Tag Archives: Terrorism

Cooperation with the African Centre for Study and Research on Terrorism

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Cooperation with the African Centre for Study and Research on Terrorism

Outline of the Community (European Union) legislation about Cooperation with the African Centre for Study and Research on Terrorism

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Development > African Caribbean and Pacific states (ACP)

Cooperation with the African Centre for Study and Research on Terrorism

Document or Iniciative

Council Joint Action 2007/501/CFSP of 16 July 2007 on cooperation with the African Centre for Study and Research on Terrorism in the framework of the implementation of the European Union counter-terrorism strategy.

Summary

This Joint Action offers the support of the European Union (EU) to the Member States of the African Union (AU). Its objective is to improve the organisation of the capacities of the Member States of the AU in the fight against terrorism and to strengthen cooperation, in particular through the exchange of information.

The EU undertakes to provide financial support to the African Centre for Study and Research on Terrorism (ACSRT) with a view to improving the efficiency of the counter-terrorism arrangements of the African countries.

African Centre for Study and Research on Terrorism

Since its creation in 2004, the ACSRT has been responsible for evaluating the terrorist threat in Africa and for promoting intra-African cooperation against terrorism. It deals more specifically with carrying out training measures, conducting studies, setting up databases for gathering, exchanging and analysing information, as well as for terrorism-related surveillance and alerts.

Project

The project consists in carrying out audit missions on national counter-terrorism arrangements and providing advice on reorganisation in the AU Member States. To achieve this, an action plan, drawn up by the EU, will be presented at the next seminar in Addis Ababa.

This seminar will bring together two representatives from the 53 countries of the AU, Morocco, the United Nations Office on Drugs and Crime (UNODC), the ACSRT and each EU Member State, as well as the EU Counter-terrorism Coordinator.

At the close of the seminar, the African States will declare whether they wish to receive an audit mission or not. The audit teams will be made up of two specialists from the EU Member States and one member of the ACSRT and will be responsible for drawing up reports containing recommendations. If they are accepted by the audited countries, the latter will implement them, with monitoring by the ACSRT.

In parallel, the evaluations recording the possible improvements are forwarded to the ACSRT, which in turn sends them to the Council for communication to the Member States. On the basis of these evaluations, the ACSRT, with the agreement of the EU, can make recommendations to the audited countries.

Implementation

The Presidency, assisted by the Secretary-General of the Council/High Representative for the Common Foreign and Security Policy (CFSP), is responsible for the implementation of this Joint Action.

The ACSRT is responsible for:

  • the technical implementation of the project;
  • the organisation of the Addis Ababa seminar;
  • contact with the States which have accepted the action plan;
  • proper management of the audit missions in operational and financial terms;
  • coordination of the project;
  • drawing up regular project evaluation reports.

The Council and the Commission ensure consistency between the implementation of this Joint Action and other external activities of the Community.

Terms and conditions

The project implementation budget amounts to EUR 665 000. The Commission is responsible for supervising the proper management of expenditure, supplying the information relating to the financial aspects, concluding a financing agreement with the ACSRT and informing the Council of any difficulties.

The Joint Action enters into force on the day of its adoption and expires 18 months after the conclusion of the financing agreement or on 16 July 2008, if no agreement has been concluded before that date.

Background

This Joint Action is part of the EU counter-terrorism strategy, the EU’s strategy for Africa, the Plan of Action on the Prevention and Combating of Terrorism in Africa and the Convention on the Prevention and Combating of Terrorism, signed in Algiers.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Joint Action 2007/501/CFSP 16.7.2007 – OJ L 185 of 17.7.2007

Stepping up cross-border cooperation

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Stepping up cross-border cooperation

Outline of the Community (European Union) legislation about Stepping up cross-border cooperation

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Justice freedom and security > Police and customs cooperation

Stepping up cross-border cooperation (Prüm Decision)

Document or Iniciative

Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime.

Summary

The purpose of this decision is to step up cross-border police and judicial cooperation between European Union (EU) countries in criminal matters. In particular, it aims to improve the exchanges of information between the authorities responsible for the prevention and investigation of criminal offences. The decision sets out provisions with regard to:

  • the automated access to DNA profiles *, dactyloscopic data * and certain national vehicle registration data;
  • supply of data in relation to major events;
  • supply of information in order to prevent terrorist offences;
  • other measures for stepping up cross-border police cooperation.

Establishment of national databases and automated access to data

EU countries are to establish national DNA analysis files for the purpose of investigating criminal offences. Reference data, consisting of the non-coding part of the DNA * and of a reference number that does not enable an individual to be identified, must be made available to other EU countries to carry out automated searches *. These searches are performed via national contact points by comparing DNA profiles, but only on the basis of individual cases and in a hit/no-hit * manner. If the search provides a match, the national contact point carrying out the search receives the reference data in an automated manner. If no profile is found for a particular individual who is under investigation or against whom criminal proceedings have been brought, the requested EU country may be obliged to establish a DNA profile for that individual.

EU countries must also make available reference data from the national automated fingerprint identification systems (AFIS). For this purpose, the reference data will consist only of dactyloscopic data and a reference number. The searches are carried out by comparing dactyloscopic data and, similarly to DNA searches, only in individual cases on a hit/no-hit basis. Confirmation of the match is conducted by the national contact point of the requesting EU country. Supply of further available personal data for matching DNA or dactyloscopic data and other information relating to the reference data is governed by national law, including the mutual legal assistance (MLA) in the requested EU country.

The national contact points shall also be given access to certain national vehicle registration data via automated online searches. These searches may only be conducted with a full chassis or registration number.

Supply of data in relation to major events

In relation to any major events that have a cross-border dimension, EU countries must provide each other non-personal data via their national contact points, as required for the purpose of preventing criminal offences and maintaining public order and security. Personal data may be supplied only if the data subjects are considered a threat to public order and security or if it is believed that they will commit criminal offences at the events. However, this data may only be used in relation to the event it was provided for and must be deleted once it has served its purpose, but no later than a year after it was supplied.

Supply of information to fight terrorism

For the purpose of preventing terrorist offences, but only in individual cases and to the extent required by the conditions leading to the supposition that criminal offences will be committed, EU countries may provide the following data to each other via the national contact points:

  • surname and first names;
  • date and place of birth;
  • description of the conditions leading to the supposition that criminal offences will be committed.

The country providing this data may impose certain binding conditions on the receiving country for the data usage.

Other measures for enhancing cross-border police cooperation

EU countries may effectuate joint patrols and other joint operations to prevent criminal offences and to maintain public order and security on a given EU country’s territory. In such cases, designated officers and officials from the seconding country participate in the hosting country’s operations. The seconding officers may be conferred executive powers, or they may be allowed to exercise their executive powers, but only under the guidance and in the presence of the host officers. The competent authority of the host country is responsible for the command and actions of the seconding officers.

With regard to mass gatherings and other comparable major events, disasters and serious accidents, EU countries are to provide mutual assistance to each other. This assistance should consist of information exchanges, coordination of police measures and contribution of material and physical resources.

An EU country must provide assistance and protection to the other country’s officers on duty, which is equivalent to that provided for its own officers.

Provisions on data protection

EU countries must guarantee that personal data processed according to this decision is protected by their national laws. Only the relevant competent authorities may process personal data. They must ensure the accuracy and current relevance of the data. Steps must be taken to rectify or delete incorrect data or data that was supplied when it should not have been. Personal data must be deleted if no longer needed for the purpose it was made available or if the storage time, as provided by national law, has expired.

The relevant authorities must take technical and organisational measures to protect personal data against destruction, loss, unauthorised access, alteration or disclosure. For the purpose of verifying the permissibility of the non-automated processing of personal data, this processing must be logged. Similarly, the automated processing of personal data must be recorded. The independent data protection authorities in EU countries are responsible for the legal examinations of the processing of personal data.

Any individual has the right to information on the data that has been processed in relation to his/her person, including information on the origin of the data, the recipients of the data and the purpose and legal basis for the processing of the data. The individual may request corrections to or the deletion of inaccurate or unlawfully processed data. If the individual’s rights with regard to data protection have been violated, he/she may lodge a complaint with an independent court or a tribunal and claim for damages or other legal compensation.

Background

The conclusions of the Tampere European Council of October 1999 asserted the need to enhance the exchange of law enforcement information between EU countries, which was further confirmed by the Hague Programme of November 2004.

The Prüm Treaty of 27 May 2005 on the stepping up of cross-border cooperation, particularly on combating terrorism, cross-border crime and illegal migration, signed between Belgium, Germany, Spain, France, Luxembourg, the Netherlands and Austria, lays down procedures for more efficient exchanges of information in the framework of criminal investigations. This decision aims to incorporate the provisions of that Treaty into the EU legal framework.

Key terms used in the act
  • Dactyloscopic data: fingerprint images, images of fingerprint latents, palm prints, palm print latents and templates of such images that are stored and dealt with in an automated database.
  • Non-coding part of DNA: chromosome regions that are not expressed genetically.
  • DNA profile: a letter or number code that represents a set of identification characteristics of the non-coding part of an analysed human DNA sample.
  • Automated searching: an online access procedure for consulting the databases of one, several, or all of the EU countries.
  • Hit/no-hit procedure: in this procedure the parties grant each other limited access to the reference data in their national DNA and fingerprint databases and the right to use these data to conduct automated checks of fingerprints and DNA profiles. The personal information related to the reference data is not available to the requesting party.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Decision 2008/615/JHA

26.8.2008

26.8.2009
(26.8.2011 for Chapter 2 provisions)

OJ L 210 of 6.8.2008

Related Acts

Council Decision 2008/616/JHA of 23 June 2008 on the implementation of Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime [Official Journal L 210 of 6.8.2008].

This decision provides the administrative and technical provisions that are indispensable for implementing Decision 2008/615/JHA. The focus is especially on the automated exchanges of DNA, dactyloscopic and vehicle registration data, as well as on other forms of cooperation. The technical provisions are set out in the annex to the decision.

Council Decision 2010/482/EU of 26 July 2010 on the conclusion of the Agreement between the European Union and Iceland and Norway on the application of certain provisions of Council Decision 2008/516/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime and Council Decision 2008/616/JHA on the implementation of Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime, and the Annex thereto [Official Journal L 238 of 9.9.2010].

The EU’s 2009 Annual Report on Human Rights

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The EU’s 2009 Annual Report on Human Rights

Outline of the Community (European Union) legislation about The EU’s 2009 Annual Report on Human Rights

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These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Human rights > Human rights in non-EU countries

The EU’s 2009 Annual Report on Human Rights

Document or Iniciative

Human rights and democracy in the world: report on EU action – July 2008 to December 2009 , Council of the European Union – Brussels, 10 May 2010 [Not published in the Official Journal].

Summary

Human rights and democracy are founding values of the European Union (EU), which is committed to promoting them in its external relations. The aim of this eleventh annual report on human rights and democracy is to present an outline of the actions pursued by the EU in this field between 1 July 2008 and 31 December 2009.

Actions in non-EU countries

The EU has several instruments for implementing its policies on human rights and democracy.

During the eighteen months covered by this report, the EU adapted some of the guidelines on which its policy is based, including the guidelines for the promotion of compliance with international humanitarian law and those on human rights dialogues.

The EU currently holds dialogues focused on human rights with around forty countries. The EU makes respect for human rights an essential element of the agreements concluded with non-EU countries. Under the Cotonou Agreement, it has opened consultations with Fiji, Guinea, Madagascar, Mauritania, Niger and Zimbabwe following violations of human rights and democracy in these countries.

The EU adopted numerous joint actions and common positions. These are legal instruments which define the position to be adopted by the European Union or the means of operational action to be undertaken against human rights violations or in crisis situations. It renewed and extended sanctions against people threatening the peace process in Côte d’Ivoire. Since December 2008, the EU has also conducted a naval operation against piracy off the coast of Somalia (operation EU NAVFOR ATALANTA).

6. In 2008-2009, the EU dedicated EUR 235 million to protecting human rights and democracy, specifically through the European Instrument for Democracy and Human Rights (EIDHR).

Thematic issues

Many issues are at the heart of the EU’s human rights and democracy policy, in particular:

  • the death penalty, which has been abolished in Burundi and in the US state of New Mexico. The EU played a decisive role in the adoption of the UN General Assembly’s Resolution 63/168 in favour of a moratorium on the death penalty;
  • torture and other cruel, inhuman or degrading treatment or punishment. The EU continued to express its concerns in this respect with the non-EU countries concerned. In particular, it intervened in individual cases in Iran, Zimbabwe, China, Bangladesh and Sudan;
  • children and armed conflicts. A process to evaluate the implementation of the EU’s guidelines on children and armed conflicts in priority countries has been initiated;
  • human rights defenders. The EU has reviewed its guidelines in this respect and drawn up implementation strategies for more than sixty countries;
  • the human rights of women. A set of guidelines on violence against women and combating all forms of discrimination against them has been adopted;
  • the International Criminal Court and the fight against impunity. The EU continues to promote the universality and integrity of the Rome Statute in many countries;
  • human rights and terrorism. The EU reaffirmed the need to ensure respect for human rights in counter-terrorism. It welcomed the United States’ decision to close the Guantánamo Bay detention centre;
  • freedom of expression. Particular attention has been paid to the relationship between freedom of expression and new technologies;
  • election support. The EU deployed sixteen election observation missions during the period covered by this report;
  • asylum, migration, refugees and displaced persons. The adoption of the Stockholm Programme confirmed that the development of a European migration policy and the completion of a common European Asylum System remain key EU objectives;
  • trafficking in human beings. This is a priority of the new “Prevention of and fight against crime” financing programme;
  • rights of persons belonging to minorities. A European platform for Roma inclusion has been created;
  • rights of persons with disabilities. The EU continued the process towards its accession to the United Nations Convention on the Rights of Persons with Disabilities.

Role in international bodies

On the initiative of the EU, a new interregional resolution on the death penalty was adopted at the 63rd session of the UN General Assembly. Two resolutions tabled by the EU denouncing human rights violations in the Democratic Republic of Korea and in Burma were also adopted.

Cooperation between the EU and the Council of Europe continued in a satisfactory manner. One of the most important issues has been the EU’s accession to the European Convention on Human Rights.

As part of the Organisation for Security and Cooperation in Europe (OSCE), the European Union also participated in the dialogue on the future of European security, which dominated the OSCE agenda in 2009.

New functions for the Schengen Information System in the fight against terrorism

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New functions for the Schengen Information System in the fight against terrorism

Outline of the Community (European Union) legislation about New functions for the Schengen Information System in the fight against terrorism

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These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Justice freedom and security > Fight against terrorism

New functions for the Schengen Information System in the fight against terrorism

These two acts make a number of amendments to the 1990 Schengen Convention and add new functions for the Schengen information system (SIS) that will make it possible to combat terrorism more effectively.

Document or Iniciative

Council Regulation (EC) No 871/2004 of 29 April 2004 concerning the introduction of some new functions for the Schengen Information System, in particular in the fight against terrorism.

Council Decision 2005/211/JHA of 24 February 2005 concerning the introduction of some new functions for the Schengen Information System, in particular in the fight against terrorism.

Summary

At the Laeken European Council, the Member States undertook to step up cooperation between departments specialising in counter terrorism and to find a common definition of terrorist crimes (cf. point 17 of the Conclusions). In June 2002, the Council adopted a framework decision designed to approximate legislative provisions establishing minimum rules at European level relating to the constituent elements of offences and penalties in the field of terrorism.

In addition, it is necessary to improve the Schengen Information System’s operational capacity so as to facilitate effective cooperation with other agencies, such as Europol and Eurojust, which will be authorised under these measures to access a limited number of categories of SIS data.

The Regulation and Decision discussed here were adopted on a Spanish initiative and aim to improve the operation of SIS-I as a useful instrument in combating illegal immigration, crime and terrorism by introducing new functions.

At present, the SIS allows the competent authorities of the Member States to access data on certain categories of persons and objects. As such, it is vital to the smooth operation of the area of security, freedom and justice. It helps to implement the provisions concerning free movement of persons (Title IV of the EC Treaty) and those concerning police and judicial cooperation in criminal matters (Title VI of the EU Treaty).

Cf. Article 93 of the 1990 Schengen Convention states that the purpose of the SIS is to maintain public order and security, including state security, and to apply the provisions of this Convention relating to the movement of persons.

Since certain provisions of the 1990 Schengen Convention serve both purposes, they have to be amended in identical terms by parallel instruments based on each of the two Treaties. The amendments to the Schengen acquis required for that purpose come in two forms:

  • the Regulation, based on Articles 62, 63 and 66 of the EC Treaty;
  • the Decision, based on Articles 30(1)(a) and (b), 31(a) and (b) and 34(2)(c) of the EU Treaty.

These initiatives are without prejudice to the future development of a second generation Schengen Information System, referred to as ” SIS II “, which will be set up with a view to enlargement and will provide for major innovations in information technology.

The main amendments made to the SIS by the Regulation and the Decision concern:

  • access for Europol and the national members of Eurojust to the data stored in the SIS;
  • extending the list of missing objects for which alerts can be entered – boats, aircraft, containers, residence permits, registration certificates, etc. (category added by Regulation No 1160/2005) and means of payment.

So as to provide the authorities designated to exchange any additional information with a legal basis and to establish rules applicable to deletion of data held by them, other amendments relate to:

  • access to the SIS for the national judicial authorities responsible for investigating and prosecuting crime;
  • the obligation for the Member States to record all transmissions of personal data (in place of the current rule requiring one transmission in ten to be recorded) and extending the period for which records must be kept to up to three years;
  • determination of a common legal basis for the existence and operation of SIRENE (Supplementary Information Request at National Entry) offices – the SIRENE network.

References

Act

Entry into force

Deadline for transposition in the Member States

Official Journal
Regulation (EC) No 871/2004

20.5.2004

–

OJ L 162 of 30.4.2004
Decision 2005/211/JHA

24.2.2005

–

OJ L 68 of 15.3.2005

Related Acts

Council Decision 2005/451/JHA of 13 June 2005 fixing the date of application of certain provisions of Regulation (EC) No 871/2004 concerning the introduction of some new functions for the Schengen Information System, including in the fight against terrorism [Official Journal L 158 of 21.6.2005].

Council Decision 2005/719/JHA of 12 October 2005 fixing the date of application of certain provisions of Decision 2005/211/JHA concerning the introduction of some new functions for the Schengen Information System, including in the fight against terrorism [Official Journal L 271 of 15.10.2005].

Council Decision 2005/727/JHA of 12 October 2005 fixing the date of application of certain provisions of Decision 2005/211/JHA concerning the introduction of some new functions for the Schengen Information System, including the fight against terrorism [Official Journal L 273 of 19.10.2005].

Council Decision 2005/728/JHA of 12 October 2005 fixing the date of application of certain provisions of Regulation (EC) No 871/2004 concerning the introduction of some new functions for the Schengen Information System, including in the fight against terrorism [Official Journal L 273 of 19.10.2005].

Freezing funds: list of terrorists and terrorist groups

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Freezing funds: list of terrorists and terrorist groups

Outline of the Community (European Union) legislation about Freezing funds: list of terrorists and terrorist groups

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These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Justice freedom and security > Fight against terrorism

Freezing funds: list of terrorists and terrorist groups

Document or Iniciative

Council Common Position 2001/931/CFSP of 27 December 2001 on the application of specific measures to combat terrorism.

Summary

The extraordinary European Council of 21 September 2001 defined terrorism as one of the main challenges facing the world and identified the fight against terrorism as one of the European Union’s (EU) priority objectives. The purpose of this common position is to apply further measures to combat terrorism, in addition to the United Nations Security Council Resolution 1373 (2001). Specifically, it establishes a list of individuals, groups and entities involved in terrorism whose funds and other financial assets are to be frozen as part of the fight against the financing of terrorism.

Definitions

“Persons, groups and entities involved in terrorist acts” means individuals, groups and entities on whom there is accurate information proving that they have committed, are attempting to commit or are facilitating the commission of terrorist acts.

“Terrorist acts” are defined as intentional acts that may seriously damage a country or an international organisation by intimidating a population, exerting undue compulsion of various types or by destabilising or destroying its fundamental political, constitutional, economic or social structures. The list of terrorist acts includes:

  • attacks on a person’s life or physical integrity;
  • kidnapping or hostage-taking;
  • causing extensive destruction to a public or private facility, including information systems;
  • seizure of means of public transport, such as aircrafts and ships;
  • manufacture, possession, acquisition, transport or use of weapons, explosives, or nuclear, biological or chemical weapons;
  • release of dangerous substances or causing fires, explosions or floods;
  • interfering with or disrupting the supply of water, power or any other fundamental natural resource;
  • directing or participating in the activities of a terrorist group, including by funding its activities or supplying material resources.

Merely threatening to commit any of these criminal acts is also to be treated as a terrorist offence.

The common position also defines “terrorist groups” as structured groups of persons, acting in concert to commit terrorist acts, regardless of their composition or the level of development of their structure.

List of individuals and entities concerned

The list annexed to the common position is drawn up on the basis of investigations carried out by the competent judicial and police authorities in EU countries. It must be revised at least every six months, so as to keep it up to date. The list comprises revolutionary activist groups, as well as the names of individuals belonging to such groups, including:

  • CIRA (Continuity Irish Republican Army);
  • E.T.A (Basque Fatherland and Liberty);
  • G.R.A.P.O (the First of October Anti-Fascist Resistance Group);
  • Hamas-Izz al-Din al-Qassem (terrorist wing of Hamas);
  • LVF (Loyalist Volunteer Force)
  • PIJ (Palestinian Islamic Jihad).

Osama bin Laden and individuals and groups associated with him do not feature on the list, as they are already covered by Council Common Position 2002/402/CFSP of 27 May 2002 concerning restrictive measures against Osama bin Laden, members of the Al-Qaida organisation and the Taliban and other individuals, groups, undertakings and entities associated with them. The measures in this common position are applied by Regulation (EC) No 881/2002, adopted on the same date.

Measures to be taken by the EU and its countries

Acting within the limits of its powers, the EU is to freeze the funds and other financial assets of the individuals and groups on the list. It is also to ensure that these individuals and groups do not gain access to the frozen funds and assets.

Through appropriate police and judicial cooperation, EU countries are to afford each other assistance in preventing and combating terrorist acts. For the purposes of investigating and prosecuting any of the persons and entities on the list, they may fully exploit the powers conferred on them by acts of the EU or under any other bilateral or international agreements.

Similarly to this common position, Council Common Position 2001/930/CFSP of 27 December 2001 on combating terrorism provides for the freezing of the funds and other financial assets and economic resources of individuals and groups facilitating, attempting to commit or committing terrorist acts on the territory of the EU.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Common Position 2001/931/CFSP

27.12.2001

–

OJ L 344 of 28.12.2001

Related Acts

Council Regulation (EC) No 2580/2001 of 27 December 2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism [Official Journal L 344 of 28.12.2001].
This regulation is a necessary EU-level measure that builds on the administrative and judicial procedures relating to terrorist organisations in EU and non-EU countries. It sets out to clamp down on any sort of financing of terrorist activities. To this end, it specifies what is meant by “funds and other financial assets” to be frozen, “banking and other financial services” and “controlling a legal person”. The regulation also provides for exceptions to unfreeze assets in certain circumstances.
The regulation provides for the establishment, review and amending of a list of persons, groups and entities to which it applies. This list has been updated by successive regulations and decisions.

Council Decision 2005/671/JHA of 20 September 2005 on the exchange of information and cooperation concerning terrorist offences [Official Journal L 253 of 29.9.2005].

Agreement between the European Union and the United States on the transfer of financial messaging data

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Agreement between the European Union and the United States on the transfer of financial messaging data

Outline of the Community (European Union) legislation about Agreement between the European Union and the United States on the transfer of financial messaging data

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These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

External relations > Industrialised countries

Agreement between the European Union and the United States on the transfer of financial messaging data

Document or Iniciative

Council Decision 2010/412/EU of 13 July 2010 on the conclusion of the Agreement between the European Union and the United States of America on the processing and transfer of Financial Messaging Data from the European Union to the United States for the purposes of the Terrorist Finance Tracking Program.

Summary

For the purpose of preventing, investigating, detecting or prosecuting terrorism or terrorist financing, this agreement between the European Union (EU) and the United States of America (U.S.) provides for the transfer of:

  • financial payment messages that refer to financial transfers and related data, which are stored in the EU by international financial payment messaging service providers (designated providers), to the U.S. Treasury Department;
  • relevant information acquired from the U.S. Treasury Department’s Terrorist Finance Tracking Program (TFTP) to EU countries’ law enforcement, public security or counter terrorism authorities, or to Europol or Eurojust.

To obtain the necessary data stored in the EU, the U.S. Treasury Department makes a request, and sends any supplemental documents, to a designated provider on U.S. territory. At the same time, it provides a copy of these documents to Europol, which verifies the compliance of the request with the requirements of the agreement and notifies the designated provider accordingly. Once the compliance of the request is confirmed, it will have binding legal effect and the designated provider is required to transfer the requested data to the U.S. Treasury Department.

The U.S. Treasury Department must ensure that certain safeguards, particularly in relation to the protection of personal data, are applied when the provided data is processed. The data may only be processed for the purpose of preventing, investigating, detecting or prosecuting terrorism or terrorist financing. It must be secured from unauthorised access, disclosure and loss, as well as from any unauthorised form of processing. A search of the provided data may only be initiated where there is pre-existing information or evidence indicating that the subject of the search might be connected to terrorism or its financing. All searches and the reasons thereof must be recorded.

The U.S. Treasury Department must delete non-extracted data:

  • no longer necessary for the fight against terrorism, based on (at least) an annual evaluation;
  • transmitted without having been requested;
  • by 20 July 2012 at the latest, if it was received before 20 July 2007;
  • no later than five years after receipt, if it was received after 20 July 2007.

Extracted data may be retained for only as long as is necessary to fulfil the purpose for which it was requested. The agreement also defines safeguards to limit the onward transfers of extracted data.

The U.S. Treasury Department must make information obtained through the TFTP that may contribute to the EU’s actions against terrorism available to the relevant authorities of the EU countries concerned and, as appropriate, to Europol and Eurojust. If any follow-on information is deemed as necessary to the U.S.’s fight against terrorism, it must be similarly conveyed back. To facilitate these exchanges of information, a Europol liaison officer may be delegated to the U.S. Treasury Department.

A relevant EU country authority, Europol or Eurojust may provide the U.S. Treasury Department with a request to search data acquired through the TFTP and to transfer relevant information if there is reason to believe that a person or entity is connected to terrorism or its financing as defined by the framework decision on combating terrorism and the directive on the prevention of the use of the financial system for money laundering.

During the term of the agreement, the Commission will examine the options available for establishing an EU system equivalent to the U.S. TFTP. Once the European system is established, there will be the need to review and possibly modify this agreement and ensure the complementariness of the two systems.

Independent overseers will monitor compliance with the limitations and safeguards of the agreement. They have the authority to review, query and block searches of provided data, as well as to request for additional justifications on the connection to terrorism. One of these overseers will be appointed by the Commission.

Via the national data protection authority, a person has the right to request confirmation that his/her personal data has been processed in compliance with data protection rights. Disclosure of this information may be refused or restricted if necessary for the fight against terrorism or the protection of public or national security. In such cases, a written explanation will be given to the person, together with information on the possibility to seek administrative and judicial redress in the U.S. A person also has the right to request the rectification, erasure or blocking of inaccurate or wrongly processed personal data. To maintain the accuracy of information received or transmitted under this agreement, the data may be supplemented, deleted or corrected by each party. The U.S. Treasury Department provides information on the TFTP on a public website, including on the right of redress.

This agreement enters into force on 1 August 2010 and will remain in force for a period of five years. Afterwards, it will be automatically extended for subsequent periods of one year, unless one of the parties notifies of its intention not to extend it.

References

Act Entry into force Deadline for transposition in the Member States Official Journal

Decision 2010/412/EU

13.7.2010

–

OJ L 195, 27.7.2010

EU counter-terrorism policy

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EU counter-terrorism policy

Outline of the Community (European Union) legislation about EU counter-terrorism policy

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Justice freedom and security > Fight against terrorism

EU counter-terrorism policy

Document or Iniciative

Communication from the Commission to the European Parliament and the Council of 20 July 2010 – The EU Counter-Terrorism Policy: main achievements and future challenges [COM(2010) 386 final – Not published in the Official Journal].

Summary

The communication presents the main European Union (EU) level legislative and policy developments, as well as some of the future challenges, in the field of counter-terrorism. It forms a preparatory step in the EU’s internal security strategy, building on the Stockholm Programme’s counter-terrorism related measures. The communication focuses on the four strands identified in the EU counter-terrorism strategy:

Prevent

The framework decision on combating terrorism is the main EU level legal instrument for dealing with terrorist offences. Amended in 2008, it now also harmonises national provisions relating to the prevention aspects of the fight against terrorism, including terrorist use of the internet. The Commission has also launched a dialogue with law enforcement authorities and service providers to counter terrorist use of the internet. To facilitate this kind of public/private partnerships, a European Agreement Model is currently being developed.

Of the several important policies the EU has adopted in recent years to combat radicalisation and recruitment, the specific EU strategy is a key instrument. Action and implementation plans were approved in 2009 to further the objectives of this strategy. The Commission’s contribution to work in this field has included its communication concerning terrorist recruitment and support for the production of a number of related studies. Furthermore, it has set up a European Network of Experts on Radicalisation (ENER) to facilitate dialogue between academics and policy makers.

In the future, the most effective ways to counter radicalisation and recruitment must be identified more accurately. The related national policies must be assessed, to which end the Commission will launch a communication in 2011, which will also serve as a basis for updating the EU strategy. More effective approaches must also be put in place to counter terrorist use of the internet, including further support to national law enforcement authorities.

Protect

Great efforts have been made in recent years to improve border security, including the introduction of new technologies in the development of the integrated border management system and of biometric passports. The second generation Schengen Information System (SIS II) and the Visa Information System (VIS) are currently being developed. Cyber security is dealt with in the framework decision on attacks against information systems and the action plan to protect critical information infrastructure. To improve transport security, especially regarding civil aviation and maritime transport, an extensive legislative framework has been established. In these two fields, the Commission also closely cooperates with national administrations on a system of inspections of airports and port facilities.

In 2008, an EU action plan for enhancing the security of explosives was approved. The Commission is also working on proposals for measures that aim at improving control of access to precursor substances used for preparing explosives. Several programmes have also been established to support the development of security and counter-terrorism policies, such as the security research programme (as part of the Seventh Framework Programme for Research and Technological Development) and the European Programme for Critical Infrastructure (EPCIP). In relation to the latter, a directive on European critical infrastructures was adopted in 2008 as a first step in creating an EU-wide approach.

Future work must concentrate on improving transport security through the use of new technologies and on developing industrial security policy with focus on standardising and certifying security solutions. Efforts should also be made to ensure the effectiveness of security research policy, in particular by strengthening links between public sector users and the research community as well as technology providers and the industry.

Pursue

In recent years, several instruments relating to data gathering and exchanges have been adopted, such as the Data Retention Directive, the decision on stepping up cross-border cooperation and the framework decisions on simplifying the exchange of information between national law enforcement authorities and on the European evidence warrant. At the same time, improvements have been made to the functioning of Europol and to its cooperation with Eurojust.

The main legislative instrument dealing with the financing of terrorism is the directive on money laundering adopted in 2005. The same year, a regulation on controls of cash entering or leaving the EU was also adopted. There are also non-legislative measures to counter terrorist financing, such as the voluntary guidelines to address non-profit organisations’ vulnerability to abuse for terrorist financing purposes.

An assessment of the new legal instruments for exchanging information is currently underway and will be presented in a separate communication. The need for EU legislation on investigation techniques will also be assessed. In addition, there is the need to establish a methodology based on common parameters for threat assessments at EU level in order to ensure that counter-terrorism policy is adequately supported by evidence.

Respond

The EU Civil Protection Mechanism is the main instrument for responding to terrorist attacks. Additional EU level mechanisms include the Crisis Coordination Arrangements (CCA) and the ARGUS system, which aim at coordinating responses to crises. Europol also supports coordinated responses to terrorist incidents through its information exchange mechanisms.

The EU action plan on chemical, biological, radiological and nuclear security was adopted in 2009, with a view to better preparing and responding to incidents in which terrorists would obtain such materials. The Commission also provides support to victims of terrorist attacks, including financial support.

The EU civil protection policy is currently being evaluated to better prepare for the follow-up actions. An assessment of ways to reinforce coordination and cooperation to facilitate consular protection during crises is also underway. Furthermore, it is essential that the EU rapid response capacity be further developed on the basis of existing instruments.

Horizontal issues

The EU counter-terrorism strategy also includes horizontal issues that are relevant for its implementation:

  • respect for fundamental rights – the tools used to fight terrorism must comply with the Charter of Fundamental Rights;
  • cooperation with external partners – cooperation should be further developed through international organisations, such as the United Nations, and with non-EU countries, particularly the United States;
  • funding – the multi-annual financial frameworks (currently the Security and Safeguarding Liberties Programme) provide funding for counter-terrorism; the feasibility of creating an Internal Security Fund will be examined in future.

Addressing the factors contributing to violent radicalisation

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Addressing the factors contributing to violent radicalisation

Outline of the Community (European Union) legislation about Addressing the factors contributing to violent radicalisation

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Justice freedom and security > Fight against terrorism

Addressing the factors contributing to violent radicalisation

Document or Iniciative

Communication from the Commission to the European Parliament and the Council concerning terrorist recruitment: addressing the factors contributing to violent radicalisation [COM (2005) 313 final – Not published in the Official Journal].

Summary

This communication is the Commission’s initial contribution to the development of a long-term EU strategy for addressing the factors contributing to radicalisation and recruitment to terrorist activities. The measures set out are a combination of:

  • soft measures, such as inter-cultural exchanges among young people;
  • hard measures, such as the prohibition of satellite broadcasts inciting terrorism.

All the measures and recommendations in this communication must be viewed as complementary to, and in support of, current national efforts.

Broadcast media

The [TWF] prohibits any incitement to hatred on grounds of race, sex, religion or nationality in broadcasts. Under some circumstances, this includes third-country programmes transmitted to the EU. The Commission notes that the effective application of this prohibition in third-country programmes is working quite well.

In addition, it plans:

  • to organise a conference on the role of the media in radicalisation and in the fight against terrorism;
  • to support cooperation between national regulatory authorities in the broadcasting field.

Internet

The E-Commerce Directive provides for the possibility of taking appropriate measures against violent radicalisation. Member States may:

  • derogate from the rules governing freedom of movement to take measures, such as sanctions or injunctions, that restrict the provision of a particular on-line service from another Member State where there is a need to protect certain public policy interests;
  • to oblige information society service providers to inform the public authorities immediately of illegal activities;
  • to require the removal of any illegal information.

The Commission encourages Member States to make use of the enabling provisions in the Directive in the most effective way to address violent radicalisation in Europe.

Education, youth engagement and active European citizenship

Various European programmes make it possible to combat violent radicalisation:

  • the Youth programme develops understanding of cultural diversity in Europe;
  • the 2007 Culture programme promotes intercultural dialogue and enhances the understanding of cultural diversity;
  • the Socrates programme is designed, among other things, to develop concepts of European citizenship.

In the same connection, the Commission has launched a proposal to adopt a new programme entitled “Citizens for Europe”. One of the objectives of this programme, which is designed to promote active European citizenship, is to enhance mutual understanding between European citizens by respecting and celebrating cultural diversity.

Encouraging integration, inter-cultural dialogue and dialogue with religions

As regards integration, the Commission notes that policies in this field can have positive effects on preventing violent radicalisation. It is committed, therefore, under the Hague Programme to take action to promote more vigorous national integration policies. It has:

  • set out its proposals in a communication adopted in September 2005;
  • proposed, under the financial perspectives 2007-2013, the setting up of a European Integration Fund.

The Commission will stress that a holistic approach to integration is necessary that includes not only access to the labour market for all groups but also measures designed:

  • to combat discrimination: a number of directives have been adopted in this respect. In addition, 20% of the European Social Fund budget is already being allocated to improving equal opportunities in employment for disadvantaged groups;
  • to reduce social inequalities: the Commission here takes the view that Community policies may prove helpful, particularly those designed to step up the regeneration of deprived areas and neighbourhoods, to improve housing conditions, to encourage access to education and to protect against social exclusion.

As regards the cultural dialogue, the Commission plans to launch a proposal to establish 2008 as the European Year of Intercultural Dialogue.

As regards dialogue with religions, the Commission organises regular conferences and seminars to strengthen mutual understanding and to promote European values. For instance, a Conference of EU Home Affairs Ministers was held in 2002 on “The inter-faith dialogue – a social cohesion factor in Europe and an instrument of peace in the Mediterranean area”. The aim was to discuss establishing a “European Forum for inter-faith and faith-governments dialogue”.

Law enforcement authorities and security services

The Commission:

  • suggests that those Member States that promote the recruitment of people from different backgrounds should also encourage other Member States to do likewise;
  • urges Member States that have already attained good results to share their experiences and best practices with other Member States via EU structures, and in particular Europol and the Joint Situation Centre (SitCen).

Expert networks

The Commission is planning to allocate funds to establish a network of experts that will submit a preliminary contribution on the state of knowledge on violent radicalisation at the beginning of 2006.

It will also launch a public tender for studies in this area that will focus in particular on:

  • the motivational and desisting factors for violent radicalisation;
  • the socio-economic factors contributing to such radicalisation.

Monitoring and collection of data

The Commission:

  • has received feedback in the form of a study from the Network of Independent Experts on Fundamental Rights about the link between violent radicalisation and fundamental rights within the legal framework of Member States;
  • has taken note of the studies by the European Monitoring Centre on Racism and Xenophobia (EUMC), notably with regard to racist violence and Islamophobia. It will ask the EUMC for studies on different manifestations of hatred towards fundamental constitutional values of the EU, such as religious freedom and equality between men and women.

External relations

Dialogue with and, where appropriate, technical assistance to third countries and regional partners must be an integral part of the EU approach to addressing violent radicalisation and terrorist recruitment.

The Commission is planning to promote development aid as an instrument for combating violent radicalisation and terrorist recruitment. Such assistance can help erode the support base for terrorist networks through a focus on reducing inequalities, providing support for democratisation and ensuring good governance.

The Commission would also like:

  • to deepen the dialogue with the Mediterranean countries on anti-radicalisation measures within the framework of the institutions created by the Association Agreements. This dialogue can be based on the EU action plans adopted under the European Neighbourhood Policy (ENP), which includes a number of anti-radicalisation measures;
  • to promote moderate Islam in the third countries where Islam is the predominant religion, with support being given to moderate Islamic groups;
  • to direct the funding priorities under the European Initiative for Democracy and Human Rights towards the need to fight racism and xenophobia in the content of its cooperation with third countries in the field of human rights.

Context

The Hague Programme provides for the development of a long-term EU strategy for combating violent radicalisation. This measure forms part of a holistic approach to the preventive side of fighting terrorism. The recent terrorist attacks in London (July 2005) and Madrid (March 2004) have underscored the priority nature of addressing violent radicalisation. This communication served as the basis for the document drawing up an EU counter-terrorism strategy that was adopted by the Justice and Home Affairs Council in December 2005.

Key terms used in the act
  • Violent radicalisation: the phenomenon by which certain individuals holding certain points of view, opinions and ideas may be led to commit terrorist acts.

 

Combating the financing of terrorism

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Combating the financing of terrorism

Outline of the Community (European Union) legislation about Combating the financing of terrorism

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Internal market > Single market for capital

Combating the financing of terrorism

Document or Iniciative

Council Regulation (EC) No 2580/2001 of 27 December 2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism [See amending act(s)].

Summary

This regulation supplements the administrative and judicial procedures relating to terrorist organisations in the European Union (EU) and in non-EU countries. It aims to prevent and prohibit the financing of terrorist acts, i.e. intentional offences that by their nature or context may damage a country when committed with the intention of seriously intimidating the population, destabilising the country, etc. However, the regulation does not apply to persons and groups covered by the United Nations Security Council Resolutions 1267(1999) and 1390(2002), which are implemented by Regulation (EC) No 881/2002 on freezing the funds of certain persons and entities associated with the Al Qaida network.

The financial assets to which the regulation applies include:

  • funds;
  • economic resources;
  • financial assets of every kind;
  • insurances;
  • lending of all types;
  • guarantees and commitments.

These financial assets must not, directly or indirectly, be made available to nor be used for the benefit of certain natural or legal persons listed in the regulation on the basis of Common Position 2001/931/CFSP. Any financial assets belonging to these persons are also frozen. Banks and other financial institutions, as well as all other natural or legal persons in EU countries, are required to immediately provide any information that facilitates compliance with this regulation, subject to confidentiality and professional secrecy.

By way of derogation, this regulation does not apply to the addition of interest to frozen accounts. However, such interest must also be frozen. The authorities of EU countries listed in the Annex to the regulation may authorise:

  • the use within the EU of frozen funds for the essential human needs of a natural person included in the above-mentioned list or a member of his/her family;
  • payments from frozen accounts for taxes, compulsory insurance premiums and public utility service fees such as water and gas;
  • the unfreezing of funds or other financial assets or the rendering of financial services to a person with a view to protecting the interests of the EU, including the interests of its citizens and residents.

EU countries determine the penalties to be imposed where this regulation is infringed. The regulation applies not only within the territory of the EU, but also on board of any aircraft or vessel under the jurisdiction of an EU country, to any person who is a national of an EU country and to any legal person or entity incorporated or constituted under the law of an EU country or doing business within the EU.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 2580/2001

28.12.2001

–

OJ L 344 of 28.12.2001
Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal
Regulation (EC) No 745/2003

30.4.2003

–

OJ L 106 of 29.4.2003
Regulation (EC) No 1207/2005

29.7.2005

–

OJ L 197 of 28.7.2005
Regulation (EC) No 1957/2005

1.12.2005

–

OJ L 314 of 30.11.2005
Regulation (EC) No 1461/2006

4.10.2006

–

OJ L 272 of 3.10.2006
Regulation (EC) No 1791/2006

1.1.2007

–

OJ L 363 of 20.12.2006

Successive amendments and corrections to Regulation (EC) No 2580/2001 have been incorporated in the basic text. This consolidated versionis for reference purposes only.

AMENDMENT OF ANNEXS

Annex – List of competent authorities of EU countries:
Regulation (EC) No 745/2003 [Official Journal L 106 of 29.4.2003];
Regulation (EC) No 1207/2005 [Official Journal L 197 of 28.7.2005];
Regulation (EC) No 1957/2005 [Official Journal L 314 of 30.11.2005];
Regulation (EC) No 1461/2006 [Official Journal L 272 of 3.10.2006];
Regulation (EC) No 1791/2006 [Official Journal L 363 of 20.12.2006].

Terrorist offences

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Terrorist offences

Outline of the Community (European Union) legislation about Terrorist offences

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Justice freedom and security > Fight against terrorism

Terrorist offences

Document or Iniciative

Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism [See amending act(s)].

Summary

The framework decision harmonises the definition of terrorist offences in all EU countries by introducing a specific and common definition. Its concept of terrorism is a combination of two elements:

  • an objective element, as it refers to a list of instances of serious criminal conduct (murder, bodily injuries, hostage taking, extortion, fabrication of weapons, committing attacks, threatening to commit any of the above, etc.);
  • a subjective element, as these acts are deemed to be terrorist offences when committed with the aim of seriously intimidating a population, unduly compelling a government or international organisation to perform or abstain from performing any act, or seriously destabilising or destroying the fundamental political, constitutional, economic or social structures of a country or an international organisation.

The framework decision defines a terrorist group as a structured organisation consisting of more than two persons, established over a period of time and acting in concert, and refers to directing a terrorist group and participating in its activities as offences relating to a terrorist group.

Furthermore, EU countries must ensure that certain intentional acts are punishable as offences linked to terrorist activities even if no terrorist offence is committed. These include:

  • public provocation to commit a terrorist offence;
  • recruitment and training for terrorism;
  • aggravated theft, extortion and falsification of administrative documents with the aim of committing a terrorist offence.

To punish terrorist offences, EU countries must make provision in their national legislation for effective, proportionate and dissuasive criminal penalties, which may entail extradition. In addition, EU countries must ensure that penalties are imposed on legal persons where it is shown that the natural person has the power to represent the legal person or authority to exercise control within the legal person that has committed a terrorist offence.

EU countries must take the necessary action to:

  • establish their jurisdiction with regard to terrorist offences;
  • establish their jurisdiction where they refuse to hand over or extradite a person suspected or convicted of such an offence to another EU country or to a non-EU country;
  • coordinate their activities and determine which of them is to prosecute the offenders with the aim of centralising proceedings in a single EU country, when several EU countries are involved.

They will also ensure appropriate assistance for victims and their families (in addition to the measures already provided for in Framework Decision 2001/220/JHA).

Background

The terrorist attacks of September 2001 have led the EU to step up action in this field. This framework decision is thus designed to make the fight against terrorism at EU level more effective. This problem was already discussed at the European Council meetings in Tampere in October 1999 and in Santa Maria da Feira in June 2000.

References

Act Entry into force Deadline for transposition in the Member States Official Journal
Framework Decision 2002/475/JHA

22.6.2002

31.12.2002

OJ L 164 of 22.6.2006
Amending act(s) Entry into force Deadline for transposition in the Member States Official Journal
Framework Decision 2008/919/JHA

9.12.2008

9.12.2010

OJ L 330 of 9.12.2008

Related Acts

Report from the Commission of 6 November 2007 based on Article 11 of the Council Framework Decision of 13 June 2002 on combating terrorism [COM(2007) 681 final – Official Journal C 9 of 15.1.2008].
This second report notes that most EU countries evaluated for the first time have satisfactorily achieved implementation of the main provisions contained in the framework decision. Nevertheless, some major issues stand out. Concerning the EU countries evaluated for the second time, the additional information they have sent has allowed the Commission to generally conclude that there is a higher level of compliance. However, most of the main deficiencies identified in the first evaluation report remain unchanged.
The main concerns of the Commission are the deficient implementation, by some EU countries, of the provisions that establish a common definition of terrorism and the harmonisation of penalties for offences related to a terrorist group and of criminal liability of legal persons for terrorist offences.

Report from the Commission of 8 June 2004 based on Article 11 of the Council Framework Decision of 13 June 2002 on combating terrorism [COM(2004) 409 final – Official Journal C 321 of 28.12.2004].
This report reviews the measures taken by EU countries to comply with the framework decision on combating terrorism. According to it, most EU countries have taken the necessary measures to comply with the main provisions of this legal instrument. However, certain deficiencies were pointed out.