EN Official Journal of the European Union CE 84/795

(2004/C 84 E/0892)

WRITTEN QUESTION E-0463/04

by José Ribeiro e Castro (UEN) to the Commission

(23 February 2004)

Subject: Europe — terrorism

Replying to my question E-1992/03 (1), Commissioner António Vitorino said that Europe's response to terrorism went beyond merely assessing the existence of a threat, and highlighted the need to take into consideration the factors underlying terrorism.

He believed that the Commission could play a more prominent role in this highly sensitive area, and that the Union should use all the means available to it: development, trade, justice and home affairs policy and other aspects of the Barcelona process to combat terrorism, alongside measures in the security field.

In practical and operational terms, what does the Commission believe its proper role should be? Does it believe that there is agreement between the Member States on this?

How does the Commission assess the current use being made of the instruments available to the Union? What does it think the priorities are with a view to optimising their use?

Answer given by Mr Vitorino on behalf of the Commission

(5 April 2004)

Role of the Commission in operational terms/Consensus amongst Member States

Generally, the EU facilitates operational cooperation in the fight against terrorism through establishing improved forms of information exchange among the police and intelligence communities tasked with the fight against terrorism. Regarding its specific involvement in operational measures, the Commission actively participates in the relevant working parties within the Council structures in which measures for fighting terrorism are developed. The Commission participates, ‘inter alia’, in the Terrorist Working Group (TWG) in the Council that assesses the terrorist threat to the EU every six months and is also tasked with defining new co-operation instruments.

In the field of Justice and Home Affairs (JHA), several legislative measures pertaining to operational co-operation in the fight against terrorism have been adopted, for example the Council Framework Decision of 13 of June 2002 on combating terrorism (2) and the Council Recommendation of 26 April 2002 on multi-national ad-hoc teams for exchanging information on terrorists (3) in the pre-criminal investigative phase.

The implementation of the Council Framework Decision will facilitate police and judicial co-operation by aligning criminal law in the Member States. It will also contribute to closer co-operation with third countries and to the preparation and implementation of international instruments related to the prevention and suppression of terrorism.

In conformity with the provisions of Title VI of the Treaty on European Union, such legal instruments are always adopted unanimously by the Member States, which reflects consensus amongst the Member States.

In relation to co-operation with the countries of North Africa and the Middle East in JHA aspects, following the recommendations of the Foreign Ministers at their meeting in Marseilles (November 2000), a framework document on good governance and the rule of law was adopted by the Ministers of Foreign Affairs of the EU and its 12 Mediterranean Partners during their meeting in Valencia in April 2002. The document endorsed the idea of a regional programme in the field of justice, in combating drugs, organised crime and terrorism as well as co-operation in the treatment of issues relating to the social integration of migrants, migration and movement of persons.

The focus of the programme is to encourage reform of and co-operation between judicial systems, combating organised crime and drugs, and ensuring a joint approach to the management of migratory flows, without losing sight of the overall balance of the partnership, notably with regard to the immigration issue.

The programme has a total budget of EUR 6 million and will be implemented for three years.

Three types of actions will be covered by the programme:

(a) Training of magistrates, lawyers and clerks and establishment of a permanent Euro-Mediterranean network of legal training, aimed at directors of schools or Magistrates' Training Institutes (Judges and Prosecutors), of lawyers and justice officials, of legal administrative staff; or persons responsible for the training of magistrates, lawyers and clerks. EUR 2 million from the programme were allocated for these actions.

(b) Training for police officers and other officials with relevant specialisations in regional police co-operation, addressed to persons responsible for central services dealing with police and international cooperation, directors of schools, academies or police training institutes. EUR 2 million from the programme were allocated for these actions and a contract signed with the European Police College (CEPOL) in the last week of February 2004. A first session ‘combating and fighting terrorism’ will take place in France in May. Police officers from Morocco, Tunisia, Algeria, Italy, Spain and France will participate (as well as probably, from Egypt).

(c) Monitoring, analysing, and forecasting migratory flows in the EU and Mediterranean Partners with a view to helping the Partners in their efforts to develop and implement migration policies. EUR 2 million from the programme were allocated for these actions and a contract signed with the European University Institute on 1 February 2004.

Evaluation of the current instruments/Improvement of them

The usefulness of counter-terrorism measures taken by the European Union is dependent on their enforcement by the different Member States.

The Commission is soon to report on the implementation of the Framework Decision of 13 June 2002.

The recently established mechanism for evaluating the legal systems and their implementation at national level in the fight against terrorism (Council Decision of 28 November 2003) in which the Commission participates, identifies the capacities of the national legal frameworks to combat terrorism and assesses co-operation amongst the different Member States' administrations and bodies relating to terrorist activities, in particular between judicial, law enforcement and intelligence services. It also assesses co-operation at international level and the implementation of the EU and United Nations (UN) measures to counter terrorism, including the implementation of the EU Framework Decision on Combating Terrorism.

(1) OJ C 70 E, 20.3.2004, p. 70.

(2) OJ L 164, 22.6.2002.

(3) Document 57156/02 Enfopol 19 Rev. 6.