EU: EDU work programme
01 March 1997
The work programme of the Europol Drugs Unit (EDU) for 1997, and the report on its activities for 1996, refer to a major project "involving clandestine immigration networks". The 1997 work programme says the EDU are undertaking:
"under the lead of a Member State, an operational analysis on specified targets on the Balkan Route Project."
The 1996 report on EDU activities says:
"The Balkan Route project, focusing on clandestine immigration networks involving Turkish national and Turkish organisations, was developed and a strategic analysis was carried out by the EDU taking into account the contributions already supplied by the Member States, additional detailed information and details of cases dating from 1994 and 1995.
Based on the national reports on the subject of illegal immigration networks available in each country, the production of an EU General Situation Report is now being undertaken. This general situation report, including the strategic report on the Balkan Route, to be finalised at the beginning of 1997, will go in depth on technical points and develop operational projects."
The EDU's "Balkan Route Project" is of interest for two reasons. First, because the timing of developing "operational projects" and "specified targets" appears to overlap with Joint Action to combat drug smuggling on the Balkan Route which was adopted by the Fisheries Council on 20 December 1996. This Joint Action run by the Customs Cooperation Council, with whom the EDU was working in 1996 on a "strategic analysis on Drug Trafficking Activities by Turkish Criminal Organisations from an EU Perspective", included "monitoring road traffic.. carrying out specific inspection measures.. collecting information and intelligence.. [and] setting up appropriate communications links for exchanging information..". Under the banner of combatting "organised crime" the Balkan Route Project appears to have two objectives, not one - drug trafficking and "clandestine immigration networks".
The second reason concerns the use of the terminology "under the lead of a Member State". The Joint Action governing the activities of the EDU limits its work to exchanging information through national liaison officers based at its headquarters in the Hague and the "preparation of general situation reports and analyses of criminal activities" (Article 2.3). It is not allowed to hold "personal information" nor take part in operational activities or "transmit any personal information to States other then Member States or to any international organisation." (Article 4.2). It appears that when "analytical support to investigations and operations" (1996 report on "Legal Situation") is done "under the authority of Member States whose involvement is particularly useful "in respect of operational work". Put in plain language it appears that when the EDU reaches the limits of its remit a Member State(s) takes over and by this means the line behind gathering and supplying intelligence and "operational work" is fudged.
This is of special concern because the two reports show that the EDU is directly supporting the "controlled delivery" of drug trafficking "operations". It is:
"implementing measures arising from the Special Techniques Policy Document (including controlled deliveries), in order to facilitate a possible common use of the methods and techniques for multilateral operations.. [it is] considering the results of the Controlled Deliveries Practices Study... [and], constantly reviewing the EU Manual on Controlled Deliveries.." (1997 work programme)
The role, if not of the EDU as such, but of the national European Liaison Officers (ELOs) based at the EDU is set out:
"the total amount of controlled deliveries carried out by the competent agencies of the Member States using the ELO network and EDU facilities was 33 [in 1996]".
Extending EDU's remit
The original task of the Europol Drugs Unit, as its name implies, was dealing with drug<