Opinion of the Committee of the Regions on the Communications from the Commission to the Council and the European Parliament Prevention, preparedness and response to terrorist attacks Prevention of and the fight against terrorist financing through measures to improve the exchange of information, to strengthen transparency and enhance the traceability of financial transactions Preparedness and consequence management in the fight against terrorism Critical infrastructure protection in the fight against terrorism
Date: 2005-10-12
Institutions: European Committee of the Regions
Subjects: European Commission, European Committee of the Regions, European security, economic infrastructure, economic sanctions, help for victims, interinstitutional relations (EU), public safety, terrorism

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Official Journal of the European Union

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II

(Preparatory Acts)

COMMITTEE OF THE REGIONS

61ST PLENARY SESSION, HELD ON 12 AND 13 OCTOBER 2005

Opinion of the Committee of the Regions on the Communications from the Commission to the
Council and the European Parliament Prevention, preparedness and response to terrorist attacks
Prevention of and the fight against terrorist financing through measures to improve the exchange
of information, to strengthen transparency and enhance the traceability of financial transactions
Preparedness and consequence management in the fight against terrorism Critical infrastructure
protection in the fight against terrorism

(2006/C 81/01)

THE COMMITTEE OF THE REGIONS,

HAVING REGARD TO the Communication from the Commission to the Council and the European Parlia-
ment of 20 October 2004 on Prevention, preparedness and response to terrorist attacks (COM(2004) 698 final),

HAVING REGARD TO the Communication from the Commission to the Council and the European Parlia-
ment of 20 October 2004 on the Prevention of and the fight against terrorist financing through measures to
improve the exchange of information, to strengthen transparency and enhance the traceability of financial transactions
(COM(2004) 700 final),

HAVING REGARD TO the Communication from the Commission to the Council and the European Parlia-
ment of 20 October 2004 on Preparedness and consequence management
terrorism
(COM(2004) 701 final),

in the fight against

HAVING REGARD TO the Communication from the Commission to the Council and the European Parlia-
ment of 20 October 2004 on Critical infrastructure protection in the fight against terrorism (COM(2004) 702
final),

HAVING REGARD TO the European Commission's decision of 12 November 2004 to consult it on these
questions, in accordance with Article 265(1) of the Treaty establishing the European Community,

HAVING REGARD TO its President's decision of 3 November 2004 to instruct its Commission for Consti-
tutional Affairs and European Governance to draw up an opinion on the subject,

HAVING REGARD TO the Treaty on the European Union and especially Title I Common provisions and
Title VI Provisions on police and judicial cooperation in criminal matters and the Treaty establishing the Euro-
pean Community,

HAVING REGARD TO the Treaty establishing a Constitution for Europe signed on 29 October 2004 and
in particular Title I Definition and objectives of the Union in the first part, the whole of the second part
entitled The Charter of Fundamental Rights of the Union, Chapter IV Area of freedom, security and justice, and
finally Title III Internal policies and activities in the third part,

HAVING REGARD TO the action programme to combat terrorism adopted by the European Council on
21 September 2001,

HAVING REGARD TO the revised action programme on combating terrorism adopted by the European
Council on 18 June 2004,

HAVING REGARD TO the conclusions of the European Council of 17 December 2004,

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HAVING REGARD TO the declaration of the European Council of 25 March 2004 on combating
terrorism,

HAVING REGARD TO the framework decision of the Council of 13 June 2002 on combating terrorism,

HAVING REGARD TO the framework decision of the Council of 13 June 2002 on the European arrest
warrant and extradition procedures between Member States,

HAVING REGARD TO the framework decision of the Council of 13 June 2002 on joint investigation
groups,

HAVING REGARD TO the framework decision of the Council of 15 March 2001 on arrangements for
victims in criminal proceedings,

HAVING REGARD TO the reports of the European Parliament on the referrals in question,

HAVING REGARD TO the local and regional dimension of the Area of Freedom, Security and Justice (CdR
61/2003 (1)),

HAVING REGARD TO its resolution in support of local elected representatives under threat in the Basque
country (CdR 72/2003 fin (2)),

HAVING REGARD TO its opinion on the Communication from the Commission to the European Parlia-
ment, the Council, the European Economic and Social Committee and the Committee of the Regions on
Reinforcing the civil protection capacity of the European Union (CdR 241/2003 fin (3)),

HAVING REGARD TO its opinion on the Communication from the Commission to the Council and the
European Parliament on Crime Prevention in the European Union (CdR 355/2003 fin (4)),

HAVING REGARD TO the declaration on cross-frontier civil protection adopted at Udine on 27 May 2005
by its Commission for Sustainable Development,

HAVING REGARD TO its draft opinion (CdR 465/2004 rev.1) adopted on 14 June 2005 by its Commis-
sion for Constitutional Affairs and European Governance (rapporteur: Mrs Theodora Bakogianni, Mayor of
Athens (EL/EPP),

1)

2)

3)

4)

5)

6)

WHEREAS Article 2 of the Treaty on the European Union states as a main aim of the European
Union the maintenance and development of the Union as a ‘area of freedom, security and justice’,
this aim is reiterated in the Treaty establishing a Constitution for Europe and Article II-6 of Title II
‘Freedoms’ in the second part, Charter of fundamental rights of the Union, explicitly acknowledges ‘the
right’ of every person ‘to freedom and security’,

WHEREAS the formation of a common European policy to tackle the terrorism and the coordinated
action of the supranational and national authorities are absolutely necessary for the protection of
the aforementioned right and the achievement of the aforementioned aim of the Union,

WHEREAS the risk from terrorism affects free, open democracy and victimises society itself,

WHEREAS real, effective protection of fundamental rights underpins the common European project
and represents an essential, non-negotiable condition for establishing the EU action plan in the fight
against terrorism,

WHEREAS in many states the local and regional authorities are important responsibilities for
matters relating to security and civil defence, are (also) responsible for implementing infrastructure
policies, are closer to the citizen, and have the opportunity to contribute substantially to raising the
awareness of European public opinion in the face of the terrorist threat,

WHEREAS, the local and regional authorities' representative body and supporter of proximity
democracy in the context of Community decision-making procedure is directly involved in the appli-
cation of the measures for tackling terrorism,

unanimously adopted the following opinion at its 61st plenary session, held on 12 and 13 October
2005 (meeting of 12 October):

(1) OJ C 73 of 23.3.2004, p. 41.
(2) OJ C 244 of 10.10.2003, p. 53.
(3) OJ C 43 of 18.2.2005, p. 38.
(4) OJ C 43 of 18.2.2005, p. 10.

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1. The views of the Committee of the Regions

response to terrorism, but points out that this presupposes a
strict delimitation of the relevant powers and responsibilities;

The Committee of the Regions

1.1 Comments on the Commission Communication on Prevention,

preparedness and response to terrorist attacks

1.1.1
thanks the European Commission for requesting an
opinion which corresponds to the CoR's own suggestion and
constitutes a useful precedent which compensates for the lack
of a legal basis both in the current Treaties (Article 22 of the
consolidated Treaty) and in the Treaty establishing a Constitu-
tion for Europe (Article III-129);

expresses its satisfaction at the incorporation of the
1.1.2
Charter on Fundamental Rights, which contains a specific
chapter on protection of individual freedoms and justice, in the
Constitutional Treaty: this confers on it binding legal effect and
will help to build up an awareness in the European citizen that
the Union is indeed developing as an ‘area of freedom, security
and justice’;

1.1.3
applauds the Commission's proposals as expressed in
its Communication on prevention, preparedness and response
to terrorist attacks, with the comment that these observations
have a general character, and in particular expresses its satis-
faction at the general conclusion that tackling terrorism at its
core requires the participation of the whole of society both in
defining new means of prevention and suppression, and in
defining new measures for monitoring an achievement of a
balance between collective security and individual freedom;

calls for careful assessment of the possibility of taking
1.1.4
measures to prevent
terrorism,
given the main objective of ensuring the security of citizens; no
such preventive action should lead in practice to jeopardising
fundamental rights;

the violent radicalisation of

1.1.5
recalls, however, that the decisions already taken at
Community/Union level to tackle racism and xenophobia have
not yet been implemented in all the Member States;

1.1.6
against
public policies set up by the local and regional authorities;

points out that even in the context of
the fight
terrorism prevention relates horizontally to many

1.1.7
considers it useful to begin a dialogue between the
private and public sectors on security matters, while empha-
sising equally the risks which could arise from failing to respect
the confidentiality of personal and commercial data which will
be collected for security reasons;

1.1.8
expresses its total satisfaction with the efforts of the
their
Commission to provide assistance to victims and/or
families after terrorist attacks, and with the raising of public
awareness, and agrees with the setting-up of a mechanism to
distribute the financial cost of a phenomenon which could
cause exceptional damage anywhere in the European Union;

1.1.9
takes the view that incorporating police and judicial
cooperation in global policies will contribute to an effective

1.1.10
in the external relations of the European Union;

agrees that tackling terrorism should be incorporated

takes the view that there is a need to strengthen the
1.1.11
systems of internal communication between the relevant autho-
rities at national and supranational level in the event of terrorist
attack or a corresponding emergency situation, as well as
between those authorities and the public, and regards as parti-
forum
the implementation of
cularly important
which will make possible the effective application of these
systems;

the users'

thinks it necessary to develop closer cooperation
1.1.12
between Europol and Eurojust on the one hand, and between
the responsible national authorities in the field of information
on the other, while stressing that this must be carried out
within a clear institutional framework;

1.1.13
agrees with the proposal
research and technology in the field of security.

to strengthen scientific

1.2 Comments on the Commission Communication on the Prevention
of and fight against
financing through measures to
improve the exchange of information, to strengthen transparency
and enhance the traceability of financial transactions

terrorist

1.2.1
agrees from the outset that the fight against terrorist
financing includes improving cooperation in the field of infor-
mation exchange, strengthening the capability to detect finan-
cial credit transactions and increasing the transparency of legal
entities;

expresses its satisfaction at the European Commis-
1.2.2
sion's concern to discover a balance — always difficult to
achieve — between the activation of the above measures on
the one hand and protection of
liberties on the
other, also taking account of the provisions of the Charter of
Fundamental Rights;

individual

1.2.3
notes the progress which has been made in the
exchange of information between the relevant authorities and
agrees with the activation of the joint investigation groups in
which public prosecutors and judges participate;

points out that the development of further coopera-
1.2.4
tion mechanisms, the exchange of information and reactions
between public authorities and financial credit bodies presup-
poses the drawing-up of new provisions defining the specific
powers and possibilities for making use of the relevant infor-
mation;

1.2.5
takes the view that promoting the creation of
national organisations responsible for the detection, blocking
and confiscation of assets of suspected terrorists will be effec-
tive at inter-state level only if it is implemented in a uniform
way in all the Member States, taking account of the differences
observed in the various legal systems;

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1.2.6
underlines that, with regard to making full use of
electronic proof in the courts, it would be necessary to take
account of and examine problems which on the one hand
concern the limits of use of the said proof and on the other
hand the risk of intervention by third parties in the relevant
programmes;

agrees from the outset

legislative
1.2.7
provisions will be necessary to ensure effective monitoring of
cross-frontier movement of capital;

that additional

1.2.8 maintains that defining a minimum basis of common
rules for financial bodies in the EU, as regards checking the
identity of clients, registering their identifying data and creating
an electronic database centralising samples of identity cards, are
measures which require processing by specialised experts to the
extent that they encroach significantly on the individual right
to protection of personal data;

thinks it necessary to develop a wider dialogue on the
1.2.9
problems of
legislation
introducing minimum rules
concerning the transparency of the humanitarian or non-profit-
making sector;

for

1.2.10
notes that the difficulties encountered in drawing up
a European list of terrorist organisations have not yet been
overcome.

carries enormous risks with regard to effective tackling and
management of the resulting crisis;

regards as correct the criteria proposed for the defini-
1.4.2
infrastructure and agrees that they should be
tion of critical
refined also at national
level, taking account of sectoral and
collective experience, whilst emphasising that a homogeneous
level of protection must be sought;

1.4.3
points out that certain important steps have been
taken at the level of Community legislation in the field of
protection of critical infrastructure, and considers that it will
need to take an active part from now on in the preparation of
additional legislative proposals;

supports the setting up of a European programme for
1.4.4
protection of critical
infrastructure and of a related alarm
network, and wishes to point out that for these measures to be
effective,
it is essential for it to participate actively in their
formulation and implementation.

2. Recommendations of the Committee of the Regions

The Committee of the Regions

1.3 Comments on the Commission Communication on Preparedness
and consequence management in the fight against terrorism

2.1 Terrorist attacks: prevention, preparation and response

1.3.1
expresses satisfaction with the proposal to strengthen
the civil protection mechanism and agrees with the assessment
that collective action, based on solidarity, can guarantee a
timely and well targeted response to terrorist scenarios;

1.3.2
underlines the importance of systematic training of
the members of the services concerned, and regrets that up to
now not all the Member States have given special attention to
this;

1.3.3
agrees with the proposal to list all the resources of
civil protection existing at European level to assist Member
States hit by a terrorist attack, so as to achieve the most effec-
tive possible preparation for and management of the conse-
quences of a terrorist attack at local and regional level;

1.3.4
takes the view that the Community mechanisms for
health protection are particularly important, and thinks it
essential
for the national authorities to participate in them
more widely in a coordinated way;

1.3.5
is in favour of setting up a centralised alarm system
combining the various European systems which are already
operational, and of an alarm system for police services, and
agrees on the need to set up a crisis management centre.

1.4 Comments on the Commission Communication on Critical infra-

structure protection in the fight against terrorism

1.4.1
ture of vital

agrees fully that a terrorist attack against infrastruc-
importance, such as so-called cyber-terrorism,

2.1.1
Recommends that encouragement be given in an
institutional framework to the communication policy against
terrorism and the creation of relevant centres at local and
regional levels, given that the development of a public debate is
one of the best defences of an open democratic society against
closed terrorist organisations;

2.1.2
proposes that the participation of local and regional
authorities be sought when deciding on measures to combat
racism and xenophobia, so as to facilitate the implementation
of Community policy in this field;

2.1.3
suggests to the Council the setting-up of a European
unit responsible for policies to assist the victims of terrorism,
under the direct responsibility and competence of the European
coordinator against terrorism; this unit should play a coordi-
nating role vis-à-vis the national centres intended to provide
support and assistance to the victims of terrorist attacks and
their families, with the participation of representatives of the
local and regional authorities; and calls for appropriate funds
for this purpose to be provided from the Community budget;

proposes that an action programme be set up,

2.1.4
in
cooperation with the relevant institutional bodies of the Euro-
pean Union, to promote good neighbourhood relations with
third countries, so as to back up the Community strategic
policy of combating terrorism in the external relations field;

urges the EU in its external relations and the Member
2.1.5
States to help bring about the rapid conclusion of the Global
Convention on international terrorism promoted by the United
Nations.

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2.2 Preventing and combating the financing of terrorism through
measures to improve the exchange of information, transparency
and traceability of financial transactions

2.3.2
calls for an extension of its institutional role in the
formulation of European policy in support of civil protection
arrangements;

2.2.1
recommends the establishment of more extensive
monitoring, carried out by an independent body, of the practice
of the relevant authorities when collecting and processing the
information, and an improvement in the traceability of finan-
cial transactions;

2.2.2
reiterates in this context its invitation to the Euro-
pean Commission to present a proposal for protection and
non-disclosure of personal data in the context of the fight
against terrorism in order to protect the fundamental rights of
citizens;

2.2.3
proposes that a regulatory text should define the field
of action of the local and regional authorities as regards the
collection and structured exchange of information;

2.2.4
advocates the setting up of a specialised commission
to study attentively the establishment of national bodies
responsible for detecting, tracking down, freezing and confis-
the disparities
cating terrorist property,
between the various legal systems of the Member States, and
cooperation with other
and
national levels, and at all events recommends envisaging a way
for the courts to monitor the actions of those bodies;

taking account of

supranational

authorities

at

2.2.5
calls for there to be an explicit legal basis for the
participation of local and regional authorities in the consulta-
tive committee for research on security, and asks that the Com-
munity budget devote a specific heading to financing the
research programmes in this field.

2.3 Fight against terrorism: preparation for and management of the

consequences

2.3.1
Proposes the establishment of systematic training of
members of the civil protection services at local and regional
levels, and advocates that it should cover, in particular, the field
of support
the programme for management of
problems, analysis of crises and communication with the public
and that
training
it
programmes;

an exchange of

should include

for use of

Brussels, 12 October 2005.

2.3.3
calls for specific provision to be made for a represen-
tative of local and regional authorities to form part of the crisis
management centre;

suggests the promotion of

fully organised local
2.3.4
networks which would serve as operational centres and would
have strong alarm and coordination capacities for emergency
situations, while being able to communicate with the relevant
actors at national and supranational levels and to alert them;

the local and regional authorities of

2.3.5
reiterates its call for the setting-up of a European
Observatory for urban safety which would bring together
representatives of
the
Member States and provide the CoR and all other relevant
European institutional bodies with all information on the plan-
ning of policies, the promotion and coordination of research,
and the collection, organisation and processing of security data,
particularly through the dissemination of examples and best
practice and the building of regional and local partnerships.

2.4 Protection of critical infrastructure in the fight against terrorism

2.4.1
proposes that a commission be set up with special
responsibility for drawing up the criteria which the Member
infrastructure, and
States will propose for defining critical
requests institutional provision for the participation in it of a
representative of
for each
Member State, with the aim of assisting the establishment and
implementation of the European programme for protection of
critical infrastructure;

local and regional authorities

2.4.2
level of
advocates the establishment at national
centres for the protection of each piece of critical infrastruc-
ture, which would include representatives of the local and
regional authorities and would help to solve problems and put
forward solutions by communicating and cooperating directly
among themselves at horizontal level;

recommends that certain members of

2.4.3
the critical
infrastructure services be systematically encouraged to acquire
specialised training in the field of monitoring systems and IT
networks.

The President

of the Committee of the Regions

Peter STRAUB