahin also participated. An embassy
officer attended the proceedings to hear public statements
first-hand and to engage attendees on the margins.


3. As a lead-in to the meetings, on September 30
participating member states formally signed the protocol to
establish the Maritime Analysis and Operations Center -
Narcotics (MAOC-N). Portugal, Spain, France, Italy, Ireland,
Netherlands, and the United Kingdom founded the center to
share intelligence and coordinate counternarcotics efforts.
The U.S., though not formally a member, has liaison officers
assigned to the MAOC.


4. Also on the agenda but in advance of the informal
ministerial meetings, the Spanish and Portuguese Interior
Ministers held a bilateral meeting in which they established
a task force to coordinate counterterrorism investigations
and prosecutions. Pereira noted that although bilateral
cooperation had long existed, the task force was established
to be more proactive in regard to investigations and
cooperation. During the proceedings, Portugal also signed a
bilateral agreement with Malta to resettle refugees in
Portugal that are currently resident in Malta.

Home Affairs - Prevention of Terrorism and Border Management
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5. SIS/VIS: Frattini and Pereira both noted that by
Christmas, all land and sea barriers in the Schengen area
will be removed for nine participating Schengen states,
Cyprus having requested an extension. Air travel barriers,
he said, would be removed in March. Noting that the Schengen
Information System (SIS) has succeeded in its testing phase,
Frattini suggested that the formal decision to implement the
new rules will be taken in November. Frattini also suggested
that the EU must have an entry-exit register complete with
biometric identifiers. This would, he opined, help manage
overstays as well as be a useful data source for security
services. Additionally, he noted that various databases and
security systems need to be integrated and expanded to
include travelers without visas. Moreover, such a European
surveillance system must be accessible to local law
enforcement. An aide to Frattini said that this package of
proposals would be submitted to the college of Commissioners
in February.


6. PNR/ETA: Frattini said he would submit a terrorism
package to the Commissioners November 6 that includes a
proposal to establish formally an EU-wide Passenger Name
Recognition (PNR) system. He noted that the requirements
demanded by U.S. negotiators convinced him that the European
security services should have access to the same kind of
information. Pereira and German Minister Schauble suggested
that, in addition to the intelligence value, a PNR system
would allow the EU to negotiate with the U.S. on an equal
footing and would allow for balanced cooperation. Pereira
said he would also support a PNR for intra-European flights.
Schauble said further discussion on that point would be
needed. Frattini and Schauble both noted that electronic
travel authorizations (ETA) are useful not just for improving
security, but also improving the customer service at
airports. With ever increasing crowds at airports, Schauble
noted that it is in a traveler's interest to participate in a
voluntary ETA program.


7. Internet: Frattini will also submit a proposal to punish
misuse of the internet. This will not, he stressed, be a
limit on the freedom of expression. Pereira noted that the
proposal would be limited to taking down sites that
specifically incite terrorism or provide instruction in how

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to commit terrorist acts. Indeed, added Frattini, the EU
already has a regulation that prohibits transfer of illegal
data on the internet, without causing concerns of limitation
of freedom of speech. This proposal, he continued, would
only add the specific mention of terrorism. Such an update,
he opined, is a good example of why the EU needs regularly to
review and update its bodies of law.


8. Conspiracy: Pereira noted that Italian Minister Amato
suggested that the ministers consider developing an EU
agreement to incorporate conspiracy statutes into existing
law. Current legislation is directed towards formal
terrorist organizations, which does not adequately address
current realities. Italy, and a few other states, punish
conspiracy without being part of a formal organization;
Pereira and Frattini each enthusiastically supported the idea
that the EU consider the question.


9. Pruhm Treaty: Slovenian Interior Minister Dragutin Mate
suggested that, agreement being reached, it was incumbent on
Slovenia to develop the technical handbooks for
implementation.

Justice
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10. e-Justice Portal: Costa issued a statement that
ministers agreed that the EU should have an information
technology system to facilitate access to member states'
judicial systems and registry systems. Member states will
compile best practices on IT and regularly review
performance.


11. Missing Children Alert: Frattini used the well-known
case of Madeleine McCann, a missing British girl, to lay out
his intention to develop an EU wide alert system for missing
children. Frattini specifically and repeatedly mentioned the
Amber Alert system in the U.S. as the model that the EU
needed to copy. In addition, the e-Justice Portal, according
to Costa, will include a list of missing children and direct
users to appropriate Hague Convention resources.


12. Child Protection: Costa also noted that the ministers
agreed to expand the role of the European Mediator for
international child abductions and to support the
strengthening and implementation of laws related to child
protection.
Hoffman