DRAFT REPORT with a proposal for a European Parliament recommendation to the Council on the EU anti-terrorism Action Plan
26.5.2005 - (2004/2214(INI))
Committee on Civil Liberties, Justice and Home Affairs
Rapporteur: Rosa Díez González
PROPOSAL FOR A EUROPEAN PARLIAMENT RECOMMENDATION TO THE COUNCIL
on the EU anti-terrorism Action Plan
The European Parliament,
– having regard to the proposal for a recommendation to the Council submitted by Antoine Duquesne on behalf of the ALDE/ADLE Group on the revised EU anti-terrorism Action Plan/Work Programme (B6‑0071/2004),
– having regard to the Treaty establishing a Constitution for Europe, and in particular Articles I-3, I-2, I-9, II-62, II-63, II-64, II-67, II-82, II-107, II-108, II-109, II-110, III-257, III-261, III-271, III-272, III-273, III-275 and III-276,
– having regard to Articles 6 and 7 and Title V of the Treaty on European Union,
– having regard to Title VI of the Treaty on European Union and in particular Articles 29, 30, 31, 32, 34, 39 and 42,
– having regard to the European Convention for the Protection of Human Rights and Fundamental Freedoms, signed in Rome on 4 November 1950, as amended by Protocol No. 11 and in particular Articles 3, 5, 6, 8, 9 and 10,
– having regard to the Universal Declaration of Human Rights, signed on 10 December 1948 and in particular Articles 1, 2, 3, 5, 7, 12, 13 and 19,
– having regard to the twelve UN anti-terrorism Conventions,
– having regard to the Statute of Rome of the International Criminal Court adopted on 17 July 1998 by the UN Diplomatic Conference of Plenipotentiaries,
– having regard to the anti-terrorism Action Plan adopted by the extraordinary European Council in Brussels on 21 September 2001,
– having regard to the declarations of the informal meeting of Heads of State and Government in Ghent on 19 October 2001,
– having regard to the conclusions of the European Council in Laeken on 14 and 15 December 2001,
– having regard to the Council Decision of 28 February 2002 setting up Eurojust with a view to reinforcing the fight against serious crime[1],
– having regard to Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States[2],
– having regard to Council Framework Decision of 13 June 2002 on combating terrorism[3],
– having regard to Council Framework Decision of 13 June 2002[4] on joint investigation teams,
– having regard to Council Framework Decision 2003/577/JHA of 22 July 2003 on the execution in the European Union of orders freezing property or evidence[5],
– having regard to the conclusions of the European Council in Brussels on 25 and 26 March 2004,
– having regard to the conclusions of the International Summit on Democracy, Terrorism and Security, organised by the Club of Madrid and held in the Spanish capital from 8 to 11 March 2005,
– having regard to the declaration of the European Council of 25 March 2004 on combating terrorism,
– having regard to the conclusions of the European Council in Brussels on 17 and 18 June 2004,
– having regard to the revised EU anti-terrorism Action Plan/Work Programme adopted by the European Council at its meeting of 17 and 18 June 2004,
– having regard to the conclusions of the European Council in Brussels on 4 and 5 November 2004,
– having regard to the Hague Programme: consolidation of freedom, security and justice in the European Union[6], adopted by the European Council in Brussels on 4 and 5 November 2004,
– having regard to the conclusions of the European Council in Brussels on 16 and 17 December 2004,
– having regard to Rule 114(3) and Rule 94 of its Rules of Procedure,
– having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinions of the Committee on Foreign Affairs (A6‑0164/2005),
A. whereas human rights are non-negotiable, indivisible and non-transferable, and the most important task of democracy is to protect the freedom and the fundamental rights of the citizens, and whereas in the interests of the fight against terrorism, no legislation should be drawn up which may have consequences running counter to that objective,
B. whereas effective protection and promotion of fundamental rights is the backbone of democracy in Europe and is an essential precondition to the establishment of the EU anti-terrorism Action Plan,
C. whereas terrorism, on the other hand, attacks fundamental freedoms, stimulates harmful polarisation and seeks to destroy democracy itself by violent means, creating a climate destroying people's right to live in peace and freedom,
D. whereas terrorist acts, in whatever form, are essentially a direct attack on citizens' rights and freedoms, as set out in the Universal Declaration of Human Rights, and on democracy and the rule of law,
E. whereas terrorism is one of the most serious threats to democracy and one of the main problems facing European citizens, and whereas it seriously undermines the freedoms protected by the EU Charter of Fundamental Rights,
F. whereas the threat of terrorism today is not limited to specific geographical areas, as terrorist organisations can use crossborder networks to carry out their acts of violence and terror, networks which are capable of having devastating effects in different countries at the same time,
G. whereas no Member State can fight terrorism by itself, and a joint interoperational anti-terrorism policy is needed,
H. whereas the fight against terrorism requires the use of all the instruments of the rule of law and of the European Union,
I. whereas the EU's internal and external security policies should be complementary and coherent, and this should be reflected in the functioning of its institutions,
J. whereas the best way of fighting terrorism and combating extremism and intolerance is by promoting human rights; whereas action needs to be taken on the social environment which legitimises terrorist acts and on the actions which justify them; whereas the use of or incitement to violence as a method of resolving political, economic, social or any other conflicts must be condemned, and educational actions must be promoted in favour of non-violence,
K. whereas the fact that different forms of terrorism coexist in Europe and throughout the world makes it essential for specific measures to be taken to combat each form,
L. whereas Europe promotes democratic principles and values, and a dynamic civil society fulfils a strategic role when it comes to countering extremist ideologies and fostering solidarity and respect for cultural diversity,
M. whereas it is necessary to implement measures for combating terrorism, notably through the promotion of new initiatives for peacemaking and mediation in societies which are marked by conflicts and division, by adopting long-term trade, aid and investment policies that advance the fight against poverty and help strengthen democratic institutions and transparency at national and at global level through initiatives which may contribute to these goals,
N. whereas only democracy and absolute respect for human rights and fundamental freedoms can guarantee an effective European response in the fight against terrorism,
O. whereas the murders, torture, persecution, kidnappings and threats perpetrated by terrorists are human actions so base and reprehensible that they can in no way be justified; whereas the exclusion of their acts from any moral, causal or political consideration is a necessary means of defeating them, although this will not preclude consideration of and action regarding the context and the environment which may drive people to become terrorists,
P. whereas the EU has already demonstrated its solidarity with the victims of terrorism, above all through:
- the Declaration of 25 March 2004 in which the European Council declared 11 March to be the European day of the victims of terrorism;
- the adoption of Council Directive 2004/80/EC of 29 April 2004 relating to compensation to crime victims[7], including those who are the victims of terrorist acts;
- the establishment in 2004 of a pilot programme to fund projects for psychological, medical and social assistance to victims of terrorism and their families;
and whereas these measures should be extended and updated,
Q. whereas the victims of terrorism are a reference for democracy and whereas the public authorities must heed their voice and ensure that they are taken into account in the places where decisions are made to combat those who have made them unwilling protagonists,
R. whereas the European Parliament, as representative of the nations of the European Union, publicly and transparently reviews the effectiveness of EU measures to combat terrorism and, in this context, will seek enhanced dialogue with the national parliaments,
1. Addresses the following recommendations to the Council and the European Council for the implementation of the above-mentioned revised EU anti-terrorism Action Plan/Work in order to combat the terrorist threat:
a) that a European unit responsible for policies designed to assist the victims of terrorism be created under the direct authority and responsibility of the European Anti-Terrorism Coordinator. This unit will be a reference point for European policy in this field and its purpose will be to take in, listen to, inform and assist victims and to promote implementation of the measures which are necessary if it is to operate successfully.
Each year the Commission and the European Anti-Terrorism Coordinator will provide the European Parliament with a report on their activities. Parliament will assess that report and, where appropriate, suggest any action which it thinks should be taken.
The unit will organise a European Forum for the Victims of Terrorism, to be attended by representatives of the EU institutions, the Council of Europe and the Member States' parliaments and governments, and also by representatives of associations and foundations for victims of terrorism.
The Forum's most important task will be to ensure that the appropriate authorities listen to what the victims have to say and take relevant action periodically;
b) that the support of the EU and Member States be enlisted, within the framework of the UN, for the moves under way to adopt a global definition of terrorism and to reach as swift an agreement as possible on the Global Convention on International Terrorism, and that, in this context, consideration be given to specific terrorist attacks possibly being listed with the crimes that come within the jurisdiction of the International Criminal Court, thus advocating that these crimes not be time-barred, be prosecutable anywhere in the world and be judicially included among those considered most serious and inadmissible by Community and international law. At the same time, terrorist crimes in the Member States should not be time-barred, thereby reflecting the reprobation of the international community, which considers them to be some of the most serious and inadmissible crimes against humanity;
c) that, in accordance with the spirit of the Treaty establishing a Constitution for Europe, cooperation between national authorities, public prosecutors and Eurojust be promoted in order to investigate, pursue and sentence all perpetrators of serious cross-border crimes, particularly the crime of terrorism, and their accomplices, and that the legal conditions be established to enable a European Public Prosecutor's Office to be set up to pursue those objectives;
d) that the transformation of Europol into a EU body under the democratic control of the European Parliament and the Council and under the jurisdiction of the Court of Justice be promoted, and that to this end a common legal basis now be created for the work of Europol prior to the entry into force of the Treaty establishing a Constitution for Europe;
e) that priority be given to strengthening the means for exchanging preventive information by the intelligence services of Member States among themselves and with Europol without ever contravening the principles of data protection; that mechanisms for cooperation and information exchange between Europol and Eurojust be fostered, with the arrangements for cooperation between the two to be specified;
f) that a decision be adopted, proposed by the Commission, to provide for the transfer of the European anti-terrorist coordinator to the Commission, and also for effective parliamentary control of the European coordinator's activities;
g) that the Commission be required to monitor the transposition into national law and the complete and faithful implementation of all judicial anti-terrorist instruments adopted by the EU, and periodically to draw up a list of Member States which have not yet incorporated such measures into national law;
h) that a detailed assessment be made by the end of 2005, in consultation with the European Parliament, of the implementation of the revised anti-terrorism Action Plan/Work Programme, in order to ascertain its effectiveness and the extent to which it has been followed, with the dual aim of safeguarding collective security and individual freedom; this assessment should take account of the effectiveness and proportionality of the measures adopted, and of any new developments, and should be carried out every year;
i) that a study be carried out into the design and implementation of new judicial instruments with a view to more effective pursuit of the collection and distribution of sources of finance for terrorist activities processed on the margins of legally established financial bodies;
j) that all the Member States be required to sign and ratify the 12 existing international anti-terrorist conventions; that the eight special recommendations produced by the OECD to combat the financing of terrorism be adopted; and that all third countries with which the EU maintains relations be required to do the same;
k) that the Commission be called on to identify and study best practice in the Member States and third countries in the area of anti-terrorist policies and the prevention of radicalisation, which could form the basis for Commission recommendations;
l) that educational programmes delivered through the media be funded and developed with a view to:
– condemning all forms of violence, especially terrorism;
– combating environments which foster and are a breeding ground for racial, religious or ideological hatred;
m) that, in compliance with the spirit of the Treaty establishing a Constitution for Europe and with Article 42 of the EU Treaty, the Member States be urged to adopt a decision to ensure that acts under Article 29 of the EU Treaty to combat terrorism and crossborder crime be included in Title IV of the Treaty establishing the European Community and be subject to codecision with the European Parliament and qualified majority voting in Council, under the jurisdiction of the Court of Justice;
n) that the fight against terrorism be seen as a priority of the Union and a key part of its external action under the European Security Strategy, and that terrorism, and more specifically terrorism by radical groups that claim to defend Islam, especially if taken together with the threat of proliferation of WMDs, should be seen as the main problem that European citizens face, and as a threat to democracy, the rule of law, the EU Charter of Fundamental Rights and the UN Charter;
o) that this internal and external priority be made absolutely clear in all dealings with third countries;
p) that account be taken of: the diverse nature of terrorism, the organisations involved in it and the states and non-state actors that sponsor, finance and practise it for their own purposes; the fact that terrorism is an emerging and unpredictable phenomenon with its own specific sense of time (this applies in particular to terrorism by radical groups that claim to defend Islam); and the urgent need for the Union to develop a proactive – rather than just reactive – policy to combat it;
q) that the basic tenet be adopted that no action against terrorism sponsored or practised by non-state actors externally can be truly effective if it is not backed up by real conviction and determination within the Union and supported by a well-informed general public;
r) that specific measures be adopted to combat all terrorist organisations, taking into account the fact that each has its own objectives, organisational structure and modus operandi;
2. Instructs its President to forward this recommendation to the Council and to the European Council and, for information, to the Commission, the Governments and national Parliaments of the Member States, the Council of Europe, and the UN and its specialised agencies.
EXPLANATORY STATEMENT
1. INTRODUCTION - TERRORISM TODAY
Terrorism today constitutes one of the most serious and enduring threats against all EU Member States and the world.
The terrorist threat today is not limited to specific geographical areas in which terrorists commit acts of terror and violence to promote their causes. Terrorists today operate through international and crossborder networks, using methods which can have devastating effects on different countries at the same time.
Terrorism is not a new phenomenon in the EU, as it has posed a permanent threat for many years to democracy, the free exercise of human rights and economic and social development in several Member States.
Since the tragic events of 11 September 2001 in New York and Washington and the terrorist attacks which followed, no-one can doubt the fact that one of the major challenges facing mankind in the 21st century is the fight against terrorism. As Europeans, we can state that our greatest challenge today is security, with terrorism our greatest risk.
A new form of terrorism has been added to what could previously have been called domestic terrorism, namely Islamic fundamentalism. This is a form of terrorism to which we do not know how to respond and which the European Coordinator of the Fight against Terrorism, Gijs de Vries, defines as 'terrorism of mass destruction' on the basis of the strategies it uses to commit its attacks.
II. THE EU FIGHT AGAINST TERRORISM
1. Justification and need
Terrorism is a frontal attack on human rights and the plurality of democratic societies.
The EU is obliged to promote and protect human rights and fundamental freedoms and to guarantee to European citizens that it meets its obligations effectively, particularly those which derive from the provisions in the Treaty on European Union in the fourth indent of Article 2, Article 6(4) or Article 29, which obliges the Union to 'provide citizens with a high level of safety within an area of freedom, security and justice', a point reiterated in Article 257(3) of the Treaty establishing a Constitution for Europe.
No Member State can combat the terrorist phenomenon by itself. The safety of the citizens of Europe is indivisible and the existing situation is unacceptable in which criminals and terrorists can travel freely throughout EU territory whilst the 25 judicial, penal and police frontiers continue to exist between the 25 EU Member States.
The citizens of Europe en masse are urgently demanding that the EU combat the terrorist threat effectively, with determination and without respite, using all the means at its disposal and creating new instruments when necessary, based on common shared values of liberty and respect for human rights and fundamental freedoms.
2. The impact of the terrorist attacks of 11 September 2001 and the anti-terrorism Action Plan
The EU Member States began cooperating intergovernmentally on terrorism-related matters as long ago as 1975 within the framework of the 'Trevi Group'. Subsequently, the Treaties of Maastricht in 1992, Amsterdam in 1997 and Nice in 2001 conferred anti-terrorism powers on the EU, the mandates of which were gathered in the 'Vienna Action Plan' of 1998 and in the conclusions of the Tampere European Council of 1999.
The 11 September 2001 terrorist attacks in the United States of America were the catalyst that accelerated the adoption of a wide range of anti-terrorist measures. From that date onwards, the fight against terrorism became one of the priorities of the Member States and of the EU and its institutions.
At its extraordinary meeting of 21 September 2001, the European Council adopted an 'Anti-terrorism Action Plan' which was followed by the adoption of a very detailed 'Work Programme' designed to put it into practice.
The results were immediate, and political agreement was reached at the Laeken European Council of 15 December 2001, which allowed:
a) the creation of the European arrest warrant in June 2002 and of surrender procedures between Member States, in place of slow, inefficient extradition mechanisms;
b) a harmonised definition of terrorism and the corresponding punishments in all Member States;
c) the creation of joint investigation teams.
Furthermore, the JHA Council of 28 February 2002 reached the political agreement creating Eurojust and implementing orders for freezing assets or evidence in the EU.
3. The impact of the terrorist attacks of 11 March 2004 in Madrid and the European Council anti-terrorist declaration of 25 March 2005
After the brutal terrorist attacks in Madrid, the European Council of 25 and 26 March 2004 adopted an anti-terrorist declaration designed to increase coordination and cooperation in the fight against terrorism, the essential elements of which are:
a) creating the position of European anti-terrorism coordinator;
b) integrating a stronger EU situation centre in the Council Secretariat which would, in compliance with the provisions of the conclusions of the European Council meeting of 17 and 18 June, provide strategic threat evaluations based on information from national services, and ensure a better exchange of information with Europol from 1 January 2005 onwards;
c) strengthening the role of Europol, Eurojust and the Member States' Police Chiefs Operational Task Force;
d) adopting the solidarity clause between the 25 Member States against terrorism (with the same literal meaning as Article 42 of the Treaty establishing a Constitution for Europe) so that they operate in a spirit of solidarity when a Member State comes under terrorist attack;
e) establishing a European Border Agency which would begin operations by May 2005;
f) formulating new proposals to prevent funding for terrorism;
g) requesting that Member States apply the measures adopted by the Council in the anti-terrorist Action Plan of 21 September 2001 or proposed in other initiatives;
h) establishing seven strategic objectives for implementation so that the Council might conclude the adoption of a revised EU anti-terrorism Action Plan/Work Programme and report on it to the European Council of June 2004.
4. The revised EU anti-terrorism Action Plan/Work Programme
The European Council of 16 and 17 June 2004 gave its approval to the revised anti-terrorism Action Plan prepared by the Council, which contained almost 200 measures to develop the following seven high-level strategic objectives:
a) To strengthen the international consensus and intensify international anti-terrorism efforts,
b) To restrict access to financial and other economic resources by terrorists;
c) To maximise the capacity of EU and Member States' bodies to discover, investigate and prosecute terrorists and prevent terrorist attacks;
d) To safeguard international transport security and guarantee effective border control systems;
e) To strengthen Member States' capacity to deal with the consequences of a terrorist attack;
f) To study the factors which foster support for terrorism and the capture of terrorists;
g) To focus activities, in the framework of EU external relations, on priority third countries in which anti-terrorist capacity or the commitment to fight terrorism must be improved.
Most of the measures have a deadline for implementation.
The European Council made its first assessment of the implementation of the Action Plan at its meeting of 16 and 17 December 2004 and will continue to do so twice yearly in future.
5. The Hague Programme
The European Council of 4 and 5 November 2004 adopted the 'Hague Programme' entitled 'Strengthening freedom, security and justice in the European Union', which is a long-term programme (2005-2009) dealing with all aspects of policy related to strengthening freedom, security and justice in the European Union, and, in particular, the fight against terrorism in the spirit of the reforms contained in the Treaty establishing a Constitution for Europe, which is expected to come into force in 2006.
With regard to the exchange of information in matters of enforcement in general, the Hague Programme established that, from 1 January 2008 onwards, information exchange should be governed by the principle of 'availability'. This is a revolutionary principle which means that within the European Union, all agents of Member State law enforcement services who need certain information in the course of their duties can obtain it from another Member State.
With regard to anti-terrorist measures in particular, the Hague Programme stresses the fact that, to prevent terrorism, the Member States cannot limit their activities to maintaining their own security, but must also concentrate them on the security of the Union.
III. EVALUATION OF THE REVISED EU ANTI-TERRORISM ACTION PLAN/WORK PROGRAMME AND CONCLUSIONS
The fight against terrorism requires a common EU policy as felt and demanded by 85% of the citizens of Europe, according to Eurobarometer in April 2002.
When terrorism operates on a global scale, parallel with economic globalisation, response to the phenomenon cannot remain limited to the national arena or to intergovernmental cooperation between EU Member States. There is a need for a European and international strategy and definition.
Unlike the demands of the citizens of Europe, the role of the EU in the fight against terrorism is very limited. Most of the instruments and powers for the fight against terrorism are still in the hands of the Member States, which all too often jealously protect their sovereign prerogatives and information systems instead of sharing them confidently and efficiently in order to protect the citizens.
Many of the measures adopted by the EU have been neither correctly transposed into national law nor applied by certain Member States within the time frames specified.
Of the 12 Conventions adopted by the UN to combat terrorism on a global scale, only four have been ratified by the national parliaments of the 25 Member States.
Because of all this, your rapporteur proposed a series of recommendations for examination by the members of this committee, designed to go beyond detailed criticism of the measures in the anti-terrorism Action Plan in force and to open up new routes to allow the EU to achieve suitable instruments to guarantee the defence of a true area of freedom, security and justice with the strictest respect for human rights.
5.10.2004
PROPOSAL FOR A RECOMMENDATION TO THE COUNCILB6‑0071/2004)
pursuant to Rule 114(1) of the Rules of Procedure
by Antoine Duquesne on behalf of the ALDE/ADLE Group
on the revised EU anti-terrorism Action Plan/Work Programme
The European Parliament,
– having regard to the Declaration on the fight against terrorism which was adopted at the European Council meeting of 24-25 March 2004,
– having regard to the EU's revised anti-terrorism Action Plan which was adopted at the European Council meeting of 17-18 June 2004,
– having regard to the package of measures contained in the anti-terrorism Action Plan which is to be considered at the European Council meeting to be held on 17 December 2004,
– having regard to Rule 114(1) of its Rules of Procedure,
A. whereas improving fair cooperation between the EU institutions is one of the essential aspects of the EU's anti-terrorism policy,
B. whereas advantage must be taken of the opportunity to stimulate and develop effective, comprehensive anti-terrorism policies,
1. Addresses the following recommendations to the Council:
(a) that a proper EU anti-terrorism policy should be devised in order to combat all the factors which contribute to the emergence and development of terrorism, both within the EU and elsewhere in the world;
(b) that the Member States should be required to implement comprehensively and effectively the anti-terrorism measures adopted by the Council;
(c) that all the legislative measures needed in order to create a comprehensive, coherent anti-terrorism framework (which must include measures to facilitate seamless cooperation between security forces and bodies) should be adopted as soon as possible;
(d) that the solidarity clause provided for in Article 42 of the draft Treaty establishing a Constitution for Europe and incorporated into the Declaration adopted at the 25-26 March 2004 European Council meeting should be implemented in the event of an assumed terrorist attack;
(e) that the funding required to provide the victims of terrorism with adequate assistance and compensation should be entered in the EU's annual budget;
2. Instructs its President to forward this recommendation to the Council and, for information, to the European Council and the Commission.
21.4.2005
OPINION OF THE COMMITTEE ON FOREIGN AFFAIRS
for the Committee on Civil Liberties, Justice and Home Affairs
on the EU anti-terrorism action plan (2004/2214(INI))
Draftsman: Jaime Mayor Oreja
SUGGESTIONS
The Committee on Foreign Affairs calls on the Committee on Civil Liberties, Justice and Home Affairs, as the committee responsible, to incorporate the following suggestions in its motion for a resolution on the basis that there is absolutely no justification for terrorism:
1. Recommends to the Council:
a) that not only should the fight against terrorism be seen as a priority of the Union and a key part of its external action under the European Security Strategy, but that terrorism, and more specifically terrorism by radical groups that claim to defend Islam, especially if taken together with the threat of proliferation of WMDs, should be seen as the main problem that European citizens face, and as a threat to democracy, the rule of law, the Charter of Fundamental Rights of the European Union and the Charter of the United Nations;
b) that it make this internal and external priority absolutely clear in all its dealings with third countries;
c) that it take into account the diverse nature of terrorism, the organisations involved in it and the states and non-state actors that sponsor, finance and practise it for their own purposes; the fact that terrorism is an emerging and unpredictable phenomenon with its own specific sense of time (this applies in particular to terrorism by radical groups that claim to defend Islam); and the urgent need for the Union to develop a proactive – rather than reactive – policy to combat it;
d) that it adopt the basic tenet that no external action against non-state as well as state-sponsored or state-practised terrorism can be truly effective if it is not backed up by real conviction and determination within the Union and supported by a well-informed general public;
e) that it tackle terrorism in all its forms using all the instruments available to it through the rule of law and the Union, in full respect for human rights, eliminating extremism and intolerance, developing improved instruments to address elements specific to each of the various forms of terrorism, providing help when states need it, strictly monitoring all dangerous materials and ensuring the necessary protection for victims;
f) that it adopt specific measures to combat all terrorist organisations, taking into account the fact that each has its own objectives, organisational structure and modus operandi;
g) that it adopt a comprehensive and long-term strategy, aimed at addressing the factors which contribute to the radicalisation of, and recruitment for, terrorist activities, by integrating all the available policy instruments of the Union, including its external action policy as a whole (CFSP, ESDP, trade, development aid, etc.) as well as assistance to victims, effective cooperation between judicial and police authorities, the fight against poverty, conflict prevention and the promotion of fundamental rights and the rule of law;
h) that it insist on universal recognition by all third countries of the compulsory jurisdiction of the International Criminal Court and declare that terrorism constitutes a crime against humanity which, when appropriate, should be tried by the International Criminal Court;
2. Recommends that, in its dealings with third countries, the Union's anti-terrorism policy be made more coherent and effective by:
a) boosting political dialogue on terrorism with all third countries;
b) addressing the complex issue of countering support for terrorism, including through the encouragement of moderate Islam countries;
c) applying the anti-terrorism clause included in agreements with third countries;
d) establishing the interinstitutional code of conduct for the EU's external relations proposed by the European Parliament in 2002;
e) enhancing cooperation with international and regional organisations with key roles in maintaining peace and security across the world, such as the United Nations (particularly the Security Council and its Counter-Terrorism Committee), the OSCE, the Council of Europe and NATO;
f) promoting the strict and effective global implementation of UN Security Council Resolution 1540 (2004) in order to prevent non-state actors and states which are not parties to the Nuclear Non-Proliferation Treaty from acquiring nuclear, chemical or biological weapons, and to cooperate with the Security Council Committee established pursuant to that resolution;
g) improving efficiency in the areas of exchanges of information on suspected terrorism activities, of cooperation to fight the financing of terrorism and of emergency response to acts of terrorism; in particular, special measures should be taken to ensure greater interaction between Europol, Interpol and Eurojust, to achieve better control of offshore money transfers and to improve efficiency in detecting/preventing the links between terrorism and other forms of organised crime;
h) making an effective contribution to the establishment of the counter-terrorism strategy advocated by the Secretary-General of the United Nations in his report of 21 March 2005, 'In larger freedom: towards development, security and human rights for all', that aims at dissuading people from resorting to terrorism or supporting it, denying terrorists access to funds and materials, deterring states from sponsoring terrorism, developing state capacity to defeat terrorism and defending human rights – a strategy which must be based on strict conformity with the rule of law, universal respect for human rights and the definitions of 'threat' and 'terrorism' endorsed in that report;
i) the signing and ratification of the 12 existing international anti-terrorism agreements by all the Member States and the EU itself; adopting the eight special recommendations on terrorist financing drawn up by the OECD; and requesting all third countries with which the Union has any dealings to do the same;
j) fulfilling the recommendations made in the High-Level Panel's report with regard to strictly controlling the supply of nuclear, radioactive, chemical and biological materials and building robust public health systems, given that, as the European Security Strategy mentions, some terrorist groups aim to cause massive casualties;
k) applying the EU-US Declaration on Combating Terrorism of 2004;
3. Recommends that stability outside the Union be increased by using all the instruments and resources available to the Union in carrying out external action, including:
a) supporting the aid strategy developed by the Commission to help third countries deal with the threat of terrorism. This strategy is already being implemented through programmes such as CARDS, TACIS, MEDA, etc.;
b) applying that strategy across all areas of the Union's external action (as was the case recently in the sections relating to terrorism in the European Neighbourhood Policy action plans) and to all major development aid programmes;
c) making more frequent use of the civilian and military rapid reaction mechanism;
d) setting up a European Office for Aid to the Victims of Terrorism as an administrative unit within the structure of the Commission, to serve as a reference and contact point for European citizens whose fundamental rights are breached as a result of the terrorist threat hanging over Europe and the rest of the world;
e) setting up a similar office in the context of the UN's new counter-terrorism strategy, the aim of which will be to provide assistance to all victims of terrorism, regardless of where they are from;
f) designating an International Day for the Victims of Terrorism;
4. Recommends that the opportunities provided by the European Constitution be used as of now in order to develop initiatives such as:
a) the immediate adoption of contingency plans to implement (with regard to both preventing a threat and providing assistance in the event of a terrorist attack) the solidarity clause on mutual assistance to prevent terrorist threats or attacks, pursuant to Article I-43 of the Constitution;
b) when necessary, the use of specific police and/or military operations under the European Security and Defence Policy (ESDP) as part of the Union's response to terrorism;
c) adapting the permanent structured cooperation and 'combat units' mentioned in Protocol 23 in order for new tasks to be addressed, which will also mean overcoming the shortages affecting C4 ISR systems (command, control, communications, computing, intelligence, surveillance and reconnaissance);
d) establishing clear criteria on the use of force that take due account of the recommendations of the Secretary-General of the United Nations in his report of 21 March 2005 and of the UN Security Council's primary role in striving for, maintaining and restoring collective security;
5. With regard to institutions and the budget, recommends that the Council:
a) draw up an Interinstitutional Agreement which moves beyond a purely competence-based view of terrorism and fills in the gaps between the different national, Community and Union initiatives using practical steps such as those suggested in the pilot project to counter terrorism by radical groups that claim to defend Islam, as recently approved by the European Parliament in the context of the current budget procedure;
b) encourage intensified cooperation on intelligence sharing and intelligence cooperation between the police and customs authorities of Member States and with Europol and Eurojust;
c) ensure that the European Parliament is closely involved in the process of implementing the solidarity clause laid down in Article III-329 of the Constitution, including in cases where decisions taken have implications for the ESDP;
d) ensure that the European Parliament is regularly informed of progress in this field, and that it is informed and consulted in the event of a major terrorist attack, when necessary via the special committee provided for by the Interinstitutional Agreement of 20 November 2002;
e) consider meeting the joint costs for all future ESDP anti-terrorism operations from the Community budget;
6. Attaches the utmost importance to its own contribution to the fight against terrorism; therefore urges its Committees on Foreign Affairs and on Civil Liberties, Justice and Home Affairs to find an appropriate procedure for preparing recommendations on the matter to be addressed to both the Council and the Commission; calls, in this respect, on the Council to fully inform and consult the Committee on Foreign Affairs and the Committee on Civil Liberties, Justice and Home Affairs on regular updating of the Council's Common Position 2001/931/CFSP of 27 December 2001 on the application of specific measures to combat terrorism (the list of terrorist groups and organisations), taking into account developments from 2001 onwards; welcomes, in this regard, the positive reaction of the Luxembourg Presidency.
PROCEDURE
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Title |
EU anti-terrorism action plan | |||||
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Procedure number |
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Committee responsible |
LIBE | |||||
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Committee asked for its opinion |
AFET | |||||
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Reinforced cooperation |
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Draftsman |
Jaime Mayor Oreja | |||||
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Discussed in committee |
16.3.2005 |
19.4.2005 |
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Date suggestions adopted |
20.4.2005 | |||||
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Result of final vote |
for: against: abstentions: |
47 8 4 | ||||
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Members present for the final vote |
Angelika Beer, Monika Beňová, André Brie, Elmar Brok, Simon Coveney, Véronique De Keyser, Maciej Marian Giertych, Alfred Gomolka, Richard Howitt, Toomas Hendrik Ilves, Jelko Kacin, Ioannis Kasoulides, Bogdan Klich, Helmut Kuhne, Joost Lagendijk, Vytautas Landsbergis, Cecilia Malmström, Emilio Menéndez del Valle, Willy Meyer Pleite, Francisco José Millán Mon, Annemie Neyts-Uyttebroeck, Baroness Nicholson of Winterbourne, Vural Öger, Cem Özdemir, João de Deus Pinheiro, Mirosław Mariusz Piotrowski, Bernd Posselt, Poul Nyrup Rasmussen, Michel Rocard, Libor Rouček, José Ignacio Salafranca Sánchez-Neyra, Jacek Emil Saryusz-Wolski, György Schöpflin, Gitte Seeberg, Marek Maciej Siwiec, Ursula Stenzel, István Szent-Iványi, Antonio Tajani, Charles Tannock, Paavo Väyrynen, Inese Vaidere, Karl von Wogau, Luis Yañez-Barnuevo García, Josef Zieleniec | |||||
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Substitutes present for the final vote |
Laima Liucija Andrikienė, Glyn Ford, Jaromír Kohlíček, Alexander Lambsdorff, Pasqualina Napoletano, Aloyzas Sakalas, Pierre Schapira, Inger Segelström | |||||
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Substitutes under Rule 178(2) present for the final vote |
Margrete Auken, María del Pilar Ayuso González, Salvador Garriga Polledo, Luis de Grandes Pascual, Cristina Gutiérrez-Cortines, Małgorzata Handzlik, Javier Moreno Sánchez | |||||
PROCEDURE
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Title |
EU anti-terrorism Action Plan | |||||||||||
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Procedure number |
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Proposal for a recommendation |
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Basis in Rules of Procedure |
Rules 114(3) and .94 | |||||||||||
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Committee responsible Date authorisation announced in plenary |
LIBE | |||||||||||
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Date of decision to draw up a report |
| |||||||||||
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Committee(s) asked for opinion(s) |
AFET |
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Not delivering opinion(s) |
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Enhanced cooperation |
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Other proposal(s) for recommendation(s) included in report |
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|
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Rapporteur(s) |
Rosa Díez González |
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Previous rapporteur(s) |
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Discussed in committee |
12.10.2004 |
25.11.2004 |
12.4.2005 |
24.5.2005 |
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Date adopted |
24.5.2005 | |||||||||||
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Result of final vote |
for: against: abstentions: |
37 0 5 | ||||||||||
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Members present for the final vote |
Alexander Nuno Alvaro, Edit Bauer, Mario Borghezio, Mihael Brejc, Michael Cashman, Giusto Catania, Charlotte Cederschiöld, Carlos Coelho, Fausto Correia, Agustín Díaz de Mera García Consuegra, Rosa Díez González, Antoine Duquesne, Kinga Gál, Lívia Járóka, Ewa Klamt, Magda Kósáné Kovács, Wolfgang Kreissl-Dörfler, Barbara Kudrycka, Henrik Lax, Sarah Ludford, Edith Mastenbroek, Jaime Mayor Oreja, Claude Moraes, Martine Roure, Amalia Sartori, Inger Segelström, Ioannis Varvitsiotis, Tatjana Ždanoka | |||||||||||
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Substitutes present for the final vote |
Gérard Deprez, Ignasi Guardans Cambó, Luis Francisco Herrero-Tejedor, Sylvia-Yvonne Kaufmann, Mary Lou McDonald, Antonio Masip Hidalgo, Javier Moreno Sánchez, Bill Newton Dunn, Siiri Oviir, Herbert Reul, Marie-Line Reynaud, Agnes Schierhuber | |||||||||||
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Substitutes under Rule 178(2) present for the final vote |
Antonio López-Istúriz White, Antolín Sánchez Presedo | |||||||||||
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Date tabled – A6 |
26.5.2005 |
A6‑0164/2005 | ||||||||||
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Remarks |
... | |||||||||||
PROPOSAL(S) FOR (A) RECOMMENDATION(S)
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B6 number Author(s) Title
Committee responsible Committee(s) asked for opinion(s) Date announced in plenary |
B6-0071/2004 On the revised EU anti-terrorism Action Plan/Work Programme LIBE AFET
|