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 addressing radicalisation and recruitment of terrorists (September 2005);

 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)

 Commission decisions

 Commission financing decision - Pilot Project ‘Fight against terrorism (September 2005)

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]

Report

 Report on the implementation of the Framework decision on combating terrorism (adopted by the Commission on 8.6.2004)

To Do

Communication

 Communication on European Programme for Critical Infrastructure Protection (EPCIP)

 Communication on security measures in various transport modes including their financing

Commission Decisions

 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 Council directive on the supervision and control of shipments of radioactive waste and spent fuel

 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

 Directive of the European Parliament and of the Council 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)

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

 Commission proposal for a directive on payment services in the Internal Market

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

 Council Decision establishing the European Police College (CEPOL)

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 imposing on Member States specific obligations on the supply of information on terrorist organisations to Europol and Eurojust

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

 Report on the implementation of the Framework decision on Joint Investigation Teams (adopted by the Commission on 7.1.2005)

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 protection of personal data in the third pillar

 Proposal for a Council decision on mutual consultations of DNA databases

 Proposal on the implementation of specific measures for the transmission of information concerning and resulting from the activities of security and intelligence services with respect to terrorist offences

 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 n° 2004/512/EC of 8 June 2004 establishing the Visa Information System (VIS)

 Regulation (EC) n° 648/2005 of European Parliament and of the Council of 13 April 2005 amending Council Regulation (EEC) No 2913/92 establishing the Community Customs Code

 Proposed legislation

Proposal for a Regulation of the European Parliament and of the Council concerning the Visa Information System (VIS) 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

 Proposal for a regulation laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code. The recently published preliminary draft proposal aims at defining the necessary amendments that must be made to Commission Regulation (EEC) No 2454/93, consequent to the amendments made to Council Regulation 92/2913 (EEC), by Regulation (EC) 648/2005 of the European Parliament and Council, OJ L 117, 04.05.2005, p.13. The deadline for response to the open consultation related to the above mentioned proposal was 16th September 2005.

 To Do

Communication

 -Communication from the Commission on improved effectiveness, enhanced interoperability and synergies among European databases in the area of Justice and Home Affairs

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.

 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 security research projects according to the 2nd and 3rd call for tender in the next months to come. (Scientific Support to Policies) 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, 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

 To 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 accelerate the discussion at the Customs Code Committee on the draft implementing provisions to Community Customs Code measures improving security at external borders (see Regulation (EC) n° 648/2005 of 13 April 2005; so called «Security Amendments»)

 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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MEMO-05-332 EN