EU: Third pillar work programme
01 March 1997
The work programme under the Dutch Presidency (January-June 1997) on justice and home affairs includes two initiatives on developing the EU-FBI telecommunications surveillance system (see Statewatch, vol 7 no 1). Under Steering Group II (police cooperation and customs cooperation) one of the targets is:
"making it technically feasible for justice and police to carry out real-time interception of satellite telecommunications traffic."
While Steering Group III (judicial cooperation in criminal and civil matters) is preparing a new (supplementary) Convention on Mutual Assistance in Criminal Matters which will include: "interception of satellite telecommunications".
The first initiative is geared to ensuring "law enforcement agencies" (police, customs, immigration, and internal security) are able to tap (surveil) into phone calls, e-mails and faxes. The second is to cover the passing of information gathered between EU police forces and ensuring that it can be submitted in evidence in court.
Public order
The work programme of Steering Group II includes:
"Extending existing public order cooperation in the area of sport (i.e. football) to other situations such as demonstrations, major public events and other large-scale events involving citizens from several EU Member States and compiling a manual listing national crisis centres."
Also set out are:
a) "creating a databank to store DNA; liaison will be ensured with either Europol or Interpol";
b) "developing the Europol computer system (TECS)";
c) coordination of the work of Europol and the Customs Information System (CIS);
d) coordination of the Working Party on Terrorism with the "Working Party on Terrorism under the Second Pillar" (defence and foreign policy);
e) to deal with "legal and practical problems in the area of controlled deliveries" within the EU and with "the countries of Central and Eastern Europe";
f) recommendations are to be drawn up on "the exchange of operational information.. between national criminal intelligence departments".
Illegal immigrants and "voluntary repatriation"
The work of Steering Group I (asylum and immigration) starts with the anticipated completion of the ratification of the Dublin Convention on asylum applications (the introduction of the "one-stop" rule) which has taken seven years to complete.
They are also to dust off the Parallel Dublin Convention (prepared in May 1992) which would extend the Convention to "third countries" and are considering whether Norway and Iceland should be "involved in the negotiations" as they have associate status with the Schengen Agreement.
Under the heading of "Expulsion" the strengthening of measures:
"to counter illegal immigration and illegal employment and improved cooperation on the expulsion of illegal immigrants and problems encountered over readmission.."
Also on the agenda is the "problem" of country origin refusing to take back their "own nationals", this is to be discussed by a "combined meeting of experts from working parties from the three pillars.." This no doubt is being seen in the context of another initiative where "experts under the Second and Third Pillars" will discuss "the more political aspects concerning the situation in countries of origin" - namely, the need for political and economic pressure to be brought on third world countries.
The Dutch Presidency is also to prepare a Council Decision on the "national practices concerning assistance for the voluntary repatriation of third-country nationals" - if the model provided by EU Extradition Conventions is followed "voluntary" may be followed by "enforced" (involuntary).
Provisional work programme for Steering Group I (asylum and immigration) for the period from 1 January 1997 to 30 June 1997, Note from the Netherlands delegation to the K4 Committee, CK4 61, Limite, 12743/96, 11.12.96; Provisional work programme for Steering Group II (Police cooperati