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EC action paper in response to the terrorist attacks on Madrid

Summary of the new proposals:

Register and database of persons, groups, entities

It is essential in the fight against terrorism for the relevant services to have the fullest and most up-to-date information possible in their respective fields, including information on convictions. The Commission will propose by the end of March 2004 a proposal for a Council Decision aimed at broadening the exchanges of information on convictions for terrorist offences and cooperation between Member States, Europol and Eurojust. It represents a major element for avoiding infiltration of terrorist groups in legal activities in the objective to fight against financing of terrorism.

• The establishment of a European Register on convictions and disqualifications for individuals and bodies corporate should also be envisaged as a real contribution to the effectiveness of the fight against crime in general, and terrorism in particular. The Commission will issue proposals before the end of this year in order to establish such a register.
  
  
• Work is to be launched in the Forum on Organised Crime Prevention for the establishment of a database of persons, groups and entities covered by restrictive measures for the fight against terrorism or under criminal proceedings for terrorist offences. This work will be undertaken in partnership with the private sector and in liaison with Europol.
  
  
• Freezing the funds or other financial assets and economic resources of individuals, groups and entities involved in terrorism is a key tool to combat terrorism. Several legal instruments have been adopted in the wake of September 11 events under the Title V of the TEU, which provide for the freezing of the funds and other financial assets or economic resources of persons, groups and entities involved in acts of terrorism. The lists of terrorist organisations/assets should become operational and reactive on a "real time" basis. They urgently need to be streamlined and the Commission is ready to assist Member States in that regard. Allowing for modification of the lists under qualified majority voting is an option as is the replacement of the present three lists by only two, one on suspected cases/threats, the other one as a record of past terrorist activity. This last list, to be set up in a form of a court record, should cover not only decisions on the freezing of assets connected to terrorism but also all condemnations for terrorist behaviour.

Exchange of information/a clearing house

The Union should put in place a new coordination mechanism for the exchange of information -a clearing house mechanism - where law enforcement, judicial authorities and intelligence services meet to enhance mutual trust and exchange operational intelligence enabling each to perform its duty properly. Europol and Eurojust should be fully involved, together with national intelligence and law enforcement networks. In accordance with the Treaty provisions, the Commission could be fully associated. The priorities of the aims of such exchange of information mechanism should be set up by Council, although one could think of prioritising its activities on (i) the method of recruitment of terrorist organisations, (ii) the identification of the sleeping cells, (iii) their financial powerbases in civil society and (iv) their external connections The exchange of information among and between national authorities and at EU level must be dramatically improved. More than new institutions or bodies, the Union has to come forward with a comprehensive across the board methodology for the exchange of information.

This new coordination mechanism should neither be a European CIA not just a second pillar instrument. Terrorism is first and foremost an internal security matter and therefore the mechanism we suggest to establish should exchange information mostly within a third pillar umbrella. In this way, we put existing Community, Union, international and national - networks in dialogue among themselves rather than losing time destroying existing and creating new procedurally time-consuming institutions and bodies.

Traceability and control of the weapons of terror and precursors

• We need to urgently review whether we have adequate measures in place to allow us to monitor and trace bomb-making materials such as explosives, detonators, and radioactive sources as well as precursors. Detection and traceability should become our key words here. The tracing and checking of dangerous goods and explosives should be made possible by creating new databases or upgrading existing databases such as SIS II with new functionalities, as well as making full use of advanced technologies such as satelliteenhanced (GALILEO) RFID (Radio Frequency Identification Device) tracking.
  
  
• The Member States must strengthen the identification, control and interception of illegal trafficking in WMD materials. This should include (i) Member States' support for international initiatives aimed at disrupting WMD networks, (ii) the interception of illegal WMD shipments, as well as measures aimed at enhancing controls on WMD related material in the EU, including the transit and transhipment of sensitive materials and (iii) the development of common policies related to criminal sanctions for illegal export, brokering and smuggling of such material.

Bio-terrorism

Tackling bio-terrorism requires specific Health Security measures. It is also apparent that the health and security communities are not communicating as they should and that urgent action should be taken in order to remedy this state of affairs. Building on work already done, the EU and Member States should accelerate the implementation of a Health Security Strategy addressing in particular (i) the adoption of a general EU Emergency Preparedness Plan, (ii) joint emergency planning and response exercises, (iii) an agreed risk incidence classification scale, and (iv) most crucially, ensuring the mutual availability of adequate stocks of medicines and vaccines. A European Centre for Disease Prevention and Control (ECDC) will be established in 2005 and will prioritise the coordination of efforts to improve surveillance, notification, response, assistance, communication and laboratory capacity on health security matters.

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• Questions and Answers on the EU and Civil Protection (25/3/2004)
• Civil protection - upgrading the EU's capacity to respond to major disasters (25/3/2004)
• Existing legislative instruments relevant to the fight against terrorism (18/3/2004)
• President Prodi's declaration on the bomb attacks in Madrid (11/3/2004)
• EU action in response to 11th September 2001 (9/9/2002)