Europese maatregelen tegen terrorisme: een overzicht (en)

A. Past work (focus on the period from 2004)

Legislation

• Framework Decision 2005/212/JHA of 24.2.2005 on the Confiscation of crime related proceeds, instrumentalities and property (initiative of DK)
• Council Framework Decision of 24.2.05 on Attacks against Information Systems
• Regulation amending Regulation (EC) No 622/2003 laying down measures for the implementation of the common basic standards on aviation security
• Council Directive 2004/82/EC of 29.4.2004 on the obligation of carriers to communicate passenger data
• Council common position 2005/69/JHA of 21.1.05 on exchanging certain data with Interpol
• Commission Regulation (EURATOM) 302/2005 of 8.2.2005 on the application of EURATOM safeguards

Proposals

• Communication establishing a Framework programme on security and safeguarding liberties (6 April 2005 - part of the financial perspectives package)
• Proposal for a Framework Decision on the fight against organised crime [COM (2005)6 of 19.1.05] to replace joint action 1998/733/JHA
• Commission's proposal on Creation of an integrated system for the exchange of information on stolen and lost passports having recourse to the SIS and Interpol database
• Proposal for a Council decision imposing on Member States specific obligations on the supply of information on terrorist organisations to Europol and Eurojust
• Proposal for a Council decision on the exchange of information extracted from the criminal record [COM(2004)664 of 13.10.04]
• Proposal for a Council framework decision on taking account of convictions in the Member States of the European Union in the course of new criminal proceedings [COM(2005)91 of 17.3.05]
• A proposal for a Council decision on the improvement of police cooperation between the Member States of the EU, especially at the internal borders and amending the Convention implementing the Schengen agreement
• A proposal for a regulation establishing a Rapid Response and Preparedness Instrument for major emergencies
• Proposal for a Regulation on cash controls entering or leaving the Community
• Commission Proposal on the Directive on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (also known as the Third Money Laundering Directive)

Prevention, preparedness and response to terrorist attacks

• Communication on Improving the Community Civil Protection Mechanism (Apr 2005)
• Communication on ensuring greater security of explosives, detonators, bomb-making equipment and fire-arms (July 2005)
• Communication on Prevention, preparedness and response to terrorist attacks (Oct 2004)
• Communication on Critical Infrastructure Protection in the fight against terrorism (Oct 2004)
• Communication on Preparedness and consequence management in the fight against terrorism (Oct 2004)

Financing of terrorism

• Communication on the Prevention of and the fight against terrorist financing (Oct 2004)
• The Commission, in partnership with the four European Credit Sector Federations established an electronic database containing all relevant data concerning persons, groups and entities, subject to European Union financial sanctions
• EU strategy on the fight against terrorist financing
• Project to design common minimum financial investigation training standards in EU

Judicial cooperation

• Eurojust Agreement
• White Paper on exchanges of information on convictions and the effect of such convictions in the European Union (January 2005)
• All MS have designated their Eurojust national correspondent for terrorist matters
• Report from the Commission on the Legal Transposition of the Council Decision of 28 February 2002 Setting up Eurojust with a View to Reinforcing the Fight Against Serious Crime

Police cooperation

• Communication: Towards enhancing access to information by law enforcement agencies (Jun 2004)
• Europol Agreement
• Joint Training Programme of Commission with EUROPOL on interaction between Law Enforcement and Public Health
• Setup of the Counter-Terrorism Task Force (Europol)
• Establishments of links between SitCen and Europol
• Launch of the implementation of the Europol Information System

Borders

• Proposal for a Council Regulation on the introduction of new functions for the Schengen Information System
• Proposal for a Council Decision on the introduction of new functions for the Schengen Information System (SIS)
• Proposal for a Council Decision on the location, management and financing of SIS II
• Proposal for a Council Decision establishing the Visa Information System (VIS)
• Regulation establishing a European Borders Agency

Victims of terrorism

• A memorial report dedicated to the victims of terrorism (Feb 2005)
• A pilot project approved by the EP, allowing the Commission to spend 1M€ on projects aimed at improving the situation of victims of terrorism

Research

• The Preparatory Action in the field of Security Research (2004-2006)
• Inventory and analysis of on-going research activities in the field of Biological and Chemical Terrorism and identifies gaps and needs in scientific knowledge and research priorities which contribute to define annual research work programmes and priorities (updated 2005)
• The EC has funded five Scientific Support to Policies projects in these areas in the 6th Framework Programme and three further projects will start in the second half of 2005

Other

• A Scoping Study on capacity of EU institutions and legal instruments to respond to the problem of aliases/front organisations and apply sanctions against leaders of terrorist organisations completed in February 2005 (it outlines issues to be addressed in a planned Cost Benefit Analysis on an up-front beneficial ownership disclosure obligation with appropriate data kept on public national registries)

B. To deliver in the coming weeks

• Communication addressing radicalisation and recruitment of terrorists (September 2005)
• A financial decision on a pilot project terrorism aiming at inter-linkage of Commission crisis management structures and Member States' relevant law enforcement agencies
• A Proposal for regulation on information on the payer accompanying transfers of funds

C. Planned delivery in the second semester 2005

• A European Programme for Critical Infrastructure Protection (EPCIP)
• Commission proposal for a Directive on a New Legal Framework for Payments in the Internal Market
• A Regulation on wire transfers
• Commission Communication setting out (i) Code of Conduct to prevent misuse of charities by terrorists and (ii) recommendations for enhanced national coordination and information exchange structures on terrorist financing
• A proposal on improvement and simplification of the flux of goods (related to customs cooperation measures to improve the security of the supply chain)
• A proposal on the principle of availability and on the inter-connection of databases
• A proposal on the processing and protection of personal data in the third pillar
• A proposal of a decision which foresees direct access to the index of national DNA databases
• A proposal on better links between police and intelligence services
• A proposal of legislation establishing a focal point on terrorist listed organisations also in security services
• A proposal on a European Policy for the use of PNR
• A proposal for a Council Directive on the supervision and control of shipments of radioactive waste and spent fuel
• A Commission decision for adoption of the IAEA Convention on Early notification of a nuclear accident by the European Atomic Energy Community
• A Commission Decision for adoption of the IAEA Convention on Assistance in the case of a nuclear Accident or radiological Emergency by the European Atomic Energy Community
• Port security Directive
• A Draft Communication on Security in all modes of transport including the financing issues
• Proposal for a Directive on the Retention of Communication Traffic Data
• Proposal for a framework decision on the organisation and content of exchange of information from criminal records between the Member States
• Communication on the feasibility of an index of non EU nationals convicted in an EU Member State.

Reports

• EU Profile on counter-terrorism for CODEXTER
• A follow-up report on Decision establishing Eurojust
• A follow-up report on implementation of the Framework Decision on money laundering, the identification, tracing, freezing and confiscation of instrumentalities and the proceeds of crime
• A report assessing best practice in the fight against terrorist financing

D. Call on the Council:

• To adopt the Framework Decision on European Evidence Warrant by the end of 2005, as envisaged by the Hague Programme

E. Call on Member States :

1) To allow adoption of instruments on which there has been reached a political agreement, but a parliamentary reserve is out

• A Draft Framework Decision on the application of mutual recognition to confiscation orders (parliamentary reserve by IT; political agreement reached 6 June 2004)
• Proposal for a Council Decision on the exchange of information and co-operation concerning terrorist offences (reserves by FR, NL, IE and UK)
• Proposal for a Council Decision on the exchange of information extracted from the criminal record (political agreement in February 2005; UK reservation).

2) To ratify

• All UN Conventions and Protocols addressing terrorism
• The Protocol of November 2002 allowing Europol to associate with investigation teams and to ask in certain cases an opening or coordination of investigation (5 states to ratify it - IE, IT, LU, PT and SE)
• The protocol of 27 November 2003 modifying the Europol convention in a number of domains (10 states to ratify it - DE, AT, BE, ES, FR, IE, IT, LU, PT and SE)
• "Protocol to the Convention on Mutual Assistance in Criminal Matters between the MS of the EU"

3) To transpose or to correct errors in transposition of acts, deadlines of which have expired

• To implement and correct implementation of framework decisions outlined in the Action Plan on Terrorism (e.g., the Framework Decision on Combating Terrorism - CY, HU, LT, MT, CZ and SI to provide information; EL and SK to provide texts of legislation)
• To implement the Framework Decision on money laundering (2001/500/JHA of 26 June 2001), to take account the first Commission report of 5 April 2004 and to inform the Commission and Council Secretariat General accordingly before the end of July 2005
• To regularly inform the Commission and the Council Secretariat General about implementation of the Framework Decisions outlined in the Action Plan on Terrorism
• To provide the Commission with texts of legislation in respect to the Framework Decisions outlined in the Action Plan on Terrorism
• To correct errors in the implementation of Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States on the basis of the Commission report based on Article 34 of this Council Framework Decision (COM (2005)63 of 23.2.2005) and to inform the Commission and the General Secretariat of the Council accordingly by March 2006, following the conclusions of the JHA Council of 2.6.2005.

4) To accelerate transposition of measures, although the deadlines have not expired yet

• To implement the Framework Decision on the "extended confiscation" before 15.3.07
• To implement Community Customs Code
• To respect the deadline to implement the Framework Decision on the execution in the European Union of orders freezing property and evidence by 2nd August