COMMISSION STAFF WORKING PAPER Taking stock of EU Counter-Terrorism Measures   Accompanying document to the   COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL  The EU Counter-Terrorism Policy: main achievements and future challenges
Date: 2010-07-20
Institutions: European Commission
Subjects: United States, approximation of laws, cross-border cooperation, drafting of EU law, exchange of information, fight against crime, financing method, public safety, terrorism

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EUROPEAN COMMISSION 

Brussels, 20.7.2010 
SEC(2010) 911 final 

COMMISSION STAFF WORKING PAPER 

Taking stock of EU Counter-Terrorism Measures 

Accompanying document to the 

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN 
PARLIAMENT AND THE COUNCIL 

The EU Counter-Terrorism Policy: 
main achievements and future challenges 

{COM(2010) 386 final} 

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   EN 

 
 
 
  
 
 
 
 
 
 
 
COMMISSION STAFF WORKING PAPER 

Taking stock of EU Counter-Terrorism Measures 

Accompanying document to the 

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN 
PARLIAMENT AND THE COUNCIL 

The EU Counter-Terrorism Policy: 
main achievements and future challenges 

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2 

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TAKING STOCK OF EU COUNTER-TERRORISM MEASURES  
This document provides more detailed information on the main EU level measures (legislation, policy measures) which are specifically aimed at fighting terrorism in the EU. It is 
complementing the Commission's Communication on the Internal Dimension of the EU Counter-Terrorism Policy: main achievements and future challenges (COM (xxx) ……final). 
Area 

Instrument/Measure & Objectives 

Comments 

Implementation/Key  actions  &  achievements/ 
Specific evaluations 

1. PREVENT: 

1.1. Addressing Radicalisation and Recruitment leading to terrorism: 

1.1.1. Legislation:  

Council Framework Decision (FD) 2008/919/JHA of 28 
November  2008  amending  FD  2002/475/JHA1  ensures 
EU-wide  criminalisation  by  approximating  the  national 
provisions on: 
- public provocation to commit a terrorist offence,  
- recruitment for terrorism and  
- training for terrorism.  

Deadline for transposition is 9 Dec. 2010. 

In 2010 COM will organise one or two expert meetings 
to  exchange  experiences  and  discuss  issues  related  to 
the transposition/implementation of the FD. 

1.1.2. Policy measures:  Council  strategy  and  action  plan  on  radicalisation  and 

recruitment (2005/8): 
-  to  disrupt  the  activities  of  networks  and  individuals 
who draw people into terrorism,  
-  to  ensure  that  voices  of  mainstream  opinion  prevail 
over those of extremism and  
-  to  promote–yet  more  vigorously–security,  justice, 
democracy and opportunity for all. 

The  subsequent  Action  Plan  (AP)  updated  under  SE-
Presidency covers the following issues/areas: 

Initiation of 7 "work-streams" by CTC: 
-  Handbook  on  preventing  radicalisation  in  prisons 
(AU,DE,FR); 
- Work-stream on media and strategic communication 
(UK); 
-  Work-stream  on  imam-training  (ES-event  planned 
for the first quarter of 2010)  
- Work-Stream on community policing (BE/SE) 
-  Work-Stream  on  the  role  of  local  authorities  in 
preventing radicalisation (NL).  
- Work-Stream on prevention of radicalisation leading 
to  violence  and  disengagement  particularly  among 
young people (DK).  

OJ L 330/21. 
The 
http://www.rikcoolsaet.be/files/art_ip_wz/Expert%20Group%20Report%20Violent%20Radicalisation%20FINAL.pdf.  
The Studies are available at: http://ec.europa.eu/justice_home/fsj/terrorism/prevention/fsj_terrorism_prevention_prevent_en.htm. 

"Radicalisation 

processes 

entitled 

leading 

report 

acts 

of 

to 

is 

terrorism" 

for 

the 

As 
the 
deadline 
transposition  of  this  FD  has  not 
yet expired, it is still too early to 
assess its practical impact. 

The 
the 
implementation  of 
strategy  is  subject  to  regular 
reporting  by  the  CTC.  COM 
funds  five  of  the  seven  work-
stream  projects 
the 
ISEC-programme.  They  aim  at 
facilitating the exchange of good 
practice 
the 
levels  of 
approximation  of 
experience within EU-MS 

through 

thus 

and 

In  an  ISEC-funded  project  a  list 
of  media  platforms  (a  list  of 

and 

is 

available 

at: 

3 

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1 
2 

3 

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A. Reducing the threat by:  
•  effectively addressing grievances; 
• 

research 

and 

improving 
radicalisation; 

analysis 

concerning 

-  "Exploring  the  Islamist  Extremist  Web  of  Europe  – 
Analysis  and  Preventive  Approaches"  (DE,  NL,  UK, 
CZ).  Project  has  been  finalised  in  October  2009  and 
has contributed to the Public-private dialogue initiated 
by COM in November 2009 (1.2.2.) 

portals 

relevant  websites,  blogs  and 
the 
in 
information 
southern  Mediterranean 
for 
media  outreach  activities)  has 
been established4. 

•  empowering mainstream voices 
• 

increasing  the  capacity  of  citizens  to  challenge  violent 
extremists 
improving communication strategy; 

• 
•  promoting dialogue 

B. Adapting the response by: 
•  closer internet monitoring 
•  early detection of networks 
•  enhancing information exchange 
•  better training for law-enforcement and other staff 
• 
focus on places of radicalisation 
•  updating of the legal framework 
•  assistance to third countries 
• 
international cooperation. 

ENER work is ongoing and looks 
promising  with  regard  to  future 
policy development in this area 

-  In  2008  a  new  European  Network  of  Experts  on 
Radicalisation  (ENER)  was  set  up  by  COM  and 
became  operational  in  2009.  ENER  serves  as  a 
provider of expertise for the COM and policy-makers 
in  the  MS  to  gather  and  critically  assess  knowledge 
and  expertise  on  the  subject.  A  website  which  is  to 
inform  on  activities  in  countering  radicalisation  and 
facilitating  communication  is  planned  to  be  launched 
soon. COM will continue its work in providing the MS 
with  fora  to  discuss  policy  tools,  tap  into  academic 
knowledge  networks 
to  develop  fact-based  new 
approaches and to enhance cooperation 

Expert  Group  on  Violent  Radicalisation  was  set  up  by 
COM in 2006 and produced a report in 2008 on the state of 
play of academic research in the field.  

The  Expert-group  report  was  shared  with  the  MS  in 
September  20082  and  provides  a  good  overview  and 
informed the subsequent setting-up of ENER  

Four comparative studies were contracted out by COM 
and published in Sept. 2008  

The studies focus on: 
• 

the  factors  that  may  possibly  trigger  or  affect 
violent 
radicalisation  processes,  particularly 
among youth; 
the  beliefs,  ideologies  and  narrative  of  violent 
radicals; 
through  which  violent  radicals 
the  methods 
mobilise  support  for  terrorism  and  find  new 

• 

• 

still 

The  studies  are  of  high  quality 
valid 
and 
suggestions for policy-making in 
the field. 

contain 

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EN 

www.mmc2000.net/darmed_archivio.php?tipo=2&lettera=p&pg=1), 
www.miramedia.nl/media/files/Media%20and%20diversity%20in%20 Europe%202008.pdf. 

see 

also 

the 

Council 

of 

Europe 

project: 

4 

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Fighting  radicalisation  and  terrorism  in  cooperation 
with partner-countries and International organisations.  

COM contributes to EU-cooperation with partner countries 
and international organisations regarding CT- and counter-
radicalisation work which is also a standing agenda item in 
JHA- Ministerial meetings with strategic partners (Troikas) 
and in other fora such as the UN and the G8. 

recruits; 

•  best  practices  in  cooperation  initiatives  between 
authorities  and  civil  society  with  a  view  to  the 
prevention of and response to violent radicalisation 
3 

-  Participation  in  the  G8  Terrorism  practitioner's 
Group 

-  An  EU-US  seminar  on  preventing  radicalisation 
leading to terrorism took place on 16/17 June 2010 

1.2 Use of the Internet for terrorist purposes 

1.2.1. Legislation 

Council FD 2008/919/JHA of 28 November 2008 amending 
FD 2002/475/JHA5  

Deadline for transposition is 9 Dec. 2010 

See 1.1.1. 

1.2.2. Policy measures 

- supporting MS-cooperation to counter the use of Internet 
for terrorist purposes more efficiently 

DE-project "Exploring the extremist Islamist web of 
Europe  -  Analysis  and  preventive  approaches",  co-
financed  by  COM,  mapped  Islamist  extremist 
websites  of  Europe  and  studied  possibilities  of  co-
operation  with  internet  providers  and  presented  a 
catalogue of best practices in this area. 

The  DE-project  has  produced  an 
interesting,  however  restricted 
report  which  has  contributed  to 
the 
initiative  of  a  European 
Agreement Model with ISPs 

-  increasing  cooperation  with  the  private  sector  –  in 
particular internet service providers (ISPs) – in order to in 
order to develop a European Agreement Model allowing for 
smooth  cooperation  between  law  enforcement  and  internet 
industry  in  the  fight  against  illegal  use  of  the  internet, 
including the use of the Internet for terrorist purposes (DG JLS 
F1 and F2, DG INFSO) 

COM  organised  a  conference  on  27  Nov.  2009  to 
launch  the  platform  for  reinforced  dialogue 
between  law  enforcement  and  internet  industry. 
Follow-up  in  2010  in  order  to  develop  a  European 
Agreement Model (first draft of a set of principles on 
public  private  cooperation  to  fight  online  illegal 
activities will be presented in spring 2010). 

- increasing monitoring of terrorist activities in the WWW. 
The  "Check  the  web"  (CTW-)  is  a  portal/data-base  run  by 

Europol  implemented  the  2nd  phase  of  CTW  by  the 
end of 2009:  

There  is  strong  support  for  the 
this  public 
continuation  of 
all 
private 
stakeholders involved.  

dialogue 

by 

5 

OJ L 330/21. 

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5 

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Islamist  extremist  websites  and 

Europol  of 
relevant 
translations and analysis to be shared among law-enforcement 
authorities  from  EU-MS.  It  can  thus  provide  key  information 
to  understand  terrorist  trends,  anticipate  terrorist  actions  and 
prevent attacks. 

Exploring  policy  measures  on  enhancing  law  enforcement 
authorities'  capacities  and  expertise  to  counter  the  use  of 
the  Internet  for  terrorist  purposes  (through  adequate 
training,  the  support  of  experts  and  efficient  equipment, 
software tools).  

-  Additional  technical  enhancements  have  been 
included in the portal, like storage of audio and video 
files, accreditation up to EU RESTRICTED, etc. 

-  CTW  was  moved  in  the  environment  of  an 
Analysis  Workfile  (AWF)  to  allow  the  storage  of 
personal  data.  Consequently  the  possibility  to  store 
Europol  and/or  MS  assessment  was  implemented  as 
well with the deployment of the new portal. 

On the operational side, a UK investigation that was 
supported by the CTW team led to the conviction of 
a suspect.  

In order to achieve these goals, COM has contracted 
two studies in 2009 under the ISEC-Programme: 

•  on  non-legislative  measures 

the 
distribution  of  violent  radical  content  on  the 
Internet and  

to  prevent 

•  on  methodologies  or  adapted  technological  tools 
to efficiently detect violent radical content on the 
Internet. 

1.3. Access to terrorist financing (Countering the financing of Terrorism)6 

1.3.1. Legislation: 

Third  Money  Laundering  Directive  of  26  October  20057 
(AML-Directive)  which  expressly  extends  the  scope  of  the 
EC  money  laundering  regime  to  terrorist  financing  and 
requires 
remittance 
registration/licensing  of  alternative 
systems.(DG MARKT) 

Regulation on controls of cash entering or leaving the EU 

The great majority of EU-MS have implemented the AML-
Directive  and  communicated  their  respective  legislation. 
DG  MARKT  initiated  infringement  proceedings  against 
Member States which failed to do so. 

(in 

co-
DG  MARKT 
operation with DG JLS) has 
just awarded a contract to an 
to 
external 
consultant 
the 
conduct  a  study  on 
application  of 
the  AML 
Directive. 

6 
7 

EN 

This topic is often addressed under the "Pursue-strand" of the CT-Strategy although it primarily makes reference to preventative measures. 
Directive 2005/60/EC of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing, OJ L 309/15. 

6 

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of  26  October  2005  requiring  a  declaration  of  cash  or 
equivalent in excess of €10.000 entering or leaving the EU 8 
which is applicable in MS as of 15 June 2007.  

Regulation on Funds Transfers adopted 25 October 2006 
the  Financial  Action  Task  Force  (FATF) 
implements 
international  standard  (Special  Recommendation  VII)  to 
ensure 
information  accompanies  wire 
transfers (or is at least available on request9). 

identifying 

that 

Payments  Services  Directive  of  13  November  200710was 
adopted  implementing  FATF  Special  Recommendation  VI 
on  alternative  remittances  and  entered 
in 
December  2007.  The  Directive,  which  had  to  be  transposed 
by  1  November  2009,  seeks  to  harmonise  the  regulatory 
requirements  for  carrying  on 
the  business  of  money 
remittance. 

into  force 

Council Regulation EC 881/2002 implemented at EU-level 
UN  Security  Council  Resolution  1390  on  the  freezing  of 
terrorist  assets,  which  sets  out  a  sanctions  regime  to  cover 
individuals and entities associated with Al-Qaida, Osama bin 
Laden  and/or  the  Taliban.  The  annex  of  this  Regulation  is 
continuously  adapted 
level. 
Following  the  ECJ  judgment  in  the  Kadi/Al  Barakaat  case 
Council Regulation (EU) No. 1286/2009 of Dec. 2009 has 
modified  Regulation  881/2002  to  take  account  of  the 
fundamental rights of persons and entities listed as required 
by the.  

to  developments  at  UN 

the 

in  striking 

In 
light  of  ECJ-
judicature  there  is  a  big 
challenge 
the 
right  balance  between  due-
process  and  the  need  for 
effective  implementation  of 
the  freezing  provisions  at 
UN as well as at EU-level. 

1.3.2. 

Policy 

Implementation  of  the  Revised  Strategy  on  Terrorist 

Ongoing 

activity. 

The 

8 
9 
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EN 

Regulation (EC) No 1889/2005 of 26 October 2005 on controls of cash entering or leaving the Community, OJ L 309/9. 
Regulation (EC) No 1781/2006 of 15 November 2006 on information on the payer accompanying transfers of funds, OJ L 345. 
Directive  2007/64/EC  of  13  November  2007  on  payment  services  in  the  internal  market  amending  Directives  97/7/EC,  2002/65/EC,  2005/60/EC  and  2006/48/EC  and 
repealing Directive 97/5/EC, OJ L 319. 

7 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                                                                                                                                                                                                                    
Measures: 

Financing in particular: 

-  improving  cooperation  of  the  Financial  Intelligence 
Units (FIU's) at EU level,  

- investigating the risk of an abuse of new and alternative 
payment  systems  (payments  via  the  internet,  prepaid 
stored value cards, mobile payments) by terrorists.  

-  preventing  abuse  of  non-profit  sector/organisations 
(NPO) for terrorist financing purposes. 

implementation 
the 
strategy is subject to regular 
reporting by the CTC. 

of 

The  currently  COM-funded  FIU  platform  meets  regularly 
in Brussels, chaired jointly by DG MARKT and DG JLS. 
22  MS  participate  currently  in  FIU.net,  a  common  data 
base  for  direct  information-exchange  between  FIUs.  New 
funding  decision  FIU.net  will  probably  be  taken  in  Mar. 
2010. 

A  study  commissioned by  COM  was finalised  in 2009. In 
addition,  COM  actively  participates  in  the  new  FATF 
project  team  on  new  and  alternative  payment  methods, 
where  the  practical  and  actual  abuse  of  these  methods  is 
assessed.  Under  ISEC  2010:  a  study  on  alternative  /new 
payment  systems,  like  stored  value  cards  or  payment 
methods  used  on  the  internet,  and  the  possibilities  and 
experience  regarding  their  abuse  for  terrorist  financing 
purposes (€ 150 000) 

Under ISEC 2009: Establishing an EU NPO Observatory 
feasibility study on mapping out which actors and through 
which tools and steps could create an NPO Observatory in 
the  EU  that  would  launch  projects  enhancing  NPO 
capacities  against  financial  criminal  or  terrorist  financing 
abuse (€ 100.000); 

On  the  basis  of  COM  communication  on  NPOs  (Nov. 
2005) which built on the Special Recommendation VIII of 
the Financial Action Task Force (FATF)). In April 2008, a 
first COM funded study provided an insight into the extent 
and  forms  of  financial  crime  present  in  the  NPO-sector 
including  terrorist  financing.  Another  study,  finalised  in 
Feb.  2009,  maps  public  and  self-regulatory  transparency 
and accountability initiatives in the non-profit sector in the 
EU.  Based  on  these  studies  and  in  accordance  with  the 
Stockholm  Programme,  COM  currently  examines  the 
possibility  of  drafting  voluntary  guidelines  for  NPOs  to 
address the threat of a potential abuse of NPOs for terrorist 

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Cooperation with third countries 

2. Protect 

2.1. Protection of Critical Infrastructure 

2.1.1. Legislation: 

Council  Directive  2008/114/EC  of  8  December  2008  on 
the  Identification  and  Designation  of  European  Critical 
Infrastructure  (ECI)  and  the  assessment  of  the  need  to 
improve their protection11. 

financing purposes.  

There  is  a  regular  dialogue  with  key  strategic  partners  on 
countering  the  financing  of  terrorism  (CFT).  For  example 
with  the  US,  troika  meetings  on  terrorist  financing  take 
place  twice  per  year  and  there  is  also  a  yearly  EU  US 
workshop  for  practitioners  on  CFT.  Another  important 
international  dimension  is  given  by  active  participation  in 
meetings of relevant international organisations, such as the 
Financial  Action  Task  Force  on  Money  Laundering  and 
Terrorist  Financing,  the  global  standard  setter  in  the  CFT 
field.  

Transposition deadline is 12 Janunary 2011. 

The identification and designation process described in the 
Directive  will  take  place  through  a  cooperative  effort 
between the relevant MS and the COM. The Directive also 
requires  that  designated  owners/operators  of  ECI  prepare 
Operator  Security  Plans  (an  advanced  business  continuity 
plan)  and  designate  Security  Liaison  Officers  (linking  the 
owner/operator  with  the  national  authority  responsible  for 
critical infrastructure protection). Under the Directive, each 
MS shall in addition inform the COM at a generic level of 
the  threats,  vulnerability  and  risks  present  in  particular 
critical infrastructure sectors. 

the  need 

The 
be 
directive  will 
reviewed  in  the  course  of 
2012,  to  assess  its  impact 
include 
and 
its 
other 
the 
scope 
and 
Information 
Communication Technology 
(ICT) sector.  

sectors  within 
inter  alia 
- 

to 

Council  Framework  Decision  on  attacks  against 
information systems (200/222/JHA) 

An update is in preparation. 

11 

OJ L 345, 23.12.2008, p. 75–82. 

EN 

9 

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2.1.2. Policy Measures  European Program for Critical Infrastructure Protection 

(EPCIP)12 

Road  map  for  the  creation  of  a  European  Reference 
Network  for  Critical  Infrastructure  Protection  (ERN-
CIP) is currently prepared by DG JLS with the JRC .  

Proposal 
for  Critical  Infrastructure  Warning  and 
Information  Network  (CIWIN).  CIWIN  will  facilitate  the 
exchange of information on Critical Infrastructure Protection 
within  the  EU.  CIWIN  will  be  a  secure  voluntary/opt-in 
multi-level communication system dedicated to the exchange 
of CIP ideas, studies and best practices. 

ERN-CIP is part of the EPCIP and aims at linking together 
existing  laboratories  and  facilities  in  the  EU  in  order  to 
carry out CIP related security experiments as well as tests 
of new technology, such as detection equipment.  

CIWIN  is  part  of  EPCIP.  COM  has  adopted  the  proposal 
for  a  Council  decision  on  CIWIN  in  autumn  2008.  The 
CIWIN  pilot  phase  will  be  launched  in  the  first  half  of 
2010. A decision on possible follow-up for the system is in 
preparation in the course of 2010. 

Critical 

cyber-attacks 

COM-Communication 
Information 
on 
Infrastructure Protection: "Protecting Europe from large 
scale 
enhancing 
preparedness,  security  and  resilience"13  following  the 
JHA-Council  Conclusions  on  a  'Concerted  Work  Strategy 
and  Practical  Measures  Against  Cybercrime'  adopted on  the 
27/28 Nov.2008.14 

disruptions: 

and 

In  a  first  preparatory  phase 
of  12  months  a  task  force 
will  carry  out  a  feasibility 
study  on  which  basis  a 
decision  will  be 
taken 
whether  the  project  should 
the 
into 
enter 
implementation phase. 

A review of the usage of the 
system is foreseen for 2010 

of 

Implementation 
the 
Action  Plan  adopted  as  part 
of  the  CIIP  communication 
is ongoing. 

Developing  an  external  dimension  and  partner-
cooperation with third countries under the CIP 

COM  and  the  ES-EU-Pres  organised  the  first  EU-US 
expert  meeting  on  Critical  Infrastructure  Protection  in 
Madrid on 4-5 March which constituted the opening event 
for the future EU – US cooperation process in the field of 
CIP. 

12 
13 
14 

COM (2006) 786 final. 
COM/2009/149 final of 30 March 2009. 
Council Document 15569/08 

EN 

10 

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2.2. Aviation and Maritime transport security 

2.2.1. Legislation: 

-  Regulation  2320/2002  established  a  framework  for 
numerous  technical  detection  standards  in  the  field  of 
aviation  security.  It  will  be  fully  repealed  by  Regulation 
300/2008  on  common  rules  in  the  field  of  civil  aviation 
security  as  of  29  April  2010.  Regulation  300/2008  and  its 
detailed 
implementing 
requirements  for  staff  qualifications  and  security  training 
requirements,  including  updates  on  terrorist  and  threat 
information.  This  will  also  create  a  new  framework  for 
existing and new detection methods where work is ongoing, 
such  as  on  liquid  explosives,  trace  detection  and  the  use  of 
explosives detection dogs (DG MOVE).  

even  more 

introduce 

acts 

Regulation  300/2008  will 
fully 
repeal  Regulation 
2320/2002  as  of  29  April 
body 
2010. 
of 
The 
implementing 
legislation, 
based  on  2320/2002,  is  in 
the  final  stages  of  revision, 
and  will  in  principle  enter 
force also on 29 April 2010 

- Regulation 725/2004 transposed the International Ship and 
Port Facility Security Code into European law (DG MOVE); 

- AGREEMENT between the European Community and 
the  United  States  of  America  on 
intensifying  and 
broadening  the  Agreement  on  customs  cooperation  and 
mutual  assistance 
include 
cooperation  on  container  security  and  related  matters  of  30 
September 2004 (OJ L 304/34); 

in  customs  matters 

to 

-  Directive  2005/65/EC  on  enhancing  port-security  set  out 
measures to establish a security system for all port areas (DG 
MOVE); 

An evaluation report of the transposition has been produced 
– see COM (2009) 2 final. 

lays  down 

revised  procedures 

-  Commission  Regulation  (EC)  No  324/2008  of  9  April 
2008 
for  conducting 
Commission  inspections  in  the  field  of  maritime  security, 
while a Commission Decision of 23 January 2009 amended 
Regulation (EC) No 725/2004 in relation to the IMO Unique 
Company  and  Registered  Owner  Identification  Number 

More  than  400  inspections  have  been  carried  out  by 
Commission inspection teams at administrative authorities, 
maritime companies, recognised security organisations and 
ports and port installations. 

EN 

11 

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Scheme (DG MOVE). 

2.2.2. 
Measures: 

Policy 

COM started in 2010 a debate and exchange of best practices 
on  the  detection  of  explosives  in  the  Expert  Group  on 
Urban Transport Security. 

In  order  to  provide  practical  information  for  detection 
personnel,  a  tender  for  a  practitioner  (end-user)  focused 
handbook  (classified  at  appropriate  level)  is  foreseen 
under the ISEC program. 

2.3. Access to explosives 

Deadline for transposition is 9 Dec. 2010 

See 1.1.1. 

2.3.1. Legislation: 

-  Council  FD  2008/919/JHA  of  28  November  2008 
amending  Framework  Decision  2002/475/JHA  ensures 
EU-wide  criminalisation  of  providing  instructions  (incl. 
through  the  internet)  to  make  or  use  explosives, firearms  or 
the  purpose  of 
noxious  or  hazardous  substances  for 
committing a terrorist act. It also entails the approximation of 
penalties  for  distributing  bomb  making  experience  over  the 
Internet.  Proper  implementation  needs  to  be  ensured  and 
promoted (see 1.1.1) 

- Directive 76/769/EEC imposes limitations on the access of 
the general public to highly concentrated ammonium nitrate 
in fertilisers which can be misused for producing improvised 
explosive devices (DG ENTR). 

-  Council  Directive  93/15/EEC  of  5  April  1993  on  the 
harmonisation of the provisions relating to the placing on 
the  market  and  supervision  of  explosives  for  civil  uses 
seeks  to  ensure  that  each  MS  has  formal  systems  for 
authorising,  regulating  and 
the  manufacture, 
storage, sale, use and possession of explosives including by 
private  persons.  Its  proper  implementation,  incl.  adequate 
approach to private persons needs to be ensured (DG ENTR). 

licensing 

-  COM-Directive  2008/43/EC  setting  up,  pursuant  to 
Council  Directive  93/15/EEC, 
the 
identification and traceability of explosives for civil uses was 
adopted in April 2008, with transposition by April 2009 and 

system 

for 

a 

A practical tool for enhancing traceability in cross-border, 
intra-EU transport is now in the final stage of development 
and  deployment  (extending  existing  system)  as  a  project 
led  by  Spanish  company  INDRA  with  the  backing  of 

EN 

12 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
application  from  April  2012.  Its  objective  is  to  ensure  the 
identification  and  tracing  of  explosives.  This  will  reduce 
unauthorised access incl. during transport. (DG ENTR) 

Guardia Civil and supported by COM-funding ("Explosives 
Control and Protection System to Prevent and Fight against 
Terrorism" (SCEPYLT)).  

2.3.2. 
measures: 

Policy 

The 'EU Action Plan for the Enhancement of the Security 
of Explosives' was adopted by the Council in April 2008. 15 
It contains a list of ca. 50 measures to enhance the security of 
explosives,  arranged  along 
the  strands  of  prevention, 
detection  and response,  as well  as  horizontal  measures.  The 
priorities include: 
•  development  of  a  European  Bomb  Data  System 
(EBDS)  for  the  exchange  of  information  incidents 
involving  explosive  devices,  incendiary  devices  and 
CBRN by EUROPOL to be available 24/7 for competent 
MS government services; 

•  establishment  of  an  Explosives  Ordnance  Disposal 
units  network  (EEODN)  with  structured  exchange  of 
information and  

15 
16 
17 
18 

Council Document 8311/08 (adopted by the Council in April 2008). 
Council Document 11056/09. 
Council Document 8109/08. 
CBRN stands for "Chemical, Biological, Radiological and Nuclear". 

In  June  2009  COM  presented  an  interim  report16  on  the 
implementation  of  the  Action  Plan  on  Enhancing  the 
Security of Explosives17.  

The  EU-AP  on  Explosives 
is  a  major  achievement.  Its 
implementation  progresses 
swiftly and as scheduled. 

The rollout of the EBDS including data on incidents related 
to  explosives, 
improvised  explosive  devices  (IEDs), 
improvised incendiary devices (IIDs) and CBRN18 issues is 
expected by the first half of 2010. The EBDS, hosted in the 
Europol Secure Network, will include an incident database, 
a library for storing technical reports and discussion fora. It 
would 
information  and 
the  exchange  of 
intelligence between experts in the fields of explosives and 
CBRN. The project is led by EUROPOL and co-funded by 
COM under the ISEC Program. 

improve 

The  EEODN  is  operational.  Last  year  two  experts  of  the 
EEODN  received  training  by  the  US  Agency  ATF  in  the 
USA. Europol, in partnership with SE & ES, has requested 
grants  under  the  ISEC  Program  for  the  implementation  of 
the  EEODN  activities,  including  training  for  the  EEODN 
experts. 

EN 

13 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
• 

installation  of  an  EU-wide  Early  Warning  System 
(EWS) e.g. on threats and missing explosives; 

The EWS is currently being developed by ES in partnership 
with  Europol.  The  presentation, 
implementation  and 
deployment to all the MS is expected to take place by mid-
2010.  COM  is  co-funding  the  project  under  the  ISEC 
Program. 

•  establishment  of 

the  Standing  Committee  on 
Precursors (SCP) which focuses on a tighter regulatory 
regime for high-risk chemical precursors to explosives to 
reduce  their  accessibility  to  the  general  public  on  the 
market. 

• 

• 

• 

• 

•  definition  of  common 

standards  and 
techniques for production, storage, transport and use 
of  explosives 
including 
employees' security vetting; 

the  civilian  sector, 

security 

in 

•  definition  of 

identification  codes  and  reporting 
systems  for  the  traceability  of  industrial  explosives 
and detonators; 

Based  on  the  work  of  the  SCP,  which  started  in  2008, 
COM  is  now  in  the  process  of  preparing  a  proposal  on 
future measures such as:  
• 

legislation, including a complete ban on sales of certain 
chemical  precursors  above  concentration  assessed  as 
critical,  
introduction of a registration schemes or  

• 
•  voluntary  measures 

suspicious 
like 
transactions  and  raising  awareness  among  sellers  of 
these chemicals.  

reporting 

COM-Directive 2008/43/EC setting up, pursuant to Council 
Directive  93/15/EEC,  a  system  for  the  identification  and 
traceability  of  explosives  for  civil  uses  was  adopted  in 
April  2008,  with 
transposition  by  April  2009  and 
application from April 2012.  

A practical tool for enhancing traceability in cross-border, 
intra-EU transport is now in the final stage of development 
and  deployment  (extending  existing  system)  as  a  project 
led  by  ES-company  INDRA  with  the  backing  of  Guardia 
(SCEPYLT-
Civil  and  supported  by  COM-funding 
"Explosives Control and Protection System to Prevent and 
Fight against Terrorism").  

An  expert  working  group,  established  in  Oct.  2008,  is 
regularly convened and shall also consider the development 
of common minimum detection standards based on relevant 

scheduled 
2010. 

to 
The  SCP  contributed 
preparing a COM legislative 
for 
proposal 
October 
This 
instrument  in  combination 
& 
elaborate 
with 
encompassing 
voluntary 
schemes  for  industry  has  a 
high  potential  to  reduce  the 
incidents  with 
risk 
improvised 
explosive 
devices. 

of 

EN 

14 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
•  development  of  a 

scenario-based  approach 

to 

detection of explosives. 

scenarios and threat assessments.  

A  "Network  on  Detection  of  Explosives  (NDE)"  was 
contracted  to  provide  COM  with  technical  support  and 
advice.  The  NDE  consists  of  various  national  research 
institutes  and  law  enforcement  agencies.  It  produces 
analysis and policy briefs on relevant detection issues. 

Two  EU-/US-seminars  were  held  in  Dec.  2008  and  Feb. 
2010  on  explosives  security.  The  cooperation  will  be 
strengthened  subject  to  approval  by  the  EU-US  JHA 
Ministerial Troika in April 2010 

expected 

and  what 

The 
outcome 
(2010) is a matrix of what is 
desired 
is 
currently  possible  in  terms 
of 
of 
explosives  for  the  various 
scenarios  elaborated  by  the 
group. 

detection 

the 

•  development  of  cooperation  with  third  countries  on 

improving the security of explosives 

2.3. Supply Chain Security 

-  Regulations  648/2005  and  1875/2006  –  the  so-called 
security amendments to the Community customs legislation 
introduced measure to strengthen the security of the supply 
chains  by  means  of  introducing  advance  cargo  information 
requirements,  a  Community  risk  management  framework 
and the authorised economic operator programme. 

- Agreement between the European Community and the 
United States of America on intensifying and broadening 
the  Agreement  on  customs  cooperation  and  mutual 
assistance  in  customs  matter  to  include  cooperation  on 
container security and related matters of 30 September 2004 
(OJ L 304/34) 
Communication  on  the  strategy  for  the  evolution  of  the 
Customs  Union  (COM(2008)  169)  which  confirms  the 
crucial  role  customs  play  in  protecting  EU  citizens. 

2.4.1. Legislation: 

2.4.2. Policy 
measures: 

EN 

15 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Endorsed by the European Parliament in its resolution of 19 
June 2008 on the 40th anniversary of the Customs Union. 

EN 

16 

EN 

 
  
3. Pursue 

3.1. Measures in the field of criminal law, criminal procedure and judicial cooperation 

3.1.1. Legislation: 

FD  2002/475/JHA  of  13  June  2002  on  combating 
terrorism  harmonises  the  definition  of  terrorist  offences  in 
all  MS  and  ensures  that  they  establish  for  natural  and  legal 
persons  having  committed  or  being  liable  for  such  offences 
penalties and sanctions which reflect the seriousness of such 
offences.  It  sets  out  jurisdictional  rules  to  guarantee  that 
terrorist  offences  may  be  effectively  prosecuted  and  adopts 
specific measures with regard to victims of terrorist offences 
because of their vulnerability. 

The  European  Arrest  Warrant  (EAW)  of  2002,  and  the 
Council  FD  2008/978/JHA  of  18  December  2008  on  the 
European  evidence  warrant  for  the  purpose  of  obtaining 
objects,  documents  and  data  for  use  in  proceedings  in 
criminal matters19; 
Council  Decision  setting  up  Eurojust20  was  amended  by 
Council  Decision  2009/426/JHA  of  16.12.200821 
to 
strengthen  the  role  of  Eurojust  in  assisting  MS  in  the  fight 
against serious organised crime. The new instrument sets out 
a  minimum  level  of  competences  of  national  members  of 
Eurojust,  enhances  information  sharing  between  MS  and 
Eurojust  and  establishes  the  Eurojust  National  Coordination 
System. 

Under Article 11 of the FD, COM drew up two reports on 
the measures taken by MS to comply with this instrument 
(Two  successive  reports  from  COM  as  well  as  the 
respective COM staff working papers associated with these 
reports were adopted on 8 June 2004 and 6. Nov. 2007) 

Implementation by most MS 
is  generally  satisfactory  but 
some  MS  fail  to  transpose 
correctly  Art.  1  (terrorist 
offences, fundamental rights 
principles);  Art.5.3 
and 
offences 
for 
(penalties 
relating  to  terrorist  groups), 
and  Article  7  (liability  of 
legal persons). 

Based on the principle of mutual recognition, the FD on the 
EAW  replaces 
traditional  extradition  procedures  and 
greatly  contributes  to  speeding  up  the  prosecution  of 
terrorists  and  other  serious  criminals  operating  within  EU 
territory.  

To ensure the availability of Eurojust on 24/7 basis an On-
Call Coordination is to be established.  
In addition, Eurojust has established an Informal Working 
Party on Implementation, which meets regularly in order to 
assist MS in the implementation process. 

MS have until June 2011 to 
implement the new Eurojust 
Decision  into  their  national 
legal systems. 

19 
20 
21 

OJ L 350 of 30.12.08, p.72. 

2002/187/JHA of 28 February 2002. 

OJ L 138, 4.6.2009, p. 14. 

EN 

17 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Council Framework Decision 2008/978/JHA of 18 
December 2008 on the European evidence warrant for the 
purpose of obtaining objects, documents and data for use in 
proceedings in criminal matters entered into force on 19-1-
2009. The European evidence warrant (EEW) is a judicial 
decision, whereby objects, documents and data may be 
obtained from other Member States. The EEW is issued by 
competent authorities designated by the Member States. An 
issuing authority may be a judge, court, investigating 
magistrate, public prosecutor or other judicial authority. 
Member States must also designate the competent authorities 
for recognising and executing the EEW. 

3.1.2. Policy Measures  Counter  terrorism  action  is  part  of  all  major  fields  of 

Europol activities: 

- operational analysis and operational support in case of 
a  terrorist  attack22:  (AWF,  Joint  Investigation  Teams, 
cross-border  operations)  and  the  First  Response  Network  - 
FRN).  

- promoting use of Joined Investigation Teams (JITs) 

On  1  Oct.  2009  Europol  and  Eurojust  have  signed  the 
revised  coop-agreement,  which  the  Council  requested  by 
the end of 2008. 

In  July  2009  Eurojust  launched  a  JITs  Funding  project, 
financed  under  the  Specific  Programme  of  "Prevention  of 
and  Fight  against  Crime"23,  which  provides  for  financial 
and logistic support of JITs until December 2010 

Member  States  have  until 
19.1.2011  to  implement  the 
Framework Decision. 

Europol's  new  status  as  EU 
agency24  has  increased  its 
visibility as a  EU-actor also 
in 
fighting 
terrorism.  

respect 

of 

is  expected 

the 
that 
It 
co-operation 
revised 
enhance 
agreement  will 
the 
cooperation  between 
fighting 
two  bodies 
serious  crime  and  terrorism 
an 
in 
improved 
of 
information/data 

via 
exchange 

particular 

in 

22 
23 
24 

Europol Working Programme 2010, doc. 13788/09. 
Council Decision of 12 February 2007, OJ L 058, 24.2.2007, p.7. 
OJ L121, 15.5.2009, p 37. 

EN 

18 

EN 

 
  
 
 
 
 
 
  
 
 
 
 
 
 
 
 
                                                 
The  Decision  also  requires  MS  to  take  the  necessary 
measures  to  ensure  that  all  requests  for  mutual  legal 
assistance,  recognition  and  enforcement  of  judgments  in 
connection with terrorist offences are dealt with as a matter 
of urgency and are given priority. 

3.2. Information Exchange/Access to information 

3.2.1. Legislation: 

The  Decision  on  the  exchange  of  information  and 
cooperation  concerning  terrorist  offences25  reinforces  the 
the  organisations  responsible  for 
cooperation  between 
combating  terrorism,  stressing  the  coordinating  role  of  both 
Europol and Eurojust. In particular, the Decision lays down 
that  each  MS  must  transmit  information  with  respect  to 
prosecution and conviction for terrorist offences which affect 
two  or  more  MS  to  Europol,  Eurojust  as  well  as  to  the 
national contact points of other affected MS.  

TFTP  A  provisional  EU-US  international  agreement  based 
on  Art.  24  and  38  TEU  on  the  transfer  of  data  to  the  US 
Treasury's  Terrorist  Finance  Tracking  Programme  (TFTP) 
was  adopted  on  30  Nov.  2009  and  has  been  suspended 
following  a  negative  vote  in  the  EP.  In  March  2010  the 
Commission adopted a new Recommendation to the Council 
to authorise the opening of negotiations and draft negotiation 
directives.  The  EP  issued  its  Resolution  on  a  future  EU-US 
TFTP agreement on 5 May. A revised TFTP agreement was 
approved  by  the  European  Parliament  on  8  July  and  will 
enter into force on 1 August.  

3.2.2. Policy Measures 

- information sharing and information exchange:  

-  European  PNR:  COM  has  made  a  proposal  for  a  FD  for 
European PNR on 6 November 2007 with the aim of creating 
a coherent legal framework at EU-level which would oblige 
air  carriers  on  international  (non  intra-EU)  air  travel  to 

Europol  Information  System,  TE-SAT,  "Check  the  web" 
(CTW,  s.  1.2.2.),  Situation  Report  on  Illicit  Trafficking  in 
Nuclear and Radiological Substances, CT Monthly Reports, 
cyber-crime platform, Europol Bomb Database (see 1.3.2); 

Discussions in Council have started in February 2008. Most 
MS  are  supportive  of  the  proposal  (the  JHA  Council  has 
reaffirmed its support at several occasions).  

25 

EN 

Council Decision 2005/671/JHA of 20 September 2005 on the exchange of information and cooperation concerning terrorist offences, OJ L 253, 29.9.2005, p. 22–24 (ES, 
CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, NL, PL, PT, SK, SL, FI, SV) and OJ L 168M , 21.6.2006, p. 350–352 (MT). 

19 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
information 

transmit  passenger 
law 
enforcement  authorities  for  the  purpose  of  preventing, 
investigating, detecting and prosecuting organised crime and 
terrorism. 

relevant 

the 

to 

- PNR-Agreements with 3rd countries: 

• 

In  July  2007  the  EU  has  concluded  a  PNR  agreement 
with  the  USA  which  followed  the  2006  interim  PNR 
agreement.  

•  A  PNR-agreement  has  been  signed  with  Canada.  The 
COM  adequacy  decision  has  expired  on  22/9/09,  but 
following  an  exchange  of  letters  between  COM  and 
Canada the agreement continues to be applied.  

•  A PNR- agreement with Australia was signed on 30 June 
2008 and became provisionally applicable from that date. 
The  agreement  will  be  valid  for  seven  years.  Under  the 
TFEU  the  EP  needs  to  give  its  consent  before  Council 
can conclude the agreement. 

The  US  PNR  agreement  is  with  the  EP  for  its  consent 
before the Council can conclude the agreement.  

With the entry into force of the Lisbon Treaty preparations 
for  a  new  agreement  will  start  soon  with  the  aim  to 
conclude an agreement in 2010. In November 2008 a joint 
review on the operation of the EU-Canada PNR agreement 
was carried out. 

The  AUS  PNR  agreement  is  with  the  EP  for  its  consent 
before the Council can conclude the agreement.  

EN 

20 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
4. Respond 

4.1. Crisis Management 

4.1.1. Legislation: 

COM Decision (2006/25/CE) of 23 Dec. 2005 establishing 
a  general  rapid  alert  system  (ARGUS)  to  enhance  its 
capacity to react quickly, efficiently and in a coordinated 
manner, in its domain of competence, to crises of a multi-
sectoral  nature  covering  several  policy  areas  and  that 
require action at the EU level, whatever their cause. 

ARGUS  consists  of  an  internal  communication  network 
(Argus phase I) enabling (via an IT tool) the COM services 
to share in real time relevant information on emerging multi-
sectoral crises or foreseeable or imminent threat thereof and 
to  coordinate  appropriate  response  within  the  domain  of 
competence of COM. 

Argus  phase  II  provides  for  coordination  in  the  event  of  a 
major crisis A Crisis Coordination Committee is the specific 
operational  crisis  management  structure  established  to  lead 
and  coordinate  the  response  to  the  crisis,  bringing  together 
representatives of all relevant COM services. 

COM  is  responsible  for  a  wide  range  of  response 
instruments, along with alert and coordination mechanisms: 
Management  of  the  Rapid  Alert  Systems  (‘RAS’)  to 
provide  swift  and  efficient  responses  to  specific  sectoral 
disasters, 
to 
communicable epidemics and animal diseases, oil spills or 
marine pollution  

bio-chemical 

ranging 

attacks 

from 

The  Instrument  for  Stability  provides  for  ‘exceptional 
assistance measures’ to enable timely responses to disasters 
in addition to political crises. 

The  RELEX  Crisis  Platform,  established  after  the  2004 
Tsunami,  contributes  to  the  political  coordination  between 
COM and MS during external crisis situations. 

4.1.2. 
Measures: 

Policy 

• 

EU  emergency  and  crisis  coordination  arrangements 
(EU-CCA):  Following  the  JHA  Council  Declaration  of  13 
July 2005 to develop arrangements for political coordination 
at  EU  level  in  response  to  any  emergency  inside  or  outside 
the  Union  affecting  a  number  of  MS  or  which  engages  the 
entire  EU.  Practical  interim  arrangements  for  meetings  of  a 
Crisis  Support  and  Steering  Group,  supporting  structures 
including  standard  operating  procedures  (SOPs)  have  been 
put in place in 2006. These crisis co-ordination arrangements 
provide  a  generic  arrangement  applicable  for  all  types  of 
crises. 

system 

The 
should  be 
reviewed  in  the  light  of 
experience  acquired  and 
to 
technological  progress 
inter-linkage  and 
ensure 
coordination  of 
existing 
specialised networks.  

arrangements 

are 
CCA 
undergoing 
currently 
revision 
informal 
(lead: 
group  of  Friends  of  the 
Presidency) 
simplify 
SOPs and possibly make the 
arrangements more flexible. 

to 

EN 

21 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Implementation  of  Art.  222  TFEU  –  solidarity  clause, 
establishing  that  the  union  and  its  Member  States  shall  act 
jointly in a spirit of solidarity if a Member State is the object 
of  a  terrorist  attack  or  the  victim  of  a  natural  or  man-made 
disaster.  Following  Article  222  (3)  a  joint  proposal  from 
COM  and  the  High  Representative  should  be  presented  in 
view of a decision of the Council on the arrangements for the 
implementation of the Solidarity Clause.  

4.2. Civil Protection and Crisis Response 

4.2.1. Legislation: 

Council  Decision  of  8  November  2007  establishing  the 
Community Civil Protection Mechanism. 

Council  Decision  of  5  March  2007  establishing  the  Civil 
Protection Financial Instrument.  

Coordination  of  the  civil  protection  assets  of  the  MS 
through 
the  Community  Civil  Protection  Mechanism 
created in 2001 to respond to disasters that occur within the 
EU and outside the EU in the event of major emergencies, 
including  terrorist  attacks.  Specific  projects  are  funded 
through the Civil Protection Financial Instrument.  

of 

Evaluation 
COM 
legislation  in  the  field  of 
civil  protection  expected  by 
mid-2010 

First  preliminary  reflections 
on the solidarity clause have 
been  launched  inside  COM 
to  identify  main  legal  and 
policy issues 

Council  Decision  2008/617/JHA  on  the  improvement  of 
cooperation between the special intervention units of the 
EU-MS  in  crisis  situations  provides  a  legal  basis  for  the 
ATLAS-Network of Special Forces with the ultimate goal of 
dealing  effectively  with  all  possible  kinds  of  specific  or 
large-scale  crisis 
(with  highest 
likelihood)  a  criminal  offence  or  resulting  from  acts  of 
terrorism  and  requiring  special  intervention.  The  Council 
Decision enables MS to request the assistance of another MS 
in such crises. 

situations 

involving 

The ATLAS network of special intervention units from EU 
MS was created in the wake of the attacks of 11 September 
2001  under  the  umbrella  of  the  European  Police  Chiefs 
Task  Force  (ECPTF).  The  network  has  been  financially 
supported  by  COM  (225.000  EUR  in  2006,  600.000  EUR 
in  2007,  900  000  EUR  in  2008  and  1.000.000  EUR  in 
2009).  The  activities  of  the  network  include  regular 
meetings, 
seminars,  working  groups  and  common 
exercises.  

EN 

22 

EN 

 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
the  Union's 
COM-Communication  on  "Reinforcing 
Disaster  Response  Capacity"  of  5  March  2008  made 
proposals  to  reinforce  the  EU's  disaster  response  capacity. 
These  proposals  are  a  first  step  on 
to  a 
comprehensive and integrated EU response and are aimed at 
reinforcing  and  creating 
synergies  between  existing 
instruments,  and  at  strengthening  coordination  between 
them. 

the  road 

Four  main  pillars  to  reinforce  EU  disaster  response 
capacity have been identified: 

•  Reinforced inter-institutional cooperation 
•  Strengthening European Humanitarian aid capacity  
•  European civil protection  
•  Strengthening capacity  across  Community  policies  and 

instruments 

4.2.2. Policy 
Measures: 

The EU Civil Protection Mechanism follows an all-hazard 
approach, covering prevention, preparedness and response.  

Council  encouraged  MS  to  enhance  their  civil  protection 
capabilities  through  a  European  mutual  assistance  system 
aiming  at  a  further  development/identification  of  civil 
protection modules and to register them as soon as possible, 
to improve their interoperability and to further accelerate the 
setting  up  of  a  core  group  of  assessment  and  coordination 
experts who could be deployed rapidly. 

By  Oct.2009,  a  total  of  105  modules  and  8  technical  and 
assistance  teams  (TAST)  have  been  registered  covering 
different  areas,  e.g.  water  purification,  high  capacity 
pumping,  urban  search  and  rescue,  aerial  forest  fire 
fighting,  CBRN  detection,  search  and  rescue,  forest  fire 
fighting, and medical assistance 

-  enhancing  the  preparedness  of  civil  protection  and 
other emergency relief actors,  

COM 
is  developing  Disaster  Management  Training 
Arrangements,  which  would  include  a  network  of  EU 
Disaster Management Training Centers. 

-  responding  to  cyber  and  biological  attacks  and  an 
international  hostage  taking  were  parts  of  the  2009 
exercise  on 
the  Emergency  and  Crisis  Coordination 
Arrangements  (CCA)  successfully  carried  out  in  Brussels 
end of September 2009. 

- responding to CBRN-risks  

Under  the  Civil  Protection  Financial  Instrument  COM  has 
proposed to carry out more exercises and to facilitate inter-
agency  response  to  CBRN  incidents  bringing  together 
national 
enforcement 
investigators,  civil  military  responders  and  European  civil 
protection modules. 

civil  protection  health, 

law 

A  major  field  exercise  has 
taken  place  in  ES  in  June 
2010  under  the  EU  Rapid 
Response  Capability  7,  one 
of 
financed 
under 
Preparatory 
Action 

the  projects 
the 

4.3. Access to CBRN-material 
4.3.1. Legislation: 

Most  of  the  existing  EU-legislation  on  CBRN-materials 
focuses  on  safety  concerns  rather  than  on  potential  security 
threats  related  to  terrorism.  A  large  framework  of  safety-

In the framework of the EU CBRN Action Plan (see 1.4.2) 
COM is currently looking into the potential legislative gaps 
regarding  CBRN  security.  A  recently  awarded  study  on 

Since  this  initiative  is  very 
recent,  it  is  too  early  to 
assess its impact.  

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"biological  preparedness"  will  provide  a  comprehensive 
overview  of  bio-safety  and  bio-security  legislation.  It  will 
also  provide  suggestions  how  to  fill  security  gaps.  A 
similar  study  on  "the  applicability  of  existing  chemical 
industry  safety  provisions  to  enhancing  the  security  of 
chemical facilities" will be launched in 2010. At this stage 
it  is  too  early  to  indicate  concrete  legislative  proposals, 
other  than  a  likely  legal  instrument  on  security  vetting  of 
person having access to CBRN materials (or explosives). 

The  CBRN  Action  plan  contains  around  130  different 
actions,  a  number  of  which  have  been  identified  as  key 
actions, to be started in 2010. The implementation phase of 
the  Action  Plan  will  be  assisted  by  the  CBRN  Advisory 
Group and its sub-groups. 

Since  this  initiative  is  very 
recent,  it  is  too  early  to 
assess  its  impact.  However 
the  positive  reception  by 
MS  demonstrates  that  there 
is support and need for EU-
wide action. 

4.3.2. 
Measures: 

Policy 

related  measures  exists  (Seveso  II,  REACH,  Nuclear  safety 
legislation  etc.).  Although  some  of  these  safety-related 
measures also have an effect on enhancing security, their aim 
is rather to limit the toxic impact of such material on people 
and the environment. (DG ENV, DG ENTR) 

Following  the  2009  Communication  on  'Strengthening 
Chemical,  Biological,  Radiological  and  Nuclear  Security 
in the European Union' - an EU CBRN Action Plan was 
adopted by the Council on 1 Dec. 2009.26 
The Action Plan focuses inter alia on: 
- developing EU lists of high-risk CBRN materials; 
-  enhancing  the  security  of  high-risk  CBRN  materials  and 
facilities; 
- enhancing control over high-risk CBRN materials; 
-  contributing  to  the  development  of  a  high  security  culture 
of staff; 
-  improving  the  identification  and  reporting  of  suspicious 
transactions and behaviour; 
- enhancing the security of transport; 
- strengthening the import/export regime; 
-  strengthening  cooperation  on  the  security  of  nuclear 
materials. 

4.4. Solidarity with victims of terrorism 

4.4.1 Legislation 

The  Council  Framework  Decision  2002/475/JHA  of  13 
June 2002 on combating terrorism, Article 10(2) 

The  Council  Framework  Decision  2001/220/JHA  of  15 

26 

Council Document, 1505/1/09 Rev 1. 

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March  2001  on  the  standing  of  victims  on  criminal 
proceedings. 

Council Directive 2004/80/EC of 29 April 2004 relating to 
compensation to crime victims 

These  three  instruments  apply  to  victims  of  terrorism. 
However, only the first one addresses specifically victims of 
terrorism,  the  other  two  apply  to  the  broader  category  of 
victims  of  crime.  Art.  10(2)  of  the  FD  on  combating 
terrorism  complements  the  existing  general  rules  in  the  FD 
on  the  standing  of  victims  in  criminal  proceedings  by 
obliging  MS  to  take  all  measures  possible  to  ensure 
appropriate  assistance  for 
the  families  of  victims  of 
terrorism. 

The  FD  on  standing of victims  in  criminal  proceedings  sets 
out minimum standards for the treatment of victims of crime 
(and their families) that apply throughout the EU, covering a 
wide  range  of  issues:  hearings,  and  provision  of  evidence; 
right  to  receive  information;  communication  safeguards; 
specific  assistance  to  the  victim;  victims'  expenses  with 
respect  to  criminal  proceedings;  right  to  protection;  right  to 
compensation  in  the  course  of  criminal  proceedings;  penal 
mediation  in  the  course  of  criminal  proceedings;  victims 
resident  in  another  MS;  cooperation between  MS;  specialist 
services  and  victim  support  organisations;  training  for 
personnel  involved  in  proceedings  or  otherwise  in  contact 
with  victims;  practical  conditions  regarding  the  position  of 
victims in proceedings. 

The Directive relating to compensation to crime victims does 
the 
not  have 
compensation of crime victims where there is a cross-border 
element. 

the  same  wider  scope.  It  deals  with 

Under Art. 11 of the FD on combating terrorism, COM has 
drawn up two written reports on the measures taken by MS 
to  comply  with  this  instrument.  These  evaluation  reports 
indicate  that  only  some  MS  have  provided  concrete 
the 
provisions  or  detailed 
assistance for the families of the victims.  

information  concerning 

According  to  Art.  18  of  FD  on  the  standing  of  victims  in 
criminal  proceedings,  COM  published  a  first  report  on  16 
Feb. 2004 and the second one on 20 April 2009. The latter 
report concluded that the implementation of this FD is not 
satisfactory  and  that  national  implementing  legislation 
contains numerous omissions. 

Following  this  report,  COM  is  working  on  an  impact 
assessment  which  focuses  on  victims'  rights  and  the 
unsatisfactory implementation of the FD on the standing of 
victims  on  criminal  proceedings.  Taking  into  account  the 
Stockholm Program COM will also examine the feasibility 
of  a  single,  comprehensive  legal  instrument  merging 
Directive 2004/80  on  the  compensation  to victims  and  the 
FD on the standing of victims in criminal proceedings.  

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4.4.2. 
Measures: 

Policy 

COM  has  since  2004  co-financed  projects 
led  by 
organizations  -  private  or  public  -  and  associations 
representing victims which helped victims and their families 
to recover from the consequences of their ordeal by means of 
social  or  psychological  support,  trained  practitioners,  or 
contributed  to  raising  awareness  of  the  European  public 
against  the  terrorist  threat.  This  has  been  done,  first  of  all, 
through a pilot project which saw a call for proposals in 2004 
and  one  in  2005.  There  followed  a  preparatory  action  in 
favor  of  victims  in  2006.  From  2007  to  2009,  the  Criminal 
Justice program has provided funding to such projects. As of 
2010,  the  ISEC  program  will  co-finance  projects.  In 
particular,  the  promotion  of  solidarity  with  the  victims  and 
their  role  in  the  prevention  of  terrorism  will  link  the 
the  policy  on  preventing 
protection  of  victims 
radicalization and recruitment.  

to 

Additionally  in  Dec.  2008  COM  has  set  up  a  European 
Network  of  Associations  of  Victims  of  Terrorism  to 
stimulate trans-national co-operation between associations of 
victims  of  terrorism  and  enhance  the  representation  of 
victims'  interests  at  EU-level.  The  latest  event  successfully 
organized by the Network was a seminar in Paris on "society 
and  victims  of  terrorism"  in  September  2009.  All  of  these 
events  were  attended  by  victims'  associations  from  an 
important  number  of  MS  and  were  well  attended  by  the 
media. 

The  Network  will  help  COM  to  meet  the  Union's  goal  of 
providing  aid  and  protection  to  victims  of  terrorism  by 
providing for first hand information as regards the current aid 
and protection offered to victims of terrorism in the EU and 
proposing  actions  to  extend  best  practices  and  address 
identified gaps.  

Furthermore, in the next years COM will intensify its efforts 
to promote solidarity with the victims of terrorism through a 
volunteers'  programme  as  well  as  the  dissemination  of 

The evaluation of the Pilot Project in favour of Victims of 
Terrorist  Acts,  carried  out  by  Centre  for  Strategy  and 
Evaluation  Services  on  Dec.2006.  The  evaluation  report 
concluded: 

Collective  Forum  to  represent  EU  interests  at 

The  following  points  were  identified  by  COM  as  key 
messages or needs: 
• 
wider international level 
• 
• 
• 
• 
minimum rights, legal assistance, where to go etc.  
Results of projects should be disseminated, larger 
• 
scale  projects  should  be  encouraged  and  networks  set  up 
for collaboration and exchange of experience. 

System for the exchange of experience 
European guarantee fund 
Standardisation of legislation is not necessary 
Standardisation  of  basic  status  of  victims, 

A  targeted  call  for  proposals  ''Radicalisation  leading  to 
terrorism and the role of victims of terrorism in preventing 
radicalisation''  (March  2010)  offers  financial  support 
initiatives  promoting  the  dissemination  of  testimonies  of 
victims of terrorism in order to help to further sensitise EU 
citizens  and  provide  platforms  for  victims  to  counter  and 
delegitimize the violence narrative of terrorism. 

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testimonies  of  victims  of  terrorism.  These  actions  are 
intended to sensitise EU citizens and disseminate a powerful 
message  of  democratic  values  countering  violent  narratives 
and radicalisation. 

4.5. Evaluation of National Crisis Response capacities 

All MS have been evaluated in the framework of the second 
round of the peer evaluation of national counter-terrorism 
arrangements  focusing  on  preparedness  and  consequence 
management in 2008/9. The main authorities participating in 
the  exercise  have  been  the  police  forces,  security  and 
intelligence services, and civil protection bodies such as fire 
departments or the civil defense.  

In July 2009 an interim report including the state-of-play 
and 
the  peer 
evaluation27.  

the  main  findings  was  published  on 

The  final  report  is  due  in 
the first half of 2010. 

* * * 

27 

27 

Council Document. 12287/09. 

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