Organized Crime

Minutes of the 4th SPOC Board Meeting

With letter from 4 October 2004, the SP was informed that the former SPOC Chairman, the Head of the Department for International Law Enforcement Cooperation of the Austrian Criminal Intelligence Service (CIS)/Austrian Ministry of the Interior took over the responsibility of SPOC Programme Manager. The SP National Coordinators were informed on 6 October that Austria suggests Dr. Hubert Pirker, a former Member of the European Parliament and Spokesman for Justice and Home Affairs, to be appointed as the new SPOC Chair. Following no objections during the silence procedure until 15 October, the Board officially endorsed Dr. Pirker to take over the position of SPOC Chairman.

In his introductory remarks, the Director of Working Table III, Mr. Pieter Verbeek, pointed out positive developments since the last SPOC Board meeting: Following the SEECP JHA ministerial statement from 18 May 2004 to jointly fight organized crime, the Romanian chairmanship-in-office of the SEECP proposed the creation of a database of legislative and institution building measures to document progress. The independent assessment of the SECI Center concluded that the Center has the potential to eventually become a Europol Regional Office. He also mentioned the South East European Police Cooperation Convention, the up-coming efforts to strengthen the SPOC Secretariat and to enhance links between SPOC and the Police Forum.

In his first address in the capacity of SPOC Chairman, Dr. Pirker outlined future challenges and respective responses:
Nobody, no group is successful with isolated actions. An integrated strategy to fight organized crime is needed. This means close cooperation between experts (police, customs officers, boarder guards etc.), parliamentarians, local authorities and the support of the media to increase public pressure.
To implement an integrated strategy needs concrete projects. While some are currently being implemented, new cross border projects, such as combating smuggling, could help to improve the exchange of information and cross border-cooperation.
Bilateral projects and various EU-driven programs have generated a myriad of activities, parallel projects making it impossible to have an overview of all existing assistance efforts. Clear strategy, focus on priority projects and flexible programs taking into account the actual situation in the region are needed.
The SPOC secretariat should extend the activities in the direction of providing assistance to formulate and implement projects. It should closer cooperate with the SECI-Center, which must be recognized as THE regional law enforcement tool in the Balkans.
Awareness rising measures must be taken. It needs to be understood that organized crime is undermining society and stability.
A close contact between regional actors and Brussels-based politicians should result in a stronger focus on SEE.
Lastly, capacity building has to take the education component into account. A greater emphasis needs to be devoted to the law faculties in the region, in order to ensure that young legal talent is available to strengthen the under staffed courts.

Mr. Thomas Mutschler, programme officer located at the CIS office in Vienna gave a report up-dating the board members on the project “SEE police cooperation convention”. This Convention will establish a Schengen like police co-operation among the beneficiaries. The model for this Convention will be the police related parts of the Schengen Implementation Agreement and relevant parts of the new treaty on police and justice co-operation between Austria and Germany. The following countries declared their willingness to participate in this project: Romania, Moldova, Macedonia, Serbia & Montenegro, Albania and Bulgaria. The project depends on financial support by Germany. International experts are ready to prepare a draft of the Convention. This draft will be introduced in a start-up workshop and then negotiated in approximately seven sessions. It is expected that a signing ceremony will round up the project. The Convention is offering legal provisions for new types of police co-operation, e.g. liaison officers, cross–border surveillance, hot pursuit and common border centres for training.

Mr. Yalcin Cakici, Director of the SECI Regional Center for Combating Transborder Crime, and Mr. Dominique Lapprand, European Commission DG Relex, reported on the situation following the Center’s independent assessment on behalf of the European Commission.

Mr Cakici said that the assessment stressed the Center’s current and potential greater regional role regarding police, judicial and customs cooperation in the field of organized crime in the Western Balkans. He reported that the positive outcome of this assessment represents an important step forward in the development of the relations with various European law enforcement institutions, especially with Europol. Mr. Cakici is persuaded that the assessment report is the beginning of a new phase in the SECI Center’s history and it will constitute a milestone over the years. He noted a growing interest from the United Kingdom in SECI Center activities lately and saluted their intention to intensify support for the Center in order to become a “Center of excellence” for law enforcement training. The implementation of the short, medium and long-term recommendations will certainly have an impact on the activities of the Center. The Director thanked Dr. Erhard Busek for his leading role in the initiation of this assessment process, which brought the Center closer to important European law enforcement institutions.

Mr. Lapprand congratulated the new Chair. He reported that there is a tendency to go beyond the existing separation between the Western Balkans and ROM, BUL and TUR.

Related to the SECI Center assessment report, he underlined that there is no official EU position. The next Balkan Forum JHA ministerial meeting might take a position. In any case, the Commission is ready to support the improvement of the Center. Mr. Lapprand believes that there is only weak commitment of the SECI member states to modify the current legal framework. CARDS can support the improvement of the Center. The CARDS Committee should take a decision in this regard.

Two crucial commitments are not fulfilled by the SECI member states: Firstly, funding: too much is coming from external partners instead from regional actors. The member countries should fund operations and running costs. This would prove the sustainability of the process. Investment, training and sharing expertise could be covered from outside sources. He made clear that the Commission couldn’t fund projects, which are not sustainable. Secondly, lack of efficiency: the member states are not using the Center as much as they are supposed to do. Obviously they prefer bilateral relations. He concluded with the remark that the integration perspective could be an incentive for member states to consider improvement of the Center.

This agenda item also saw Mihai Ungureanu, SECI Vienna, congratulating the new Chair and expressing gratitude to Mrs. Konevska for her role in setting up the SPOC Secretariat in Bucharest. He reported that relation between SECI Vienna, the SECI Center, the SPOC Secretariat and the WT III in Brussels are very good. In response to Mr. Lapprand’s intervention, he emphasized the JCC’s decision in Budapest to take into consideration the recommendations expressed by the assessment report and to take the necessary steps for their implementation. He concluded that there is a positive political position expressed by the SECI member states.

Mr. Mogens Lundh, Europol, expressed interest in the findings of the assessment report. He said that Europol is also interested in cooperating with the SECI Center. In this respect there are certain requirements to be met, but there is also room for flexibility. Regarding funding, it should be up to the member states to finance their activities. Donor support could focus on training, providing expertise, etc.

Mrs. Andreea Popescu reported on behalf of the Analytical Team of the SEECP, following the adoption in May 2004 of the Bucharest Statement by the SEECP Ministers of JHA on the full use of existing co-ordination mechanisms at national and regional levels for the fight against organized crime and corruption; the report of the first meeting of the Consultative Group; the Progress Report of the SEECP Committee of Political Directors and the Resolution of the Tirana Meeting of WB Ministers of Justice. The follow-up mechanism involves the Consultative Group, the SEECP troika system and an Analytical Team. Greece already hinted to continue this process. The Consultative Group’s reports to the Committee of Political Directors, the SEECP JHA ministers Conference and the SEECP CiO. It evaluates the present situation in SEE countries on fighting organized crime, identifies gaps and solutions and proposes plans of action. The short-term goal is to issue a report on the existing situation at the JHA ministerial in Brussels. The SEECP Matrix aims to illustrate JHA relevant legislation, to provide a monitoring mechanism and an assessment mechanism of the legislative and institutional framework on four levels of analysis. The relationship with other initiatives is based on the following principles: regional ownership, need for coordination, avoiding duplication of efforts, strict conformity with EU priorities. Cooperation with SPOC and SPAI: Mrs. Popescu reported that it was agreed at the last Consultative Group meeting that SPOC and SPAI would be invited to to accept as a working method the criteria for reporting and the methodology employed by the SEECP matrix, while being encouraged to continue their work of overviewing the implementation of the Palermo and Merida Conventions. For instance: members of the Analytical Team could cooperate with SPOC and SPAI in field visits, attracting funding for projects and drafting training programs for all SEECP participating countries. She finished by pointing out that the recent JCC meeting in Budapest on 28 October adopted a resolution. The JCC decided to take the assessment recommendations into consideration and to take the necessary steps regarding implementation.

A round of short reports by SEE states followed Mrs. Popescu’s presentation on current efforts to fight organized crime.

Mr. Wolfgang Gerstl acquainted the board members with the main findings and recommendations of a group of states called Friends of the Presidency. This group drafted a report on concrete measures to be taken to effectively enhance the fight against organised crime originating from the Western Balkans. Mr. Gerstl described shortly the mandate and the working methods of this group and presented some general remarks on the situation in the Western Balkans. He said that corruption and organised crime are having a detrimental impact on the regional development, stability and security. There are also links between organized criminal groups and extremist/terrorist activities. Organized crime is also linked with unemployment, black economy and infiltrated political structures.
The report contains the following key findings: There exists a lack of formal agreements with potential partners and domestic deficiencies at the national level. Consequently, the scope for regional and international cooperation and coordination is limited. The wide range of EU mechanisms and tools offer a tremendous potential to fight organised crime. However, serious weaknesses exist as to how these tools are used, both individually and collectively.
The situation can be summarised as follows: Crucial criminal information and intelligence is available from domestic agencies. However, it is not being exchanged effectively. Organized crime issues often seem to be of less priority. There is a lack of an overarching EU-strategy. The EU’s approach is uncoordinated and compartmentalised. Mr. Gerstl provided a critical analysis of the EU instruments, the national and regional instruments, as well as the engagement of the international stakeholders and their competitive situation. He summarized the report’s recommendations and believes that the 3 December Balkan Forum JHA ministerial meeting would decide on concrete measures to fight organized crime.

Mrs. Elena Dinu reported on the work of the SEE Prosecutors Advisory Group (SEEPAG). The purpose for creating SEEPAG is to strengthen regional cooperation in SEE to jointly fight against transfrontier organized crime. It is intended that a system of Prosecutorial National Focal Points is going to be established. It will serve as a channel of communication through which exchange of information, joint operations and efficient judicial assistance may be realized. SEEPAG intends to make full use of all bilateral, regional and international agreements on criminal matters. A process of compiling the relevant legislation was initiated. Mrs. Dinu expressed the opinion that SEEPAG should develop as an operational structure working closely with the SECI Center during investigations. The documents regarding the setting up and functioning of SEEPAG shall be adopted at the next meeting of SEEPAG members.

Mrs. Livia Stoica-Becht provided an overview on the status of implementation of the CARDS Project on "Development of Reliable and Functioning Policing Systems and Enhancing of Combating Main Criminal Activities and Police Cooperation" (CARPO) by the Council of Europe. She presented in detail the status of implementation of the joint project, as well as the links with the CARDS Justice project and other on-going initiatives. This project started in March 2004 and is currently being implemented in Albania, Bosnia and Herzegovina, Croatia, Serbia and Montenegro and "The former Yugoslav Republic of Macedonia". Since the beginning of the project, over 30 activities were organised regarding the elaboration of an analysis of the economic and organised crime situation in South-eastern Europe, the capacities for financial investigations aimed at the confiscation of proceeds from crime, the use of special investigative means and intelligence in accordance with human rights standards, the creation of effective mechanisms to protect witnesses of serious crime, co-operation in criminal matters among the countries of South-eastern Europe and training capacities related to trafficking in human beings, smuggling and illegal migration. All these activities are expected to lead to the development of a regional strategy against economic and organised crime based on the acquis of the European Union and European standards and practices. Furthermore, the SPOC Chairman was invited to attend the next CARPO Advisory Board Meeting which will be held in Strasbourg on 13 December 2004.

Mr. Vittorio Borghini reported on the Central European Initiative’s/Adriatic – Ioninian Initiative’s Joint Training Programme designed for Police Forces of countries participating in the initiative. As Italian Member of the Working Group on Combating Organised Crime of the Central European Initiative, Mr. Borghini took the opportunity to remind the Board that CEI has funds which enable the organisation to co-finance projects related to Combating Organised Crime issues. In the light of concrete and fruitful cooperation with the Stability Pact, CEI will be always pleased to welcome project proposals from SPOC, Police Forum and CEI member countries concerning areas of common goals and activities. Since the development of concrete projects is one of the main objectives of CEI activities, two projects that CEI will co-finance with the Italian Ministry of Interior were presented. Facilitation of co-funding through the Stability Pact and SECI Center would be welcomed. The projects approved by the CEI Committee of National Co-ordinators are the following:

“Techniques of counteracting the international traffic in stolen motor vehicles”, Police Training Centre in Cesena, Italy, 21st to 25th of February, Ref. No.1202.0101-04 ITA; and "Border controls: fighting illegal immigration and illicit borders’ traffics", Border Police Training Centre in Duino (TS), Italy, 7th to 11th February, Ref. No.1202.0102-04 ITA.

In his up-date on the United Nations Convention against Transborder Crime (Palermo TOC), Mr. Sebastian von Münchow repeated that the TOC presents a cornerstone in the fight against transnational organized crime. The regional implementation – once entirely in place - would provide the right mechanism to fight against members of organized criminal groups more effectively. He explained that SPOC lawyers monitor reforms, improvements and obstacles since late 2003. A four-page matrix, which illustrates the status of TOC implementation in the Balkans, was developed. It provides an overview of existing legislation and an individual case-by-case analysis of various institutions, which were established to prevent/combat organized crime, plus other enforcement issues/mechanisms. Mr von Münchow explained that the speed of legislative harmonization differs from country to country. However, this methodology might have assisted local authorities to address needs and gaps and indirectly encouraged necessary legislative changes. With the exception of Moldova the entire region ratified the TOC.

In his closing remarks, the SPOC Board Chairman thanked the presenters for their interesting and most important contributions. He said that this board meeting was very important for stock taking regarding activities to fight organized crime in SEE. He promised to invite for the next SPOC Board session in early 2005. On that occasion, he intends to present a paper outlining the work priorities for the year 2005. He finished by stressing the following three priorities for 2005: Supporting the SECI Center – EU rapprochement, strengthening the SPOC Secretariat to become a focal point for project facilitation and implementing the Police Cooperation Convention for SEE.