Frattini to clarify aviation rules

The European Commission will next year try to set down rules for civilian aircraft to prevent terrorist suspects being flown in secret through European airports.

Franco Frattini, commissioner for justice, freedom and security, said clarification was needed of what is meant by state and civilian aircraft and in what circumstances checks could be carried out on aircraft to ensure so-called renditions were not taking place.

"The Commission does have competences on civil aircraft and we can work on a better definition of the concept of civil aviation," he told the European Parliament’s committee investigating CIA activity in Europe.

The move follows a draft report by the committee which highlights cases of CIA abductions of individuals in Europe and flights through European airports where terrorist suspects were allegedly taken to Guantánamo Bay.

Frattini said both he and Transport Commissioner Jacques Barrot would begin a consultation next year to which member states, the Parliament and intelligence agencies could contribute on rules for civilian aircraft.

He backed away from his earlier position that member states which had been involved in abductions, detentions or rendition flights of terrorist suspects could face EU sanctions, saying judicial investigations in some member states should determine penalties. "If statements turn out to be not true there can be consequences in court," he said.

But there was support among some committee members for EU action. "Article 6 [outlining sanctions for member states] is meaningless if member states go around undermining the rule of law," said Sarah Ludford, a UK Liberal MEP and vice-chairwoman of the committee.

Frattini said there was also a need for a debate at national level on security and intelligence agencies to ensure fundamental rights were being respected, though he added that such agencies could not be subject to the same scrutiny as police forces. He urged member states to ratify an EU-brokered deal allowing extraditions to the US to take place according to "international conventions".

The committee will meet on 15 January to discuss some 500 amendments made to the report. A vote in plenary will take place in February.

The European Commission will next year try to set down rules for civilian aircraft to prevent terrorist suspects being flown in secret through European airports.

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