Communication from the Commission to the European Parliament and the Council - Stepping up the fight against terrorism
Date: 2007-11-06
Institutions: European Commission
Subjects: cooperation policy, fight against crime, public safety, terrorism

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 6.11.2007 
COM(2007) 649 final 

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN 
PARLIAMENT AND THE COUNCIL 

Stepping up the fight against terrorism 

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COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN 
PARLIAMENT AND THE COUNCIL 

Stepping up the fight against terrorism 

I. 

The threat 

Terrorism today is international in nature. While substantial progress has been made against 
terrorist  threats  worldwide  and  in  the  EU,  there  remains  a  global  threat  from  international 
terrorism.  Terrorist  structures  continue  to  adapt  to  global  counter-terrorist  efforts.  Terrorist 
groups  can  be  scattered  in  different  countries  and  work  across  traditional  country  borders, 
exploiting the great potential of communications technologies such as the internet and mobile 
telephony  for  their  own  malicious  purposes.  The  internet  is  commonly  used  by  terrorist  for 
propaganda  communication,  training,  indoctrination,  recruitment,  and  fund-raising.  Certain 
terrorist organisations also use the Internet to plan operations and publicize claimed attacks.  

This  threat  poses  a  significant  challenge  to  the  European  Union  and  its  Member  States. 
Europol and Eurojust can – and should – play a role in addressing this threat, but cooperation 
between  the  Member  States  and  their  national  services  is  crucial.  Such  cooperation  has 
improved enormously in the last years as a result of the shared common threat.  

Terrorists  will  strike  whenever,  wherever  and  with  whatever  they  think  they  will  have  the 
most impact. Today chemical, biological, radiological and nuclear weapons exist. Apart from 
nuclear material, these are relatively inexpensive and traditional military machinery is largely 
ineffective to counter them. 

We cannot be complacent. The behaviour of the inhabitants of our cities where terrorists have 
struck in recent years is an example for us all. By remaining resilient they are continuing to 
enjoy and uphold the fundamental rights on which our societies are based while knowing that 
radical elements might be plotting an attack. We have to find a balance between being aware 
of this risk, taking adequate and proportionate measures to prevent it from materialising, and 
not  letting  it  overwhelm  our  daily  lives.  Causing  disruptions  to  society  is  a  key  aim  of 
terrorists. 

II. 

The context of EU action: key measures  

The European Union supports the Member States in facing the global threat. Protecting our 
citizens can succeed only by acting together to deal with this common concern. We should not 
expect to feel secure without taking some responsibility for providing security.  

Europe has therefore been a producer of security and can, and should, continue to do more. 
We cannot take our values and our way of life for granted – they are a delicate fabric that has 
to  be  continuously  safeguarded.  Terrorism  must  be  fought  in  full  respect  of  fundamental 
rights.  Terrorists  threaten  our  fundamental  rights.  The  Commission  is  fully  committed  to 
protecting  and  promoting  fundamental  rights.  Within  their  scope,  we  should  develop 
necessary and lawful security measures. 

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Across  the  EU  we  must  unite  against  terrorism.  We  must  work  in  solidarity.  Terrorism 
threatens us all - our security, way of life and ideals. We need a common response to a shared 
challenge.  

Terrorist threats should mostly be addressed at national level – even in the knowledge that the 
current threat is mostly international. Work at EU level complements these efforts and is built 
around  prevention,  protection,  prosecution  and  responding  if  an  attack  occurs.  These  four 
elements form the core of the EU Counter terrorism strategy, which was adopted first in 2001 
and updated most recently in December 2005. The Action Plan to implement on the strategy 
was updated last in the spring of 2007. 

Since terrorism is a global phenomenon, the EU also cooperates closely with partner countries 
and  international  organisations regarding  counter-terrorism  legislation,  law  enforcement  and 
judicial cooperation. The fight against terrorism in its various facets is a standing agenda item 
in  Justice  and  Home  Affairs  Ministerial  meetings  with  strategic  partners  and  in  other  fora 
such  as  the  UN  and  the  G8.  This  cooperation  has  notably  resulted  in  agreements  with  the 
United States and Canada on the transfer of Passenger Name Record data allowing to better 
identify terrorism treats to security, while ensuring protection of personal data. The EU is a 
major  provider  of  technical  assistance  to  third  countries  world  wide  helping  them  to 
implement the UN Security Council Resolution 1373 (2001). 

The  EU  Counter  Terrorism  Strategy  defines  the  way  in  which  the  EU  can  contribute  to  the 
fight against terrorism. Key measures identified in the Strategy include: 

•  Stopping violent radicalisation; 

•  Protecting our critical infrastructure; 

•  Improving  the  exchange  of  information  between  national  authorities  and 

cooperation between all stakeholders when appropriate; 

•  Reacting to non conventional threats; 

•  Improving the detection of threats; 

•  Depriving terrorists of financial resources; 

•  Supporting victims; 

•  Research and technological development.  

The Commission has suggested a framework in June 2006 on how to evaluate the policies in 
the  field  of  Freedom,  Security  and  Justice1.  Evaluating  counter-terrorism  policies  is 
particularly  decisive  given  the  possibility  of  changed  threat  assessments  and  the  impact  of 
policy  on  fundamental  rights  and  operation  of  markets.  The  Commission  will  continuously 
evaluate  adopted  counter-terrorism  policies  and  the  measures  put  forward  in  the  package 
adopted today. 

1 

Communication on evaluation of EU policies in the area of Freedom, Security and Justice - COM(2006) 
332, 28.6.2006. 

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1. 

VIOLENT RADICALISATION 

Understanding  the  motivations  behind  terrorist  activity  is  a  key  part  of  prevention.  The 
Commission is in the process of developing a policy on identifying and addressing the factors 
contributing  to  violent  radicalisation2.  Research  into  this  complex  area  is  important  and  the 
Commission  funds  studies,  conferences,  and  projects  to  share  experience  and  better 
understand the issue. For example studies on the factors triggering violent radicalisation, the 
ideologies of radicals and the recruiting methods used to mobilise support for terrorism have 
been commissioned this year. All these activities takes place within the context of the specific 
EU Anti-radicalisation Strategy and Action Plan. The Strategy recalls that "The Commission 
supports this through channelling its policies effectively, including through the investment of 
funds  for  research,  the  organisation  of  conferences,  support  for  education  and  inter-cultural 
engagement, and monitoring at the pan-EU level". 

2. 

CRITICAL INFRASTRUCTURE PROTECTION 

Protecting  our  critical  infrastructure,  such  as  our  roads,  railways,  bridges,  information  and 
communication  infrastructures  and  power  stations,  is  crucial.  Such  infrastructure  is  highly 
interdependent  within  the  EU  and  globally:  the  level  of  security  of  any  individual  State 
depends on the security provided by others.  

The EU adds value by establishing minimum standards for security and eliminating, as far as 
possible, weak links and vulnerabilities3. Action at EU level supports Member States, while 
respecting  the  principle  of  subsidiarity.  Ultimately  it  is  the  responsibility  of  each  Member 
State to manage arrangements for the protection of critical infrastructures within their national 
borders.  

A  proposal  for  a  general  policy  framework  on  Critical  Infrastructure  Protection  is  being 
discussed in Council and the Commission is hopeful that results will be achieved soon. This 
should allow us to focus on the assets and sectors that need greater attention.  

3. 

URBAN TRANSPORT SECURITY 

In reply to the call by EU Heads of State and Government4, the Commission has assessed how 
the  European  Community  can  best  contribute  towards  securing  European  urban  transport5 
from terrorist attacks.  

Improving  security  in  urban  transport  systems,  whilst  maintaining  a  full  and  unrestricted 
service, is extremely challenging. With very few exceptions, the equipment and infrastructure 
supporting  urban  transport  were  not  originally  selected  or  constructed  with  security 

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See for example the September 2005 Communication COM(2005) 313. 
The  Commission  adopted  on  12  December  2006  a  Communication  on  a  European  Programme  for 
Critical  Infrastructure  Protection  (EPCIP)  -  COM(2006)  786  -  and  a  proposal  for  a  Directive  on  the 
identification  and  designation  of  European  Critical  Infrastructure  and  the  assessment  of  the  need  to 
improve their protection - COM(2006) 787.  
The  Council  of  the  European  Union  –  Declaration  on  combating  terrorism  of  29  March  2004 
(Document 07906/04). 
Defined as collective passenger land transport carried out by buses, surface and underground trains and 
trams ('light railways'). 

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considerations  in  mind.  To  reach  improved  security  levels  for  European  urban  transport 
systems,  a  close  cooperation  between  Member  States  and  all  the  national  authorities  and 
operators  involved  is  necessary  at  a  European  level.  To  facilitate  such  cooperation,  the 
Commission  will  set  up  a  specific  Urban  Transport  Security  Expert  Working  Group,  which 
will work in close association with other specific workgroups set up under the general policy 
framework on Critical Infrastructure Protection. The background to this particular action can 
be found in the Annex to this Communication. 

4. 

EXCHANGE OF INFORMATION 

Exchange of information – in compliance with fundamental rights including data protection – 
is essential. The PNR proposal which is part of this package demonstrates it. Much has been 
done  by  the  Commission.  Telecom  and  internet  service  providers  now  have  to  retain  their 
data, as a consequence of the Data Retention Directive. The principle of availability has made 
its first step with the Prüm Treaty: soon, all Member States' databases on fingerprints, DNA 
and vehicle registration will be accessible to the authorities of other Member States. 

The Commission plans to fund activities aimed at making this work or making it work better. 
Agreement  has  been  reached  to  give  law  enforcement  authorities  access  to  the  Visa 
Information System (VIS) once it becomes operational. Access to the VIS will allow police 
and  other  law  enforcement  authorities,  as  well  as  Europol,  to  consult  data  in  the  Visa 
Information System. It will store data on up to 70 million people concerning visas for visits 
to, or transit through, the Schengen Area. These data will include the applicants' photograph 
and  their  ten  fingerprints.  The  VIS  will  become  the  largest  ten  finger  print  system  in  the 
world.  

All  these  developments  need  to  be  underpinned  by  a  robust  framework  on  data  protection. 
The  Council  is  expected  to  satisfactorily  conclude  its  discussions  on  the  Commission's 
proposed Framework Decision in this respect by the end of this year. 

5. 

CHEMICAL, BIOLOGICAL, RADIOLOGICAL AND NUCLEAR ("CBRN") WEAPONS 

Although  explosives  are  the  weapons  most  frequently  used  by  terrorists,  it  is  also  essential 
that we stop terrorists from having access to CBRN weapons. Some of these have the capacity 
to  infect  thousands  of  people,  contaminate  soil,  buildings  and  transport  assets,  destroy 
agriculture and infect animal populations and affect the food supply chain. A green paper on 
bio-preparedness was adopted in July 2007. 

Workshops  with  practitioners  on  law  enforcement,  health  and  science  are  being  held  to 
develop  a  guide  to  best  practices  on  preparedness  and  response.  The  challenge  is  to  bring 
together authorities active in many different fields: customs, police, the military, bio-industry, 
health communities, academic institutions and bioresearch institutes. The Commission is also 
gathering expertise in the radiological and nuclear field. The fear of dirty bombs and nuclear 
terrorism continues to trouble our society and those responsible  for its protection. Terrorists 
and other criminals have already shown an interest in this. Today’s interconnected economies 
and  societies  not  only  provide  the  basis  for  global  development  and  cooperation,  they  also 
facilitate the illicit trafficking of radioactive and nuclear materials. The Commission intends 
to submit a package of policy proposals on CBRN in early 2009. 

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6. 

DETECTION TECHNOLOGIES 

Sound,  tested,  accessible,  affordable  and  mutually  recognised  detection  technologies  are  an 
indispensable  asset  in  counter-terrorism  work.  New  technologies  should  not  just  be  the 
preserve of the terrorists. Detection tools play a crucial role in the work of security authorities. 
Working  with  the  private  sector  is  crucial  and  the  Commission  is  facilitating  this.  A  green 
paper on detection technologies was published in 2006, and the responses are in the process of 
being  analysed.  Detection  issues  also  feature  prominently  in  the  EU  Action  Plan  on 
Explosives, adopted as part of the current package. 

7. 

DEPRIVING TERRORISTS OF FINANCIAL RESOURCES 

Efforts  have  to  be  maintained,  strengthened  to  deprive  terrorists  of  financial  resources.  By 
now,  EC  legislation  is  in  place,  but  increasingly  there  is  a  need  to  address  broader  non-
legislative actions, such as transparency measures, to ensure that EU Member States have the 
tools to fight terrorist financing. The Commission is continuing to work with Member States 
to  improve  ways  of  freezing  and  confiscating  terrorist  assets  and  crime  related  proceeds,  as 
well  as  to  establish  common  minimum  training  standards  for  financial  investigators,  and  is 
promoting efficient cooperation among Financial Intelligence Units at EU level. 

8. 

VICTIMS OF TERRORISM 

The  Commission  is  committed  to  promoting  solidarity  with,  and  assistance  to,  victims  of 
terrorism. 

The  Commission  provides  financial  assistance6  to  organisations  which  represent  victims' 
interests. It has financed innovative and cross-border projects with the aim of helping victims 
get their lives back to the way they were before the terrorist attack - as much as possible. 

9. 

RESEARCH AND TECHNOLOGICAL DEVELOPMENT 

In  2004  the  Commission  launched  a  three-year  “Preparatory  Action  for  Security  Research 
(PASR)”  in  the  field  of  Security  Research.  With  three  annual  budgets  of  € 15  million,  the 
Preparatory Action was a first step towards a new Security theme in the 7th RTD Framework 
Programme (FP7). 

Under  PASR,  39  projects7  have  been  funded.  Building  on  PASR,  the  7th  RTD  Framework 
Programme (FP7, 2007-2013) saw a substantial increase of the budget for Security Research 
to 1,4 billion € including covering topics such as the detection of explosives, the protection 
against CBRN terrorism, crisis management and the protection of critical infrastructure. 

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Council Decision of 12 February 2007 establishing for the period 2007 to 2013, as part of the General 
Programme on Fundamental Rights and Justice, the Specific Programme ‘Criminal Justice’. 
A description of the 39 PASR research projects, including final and intermediate results, can be found 
on: http://ec.europa.eu/enterprise/security/articles/article_2007-02-23_en.htm 

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In parallel, a European Security Research and Innovation Forum (ESRIF) has been created8. 
ESRIF will build on the work already done by the Group of Personalities9 and the European 
Security Research Advisory Board (ESRAB)10. 

The  objective  of  the  ESRIF  is  to  support  civil  security  policy-making  with  the  appropriate 
technology and knowledge base by establishing a mid- and long-term Joint Security Research 
Agenda  that  will  involve  all  European  stakeholders  from  both  the  supply  and  the  demand 
sides. This agenda should contain a research roadmap based on the future needs of the public 
and private end-users and the state-of-the-art security technologies. 

The  Joint  Security  Research  Agenda  will  aim  to  be  the  reference  document  for  security 
research  programming  for  the  next  coming  years,  at  national,  regional  and  industrial  level, 
taking into account the research that will be carried out at European level as decided in the 7th 
RTD  Framework  Programme.  The  Commission  will  ensure  that  the  necessary  links  will  be 
established  between  the  different  counter-terrorism  activities  and  the  appropriate  ESRIF 
Working Groups. 

III.  A new package of proposals: stepping up the fight against terrorism  

The different elements of the package all respond to clear calls for action by the Commission 
–  mostly  from  the  European  Council  or  JHA Council  meetings.  The  measures  proposed  are 
the  result  of  carefully  prepared  work  involving  extensive  consultations  with  stakeholders, 
including  member  States  representatives,  NGOs  and  other  public  and  private  bodies.  The 
recent foiled attacks in Germany, Denmark and Austria serve to remind us all that the terrorist 
threat  is  unfortunately  still  real  and  that  further  measures  are  required.  In  addition  to 
implementing  the  EU  Counter-terrorism  strategy,  the  measures  envisaged  also  contribute  to 
the  implementation  of  the  general  United  Nations  Global  Counter-terrorism  strategy,  as 
adopted by the General Assembly in September 2006.  

This security package aims to improve the security of Europe and face the terrorist threat by: 

•  Dealing  with  those  who  support  terrorism.  The  dissemination  of  terrorist 
propaganda, 
terrorism,  circulation  of 
terrorists,  financing  of 
information on bomb-making and explosives and public provocations to commit 
terrorist  offences  should  be  recognised  as  crimes  and  subject  to  appropriate 

training  of 

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The creation of ESRIF was announced in the Commission Communication on a public/private dialogue 
in the field of European security research and innovation - COM(2007) 511, 11.9.2007. 
The  ‘Group  of  Personalities’  (GoP)  was  set  up  in  2003.  In  its  final  report  (Research  for  a  Secure 
Europe:  Report  of  the  Group  of  Personalities  in  the  field  of  Security  Research,  15  March  2004, 
http://ec.europa.eu/enterprise/security/doc/gop_en.pdf.), the GoP recommended the launch of a security 
research theme in FP7 with a minimum threshold of € 1 billion per annum as well as the creation of the 
‘European Security Research Advisory Board’ (ESRAB). 
The ESRAB Board was created by Commission Decision 2005/516/EC on 22 April 2005 and published 
its final report on 22 September 2006. It recommends that multidisciplinary mission-oriented research 
should  be  undertaken.  It  should  combine  end-users  and  suppliers  in  project  definition  and  execution. 
The  report  identified  a  number  of  areas,  including  security  of  infrastructures,  to  stimulate  innovation 
and  improve  the  use  of  research  in  procured  products  and  services.  Finally,  the  ESRAB  report  also 
suggested ‘the creation of a European Security Board (the later ESRIF), to foster greater dialogue and a 
shared  view  of  European  security  needs.  The  board  should  bring  together,  in  a  non-bureaucratic 
manner, authoritative senior representatives from the public and private communities to jointly develop 
a  strategic  security  agenda  and  act  as  a  possible  reference  body  for  the  implementation  of  existing 
programmes and initiatives’. 

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criminal  penalties  across  the  European  Union.  The  proposed  amendment  of  the 
2002  Framework  Decision  will  ensure  that  all  Member  States  define  these 
activities as crimes and apply criminal sanctions, including imprisonment, to their 
perpetrators.  The  European  Arrest  and  Evidence  Warrants  will  also  have  to  be 
used to the full for this purpose. 

•  Practical  action  to  stem  the  use  of  explosives.  A  large  number  of  different 
actions  will  be  pursued  aimed  at  making  it  more  difficult  for  terrorist  to  have 
access to explosives or precursors to explosives and to enhance the tools available 
to law enforcement authorities to prevent terrorist attacks using explosives, either 
commercial  or  improvised.  This  includes  rapid  alert  systems  on  lost  and  stolen 
explosives  and  suspicious  transactions,  a  network  of  experts  on  bomb-disposal 
and de-activation, and the vetting of personnel involved in the explosives industry. 
Co-operation between the public and private sectors is crucial.  

•  Establishing a European system for the exchange of Passenger Name Records 
("PNR").  Member  States  must  collect  these  records,  process  them  and,  where 
appropriate,  exchange  them  with  others.  PNR  has  been  associated  mostly  with 
negotiations outside the EU in particular the United States. The Union is at least 
as  much  a  potential  target  as  the  United  States.  Passenger  Name  Records  are 
important because past experience shows that many terrorist  plots  involve  travel 
between the EU and a third country at some stage.  

•  The  Commission  is  also  adopting  its  report  on  the  implementation  of  the 
present  Framework  Decision  on  terrorism.  Member  States  need  to  act  more 
decisively to put the regime adopted in 2002 into their law to support the work of 
their police forces, prosecutors and judges.  

Conclusion 

We  must  continue  to  work  at  EU  level  to  counter  the  threat  of  terrorism,  while  also  duly 
developing the external dimension of this policy. There is no choice but to do so due to the 
international and cross border nature of the threat and common interests across the EU as a 
result of successful EU development. The EU adds value by supporting Member States and 
addressing cross border issues. It is the Member States which are ultimately responsible for 
protecting their citizens. Security policy must both seek to protect EU citizens and go hand in 
hand with respecting fundamental rights. Terrorism is a multifaceted and complex challenge. 
Work  at  EU  level  therefore  seeks  to  address  all  aspects  of  the  challenge  -  prevention, 
protection, prosecution and responding if an attack occurs. The current package demonstrates 
the  European  Commission's  commitment  to  continue  addressing  these  challenges  and  puts 
another building block in place to strengthen our defences against terrorism. 

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ANNEX: Tackling Urban Transport Security 

Urban  transport  is  highly  complex,  involving  numerous  transport  providers,  local  service 
industries  and  millions  of  daily  passengers.  It  is  easily  accessible,  with  multiple  stops  and 
interchanges. In terms of security, there is generally no passenger screening and little, if any, 
access  control.  In  addition,  there  is  a  wide  variation  in  terms  of  threat  assessment  and 
vulnerability  of  different  transportation  modes.  The  result  of  this  complexity  means  that  a 
"one size fits all" approach to security is not appropriate.  

Currently,  security  for  urban  transport  is  provided  by  transport  operators,  and  local  and 
national authorities. Whereas European measures are in place for aviation, maritime transport 
and  international  transport  of  goods,  no  comparable  measures  exist  for  urban  transport.  In 
addition, whereas aviation and maritime transport measures can build on rules established in 
international  organisations,  neither  international  organisations  nor  rules  exist  for  urban 
passenger transport. 

As  indicated  under  point  3  of  this  Communication,  the  Commission  will  set  up  an  Urban 
Transport  Security  Expert  Working  Group  to  deal  with  these  issues.  This  will  enable  an 
exchange  of  best  practice  and  lessons  learnt  –  positive  and  negative  –  in  four  key  areas: 
organisational  measures;  surveillance  and  detection;  more  resilient  equipment  and 
installations;  and  incident  management.  In  the  longer  term,  this  could  lead  to  commonly 
agreed security criteria and benchmarks, allowing authorities and operators to carry out self-
assessments and to develop security plans. 

The  Commission  invites  each  Member  State  to  nominate  a  national  Focal  Point  who  will 
facilitate the work of the Urban Transport Security Expert Working Group, ensuring its clarity 
of purpose and the consistency of national contributions, as well as monitoring progress. The 
Focal  Point  should  be  a  representative  of  the  Member  State's  appropriate  transport  security 
authority. 

Member  States,  authorities  and  operators  alike  are  encouraged  to  introduce  and  test  new 
security  concepts,  technologies  and  hardware  and  software  solutions.  All  the  lessons  learnt 
can  be  of  greater  benefit  to  the  Community  if  they  are  shared  through  the  Urban  Transport 
Security  Expert  Working  Group  and  a  European  technology  ledger  or  through  on-the-job 
learning initiatives as a result of cooperation between operators. In addition, the Commission 
will  establish  a  permanent  list  of  on-going  publicly-financed  research  and  development 
projects in this area, encouraging a special emphasis on human factors and new technologies. 
Representatives  will  be  encouraged  to  get  involved  and  identify,  where  appropriate,  new 
security-related research needs.  

Finally,  the  Commission  will  take  appropriate  steps  to  encourage  that  EU  funded  urban 
transport projects contain, where deemed necessary, an adequate security dimension. 

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