APRIL 28 U.S.-EU JUSTICE AND HOME AFFAIRS

C O N F I D E N T I A L USEU BRUSSELS 000681


NOFORN

STATE FOR EUR, INL, INL/PC, INL/AAE, EUR/ERA, L/LEI;
JUSTICE FOR OFFICE OF ATTORNEY GENERAL, CRIMINAL DIVISION,
OFFICE OF INTERNATIONAL AFFAIRS;
HOMELAND SECURITY FOR DEPUTY SECRETARY, OFFICES OF POLICY
AND INTERNATIONAL AFFAIRS

E.O. 12958: DECL: 02/13/2019
TAGS: PREL KCRM PTER EUM
SUBJECT: APRIL 28 U.S.-EU JUSTICE AND HOME AFFAIRS
MINISTERIAL MEETING IN PRAGUE

Classified By: COUNSELOR FOR INTERNATIONAL NARCOTICS AND
LAW ENFORCEMENT JAMES MCANULTY FOR REASONS IN 1.4 B AND D

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


1. (C) U.S. and European Union (EU) Cabinet Ministers engaged
in a wide-ranging discussion of counter-terrorism, law
enforcement, and border security issues at the April 28
U.S.-EU Justice and Home Affairs (JHA) Ministerial Troika
meeting in Prague. The EU side welcomed the Attorney
General's declarations on Guantanamo detainees, including
announcement that the U.S. would accept some detainees
currently at Guantanamo. The major issue of disagreement
involved the role of redress in data privacy issues, with the
EU insisting on a change to the U.S. Privacy Act as a
"precondition" for obtaining a mandate to negotiate a binding
international agreement on data privacy. END SUMMARY.

--------------
PARTICIPANTS
--------------


2. (U) U.S. Attorney General (AG) Eric H. Holder and U.S.
Deputy Secretary of Homeland Security Jane Holl Lute chaired
the U.S. Delegation, which included Department of State (DOS)
Assistant Secretary for European Affairs (EUR) and Special
Envoy for Guantanamo Detainees Daniel Fried, Deputy Assistant
Attorney General Bruce Swartz of the Department of Justice
(DOJ),Chief of Staff and Counselor to the AG Kevin A.
Ohlson, Department of Homeland Security (DHS) Deputy
Assistant Secretary for International Affairs Mark Koumans,
Embassy Prague Charge Mary Thompson-Jones, Counselor to the
AG Dorothy A. Jeffress, Special Counsel to the AG Matthew G.
Olsen, Senior Justice Counselor for the EU and International
Criminal Law Mary Lee Warren of the U.S. Mission to the EU
(USEU),USEU Counselor for International Narcotics and Law
Enforcement Affairs (INL) James McAnulty, USEU DHS Attache
Jackie Bednarz, National Security Council (NSC) Director for
Counter-Terrorism Elizabeth Farr, and DOS Attorney-Advisor
Steve Pomper.

3.(U) Minister of Interior Ivan Langer and Minister of
Justice Jiri Pospisil of the Czech Republic, on behalf of the
EU Council Presidency, and EU Vice President (VP) and
Commissioner for Justice, Freedom, and Security (JLS) Jacques
Barrot led the EU Delegation, which included Minister of
Justice Beatrice Ask of Sweden, Minister for Asylum and
Migration Tobias Billstrom of Sweden, Deputy Minister of
Justice Tomas Bocek of the Czech Republic, European
Commission JLS Director General Jonathan Faull, Council
Secretariat Justice and Home Affairs (JHA) Director General
Ivan Bijak, EU Counter-Terrorism Coordinator Gilles de
Kerchove of the Council Secretariat, Commission Officer
Laurent Muschel, European Police Office (EUROPOL) Director
Robert Wainwright, EU External Border Management Agency
(FRONTEX) Director Ilkka Laitinen, JHA Counselor Hans Nilsson
of the Swedish Permanent Representation (PermRep),Swedish
Ministry of Justice EU Affairs Director Tora Wigstrand,
European Judicial Coordination Unit (EUROJUST) Representative
Malci Gabrijelcic, Commission Special Advisor Luigi Soreca,
Council Secretariat JHA Administrator Wouter van de Rijt, and
Commission Transatlantic Relations Officer Heike Busse.

--------------
TRANSATLANTIC RELATIONS
--------------


4. (C) Czech Interior Minister Langer welcomed the U.S.
Delegation, noting the critical importance of deepening
transatlantic cooperation on terrorism and law enforcement.
He listed visa reciprocity, use of new technology, countering
terrorism, and sharing information as key challenges.
Commission VP Barrot welcomed the opportunity to establish a
"new dimension" in transatlantic relations. He said the
transatlantic partnership should be built on new foundations
and called for a political dialogue on operational
cooperation to be followed by a formal agreement on a
transatlantic partnership. AG Holder committed the U.S.
Government to following the rule of law and listening to
allies and partners, even and especially when differences
arise. He called for concrete proposals, responses, and
results. As for the transatlantic dialogue agreement, he
asked that the EU provide a draft text for the U.S. to study.
He could support a declaration or statement of objectives in
the future, but he directed U.S. law enforcement and justice
personnel to work now on finding means of expanding and
deepening the transatlantic relationship. The new
administration continued to study its priorities, but he
viewed terrorism, transnational crime, cyber-crime, and
protection of children as important challenges or objectives
for both sides. Minister Langer anticipated that the U.S.
and EU would soon issue a joint declaration or memorandum on
Guantanamo detainees. He praised the work of both
governments in discussing data privacy principles that could
form the basis of a binding agreement, as early as during the
upcoming Swedish Presidency (which runs from July 1 to
December 31 this year). (COMMENT: While EU officials
showcased this initiative before the Ministerial as important
to them, participants addressed this issue in a cursory way,
given the AG's mention of the new administration's ongoing
review of priorities. Notably, the sides reached no
understanding on preparing such an agreement. END COMMENT.)


-------------- --------------
MUTUAL LEGAL ASSISTANCE AND EXTRADITION AGREEMENTS
-------------- --------------


5. (C) Justice Minister Pospisil noted that the Czech
Presidency has pushed forcefully for ratification of the
U.S.-EU Mutual Legal Assistance (MLA) and Extradition
Agreements. Italy had concluded its national ratification
procedures earlier this year, while Belgium and Greece had
yet to finish their procedures. Regarding Belgium, both
houses of the Parliament were considering these agreements
with approval projected for June or July. Regarding Greece,
authorities there had submitted the agreements to their
Parliament, but they refused to provide an estimated date for
approval. VP Barrot predicted that Belgium would give its
approval soon, and he said he would continue to press Greece.
EUROJUST Representative Gabrijelcic reviewed preparations
for implementation of these important agreements, as a
follow-up to the successful seminar that EUROJUST, the
Commission, and DOJ had sponsored for practitioners last
November at the Hague. Participants in a March 6 digital
video conference (DVC) established an implementation Working
Group to work on next steps. The Working Group scheduled to
meet again in May, will prepare standard models for setting
up Joint Investigative Teams (JITs),which will play
important roles under the MLA. Describing EUROJUST as the
primary EU contact point for MLA implementation, Barrot
pressed the AG to appoint a full-time liaison to EUROJUST.
AG Holder designated USEU Senior Justice Counselor as his
personal representative to EUROJUST. He stressed the
importance of ratifying both the MLA and Extradition
agreements soon, lamenting that an EU Member State had
recently released a long-sought U.S. fugitive, because the
current extradition agreement available for that country,
dating from 1902, did not contemplate child molestation among
its listed offenses. Langer agreed on the necessity to
ratify these agreements soon, acknowledging that he had seen
many criminal cases affected by delay in ratification.

--------------
GUANTANAMO
--------------


6. (C/NF) AG Holder expressed appreciation for EU work
towards achieving a supportive environment for accepting
detainees at Guantanamo and for sharing information among
Member States. He reiterated the Administration's commitment
to close the Guantanamo facility in one year. He declared
that, while the U.S. largely created the problem, the
solution must involve efforts and sacrifices of all friends
and allies. The administration had created three separate
Task Forces working on related issues -- (1) individual case
reviews of the detainees at Guantanamo, (2) reviews of the
laws and policies that underlay the Guantanamo detentions and
interrogations, and (3) review of the U.S. military's manual
on permissible interrogation procedures. He pledged to
release as much information as possible on detainees,
including their past conduct and reasons for their detention.
He urged more Member States to step forward to accept
detainees.


7. (C/NF) The AG declared that the U.S. Government would not
ask allies and partners to undertake any actions that the
U.S. was not ready itself to undertake. Accordingly, he
remarked, the U.S. will take into its borders "some number"
of detainees currently held at Guantanamo. MOI Langer
welcomed this information, noting that some EU colleagues had
stated repeatedly that they would be willing to accept
detainees, if the U.S. also agreed to do so. Barrot
observed that this information would facilitate EU
decision-making and build a climate of confidence. He
pledged to convince as many Member States as possible to
accept detainees. (COMMENT: EU colleagues appreciated the
AG's remarks on Guantanamo, which clearly represented the
high point of the Ministerial meeting's discussions. END
COMMENT.)

8 (C) Langer expressed appreciation for answers that the U.S.
Government had provided to questions that he and his
colleagues had posed during their March visit to Washington.
Under the envisioned "coordinated approach," the EU would
facilitate and provide a supportive context for individual
Member States to decide whether to accept detainees.
Information sharing would be key to the process, and an
experts group has worked on an information-sharing
arrangement, under which every country would have access to
the same types of information. VP Barrot reiterated
appreciation for the U.S. responses, noting that such action
had allowed the EU to start its internal process. He
inquired about the status of U.S. reviews. .


9. (C/NF) Holder introduced Special Assistant Olsen, whom he
had appointed to oversee the three U.S. inter-agency Task
Forces reviewing the files of some 240 detainees currently
held at Guantanamo. Olsen disclosed that the Task Forces
gave priority to reviewing the files of detainees whom U.S.
courts have ordered to be released as well as to those who
could not return safely to their home countries. The first
category involved 20 individuals, including 17 Chinese
Uighurs Recalling the previous day's productive meeting with
EU officials, he noted that the U.S. had approved two for
transfer and planned to approve additional transfers the
following week. As he had mentioned in his status report to
the President the previous Friday, such decisions would occur
on a "rolling basis."

--------------
RADICALIZATION AND RECRUITMENT
--------------


10. (C) Langer identified efforts against radicalization and
recruitment as among his country's top national security
priorities. Noting that the U.S. and EU had different legal
systems but the same objectives, he inquired about U.S.
legislation and techniques, including legal limitations. The
EU planned to sponsor a seminar on Internet abuse by
extremists and terrorists May 12 in Brussels. AG Holder
agreed on the priority, urging even closer transatlantic
cooperation. He confirmed that officials from the DOJ
Counter-Terrorism Section would participate. While
governments have traditionally focused on radicalization and
recruitment in prisons, houses of worship, and schools, he
suggested greater focus on self-radicalization. He expressed
support for EU efforts, including the EU's simultaneous
attention to and protection of civil liberties. According to
police and intelligence reports, the radicalization
phenomenon included European citizens traveling to battle
zones and returning with the intent to engage in terrorist
acts. Nations must work together to disrupt such activities.
DHS Deputy Secretary Lute added that her Department's
efforts included a wide range of initiatives in cooperation
with DOJ, DOS, non-governmental organizations, and advocacy
groups. She emphasized the need to move beyond talking to
concrete actions. She pledged DHS participation in the May
12 conference and committed to sharing a series of studies
that DHS sponsored on this subject.


11. (C) EUROPOL Director Wainwright, who had just assumed his
new position, welcomed the opportunity to work with long-time
DOJ friends. Noting that EUROPOL engaged in strategic
analysis with representatives from every major European law
enforcement agency, he said he wanted to turn such analyses
into operational actions. He offered EUROPOL as a gateway
into the EU, as a complement to U.S. bilateral cooperation
with Member States. Noting his awareness of current
restrictions to sharing information, he pledged to do all he
could to overcome at least some of the obstacles. Remarking
that efforts against terrorism remained a top EUROPOL
priority, he cited his agency's "Check the Web" initiative as
a simple but effective tool to monitor Internet web sites for
terrorist propaganda, develop a library of groups abusing the
Internet, and add to our analytical capability. He hoped to
extend access to the United States, which, he acknowledged,
has supplied valuable information on terrorist fighters
returning from Iraq. Wainwright took note of the AG's
suggestion on home-grown radicalization.

12, (C) VP Barrot mentioned that the Commission had financed
four comparative studies on radicalization and recruitment on
(1) radicalization among youth, (2) ideology of extremists,
(3) methods to recruit individuals, and (4) best practices
against radicalization. The Commission planned to publish
these studies on its web site by September. De Kerchove said
the EU had sought recently to criminalize additional
activities linked with terrorism, including active
participation in terrorist training and public provocation.
He understood U.S. First Amendment limitations but hoped that
the U.S. and EU could find common ground. Germany has worked
with service providers to counter Internet abuse, Spain has
identified best practices for training moderate Imams, and
the Netherlands has focused on the role of local authorities
in fighting radicalization. Sweden and Belgium have sought
to foster greater ties between their intelligence agencies
and local police, and the UK has examined the process
involved in pushing radicals toward violence. He praised
U.S. cooperation, particularly sharing of information on
terrorist fighters returning from Iraq, which he suggested
should expand to fighters returning from Afghanistan and
Pakistan. De Kerchove urged that the U.S. and EU focus more
resources on terrorism prevention in third nations,
particularly Pakistan.


13. (C) Praising existing, well-developed, transatlantic
efforts to share knowledge and experiences, DHS Deputy
Secretary Lute urged governments to explore jointly ways to
implement best practices in communities. She cited
development of Incident Reaction Teams in the U.S. as an
initiative worthy of emulation. AG Holder praised the
growing role of local police in the U.S. in collecting
information on terrorist groups and activities, in place of
earlier, exclusive reliance on federal agencies. In serving
as genuine force multipliers, local police could act quickly
once they detected suspicious activities. Although the U.S.
and EU Member States had different legal systems, they could
tailor their efforts to match common concepts and
experiences. Noting EUROJUST cooperation with Western Balkan
countries to assess the terrorist threat, Langer said the EU
would host a conference in Prague May 4 to 5 to allow
officials to discuss case studies and enhance cooperation.

--------------
PASSENGER NAME RECORDS SYSTEMS
--------------


14. (C) Langer said various Member States had yet to ratify
the U.S.-EU Passenger Name Records (PNR) Agreement, but he
expected final ratification by the summer. Some parliaments
had expressed concerns over data privacy provisions. VP
Barrot inquired about the expected timing for a joint U.S.-EU
review of the U.S. PNR system, to which Lute responded that
DHS was still putting its leadership team in place and
officials were still working on a date for the joint review.
As for a planned EU PNR system, Langer asserted that various
Member States had questioned the value of establishing an
EU-wide system. Accordingly, he did not anticipate
resolution of this issue during the Czech Presidency. Adding
to this information, VP Barrot confirmed that Members of the
European Parliament (MEPs) had submitted many questions
regarding the proposed Framework Decision for establishing
this system.

-------------- --------------
EXPLOSIVES, CYBER-CRIME AND CRITICAL INFRASTRUCTURE
-------------- --------------


15. (U) Warren described a very successful seminar on
explosives attended by experts in December 2008 in the Hague
and noted that the U.S. and EU had recently prepared a
calendar of upcoming expert training events and seminars. As
for tangible follow-up, Wainwright said EUROPOL and Spain
planned to develop an explosives early warning system this
year, to be followed by development of bomb detection markers
and a European Explosives Disposal Network. Deputy Secretary
Lute described cyber-crime as a major priority for her
Department. VP Barrot said the EU had developed an inventory
of recognized critical infrastructure within EU Member
States. A seminar planned for December would identify best
practices to protect such critical infrastructure.

--------------
DATA PRIVACY
--------------


16. (C/NF) Minister Langer identified security and personal
freedom as two values deserving the utmost attention.
Nations had no choice but to succeed in both areas
simultaneously. Unfortunately, terrorist attacks not only
undermined security but increased pressure on authorities to
take actions that could undercut personal freedom, including
protection of personal data. He emphasized that the issue of
judicial redress remained an important concern for the EU
side. The EU also awaited ratification of the Lisbon Treaty
before agreeing to a mandate for negotiating a binding
international agreement on data privacy. Barrot observed
that the High Level Contact Group (HLCG) had delivered
considerable results. Yet, lack of provisions in the U.S.
Privacy Act to provide access to judicial redress by non-U.S.
persons contrasted with the EU system, where laws guaranteed
access to judicial redress to all individuals regardless of
nationality. He asked that the U.S. amend its Privacy Act to
correct this discrepancy, which he described as a
"precondition" to the Commission's seeking a mandate to
negotiate the agreed-upon end state of a binding
international agreement on data privacy in law enforcement
information transfers. (COMMENT: While EU officials had
previously voiced concerns over the Privacy Act's scope, this
was the first time that a senior EU official had identified
amendment of this U.S. statute as a pre-condition for a
mandate. Previously, EU officials had used Lisbon Treaty
ratification as the sole reason for not proceeding at this
time. END COMMENT.)


17. (C) In response, Deputy Secretary Lute noted that the
U.S. Privacy Act represented only one small part of the
overall U.S. system to protect personal data. She explained
that the multi-faceted U.S. system provided "effective
redress" for all individuals, including access to
administrative remedies. For example, the Freedom of
Information Act (FOIA),in effect, provided all the
protections sought by the EU for its citizens. Lute
committed to providing more information on U.S. privacy laws,
and she urged that the HLCG complete its important work by
the end of the year. AG Holder emphasized that differences
in the U.S. and EU systems of protecting personal data did
not present genuine problems in implementation. He noted
that the U.S. and the EU have shared law enforcement
information, including personal data, for years without
problems. (COMMENT: In September 2008, the U.S. side
provided a matrix that explained in detail the impact of FOIA
and other U.S. laws on access by EU citizens to redress. In
return, the EU has not provided a substantive response,
beyond reiterating that the EU privacy framework provides
judicial redress for all individuals, regardless of
nationality. END COMMENT.)


18. (C/NF) De Kerchove supported VP Barrot's intervention on
the need for the U.S. to amend the Privacy Act. He explained
that new MEPs, to be elected in June 2009, will play a
greater role in EU decision-making on justice and police
cooperation under the Lisbon Treaty. (N.B.: The Treaty
awaits final ratification by the Czech Republic, Germany,
Ireland, and Poland, including a second Irish referendum.)
The existence of different treatment between U.S. and
non-U.S. persons in basic U.S. privacy legislation would
present a "very symbolic difference" to such
Parliamentarians. De Kerchove pressed U.S. consideration of
an amendment to the Privacy Act as a way to facilitate
greater transatlantic sharing of law enforcement information.


19. (C/NF) DHS Deputy Secretary Lute responded that the U.S.
Privacy Act of 1974 had undergone amendment only once in its
35 year history. Focusing on a symbolic gesture, she
countered, would not reinforce a pragmatic goal. As noted
previously, the Freedom of Information Act offers protections
and opportunities for redress that the EU seeks. Justice
Minister Ask of Sweden noted the importance of continuing the
very important work of the High Level Contact Group (HLCG).
Langer stated that the EU will obtain a negotiating mandate
after ratification of the Lisbon Treaty, allowing additional
time for preparatory work in the meantime. Both sides should
not remain idle. Langer lamented that he could not put a
more positive spin on the current situation. (COMMENT:
Despite intensive efforts by the Czech Presidency to obtain a
Ministerial statement on the work of the HLCG on data
privacy, the Commission blocked such a joint declaration on
the basis of the Privacy Act issue. END COMMENT.)


20. (C/NF) COMMENT: After the Ministerial Meeting, EU
officials Faull, de Kerchove, van de Rijt, and Busse met
informally with Swartz, Warren, McAnulty, and Bednarz to
elaborate on their data privacy views. Faull insisted on the
need to deal with the Privacy Act because of considerable
public attention on this issue (which, ironically, he and
some Commission colleagues had generated in the first place).
He offered that the EU would be satisfied with a pledge to
undertake best efforts to amend the U.S. Privacy Act "when
the Act next undergoes amendment." Swartz advised that
opening the Privacy Act to the suggested EU amendment to
cover non-U.S. persons would also open the Act to other
changes, some of which might not be to EU liking. He
continued that, even before considering seeking a legislative
change, the Administration would need to receive a more
convincing argument from the EU side than one based largely
on a desire for a symbolic gesture. Faull, who has received
extensive briefings and a comprehensive matrix on how
judicial access in the U.S. is available to anyone, has
admitted privately that the concern over the U.S. Privacy Act
is symbolic and not a real deterrent to judicial access. END
COMMENT.

--------------
VISA WAIVER PROGRAM
--------------


21. (C) Langer welcomed progress on the U.S. Visa Waiver
Program (VWP),particularly noting last year's entry of the
Czech Republic and six other EU Member States. He expressed
hope for progress in admitting additional EU Member States
not yet in VWP, but also stated concern over proposed
legislation before the U.S. Congress. Lute noted the ongoing
requirement of U.S. officials to assess the effectiveness of
VWP. She stated that the administration planned to maintain
a constant dialogue with the U.S. Congress, as part of
efforts to assure Members of Congress of measures undertaken
to mitigate the risks posed by visa-free travel. Lute
commented as well on the need for continued dialogue on
closure of the parallel European Commission track on VWP.
Noting his status also as a member of the Czech national
parliament, Minister Langer said he understood the situation.
Nevertheless, he hoped that Congress would not make VWP
membership more difficult. VP Barrot expressed hope for
progress by Greece and Poland in gaining eligibility for this
program. He considered this issue to be one of reciprocity,
adding that Greece had not yet ratified either the U.S.-EU
Mutual Legal Assistance and Extradition Agreements.

--------------
FRONTEX AGREEMENT
--------------


22. (U) Langer welcomed the impending signing of a working
arrangement between FRONTEX and DHS. Lute, in turn, extended
an invitation for FRONTEX Executive Director Laitinen to
travel to Washington for consultations on implementation.
Emphasizing that the comprehensive working arrangement
complied with all requirements of the current EU legal
framework, he urged that DHS and FRONTEX officials follow up
quickly to prepare an Action Plan to implement the
arrangement that he and Lute would sign that evening

--------------
CHILD PROTECTION
--------------


23. (U) Langer described child protection as another high
priority of the Czech Presidency. He reported that the EU
had revised the 2004 Framework Decision on Child Protection
this year to put it on par with a Special Convention on Child
Protection prepared and adopted recently by the Council of
Europe, based in Strasbourg. (COMMENT: COE agreements often
serve as the basis for legislation and agreements prepared by
EU officials. END COMMENT.) VP Barrot added that the JHA
Council had agreed to two new Framework Decisions on Child
Protection and Human Trafficking. The former provides for
criminal sanctions against new types of abuse, including
bullying and access to objectionable materials and permits
child victims to present testimony without having to confront
their abusers directly in court. The latter provides for a
new Action Plan on human trafficking developed by law
enforcement authorities, the private sector, schools, and
non-governmental organizations.


24. (C) Similarly, AG Holder characterized child protection
as a top priority and of keen interest to him personally. He
noted that the U.S.-EU Extradition Agreements, once ratified,
will update the types of offenses including those related to
abuse of children. Senior Justice Counselor Warren described
cooperation by the U.S., EUROJUST, and Member States in
investigating networks of criminals that abuse children. An
experts group met initially via Digital Video Conference and
has scheduled meetings once every three months. In one
instance, information developed initially by the EU and
involving Norway, Italy, Romania, and the UK led to discovery
of links with U.S. criminals. On the U.S. end, Justice, DHS
Immigration and Customs Enforcement (ICE),and Postal Service
investigators have worked closely together. (COMMENT: Both
sides confirmed their commitment to coordinate investigations
against international child predator groups. The U.S. and EU
have established an effective working group, using the
EUROJUST Child Protection Section as a contact point, to
share information on offense trends and on forensic
capabilities to intercept and break communication of child
pornography via the Internet. END COMMENT.)

--------------
INTERNATIONAL COOPERATION
--------------


25. (U) VP Barrot praised EU and US efforts to share
information on technical assistance to countries of mutual
interest, including those in the Western Balkans, whose
justice systems suffer from deficiencies that require
correcting. INL Counselor McAnulty provided a brief overview
of U.S. technical assistance projects to third countries,
including the Western Balkans. He noted that such efforts
involved, close inter-agency coordination and support,
including among DOJ, DHS, and DOS officials. Funding
provided by the DOS (INL and EUR Bureaus) often served as the
catalyst for assignments and temporary travel by operational
experts, particularly those from DOJ and DHS, including
Resident Legal Advisors, Liaison Officers, and training
personnel. He reported that U.S. projects included both
bilateral and regional ones, such as support and advice
provided to the South East European Cooperation Initiative
(SECI) Center in Bucharest and the International Law
Enforcement Academy (ILEA) in Budapest. In conclusion,
McAnulty praised ongoing transatlantic dialogue on technical
assistance to ensure these projects complement each other and
address the most important priorities. He extended an
invitation for EU working level colleagues to travel to
Washington to meet with program managers and planners to
discuss priorities and projects.

--------------
SWEDISH PRESIDENCY PRIORITIES
--------------


26. (U) Swedish Justice Minister Ask previewed the priorities
for the Swedish Presidency, which will begin July 1. She
noted that her Government will work eagerly on external JHA
issues, including enhancement of transatlantic cooperation
against organized crime. She expressed hope that the next
JHA Ministerial Meeting will finish the important work of the
High Level Contact Group on data privacy in anticipation of
formal negotiation of a binding agreement. The Swedish
Presidency will also prepare and agree upon a five-year JHA
Plan of Action for 2009 to 2014, known as the Stockholm
Programme, that will follow upon the EU's previous five-year
programs, Tampere and Hague. She forecast that the new
program would balance vision and pragmatism and accent
implementation of existing directives rather than simply
adding new regulations. With cooperation among Member States
dependent upon mutual trust, she emphasized the need to build
the ground-level support from EU citizens. Accordingly, the
EU will need to balance security with procedural rights. She
listed child protection, efforts against human trafficking,
development of common policies on asylum and refugee
resettlement, legal migration, promotion of visa-free travel
with Balkan nations, and enhancement of the Visa Information
System (VIS) as priorities that the EU Presidency will
promote. Swedish Minister of Asylum and Migration Billstrom
reinforced these points by highlighting the need to prepare
for Phase Two of the Common European Asylum Policy, promote
greater cooperation with third countries on resettlement of
refugees, encourage legal migration, expand visa policies
with non-EU nations, and discuss U.S. VWP further. He added
that well-managed migratory flows benefited both the sending
and receiving countries and that the United Nations global
approach to migration played an important role in managing
this phenomenon.

--------------
SIGNING OF AGREEMENTS
--------------


27. (U) At the end of the JHA Ministerial Meeting, AG Holder
and his counterparts from the Czech and Swedish governments
exchanged ratification agreements and signed bilateral
protocols for the U.S.-EU Mutual Legal Assistance and
Extradition Agreements, which will enter into force upon
ratification by all Member States. DHS Deputy Secretary Lute
also signed the Working Arrangement with FRONTEX Executive
Director Laitinen.

--------------
COMMENT
--------------


28. (C) This Ministerial meeting represented the first
opportunity under the new Administration for U.S. and EU
Cabinet officials to discuss the full range of JHA
transatlantic cooperation and priorities. The meeting
results reflected the fact that considerable progress has
been achieved on most issues, specifically in facilitating EU
consensus to allow EU Member States to accept Guantanamo
detainees, sharing of counter-terrorism efforts and experts,
encouraging ratification of the U.S.-EU mutual legal
assistance and extradition agreements, strengthening child
protection efforts, and enhancing the ongoing informal
dialogue on technical assistance. On data privacy, EU
insistence on what even they admit is a symbolic demand to
change the U.S. Privacy Act, represented the main
disappointment. Additional progress in the HLCG on redress
and negotiation of a binding international agreement on data
privacy will likely await ratification (or not) of the Lisbon
Treaty. In the face of the impending change of the Czech
Government, Minister Langer and his Czech colleagues
performed credibly under difficult circumstances, attempting
to focus on areas of agreement and minimize the impact of the
few areas of difference. This Ministerial Meeting has served
to set the stage for further progress on transatlantic police
and judicial cooperation, migration, and refugees under the
upcoming Swedish Presidency. END SUMMARY.

MURRAY