WRITTEN QUESTION E-1077/02

by Erik Meijer (GUE/NGL) to the Commission

(18 April 2002)

Subject: US pressure on the EU to restrict human rights by making changes to criminal law and law enforcement

1. Can the Commission confirm the report by the British NGO Statewatch that there is not only talk of coordination between the Member States of the EU in the area of integration

of criminal law and law enforcement but that, under pressure from the United States, efforts are also being made to establish a trans-Atlantic axis of police and judicial cooperation which would mean that the EU could no longer determine its own criminal law policy independently?

2. Is it correct that in recent months, following a letter dated 16 October 2001 from US President Bush to the Commission President, Mr Prodi, there have been 12 meetings to discuss American demands concerning the issue of visas, passport checks, border controls and the sharing with the US of all information on criminals, asylum seekers whose applications have been processed and rejected, deported foreigners and lost or stolen identity papers? Is this also occurring without the privacy protection rules in force in the United States being applied to non-US citizens?

3. Is it correct that in December a working document was drawn up on behalf of the Commission with the aim of satisfying American demands to a large extent by restricting existing human rights provisions within the EU, not least by accepting that in future judges can make individual rights enshrined in the European Convention on Human Rights subordinate to considerations of State security and under which torture and inhuman forms of imprisonment would be tolerated?

4. What are the implications of this development for groups and individuals within EU Member States who are conducting cross-border campaigns against globalisation, liberalisation, commercialisation, differences in prosperity, expansion and war?

5. What does this development mean in terms of making European citizens subject to US criminal law and extradition to the United States, i.e. to a country which makes a distinction between US and non-US citizens, which does not guarantee that prison sentences can be served in the prisoner's own country and that even applies the death penalty?

6. How does the Commission intend to ensure that the human rights rules applying in the EU can be better protected against outside pressure than in recent months? In the Commission's view what limits must not be exceeded in this context? When will the secret negotiations be concluded and will the European Parliament receive a report on the different input of the US and EU and of any agreement that may be reached?

Source: Dutch newspaper De Volkskrant, 22 March 2002.

Answer given by Mr Vitorino on behalf of the Commission

(14 June 2002)

On 21 September 2001 the European Council adopted an Action Plan in the fight against terrorism(1). Among the activities envisaged in the Action Plan are measures aimed at improving cooperation with the United States.

As set out in the Council Conclusions of 26 April 2002, a meeting with the United States was held on 12 April 2002 in the framework of the Strategic Committee on Immigration, Frontiers and Asylum.

At this meeting, the Union responded positively to American proposals for cooperation on border control and migration management forwarded by the United States on 26 October 2001, covering:

- closer scrutiny of transit passengers and of transit areas of international airports by immigration police. Boarding gate checks;

- identification of a list of data to be exchanged between border management services of the Member States and of North America. Modalities for such exchanges;

- broadened European Carrier participation in APIS (Advanced Passenger Information System);

- increased use of European transit facilities to support the return of criminal/inadmissible aliens from the United States to Europe or the Country of origin;

- co-ordination United States-Union co-operation projects in the area of border security;

- encourage adherence by other States to the International Civil Aviation Organisation (ICAO) standards in passport/visa issuance;

- immediate information of United States and other key partners when a breach/theft of passport/visa security is detected;

- co-ordination of false document training;

- improve co-operation in removals of status violators/criminals/inadmissibles.

Pursuant to the Union Action Plan, the Commission adopted on 5 December 2001 a Working Document on The relationship between safeguarding internal security and complying with international protection obligations and instruments.

The aforementioned Council Conclusions also set out that in the general framework of the Union's police and judicial co-operation with the United States, the Council authorised the Presidency to negotiate an agreement on judicial co-operation in criminal matters, including terrorism, on the basis of Articles 24 and 38 of the Treaty on the European Union.

The negotiating mandate covers in particular, extradition, including the temporary surrender for trials and mutual legal assistance including exchange of data, the setting up of joint investigation teams, the giving of evidence (via video conference) and the establishment of single contact points.

As regards extradition, the Union will make any agreement on extradition conditional on the provision of guarantees on the non-imposition of capital punishment sentences, and the securing of existing levels of constitutional guarantees with regards to life sentences.

Already all 15 Member States have bilateral extradition agreements with the United States.

The future agreement should in all cases safeguard the efficiency of the existing bilateral agreements between the Member States and the United States.

The level of protection of human rights as defined by the European Convention of Human Rights and confirmed by the Union Charter of Fundamental Rights will certainly be used as reference for fixing the position of the Union and of the Commission.

Negotiations will be led by the Presidency assisted by the Commission. The Presidency will report to the Council on progress made after each negotiation meeting with the United States.

(1) OJ L 344, 28.12.2001.