PRESS RELEASE : Brussels, 28/02/03 - PERMANENT REPRESENTATION TO THE EUROPEAN UNION

Today, on the 28th of February 2003 the Council of Justice and Home Affairs chaired by the Greek Minister for Justice Mr. Filippos Petsalnikos, completed its first session under the Greek Presidency.

At the beginning of the session the President of the Council emphasized the following:

"The Greek Presidency seeks to safeguard in all of European Union the area of freedom, safety and justice.
Doubtless, the security of all Europeans is our main task and we ought to take all necessary steps to consolidate and re-enforce it.
At the same time our efforts cannot go against Community acquis on human rights and the fundamental freedoms. We equally strive to respect this.
It would be mistaken, though, our efforts for the creation of all necessary conditions for the security of our citizens to mean reduction of the framework of human rights and protection of freedoms, a basic element of our juridical culture. More security does not mean necessarily less freedom. Our policies must be characterized by balance, a task that should be possible to achieve.

Inspired by the previous thoughts, we intend to consider during the forthcoming meeting of the Informal Council of Ministers, in Veria, the possibility of creating a frame of minimum rules for protecting suspects and defendants. It is a subject of great importance on which the Commission has already released a paper.

Additionally , in view of the works of the European Convention and the developments which take place in the field of Justice, we decided to tackle also in the same meeting this important issue for the future of Europe. In order to have full information and to be given the opportunity for fruitful exchange of views, Mr. John Burton, former Prime Minister of Ireland and current Vice-President of the Convention, has kindly accepted our invitation to be present.

I would like also to mention two legislative initiatives of the Greek Presidency.

The first relates to the framework decision on the criminal aspects of trafficking of human organs and tissues.
The second concerns the framework decision for the application of the principle of "ne bis in idem", ie. the right not to be prosecuted for the same criminal conduct twice.

Let me also note that we shall strive to conclude successfully discussions on the well known initiatives introduced by the previous successful Presidencies, and of course by Denmark".

During the second day the Council examined the following important issues, relating to the field of Justice, as follows:

The Council concluded to a common approach concerning the last item. Reservations were lifted and all major issues were agreed upon among member states.

This is an important decision since it treats decisively forms of crime which are a menace to the information society. It aims at combating attacks against information systems which constitute an important form of crime in cyberspace. It also faces the actions of organized criminal groups specialized mainly in piracy and destruction of websites, endangering at a worldwide level the above systems of industrial sectors, banks, hospitals, public sector and private sector organizations.

This framework decision requires member states to provide for criminal sanctions for cases of illegal access into information systems, illegal interference of systems and data. It also has provisions for penalties for these acts, as well as for instigation, aiding, abetting and attempt, with variations according to the gravity of the above actions, while additionally, aggravating circumstances are included in the provisions, for those of the above acts which are committed in the context of a criminal organization or create considerable harm or damage to essential interests.

During the session the proposal by the Greek President Mr. F. Petsalnikos was received favourably, ie the scope of application to be focused on serious crimes, so as to avoid disproportionate widening of incrimination, and to combat effectively the serious types of it, especially organized crime. It was also agreed that member states must ensure effective judicial cooperation in this domain, especially required due to the often trans-border character of the offences.

The Council made considerable progress also in its examination of two more draft framework decisions, on combating racism and xenophobia, and on mutual recognition of financial penalties.

Concerning the former, specific problems were resolved which had prevented progress so far. The Council accepted a proposal by the Greek Presidency, to make special mention in the Preable of the public incitement to violence, hatred or discrimination against persons who identify themselves according to their religion by including religious convictions as well as beliefs. The introduction of a clause received also positive response, in order to ensure that this decision will not have any effect on constitutional rules and the fundamental principles of freedom of expression. Their formulation remains to be finalized and member states indicated their intention to work closely in order to resolve outstanding issues, especially those touching upon judicial cooperation.

Considerable progress was achieved also in the draft framework decision for mutual recognition of decisions on financial penalties. There is still difference of opinion though as to the exact list of offences on which mutal recognition will apply, independent of the existence of double criminality.

The Presidency, supported by almost all member states, proposed that the list of offences included in the European Arrest Warrant must be kept intact and a small number of offences should be added, for which there will be unanimity, including road traffic offences. There are still divergent views as to the exact number, a subject to be examined by the competent group of experts in the Council. For the rest of the outstanding issues delegations lifted their reservations which they had put for the definition of the decision, the fundamental principles and the grounds of refusal.

Mr. Petsalnikos, underlined the determination of the Presidency to find ways of convergence, so as to reach a political agreement quite soon.

On the Agreements on Extradition and Mutual Legal Assistance between the EU and the USA the Council expressed its satisfaction that the Greek Presidency conducted the negotiations effectively. There is an encouraging result. At present negotiations are suspended in order member states to be given the time to study the relevant texts and to finish their internal deliberations, so as to take a final decision in a following Council. The European Parliament will be informed according to the procedures provided for.

Negotiations have been particularly difficult because of the different legal (juridical) systems. The European Union managed to safeguard basic guarantees which relate to fair trial. The drafts of the agreements offer more guarantees than (existing) bilateral agreements.

To be noted that these proposed agreements (conventions) have a complementary character and do not replace the corresponding bilateral agreements. If the bilateral agreement provides for grounds of refusal for extradition or cooperation, this applies here too and additional grounds for refusal can be based on the new texts.