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 
COM(2010)386 final 

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN 
PARLIAMENT AND THE COUNCIL  

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

SEC(2010)911 

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COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN 
PARLIAMENT AND THE COUNCIL  

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

1. 

INTRODUCTION 

Even  though  no  large-scale  terrorist  attack  has  taken  place  in  the  European  Union  since 
Madrid and London, the threat from terrorism remains significant and is constantly evolving1. 
The  threat  comes  not  only  from  Islamist  terrorism,  but  also  from  separatist  and  anarchist 
terrorists. The modes of attacks used by terrorists have changed, as demonstrated by the 2008 
Mumbai  attacks  and  the  attempt  on  a  flight  from  Amsterdam  to  Detroit  on  Christmas  day 
2009.  Threats  now  come  both  from  organised  terrorists  and  from  so-called  "lone  wolves", 
who may have developed their radical beliefs on the basis of extremist propaganda and have 
found training materials and recipes for bombs on the internet. These developments mean that 
the international community’s efforts to combat this threat need to evolve as well.  

The time has come to take stock of the main legislative and policy achievements  at the EU 
level  in  the  fight  against  terrorism,  and  to  outline  some  future  challenges  in  this  field.  This 
Communication  provides  the  core  elements  of  a  political  assessment  of  the  current  EU 
Counter  Terrorism  Strategy,  as  requested  by  the  European  Parliament,  and  constitutes  an 
important  preparatory  step  in  the  framework  of  the  broader  Internal  Security  Strategy.  It  is 
without prejudice to the fact that Member States are the main actors in this sensitive policy 
area.  

Taking  stock  of  past  achievements  and  looking  ahead  to  future  challenges  is  particularly 
relevant following the entry into force of the Lisbon Treaty, as well as the adoption of a new 
multi-annual work programme and action plan for the area of Justice, Freedom and Security 
(the  “Stockholm  Programme”).  This  communication  builds  upon  and  complements  the 
counter  terrorism-related  measures  and  initiatives  identified  in  the  Stockholm  programme2 
and its implementing action plan3 which broadly outline the EU’s future actions.  

The  2005  EU  Counter-Terrorism  Strategy4,  which  continues  to  be  the  main  reference 
framework  for  EU  action  in  this  field,  consists  of  four  strands:  prevent,  protect,  pursue  and 
respond. This Communication follows that structure. For each of the four strands some major 
achievements have been highlighted and future challenges identified. The Communication is 
accompanied  by  a  Commission  Staff  Working  Paper,  which  includes  a  table  giving  a  more 
complete overview of the main actions taken by the EU under the four strands5. 

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For  the  latest  figures,  see  Europol's  2010  Terrorism  Situation  and  Trend  (TESAT)  Report,  online 
available under http://www.europol.europa.eu/publications. 
OJ C 115, 4.5.2010, p. 1.  
COM (2010) 171 final of 20 April 2010. 
Doc. 14469/4/05 of 30 November 2005. 
SEC (2010) ….. 

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The  evaluation  of  specific  instruments  for  data  collection  and  management  (including 
instruments  dealing  with  passenger  name  records  and  the  retention  of  telecommunications 
data)  will  be  the  subject  of  separate  communications.  Also,  this  Communication  primarily 
looks at the threats from terrorism to the internal security of the European Union. Cooperation 
with  external  partners  has  only  been  covered  where  it  directly  affects  the  EU's  internal 
security. 

2.  MAIN EU ACHIEVEMENTS AND FUTURE CHALLENGES  

The  EU  Counter-terrorism  Strategy  and  the  Action  Plan  implementing  it  take  a  broad 
approach  in  defining  actions  and  instruments  which  can  contribute  to  combating  terrorism6. 
Within the scope of this Communication, not all of the work which has been taken forward 
over the past five years in these broad areas can be discussed – this Communication therefore 
focuses on the main strategic threads under each of the four strands of the Counter-Terrorism 
Strategy – prevent, protect, pursue and respond. 

2.1.  Prevent  

The main challenge under this strand is preventing radicalisation and recruitment leading to 
the  willingness  to  commit  terrorist  offences.  But  prevention  also  includes  dealing  with  the 
way  terrorists  use  the  internet  –  for  communication,  fund-raising,  training,  recruitment  and 
propaganda.  The  Stockholm  Programme7  stresses  that  this  strand  in  particular  should  be 
reinforced  in  the  coming  five  years,  which  includes  also  more  and  better  tailored  security 
research covering operational and technical work as well as policy-related studies and societal 
aspects. 

2.1.1.  Main achievements 

The EU's main legal instrument for dealing with terrorist crimes is the Framework Decision 
on  combating  terrorism  (2002/475/JHA)8,  which  defines  what  acts  should  be  considered 
terrorist  offences  by  the  Member  States.  At  the  initiative  of  the  Commission,  this  legal 
instrument  was  amended  to  deal  more  specifically  with  prevention  aspects9.  The  amended 
Framework Decision now provides a legal framework for approximating national provisions 
on: 

–  public provocation to commit a terrorist offence;  

–  recruitment for terrorism; and  

–  training for terrorism.  

This means that, once the Framework Decision will be transposed in all Member States, it will 
be possible to prosecute and punish people who try to involve others in terrorist activity by 
encouraging them to commit terrorist acts, by trying to enlist them in their terrorist networks, 

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The last complete overview of all actions to be completed produced in 2007 (doc. 7233/1/07) consisted 
of 140 different action points, and the most recent overview of outstanding action points (doc. 15358/09 
produced in November 2009) still includes 50 action points. 
OJ C 115, 4.5.2010, p. 24. 
OJ L 164, 22.6.2002, p.3. 
Framework Decision 2008/919/JHA, adopted on 28 November 2008. OJ L 330, 9.12.2008, p. 21. 

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or by providing them with the information they need to commit their attacks, such as bomb-
making recipes. With the adoption of this amendment, these forms of criminal behaviour will 
become punishable throughout the EU, also when they are committed using the internet. This 
is an important step which aligns EU legislation with the Council of Europe Convention on 
the prevention of terrorism of May 2005, on which the new provisions were modelled. 

The Commission also seeks to promote a public/private partnership approach for countering 
terrorist  use  of  the  internet10.  It  has  started  a  dialogue  between  law  enforcement  authorities 
and service providers in order to reduce the dissemination of illegal terrorism-related content 
on the internet. A European Agreement Model to facilitate public/private cooperation on the 
issue is under development. 

Radicalisation takes place not only over the internet but also through direct recruitment. The 
2010 Europol Terrorism Situation and Trend report indicates that many terrorist or extremist 
organisations are supported by active youth branches which are of particular concern to some 
Member  States  as  potential  vectors  for  radicalisation  and  recruitment.  This  confirms  that 
extremist  ideologies  still  hold  some  attraction  for  receptive  individuals.  The  TE-SAT  report 
also  confirms  that  a  not  insignificant  number  of  radicalised  people  travel  from  the  EU  to 
conflict areas or are attending terrorist training camps and then returning to Europe. These are 
indications that the risks associated with youth being radicalised to commit terrorist offences 
remain considerable. 

Over  the  past  years,  the  European  Union  has  put  in  place  a  number  of  important  policies 
dealing with radicalisation and recruitment. Significant work to implement and support these 
policies  is  ongoing.  A  milestone  has  been  the  adoption  of  a  specific  EU  Strategy  for 
Combating Radicalisation and Recruitment11. This Strategy has three main targets: to disrupt 
the activities of the networks and individuals who draw people into terrorism; to ensure that 
the voices of mainstream opinion prevail over those of extremism and to promote democracy, 
security, justice and opportunity for all. Detailed steps to further these objectives have been 
laid down in an Action Plan and an implementation plan approved in June 2009. In addition, a 
Media Communication Strategy has been adopted.  

Following an initiative by the EU Counter-Terrorism Coordinator12, a number of significant 
projects  to  implement  this  Strategy  and  Action  Plan  have  been  initiated  by  certain  Member 
States,  which  have  agreed  to  take  the  lead  in  developing  concrete  work-streams.  These  are 

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With a view to supporting law enforcement authorities in this field, the Commission has contracted two 
studies that will contribute to the development of policy and serve as a basis to decide on the adoption 
of practical measures to counter the use of the Internet for terrorist purposes:  
• 

non-legislative measures to prevent the distribution of violent radical content on the Internet, 
including co-operation between NGOs and law enforcement authorities;  
methodologies and adapted technological tools to efficiently detect violent radical content on the 
Internet. 

• 

The results of these studies are expected in 2011. 
The  EU  Strategy  for  Combating  Radicalisation  and  Recruitment  to  Terrorism  was  revised  in 
November2008 (CS / 2008 / 15175).  
The  establishment  of  the  position  of  a  Counter-terrorism  Coordinator  (CTC)  was  agreed  by  the 
European Council at its meeting on 25 March 2004 in a Declaration on Terrorism, adopted in reaction 
to the Madrid bombings. The CTC works within the Council Secretariat, co-ordinates the work of the 
Council  in  combating  terrorism  and,  with  due  regard  to  the  responsibilities  of  the  Commission, 
maintains an overview of all the instruments at the Union’s disposal with a view to regular reporting to 
the Council and effective follow-up of Council decisions. 

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media and strategic communication (UK), training of imams (ES), community policing (BE), 
working  with  local  authorities  (NL),  de-radicalisation  (DK)  and  terrorism  and  the  internet 
(DE). A significant number of these projects receive financial support from the Commission. 

The Commission has contributed to the development of policy in this area through its 2005 
Communication  addressing  the  issue  of  violent  radicalisation13.  In  addition,  a  significant 
number  of  studies  and  an  overview  of  the  available  academic  research  have  been  produced 
with the Commission's support. 

Also, in order to support the dialogue between academics and policy makers working in this 
field,  the  Commission  set  up  a  European  Network  of  Experts  on  Radicalisation  (ENER)  in 
2008.  ENER  held  its  first  meeting  in  Brussels  on  27  February  2009.  Seminars  in  2009  and 
2010 brought together social scientists, other academics and front-line practitioners to develop 
and exchange best practices. The topics covered include areas of dynamic evolution such as 
hotbeds of recruitment, engaging civil society to counter violent extremism and empowering 
local  communities  to  oppose  radicalisation.  The  seminars  also  aim  to  support  the 
implementation of the projects initiated by the Counter-Terrorism Coordinator. 

Finally,  it  is  important  to  stress  that  the  EU  initiatives  to  fight  racism,  xenophobia  and 
discrimination can also contribute to preventing radicalisation and recruitment into terrorism.  

2.1.2.  Future challenges 

It  will  be  necessary  to  identify  more  accurately  the  most  effective  ways  to  combat 
radicalisation and recruitment. The effectiveness of the national policies that have been put in 
place will need to be assessed, and reliable indicators developed to provide data to assist with 
that assessment.  

(cid:198)  The  Commission  intends  to  launch  a  Communication  in  2011  which  will  look  at  the 
experience  that  has  been  gathered  in  countering  radicalisation  and  recruitment  linked  to 
terrorism  in  the  Member  States.  This  will  provide  the  basis  for  reviewing  and  updating  the 
existing EU Strategy and Action Plan.  

Another challenge will be to find and put in place the most effective approaches for dealing 
with use of the internet for terrorist purposes.  

Further work will be necessary to support the efforts of the Member States' law enforcement 
authorities to deal with illegal internet content in this context - public private partnerships will 
need to be enhanced as well. 

2.2. 

Protect  

Protecting  people  and  infrastructure  is  the  second  objective  of  the  Counter-Terrorism 
Strategy.  This  part  of  the  Strategy  is  by  far  the  broadest  area,  and  covers  a  wide  range  of 
activity,  including  EU-wide  threat  assessments,  security  of  the  supply  chain,  protecting 
critical infrastructure, transport security and border controls, as well as security research.  

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COM (2005) 313 of 21 September 2005.  

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2.2.1.  Main achievements  

Significant steps forward have been taken to enhance border security over the past five years. 
New  technologies  are  being  used  in  the  development  of  a  modern,  integrated  border 
management system. Biometric passports were introduced in 2006. The second generation of 
the  Schengen  Information  System  and  the  Visa  Information  System  are  under  development 
and their legal framework has been established.  

In  the  area  of  cyber  security,  the  Framework  Decision  on  attacks  against  information 
systems14 was established in 2005, and a 2009 Communication15 established a plan of action 
to deal specifically with threats to the critical information infrastructure. 

A substantial legislative framework on transport security has been established and developed 
over the past years, in particular with respect to civil aviation and maritime transport. In the 
area  of  civil  aviation,  this  common  framework  has  clearly  increased  the  level  of  security  in 
the EU and further afield. After the attempted use of liquid explosives against EU-US flights 
in 2006, legislation was developed to deal with this threat. The Commission has just issued a 
separate Communication on the on the use of Security Scanners at EU airports16. The EU also 
cooperates  with  international  partners  in  addressing  the  introduction  of  new  technologies  to 
meet  developing  threats.  In  the  field  of  maritime  transport  security,  the  EU  has  made  the 
International Ship and Port facility Security Code part of EU legislation, and the Commission 
plays  an  active  role  in  the  context  of  the  International  Maritime  Organisation.  In  both  the 
aviation  and  maritime  contexts,  the  Commission  works  closely  with  Member  State 
administrations to operate a system of inspections of airports and port facilities. 

The  Commission  has  also  developed  an  EU  Action  Plan  for  Enhancing  the  Security  of 
Explosives  which  was  approved  by  Council  in  April  200817.  The  implementation  of  the  50 
concrete  actions  to  minimise  the  risk  of  terrorist  attacks  with  explosives  is  under  way,  and 
involves Europol and Member State authorities. 

The work on explosives includes measures to tackle the easy availability of certain chemicals 
that are used by terrorists to prepare home made explosives. Based on extensive consultation 
with  Member  State  authorities  and  the  chemicals  industry,  the  Commission  is  preparing 
proposals for legislative and non-legislative measures to improve EU-wide control of access 
to  these  precursor  substances.  These  proposals  are  expected  to  be  adopted  in  the  autumn  of 
2010. 

In  order  to  support  the  development  of  security  and  counter-terrorism  policies,  a 
comprehensive  Security  Research  Programme  was  established  as  part  of  the  7th  Framework 
Programme  for  Research  and  Technological  Development,  and  1.4  billion  €  has  been  made 
available for the period 2007-2013.  The  European Security Research and Innovation Forum 
(ESRIF), which produced its final report last year18, provides the latest thinking in this area. 

An  overall  European  Programme  for  the  Protection  of  Critical  Infrastructure  (EPCIP),  was 
adopted by the Commission in 2006. As part of this Programme, the Directive on European 

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OJ L 69, 16.3.2005. 
COM (2009) 149 final of 30 March 2009. 
COM (2010) 311 final of 15 June 2010. 
Doc. 8109/08. 
Online available at: http://www.esrif.eu. 

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Critical Infrastructures (ECI), which focuses on the procedure for identifying and designating 
ECI and includes a definition of European Critical Infrastructure, was adopted at the end of 
2008. This Directive is only a first step in the EU approach to deal with threats to European 
Critical  Infrastructure.  Initially,  the  Directive  is  only  applicable  to  the  energy  and  transport 
sector.  Work  on  critical  infrastructure  includes  efforts  towards  establishing  a  Critical 
Infrastructure Warning and Information Network (CIWIN) and an EU Reference Network for 
laboratories  testing  security  equipment,  which  should  support  the  establishment  of 
standardisation and certification of security solutions. 

In the area of supply chain security the EU has committed itself to implementing the World 
Customs Organisation's (WCO) SAFE Framework of Standards to secure and facilitate global 
trade, adopted by the WCO Council in June 2005. The Commission has introduced security 
amendments  to  the  existing  Community  Customs  Code  and  its  Implementing  Provisions 
(Regulation 648/200519 and Regulation 1875/200620) to strengthen the security of the supply 
chains entering or leaving the EU. The measures included the introduction of advance cargo 
information  requirements  and  a  Community  Risk  Management  Framework.  In  addition,  the 
Authorised  Economic  Operator  Programme  was  launched  under  which  economic  operators 
volunteer  to  increase  the  security  of  their  supply  chains  in  return  for  trade  facilitation 
measures. 

2.2.2.  Future challenges 

There  are  many  areas  for  further  work  under  this  strand.  The  Directive  on  Critical 
Infrastructure will be reviewed after three years, to assess its impact and the need to include 
other sectors, e.g. the Information and Communication Technology (ICT) sector. The Action 
Plan on the Security of Explosives should be reviewed and its effectiveness assessed as well. 

(cid:198)  Work  will  continue  to  enhance  transport  security,  notably  through  deployment  of  new 
technologies  to  defeat  the  efforts  by  terrorists  to  escape  detection  (e.g.  by  using  liquid 
explosives or non-metallic materials). While respecting fundamental rights, we need to ensure 
the  security  of  passengers.  The  involvement  of  stakeholders  is  particularly  important  in  the 
field of transport security. 

The issue of standardisation and certification of security solutions (e.g. detection technology) 
should be  taken  forward,  as  part of efforts to develop a European industrial security policy. 
An EU-wide process for testing and trialling security solutions, as well as a system of mutual 
recognition of certification results, should be put in place.  

(cid:198)  One  of  the  main  challenges  is  to  ensure  that  the  links  between  public  sector  users  -
including law enforcement practitioners - the research community, and technology providers 
and industry are strengthened and maintained in order to ensure an effective security research 
policy and, by doing so, contribute to a high level of security.  

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OJ L 117, 4.5.2005, p.13. 
OJ L 360, 19.12.2006, p. 64. 

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2.3. 

PURSUE  

This strand of the EU Counter-Terrorism Strategy covers issues such as information gathering 
and  analysis,  impeding  terrorists'  movements  and  activities,  police  and  judicial  cooperation, 
and combating terrorist financing. 

2.3.1.  Main achievements  

A  significant  number  of  instruments  enhancing  the  gathering  and  exchange  of  information 
between  the  law  enforcement  agencies  and  judicial  authorities  of  the  Member  States  have 
been agreed in recent years. These include the Data Retention Directive, the integration of the 
Prüm  framework  into  EU  legislation  and  the  Framework  Decision  on  simplifying  the 
exchange of information and intelligence between law enforcement authorities. The European 
Arrest  Warrant  has  facilitated  the  transfer  of  persons  suspected  of  serious  crimes,  including 
acts  of  terrorism,  between  the  Member  States21.  The  first  phase  of  the  European  Evidence 
Warrant,  which  makes  it  easier  to  obtain  evidence  in  another  Member  State  was  also 
adopted22. 

The  functioning  of  Europol  was  enhanced  by  way  of  its  new  legal  framework,  and  its 
cooperation  with  Eurojust  was  strengthened.  Europol  has  contributed  significantly  to  the 
implementation  of  many  elements  of  the  counter-terrorism  strategy,  including  by  way  of 
information exchange and its analysis work files, as well as through developing more strategic 
instruments,  such  as  the  European  Bomb  Database  and  the  Early  Warning  System  for 
explosives and Chemical, Biological, Radiological and Nuclear (CBRN) material.  

Legal  provisions  have  been  put  in  place  to  tackle  terrorist  financing,  in  particular  the  third 
Anti-Money  Laundering  Directive.  EU  legislation  concerning  the  procedures  for  listing 
persons and entities related to terrorism with a view to freezing their assets has been reviewed 
to  ensure  its  compliance  with  fundamental  rights.  This  review  comprised,  in  particular,  the 
right to an effective redress and the rights of the defence of the persons and entities concerned 
in line with the case law of the European Court of Justice. Finally, Regulation 1889/200523 of 
the European Parliament and the Council of 26 October 2005 on controls of cash entering or 
leaving  the  EU  contributes  to  the  prevention  of  terrorism  financing  through  monitoring  the 
movements of cash at the EU borders. 

Apart  from  legislation,  the  Commission  also  develops  policy  measures  to  counter  terrorist 
financing,  for  example  voluntary  guidelines  to  address  the  vulnerability  of  non-profit 
organisations  with  regard  to  abuse  for  terrorist  financing  purposes.  A  Communication  is 
planned for early 2011. 

2.3.2.  Future challenges 

The  relationship  between  all  of  the  new  legal  instruments  for  information  exchange,  their 
interaction and the best practices for using them, are currently being examined and will be the 

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Council Framework Decision 2002/584/JHA of 13 June 2002 on the European Arrest Warrant and the 
surrender procedures between Member States, OJ L 190, 18.7.2002, p. 1.  
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, OJ 
L 350, 30.12.2008, p. 72. 
OJ L 309, 25.11.2005, p.9 

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subject  of  separate  Communications.  The  challenge  will  be  to  ensure  that  these  instruments 
cover  the  real  needs,  so  that  Member  States'  authorities  can  exchange  the  information 
necessary to prevent and combat terrorist offences while ensuring full respect for the right to 
privacy and data protection rules.  

(cid:198)  This  includes  determining  the  right  way  to  establish  a  European  policy  for  the  use  of 
passenger name record (PNR) data to combat terrorism and organised crime.  

On terrorist financing, the Treaty on the Functioning of the European Union introduced a new 
provision (Art. 75 TFEU)  which can serve  as a legal basis for establishing a framework  for 
specific administrative measures, such as the freezing of funds or financial assets belonging to, or 
owned by, natural or legal persons, groups or non-State entities. 

The Commission will also examine the need to adopt EU legislation on investigation techniques 
which are particularly relevant for investigating and preventing terrorist crimes.  

(cid:198) This issue may be tackled by way of a legislative proposal for a comprehensive regime on 
obtaining  evidence  in  criminal  matters  based  on  the  principle  of  mutual  recognition  and 
covering all types of evidence, which the Commission will prepare in 2011. 

A final challenge under this strand is to ensure that the EU's policy in the counter-terrorism 
area is adequately evidence-based and supported by the best available threat assessments. Part 
of the answer to that challenge will come from jointly establishing a methodology based on 
common parameters for analysing threats at European level. 

2.4. 

RESPOND  

This  strand  of  the  EU  Counter-Terrorism  Strategy  brings  together  issues  such  as  civilian 
response capacity to deal with the aftermath of a terrorist attack, early warning systems, crisis 
management in general and assistance to victims of terrorism. 

2.4.1.  Main achievements 

The main element of the EU response which has been developed over the past years is the EU 
Civil  Protection  Mechanism,  which  ensures  a  coordinated  response  to  any  crisis,  including 
terrorist attacks, capitalising on the Member State's capabilities. In addition, mechanisms have 
been put in place both at the European Union level (the Crisis Coordination Arrangements - 
CCA) and specifically for the Commission (the ARGUS system) to arrange for a coordinated 
response to crises. Regular exercises take place to practice these arrangements at all levels.  

Europol  has  an  important  role  too  in  responding  to  terrorist  incidents,  in  particular  where 
these have cross-border effects: it supports coordinated responses to such incidents by way of 
its information exchange mechanisms. 

The capabilities of the Member States to respond to terrorist incidents have been reviewed by 
way  of  the  second  peer  evaluation  exercise.  The  final  report  on  this  initiative  was  recently 
adopted, and makes a number of concrete recommendations to the Member States to improve 

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their  efforts.  These  relate  to  structural  issues,  communications,  improved  cooperation  and 
contact with the public24.  

Given the potential far-reaching consequences if terrorists would obtain Chemical, Biological 
or  Radiological/Nuclear  (CBRN)  materials,  the  Commission  has  worked  on  better  securing 
such materials since 2006. The Commission adopted a Communication and draft EU CBRN 
Action Plan in June 2009, which was approved by the Council in November 2009. The EU 
CBRN Action Plan consists of 130 specific actions in the areas of prevention, detection and 
response to CBRN incidents, and  establishes  a clear agenda of  work for the Member States 
and  the  EU  for  the  years  to  come.25  In  the  preparedness  and  response  area,  this  includes 
ensuring  that  CBRN  risks  are  taken  on-board  in  emergency  planning,  organising  regular 
CBRN exercises, strengthening counter-measures and improving information flows.  

Victims of terrorist attacks have been consistently supported by the Commission, including by 
financing  activities  aimed  at  improving  their  situation.  Over  the  last  five  years,  around  €  5 
million  has  been  made  available  to  support  victims  of  terrorism.  The  Commission  also 
finances a Network of Associations of Victims of Terrorism. The main aim of this network is 
to  stimulate  trans-national  co-operation  between  associations  of  victims  of  terrorism  and 
enhance the representation of victims' interests at EU-level. 

2.4.2.  Future challenges 

An evaluation of the EU civil protection policy is currently underway which will inform the 
necessary  follow-up  actions.  The  Commission  is  also  looking  into  ways  of  reinforcing 
coordination and cooperation to facilitate consular protection, notably during crises, and will 
present a Communication to this end in the autumn of this year.  

(cid:198)  The  EU's  role  in  crisis  and  disaster  management  will  need  to  be  further  developed,  in 
particular,  by  developing  the  EU  rapid  response  capacity  based  on  existing  instruments  for 
humanitarian aid and civil protection.  

The implementation of the EU CBRN Action Plan is a priority. The structures for supporting 
implementation  of  the  CBRN  Action  Plan  were  put  in  place  at  the  beginning  of  2010,  and 
work  is ongoing.  The  Commission will support the  implementation also  by way of  targeted 
calls for proposals under the financial programme established to support combating terrorism 
and organised crime. 

The Action Plan implementing the Stockholm Programme indicates that a legislative proposal 
to  provide  a  comprehensive  instrument  on  the  protection  of  victims,  including  victims  of 
terrorism, will be proposed by the Commission in 2011. 

(cid:198)  An  important  new  element  is  the  solidarity  clause,  introduced  in  the  Treaty  on  the 
Functioning  of  the  European  Union  (Article  222).  The  implementing  arrangements  for  this 
mandatory mechanism will need to be established quickly. 

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2.5. 

Horizontal issues 

In  addition  to  the  four  strands  of  the  counter-terrorism  strategy  of  2005,  a  number  of 
horizontal issues are important for the implementation of the strategy. These include respect 
for fundamental rights, cooperation with external partners in the field of combating terrorism, 
and funding.  

2.5.1.  Respect for fundamental rights 

Respect  for  fundamental  rights  and  the  rule  of  law  is  at  the  heart  of  the  EU’s  approach  to 
countering  terrorism.  Measures  to  fight  this  scourge  must  always  be  undertaken  within  the 
framework of full respect for fundamental rights. The EU must be exemplary in this respect 
and  the  Charter  of  Fundamental  Rights  of  the  EU  must  be  the  compass  for  all  EU  policies. 
This is not only a legal requirement but also a key condition for promoting mutual confidence 
between national authorities and trust among the public at large. The Commission is therefore 
dedicated to ensuring that all tools that are deployed in the fight against terrorism fully respect 
fundamental  rights.  In  particular,  it  must  be  ensured  that  information  exchange  for  anti-
terrorism  purposes  is  compliant  with  the  rights  enshrined  in  the  Charter  of  Fundamental 
Right, in particular the protection of personal data, and EU legislation in this area. Moreover, 
the  Commission  is  committed  to  ensuring  that  its  policies  promote  inclusiveness  and 
participation and do not stigmatise any particular group of people.  

In this context, reference can be made to a report prepared by the Commission in 2009, which 
provides a synthesis of the replies from the Member States to a questionnaire on criminal law, 
administrative law/procedural law and fundamental rights in the fight against terrorism26. It is 
important  to  follow  developments  in  Member  States,  including  legal  challenges  brought 
against counter-terrorism measures in national courts, and to draw conclusions for sustainable 
policy-making at EU level in this field. 

(cid:198) The priority will be to ensure that any EU legislation and actions in this area fully complies 
with the Charter of Fundamental Rights, including implementing legislation put in place  by 
the Member States. 

2.5.2. 

International cooperation and partnerships with third-countries  

Following  the  events  of  September  2001,  many  efforts  have  focussed  on  creating  the 
necessary  legal  and  political  framework  conditions  for  enhanced  cooperation  with  the  EU's 
external  partners  in  the  field  of  combating  terrorism.  This  has  included  working  through 
international  organisations  and  bodies,  such  as  the  United  Nations  and  the  G8,  as  well  as 
developing close partnerships with a number of third countries, in particular the United States.  

The  United  Nations  has  developed  its  own  global  counter-terrorism  strategy,  which  was 
adopted  by  the  General  Assembly  in  September  2006.  Counter-terrorism  initiatives  are  also 
pursued by the Council of Europe and the OSCE. The G8 has also been active in this area, in 
particular via its Roma/Lyon Group and the Counter-Terrorism Action Group.  

There  are  also  linkages  between  the  policies  developed  for  internal  security  within  the 
European Union and their international dimensions. For example, the EU CBRN Action Plan 

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has interrelations with the world-wide efforts to combat the proliferation of Weapons of Mass 
Destruction. There are also very close links between the Action Plan and the Global Initiative 
to  Combat  Nuclear  Terrorism.  Moreover,  the  functioning  of  the  EU's  export  control  regime 
for dual-use items significantly contributes to limiting the access of state and non-state actors 
to  materials  which  could  be  used  to  make  chemical,  biological  or  nuclear  weapons.  The 
Commission leads developments in this area. 

The relationship with the United States has taken a special place in the EU's efforts to combat 
terrorism. Several joint declarations were adopted in 2009 and 2010, notably the EU-US Joint 
Statement  on  the  closure  of  the  Guantanamo  Bay  detention  facility  and  future  counter-
terrorism  cooperation,  the  EU-US  Statement  on  enhancing  transatlantic  cooperation  in  the 
area  of  justice,  freedom  and  security,  the  joint  Toledo  Statement  on  aviation  security  and  a 
EU-US 2010  counter-terrorism  declaration. A  number  of  important agreements with the US 
have  also  been  put  in  place.  These  include  two  cooperation  agreements  with  Europol,  a 
cooperation agreement with Eurojust and an agreement on Passenger Name Records (PNR). 
An  agreement  on  the  Terrorist  Financing  Tracking  Programme  (TFTP)  has  recently  been 
finalised. All these agreements have aimed to ensure that the information needed to prevent 
terrorism is available to the relevant law enforcement authorities in accordance with EU legal 
requirements. Agreements on the transfer of PNR data have also been signed with Canada and 
Australia. 

At  the  expert  level,  too,  a  number  of  concrete  steps  have  been  taken  to  improve  practical 
cooperation with our partners on counter-terrorism issues, including an EU-US expert seminar 
on the security of explosives at the end of 2008. Since then, further EU-US expert seminars 
were organised in 2010 on explosives, critical infrastructure protection and the prevention of 
violent  extremism.  Last,  EU-US  counter-terrorism  cooperation  takes  place  on  the  ground  in 
several third countries and in international fora such as the United Nations. 

(cid:198) The main challenge will be to further develop cooperation channels and mechanisms with 
external partners, especially the US, which will enable the EU to engage with these partners 
more effectively and in a more structured way, both at the strategic and at the practical level. 
Such  reinforced  cooperation  should  not  only  focus  on  internal  security  aspects  but  also  on 
third countries and regions identified as common priorities in combating terrorist threats, such 
as  Afghanistan,  Pakistan,  Iraq,  Yemen,  Somalia  or  the  Sahel  region.  EU  agencies,  in 
particular  Europol  and  Eurojust,  should  continue  to  be  closely  involved  in  the  cooperation 
with external partners to strengthen the EU added value.  

Such  endeavours  should  take  stock  of  research  on  the  socio-economic  situation  of  those 
countries  to  highlight  possible  roots  of  radicalisation  or  terrorist  recruitment  as  well  as 
endogenous  response  capacities,  and  should  take  fundamental  rights  as  a  basis  for  dialogue 
with the relevant partners. 

2.5.3.  Funding 

Increasingly, funding has proven to be an important part of supporting both the EU's policies 
to  combat  terrorism,  and  the  efforts  of  the  Member  States.  For  actions  within  the  EU,  such 
funding  has  been  provided  by  way  of  the  programme  Security  and  Safeguarding  Liberties, 
which  includes  the  specific  programme  for  prevention,  preparedness  and  consequence 
management of terrorism and other security-related risks and the programme for prevention of 

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and  fight  against  crime27.  Over  the  period  2007-2013,  a  total  amount  of  745  million  €  has 
been made available to support policies to counter terrorism and organised crime. Dozens of 
projects to support the implementation of the EU counter terrorism strategy have been funded 
from these programmes, and the number of applications continues to rise. 

(cid:198)  The Commission will make proposals on funding for the post-2013 period in the context 
of the next multi-annual financial framework and will consider the feasibility of setting up an 
Internal Security Fund. 

With regard to external actions, the Instrument for Stability was created in 2006 to provide the 
EU  with  a  strategic  tool  to  address  a  number  of  global  security  challenges,  including 
countering  transnational  terrorist  networks.  In  2010  up  to  €  22  million  has  been  made 
available for security-related cooperation in several regions where the threat of terrorism has 
increased. 

3. 

WAY FORWARD  

The  assessment  of  main  achievements  set  out  in  this  Communication  shows  that  there  is  a 
significant  amount  of  work  to  be  taken  forward  over  the  coming  years,  in  particular  in  the 
areas of preventing terrorism and protecting the EU's population against possible attacks and 
their consequences. This should be the main focus of the European Union's efforts in this area 
and the Commission will go into the identified challenges in more detail in the framework of 
the broader Internal Security Strategy - a Communication on the Internal Security Strategy is 
under preparation. 

The  Counter-Terrorism  Strategy  of  2005  has  proved  its  worth  in  bringing  together  and 
encouraging  the  implementation  of  a  broad  array  of  actions  and  instruments  which  have 
contributed significantly to combating terrorism at the EU level. The benefit of having such 
an over-arching strategy is that it has allowed the European Union to develop more systematic 
and  less  incident-driven  policy-making.  The  strategy's  continued  relevance  was  recently 
confirmed  by  the  Stockholm  Programme.  However,  as  indicated  in  the  Action  Plan 
implementing  the  Stockholm  Programme,  the  new  institutional  framework  offers  the  Union 
an unprecedented opportunity to better interlink its different counter terrorism instruments, as 
well as the internal and external dimension. Although the relevance of and the main approach 
taken by the Strategy as such are not under discussion, the time is now right to take this a step 
further and look at both the implementation of the Strategy at the national level and at ways to 
ensure that the Strategy continues to be up to date and in line with the latest developments in 
the field. The new institutional structure put in place under the Lisbon Treaty should be given 
special consideration in this work.  

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OJ L 58, 24.2.2007, p. 1. 

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In order to support this work, the Commission will  launch  a  study  to  make  a  more  detailed 
evaluation of the current policies and priorities, which should be available in time for the mid-
term  evaluation  of  the  Stockholm  Programme.  This  is  important  in  order  to  support  all  key 
players  at  EU  level  –  Council,  Parliament,  Commission  –  with  a  common  vision  and 
understanding of the future priorities in the counter-terrorism field. 

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