WRITTEN QUESTION E-2653/01

by Frank Vanhecke (TDI) to the Commission

(1 October 2001)

Subject: Combating terrorism

In response to the growth of terrorism in Europe and worldwide, and more particularly following the recent attacks in the USA, Parliament, the Commission and the Council have announced that they will shortly adopt new legislation to combat terrorism.

Yet the Union's existing instruments relating to this subject are already very extensive: a succession of resolutions, recommendations, conventions, declarations, charters etc. have been adopted, in many cases overlapping. During the recent debate on the Watson report in the EP, no fewer than 52 existing documents were cited in the proposal for a recommendation.

Does the Commission intend to do something about this plethora of conventions and declarations in order to establish a clear and effective set of instruments?

Will the Commission streamline and consolidate all these documents?

If so, within what time-frame?

Answer given by Mr Vitorino on behalf of the Commission

(30 October 2001)

The Commission presented two proposals at the extraordinary Justice and Home Affaires (JHA) Council on 20 September 2001 in Brussels:

- A draft proposal for a Framework Decision on combating terrorism(1), which is based on Article 34(2)(b) of the Treaty establishing the European Union, aimed at establishing minimum rules relating to the constituent elements and penalties in the field of terrorism, implementing Article 31 (e) of the Treaty establishing the European Union. Provisions to facilitate judicial cooperation are also included. The proposal is in the Scoreboard for the implementation of an area of freedom, security and justice, the last version of which was presented in May 2001(2).

This proposal provides a broad list of offences indicating when they are to be regarded as terrorist offences. It also includes offences related to terrorist groups. It places an obligation on the Member States to ensure that these offences will be punishable as terrorist offences.

- A draft proposal for a Framework Decision for a European arrest warrant(3) and a surrender procedure between Member States. The European arrest warrant covers the compulsory transfer of a person from one Member State to another. The proposal to create a European arrest warrant is also in the Scoreboard for the implementation of an area of freedom, security and justice.

The Commission proposes a horizontal system which would replace the current extradition system in all matters, and is not limited to certain offences. The mechanism is based on mutual recognition of judicial decisions. The basic idea is as follows: when the authority of a Member State requires that a person be handed over, either under the terms of a final judgment, or because the person is the subject of criminal proceedings, its decision has to be recognised and implemented on all the territory of the Union.

These Commission proposals are a concrete contribution to translating into legal terms the political declarations, recommendations and decisions regarding terrorism which were cited in the resolution quoted by the Honourable Member.

Accordingly, the Commission has given legal form to those political purposes, consolidating them within a legal text.

Concerning the time-frame, the JHA Council on 20 September 2001 instructed the Committee of Senior Officials set up under Article 36 of the Treaty on European Union to take steps immediately to examine the two proposals thoroughly so as to enable the Council to achieve significant political agreement on both proposals at its meeting on 6 and 7 December 2001.

The extraordinary European Council meeting on 21 September 2001 signified its agreement to the introduction of a European arrest warrant and the adoption of a common definition of terrorism. The warrant will supplant the current system of extradition between Member States. Extradition procedures do not at present reflect the level of integration and confidence between Member States. Accordingly, the European arrest warrant will allow wanted persons to be handed over directly from one judicial authority to another. In parallel, fundamental rights and freedoms will be guaranteed.

In addition, the European Council directed the Justice and Home Affairs Council to flesh out that agreement and to determine the relevant arrangements, as a matter of urgency and at the latest at its meeting on 6 and 7 December 2001.

(1) COM(2001) 521 final.

(2) COM(2001) 278 final.

(3) COM(2001) 522 final.