Terrorism: The European Union Response, October 2003

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Series Details 27.10.03
Publication Date 27/10/2003
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More than two years on from 11 September 2001 the issue of terrorism remains just as high on the global political agenda as it did in the days after the terrorist atrocities in the United States. Osama Bin Laden has yet to be caught, Al Qaeda continues to operate and smaller scale attacks around the world are increasingly being linked to terrorist networks. If anything the war in Iraq and the ever more frequent terrorist attacks on groupings in Baghdad has highlighted that the 'war on terrorism' is far from won.

For 80% of European citizens fear of a terrorist attack is now their biggest fear according to a standard Eurobarometer carried out in Spring 2003 and therefore the European Union is under pressure to respond. The EU's response can take a number of forms - from mere condemnation of terrorist attacks and groupings to specific initiatives aimed at protecting Europeans from terrorist attacks in the future.

Background

The EU's response in the wake of 11 September

Even before the two planes hit the World Trade Centre in New York on 11 September 2001, several EU initiatives against terrorism were already underway based on the experiences of some Member States who had suffered at the hands of domestic groups, such as ETA and the IRA, for decades. At the Tampere Summit in October 1999, European leaders had agreed to increase judicial cooperation between Member States in order to fight crime, including terrorism. But progress had been very limited due to the huge differences in the criminal justice systems of the various Member States. So frustrated was the European Parliament, by the lack of progress on the Tampere items, that it produced an own-initiative report on terrorism in July 2001, which made a number of recommendations as to how the European Union should step up its fight against international terrorism.

The 11 September attacks tragically provided the impetus that the European Parliament had been calling for to press forward with EU initiatives. In the immediate aftermath of the atrocities, the European Union issued a statement condemning the attacks and offering its support to the United States. The unusual step of convening an extraordinary European Council was also taken and this met on 21 September 2001 to 'analyse the international situation following the terrorist attacks in the United States and to impart the necessary impetus to the actions of the European Union'.

In its conclusions, the Council, not only declared its solidarity with the United States, but set out a five point plan of action to combat terrorism.

The main initiatives were:

  • To enhance police and judicial co-operation
  • To develop international legal instruments
  • To put an end to the funding of terrorism
  • To strengthen air security
  • To co-ordinate the European Union's global action

The action plan also noted that a peaceful solution in the Middle East on the basis of the relevant United Nations resolutions should be made a priority of the EU, the United States, the Russian federation and its partners in the Arab and Muslim world. It also called for further development of the EU's Common Foreign and Security Policy (CFSP) and for the European Security and Defence Policy (ESDP) to be made operational in order to make EU policy more effective.

In parallel to the work of the Council, the European Commission adopted two proposals on 19 September 2001 [IP/01/1284] to ensure the EU has the common instruments necessary to tackle terrorism.

Firstly, the European Commission called for a common definition of acts of terrorism and penalties on a commensurate scale [COM(2001) 521]. The European Commission proposed that a specific list of offences be treated as acts of terrorism where they are committed intentionally by individuals or groups against one or more countries or their institutions or population and that such acts incur prison sentences ranging from a minimum of 2 years for the less serious offences to a minimum of 20 years for the most serious offences provided for by the proposal. After the European Parliament adopted the proposal at its first reading in June 2002, the Council adopted the proposal as a framework decision aimed at combating terrorism on 13 June 2002.

Secondly, the European Commission called for a European arrest warrant to be established to replace the traditional extradition procedures [COM(2001)522]. The European arrest warrant would make it compulsory for a person wanted for an offence incurring at least four months' imprisonment to be handed to the judicial authority in the Member State requesting his surrender by which ever EU Member State that person is currently in. The proposal was discussed by the European Parliament at the same time as the first proposal and likewise it was approved at the 1st reading on 6 June 2002. Opposition from the Member States had been widely expected but the proposal was adopted on 13 June 2002 and entered into force on 7 August 2002. The Member States have until 31 December 2003 to implement the framework decision.

The European Union's response in the long term

Beyond the measures introduced in the aftermath of the US terrorist attacks, the European Union has put the issue of terrorism firmly on its political agenda within many sectors of its day to day work. As such, a number of initiatives are underway to provide a more complete and robust response to the threat of terrorism in the years to come. These efforts can be grouped by theme as follows:

  1. Police and judicial co-operation
  2. Air transport security
  3. Economic and financial measures
  4. Emergency preparedness
  5. Global fight against terrorism

Police and Judicial Co-operation

In addition to the two proposals from the European Commission for a European arrest warrant and a common definition of terrorism, which have now been adopted, a number of other measures are underway including:

  1. Joint investigation teams of police and magistrates from throughout the EU
  2. Routine exchange of information about terrorism between the Member States and Europol;
  3. The creation of a specialist anti-terrorist unit within Europol;
  4. The establishment of Eurojust, a co-ordination body composed of magistrates, prosecutors and police officers
  5. Political agreement of the Council on a framework directive on the mutual recognition between EU Member States judicial authorities on orders for the freezing of assets and the preservation of evidence

In the context of the EU's commitment to work closely with the United States in the fight against terrorism, transatlantic co-operation on police and judicial affairs has also been stepped up. Europol and the relevant US authorities signed a co-operation agreement on 6 December 2001 and a second, more controversial, agreement concerning the exchange of personal data is currently being negotiated. The EU is also engaged in talks with the United States to establish closer co-operation with Eurojust and the relevant US authorities and to strengthen co-operation between the relevant law enforcement authorities in the United States and in each of the EU Member States. Finally, EU justice ministers have agreed to begin negotiations with the US on closer co-operation on extradition and mutual legal assistance.

More information on these specific initiatives can be found on the European Commission's DG Justice and Home Affairs 'Terrorism - the EU on the move' page.

Air transport security

The nature of the US terrorist attacks emphasised the need to ensure tighter air security at all EU airports but it also hit the European airline industry hard, as people became more nervous about flying. In this context, the European Commission proposed a double package for air transport - one the one hand it sought to support the industry in areas such as insurance, unfair competition and financial competition, whilst on the other it launched new initiatives to increase security and prevent terrorist acts.

These measures were outlined in a Communication, adopted by the European Commission on 10 October 2001, which explored the situation of the industry, gave an overview of measures taken by Member States and looked specifically at the way the US was reacting. Based on this analysis, the Commission made, concrete proposals for enhanced air security rules and outlined areas of action in a number of fields, including air transport insurance, state aid management, slots, capacity co-ordination and third country relations.

The European Union also called on the International Civil Aviation Organisation (ICAO) to organise a special conference in February 2002 to discuss the matter of security. The conference led to the adoption of:

  • International standards on the reinforcement of cockpit doors
  • a compulsory international control mechanism for compliance with international rules by the ICAO members. The Member States have promised to finance this inspection programme

Economic and Financial Measures

One key aim of the EU in the fight against terrorism is to dry up the sources of terrorist funding. At the Ghent European Council on 19 October 2001, the Member States adopted a Directive on money laundering and quickly ratified the United Nations Convention for the Suppression of the Financing of Terrorism.

In addition, the European Commission and the Member States are playing an active role in the work of the Financial Action Task Force, the leading international body in the fight against money laundering and the financing of terrorism. In October 2001 the FATF adopted a series of recommendations to combat the financing of terrorism. In December 2001, the EU adopted a regulation on the freezing of funds of terrorist organisations and in May 2002 the Member States reached a political agreement on the proposed Directive to counter insider dealing and market manipulation.

Emergency preparedness

In order to be prepared in the event of a terrorist attack, the EU has also sought to enhance civil protection and increase the protection of public health from bio-terrorist attacks.

Since 11 September 2001, the European Commission has promoted discussions on preparedness for bioterrorist threats. Health ministers have met several times to discuss EU-wide co-ordination of efforts. Each Member State has appointed a senior representative to discuss these measures, forming a Health Security Committee. The EU already has a communicable disease network, but a Monitoring and Information Centre providing for immediate response in the case of major emergencies 24 hours a day has also been established.

In November 2001, EU health ministers agreed to a set of priorities to establish a health expert consultation mechanism, strategies on availability and stocks of serums vaccines and antibiotics and a European network of experts for evaluating managing and communicating risks. To ensure that the appropriate medicinal treatment is available a 25 point programme was agreed by the Health Security Committee, which emphasises the need to ensure that laboratory expertise and capacity is made available to cope with high-risk agents and complex technology and methods, as well as a surge in demand for analyses in case of threats or attacks. Proper and safe arrangements are being put in place for transportation of samples, reagents and specimens and for field investigation teams to analyse relationships between cases, establish common environmental exposures and co-ordinate additional case finding. This is key to determining potentially exposed groups of people who would require antibiotic prophylaxis, vaccination and / or monitoring depending on the agent.

At the international level, a concerted global action to strengthen the public health response to the threat of international biological, chemical and radio-nuclear terrorism was agreed in Ottawa in November 2001 by the G7 Health Ministers, together with Mexico and EU Health and Consumer Protection Commissioner Byrne. The WHO is a key partner in this effort. Risk assessment and management methodologies are being prepared within this framework and exercises are organised to test current response plans

In the field of civil protection, the EU is strengthening its efforts to at protecting European citizens in case of a terrorist attack. It has introduced a Community Wide Civil protection Action that is intended to facilitate reinforced co-operation on civil protection assistance interventions. It entered into force on 1 January 2002 and provides for immediate response and support in the event of major emergencies. On-site intervention teams, experts and other equipment can be dispatched promptly via its Monitoring and Information Centre. There is a comprehensive database with relevant contact details for intervention teams in Member States. Emergency response requests can be dispatched 24 hours a day, 7 days a week.

Looking to the future, the European Commission has put in place a group of experts to identify means of combating biological and chemical threats. The group has the mandate to draw up an inventory of current research activities in this field; examine how these activities can be best exploited and co-ordinated; and identify what gaps there are and what additional research is needed in the short and long-term. Most of the research needs identified by the Research Expert Group will be addressed within the 6th EU Research Framework Programme (FP6). In particular, the European Commission has launched a prospective study on EU vulnerable sides and weaknesses in front of potential bio-chemical terrorist attacks, and a Pilot study on the relationship between scientific advice on bio-chemical terrorism and society at large.

Global fight against terrorism

Beyond its borders, the European Union has also demonstrated its commitment to the global fight against terrorism through its diplomatic efforts. The EU has incorporated the fight against terrorism into all aspects of the EU's external relations both by horizontal actions and bilateral relations with third countries or regions.

Horizontal actions:

  • While implementing UN Security Council Resolution 1373 the EU went beyond UN sanctions and froze the assets of an important number of terrorist organisations through the adoption of a Regulation in December 2001. Since 1999, over €100 million of terrorists' assets have been frozen throughout the EU.
  • The events of September 11th demonstrated the need for political and cultural dialogue with those parts of the world where terrorism comes into being. A Euro-Mediterranean Foundation is to be set up under the Barcelona Process to enhanced inter-cultural dialogue.

Bilateral relations with third countries and regions:

  • Afghanistan: The EU is the main donor helping to rebuild Afghanistan through reconstruction and humanitarian assistance. At the Tokyo donors' conference in January 2002, the contributions of the European Commission and of individual EU Member States together, made Europe the most generous contributor.The EC alone, has pledged €1 billion over the next five years.
  • Pakistan: The EU responded to Pakistan's changed position on the Taliban regime and its commitments to return to democratic rule, with increased financial assistance and a 3rd Generation Co-operation Agreement. A package of trade measures designed to significantly improve access for Pakistani exports to the EU has been approved. Furthermore, the Commission mounted a major Election Observation Mission in the run up to the Parliamentary elections on 12 October 2002 in order to assist the country in its difficult transition process towards restoration of full democracy.
  • Iran: Negotiations for a Trade and Co-operation Agreement with Iran began in Autumn 2002. The EU calls on Iran to promote and protect human rights and fundamental freedoms, to sign, ratify and fully implement international instruments pertaining to the non-proliferation of arms and to join in the international fight against terrorism.
  • Commitments to co-operate closely in the fight against terrorism have been included in or agreed alongside new Association Agreements between the EU, Algeria, Lebanon and Chile.
  • Concrete international commitments to fight against terrorism have been agreed upon with the United States, Russia, the 13 accession candidates, Norway, Iceland and Liechtenstein, Switzerland, Russia, Ukraine, Moldova and the western Balkan countries, the 12 partner countries of the Euro-Mediterranean Partnership, Israel, Canada, and India, as well as the Council of Europe. At the Ninth Ministerial Council of the Organisation for Security and Co-operation in Europe (OSCE), in December 2001, ministers adopted a broad-ranging Action Plan on counter-terrorism measures.

In addition to these measures, the EU is also committed to delivering peace in the Middle East. Not only does is it the biggest donor of financial aid to the Middle East Peace Process, but it also plays an active role in the Middle East Quartet (comprising the EU, the United Nations, Russia and the United States). On 30 April 2003 the Quartet presented a Roadmap for Peace in the Middle East and, despite the deterioration in the situation in the region, continues to levy pressure on all parties to proceed with the Roadmap.

Finally, the European Commission has pushed the Member States to present a unified position on the reconstruction of Iraq, following the differences of opinion ahead of the conflict. At the Donors Conference on the Reconstruction of Iraq in Madrid on 23-24 October 2003 the EU pledged 200 million until the end of 2004 from the Community budget in addition to its already extensive humanitarian assistance. With the addition of Member States' bilateral pledges, the European Union will as a whole be contributing some €750m to reconstruction in Iraq over the next year, when its needs are likely to be greatest.

Fighting terrorism in the future

Some analysts might question what part the EU's role in the Middle East Peace Process and the reconstruction of Iraq have to play in the EU's response to terrorism but they are important because they reflect the European Union's commitment to treat the root causes of terrorism around the world.

Over the last two years the EU has clearly demonstrated its commitment to the fight against global terrorism both by its 'domestic' measures and its actions on the international scene. With the focus of the Bush administration increasingly switching to domestic issues and presidential campaigns, the European Commission continues to emphasise the need to broker peace in the Middle East, to establish stability in Afghanistan, and to bring about the successful reconstruction of Iraq. It is perhaps in this way that the EU's response to terrorism will prove the most successful for it is well aware of the need eradicate the tensions around the world which provoke widespread international terrorism.

Further information within European Sources Online

European Sources Online: Topic Guides

Justice and Home Affairs
The European Union and the United States

European Sources Online: In Focus

Terrorist attack in the United States, 11 September 2001 - the implications for Europe, September 2001

European Sources Online: Financial Times

11.09.03: Aschroft to discuss progress on fighting terrorism with EU
05.07.03: UK to confront US over secret terror tribunals
25.07.03: Brussels calls for border control shake-up
01.10.03: Al-Qaeda network highlighted as Belgian terror trial ends

European Sources Online: European Voice

28.03.02: Meri: War against terrorism will benefit from enlargement
27.06.02: EU and US stage talks to fight terrorism despite differences
07.11.02: Few proven links to terrorism, says report
07.11.02: Bush advisor admits 'much work' needed in EU-US war on terror
06.02.03: Europol accused over finances
20.02.03: Terrorism backlash would ruin travel trade, warns Visa chief
06.03.03: EU bows to US over airline passenger data
03.04.03: Will war against Iraq defeat terrorism?
10.07.03: Plight of terror suspects put in focus by Watson
24.07.03: Jury still out on fate of Guantanamo 13
24.07.03: EU-US date exchange rules 'vague'
11.09.03: EU 'unprepared' for bioterror attack
09.10.03: Security chief calls for better biological attack planning

Further information can be seen in these external links:
(long-term access cannot be guaranteed)

EU Institutions

European Commission

DG Press and Communication:
11 September attacks: The European Union's broad response [Compilation website]
 
Press Releases:
  11.09.02: Declaration 11 September 2002 by Heads of State and Government of the European Union, the President of the European Parliament, the President of the European Commission, and the High Representative for the Common Foreign and Security Policy [IP/02/1286]
  15.10.02: Protection of citizens in the event of a terrorist attack: Commission announces large-scale European simulation exercise (EURATOX 2002) [IP/02/1498]
  17.10.02: European Commission to support Indonesia's fight against terrorism [IP/02/1511]
  10.12.02: Byrne: Global Health Security Initiative strengthens preparedness and response to bioterrorist threats [IP/02/1833]
  13.12.02: Fight against terrorism: more security in EU air transport [IP/02/1879]
  23.01.03: Customs: Commission proposes to negotiate EU/US co-operation arrangements for transport security [IP/03/108]
  18.03.03: Customs: Commission welcomes Council authorisation to negotiate with US on transport security co-operation [IP/03/399]
  08.05.03: Fight against terrorism - Security of European maritime transport to be strengthened [IP/03/651]
Memos:
  12.03.02: EU Response to the 11 September: European Commission action [MEMO/02/53]
  03.06.02: EU Response to the 11 September: European Commission action [MEMO/02/122]
  09.09.02: EU action in response to 11th September 2001: one year after [MEMO/02/187]
   
Speeches:
  24.10.02: Statement on terrorism [SPEECH/02/516]
  Proposal for a Council Regulation amending, as regards the exemptions to the freezing of funds and economic resources and for the tenth time, Regulation (EC) No 881/2002 imposing certain specific restrictive measures directed against certain persons and entities associated with Osama bin Laden, the Al-Qaida network and the Taliban [COM (2003) 41 final]
  Communication from the Commission ... on cooperation in the European Union on preparedness and response to biological and chemical agent attacks (health security) [COM(2003) 320 final]
 
DG Justice and Home Affairs
Terrorism - the EU on the move
 
DG Health and Consumer Protection
Bio-terrorism

Council of the European Union

Homepage
Press Releases:
  30.10.02: Fight against terrorism - update of list (Decisions adopted by written procedure)
  27.01.03: 14th EU-ASEAN Ministerial Meeting, Brussels 27-28 January 2003: Joint Declaration on Cooperation to combat terrorism [PRES03/19]
  11.09.03: EU and US remember September 11, 2001
  15.09.03: Fight against terrorism - Updating of the list of terrorist organisations Decision taken by Written procedure [PRES/03/264]
  Council Framework Decision of 13 June 2002 on combating terrorism
  Council Common Position of 28 October 2002 updating Common Position 2001/931/CFSP on the application of specific measures to combat terrorism and repealing Common Position 2002/462/CFSP
  2002/848/EC. Council Decision of 28 October 2002 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Decision 2002/460/EC
  Council Decision of 28 November 2002 establishing a mechanism for evaluating the legal systems and their implementation at national level in the fight against terrorism
  Council Decision 2003/48/JHA of 19 December 2002 on the implementation of specific measures for police and judicial cooperation to combat terrorism in accordance with Article 4 of Common Position 2001/931/CFSP
  2003/402/CFSP: Council Common Position 2003/402/CFSP of 5 June 2003 updating Common Position 2001/931/CFSP on the application of specific measures to combat terrorism and repealing Common Position 2002/976/CFSP
  2003/646/EC. Council Decision of 12 September 2003 implementing Article 2(3) of Regulation (EC) No. 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Decision 2003/480/EC
  2003/482/EC14/07/2003: Council Common Position 2003/482/CFSP of 27 June 2003 updating Common Position 2001/931/CFSP on the application of specific measures to combat terrorism and repealing Common Position 2003/402/CFSP

European Parliament

European Parliament resolution on EU judicial cooperation with the United States in combating terrorism

International Organisations

North Atlantic Treaty Organisation
Homepage
NATO Review
Debate: Should NATO's new function be counter-terrorism? [June 2002]
Combating terrorism [March 2003]
Working with partners to fight terrorism [March 2003]

National Organisations

United Kingdom: House of Commons
Foreign policy aspects of the war against terrorism

Miscellaneous Organisations

The Centre for European Policy Studies
Homepage
 
Statewatch
Homepage
Observatory on post 11 September and civil liberties
 
 
The United States Mission to the European Union
Homepage
Response to terrorism
 
The Heritage Foundation
Homepage
The War against Terrorism, the EU's response and the future of NATO [March 2002]
 
British American Security Information Council
Homepage
EU and US co-operation on arms exports controls in a post 9/11 world [January 2003]
Transatlantic responses to terrorism: The European Union
 

News Organisations

BBC News Online
06.09.02: Europe's hunt for Al-Qaeda
14.09.02: Ashcroft hails US-EU anti terror moves
06.06.03: EU agrees US extradition deal
26.06.03: Bush urges EU action on Hamas
27.06.03: EU rejects full Hamas ban

Further and subsequent information on the subject of this In Focus can be found by an 'Advanced Search' in European Sources Online by inserting 'terrorism' in the keyword field.

Helen Bower
Researcher
Compiled: 26 October 2003

Background and reporting on the week's main stories in the European Union and the wider Europe.

Related Links
ESO: In Focus: Terrorist attack in the United States, 11 September 2001 - the implications for Europe, September 2001 http://www.europeansources.info/record/terrorist-attack-in-the-united-states-11-september-2001-the-implications-for-europe-september-2001/

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