EN Official Journal of the European Union CE 88/574

(2004/C 88 E/0587)

WRITTEN QUESTION P-1154/04

by Brice Hortefeux (PPE-DE) to the Commission

(6 April 2004)

Subject: Fight against terrorism

The Madrid attacks have once again proved the rule that Europe requires crises, or even tragedies, in order to make progress. After months of futile procrastination, it has finally been recognised that Europe needs a constitution in order to provide the EU with the means of protecting itself against those who threaten it, and in order to create the common area of freedom and security for which the citizens have long called.

Priority should however not be given to expanding existing bodies or increasing bureaucracy, as some have suggested, but to the question of whether governments are determined to make use of European structures to develop police and judicial cooperation. Although Europol and Eurojust have already been set up for this purpose, they are used infrequently and inefficiently. More seriously, the report by the Council Secretariat on the plan of action to combat terrorism shows that the main obstacle to efficient cooperation is of a political nature, namely mistrust. It is unacceptable that terrorists should be able to operate without borders while this is impossible for the police, judicial and intelligence services, even within the European Union.

What is the Commission's position with regard to this ‘culture of secrecy’?

Have measures been taken to correct the shortcomings exposed in the above-mentioned report by the Council Secretariat and, if so, what measures have been taken?

Answer given by Mr Vitorino on behalf of the Commission

(30 April 2004)

The Commission shares the view of the Honourable Member on the fact that the difficulty to share information between many intelligence and law enforcement services amongst the Member States is one of the main obstacles to international police co-operation. This practice has a direct negative impact on the efforts to counter terrorism.

Gathering and processing information is essential to prevent, detect and investigate terrorism. The success of prevention, investigation and the subsequent prosecution of crimes depends on the quality of the information gathered, on its analysis, and especially on protecting it from leakage to unauthorised persons or organisations. This explains the natural difficulty to share information.

Council Decision 2003/48/JHA of 19 December 2002 on the implementation of specific measures for police and judicial cooperation to combat terrorism in accordance with Art 4 of Common Position 2001/931/CFSP is a major step forward for the improvement of exchange of information.

Such difficulties are not only evident in international contacts, but also between different police forces within countries (and sometimes even within one same force). The level of exchange of information grows over time as a result of continuing and deepening co-operation within the formal bodies established by the Union, such as Council working groups, Europol, Eurojust or the Task Force of Police Chiefs. This natural process is very slow in developing, however. It is therefore necessary to find ways to achieve progress more rapidly.

Effective ways to build up a culture of trust and co-operation are the training activities of the European Police College (CEPOL) and the Europol awareness program, as well as incorporating intelligence/security services in the activities carried out by Europol.

The Commission has recently presented concrete measures that may help to correct the situation mentioned, such as a Communication (1) on measures to be taken to combat terrorism and other forms of serious crime, in particular to improve exchange of information. The Commission has also presented a proposal for Council Decision on the exchange of information and cooperation concerning terrorist offences (1).

(1) COM(2004) 221 final.