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MEMO/05/272

Brussels, 29 July 2005

Commission Activities in the Fight against Terrorism

I. PAST (SINCE 2004) AND FUTURE (2ND SEMESTER 2005) COMMISSION ACTIVITIES IN THE FIGHT AGAINST TERRORISM

A) PREVENTION, PREPARDNESS AND RESPONSE TO TERRORIST ATTACKS

Achieved

Communications

  • Communication on ensuring greater security of explosives, detonators, bomb-making equipment and fire-arms (July 2005)
  • Communication on improving Community Civil Protection Mechanism (Apr 2005)
  • Communication on prevention, preparedness and response to terrorist attacks (Oct 2004)
  • Communication on Critical Infrastructure Protection in the fight against terrorism (Oct 2004)
  • Communication on preparedness and consequence management in the fight against terrorism (Oct 2004)

Adopted legislation

  • Council Framework Decision of 24.02.2005 on Attacks against Information Systems
  • Regulation n° 68/2004 of 15 January 2004 amending Regulation (EC) n° 622/2003 laying down measures for the implementation of the common basic standards on aviation security
  • Commission Regulation (EC) n° 781/2005 of 25 May 2005 amending Regulation (EC) n° 622/2003 laying down measures for the implementation of the common basic standards on aviation security
  • Commission Regulation (EC) N°857/2005 of 6 June 2005 amending Regulation (EC) n° 622/2003 laying down measures for the implementation of the common basic standards on aviation security
  • Commission Regulation (EC) n° 1138/2004 of 21 June 2004 establishing a common definition of critical parts of security restricted areas at airports
  • Council Directive 2004/82/EC of 29 April 2004 on the obligation of carriers to communicate passenger data
  • Commission Regulation (EURATOM) 302/2005 of 8.2.2005 on the application of EURATOM safeguards

Proposed legislation

  • Communication from the Commission to the Council and the European Parliament establishing a framework programme on “Security and Safeguarding Liberties” for the period 2007-2013”: Proposal for a Council decision establishing the specific programme “Prevention, Preparedness and Consequence Management of Terrorism” for the period 2007-2013 [COM(2005)124 of 6 April 2005 – part of the financial perspectives package]
  • Proposal for a regulation establishing a rapid response and preparedness instrument for major emergencies [COM(2005)113]
  • Proposal for a directive on enhancing port security [COM(2004) 76 of 10 February 2004]
  • Proposal for a Council Directive on the supervision and control of shipments of radioactive waste and spent fuel

To Do

Communication

  • Communication addressing radicalisation and recruitment of terrorists
  • Communication on European Programme for Critical Infrastructure Protection (EPCIP)
  • Communication on security measures in various transport modes including their financing

Commission Decisions

  • Commission financing decision – Pilot Project ‘Fight against terrorism’
  • Financial decision on a pilot project terrorism aiming at inter-linkage of Commission crisis management structures and Member States’ relevant law enforcement agencies
  • Commission decision creating a secure general rapid alert system (ARGUS) and a Commission Crisis Centre
  • Commission decision for adoption of the IAEA Convention on early notification of a nuclear accident by the European Atomic Energy Community
  • Commission Decision for adoption of the IAEA Convention on Assistance in the case of a nuclear Accident or radiological emergency by the European Atomic Energy Community

Proposed legislation

  • Proposal for a directive on security in the intermodal transportation chain (transportation of goods)

Report

  • EU profile on counter-terrorism for CODEXTER – an ad hoc Committee of Experts on Terrorism in the Council of Europe (jointly with the Council)

B) VICTIMS OF TERRORISM

Achieved

  • A memorial report dedicated to the victims of terrorism (Feb 2005)
  • A pilot project approved by the EP, allowing the Commission to spend 2M€ on projects aimed at improving the situation of victims of terrorism
  • Council directive 2004/80/EC of 29 April 2004 relating to compensation to crime victims

C) FIGHT AGAINST FINANCING OF TERRORISM

Achieved

Communication

  • Communication on the prevention of and the fight against terrorist financing (Oct 2004)
  • EU strategy on the fight against terrorist financing

Adopted legislation

  • Regulation on controls on cash entering or leaving the Community
  • Council directive on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (also known as the Third Money Laundering Directive), adopted by ECOFIN Council.

Proposed legislation

  • Proposal for a regulation on information on the payer accompanying transfers of funds

Other

  • Project to design common minimum financial investigation training standards in EU
  • The Commission, in partnership with the four European credit sector federations established an electronic database containing all relevant data concerning persons, groups and entities which are subject to European Union financial sanctions
  • Completion of a scoping study on the capacity of EU institutions and legal instruments to respond to the problem of aliases/front organisations and to apply sanctions against leaders of terrorist organisations

To Do

Communication

  • Commission Communication setting out (i) Code of Conduct to prevent misuse of charities by terrorists and (ii) recommendations for enhanced national coordination and information exchange structures on terrorist financing

Proposed legislation

  • Proposal on improvement and simplification of checks on the flow of goods (related to customs cooperation measures to improve the security of the supply chain)

- Commission proposal for a directive on payment services

Reports

  • A follow-up report on implementation of the framework decision on money laundering, the identification, tracing, freezing and confiscation of instrumentalities and the proceeds of crime
  • A report assessing best practice in the fight against terrorist financing

D) POLICE MATTERS, DATA AND INFORMATION EXCHANGE

Achieved

Communication

  • Communication: Towards enhancing access to information by law enforcement agencies (Jun 2004)

Adopted legislation

  • Council Common Position 2005/69/JHA of 21.01.2005 on exchanging certain data with Interpol

Proposed legislation

  • Proposal for a Council decision on the improvement of police cooperation between the Member States of the EU, especially at internal borders, and amending the Convention implementing the Schengen agreement
  • Proposal for a Council Decision establishing the European Police College (CEPOL)

Proposal for a Council Decision on the exchange of information and cooperation concerning terrorist offences Reports

  • Report from the Commission on the legal transposition of Council Decision of 28 February 2002 setting up Eurojust, with a view to reinforcing the fight against serious crime

Other

  • Europol/Eurojust Agreement
  • Setting up of the Counter-Terrorism Task Force (Europol)
  • Establishments of links between SitCen and Europol
  • All MS have designated their Eurojust national correspondent for terrorist matters
  • Launch of the implementation of the Europol Information System

To Do

Proposed legislation

  • Proposal on the principle of availability and on the inter-connection of databases
  • Proposal on the processing and protection of personal data in the third pillar
  • Proposal for a Council decision on mutual consultations of DNA databases
  • Proposal on better links between police and intelligence services and also on the establishment of a focal point for listed terrorist organisations in the security services
  • Proposal on a European policy for the use of passenger name records (PNR)
  • Proposal for a directive on the use of Passenger Name Records (PNR) for law enforcement purposes
  • Proposal for a directive on the retention of communication traffic data
  • Proposal for a Council decision on access to the Visa Information System by authorities competent for internal security matters

E) JUDICIAL AND CRIMINAL MATTERS

Achieved

  • White Paper on exchanges of information on convictions and the effect of such convictions in the European Union (January 2005)

Proposed legislation

  • Proposal for a framework decision on the fight against organised crime [COM (2005)6 of 19.01.2005] to replace joint action 1998/733/JHA
  • Proposal for a Council decision on the exchange of information extracted from the criminal record [COM(2004)664 of 13.10.2004]
  • Proposal for a Council framework decision on taking account of convictions in the Member States of the European Union in the course of new criminal proceedings [COM(2005)91 of 17.03.2005]

To Do

  • Communication on the feasibility of an index of non EU nationals convicted in an EU Member State
  • Proposal for a framework decision on the organisation and content of exchange of information from criminal records between the Member States

Report

  • A follow-up report on the decision establishing Eurojust
  • A revised report on the European arrest warrant

F) BORDERS

Achieved

Adopted legislation

  • Council Regulation (EC) n° 2007/2004 of 26 October 2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union
  • Council regulation on the introduction of new functions for the Schengen Information System
  • Council decision of 8 June 2004 establishing the Visa Information System (VIS)

Proposed legislation

  • Proposal for a regulation concerning Visa Information System and the exchange of data between Member States on short-stay visas
  • Proposal for a Council decision on the establishment, operation and use of the second generation Schengen Information System (SIS II)
  • Proposal for a regulation on the establishment, operation and use of the second generation Schengen Information System (SIS II)
  • Proposal for a Regulation regarding access to the Second Generation Schengen Information System (SIS II) by the services in the Member States responsible for issuing vehicle registration certificates

To Do

Communication

- Communication on enhanced interaction between VIS, SISII and EURODAC

G) SECURITY RESEARCH

The Commission has launched new research initiatives to improve the security of EU citizens. Security makes a timely entry into the list of research themes to be undertaken swiftly, in order to respond to highly societal demand in the face of new security challenges. For more details see MEMO/05/116.

Activities

  • Protection against terrorism and crime: delivering technology solutions for threat (e.g. CBRN) awareness, detection, prevention, identification, protection, neutralisation and containment of effects of terrorist attacks and organised crime.
  • Security of infrastructures and utilities: analysing and securing existing and future public and private critical/networked infrastructure (e.g. in transport, energy, ICT), systems and services (including financial and administrative services).
  • Border security: focusing on technologies and capabilities to enhance the effectiveness and efficiency of all systems, equipment, tools and processes required for improving the security of Europe’s land and coastal borders, including border control and surveillance issues.
  • Restoring security in case of crisis: focusing on technologies in support of diverse emergency management operations (such as civil protection, humanitarian and rescue tasks, support to CFSP), and on issues such as inter-organisational co-ordination and communication, distributed architectures and human factors.

Achieved

  • Commission proposal to increase funding for security research projects from 2007. The Commission proposed a common budget allocation of € 500 Mio per year.
  • The preparatory action in the field of security research (2004-2006) has been launched
  • Inventory and analysis of on-going research activities in the field of biological and chemical terrorism and identification of gaps and needs in scientific knowledge and research priorities which contribute to define annual research work programmes and priorities (updated 2005)
  • Selection Funding of five projects (Scientific Support to Policies) in the area of biological and chemical terrorism within the scope of the 6th Framework Programme for Research (2002-2006)

To Do

  • Launch of three further Scientific Support to Policies projects in the area of biological and chemical terrorism in the second half of 2005

II. CALL ON THE COUNCIL TO DELIVER

  • To adopt the framework decision on European Evidence Warrant by the end of 2005, as envisaged by the Hague Programme

III. CALL ON MEMBER STATES:

A) To allow adoption of instruments on which political agreement has been reached but which are subject to a parliamentary reserve

  • Proposal for a Council framework decision on the application of mutual recognition to confiscation orders (parliamentary reserve by one MS; political agreement reached 6 June 2004)
  • Proposal for a Council decision on the exchange of information and co-operation concerning terrorist offences (reserves by four MS)
  • Proposal for a Council decision on the exchange of information extracted from the criminal record (political agreement in February 2005; reserve by one MS)

B) To ratify

  • All UN conventions and protocols addressing terrorism
  • The protocol of November 2002 allowing Europol to be associated with investigation teams and to ask in certain cases for the opening or coordination of an investigation (5 states to ratify)
  • The protocol of 27 November 2003 modifying the Europol convention in a number of domains (10 states to ratify)
  • The Convention on mutual assistance in criminal matters between the Member States of the EU of 29 May 2000 and the Protocol of 16 October 2001 to this Convention.

C) To transpose or to correct errors in transposition of acts, deadlines of which have expired

  • o ensure that the Framework Decision of 13 June 2002 on the European Arrest Warrant and the surrender procedures between Member States is transposed correctly, notably on the basis of the Commission report based on Article 34 of this Council Framework Decision (COM (2005)63 of 23.02.2005), and to inform the Commission and the General Secretariat of the Council accordingly by March 2006, following the conclusions of the JHA Council of 2.06.2005.
  • To ensure that the Council Framework Decision of 13 June 2002 on joint investigation teams is transposed and to correct errors in transposition.
  • To implement and correct implementation of framework decisions outlined in the Action Plan on Terrorism (e.g., the Framework Decision on Combating Terrorism – 6 MS to provide information; 2 MS to provide texts of legislation)
  • To implement the Framework Decision on Money Laundering (2001/500/JHA of 26 June 2001), to take account of the first Commission report of 5 April 2004 and to inform the Commission and Council Secretariat General accordingly before the end of July 2005
  • To inform regularly the Commission and the Council Secretariat General about implementation of the Framework Decisions outlined in the Action Plan on Terrorism
  • To provide the Commission with texts of legislation in respect to the Framework Decisions outlined in the Action Plan on Terrorism

D) To accelerate transposition of measures, although the deadlines have not expired yet

  • To implement the framework decision on the “extended confiscation” before 15.3.07
  • To implement Community Customs Code
  • To respect the deadline to implement the framework decision on the execution in the European Union of orders freezing property and evidence by 2nd August

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