ENFOPOL to pass European Union Council before 27 May 1999

Still the Draft is an Item of Classified Information.

February 26th, 1999

On December 3rd, 1998, the European Judicial and Domestic Affairs Committee negotiated the council draft of ENFOPOL working group . The remaining details shall be clarified until May 1999. This can be read in the uncensored ENFOPOL-paper 10951/2/98 Rev 2, which is with the Telepolis editorial office now.

Pressure is being exerted by the "Team of Police Co-operation" and the - as they are called - ILETS and IUR/ST experts. IUR stands for "International User Requirements". They consider the adaptation of legal and technical surveillance possibilities to new technologies - from satellite communications to the internet, to be "urgently essential". The draft on hand is based on the European Council resolution of January 17th, 1995.

Now for the first time the genesis of the several ENFOPOL-papers could be clarified: During a meeting in Vienna from October 20th through October 22nd, 1998, and a final meeting in Madrid on October 27th and 28th, 1998, IUR-experts checked, how far the latest requirements have already been included in the existing standards. The results had some influence on the revised version Rev 1, which was handed over to the "Team of Police Co-operation" on November 5th, 1998. The document "Rev 2" on hand is now being revised under the German Council Presidency. This document is still "limité" - an "item of classified information".

Regarding the item on the agenda "Convention for Reciprocal Legal Advice" during their meeting in December 1998 the secretaries decided in favour of the future fate of the draft. The next conference of the EU-secretaries will take place in Brussels on March 12th, 1999. Until then a tricky juridical hurdle needs to be cleared. This is passed, because there is still no agreement on the point, which kind of rights Italy, where the central Iridium control station is located will be allowed to have. The maximum demand is that other countries may access the telecommunications' service by remote control without judicial decision of Italian authorities. A political decision shall be taken until March 12th, 1999. Observers assume that the council draft will be adopted by May 27th, 1999, already.

With that the necessary legal adaptations on national levels could be effected in the course of this very year. Depending on the country this could be done by a regulation passed by local authorities or by law passed by the regional EU parliaments. The difference: The debate in parliament is public, whereas the discussions in the departments are not.