U.S.-EU JHA Ministerial Meeting Holds Productive Sessions

UNCLAS SECTION 01 OF 06 LJUBLJANA 000144

SIPDIS

SIPDIS
SENSITIVE

STATE FOR EUR/ERA, EUR/NCE, EUR/PGI, L/LEI, S/CT, INL/PC, CA
USDOJ FOR OIA, DHS FOR OIA, NSC FOR LCATIPON AND EFARR

E.O. 12958: N/A
TAGS: PTER CVIS SMIG SNAR PREL KCRM KFRD EUN SI
SUBJECT: U.S.-EU JHA Ministerial Meeting Holds Productive Sessions
on Law Enforcement, Counterterrorism Issues, and Visa Waiver
Program

REF: A. USEU Brussels 00447


Summary
--------------

1. (U) Slovenian Interior Minister Dragutin Mate and Justice
Minister Lovro Sturm hosted Attorney General Michael Mukasey,
Homeland Security Secretary Michael Chertoff, and European
Commission Vice-President and Commissioner for Justice, Freedom and
Security Franco Frattini on March 12-13 for the U.S.-EU Justice and
Home Affairs (JHA) Ministerial Troika. The Troika made progress on
law enforcement, border security, and counterterrorism issues,
including the U.S. Visa Waiver Program (VWP),border and document
security, radicalization and terrorist recruitment, and protection
of privacy. Secretary Chertoff and the Attorney General also gave
presentations on border security to EU Interior Ministers attending
a Conference on External Border Management.


2. (U) Despite concerns the VWP would dominate the Troika after it
had become headline news across Europe, VWP discussions were open
and positive and did not inhibit progress in other areas. The U.S.
and EU issued a joint statement and agreed to hold "twin track"
discussions by pursuing with Member States those issues within
national authority, and with European Union institutions the areas
of community competence. On lost and stolen passports, the United
States and EU agreed on the importance of benchmarks for timely
reporting as well as the need to take account of how to improve
response time for dealing with hits.


3. (U) Troika participants, who also included EU Counterterrorism
Coordinator Gilles de Kerchove, Europol Director Max-Peter Ratzel,
Eurojust President of the College Jose Luis Lopes da Mota, Frontex
Director Ilkka Laitinen, French Immigration Minister Brice Hortefeux
representing the incoming EU Presidency, and Embassy Ljubljana
Charge' d'Affaires Maryruth Coleman, identified several specific
items for future cooperation. Both sides committed to work towards
completion of common data privacy principles before the U.S.-EU
Summit in June. Participants agreed to encourage use of biometric
travel documents in third countries, exchange biopreparedness plans,
and to continue to press for ratification of the U.S.-EU Mutual
Legal Assistance and Extradition treaties (MLATs). The U.S. side
agreed to look into improving sharing information with Europol, and
will review legislative options for enhancing international
cooperation on pathogen research.


4. (U) Looking ahead to the Summit, the Slovenian EU Presidency is
eagerly anticipating a successful U.S.-EU Summit this June.
Officials are focused on getting concrete deliverables to shine a
positive light upon our relationship with Slovenia and the EU in
what will be the President's last Summit with the EU. We expect
that in the JHA area, Slovenia will continue to press forward to
achieve completion of the common data privacy principles exercise
and to manage the VWP issue fairly. Unfortunately, given domestic
situations in some Member States, it appears unlikely that the MLAT
ratifications will be complete in time for the Summit. End
Summary.

Visa Waiver Program (VWP)
--------------

5. (U) Secretary Chertoff said the U.S. continues to make
significant progress in implementing the expansion of the VWP, the
most promising effort in many years and the first since 9/11.
President Bush had announced the initiative in Estonia in 2006 and
remained personally committed to it, Secretary Chertoff said. He
added that the VWP remains politically sensitive with the U.S.
Congress; however, with members of both parties expressing
reservations about expanding visa free travel privileges due to
concerns about illegal immigration as well as security, the need
arose to expand the VWP in tandem with greater security cooperation.



6. (U) Secretary Chertoff highlighted the Memoranda of
Understanding (MOUs) the United States had signed with EU Member
States and cited the continuing need for bilateral talks on
implementation issues. To cite one example, Secretary Chertoff
mentioned Lost and Stolen Passport (LASP) reporting. While in the
VWP context the United States, like the EU, sees Interpol as the
first source of information about EU LASP, EU Member States (MS)
need to stand behind the data originating there for hit resolution,
said Secretary Chertoff.


7. (U) Frattini said the overall position of the EU remained that
the United States should allow all the MS into VWP as soon as

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possible, citizens of all EU Member States must be treated the same,
and the MOU process needed to respect existing EU legislation where
applicable. He said there had been misunderstandings about the VWP
expansion process but they had "not been intentional," and informal
U.S.-EU discussions on the eve of the meetings had brought greater
understanding of the U.S. position. He relayed that the March 11
COREPER meeting in Brussels had concluded that the bilateral VWP
MOUs are political rather than legally binding documents, and so are
within the competence of MS to sign; but that the EU would continue
to study the MOUs and eventual implementing agreements for areas of
EU competency. Frattini warned that Member States could not make
any commitments in areas under Community competency, including
anything provided for in the U.S.-EU PNR agreement or access to EU
databases. Frattini noted his recent appearance before the European
Parliament where the Commission came under heavy fire; Parliament
insisted the Commission and Council monitor the VWP process closely.



8. (U) U.S. and EU Delegates held formal and informal discussions
throughout the two day meeting concerning the VWP, meetings that
resulted in a joint press statement released at the end of the
meeting. The statement sets forth a common goal - "to achieve
secure visa-free travel, in full compliance with the applicable
laws, between the Member States of the EU and the USA as soon as
possible" - and a twin track approach whereby the United States will
continue bilateral discussions with EU Member States on VWP MOUs and
on implementing arrangements on those matters that fall within
national responsibilities, while holding discussions with EU
institutions on matters within EU responsibility. Senior U.S. and
EU officials agreed to meet in Brussels March 14 to begin those
talks (see reftel).

Electronic System for
Travel Authorization (ESTA)
NOTE: formerly known as
Electronic Travel Authorization or ETA)
--------------

9. (U) Frattini again emphasized there was considerable need to
clarify misunderstandings. The EU sought transparent consultations
on ESTA leading to an EU decision on its "satisfaction" with ESTA,
which would lead to a "political endorsement" at the June U.S.-EU
Summit. Secretary Chertoff explained that ESTA is mandated by the
9/11 Implementing Act signed into law by President Bush in August
2007 and so is not a subject for U.S.-EU negotiation. Nevertheless,
U.S. officials would be happy to dispel confusion and explain ESTA
to EU officials. The ESTA would be operational this summer,
Secretary Chertoff went on, although roll out would occur in stages,

SIPDIS
so that all VWP countries would participate in ESTA no later than
June 2009.


10. (U) Secretary Chertoff explained that DHS will implement ESTA
consistently to all VWP countries, including both current and
aspirant VWP countries that are EU Member States. Frattini and
Secretary Chertoff agreed on the merits of coordination as both the

SIPDIS
United States and the EU develop ESTA systems and as the EU develops
a biometric entry system (i.e., akin to US-VISIT).


11. (U) Frattini stated at the Troika meeting and the press
conference afterwards that the United States would engage in a
dialogue, not formal negotiation, with the EU about the ESTA.

Other Visa Policy Issues
--------------

12. (U) Secretary Chertoff briefly raised three areas for further
discussion with the EU:

A) Exchange of information on asylum seekers to stop asylum shopping
or attempts to conceal the applicant's identity or known criminal or
security risks. Frattini noted the first results of the EU's asylum
database Eurodac are highly promising; use of biometric data had
discouraged multiple applications in different MS without decreasing
the ability to recognize true refugees. Frattini, Minister
Hortefeux, and Minister Mate noted concern about illegal immigration
into the EU. As a result, some EU MS are looking into requiring
transit visas. Both sides agreed this is a problem; EU officials
noted increases in illegal immigration by Ukrainians and Chechens.


B) Repatriation. Secretary Chertoff commented that while
cooperation with Europe is good, other countries such as China and
India are reluctant to take their citizens back. Frattini said
these countries are also a problem for the EU. The EU concluded an
arrangement with Pakistan, he said, but in general third countries

LJUBLJANA 00000144 003 OF 006


want to discuss returns in the context of a political package
covering legal migration opportunities too. He cited Morocco, with
which the EU is currently negotiating.

C) The Western Balkan region. Secretary Chertoff expressed concern
about the EU's Visa Facilitation arrangements with the Western
Balkans given the amount of crime, smuggling, and trafficking there.
Mate commented that the Balkans were a "grey zone inside the EU"
but that they all should look towards EU membership. He noted that
the Presidency and Commission had together introduced visa
liberalization negotiations with the Balkans that included some
preconditions such as passports with biometric data. All Western
Balkan countries had readmission agreements with the EU, he said.

Radicalization and Terrorist Recruitment
--------------

13. (U) AG Mukasey said the United States and the EU must improve
our understanding both of the motives of those who become
radicalized as well as the process behind it. He welcomed a
successful initiative in Iraq led by moderate imams, where
"irreconcilable" radicals are separated according to the extent to
which the roots of violence have penetrated, allowing for a more
targeted approach. Secretary Chertoff urged continued focus on
prison populations. EU CT Coordinator De Kerchove said there
remains a problem of will and acknowledged the EU does more on
repression than prevention. Non-violent Salafism is pushing Muslim
populations outside the mainstream of European society, he said. EU
is looking at several areas, including criminalizing incitement to
violence on the internet and improving the exchange of information
on returning jihadists with Europol and Eurojust. Turning to
prevention, De Kerchove said the problem is much harder because part
of the policies belong to the EU Member States. He suggested the EU
could collect best practices. The proper approach should be one
that does not stress the counterterrorism dimension, but focuses on
diversity, integration, alliance of civilizations, and intercultural
dialogue (Note: 2008 is the European year of intercultural dialogue.
End Note.) Our societies must remain faithful to our core values
and human rights, he continued. De Kerchove asked the group to
consider how to engage with Islamist parties, especially in
autocratic countries where they are often the main opposition
parties.


14. (U) Frattini, highlighting a disturbing but growing trend of
forced marriages, domestic violence, and polygamy in Europe, said
there was a critical role for education with respect to the role of
women in our societies, and MS should stand against the subjugation
of any of its citizens. Regarding a soon-to-be-released film by
Dutch Freedom Party leader Geert Wilders reported to be critical of
the Koran, Frattini said the EU must be prepared to react strongly
if there were a violent response. The EU stood firmly behind
freedom of expression and would not tolerate violence against EU
Member States' embassies. Reactions in the Muslim world could test
EU solidarity but the EU must maintain a united political front.
Frattini also called for improved methods of tracking financing and
donations coming into the EU from unknown sources, allegedly to
build new mosques but being channeled to establish radical cells.
Minister Mate echoed his call for documentation and greater
financial disclosures from the mosques. Frattini noted that the EU
is engaged in visa liberalization talks with all Western Balkan
countries except for Bosnia-Herzegovina, because the "authorities
there tolerate returning radicals who participated in jihads." He
added that the EU is concerned about growing Islamist cells in the
region.


15. (U) Europol Director Ratzel called for improved cooperation
with the U.S. He expressed concern that law enforcement efforts are
handicapped because the U.S. currently cannot share with Europol
information classified above law enforcement sensitive. Ratzel
hopes the U.S. can resolve this situation, either by declassifying
information or updating the U.S.-Europol agreement, for example. He
noted that with the assistance of Deputy Assistant Attorney General
Bruce Swartz, Europol and the U.S. have also launched a project on
returning terrorist fighters from Iraq. Ratzel also suggested that
Europol could contribute by focusing on financing of terrorism to
determine the networks. Mate summed up by saying there should be
more cooperation in this area of radicalization and terrorist
recruitment.

Reducing risks from chemical, biological,
radiological and nuclear (CBRN) attacks
--------------

16. (U) Frattini called for greater cooperation with the U.S. on
safety measures, rapid reaction, and development of Early Warning

LJUBLJANA 00000144 004 OF 006


Systems for CBRN attacks. He highlighted the European Centre for
Disease Prevention and Control (ECDC),an EU agency based in
Stockholm, Sweden, which held an exercise in 2007, and suggested
that the U.S. and EU organize a joint exercise on biopreparedness,
possibly to be coordinated by ECDC. AG Mukasey explained that the
FBI would coordinate any U.S. response to CBRN attacks and undertook
to review the idea. Frattini thanked the U.S. for the very valuable
comments provided on the Commission's Green Paper on Biopreparedness
in 2007. He said the Commission intends to prepare an action plan
by spring 2009 covering security of biological substances and
training personnel; education and awareness of staff about existing
legislation; establishing a network of reference laboratories that
could exchange information; monitoring of biological incidents; and
medical countermeasures needed for a rapid reaction. Frattini
stressed that work with the United States in these areas is key, but
post 9/11 legislation imposed restrictions on international
cooperation on pathogens research, and he asked if the United States
could review this legislation in order to identify ways to improve
cooperation. AG Mukasey said the U.S. could explore legislative
options. De Kerchove called for better understanding of threats,
impacts, and use of intelligence capabilities; he said EU did not
have complete knowledge of EU vaccine stockpiles because Member
States were not always willing to divulge this information, but
following passage of the Lisbon Treaty access to this information
should be facilitated under the solidarity clause. Secretary
Chertoff said a biological attack might be more likely, due to the
relatively greater difficulty terrorists may have in attempting to
access chemical, nuclear, or radiological weapon components. He
underscored the complexity of distributing vaccines to a large
number of people quickly. Detection capabilities are improving but
the problem of distribution systems remains. Joint planning and
training is critical, he concluded.

Document Security, Biometrics
--------------

17. (U) In the area of lost and stolen passports, Mate said the EU
is working with Interpol to improve data entry and hit resolution.
The Commission is preparing a report to improve functioning of the
Interpol database during the Slovenian Presidency. He reported that
two-thirds of all the data in the Interpol database, and fifty
percent of all the searches, originate from the EU. Frattini agreed
with the U.S. suggestion to establish benchmarks for timely
reporting, but suggested that instead of pursuing uncoordinated
initiatives with Member States, the U.S. and EU should undertake a
joint initiative to improve Interpol database functioning and follow
up on hits. Chertoff called attention to the problem of lengthy
response time on hits, which forces travelers to wait at the port of
entry while hits are resolved. AG Mukasey said that the Department
of Justice, where the U.S. National Central Bureau for Interpol is
located, remains committed to improving this cooperation and would
consult with DHS about Frattini's suggestion.


18. (U) Mate thanked the AG and Secretary for their participation
in the EU Ministerial Conference on External Borders Management that
took place March 11-12 and for providing greater clarity on U.S.
efforts to strengthen its border. Frattini said the EU's vision of
cooperation in this field is expanding, and there is unanimous MS
agreement in enhancing border management systems. The goal is to
harness technological, human resources, and international
cooperation and to develop international standards and
interoperability. The EU will implement these initiatives over the
next four to five years, Frattini said.


19. (U) Frattini suggested the United States and EU work together
to promote use of biometric documents through complementary efforts
and "twinning projects" in areas of interest, including the
Mediterranean, Caucasus, Middle East, and the Balkans. Secretary
Chertoff agreed and Minister Mate approved his suggestion to
establish an expert level group to explore the idea.

Data Protection and Information Exchange:
High Level Contact Group (HLCG)
--------------

20. (U) Mate expressed satisfaction with the amount of work the
HLCG completed so far, with only a few minor items remaining. He
explained he presented the HLCG exercise to EU ministers at the
February 28 JHA Council; he regretted that the United States and EU
were not able to agree on a joint statement, but there had not been
sufficient time. The HLCG is still an "informal" discussion, as
there is no condition for formal talks (i.e. no official mandate),
he said. Mate committed to push forward and complete work during
the Slovenian Presidency with a deadline of the June JHA Council.
AG Mukasey and Secretary Chertoff also offered support for

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completion of the exercise and urged that experts and senior level
HLCG be directed to complete work in time for the June U.S.-EU
Summit. They also advocated strongly that we explore how to turn
the principles into some kind of result that would allow each
other's privacy systems to be recognized as adequate.

EU-US Mutual Legal Assistance
and Extradition Agreements
--------------

21. (U) Justice Minister Sturm provided an update on the status of
Member State ratifications of the agreements. Conclusion of the
national processes for ratification of these instruments is a high
priority for the Slovenian Presidency. Slovenia urged MS to
accelerate ratification at the January informal meeting of EU
Justice Ministers, and Commissioner Frattini sent letters to all
Member States urging prompt ratifications. Sturm said the EU
expects all ratifications to be completed by the end of 2008. AG
Mukasey announced the U.S. Senate Foreign Relations Committee would
hold a hearing in May on the full package of U.S.-EU agreements and
bilateral protocols. At the close of the discussion, the Slovenians
took on the responsibility, working with the U.S., to prepare a
training conference/seminar for representative EU and U.S.
prosecutors on the new investigative cooperation provided for in the
agreements.

Western Balkans
--------------

22. (U) Minister Mate reviewed progress on law enforcement
cooperation in the Western Balkans, including the Southeast Europe
Cooperation Initiative (SECI) Center, and the draft Southeast
European Law Enforcement Center (SELEC) Convention. Regarding the
South East Europe Organized Crime Threat Assessment (SEE OCTA),he
said following political agreement of all Western Balkan ministers
last October, focus has turned to practical implementation of SEE
OCTA, which is now an EU project. He noted training would start in
April with the help of Europol, Slovenian experts, and SECI Center.
Following that training, the countries will start preparing the
threat assessments, which will form the basis of future assistance.



23. (U) Frattini said the EU is a major donor in the Western
Balkans. The Commission is working closely with the U.S. Mission to
the EU to better understand U.S. efforts and to promote cooperation.
AG Mukasey stated that the U.S. supports efforts in the Balkans
through Department of State-financed programs as well as through law
enforcement agencies and prosecutors working in the field. On the
SECI Center and U.S. concerns over unnecessary data protection
requirements, Frattini said the proper approach should consist of
two levels, two systems. Coordination with Europol would require a
more ambitious standard. Europol Director Ratzel supported this
strategy. The AG noted that the U.S. recognizes the differences in
the ability of EU and non-EU states to comply with the strict data
protection regime, and staunchly urged flexibility. AG Mukasey
suggested enlisting cooperation without imposing requirements that
would block cooperation. Frattini repeatedly concurred with the
AG's comments regarding a flexible approach. The two sides agreed
this could help deal with organized crime throughout the region to
foster security and stability.

Priorities for the French EU Presidency
--------------

24. (U) Minister Hortefeux said France's JHA priorities for its
upcoming Presidency included an EU-wide pact on migration to address
widely disparate immigration and asylum rules among MS. He also
said France would focus on trafficking in persons, Frontex, illegal
immigration, completing initiatives begun by the Slovenes, and
reinforcing the operational role of Eurojust, in particular
cooperation with third countries, especially the United States. On
Frontex, he noted it should have a dual mission, covering land and
sea. He said France looks forward to hosting the next U.S.-EU
Informal JHA Senior Level meeting in July in Paris and to
participating in the next JHA Ministerial Troika in December 2008 in
Washington.

Comment
--------------

25. (SBU) In the weeks leading up to the Ministerial, the VWP had
eclipsed all other issues as the United States held bilateral
discussions with several EU member states and signed MOUs with the
Czech Republic on February 27 and with Estonia and Latvia on March

12. Extensive press reporting across Europe attempted to portray
the U.S. actions in negative terms as seeking to "divide" Europe.
The Ministerial meeting succeeded in countering these fears.

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Despite the previous concerns EU rancor over VWP would completely
dominate the Troika, talks were frank, honest and cooperative, and
the delegates were able to defuse the charged atmosphere and cover
significant ground.


26. (SBU) Concerning the HLCG, Minister Mate admitted it is a
victim of the VWP issue and said he was frustrated at the inability
to reach agreement on a Ministerial joint statement. Nonetheless,
the discussion on this issue was positive, and all sides agreed the
HLCG presented a significant deliverable for the June Summit and
that best efforts should be made to reach that goal; although
Frattini, in his final day in office at the Commission, sounded less
enthusiastic than Mate. Slovenian Presidency plans to present the
final product at the JHA Council June 5-6.


27. (SBU) Throughout the meeting the Government of Slovenia (GOS)
kept the tone calm and the agenda moving forward. Representatives
of both USDOJ and DHS commented to Embassy officers that GOS
logistical support of this high-level event was flawless, which we
regard as a good sign as we and the GOS prepare for the U.S.-EU
Summit in June.


28. (U) DOJ and DHS have cleared this cable.
COLEMAN