Response to the Committee's request for
additional information on certain points raised when Michel Servoz
and Peter Handley gave oral evidence on 19 November 2003
1. What is the current situation as regards
EC proposals on hallmarking of precious metals?
The Commission proposed the Precious Metal Directive
in 1993 due to the many problems with barriers to intra Community
trade upon which the Cassis de Dijon ruling could not be applied.
After the first reading by Parliament (not yet under co-decision)
the Commission presented an amended proposal in 1994. The first
reading in Council has remained dormant since 1998 and was revived
by the Italian Presidency in 2003.
The proposal harmonises:
1. Contents of precious metal.
2. Conformity assessment, by means of "three
options" of which all involve the intervention of a third
party: (i) A Community hallmarking system, (ii) Approved quality
assurance system and (iii) Manufacturer declaration regularly
controlled by a notified body.
3. Community marking instead of national
marks.
4. Registration of manufacturers and importers.
The main problem concerns the conformity assessment
where a major divide exists between countries with a hallmarking
tradition and those with a manufacturer declaration combined with
market surveillance.
On 19 November 2003, COREPER decided that the
progress on the Precious Metals Directive was not sufficient for
it to be discussed at the Competitiveness Council. COREPER has
requested the current and future Presidency together with the
Commission to consider along which lines further possible discussion
at the working group level could lead to a compromise.
The Commission does not plan to present another
revised proposal at this time, although this will be kept under
review in the light of discussions with the Council.
2. What retrospective assessment does the
Commission make of the relationship between its work programme
and what was actually achieved during the year?
The Commission monitors implementation of its
legislative and work programme throughout the year and reports
on its execution afterwards.
During the year, the Commission services report
regularly to the Commission on the progress achieved. In June
or July, the Commission Vice-President presents a mid-term assessment
to the European Parliament's Conference of Committee Chairmen.
The Commission annexes an assessment of implementation to its
legislative and work programme for the following year (although
the annex to the 2004 programme exceptionally presents this as
a first overall assessment of progress towards meeting the strategic
objectives set by the Prodi Commission at the start of its mandate).
Once the annual exercise is finished, the Commission
reviews the overall level of achievement compared with the programme.
Each Commission service is required to prepare an annual activity
report showing how well it performed on delivering priorities
and using resources. The Commission adopts a synthesis report
on the progress achieved and identifies areas requiring improvement.
These annual activity reports and the synthesis report are transmitted
to the European Parliament, the Council and the Court of Auditors
in June or July each year.
3. What actions
are awaiting implementation in respect of international terrorism
and enhancing European security measures in support of the "Petersberg
tasks"?
The fight against terrorism is a priority action
for the EU both internally and externally. Our action is very
much focused on the implementation of the relevant Security Council
resolutions, notably UNSCR 1373, 1390 and 1452.
(i) The fight against the financing of terrorism
Substantial work has been undertaken as regards
the freezing of funds and economic resources with a view to preventing
the financing of terrorism. The legislation targeting Al Qaeda
and the Taliban (regulation (EC) 881/2002) has been updated several
times to keep it in line with the amendments decided by the competent
sanctions Committees of the UN Security Council. The Council continues
to review and amend the list of persons, groups and entities targeted
by the freezing measures of Common Position 2001/931/CFSP and
Regulation (EC) No 2580/2001 as foreseen by those legal instruments.
A Framework decision on the execution in the EU of orders freezing
property or evidence was adopted on 22 July 2003. The purpose
of this instrument is to establish the rules under which a member
state shall recognise and execute a freezing order issued by a
judicial authority of another Member State in the framework of
criminal proceedings. Through this instrument, freezing orders
will have to be authorised by a judicial authority and subject
to applicable safeguards under national legislation, but will
then be executed immediately without the delay inherent in traditional
mutual assistance regimes.
In addition there are a number of other proposals
under discussion within the Commission relevant to the fight against
the financing of terrorism. These include a Framework Decision
to combat links between organised crime and financing of terrorism;
a Framework Decision to create a register of persons implicated
in terrorist financing who are involved in the establishment or
management of businesses; and proposals for an uniform EU-wide
system to combat money laundering by natural or legal persons
using large-scale cash payments to conceal the conversion of proceeds
from crime.
(ii) Framework decision on terrorism—review
of implementation
Pursuant to Article 11 of the Framework Decision
on combating terrorism (2002/475/JHA of 13 June 2002), the Commission
is to make an implementation report and the Council to assess,
by 31 December 2003, whether EU Member States have taken the necessary
measures to implement the Framework Decision (they were required
to do so by 31-12-2002). The report was due to be produced in
2003 but because of late replies (only 13 MS have so far replied)
and translations it is unlikely that this will be produced until
2004. This report should provide a basis on which to judge whether
further action is necessary in the area of European counter-terrorism
legislation.
(iii) Police and Judicial co-operation
In the light of the possible attractiveness
of the Athens Olympic Games as a terrorist target, the Task-Force
of EU Chiefs of police agreed in October 2003 to draw up a specific
Security Handbook to be used to develop direct police co-operation
during the Games, focusing on the specific nature of the threat
and drawing on the capabilities of Europol (especially in collating,
processing and exchanging information related to terrorism).
A co-operation agreement between Europol and
the Russian Federation was signed on 6 November 2003. The purpose
of this agreement is to enhance co-operation on combating serious
forms of transnational criminal activities between the Russian
federation and the Member States of the EU acting through Europol.
Under this agreement, Europol and Russia will co-operate in the
area of prevention, detection, suppression and investigation of
crimes including those related to terrorism and its financing.
Europol has also signed cooperation agreements with the US.
The Justice and Home Affairs Council on 6 November
2003 approved an operational project for the start of "multinational
ad hoc teams for exchanging information on terrorists". These
teams will be made up of experts responsible for fighting terrorism.
They will carry out investigations into alleged members of terrorist
groups and support networks. They will also be able to carry out
the full range of investigative techniques, subject to national
law, for preventive and pre-judicial purposes, with a view to
gathering and exchanging information.
As for judicial co-operation, further steps
have been taken towards full activation of the European Arrest
Warrant (EAW), which provides for simplified surrender procedures
between judicial authorities of Member States, based upon the
principle of mutual recognition. The Framework Decision, which
entered into force in August 2002, should be implemented in all
member states, through adaptation of their national laws, by the
end of December 2003. This should allow the EAW to become operational
by the beginning of 2004. As required by the Framework Decision,
a Council report on the EAW was adopted on 18 November 2003 by
the Article 36 Committee and will be submitted to the next JHA
Council. In addition, the Council Working group for criminal judicial
co-operation is in the process of producing a technical paper
on the implementation of the Framework Decision in order to facilitate
the future functioning of the EAW.
(iv) Border control
As resolution 1373 clearly indicates, adequate
control of borders is an important element of the fight against
terrorism. The conclusions of the European Council of 16-17 October
underlined the importance attached to the management of the EU's
external borders, by welcoming the Commission's intention to present
a proposal establishing an European Agency for the Management
of Operational Cooperation at the external borders. The Commission
adopted this proposal on 11 November.
Reliable and secure identity and travel documents
are also an important element of the fight against terrorism.
Following its decisions to require photographs on visas and on
residence permits (regulations 334/2002/EC and 1030/2002EC) the
Council is now studying draft regulations on the introduction
of two sets of biometric data (facial image and fingerprints)
on visas and residence permits for third country nationals by
2005. The Commission also plans to introduce a proposal on the
insertion of biometrics data in passports in early 2004.
(v) Maritime Security
During its meeting of 9 October 2003, the Transport
Council reached agreement on a general approach to the Commission's
proposal for a Regulation to enhance ship and port facility transport
security. This proposal aims to incorporate into Community legislation
the security measures adopted by the IMO in December 2002 to suppress
and prevent acts of terrorism against ships. The proposed regulation
goes beyond the measures adopted by the IMO in so far as it extends
the security requirements to cover also domestic shipping.
(vi) Transatlantic transport security
The Commission and US Customs authorities have
initialled an agreement to expand the 1997 EC-US Customs Co-operation
Agreement to security issues in sea container transport. The expansion
of the agreement will take the form of a decision of the Joint
Customs Co-operation Committee (JCCC) established by the 1997
Agreement. This decision will have a binding nature.
Following the 11 September attacks, the US asked
airlines to provide access to data archives of passengers bound
for or in transit through US territories. Other third countries
have made similar requests. The Commission is currently negotiating
with the US authorities the scope and modalities of the data transmission
in order for EU companies to comply with the EU Directive on data
protection (45/96). Although we are close to an agreement, talks
are continuing about the timing and nature of the agreement. Similar
negotiations have recently been started with Canada.
(vii) Assistance to third countries
For our efforts to have any impact on the ability
of terrorist groups to function, they must be as universal as
possible. The key is for all countries to implement the commitments
entered into as a result of the various UN resolutions and Conventions.
Not all countries have the capacity, either technical or financial
to do this. There is therefore a clear role for capacity building
assistance from the international donor community.
The EC has an extensive track record in areas
identified by the UN Counter Terrorism Committee as priorities
for assistance to third countries through existing programmes
such as PHARE, TACIS and MEDA. These include capacity building
of the police and judiciary, assistance in matters related to
border security, countering financing of terrorism and money laundering.
We continue to provide extensive assistance in these areas through
our longer-term assistance programmes and in addition have embarked
on specific targeted projects (initially focusing on Indonesia,
Philippines and Pakistan).
(viii) Protection of the population against CBRN
threats
EU action on terrorism has been outlined in
three communications issued by the European Commission, the first
in November 2001, the second in June 2002 and the third, dealing
in detail with the health aspects of this action, on 2 June 2003
(communication COM(2003)320 final).
Moreover, a joint programme of action on chemical,
biological and radio-nuclear threats was agreed by the EU Council
of Ministers and the Commission on 20 December 2002, as requested
by the European Council (heads of State and Government of the
EU) in Gent, Belgium in October 2001. This programme sets out
the key objectives of action on CBRN threats across the policies
and sectors of activities of the EU and lists the legal instruments
that can be used to counter such threats. Implementation is under
way. The first annual progress report on the implementation of
the programme will be submitted to the Council before the end
of 2003. The EU is also in the process of defining the possible
use of military assets and capabilities against the effects of
terrorist attacks, including CBRN.
—Action in the area of public health
In the area of health, guidelines agreed at
the Health Council of the EU on 15 November 200l, led to the drawing
up of the 25-action programme on health security, currently being
implemented in close collaboration between the Commission and
the EU Member States, which aims to contribute towards:
— EU-wide capability for the timely
detection and for the identification of biological and chemical
agents in laboratories;
— Rapid and reliable determination
and diagnosis of human disease cases;
— Availability of medicines;
— Co-ordination of emergency plans
and responses and availability of predictive models for disease
propagation and the impact of counter-measures;
— Dissemination of rules and guidance
on facing-up to attacks.
—Results obtained so far include:
— A co-ordination mechanism has been
established. It comprises the Health Security Committee of high-level
representatives of the EU Member States charged with raising the
alert, consulting rapidly after incidents and in the event of
crises, exchanging information and co-operating on preparedness
and response measures, and a 24 hour/seven day-a-week rapid alert
system (RAS-BICHAT), operational since June 2002, which links
the members of the Health Security Committee and also permanent
contact points in all Member States;
— Lists of biological terrorism agents
have been reviewed and a matrix with all the agents has been developed
for prioritising public health actions. Case definitions for smallpox,
anthrax, tularaemia and Q fever have been worked out for surveillance
purposes and a Commission decision that renders them mandatory
is to be adopted in due course;
— A platform of co-operation between
public health laboratories in all Member States has been set up
and a network has been formed consisting of high safety laboratories
in the Member States to ensure that bioagents are detected rapidly
wherever they are released; moreover, a ring test and a quality
assurance project are being launched;
— Clinical guidelines have been prepared
and agreed by the Health Security Committee for publication and
dissemination, covering anthrax, smallpox, botulism, plague, tularaemia,
haemorrhagic fever viruses, brucella, Q fever, encephalitis viruses,
glanders and melioidosis;
— Chemical terrorism agents have been
compiled in a matrix from lists of toxic chemicals and work is
being undertaken to study generic scenarios, identify training
needs and course content and create a platform for alert and response
to deliberate chemical events by linking existing systems. A guidance
document for the use of antidotes to agents of chemical terrorism
has just been produced by the European Medicines Evaluation Agency(EMEA);
— Sharing of information on smallpox
emergency plans has been organised and a table has been developed
for comparison of corresponding measures and alert levels. Tests
of communication channels and an evaluation of existing emergency
plans will be run in the form of exercises for smallpox in the
context of the G7 group of countries, Mexico and the Commission
later this year. A similar EU-level exercise for biological and
chemical agents release events is being prepared and scheduled
to be conducted next year;
— Consensus on the modelling of outbreaks
and on the data for simulations has been achieved and work is
being pursued on the setting up of a relevant database and on
the development of generic models which can be subsequently adapted
to include specific conditions in Member States;
— A directory of experts that could
be made available experts for advice or for missions to assist
in the management of health emergencies, especially epidemics,
is being drawn up together with arrangements for such missions.
—Medicines
The initiative launched in November 2001 to
address the issue of the availability and stockpiling of medicines
for mounting an effective response to bioterrorist attacks yielded
guidelines, issued by the EMEA, on the use of medicines against
potential pathogens and guidance on the development of vaccinia
virus- based vaccines against smallpox. An amendment to the pharmaceutical
legislation on liability for non-authorised products for bioterror-related
purposes is currently being discussed at the European Parliament
and the Council. The option of EU level stockpiles was not pursued
due to Member States' preference for possessing their own stockpiles.
—International activity
On the international scene, under the Global
Health Security Action initiative agreed by the G7 and Mexican
Health Ministers and Commissioner Byrne in Ottawa on 7 November
2001, cooperation has been promoted on smallpox emergency plans
and training, laboratory detection techniques, risk management
and communication, chemical incident preparedness, and patient
isolation techniques. The World Health Organisation is fully associated
in these activities. A bioterrorist incident scale for risk communications
has been agreed between the parties to the initiative, a smallpox
training-the-trainers workshop has been held, groups on laboratory
collaboration, risk management, chemical events and influenza
have been formed and a smallpox plan evaluation exercise has been
conducted.
—Enlargement
The acceding countries and enlargement candidates,
as well as the EEA countries, have been kept informed of the activities
on health security and are currently being integrated in the structures
that have been set up to deal with health security issues.
(ix) Research in support of Petersberg tasks
The Commission has been repeatedly encouraged
by Council, Parliament and industry to undertake action in the
field of security research.
The draft European Security strategy presented
by Mr Solana earlier in the year provides the basis for the development
of a new European "security culture". It also provides
a framework for European security-related research in an enlarged
Europe in order that we might continue to develop and maintain
the capabilities to deal with security related threats.
As a response, the Commission proposes to launch
a Preparatory Action in the field of Security research. The goal
of this Preparatory Action is to work towards the establishment
of a full programme to advance the security of European citizens
and strengthen the competitiveness of the European industry, through
research and technology from 2007 onwards (period of the next
financial perspective).
The Preparatory Action will span three years
(2004-06), with a proposed budget of
65 million (
15 million allocated for 2004). The preliminary phase
will address mainly "mission oriented" projects. Likely
challenges to address in this first phase include:
— Security and Protection of networked
utility systems.
— Anti-terrorist measures including
bio-terrorism.
— Integration and interoperability
of ICT systems.
In parallel to the launching of the Preparatory
Programme, a Group of Personalities (GoP) has been established
with a view to establishing a long-term security vision for Europe
and to "spear-head" the process of enhancing European
industrial potential in the field of security research. The group,
jointly chaired by Commissioners Busquin and Likkanen, is made
up of chief executives from industry and research institutes,
major European political figures and observers from other international
and intergovernmental institutions. The group will deliver its
report in spring 2004.
4. What are the
"demands of citizens" as regards further progress on
justice and home affairs matters?
As set out in the Treaty of the European Union,
the Union has an explicit objective "to provide the citizens
with a high level of safety within an area of freedom, security
and justice by developing common action among the Member States
in the fields of police and judicial cooperation in criminal matter
and by preventing and combating racism and xenophobia". Moreover,
actions taken at a European level should have an added value.
The Commission has set out a number of specific
legislative proposals for 2004 to address the above mentioned
objectives. Furthermore, it needs to be noted that quite a number
of proposals have been requested directly by the European Council
demonstrating the political importance also attached by the Heads
of State and Government to JHA issues.
In regard to what European citizens demand specifically
as regard further progress on justice and home affairs, the Commission
recently launched a Eurobarometer survey on "public opinion
in the European Union on Justice and Home Affairs matters",
the results of which are about to be published.
Data was collected in May 2003 from over 16,000
interviewees in the 15 current Member States of the EU.
The poll surveyed European citizens' opinions
in regard to crime (eg international crime and terrorism), migration
and asylum seekers, guarantees for human rights and civil law
(eg family law, consumer rights). The survey also covered citizens'
opinion on the need for coordination, action or legislation at
a European Union level.
For all three groups of questions there is a
remarkable degree of coherence between the opinions of UK citizens
and the average of all the citizens of the EU Member States.
Crime:
The questions relating to financial crime (customs
fraud and smuggling; corruption and money laundering) showed that
more than 70% of the sample of EU citizens was either greatly
or moderately concerned and that 80% believed that coordinated
action at European level was desirable.
The questions related to organised crime; terrorism;
drug trafficking; trafficking in human beings and illegal immigration
showed that between 80-90% of citizens were concerned and that
90% found coordinated EU action desirable.
Attitudes towards adoption of measures across
the EU concerning criminal law (police cooperation; coordination
of criminal enquires; creation of a common EU database of criminals;
European arrest warrant and agreements between the EU and other
countries to fight international crime) was favoured by more than
90% of the sample population.
Attitudes towards adoption of measures across
the EU concerning border issues (pursuit across EU borders; strengthening
entry control to the EU, permitting border guards from one EU
Member State to guard another Member State's borders) showed that
70% of the sample population supported such measures.
Migration and asylum seekers:
The second group of questions related to views
about migration and asylum seekers: 80% of the interviewees believed
that rules for asylum seekers should be the same throughout the
EU; 70% that an acceptance or rejection of an asylum application
in one EU Member State should apply automatically in the rest
of the EU; whilst 60% considered that the absence of coherent
EU immigration and asylum policy drives immigrants and asylum
seekers into the hands of criminal networks.
Guarantees for human rights and civil law:
Attitudes towards measures which already have
been proposed at EU level to provide better guarantees for human
rights: 80% of the interviewees supported common measure to fight
racism and harmonised legislation to guarantee the rights of minorities
and immigrants.
Concerning measures which have already been
proposed at EU level to provide better guarantees for access to
the courts and mutual recognition: 80% of the interviewees supported
mutual recognition of judicial decisions and the development of
EU-wide legislation in civil and family matters such as divorce,
child custody and inheritance; as well as mutual recognition of
judicial decisions in business and consumer disputes as well as
the setting up EU-wide measures to simplify citizens' access to
courts.
The Commission Legislative and Work Programme
2004 reflects these expectations of European citizens. The Commission
considers that the EU has a role to play in developing an area
of freedom, security and justice for citizens by developing common
action among the Member States in the fields of police and judicial
cooperation in criminal matters and by preventing and combating
racism and xenophobia.
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