2/4/2004
European Council Calls For Closer Co-Operation In Fight Against Terrorism And Civil Protection

The appointment of Dutchman Gijs de Vries to the position of 'Mr Terrorism', on 29 March, following the recent meeting of the European Council, kicks off a series of measures taken by the European Union to combat terrorism. One of the first, and most controversial, decisions made under his supervision will involve the exchange of airline passenger information with immigration and law enforcement authorities in the US. Data will include the names, travel documents used, nationality, date of birth plus point and time of departure and arrival. The new rules, initially proposed by Spain, specify that carriers would be fined for failing to transmit the requested passenger data in advance of departure for an EU destination.

Not everybody supports this decision. In the European Parliament, MEPs adopted in plenary by 229 votes against 202 a resolution opposing the transfer of personal passenger data on 31 March. They do not agree with the Commission that the transfer of passenger data is compatible with EU laws on data protection. The Parliament's rapporteur Johanna Boogerd-Quaak said: "We are not satisfied with the privacy safeguards secured by the Commission, and we now expect them to withdraw their decision and come back with better safeguards".

MEPs have warned that they will appeal to the Court of Justice if the Commission does not take into account their demands. The US mission to the EU has indicated that it wants to implement the agreement as it stands now.

Another measure facilitates the exchange of information within the EU to enable anti-terrorist services to do their job more effectively. This initiative also opens the way for a future "European court record". Information is to be exchanged on all offences, convictions and disqualifications linked to terrorism, including any form of financing of terrorist activities. The Commission proposes that the Member States be equipped with systems for registering bank accounts which would facilitate the gathering of evidence, especially where financing of terrorism is suspected.

António Vitorino, European Commissioner responsible for justice and home affairs, said: "The events of 11 March demonstrate the need for a stronger European commitment to the fight against terrorism. The Commission's initiative will help mend the gaps in European co-operation. The exchange of information is a major key to winning the fight against terrorism together".

The Commission's proposal widens the scope of the exchange of information to all terrorist offences within the meaning of the Framework Decision of 13 June 2002 on combating terrorism.

The obligation to exchange information will thus apply to all terrorist offences or offences relating to a terrorist group known to the member states, including participation in the activities of a terrorist group through any form of financing, as well as attempts at, complicity in and incitement to such offences.

From now on, the exchange of information will apply to all stages of proceedings, including criminal convictions, which can be very useful in investigations.

Europol and Eurojust must be sent information on terrorist offences at all stages of proceedings, including convictions.

Opponents however fear that these new decisions could endanger civil liberties and restrict basic rights to free expression, especially of disadvantaged groups seeking
justice, such as religious communities.

The Commision has also set ideas on how to reinforce Europe's civil protection capacities, alerted not only by the bombings in Madrid, but also by recent natural disasters like floods and forest fires in Europe. The Commission suggests action on three fronts. Firstly, Member States must be made more aware of and exploit more effectively existing EU-wide expertise and resources, both human and technological, which can be mobilised rapidly in response to an emergency situation. Secondly, national and EU-wide response capability needs to be built up by increased training of expert intervention teams. In this way, available resources can be better used and expert teams from across the EU can work hand in hand to protect citizens more effectively on site as a truly European civil protection force. Thirdly, the Commission underlines the need for more funds to be made available to support the EU's overall response capability.

Environment Commissioner Margot Wallström said: "The reality of today has shown the crucial importance of having an efficient, rapid and co-ordinated response capability in the event of a natural or man-made disaster or a terrorist attack. In addition, the devastating terrorist attack in Spain reinforces the need to improve European capacities in order to offer immediate assistance in case of disaster and thereby give a tangible sign of European solidarity. The EU Civil Protection Mechanism has intervened in all major disasters since 2002. It has already become established as a very important part of civil protection response capacity at EU level. But the experience gained has shown that more can be done. Only by increasing specialised skills, working closely together, pooling resources and increasing funding can the EU be better prepared to protect citizens when a disaster strikes inside as well as outside of the Union".

Regional Policy Commissioner Michael Barnier said: "Citizens expect European solidarity with the victims of natural disasters and terrorist attacks, certainly when it is beyond the immediate capacity of the affected country to provide an adequate response. Europe must show solidarity not only in words but also in deeds. Interventions of European civil protection experts will express this solidarity already proposed in the draft Constitution."