Vitorino braced for battle on terror compensation law

By Peter Chapman

Date: 11/03/04

JUSTICE ministers are threatening to axe a plan that would guarantee compensation to EU citizens who are injured by terrorists or criminals when they visit another member state, European Voice has learned.

Under the proposal - drafted in the wake of the 11 September 2001 attacks on New York and Washington - EU citizens or their relatives would get at least €60,000 for severe injuries or death.

The law would also fill the gap in Italy and Greece as well as Latvia, Lithuania, Malta, Poland and Slovenia, all of which currently have no payout system.

However, ministers due to meet on 30 March in Brussels are set to clash on the proposals.

Eight governments believe the Commission does not have a "legal basis" to put forward such wide-ranging proposals - and that accepting this law would pave the way for a flurry of other measures which ought to be left to member states to decide.

But António Vitorino is fighting to save the plan.

"We think that the protection of victims is important in that context.

"We should have minimum standards for compensation of victims," said one senior advisor to the justice and home affairs commissioner.

Germany, the UK, the Netherlands, Austria and Denmark are leading the opposition to the plan, the advisor added, but "they don't have a problem in substance; it is a political problem".

"They are afraid that it is a precedent to come with other proposals."

In addition, new member states fear they could face hefty bills in the event of terror attacks on their territory.

"Some believe this is too high, especially for the new member states," confirmed one diplomat at the Council of Ministers.

Under EU rules, the Commission must have a legal basis, or an explicit authorization in a treaty, whenever it proposes new legislation.

However, in this case, the Commission has used the so-called Article 308 of the treaty as the justification.

This "catch-all" article is only used in areas in which the Commission believes there is a clear need for legislation in the absence of a clear-cut legal basis.

Laws proposed under Article 308 must be approved unanimously in the Council of Ministers to make it onto the EU's statute books.

Only France, Belgium, Sweden, Finland, Portugal, Spain and Greece are expected to support the law in its current guise.

That scenario leaves the Irish EU presidency with the tough job of finding a compromise.

One option would be to change the legal basis of the proposal or to peg back the scope of the law to cover just cooperation between countries to help address cross-border claims, as opposed to setting minimum compensation levels.

But Commission officials have told this newspaper they chose Article 308 because there was no alternative.

Limiting the scope of the law, they add, could rob it of its reason for existing at all - because it would be meaningless to facilitate cooperation on claims with countries that do not pay compensation.

Even if they opt to keep the law, countries have battled to claw back the €60,000 minimum average payout victims are expected to receive for serious injuries.

In a bid to strike a deal, the Irish presidency will call for a gradual phasing-in of a less generous figure, which would reach a maximum of between €48-60,000 in 2016.

But Vitorino's aides are scathing.

"The minimum standards are being lowered and lowered and lowered in the Council," one said.

"We are afraid that they will arrive at a final figure which sends out a very bad message to citizens."

Article looks at the European Commission proposal to grant EU citizens compensation if they are injured by a terrorist act in another Member State, which is opposed by certain Member States.

European Commission: DG Freedom, Security and Justice: Freedom, Security and Justice: Criminal Justice: Terrorism http://ec.europa.eu/comm/justice_home/fsj/criminal/terrorism/fsj_criminal_terrorism_en.htm

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