Retsudvalget 2004-05 (1. samling)
REU Alm.del Bilag 220
Offentligt
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UDENRIGSMINISTERIET
Retsudvalget
REU alm. del - Bilag 220
EUU Det Europæiske Råd 16-17/12-04 —
Bilag 8, Offentlig
Asiatisk Plads 2
DK-1448 København K
Tel. +45 33 92 00 00
Fax +45 32 54 05 33
E-mail: [email protected]
Telex 31292 ETR DK
Telegr. adr. Etrangeres
Girokonto 300-1806
Medlemmerne af Folketingets Europaudvalg
og deres stedfortrædere.
Bilag
Journalnummer
i
400.C2-0
EUK
15.
december
2004
Til underretning for Folketingets Europaudvalg vedlægges i forbindelse
med Det Europiske Råd i Bruxelles den 16.-17. december 2004 EU's
handlingsplan for terrorbekæmpelse,
16090/04.
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COUNCIL OF
THE EUROPEAN UNION
Brussels, 14 December 2004
16090/04
LIMITE
JAI 567
ECOFIN 425
TRANS 393
RELEX 656
ECO 203
PESC 1165
COTER 92
COSDP 820
PROCIV 183
ENER 271
ATO 157
NOTE
from :
to :
Subject :
Presidency
European Council
rrorism - Update
EU Plan of Action on Combating Te
I. Introduction
n Plan on Terrorism
its meeting on 17 and 18 June the Actio
d in
The European Council welcome
tstanding commitments within the
tions and Member States to fulfil ou
and urged the institu
n twice a year, beginning at its
stated that it would review the Action Pla
deadlines established. It
December 2004 meeting.
se cooperation with the
t review, drafted by the Presidency in clo
This document presents this firs
this Cover note, an
d the Commission. It consists of three parts:
Counter Terrorism Coordinator an
n and an annex showing an overview of
, containing all the actions of the Action Pla
updated matrix
fight against terrorism as well as
n by Member States of EU-legislation in the
the implementatio
ratification of the relevant UN-Conven
tions.
16090/04
GdK/kve
DG H
1
EN
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JILIG G ill J 1
seven strategic objectives
The European Council Declaration of 25 March 2004 set out the following
for the EU's Action Plan against terrorism:
to combat terrorism;
1. To deepen the international consensus and enhance international efforts
s;
2. To reduce the access of terrorists to financial and economic resource
ct, investigate and
3. To maximise the capacity within EU bodies and Member States to dete
prosecute terrorists and to prevent terrorist attacks;
tive systems of border
4. To protect the security of international transport and ensure effec
ber States to deal with the
5. To enhance the capability of the European Union and of mem
consequences of a terrorist attack;
recruitment into, terrorism;
To address the factors which contribute to support for, and
6.
rity Third Countries where
7. To target actions under EU external relations towards prio
rism needs to be enhanced.
counter-terrorist capacity or commitment to combating terro
of them were accompanied by
actions were attached to these strategic objectives. Many
About 150
re or specified in more general terms (`as
specified deadlines. Other actions are of an on-going natu
be undertaken by different EU-bodies (Council,
soon as possible' or `without delay'). Action should
to this review of the Action Plan, shows
Commission) or by Member States. The Matrix, attached
reports in more general terms on the work
progress for every specified action.— This Cover note
the
the Council.
carried out during the Netherlands Presidency of
II. Progress report
in detail the state of play. The
achieved on all objectives. The annex shows more
Progress has been
rity and justice in the European Union, endorsed
Hague Programme on strengthening freedom, secu
because it emphasises the fight against
the European Council of 5 November, is also relevant
by
rmation, which may help to
introduces inter alfa the principle of availability of info
terrorism and
November 2004 of the
terrorism. Also worth mentioning is the adoption on 22
fight cross border
fight against terrorism.
conceptual framework on the ESDP dimension of the
control;
GREFFE
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The European Council of June 2004 requested, besides this review of the Action Plan, separate
reporting to the European Council on specific topics:
integration within the Council Secretariat of an intelligence capacity,
a coherent overall approach for further strengthening of the fight against terrorist financing,
preventing and coping with the consequences of a terrorist attack, enhancing cooperation on civil
protection and the protection of critical infrastructures
integrating the fight against terrorism into EU external relations policy.
Although the progress per action is mentioned in the annex, a more general overview on
achievements regarding the strategic objectives is provided below.
Deepen the international consensus and enhance international efforts to combat terrorism
In line with its support to effective multilateralism, the EU and its Member States have given high
priority to supporting the key role of the United Nations in the fight against terrorism. EU-internal
activities focus on the ratification and/or implementation of the counter terrorism related UNSC
resolutions and UN conventions. On the whole, most EU Member states have signed, ratified and
implemented the relevant UN instruments. There remains, however, a few gaps and it is important
for the EU's credibility and efficiency that they be closed quickly.
In its dialogue with third countries the EU continued to raise the importance of adhering to and
effectively implementing the various UN anti-terrorism instruments. The EU continued to provide
assistance to those countries that are willing to implement their UN obligations, but lack the
capabilities to do so. The EU worked closely with a number of EU external partners, as well as
regional and sub-regional organisations and in the context of the Euromed dialogue to ensure a
coordinated approach in the fight against terrorism. The EU continued to give high priority to
cooperation with the US, which was intensified in accordance with the 2004 EU-US Declaration on
Combating Terrorism, in particular in the field of countering terrorist financing through the first ad
hoc informal EU-US troika on the prevention of terrorist financing which included all three pillars.
At the EU-US ministerial JHA meetings on counter terrorism more specific issues were discussed
such as the sharing of information, data protection and co-operation between the US and Europol and
Eurojust.
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ar
D 1
urces
Reduce the access of terrorists to financial and other economic reso
on the basis of proposals by the
On overall strategy against financing of terrorism has been drafted
organised by the Dutch
SG/HR and the Commission as well as the outcome of seminars in this field
Presidency on the prevention of the financing of terrorism.
ement of funds by terrorists, the
With a view to improving the traceability and transparency of mov
e aimed at preventing of the use of
Council agreed on a general approach on a proposal for a Directiv
financing. This proposal
the financial system for the purpose of money laundering or terrorist
ch could be related to terrorist
extends the scope of reporting obligations also to transactions whi
g via individuals who carry cash
financing. Furthermore, the moving of funds for terrorist financin
lation on controls of cash entering or
has been addressed through a Commission proposal for a regu
on this regulation.
leaving the Community. Political agreement has been reached
ctive implementation of restrictive
Presidency has presented a EU Best Practices paper on effe
The
measures targeting terrorist persons, groups or entities.
implementation of financial sanctions against
The recommendations in the paper aim to enhance the
of its sanctions regimes. The EU also
rist organisations in order to increase the effectiveness
terro
dinated approach reducing the
embarked on a process to identify the possibility of a coor
easing transparency. The Commission held
vulnerabilities of the non-profit sector with a view to incr
help take this work forward and
a workshop with public and private sector stakeholders to
ramme regarding this issue as soon as
unced its intention to prepare a report on a EU action prog
anno
possible.
ber States to detect, investigate and
Maximise the capacity within EU bodies and Mem
prosecute terrorists and to prevent terrorist attacks
has been developed. Progress in the
A broad legislative framework for combating terrorism
e decisions has taken place, as can be seen in
lementation by Member States of different legislativ
imp
exchange of information between
Other legislative proposals regarding e.g. enhanced
the annex.
Police Chiefs Task Force
under discussion. The capacity of Europol, Eurojust and
Member States are
improved. Operational co-operation and
to contribute to the fight against terrorism has been
of ways.
information exchange has been improved in a number
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An interim-report containing recommendations of measures to be taken by Member States, based on
an extensive peer evaluation of the anti-terrorism systems in the 15 old Member States has been
accepted by the Council. The role of SitCen was enhanced to provide more strategic assessments
outside and within the European Union. The secure information system between services of all the
Member States (BDL) is now in place and functioning. Work on SIS is progressing.
Measures have been taken to facilitate the exchange of information from judicial registers. Progress
has been made on the European Evidence Warrant. Discussions have started on proposals regarding
the retention of telecommunications data and the exchange of information between law enforcement
agencies.
Protect the security of international transport and ensure effective systems of border control
The Regulation establishing the European Border Agency has been adopted allowing for the launch
of its activities by the 1st of May 2005.
The Council has agreed to introduce biometric features in passports: mandatory inclusion of a facial
image and two fmgerprints within 18 resp. 36 months after the adoption of the Regulation.
Furthermore, work on the technical specifications for the incorporation of biometrics in visas and
residence permits has been taken forward in order for the swift adoption of these measures. Member
States have agreed to exchange information on lost and stolen passports with Interpol.
Enhance the capability of the European Union and of Member States to deal with the
consequences of a terrorist attack
rk of
The Council adopted conclusions on strengthening the civil protection capacity in the framewo
sion, the
the Civil Protection Mechanism, also with regard to terrorism. Together with the Commis
Council also adopted a Solidarity programme on the consequences of terrorist threats and attacks,
ence-
that aims at improving the protection of critical infrastructures, the preparedness of consequ
management resources and the management of crises with cross-border effects within the EU.
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L'll1G V al
J I
an overall approach on prevention,
For its part, the Commission presented three communications for
g critical infrastructures, in reaction
preparedness and response to terrorist attacks, also encompassin
mission updated its database of
to which Council conclusions have been adopted. Finally, the Com
bilities that the Member States
civil protection means and experts and made a first report on the capa
are willing to make available to each other in case of a terrorist attack.
ent into, terrorism;
To address the factors which contribute to support for, and recruitm
ation and recruitment needs a
In the third pillar context, it was recognised that countering radicalis
from the Counter Terrorist Group
joint strategy of police and security services. To that end experts
As a result a comprehensive approach to
(CTG) and Police Chiefs Task Force met for the first time.
' activities was described. On the
radicalisation and recruitment for police and security services
ture the process of intelligence
Member State level, recommendations were made to better struc
d, the importance of further work on
gathering. As far as cross-border EU co-operation is concerne
idencies are committed to further
re
the subject of Europol and the CTG was announced. Futu pres
develop the counter-strategies.
external relations under the Dutch
The topic of recruitment has been mainstreamed in EU's
me a fixed part of EU threat assessments
Presidency. An analysis on recruitment-processes will beco
ogue with several third countries where
on priority countries and regions. In its political dial
nce information exchanges on recruitment
recruitment is an issue, the EU signalled the need to enha
external assistance programmes
process. Also, awareness has been raised on how EU's
uitment to terrorism. A
and Member States) can address factors that contribute to recr
(Commission
within and outside the EU has been
cross-pillar report on recruitment and radicalisation both
long-term strategy on recruitment.
nalised and forms an important building block for the
fi
s towards priority Third Countries where
To target actions under EU external relation
bating terrorism needs to be enhanced.
counter-terrorist capacity or commitment to com
external policy instruments are better used
EU has launched several initiatives to ensure that its
The
le working groups to focus on
against terrorism. The role of SitCen was enhanced to enab
in the fight
on counter terrorism for political dialogue were
the development of policy. Tailor made messages
counter terrorism technical assistance to third
drawn up and the EU stepped up its efforts to provide
first group of priority countries.
tries . These efforts have been especially targeted to a
coun
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Together with EU's Counter Terrorism Coordinator and the Commission the Dutch Presidency
launched consultations with these countries on how to intensify counter terrorism cooperation on
three fronts: (1) political dialogue (2) information exchange and (3) technical assistance. At the
same time, in order to ensure effective future action in these priority countries, EU Member States
and the Commission have agreed to enhance information exchange on existing counter terrorism
related technical assistance programmes in these countries. Special attention has been paid to
political dialogue with selected third countries and regional organisations on terrorist financing.
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EU Plan of Action on Combating Terrorism
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Revised Action Plan on Terrorism
No.
Measure/Action
Competent Body
Deadlines
Status/Observations
Objective 1: To deepen the international consensus and enhance
international efforts to combat terrorism.
1.1
Support the key role of the
United Nations in
sustaining the international
consensus and mobilizing
the international
community as a whole, in
particular the General
Assembly and the work of
the Security Council, inter
aha, through its Counter-
Terrorism Committee and
the Taliban/Al Queda
Sanctions Committee, as
well as the Terrorism
Prevention Branch of the
UN Office of Drugs and
Crime
Establish and develop
contacts between the CFSP
Working Group on
Terrorism and the Counter-
Terrorism Committee
Presidency/HR and EU
Coordinator/
Commission
Ongoing
Ongoing discussion within the
Council on possibilities for
improving co-ordination
mechanisms between the EU and
the UN.
Coordination with the Working
Group established under UNSCR
1566 should be also considered.
The SG/HR in association with the
Presidency suggests concrete steps
to enhance cooperation inter alia
with the UN and other international,
regional and sub-regional
organisations in the document on
Integrating the fight against
terrorism into EU external relations
policy, submitted to the European
Council of December 2004.
The EU Coordinator met the
Executive Director of the Counter-
Terrorism Executive Directorate
(CTED) in November. The
Executive Director of CTED also
addressed COTER. Further contacts
will now be pursued with the focus
on enhancing the efficiency of the
relationships.
The head of the 1267 monitoring
group participated in the seminar on
terrorism financing in Brussels in
September. Contacts continue in
New York
Discussed with the Executive
Director of CTED in November
2004. While actively supporting the
UN and its CTED, COTER will
continue to address the effective
way forward for an increased
interaction between the EU and the
UN in the fight against terrorism.
COTER agreed to invite regularly
the Executive Director of the UN
(-1 ,D for an exchange of views.
(i). The EU Coordinator met
UNODC Legal Advisor in July. An
exchange of views between COTER
and UNODC took place in
September. UNODC is providing a
matrix on its technical assistance
programmes. Further contacts
should be pursued.
(ii) MS should inform the
Commission, the Council and other
MS of any support they are
providing to UNODC projects
The EU has raised the issue of
universal adherence to, and full
implementation of, the UN
Conventions and Protocols on
Terrorism in the political dialogue
1.1.1
COTER/PSC
Presidency, Co-ordinator,
Commission, MS
Ongoing
1.1.2
1.1.3
Establish and develop
contacts between the CFSP
Working Group on
Terrorism and the 1267
Committee
Share information on EU
priority countries, as
appropriate, with the relevant
Committees and/or their
structures for assisting in the
implementation of
commitments under UN
Security Council Resolutions
1267 and 1373
Identify ways to work in a
more coordinated way with
UNODC including
consideration of the signing
of a Memorandum of
Understanding between the
UNODC and the EU
COTER/PSC Presidency/
EU Coordinator/
Commission,/MS
Ongoing
EU Coordinator/MS/
Commission
End 2005
1.1.4
Council/MS/
Commission
Ongoing
1.2
Work to ensure universal
adherence to, and full
implementation of, existing
United Nations
Conventions on Terrorism,
All
Ongoing
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1.2.1
1.2.2
1.2.3
and to agree on the
Comprehensive UN
Convention on terrorism
and on the UN Convention
on Suppression of Acts of
Nuclear Terrorism
All Member States to ratify
12 International Conventions
against Terrorism and
continue to lobby for this in
third countries both
bilaterally and at EU level
Identify and demarche, on
the basis of agreed mandates,
Third Countries which are
failing to meet their
commitments under UNSCR
1373
Coordinated EU position on
reservations to Conventions
should be encouraged
Promote the adoption in the
UN of an International
Convention on the
Suppression of Acts of
Nuclear Terrorism
with several countries and
international, regional and sub-
regional organisations and will
continue to do so.
Not all Member States yet have a
full record on
ratification/implementation.
MS
1 Jan 2005
Council/HR/
EU Coordinator and
Commission
Ongoing
COTER to continue identify target
countries
COUNCIL/MS/
Commission
Ongoing
1.2.4
MS at UNGA and the 6th
Committee of the UNGA
Ongoing
1.2.5
Promote the adoption of
Comprehensive UN
Convention against
Terrorism
Work with and within
regional and international
organisations to ensure
their effective contribution
to combating terrorism in
accordance with UN
obligations
Support the Council of
Europe's work on combating
terrorism and in particular
support the CoE Committee
of Experts on Terrorism
(CODEXTER) in their work
on formulating an instrument
dealing with the prevention
of terrorism and covering
existing lacunae in
international law
Identify avenues for expert
exchanges between the CFSP
Working Group and
Regional and Sub-Regional
Organisations
MS at UNGA and the 6th
Committee of the UNGA
Ongoing
This issue is regularly discussed in
COTER and COJUR. Presidency
made demarches expressing the
EU's concern about reservations to
Conventions.
Discussions ongoing in New York.
The Presidency has undertaken
demarches to a number of third
countries to build consensus and
committed support for agreeing an
International Convention on the
Suppression of Acts of Nuclear
Terrorism amongst the Members of
the UN.
Progress on this draft remains
blocked at the UN on the issue of
the scope of the Convention. The
EU should agree a coordinated
strategy aimed at reaching
agreement.
1.3
All
Ongoing
1.3.1
MS/EU Coordinator/
Commission
Ongoing
CODEXTER has started discussing
an instrument on the prevention of
acts of terrorism that provides, inter
aha, for a criminalisation of public
provocation to commit acts of
terrorism and of recruitment and
training of terrorists. It is expected
that CODEXTER will complete its
work on the draft instrument by mid
March 2005.
The EU has developed its contacts
with a number of regional and sub-
regional organisations, notably
OSCE, ASEAN, AU and OAS. The
EU is considering the issue of
providing support to CT initiatives
of regional organisations (such as
the JCLEC and the AU centre for
the Study and Research on
Terrorism) as possible fora for
information exchange and
cooperation.
(i) Council, Commission and
Member States to develop proposals
for assistance to such organisations
1.3.2
COTER/PSC
Ongoing
1.3.3
Develop further Technical
Assistance projects aimed at
Counter-Terrorism capacity
Commission/MS/Council
Ongoing
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building for Regional and
Sub-Regional Organisations
1.3.4
Ratify the UN-Convention
against Transnational
organised crime and
Protocols thereto and lobby
for this in third countries
both bilaterally and at the EU
level
MS/Council
Ongoing
1.4
1.4.1
Strengthening further
cooperation with the US
and other parties in
countering the threat posed
by terrorism, building on
the solidarity and
cooperation enshrined in
the 2001 Plan of Action to
combat terrorism
Enhance counter terrorism
dialogue at political and
official level with the US
EU
Coordinator/Commission
Ongoing
(ii) MS to supply expertise and
funding to the maximum extent
possible
All Member States have signed the
Convention, 17 Member States have
ratified it. The European
Community has signed and
approved it.
All Member States and the
European Community have signed
the Protocol on Trafficking in
Persons, Especially Women and
Children, 13 Member States have
ratified it.
All Member States and the
European Community have signed
the Protocol against the Smuggling
of Migrants, 12 Member States have
ratified it.
18 Member States and the European
Community have signed the
Protocol on Firearms, 6 Member
States have ratified it.
Outstanding elements of the 2001
Plan of Action to Combat
Terrorism are included in this
Action Plan
All
Ongoing
An EU —US Declaration on
Combating Terrorism was adopted
at the June Summit. An informal
EU-US ad-hoc Troika meeting on
terrorist financing took place in
September. COTER Troika held
with the US in October. Ministerial
Troika with Secretary Ridge of
Homeland Security on I 8/09/04and
meeting of Ministers of Justice and
Home Affairs with Attorney
General Ashcroft on 29/09/04.
The EU Coordinator and the
Commission also met with key US
administration personnel.
The second meeting of the High
Level Policy Dialogue on Border
and Transport Security with the US
held in November.
1.4.2
Implement decisions
following the review of
COTER Troika criteria
COTER/PSC
Ongoing
COTER Troika criteria review
completed in June.
The SG/HR document on
integrating the fight against
terrorism into EU external relations
policy identifies additional concrete
steps to enhance effectiveness of
troika dialogues.
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No.
Measure/Action
Competent Body
Deadline
Status/Observations
2.1
Ensure the effectiveness of
EU asset freezing
procedures, including the
non-financial economic
resources, in accordance
with UN obligations and
the need to respect due
process and the rule of law
Objective 2: To reduce the access of terrorists to financial and
other economic resources
strategy
RELEX (in sanction
form)/COTER/Commission/EU
Coordinator
Ongoing
The new comprehensive
on combat against financing of
terrorism (14180/4/04) proposed
by the SG/HR and the Commission
puts forward proposals in this
regard.
Ongoing
See below
2.1.1
2.2
2.2.1
Mechanisms for
designation of terrorists
and asset freezing should
be kept under constant
review with a view to
improving their
effectiveness
Ratification and full
implementation of the 1999
UN Convention for the
Suppression of the
Financing of Terrorism and
to give increased effect to
the provisions of UNSCR
1373 directed to the freezing
of assets
Establish operational links
and improve cooperation
between relevant bodies to
facilitate enhanced
exchange of information
on terrorist financing
Establish specific
intelligence capacity in
relation to terrorist financing
within SitCen to inform the
work of relevant bodies
Increase cooperation
between national competent
authorities, Financial
Intelligence Units and
private financial institutions
to facilitate improved
exchange of information on
terrorist financing
MS
1 January 2005
Action also under Objective 1.2.1.
Encouragement needs to be
provided to the two MS who have
not yet ratified the 1999 UN
Convention for the Suppression of
the Financing of Terrorism
HR/SitCen
September
2004
Achieved
2.2.2
MS/EU Coordinator/
Private Sector
Ongoing
End 2005
The Commission proposal for a
Council Decision on the exchange
of information and cooperation
concerning terrorist offences
extends to information exchange
on all terrorist offences,
convictions and disqualifications,
including those connected with the
financing of terrorist acts. Among
other things it proposes that MS
must designate a specialised
service within the Police
responsible for collection and
dissemination of all relevant
information. (8200/04)
Member States shall ensure the full
implementation of the Council
Decision of 17 October 2000
concerning arrangements for
cooperation between financial
intelligence units of the Member
States in respect of exchanging
information
The FIU-NET project, co-financed
by the Commission, is designed to
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2.2.3
Establish an electronic list of
persons, groups and entities
in relation to which
restrictive measures apply
Commission/Private Sector
Progress to be
reported on by
end 2004
2.3
Develop and implement an
EU strategy on the
suppression of terrorist
financing, including the
regulation of charitable
organisations and
alternative remittance
systems
Tools for improving
traceability and
transparency of the
movement of funds by
terrorists, terrorist
organisations and those
who finance terrorism,
especially with respect to
transactions through the
informal banking sector
and via non-profit
organisations should be
developed
Identification of measures to
improve effectiveness and
efficiency of the mechanism
set up to freeze the assets of
terrorists and terrorist
organisations and to
identify the holders and true
beneficiaries of bank
accounts, irrespective of
their place of residence
Proposal for a Third Money
Laundering Directive, which
addresses terrorist financing,
requires MS to ensure that
credit and financial
institutions are able to
respond fully and rapidly to
enquiries from national
Financial Intelligence Units
or other authorities about
any business relationship
such institutions have or
have had with a specified
person
December 2004
and June 2005
establish a fully operational
computer network linking all MS
Financial Intelligence Units (FIUs)
for the processing and exchange of
financial information, including
intelligence suspected to be
associated with tenor financing.
Currently 16 MS have adhered.
According to the strategy against
terrorist financing, all MS should
be fully functioning members of
FIU.NET by end 2005
In June 2004, the European
Commission, in partnership with
the four European Credit Sector
Federations have established an
electronic database containing all
relevant data concerning persons,
groups and entities, subject to
European Union financial
sanctions
Strategy to be adopted by
European Council on 17
December. First report on
implementation due by June 2005.
2.3.1
Council/Commission/
EU Coordinator
Ongoing
Partly achieved during Irish
Presidency; continued by the
Netherlands Presidency. Further
revisions likely to be adopted
before the end of 2004.
Effectiveness of the mechanism
and of implementation at national
level will continue to be kept under
review. The recommendations
contained in the best practices
paper being developed in the
Foreign Relations Counsellors
Groupm concerning national rules
and procedures for implementing
asset freezing measures will be
relevant in this context and should
continue to be kept under review in
the Group
22 April Commission
Communication on Organised
Financial Crime addressed
transparency issues
The Framework Decision on the
Execution of Orders Freezing
Property and Evidence includes
terrorist offences within its scope.
It facilitates intra-EU freezing
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measures by establishing the
principle of mutual recognition of
freezing orders which must be
recognised and enforced directly
by the competent judicial
authorities of the MS.
Proposal for a Regulation on
controls of cash entering or
leaving the Community is
currently under discussion
in the Council.
Agreement on a general approach
to the draft 3rd Money Laundering
Directive reached on 7 December
2005
The Draft Framework Decision on
the Execution of Confiscation
Orders includes acts of terrorism
within its scope.
Political agreement on the draft
cash controls regulation reached on
16 November 2004
Review capacity of EU
institutions and legal
instruments to respond to
the problem of aliases/front
organisations and apply
sanctions against leaders of
terrorist organisations
Council
Ongoing
Effective freezing action will
require from all Member States
efforts to prepare designations that
are based on solid intelligence and
information from competent
authorities which comply with the
criteria the EU uses for freezing,
drawing on the enhanced
information sharing recommended
above, while respecting legal
safeguards. There should be
greater focus on front
organisations, non-profit
organisations and individuals as
well as on problems relating to the
re-naming of organisations. The
Council, together with the
Commission, will examine
whether the legal framework can
be strengthened with regard to
these issues.
2.3.2
2.3.3
Considering improvements
on regulation and
transparency of legal entities,
including charities, which
may be used by terrorists to
acquire funding for their
activities
Council/Commission
Ongoing
End 2005
(i) Commission examining scope
for measures to prevent terrorist
groups infiltrating legitimate
activities and the question of the
need for a legal instrument to set
up a system for registering bank
accounts. . [See Commission
Communication on measures to be
taken to combat terrorism and
other forms of serious crime, in
particular to improve exchanges of
information. COM (2004) 221)]
(ii) With a view to the full
implementation of Special
Recommendation VIII of the
FATF, and as a follow up to the
conclusions of the combined
ECOFIN/JHA Council of October
2001, the Commission is invited to
assess the need for measures at the
EU level, in addition to those taken
at national level, in particular with
regard to the transparency of legal
entities in the non-profit sector
with a view to reducing the
vulnerabilities of this sector to
abuse for terrorist financing. A
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report should be made to the
Council by the end of 2005
(iii) Review of MS non-profit
sectors currently underway in
Financial Action Task Force
Working Group. The Union is
closely following this work.
2.4
Cooperate closely with the
Financial Action Task
Force (FATF) on all issues
regarding the financing of
terrorism and ensure that
the EU framework is
adapted to the nine special
recommendations on
terrorist financing
All Member States to
implement the FATF 9
special recommendations on
terrorist financing
All
_
MS
2.4.1
July 2005
2.4.2
Review EU and terrorist
financing legislation and
structures in particular on
their compatibility with
FATF standards.
COUNCIL/MS/
EU Coordinator
December 2005
FATF Special Recommendation I:
Ratify and implement UN
instruments - all MS committed to
ratify, and 23 MS have so far
ratified the UN Convention for the
Suppression of the Financing of
Terrorism, which came into force
in April 2002. At EU level, all
Security Council Resolutions
concerning the freezing of assets
of identified persons and entities
have been implemented
(i) FATF Special Recommendation
VI requires States to ensure that
alternative remittance systems are
licensed or registered and that they
are subject to the same FATF
recommendations as apply to
banks. The FATF Working Group
on Terrorist Financing is leading a
project to establish an early
warning system to promote
information exchange and joint
action to disrupt illegal
international funds transfers
(ii) Commission Communication
on a New Legal Framework for
Payments in the Internal Market,
favours integrating Special
Recommendations VI on
alternative remittance and VII on
wire transfers into Community
law. This would help ensure a
level EU playing field in the
approach to these
Recommendations which both deal
with payments issues.
(iii) Special Recommendation IV:
Reporting suspicious transactions
related to terrorism — The Third
Money Laundering Directive will
oblige banks and other persons
subject to the Directive, to report
transactions suspected to be linked
to terrorist financing. Agreement
on a general approach to the draft
directive reached by the Council
on 7 December 2004.
(iv) Special Recommendation V:
International cooperation in the
fight against terrorist financing - at
EU level this is ensured through a
series of instruments and Financial
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Directives including those on
mutual recognition and the Council
Decision on the exchange of
information among Financial
Intelligence Units
(v) Special recommendation IX:
cash couriers. The implementation
of SR IX at EU level is already
partly assured by the existing
Customs Code and will be
completed once the proposal for a
regulation on controls of cash
entering or leaving the Community
Customs territory is adopted by the
Council and the Parliament
(political agreement reached by the
Council in November 2004)
The Council will consider, in
consultation with the Commission,
the possibility of commissioning
an independent scrutiny of the
EU's efforts in the fight against
terrorist financing and how the
current strategy will enhance those
efforts, in relation to the 9 FATF
special recommendations on
terrorist financing
Relex./Sanction Formation
Agreed on best practices document
for implementation of sanctions
regarding terrorist financing
The Commission Communication
of 29 March calls for the need to
bring in measures to improve
transparency of bodies corporate in
order to counter the infiltration of
the legitimate sector by terrorist
organisations.
Measures to combat terrorism,
including the financing of
terrorism, already play a
priority role in EU relations with
Third Countries and EU
technical assistance
programmes.
See also Objective 7
An informal EU-US ad-hoc Troika
meeting on terrorist financing took
place in September.
Contacts continue between
Presidency and GCC on an EU-
GCC seminar on TF to be held in
the Gulf region. EU-US
practitioners meeting on 9
November 2004
2.4.3
Initiate outreach
programmes to EU financial
private sector to coordinate
procedures to combat
terrorist financing
Pursue political and
technical dialogue with
Third Countries, in order
to step up the fight against
the financing of terrorism
Council/Commission
Commence by
September
2004
2.5
Presidency/
Commission/
EU Coordinator
Ongoing
2.5.1
Pursue ad hoc expert level
dialogue with third countries
on financing in line with EU
priorities
COTER/Commission/
EU Coordinator
Ongoing
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Measures/Action
Competent
Body
Deadlines
Status/Observations
Objective 3: To maximise capacity within EU bodies and Member
States to detect, investigate and prosecute terrorists and prevent
terrorist attacks
3.1
Developing and
implementing the legislative
framework for combating
_.
terrorism
Framework Decision on the
European Arrest Warrant
Implementation
Commission EAW Report due by
31 Dec 2004 (pot submitted yet)
18 Member States have reported
completion of implementation
measures
Commission JIT Report due by 1
July 2004
(not submitted yet)
17 Member States have reported
completion of implementation
measures
The Council has adopted the
Presidencies report on the
implementation (11687/2/04)
which is based on the report from
the Commission. The Commission
is invited to submit a follow-up
report to the Council by 30 June
2005.
18 Member States have reported
completion of implementation
measures
The Council has adopted the
Presidency report (10369/2/04)
which is based on the report from
the Commission. The Commission
is invited to submit a follow-up
report to the Council by 30 June
2005.
1 Member State (AT) has reported
completion of implementation
measures
Commission report on
implementation due in 8/06
MS
December 2004
10 Member States have reported
completion of ratification measures
5 Member States have reported
completion of ratification measures
relating to the Protocol.
JHA Council
June 2004
Political agreement on 19/12/02
Formal adoption by Council as
soon as J/L text is available.
_
3.1.1
MS
June 2004
All but one Member State (IT) have
reported completion of
implementation measures
3.1.2
Framework Decision on Joint
Investigation Teams
Implementation
MS
June 2004
3.1.3
Framework Decision on
Combating Terrorism
Implementation
MS
June 2004
3.1.4
Framework Decision on
money laundering, the
identification, tracing, freezing
and confiscation of
instrumentalities and the
proceeds of crime
Implementation
MS
SCLWG (to report)
June 2004
3.1.5
Framework Decision on the
execution of orders freezing
property or evidence
Implementation
MS
December 2004
3.1.6
Convention on Mutual
Assistance in Criminal Matters
and its Protocol
Ratification
3.1.7
Draft Framework Decision on
the Confiscation of crime
related proceeds,
instrumentalities and property
Adoption (and
June 2006
(Implementation)
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implementation.)
December 2004
Political agreement on 28/02/03
Formal adoption by Council as
soon as J/L text is available.
Political agreement on substantive
text on 29/04/04 and on certificate
on 08/06/04.
Parliamentary scrutiny reserves
remain on the part of four Member
States (DK, UK, IT, SE)
June 2005
(adoption)
The proposal presented by France,
Ireland, Sweden and United
Kingdom (8958/04) was examined
by Council (JHA) on 2/12/04
(15098/04).
The Council agreed on a general
approach on 2/12/04 (15871/04)
3.1.8
Draft Framework Decision on
Attacks against Information
Systems
Draft Framework Decision on
the application of the principle
of mutual recognition to
Confiscation Orders
Completion of negotiations of
text.
JHA Council
3.1.9
JHA Council/ CATS/
Cooperation in
Criminal Law Matters
Working Party
June 2004
3.1.10
Draft Framework Decision on
the retention of
telecommunications traffic
data.
Conclusion of negotiations and
adoption.
Draft Council Decision on the
exchange of information and
cooperation concerning
terrorist offences.
Conclusion of negotiations and
adoption.
Draft Framework Decision on
a European Evidence Warrant
Conclusion of negotiations.
JHA Council/ CATS/
Cooperation in
Criminal Law Matters
Working Party
3.1.11
JHA Council/ CATS
June 2005
(adoption)
3.1.12
JHA Council/CATS
/ Cooperation in
Criminal Law Matters
Working Party
December 2005
3.1.13
Cross border hot pursuit
Preparation of proposals for
consideration by Council
A) Measures to improve the
exchange of information on
convictions
B) Proposal on mutual
recognition of conviction
C) European register on
convictions and
disqualifications
Preparation of proposals for
consideration by Council
Commission
Second half of 2004
(Presentation)
June of 2005
[Early 2005]
Commission presented proposal on
14 Nov. 2003. This proposal is
currently being discussed in the
Working group. Negotiations are
still at a relatively early stage and
will continue during LU and UK
Presidencies (15221/04).
Commission to present proposal in
2005
The Council agreed on a general
approach on the text of Art. 1-8 of
the draft Decision on the exchange
of information extracted from the
criminal record (15281/04)
A linked proposal from Belgium on
exchange of information on
disqualification has been tabled and
will be discussed in the working
group next month.
Commission
also
See
Communication on measures to be
taken to combat terrorism and other
forms of serious crime, in particular
of
exchanges
improve
to
(2004) 221]
information [COM
Commission to present proposal in
due course
3.1.14
JHA Council
JHA Council/
Commission
3.1.15
European Protection
Programme for the protection
of witnesses in terrorist cases
Preparation of proposals for
consideration by Council
Draft Framework Decision on
simplifying the exchange of
information and intelligence
between law enforcement
authorities of the Member
States, in particular as regards
serious offences including
terrorist acts.
Commission
[As soon as
possible]
(Presentation)
3.1.16
Sweden/Commission
December 2005
The proposal presented by Sweden
(10215/04) on 4 June 2004 is
discussed by MDG and by CATS
The European Council endorsed the
principle of availability in the
Hague Progamme on 04/11/04
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3.1.17
Preparation of proposals for
consideration by Council
Framework Decision to
replace Joint Action
1998/733/JHA on Criminal
Organisations.
Preparation of proposals for
consideration by Council.
Reinforcing judicial
cooperation
ensure the execution
of any request for
mutual legal
assistance related to
terrorist offences
provide each other
with the fullest
cooperation
study of concrete
measures to propose
Ensure optimum and
effective use of existing EU
bodies such as Europol,
Eurojust and the Police
Chiefs Task Force
Europol/Eurojust Agreement
Adoption
Commission
December 2004
(presentation)
Commission to present proposal
3.1.18
MS
Eurojust held a coordination
meeting at strategic level where
specialized Prosecutors were
present. Cooperation between
Prosecutors and law enforcement is
ongoing on a daily basis.
3.2
3.2.1
JHA Council
May 2004
Approved by JHA Council on 29
April 2004
Signing by Europol on 9 June 2004
Signing by Eurojust on 9 June 2004
Agreement effective from 10 June
2004
Commission had to report on ET
by beginning of the second
semester 2004. Report will be
forthcoming but experience is
limited because of delayed
implementation of the Framework
Decision of 13 June 2002 by 7
Member States. Europol cannot
fully participate to JIT before the
2002 Protocol is ratified by all MS.
Eurojust has no experience in JIT
so far.
Council conclusions were adopted
on 2/12/04 (15285/04). The issue of
Eurojust budget needs also to be
addressed. Information to Eurojust
is addressed in the Decision on
improving information to Europol
and Eurojust in terrorist cases.
On the Council's request, Eurojust
has examined and defined the scope
of measures to improve its capacity
to contribute to the fight against
terrorism (see Eurojust's report
10008/04).
Despite the agreement recently
concluded, the exchange of
information with Europol is limited
by its legal framework.
Thus :
- Need for more and complete,
updated information
- Need for own Eurojust analyst(s)
(there is no direct access by
Eurojust to Europol's analysis
files).
- Need for more budgetary support
3.2.2
Associating Europol and
Eurojust representatives with
the work of Joint Investigation
Teams as far as possible
MS/Commission
Ongoing
3.2.2
bis
"To examine the scope for
further measures to improve
the capacity of Eurojust to
contribute to the fight against
Terrorism"
Concerned bodies should bring
forward adequate proposals or
recommendations for
consideration by the Council
by December 2004
JHA Council/
EUROJUST
December 2004
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3.2.3
Protocols to the Europol
Convention
Ratification
2000 Protocol
2002 Protocol
2003 Protocol
Reinforcing Europol counter-
terrorism capacities and
reactivating the Counter-
Terrorism Task Force
MS
3.2.4
MS/Europol
3.2.5
Ensuring that Europol is
provided by Member States
law enforcement authorities
with all relevant criminal
intelligence related to
terrorism as soon as it is
available
MS/EU Coordinator
Presentation of the
report at the next
JHA meeting- -
December 2004
18 Member States have reported
completion of ratification
13 Member States have reported
completion of ratification
10 Member States have reported
completion of ratification
The setting up of the Counter-
Terrorism Task Force (CTTF) is
under way (see progress report
from Europol in doc. 14846/04).
All Member States have been
invited to second experts to the
C 1 II,. The assignment of experts
will facilitate the flow of
information to Europol on
terrorism.
A process of mutual evaluation,
within the framework of the
Multidisciplinary Group on
Organised Crime, is currently under
way in relation to the exchange of
information and intelligence
between Europol and the Member
States and also among Member
States. An interim report in
relation to the evaluation reports in
respect of five Member States was
taken note of by Council on
2/12/04 (9501/4/04).
The EU Counter-Terrorism
Coordinator has also presented
provisional findings arising from
this evaluation process (9876/04)
Europol counter-Terrorism Task
Force is revitalised. Link between
Europol and SitCen is being
established.
Links between SitCen and Europol
is being established.
3.2.6
Improve the flow of
intelligence to Europol in
relation to all aspects of
terrorism
Take forward the further
development of the
relationship between Europol
and intelligence services
Implementation of the Europol
Information System
MS
3.2.7
MS/Europol
3.2.8
Europol/MS
December 2004
3.2.9
Decision establishing Eurojust
Implementation
MS
June 2004
3.2.10
Designation of Eurojust
national correspondents for
terrorist matters.
MS
[June 2004]
Europol Management Board will
decide at its meeting on 14/15
December 2004 on whether EIS or
alternative EISA will be
implemented.
COM reported on implementation
of the Eurojust Decision in July
2004 (11280/04)
5 MS had not by this date adopted
the required legislation and I had
partly adopted the required
legislation.
In the meantime, one more MS has
adopted the required legislation.
The Council adopted conclusions
on 2/12/04 (15285/04). The COM
is invited to submit a follow-up
report to the Council by mid 2005.
All MS have designated their
Eurojust national correspondent for
terrorist matters (10644/4/04).
Regular contacts between national
members and national
correspondent for terrorism are
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3.2.11
Strengthening cooperation
between anti-terrorist
magistrates
Eurojust
Without delay
3.2.12
Speeding up the linking of the
EJN to the VPN secure
electronic network
Eurojust/EJN
Without delay
3.2.13
Police Chiefs Task Force
(PCTF)
Review how greater
operational capacity can be
reinforced, focussing on
proactive intelligence
Preparation of a report on the
Terrorist attacks in Madrid
from a law enforcement
perspective
Improve mechanisms for
cooperation for the sharing
of expertise on protective,
investigative and
preventative security policies
between police and security
services
Decision on the
implementation of specific
measures for police and
judicial cooperation to combat
terrorism
Implementation
PCTF/JHA Council
November 2004
encouraged.
Strategic and ad-hoc meetings
between anti-terrorist magistrates
organised by Eurojust (the first one
took place in June 04; the intention
is to ensure a follow-up at a six
months interval)
Establishment of a network
between key players in CT. A
questionnaire has been sent to all
Eurojust national correspondents
with a deadline for responses on
15.10.04.
EN contact points have been
consulted on the precise
requirements and a decision on
what to implement has taken in
December.
In parallel, Eurojust is defining its
communication needs so that the
technical solution can be combined
where possible. Subject to the
current discussions on the 2005
Eurojust budget, implementation
can start in the second half of 2005.
Decision by the Council on
19/11/04 on the role and
positioning of the PCTF (14938/04)
3.2.14
PCTF
May 2004
Report completed by PCTF
3.3
The Commission presented first
ideas on improving intelligence-led
law enforcement
3.3.1
MS
June 2004
All Member States have reported
completion of Decision of 19
December 2002 measures.
COM monitoring the designation of
Eurojust correspondents (Council
Decision 2003/48/JHA)
3.3.2
Ensuring that law enforcement
agencies (security services,
police, customs etc.) cooperate
with each other and exchange
all information relevant to
combating terrorism as
extensively as possible
Interim report on the outcome
of the process of peer
evaluation of national
arrangements in the fight
against terrorism in the 15
Member States
Final report on the outcome of
the process of peer evaluation
of national arrangements in the
fight r.gainst terrorism
covering the new Member
MS
Ongoing
This objective is covered by the
Hague Programme
3.3.3
JHA Council / CATS/
TWP / EU Coordinator
Sept 2004
Interim report taken note of by the
Council (JHA) on 2/12/04
(14306/3/04).
The EU Counter-Terrorism
Coordinator has also presented
provisional findings arising from
this evaluation process (9876/04).
Schedule of visits to the remaining
10 Member States agreed,
commencing September 2004.
HU, CY, CZ and PL evaluated
before the end of 2004.
3.3.4
JHA Council / CATS/
TWP / EU Coordinator
Sept 2005
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States
Preparation and adoption
Identification of suspected
terrorists in Europe and of the
organisations which support
them, in order to draw up a
common list of terrorist
organisations
Study the role of Customs in
the Member States in relation
to security/anti-terrorism at EU
Borders
Promote effective, systematic
collaboration in intelligence
exchange between Member
States
and maximize the
effectiveness of information
systems
(i) Draft Council Regulation
on the introduction of new
functions for the Schengen
Information System (SIS)
and
(ii) Draft Decision on the
introduction of new functions
for the Schengen Information
System (SIS)
Adoption
Decision on the location,
management and financing of
SIS II
- for development phase
- for long term
The Visa Information System
( VIS)
-
Draft Council
Decisionestablishing
the VIS
GAERC/JHA Council
Lists containing the most
significant terrorists and terrorist
organisations are regularly and
appropriately updated.
Report approved by CCWG
(10238/04)
Follow-up actions under way
(13793/04)
3.3.5
3.3.6
JHA Council/CCWG
June 2004
3.4
3.4.1
Council
June 2004
Regulation adopted at JHA Council
on 29/4/04.
June 2004
Awaiting adoption, pending (SE)
parliamentary reservation
3.4.2
- JHA Council
- JHA Council
- May 2004
- June 2005
- Council Conclusions adopted on
29/4/04
- Discussions at CATS
Council Decision establishing the
Visa Information System (VIS)
adopted on 8 June 2004
(2004/512/EC) JO L 213
(15/06/2004)
3.4.3
JHA
Council/SCIFA/Visa
Working
Party/Commission
-
Proposal for a second legal
instrument which will define
the VIS in all its elements
(including the categories and
use of data, access right, data
protection rules) and its
operation.
Commission
Beginning 2005
(presentation of
proposal)
The VIS is a system for the
exchange of visa information and is
primarily meant to support
common visa policy.
The Commission hopes to submit
its 2nd proposal (that shall define in
particular the system and its
operation, including the categories
of data to be entered into the
system, the purposes for which it is
to be entered and the criteria for its
entry, the rules concerning the
content of VIS records, the rights of
access for authorities to enter,
update and consult the data and its
control) early 2005. As the legal
basis requires co-decision with EP,
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3.4.4
Enhancing the interoperability
between European Databases
and of synergies between the
existing and future information
systems (SIS II, VIS and
EURODAC)
Preparation of proposals for
consideration by Council
Commission
Early 2005
(presentation of
proposal)
final adoption should not be
expected till end 2005 (and more
likely mid-2006).
Commission propose to present a
"Communication on enhanced
synergies of existing and future
information systems in the field of
visa, travel, border and migration
management" which would cover
these issues, as well as the question
of interoperability.
The March declaration of the
European Council highlighted
under n°5 that "the Commission
should also include provisions to
enable national law enforcement
agencies to have access to the EU
systems".
3.4.5
Exchange of personal
information (DNA,
fingerprints and visa data) for
the purpose of terrorism
Preparation of proposals for
consideration by Council
Improving mechanisms for
cooperation and the promotion
of effective systematic
collaboration between police,
security and intelligence
services
Regular updating of the
network of contact points in
the Member States, with
particular regard to the new
Member States, in respect of
multinational ad hoc teams
Extension of the BDL system
to the 10 new Member States
Enhance the capacity of
appropriate EU bodies in
preparation of intelligence
assessments of all aspects of
the terrorist threat, with a
closer linkage to EU
pollymaking
Integration within the Council
Secretariat of an intelligence
capacity on all aspects of the
terrorist threat with a view to
informing EU policy
Preparation of proposals for
consideration by Council
Work to identify, disrupt
and dismantle arrangements
for supply of weapons to
terrorists
Examine the scope for
measures to ensure greater
security of
firearms,
(i)
explosives,
(ii)
bomb-making
(iii)
equipment,
the
(iv)
technologies
that contribute
Commission
June 2004
(presentation of
proposal)
The Commission presented on 18
June 2004 a communication
"Towards enhancing access to
information by law enforcement
agencies" (10745/04)
(1) Meeting Counter-Terrorism
Coordinator/TFPC/SitCen
during NL Presidency.
(2) Peer evaluation process. going
on (see pont 3.3.3)
3.4.6
MS
3.4.7
JHA Council/
CATS/TWP
3.4.8
3.5
JHA Council/
CATS/TWP
December 2004
All 25 Member States are currently
connected to the BDL.
3.5.1
SG/HR Solana / EU
Coordinator
June 2004
Report by EU Counter-Terrorism
Coordinator to Council on 19/11/04
3.6
3.6.1
Council/ CATS/ TWP /
Commission
June 2005
October 2004
December 2004
March 2005
TWP to consider scope for
measures in the first instance
(15920/04)
COM is currently preparing a
Communication on measures to
ensure greater security in
explosives, detonators, bomb-
making equipment and firearms.
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sicte
24 aI D 1
to the perpetration of
terrorist
outrages
COM has drafted a questionnaire to
assess the capabilities of MS
relevant services to deal with
terrorist bomb attacks (Bomb
Disposal Squads)
Commission/
Council/
Parliament
THA Council/
CATS/CCWP/HR-PR
WMD
Ongoing
Forthcoming work: Examination of
terrorist and criminal threat when
examining each new legislative
proposal (cf. Commission
Communication 8809/02 ADD 3)
Work to continue in 2005
3.6.2
Examination of legislation
with reference to the "terrorist
threat"
Examine and report on the
requirements in relation to the
exchange of information and
the coordination of
investigations, in particular
relating to restrictions on
exportation and prevention of
WMD
Examination and preparation
of a report
Strengthen the arrangement for
the identification, control and
interception of illegal
trafficking in WMD materials.
3.6.3
End December
2004
3.6.4
Council, Personal
Representative of HR,
MS and Commission
[PM]
The Council adopted a Statement of
support of the Proliferation
Security Initiative (PSI) on 17 May
2004.
Follow on work on the EU
statement, including a reference the
necessity to provide criminal
sanctions by Member States in the
area of trafficking of WMD and
related materials, as appropriate, is
underway.
Commission
without delay
3.7
Implement the Conceptual
framework on the ESDP
dimension of the fight
against terrorism, including
preventive aspects
Council/PSC
Other as indicated in
each point
Adoption of the Regulation on the
application of Euratom Safeguards
approved by the Council on
30.04.04. not yet adopted by the
CION and is foreseen to be
completed in early 2005.
L The conceptual framework is
According to
approved and based on the
deadlines related to
es:
each specific action following principl
point
solidarity between EU
-
Member States;
voluntary nature of
-
States'
Member
..
contributions;
clear understanding of
-
the terrorist threat and
full use of available
threat analysis;
cross pillar co-ordination
-
in support of the EU
common aim in the fight
against terrorism;
with
co-operation
-
ners;
relevant part
complementary nature of
-
the ESDP contribution, in
full respect of Member
States' responsibilities in
the fight against terrorism
and with due regard to
and
appropriateness
effectiveness
considerations.
See also objective 5.4.2.2
Work in this field should take into
3.7.1
Support the development of
PSC
Ongoing/First
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military capabilities for EU-led
crisis management operations
by incorporating the terrorist
threat in all relevant illustrative
scenarios in the framework of
the Headline Goal 2010.
3.7.2
The future Civilian Headline
Goal should also give
appropriate consideration to
the deployment and further
development of civilian
capabilities (in particular
Police, Rule of Law, Civilian
Administration and Civil
Protection), in order to prevent
as well as counter the terrorist
threats within the limitations of
the mandate.
Defence Intelligence
Organisations (working
through the Intelligence
Division of the EUMS) should
support through increased
exchanges of intelligence the
Joint SITCEN as it implements
the SG/HR's report to June
European Council on the
establishment of an
intelligence capacity to cover
the range of terrorist threats
affecting EU interests both
within and outside of the
Union;
Improve protection of all
personnel, material and assets
crisis
for
deployed
nt operations under
manageme
Title V of the TEU, including,
as appropriate, the ability to
protect possible key civilian
including critical
targets,
infrastructure, in the area of
operations within available
means and capabilities and on
a case by case basis based on
the threat analysis;
Support to third countries in
combating terrorism;
PSC
deadline June 2005
with the finalisation
of the Requirements
Catalogue
account possible preventive and
Possible
measures.
protective
related to prevention of
measures
the terrorist threat, including
maritime and airspace control-type
operations should be considered
Ongoing
3.7.3
PSC, SG/HR, SITCEN
3.7.4
PSC
PSC preliminary
recommendations to
Council by the 2005
June European
Council
These recommendations should
also foster ongoing work in the
ECAP NBC Project Group, notably
on an NBC Centre of Competence,
including civilian expertise
3.7.5
PSC
Specific measures could entail the
development of appropriate co-
operation programmes to promote
trust and transparency, the support
in planning activities related to the
fight against terrorism including
or
management
consequence
support in training and exercises
Ongoing
3.7.6
Conceptual work on
consular co-operation and
evacuation of EU citizens
in third countries should
continue in the relevant
working groups. These
cases could be included in
the relevant scenarios of
HLG2010 as well as in EU
exercises.
Develop a visible and effective
rapid response protection
capability to be included as
PSC
COCON
3.7.7
PSC
Concept to be
developed by June
2005
Such capacity to be voluntarily
contributed by Member States.
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protection component of EU-
led crisis management
operations under Title V of the
TEU;
3.7.8
Sponsor an ISS Seminar on the
ESDP contribution to the fight
against terrorism in the wider
context of the EU approach in
this field;
Seek ways of co-operating
with NATO in the fields of:
non-binding guidelines
-
and minimum standards
for the protection of the
population
civilian
against CBRN risks;
framework agreement on
-
the facilitation of cross
border transport;
identification of the
-
relevant national points of
contact, with a view to
common
a
creating
database of points of
contact;
cross-participation, on a
-
case-by case basis, in
each other's consequence
management exercises, as
observers
Other Related Measures
Examining measures in
relation to a database on
forensic material
Consideration of need for new
committee structures in order
to ensure greater operational
cooperation on security and
terrorism.
Adoption of the Strategy for
Customs Cooperation and
related work plan
PSC, ISS
March 2005
Participation in the seminar would
be open to representatives and high
level experts (national crisis co-
ordinators, academics, etc) of key
partners, such as the US, the UN
and NATO.
3.7.9
PSC
Ongoing
3.8
3.8.1
3.8.2
Council/Commission
Council/
COREPER
Second half 2005
(Presentation of
proposal)
Commission to present proposals.
It is decided that Coreper has
coordinating role within Council
working structures
Adopted by the JHA Council on 30
March 2004
3.8.3
JHA Council
May 2004
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No.
Measure/Action
Competent Body
Deadline
Status/Observations
Objective 4: To protect the security of international transport and ensure
effective systems of border control
4.1
Ensure the integration of
counter-terrorism
considerations into the work
of relevant EU bodies
(transport, border controls,
identity documents etc)
Regulation establishing a
European Borders Agency
Agency operational
4.1.1
Council / Commission
May 2005
Regulation adopted by Council on
26 October 2004.
(OJ, L 349, 25/11/04, p. I)
4.1.2
(i) Draft Council Regulation
amending Regulation (EC) No
1683/95 laying down a uniform
format for visas.
Finalisation of the technical
specification to be adopted by
COM
Adoption of Regulation
JHA Council
[End 2004]
Commission/Article 6
Committee
[End 2004]
JHA Council
(ii) Draft Council Regulation
on standards for security
features and biometrics in
passports and travel documents
issued by Member States.
Adoption of Regulation
Creation of an integrated
system for the exchange of
information on stolen and lost
passports having recourse to
the SIS and Interpol database
End 2004
In November 2003 the JHA Council
agreed on a general approach.
"Article 6 Committee" concluded
after a debate on the technical
feasibility of the decision that the
integration of the chip in every visa
and residence permit is impossible.
The conclusions of the "Article 6
Committee" were agreed by
Coreper on 24th November 2004
and have been submitted as
informative points to the JHA
Council on 2 December 2004
-
-
Regulation adopted by Council on
13 December 2004
_
4.1.3
Council/Commission
December 2004
(Adoption of
proposal)
Political agreement at the Council
on 2 December 2004
End of 2005
(Implementation of
proposal)
4.2
Work to develop further EU
transport security standards,
in -coordination with relevant
international organisations
and third countries
On 11 March 2004 the Council
agreed to submit to ICAO a
Working Paper on PNR on behalf
of the European Community and its
MS, thereby initiating multilateral
work on this subject.
On 22 September 2004 the
Presidency submitted (on behalf of
the EC and its MS) a working paper
on establishing an international
framework for the transfer of PNR
data to the ICAO 35th Assembly
(28/09-8/10/04). The paper was
well received and work within
ICAO will now begin.
4.2.1
Strengthening of the security of
all forms of transport systems,
including through the
enhancement of the legal
framework and the
Council/MS
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improvement of prevention
mechanisms
Draft
Communication/Directive on
safety of intermodal transport
Enhancing the security
measures in harbours and ships
Commission
Foreseen by end
2004
4.2.2
Commission/TTE
Council/European
Parliament
Adopted 31 March
2004, in force as of
1 July 2004
a) Regulation (EC) No 725/2004 of
the European Parliament and of the
Council 2004 on enhancing ship
and port facility security.
The regulation incorporates the
maritime security measures adopted
in December 2002 by IMO into
Community legislation in order to
prevent acts of terrorism against
ships.
b) Regulation (EC) No 724/2004 of
the European Parliament and of the
Council of 31 March 2004
amending Regulation (EC) No
1406/2002 establishing a European
Maritime Safety Agency. The
regulation provides the European
Maritime Safety Agency
inter alia
with clearly defined tasks in the
filed of Maritime security.
c)Proposal for a Directive of the
European Parliament and of the
Council on enhancing port
security. It aims at complementing
(EC) No 725/2004 on enhancing
ship and port facility security. The
purpose of the Directive is to
enhance security in areas of ports
not covered by the Regulation and
to ensure that security measures
implemented in application of the
Regulation benefit from enhanced
security in the port. The Directive
does not create new obligations in
areas covered by the regulation.
Ongoing legislative work to
develop detailed implementing
legislation (by comitology) to
complement Regulation
2320/2002. Two implementing
Regulations were adopted so far
this year:
- Commission Regulation (EC) N°
68/2004 of 15 January 2004
amending Commission 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.
EC/US Agreement concluded
expanding customs co-operation to
cover CSI and related matters in
order to cover transport security
aspects. Allows for co-operation on
exchange of advance cargo
information and creation of equal
levels and standards of controls for
US and EC operators.
Preparation of proposal for
consideration by Council
Committee/ TTE
Council/ European
Council
TTE Council of
June 2004 agreed
on a general
approach on the
proposed
Directive.
Adoption expected
at first reading in
beginning of 2005.
4.2.3
Regulation 2320/2002 on civil
aviation security and
Regulation 1486/2003 on
procedures on Commission
inspections in the field of civil
aviation security
Implementation
Commission
Ongoing
4.2.4
Follow up to Container
Security Initiative (CSI)
Examination of extension to
other regions
Commission
22 April 2004
15 November 2004
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At the 5th EU-US Joint Customs
Cooperation Committee, meeting it
was agreed to implement the
recommendations elaborated by the
Joint Working Group established
under the agreement and to
continue work in the areas that need
further deliberations (central risk
management, joint rules set on
containers security, advanced cargo
data elements etc.). In addition, an
action plan containing a timetable
for further steps should be drawn
up.
4.3
Develop and implement a
common EU approach to the
exchange and analysis of
passenger information
Council Directive on the
obligation of carriers to
communicate passenger data
Adoption
Common EU approach to the
use of passenger data for
border and aviation security
and other law enforcement
purposes
Preparation of proposal for
consideration by Council
4.3.1
JHA Council
30 April 2004
Adopted at the JHA Council on
29/4/04
OJ L 261, 6.8.2004, p. 24
4.3.2
Commission
June 2004
(presentation of
proposal)
Commission are analysing to what
extent a draft proposal for a
framework decision on PNR can be
annexed to the Communication on a
European Law Enforcement
Information
Discussions with Canada on the
transfer of PNR data are being
undertaken by CION in view of
reaching an agreement similar in
form to the one with the US
Member States support the EU's
multinational initiative on PNR at
ICAO with a view to promoting the
development of global standards
(see also point 4.2)
4.4
Encourage and support non-
EU states to comply fully
with the ICAO and IMO
standards
Enhance capacities for the
identification of terrorists
and the detection of terrorist
devices, materials or funds at
ports, airports and land
borders
Review of criteria that should
be applied for the purposes of
Article 96 of the Schengen
Convention in relation to
certain persons reported for the
purpose of being refused entry
Development of terrorist
profiles with a view to
developing an operational tool
Coordinated recourse to Article
2(2) of the Schengen
Convention
(reestablishment of border
checks)
Reinforce the protection of
European citizens in third
countries
Council
4.5
MS/Commission
4.5.1
JHA
CouncillCommission
End 2004 - Early
2005
4.5.2
4.5.3
Council /CATS/TWP
JHA Council
Dec 2005
Without delay
Commission will analyse the need
for further harmonisation of
grounds related to the introduction
of article 96 alerts in the SIS in the
context of the planned proposals for
the legal basis for SIS II.
Work to continue in 2005
Commission to present proposal
4.6
Council
The EU solidarity programme on
the consequences of terrorist threats
and attacks invites the Member
States and the Presidency to ensure
that the civil protection services of
the Member States will as far as
possible, when one or more of them
are called upon to intervene in a
third country following a terrorist
attack :
render assistance to all EU-
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icte
.,U al.)
1
4.6.1
Establish mechanism for
publication of advice on
terrorist threats to EU citizens
in third countries
SitCen/Council
Secretariat/COUNCIL
June 2005
citizens
assist the consular authorities
of the Member States upon a
request from the relevant
authorities,
cooperate with each other
This and other Objectives for
Action will be contingent on the
HR/SG Solana's report on the
development of an intelligence
capacity within the Council.
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Measures/Action
Competent
Body
Deadlines
Status/Observations
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5.1.
Objective 5: To enhance the capability of the European Union and of
Member States to deal with the consequences of a terrorist attack
2
Programme of
Strengthen the assessment
and analysis of the risks on
possible targets of terrorist
threats so as to provide
emergency response services
with information and
knowledge that is useful in
order to prevent and respond
to potential terrorist threats
and attacks.
Council
(Terrorism WG)
Council Secretariat
(Sitcen),
Commission,
Europol
Member States
on-going
The EU Solidarity
December 2004 on the consequences
of terrorist threats and attacks
(widened CBRN-programme)
(15480/04) deals with this item in
Strategic goal 1 (Risk assessment
and analysis).
5.2
Prepare, on the basis of a
coordinated approach by the
SG/HR and the Commission,
an overall strategy to
enhance the protection of
critical infrastructures
To strengthen the protection
of citizens, essential services
(such as water supplies,
energy and communications)
and production systems
(agro-food and process
industries), as well as to
establish mechanisms
(surveillance, early warning,
alert and response systems
and procedures) to deal with
the consequences of any
terrorist attacks
Commission
Member States
end of 2005
Council, Council Secretariat, Cion,
Europol and MS will
make a more structured use of
threat assessment and analysis
under 3.5 of the Terrorism Plan
of Action for the risk
assessment, prevention and
consequence management,
stimulate, where necessary and
through the appropriate
channels, improved cooperation
between intelligence services,
national authorities and relevant
emergency services such as civil
protection, health and police.
improve the exchange of
knowledge and experience on
the methods of risk assessment
and analysis,
Improve the bilateral exchange
of information on cross-border
risks.
The EU Solidarity Programme on the
consequences of terrorist threats and
attacks (widened CBRN-programme)
deals with this item in its Strategic
goal 2 (preventive measures).
1) As indicated in its communication
on critical infrastructure protection
(13979/04), the Commission intends
to propose, in the near future, a
European Programme for Critical
Infrastructure Protection (EPCIP)
which will contain :
horizontal organisational
measures such as the
identification of critical
infrastructures having a
transboundary effect,
the analysis of vulnerabilities
and interdependencies, and
the outlining of protective
solutions,
2) By June 2005, Cion will establish
a Critical Infrastructure Warning
Information Network (CIWIN) as a
network of specialists to assist in the
drawing up of the EPCIP and to
stimulate an exchange of information
on threats, vulnerabilities, measures
and strategies.
5.3.
Ensure that adequate
mechanisms are in place for
a quick detection and
identification of an actual
threat, for alerting
Commission
Member States
The widened CBRN Programme
deals with this subject in its strategic
goal 3 (detection, identification and
alert).
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professionals and the public
in appropriate ways.
(Detection, identification and
alert)
Cion will create a secure general
rapid alert system (ARGUS) to link
all specialised systems for
emergencies that require action at
European level.
RAS-BICHAT rapid alert system for
deliberate releases of biological and
chemical agents : Securisation against
technological risks and against
security breaches. Improved co-
operation with other alert
mechanisms EWRS (communicable
diseases, food, animals, plants, MIC).
MediSYS Monitoring of a Web-
based information to provide advance
warning of suspicious circumstances
or outbreaks.
A network of high-level of safety
laboratories has been formed to
provide quality-assured diagnostics
for high-risk pathogens and for
mutual assistance between all
Member States to allow quick
introduction of counter-measures.
The EU Solidarity Programme on the
consequences of terrorist threats and
attacks (widened CBRN-programme)
deals with this item in its Strategic
goal 4 (Preparedness and
consequence management):
5.4.
5.4.1
Reinforce the Civil
Protection Capacity of the
EU to deal with terrorist
attacks through scenario
planning, using
- databases of available
resources,
- training and exercises
Assess the capabilitiesfor
mutual assistance
"Assess the capabilities of
Member States both in
preventing and coping with the
consequences of any types of
terrorist attacks, identify best
practices and propose the
necessary measures"
(European Council of 17-18
June 2004, sub 19)
Commission
Council
(for military
resources)
Member States
mid-2005
Cion will :
update by mid 2005-, its EU-
restricted report of November
2004 assessing the capabilities
available at EU level for
assistance to MS affected by a
major terrorist attack on the
basis of certain scenarios of
response to different types of
terrorist attacks.
upgrade its databases of Civil
Protection means and experts.
Obtain and share, on a
restricted basis, information on
relevant vaccines, sera and other
medical resources, that can be
made available in the event of a
major terrorist attack.
5.4.2
Improve the capabilitiesfor
mutual assistance
"Strengthen the capacity within
Member States to alleviate the
consequences of attacks on the
civilian population, including
in the areas of health security
and civil protection, building
on existing EU Health Security
and CBRN
programmes" (25/3/04
European Council Declaration
— Section 11)
Commission
Council
Member States
on-going
5.4.2.1
Civilian resources :
Council
Commission
Member States
1) Council and Commission will, by
June 2005, develop appropriate
initiatives for awareness raising and
decision support for policy advisors
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to the political authorities of the EU
and the Member States, so as to
enable them to deal with the civil
protection aspects of consequence
management.
2) Council and Commission will
further improve inter-operability of
technical equipment, including
civilian-military interoperability, i.a.
by training and exercises, further
research and proposals to enhance
interoperability if necessary.
3) Cion intends to enhance specific
training courses relevant for coping
with the consequences of terrorist
attacks, such as psychological
aftercare and operating in a
contaminated environment.
4) MS, CL and Cion are considering
to develop a list of relevant exercises,
to develop a procedure to allow
cross-participation and fine-tuning in
the field of exercises
5) MS and Cion will consider
establishing a mechanism for
mobilising professional
multidisciplinary advisory teams
6) Council will adopt, end 2004, a
Decision to extend the current
Community Civil Protection Action
Programme (OJ L 332/2000) to
2005/2006 and prioritise public
information and self protection
(14017/04)
7) Cion will facilitate Civil Protection
teams from MS with appropriate
logistics and equipment and
additional common insignia.
8) A Directory of health Experts is
being set up .
9) and rules for consultation for
assistance in the health sector are
drawn.
Scenario building and training:
11) EU-wide exercise to test
communication channels and
evaluation of existing emergency
plans will be conducted in 2005.
12) Joint Training Programme of
Commission with EUROPOL on
interaction between Law
Enforcement and Public Health
(April 2004)
13) Incident investigation and
environmental sampling group is
developing EU-wide protocols and
share good practice and know-how.
5.4.2.2
Military resources :
In the framework of the
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Conceptual Framework on the
ESDP dimension of the fight
against terrorism (see action
3.7) :
- Elaboration of a detailed
report to the Council on
modalities procedures and
criteria to develop the
appropriate level of
interoperability between
military and civilian
capabilities in the framework
of protection of civilian
populations following a
terrorist attack, including in
crisis management operations
under Title V of the TEU.
- Consolidate ongoing work in
view of deepening and
widening the content of the
military database of military
assets and capabilities relevant
to the protection of civilian
populations against terrorist
attacks, including CBRN;
PSC
First semester 2005
This report should contain concrete
proposals based on lessons-learned
from real life incidents and planning
scenarios taking into account best
practices.
PSC,
PROCIV also
involved
PSC to identify a set
of recommendations
to the Council on the
role of this database
by May 2005
In this framework, a bidding process
to incorporate Member States
voluntary contributions in an
addendum to the current Force
Catalogue has been launched. The
PSC, based on an EUMC preliminary
detailed analysis, should identify a set
of pragmatic recommendations to the
Council on the role of this database in
the wider context of the Headline
Goal 2010.
Special attention should be given to
all possible instruments for assistance
to victims
5.4.2.3
5.4.3
Inclusion as appropriate into
the EU's Exercise
Programme of activities
related to the contribution of
ESDP to the fight against
terrorism, including relevant
aspects of the March 2004
Declaration on solidarity
against terrorism.
Improve the procedures for
mutual assistance
Council/PSC
Ongoing EU
Exercice programme
to be agreed by
Council in May
2005 at the latest
The inclusion of such activities, in
line with the Conceptual Framework
for ESDP and the Fight against
terrorism, in the Programme for
2005-2009, is under consideration.
Council and
Commission
July 2006
---
1) Council, Member States and
Commission intend, by I July 2006,
to set up, within the existing
structures, while fully respecting
national competences, integrated EU
crisis management arrangements for
crises with cross-border effects
within the EU addressing effectively
the public order and security aspects
of such crises and the coordination
between the areas of civil protection
and vital infrastructures.
2) Cion will create a secure general
rapid alert system (ARGUS) to link
all specialised rapid alert systems for
emergencies that require action at
European level.
3) Cion will also create a central
Crisis Centre which would bring
together representatives of all
relevant Commission services during
an emergency and coordinate efforts
and to propose the appropriate
response measures, with respect to
the national competences.
4) While establishing ARGUS and
the Crisis Centre, the feasibility of
the establishment of appropriate links
with relevant Council Services and
other competent authorities could be
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5.4.4.
Develop strategies to improve
the capacity of Member States
to communicate with citizens
in the event of a major terrorist
attack
Commission
Member States
ongoing
examined
1) Cion and MS will develop
appropriate initiatives for an optimal
coordination of the public
information by the Member States
during cross border crises.
2) Cion will facilitate, together with
the Member States, a permanent
dialogue between emergency service
operators and authorities on
interoperable systems for emergency
handling and on new concepts for
public warning systems and
procedures.
Strategic goal 5 (R&D) of the
widened CBRN Programme specifies
in greater detail the actions to be
undertaken.
1) Cion will continue the work of the
Preparatory Action entitled
"Enhancement of the European
industrial potential in the field of
Security research 2004-2006"
2) Council will give further emphasis
to prevention and limitation of the
consequences of terrorist threats
the
in
participating
when
Seventh R&D
establishment of the
Framework Programme (2007-2013),
including an EU Security Research
Programme.
3) Cion will encourage the
development and production of
for
relevant
pharmaceuticals
combating the effects to health
resulting from deliberate release of
harmful CBRN agents, of which
some are yet commercially less
attractive.
4) Chemical event scenarios and
clinical toxicology guidelines:
Working Group and Project (as of
2004) on agents and scenarios,
including the EU's Poison Centres.
5) Case definitions for bio-terror
agents, Com. Dec 2003/534/EC,
17.07.2003.
6) See Commission Matrix on
deciding on health system
vulnerabilities, prioritising and
resource allocation for facing up to
attacks and threats using particular
pathogens
7) A series of ten guidelines on case
diagnosis and clinical management is
to be published by
EUROSURVEILLANCE and placed
on the Web
8) Guidance on General preparedness
and response planning and integration
of EU dimension in all national
health emergency plans is being
prepared
5.5.
Provide the appropriate
scientific basis in order to
address efficiently the other
strategic goals above.
Commission
Council
2005- 2006
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9) Guidance on use of vaccines,
antidotes and dilution of vaccinia
immunoglobulins has been issued.
Negotiations on guidance for
vaccines and anti-virals for pandemic
influenza have started.
5.6.
Identify areas for closer,
cooperation in preparedness
and consequence
management, including with
other international
organisations within their
respective competences, such
as NATO
All
(PSC for NATO)
Ongoing
Cion has signed, with the United
Nations Office for Coordination of
Humanitarian Affairs (UNOCHA) on
27 October 2004, an exchange of
letters concerning their cooperation in
the framework of disaster response.
The Council will, within its
competence and together with the
Commission, facilitate the
cooperation on developing further the
capabilities to deal with the
consequences of a terrorist attack,
undertaken with the USA within the
framework of the EU-US Declaration
on combating Terrorism adopted at
Dromoland Castle on 26 June 2004.
Russia - Discussions are being
undertaken with Russia on civil
protection cooperation, in the
framework of the establishment of
the EU-Russia road-map.
WHO - Cion participates in work on
consequence management guidance,
and revision of the International
Health Regulation.
G7 - G7 countries + Mexico +
Commission are working on the
Global Health Security Initiative (risk
communication and management
including exercises for evaluation of
smallpox plans, laboratory
cooperation, patient isolation
techniques, preventing and mitigating
the consequences of chemical agent
and radiological agent attacks and
surveillance methods).
MS and Presidency will ensure that
the civil protection services of the
Member States will, as far as
possible, when one or more of them
are called upon to intervene in a third
country following a terrorist attack
-
render assistance to all
unrepresented EU-citizens,
-
assist the consular authorities of
the Member, States upon a
request from the relevant
authorities and
-
cooperate with each other.
The 2002 CBRN-programme will be
replaced by the 2004 Solidarity
Programme
The 2004 solidarity programme [will]
contain a report on the
implementation of the 2002 CBRN-
Programme
Continued monitoring by the
European Monitoring Centre on
Racism and Xenophobia of racial
violence and discrimination with
5.7.
Act in solidarity in case of
attack against EU-citizens
abroad
Member States and
Presidency
On-going
5.8.
5.8.1
Ensure full implementation
of the EU Health Security
Strategy and CBRN
_programmes
Update the December 2003
implementation report on the
2002 CBRN Programme
(16285/03)
Ensure that support and
assistance is provided to the
victims of terrorist crimes,
and protect minority
Council
Commission
Member States
Council/EU
Coordinator/
Commission
JHA Council
end 2004
5.9
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communities who may be at
risk of a backlash in the
event of a major attack
5.10.
Adoption of the Council
Directive on Compensation
to crime victims
The European Council
endorses the proposal of the
European Parliament to
declare March 11 a
European day
commemorating the victims
of terrorism
JHA Council
1 May 2004
particular focus on Muslim
communities following the terrorist
attack in Madrid of 11 March 2004
Adopted at JHA Council 29 April
2004
5.11.
Commission
[PM]
Commission will launch a call for
proposals for pilot projects
supporting victims of terrorism,
including actions to commemorate
the first `victims of terrorism day'.
Commission is in the final stage of
the evaluation process of the call for
proposal.
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Objectives
Competent Body
Deadline
Status/Observations
Objective 6: To address the factors which contribute to support for,
and recruitment into, terrorism
6.1
Identify factors which
contribute to recruitment
to terrorism, both within
the EU and
internationally, and
develop a long-term
strategy to address these
Finalise report on
recruitment to terrorism
including the possible
adoption of an agreed set of
recommendations
Develop a coordinated long-
term strategy, based on the
initial report at 6.1.1, both
within the EU and
internationally, to address
the factors which contribute
to recruitment into
Terrorism
Conduct more detailed
studies, including academic
studies, of recruitment to
terrorism in specific
contexts such as in prisons,
in schools, in universities or
in mosques; studies in to the
role of the media, including
the interne, in radicalisation
or in promoting support or
sympathy for terrorists; an
exploration of links with
work in complementary
areas such as work on
promoting cohesive
communities or on the
integration of minorities,
including any such work
being undertaken by first
pillar EU Working groups
Continue to investigate the
links between extreme
religious or political
beliefs, as well as socio-
economic and other
factors, and support for
terrorism, building on
work already undertaken
in this area, and identify
appropriate response
measures
Make more efficient use of
relevant external
assistance programmes
including in particular
support for good
governance and the rule of
law to address factors
which can contribute to
the support for terrorism,
Promotion of cooperation in
good governance between
Europe and the Arab world
6.1.1
GAERC/JHA Council/
PSC/CATS/COTER/
TWP
December 2004
Report completed.
6.1.2
COUNCIL/EU
Coordinator/MS
December 2005
Work to be undertaken in 2005 on
developing a strategy to address
Recruitment into Terrorism. The report
under 6.1 can be used as building
blocks.
6.1.3
CATS/COTER/
EU Coordinator
December 2005 —
December 2006
Deadlines should be specific to each
study and prioritised by each
Presidency
n
6.2
Ongoing
SitCen to include relevant material in
assessments. Working Groups to make
policy recommendations as appropriate.
6.3
EU Coordinator/MS/
Commission/Council
Secretariat
Ongoing
6.3.1
Council Secretariat/
Commission/
EU Coordinator
Ongoing
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6.4
6.4.1
6.4.2
6.4.3
though dialogue, with
participation of
governments and the wider
civil society of Arab states,
including non-violent
Islamist parties
Develop and implement a
strategy to promote cross-
cultural and inter-
religious understanding
between Europe and the
Islamic World
Put in place funding for
journalist training
programmes and, regional
language broadcasts of
European television and
radio news and other
initiative in Middle Eastern
and North African countries
Promote better
understanding of aspects of
Islamic culture within
Europe, in conjunction with
leaders of religious
communities
Continue to make use of
existing information sources
in developing strategy
Commission
Ongoing
Commission/MS
Ongoing
Ongoing
Action by the European Monitoring
Centre on Racism and Xenophobia and
the 2003 round tables on anti-Semitism
and islamophobia are examples of
potential sources.
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Measure/Action
Competent Body
Deadline
Status/Observations
Objective 7: To Target actions under EU external relations towards
priority Third Countries where counter-terrorist capacity or
commitment to combating terrorism needs to be enhanced
7.1
Expand the role of the
SitCen in the carrying out of
threat assessments to enable
working groups to focus on
the development of policy
Develop capacities to
analyse and evaluate third
country activities in
counter-terrorism
Task SitCen with the
compilation of Country
Threat Assessments to be
used by Second and Third
Pillar formations in the
development of policy
Deploy and further develop
technical capacity for
monitoring and analysing
open source information
relevant to third country
activities in counter-terrorism
Develop and implement
technical assistance
strategies to enhance the
counter-terrorist capacity of
priority countries, in
coordination with other
international organisations
and Donor states
Enhance coordination
between Member States and
the Commission on existing
technical assistance projects
Identify approximately 10
partner countries for
Technical Assistance
Conduct a review of selected
Community and bilateral
assistance projects with the
aim of sharing best
practice/lessons learned on
counter-terrorism assistance
Develop and implement
technical assistance
programmes, aimed at
capacity building in the field
of counter terrorism, in
coordination with UN
agencies and other
organisations as appropriate
Ensure that specific
counter-terrorism issues,
including effective counter-
terrorism clauses in all
agreements reflecting the
priorities of the revised Plan
of Action are a key element
of EU relations at all levels
with priority countries
SitCen
7.2
Council/HR/
EU Coordinator/
Commission
COTER/PSC
CATS
Ongoing
New system in place. First SitCen
assessments to COTER in November.
7.2.1
7.2.2
SitCen/MS/Commission
Ongoing
7.3
MS/Commission/
COTER/EU Coordinator
The document by the SG/HR in
association with the Presidency on
integrating the fight against terrorism
into EU external relations policy
suggests concrete steps to enhance
EU effectiveness in this field.
Ongoing
7.3.1
MS/Commission
7.3.2
COTER/EU Coordinator
July 2004
7.3.3
Commission/COTER
December 2004
COTER inventory should be revised
and updated. MS and Commission
should consider designating contact
points for counter-terrorism in their
Missions on the ground, especially in
the COTER priority countries.
COTER has identified 7 priority
countries where counter-terrorism
capacity needs to be enhanced.
Work to continue in 2005.
7.3.4
MS/Commission
Ongoing
MS and COM should regularly
update COTER and the UNCTC on
CT projects under way.
7.4
Council/Commission
Ongoing
Standard clause already exists, dating
from April 2002. A comprehensive
Joint Report by the EU Coordinator
and the Commission on CT clauses,
including an overview of where the
clause has already been included,
which negotiations are underway and
which agreements are coming up in
the next couple of years where such
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7.4.1
7.5
7.5.1
7.6
7.6.1
Implement suggestions
contained in the Joint Report
on clauses submitted to the
Council
Mainstream counter-
terrorist objectives into the
work of the geographical
working groups and
external assistance
programmes
Each geographic working
group to submit report on
counter-terrorist elements of
its work programme once per
Presidency
To target actions under EU
external relations towards
priority Third Countries
where counter-terrorist
capacity or commitment to
combating terrorism needs
to be enhanced
Develop focussed action plans
for each identified countries
All
Ongoing
clauses should be added, has been
submitted to the Council.
See also Objective I
Coreper/PSC
Council Secretariat/CION
Ongoing
Commission is already working on
mainstreaming within external
assistance programmes
Council
Ongoing
Council/EU Coordinator
NB The emphasis here is also on
countries having the capacity, but
lacking the commitment, to combat
terrorism
COTER/Commission/
EU Coordinator
June 2005
7.6.2
Report on Progress on the
priority countries to European
Council
Council / EU Coordinator
June 2005
The EU Coordinator and the
Presidency started consultations with
priority countries selected by COTER
with the aim of drawing up an initial
inventory of their needs. Action plans
will be prepared on the basis of
feedback from these missions.
If appropriate, this could be
contained in an overall report on
Counter Terrorism
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Glossary of Terms
ASEAN
AU
CATS
CBRN
CCWG
CFSP
CODEXTER
COM
Association of South East Asian IMO
Nations
African Union
Comit de l'article trente-six -
Article 36 Committee
Chemical, Biological,
Radiological, Nuclear
Customs Cooperation Working
Group
Common Foreign & Security
Policy
Council of Europe Working
Group Experts on Terrorism
Commission
SCIFA
PSC
Political & Security
Committee
Strategic Committee on
Immigration, Frontiers &
Asylum
COREPER
Committee of Permanent
Representatives
SIS
COTER
EAW
EJN
ESDP
ESS
GAERC
GCC
IAEA
ICAO
CFSP Working Group on
Terrorism
European Arrest Warrant
European Judicial Network
European Security and Defence
Policy
European Security Strategy
General Affairs and External
Relations Council
Gulf Co-operation Council
International Atomic Energy
Agency
International Civil Aviation
WMD
Weapons of Mass
VIS
VPN
UNODC
UNSCR
TWP
UNCTC
UNGA
Terrorism Working Party
(JHA)
United Nations Counter-
Terrorism Committee
United Nations General
Assembly
United Nations Office on
Drugs & Crime
United Nations Security
Council Resolution
Visa Information System
Virtual Private Network
SitCen
SCLWG
Substantive Criminal Law
Working Group
Schengen Information
Systems
Joint Situation Centre's
PCTF
Police Chiefs' Task Force
MS
MDG
Multidisciplinary Group on
Organised Crime
Member States
JHA
Council
JIT
International Maritime
Organisation
Justice Home Affairs
Council
Joint Investigations Teams
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{Organisation
I
Destruction
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Implementation of the legislative Instruments listed in the Declaration on terrorism
of the European Council of 25 March 2004 — state as on 29 November 2004
AT
BE
DE
DK
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a) Framework Decision of 13 June 2002 on the European Arrest Warrant (initial deadline for old Member States: 3
Member States: date of accession; deadline set by the Declaration of the European Council: June 2004)
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States: date of accession; deadline set by the Declaration of the European Council: June 2004)
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h) Protocol of 16 October 2001 to the Convention on Mutual Assistance in Criminal Matters between the Membe
(deadline set by the Declaration of the European Council: December 2004)
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i) Protocol of 30 November 2000 amending the Europol Convention (deadline set by the Declaration of the Eurogear
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j) Protocol of 28 November 2002 amending the Europol Convention and the Protocol on the privileges and immu)
the Declaration of the European Council: December 2004)
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k) Protocol of 27 November 2003 amending the Europol Convention (deadline set by the Declaration of the Europea
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1) Framework Decision of 22 July 2003 on the execution of orders freezing property or evidence (initial deadline fc
Acceding States): 2 August 2005; deadline set by the Declaration of the European Council: December 2004)
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a) Convention on Offences and Certain Other Acts Committed on Board Aircraft of 14 September 1963
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c) Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation of 23 September 1971
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December 1973
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Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation of 24 February 1988
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i) Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continenta
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k) International Convention for the Suppression of Terrorist Bombings of 15 December 1997
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1) International Convention for the Suppression of the Financing of Terrorism of 9 December 1999
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- Actions which were noted in the June Action plan as having been completed have been deleted
from the updated version. There have also been some editorial changes to streamline the document
and remove any duplication.
Doc. 13851/1/04
in case of a Framework Decision: implementation completed, legislation has entered into force; - =
implementation not completed; c= implementation completed, legislation has not entered into force; p=
implemented in part; in case the Commission has already submitted a report on the implementation of an
instrument (by the old Member States), the report is taken account of;
y= in case of a Convention or a Protocol: notified the General Secretariat of the Council that the Member State has
ratified the instrument; - = no notification;
Member State has informed General Secretariat of the Council that the instrument has been implemented, but
()=.-
legislation has not been sent to the Council Secretariat;
U The Czech legislation to implement the FD on the EAW entered into force on 1 November 2004. However, CZ has
indicated that it is not able to apply its national laws until CZ has notified the Council of Europe, in accordance with
Article 28 of the European Convention on Extradition, that the application of this Convention is excluded in relations to
other EU Member States. IT has indicated that the first reading of its draft legislation to implement the FD on the EAW
was completed on 12 May 2004. The draft legislation is currently under discussion in the Senate. It is likely that the
Senate will propose amendments to the draft legislation. In that case the draft legislation will have to be sent back to the
Chamber of Deputies. IT hopes that its parliamentary procedure will be completed by the end of the year 2004.
M BE and LU have indicated that their draft legislation to implement the FD on Joint Investigation Teams are currently
pending before their Parliaments.
IN
CY has indicated that its draft legislation to implement the FD on Joint Investigation Teams is currently pending
2].
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before the House of Representatives.
161 HU has indicated that the FD on JITs has been implemented insofar as police co-operation is concerned. Relating to
judicial co-operation, the legislation has been enacted but will only enter into force when the 2000 EU Convention on
MLA enters into force.
On 8 June 2004 the Commission submitted a report on the implementation of the FD on Combating Terrorism by the
15 old Member States (doc. 10528/04 DROIPEN 28 CATS 30 + ADD 1 issued on 15 June 2004). According to this
report, only FIN, FR and PT appear to have fulfilled entirely the obligations emerging from the FD on Combating
Terrorism except Article 9(2) of the FD. The latter provision appears to have been incorporated, according to the
aforementioned report, by none of the Member States. This report is the basis for a note from the Presidency to the
Council (doc. 11687/2/04 DROIPEN 40 REV 2). The legislation of the 10 new Member States as well as further progress
in implementing this Framework Decision and additional information provided for by the old Member States will be
examined in a second report from the Commission (to be submitted to the Council by 30 June 2005).
1131
According to the aforementioned report from the Commission (doc. 10528/04 DROIPEN 28 CATS 30 + ADD 1), AT
did not entirely comply with the Framework Decision at the time of the drafting of the report. Since then, AT has
introduced further legislative procedures so as to enact supplementary legislation.
Sweden has provided supplementary information concerning the Swedish implementation of the FD on Combating
Terrorism.
1101
CY has indicated that new counter terrorism legislation is under preparation.
1111
LV has informed the General Secretariat of the Council that it has implemented the FD on Combating Terrorism
apart from the provisions on liability of legal persons.
1121
The report from the Commission on the implementation of this Framework Decision (doc. 9251/04 DROIPEN 14)
which is the basis for the Presidency's note to Council (doc. 10369/2/04 DROIPEN 24 REV 2 + COR 1) examines only
in
the legislation of the 15 old Member States. The legislation of the 10 new Member States as well as further progress
be
implementing this Framework Decision and additional information provided for by the old Member States will
examined in a second report from the Commission (to be submitted to the Council by 30 June 2005). According to the
report from the Commission on the implementation of this Framework Decision (doc. 9251/04 DROIPEN 14), ES, IT
a special
and LU were, at the time of the drafting of the report, preparing legislation that had not yet entered into force,
new
legislative drafting committee was producing national transposing provisions in GR and SE was examining whether
legislation was necessary to comply with the Framework Decision
1131
According to the aforementioned report from the Commission (doc. 9251/04 DROIPEN 14), AT did not entirely
notified the COM and
comply with the Framework Decision at the time of the drafting of the report. Since then, AT has
the GSC of legislation that was enacted in order to comply with the Framework Decision.
entirely
According to the aforementioned report from the Commission (doc. 9251/04 DROIPEN 14), ES did not
then, ES has
comply with Articles 1 and 3 of the Framework Decision at the time of the drafting of the report. Since
into force
enacted new legislation in order to transpose the Framework Decision. These provisions have already entered
and will be applied to offences committed after 1 October 2004.
1151
on
According to the aforementioned report from the Commission (doc. 9251/04 DROIPEN 14), IT did not inform
with the
provisions implementing Article 2 of the Framework Decision. Thus, it is taken that IT complies only in part
Framework Decision.
1161
entirely
According to the aforementioned report from the Commission (doc. 9251/04 DROIPEN 14), PT did not
new legislation
comply with the Framework Decision at the time of the drafting of the report. Since then, PT has enacted
in order to transpose the Framework Decision.
1171
that they
The information refers to the question whether Member States have enacted legislation or take the view
ent of national
comply with the Council Decision on the basis of existing provisions (=y) or not (= -). As to the appointm
of the EU of
members of Eurojust, all (old and new) Member States have notified the General Secretariat of the Council
Council Decision
their decisions. On 6 July 2004 the Commission submitted a report on the legal transposition of the
g to this report
setting up Eurojust by the 15 old Member States (doc. 11280/04 EUROJUST 66 + ADD 1). Accordin
of the report, their
from the Commission, FIN, UK, 1E, GR, SE and DK still had to bring, at the time of the drafting
national legislation into conformity with the Eurojust Decision.
JA1
1_91
118
1Designation of a Eurojust national correspondent for terrorism matters by each Member State
1191 According to information received from SE, the MLA Convention has been implemented to a large extent. So far,
the General Secretariat of the Council has not been notified thereof.
1201
CY has indicated that the 2000 Convention on MLA and the 2001 Protocol thereto have been implemented into
national law. So far, the General Secretariat of the Council has not been notified thereof, accordingly.
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PL has indicated that the legislation to implement the 2000 Convention on MLA and the 2001 Protocol thereto were
awaiting signature by the President. The ratification instrument can only be signed by the President after Poland has
received an authentic text of the Convention and the Protocol in Polish.
EE has indicated that it intends to ratify the Europol Convention and the Protocols thereto by the end of 2004 at
latest.
1231
AT has indicated that its legislation to implement the FD on the execution of orders freezing property or evidence
was published in the Austrian Official Journal on 30 April 2004. According to this law, it will enter into force on 2
August 2005. However, it is envisaged to put it into force by December 2004.
114J
UK has indicated that it has implemented the FD on the execution of orders freezing property or evidence insofar as
terrorist assets are concerned. UK is making progress towards full implementation.
is
LV has indicated that legislation to implement the FD on the execution of orders freezing property or evidence
currently being reviewed and prepared by the Latvian Parliament for 3rd and final reading.
r= ratification (or accession or succession); s= signature (without ratification);
ad?.
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