27 EU Counter-Terrorism Policy
| (31847)
12653/10
COM(10) 386
+ ADD 1
| Commission Communication on EU Counter-Terrorism Policy: main achievements and future challenges
Commission Staff Working Paper — Taking stock of EU counter-terrorism measures
|
| Legal base | —
|
| Document originated | 20 July 2010
|
| Deposited in Parliament | 30 July 2010
|
| Department | Home Office
|
| Basis of consideration | EM of 16 August 2010
|
| Previous Committee Report | None
|
| To be discussed in Council | No date set
|
| Committee's assessment | Politically important
|
| Committee's decision | Cleared
|
Background
27.1 In December 2005, the European Council endorsed the EU
Counter-Terrorism Strategy which included the strategic commitment
to combat terrorism globally while respecting human rights, and
to make Europe safer, allowing its citizens to live in an area
of freedom, security and justice. The EU Counter-Terrorism Strategy
is based on four strands — Prevent, Protect, Pursue and
Respond — which are intended to constitute a comprehensive
and proportionate response to the international terrorist threat.[118]
The Strategy was followed by an Action Plan specifying a range
of measures to be taken under each of the four strands.
27.2 The Stockholm Programme, which establishes
the EU's priorities in the area of freedom, security and justice
for the period 2010-14, includes a commitment to develop an EU
Internal Security Strategy to improve security within the EU and
to tackle organised crime and terrorism.[119]
The Commission Communication
27.3 The Communication is the Commission's response
to a request from the European Parliament for a political assessment
of the core elements of the EU Counter-Terrorism Strategy but
it will also inform the Commission's development of the broader
Internal Security Strategy envisaged in the Stockholm Programme.
The Communication states that "the threat from terrorism
remains significant and is constantly evolving" and that
"the international community's efforts to combat this threat
need to evolve as well". The Commission recognises that "Member
States are the main actors in this sensitive policy area".[120]
The purpose of the Communication is therefore to highlight the
main policy and legislative developments at EU level which can
contribute to combating terrorism and to identify future challenges.
A detailed description of existing EU measures is provided in
an accompanying Commission Staff Working Paper.
27.4 The Commission's analysis focuses on the
main challenges and threats under each of the four strands of
the EU Counter-Terrorism Strategy, as follows:
- Prevent — preventing
radicalisation and recruitment and tackling use of the internet
to support terrorist activity;
- Protect — protecting
people and infrastructure through EU-wide threat assessments,
strengthening transport security, security in the supply chain
and border controls, protecting critical infrastructure and investing
in security-related research;
- Pursue — gathering
and analysis of information, impeding the movement and activities
of terrorists, strengthening police and judicial co-operation
and combating terrorist financing; and
- Respond — developing
a civilian response capacity to respond to terrorist attacks,
establishing early warning and crisis management systems, and
providing assistance to the victims of terrorism.
27.5 The Communication also identifies the following
cross-cutting issues which have an important bearing on implementation
of the EU Counter-Terrorism Strategy:
- Respect for fundamental rights
— ensuring that EU measures to counter terrorism fully respect
fundamental rights and the rule of law, with the EU Charter of
Fundamental Rights providing the "compass" for all EU
policies;
- International co-operation and partnerships
with third countries — continuing
to develop channels of co-operation with external partners, especially
the United States, and working through international organisations
such as the United Nations, Council of Europe, OSCE and G8; and
- Funding — securing
sources of funding to support policies to counter terrorism and
organised crime.
27.6 The Commission reviews a wide range of EU
legislative instruments and policies which it says have contributed
significantly to combating terrorism and concludes that the EU
Counter-Terrorism Strategy has enabled the EU "to develop
more systematic and less incident-driven policy-making".[121]
The Commission also identifies a number of future challenges and
areas of work under each of the four strands, as follows:
- Prevent — publishing
a Communication in 2011 assessing Member States' experiences of
countering radicalisation and recruitment which will provide a
basis for reviewing and updating the EU Counter-Terrorism Strategy
and Action Plan; identifying the most effective ways to tackle
internet use for terrorist purposes and enhancing public-private
partnerships to deal with illegal internet content;
- Protect — reviewing
the Directive on European Critical Infrastructures with a view
to extending its scope beyond the energy and transport sectors;
[122] reviewing
the Action Plan on the Security of Explosives; improving transport
security, including developing an EU-wide system for testing and
using new detection technologies; establishing links between technology
providers and users and the research community to provide effective
research on security issues;
- Pursue — examining
existing EU instruments providing for the exchange of information
to ensure that they meet a real need and respect the right to
privacy and protection of personal data; determining how to establish
an EU policy on passenger name records (PNR) as a means of combating
terrorism; examining the need for EU legislation on investigative
techniques for the prevention of terrorist crimes (although this
may form part of proposed legislation on the European Investigation
Order which would establish broader rules for obtaining evidence
in criminal matters); and agreeing a methodology for analysing
threats at EU level; and
- Respond — publishing
a Communication on strengthening consular protection during crises;
further developing the EU's rapid response capacity in the context
of civilian crisis and disaster management; implementing the EU's
CBRN Action Plan to prevent, detect and respond to incidents involving
chemical, biological, radiological or nuclear materials; legislative
action on the protection of victims; and agreeing arrangements
to implement the solidarity clause (Article 222 of the Treaty
on the Functioning of the European Union) which provides for assistance
to Member States in the aftermath of a terrorist attack.
27.7 On cross-cutting issues, the Commission
states that ensuring respect for fundamental rights, strengthening
co-operation with external partners and securing adequate funding
to support counter-terrorism policies under the next multi-annual
financial framework will remain priorities for the EU. The Commission
intends to produce a further evaluation of the EU's counter-terrorism
policies and priorities in time for the mid-term review of the
Stockholm Programme.
The Government's view
27.8 In her Explanatory Memorandum of 16 August
2010, the Minister for Security at the Home Office (Baroness Neville-Jones)
welcomes the Communication and says:
"We support the Commission's assertion that
the EU and its Member States must remain alive to, and be able
to respond effectively to, the evolving and diversifying terrorist
threat.
"We also believe that EU activity usefully improves
the capability and capacity of EU Member States by setting a baseline
standard for all Member States. However, as the Communication
acknowledges, Member States are the main actors in this sensitive
policy area, and much of CT policy will continue to fall under
Member State competence as a matter of national security. CT policy
also needs to continue to reflect the range of different historical,
ethnic and security circumstances involved within each Member
State".[123]
27.9 The Minister continues with an analysis
of the policy implications of many of the legislative instruments
and policies considered in the Communication and accompanying
Commission Staff Working Paper. On the Prevent strand of
the EU Counter-Terrorism Strategy, she comments that the Commission's
proposal to draw on Member States' experiences of countering radicalisation
and recruitment in preparing a further Communication in 2011 coincides
with the Government's commitment to review its own Prevent strategy.
She also says that the Government would welcome training in other
Member States , on a voluntary basis, on tackling internet use
and illegal internet content to support terrorist activity.
27.10 On the Protect strand, the Minister
notes the UK's active involvement in: voluntary, collaborative
work across all EU Member States to strengthen cyber security
and the resilience of information systems; helping to develop
a common testing methodology for security scanner systems to improve
transport security; promoting security research on, for example,
improved customs controls and security of the international supply
chain. She says, however, that the Government will oppose any
extension of the scope of the Directive on European Critical Infrastructures
unless there is evidence of significant benefit and will remain
alert to any attempt to increase EU powers in an area of national
competence.[124]
27.11 As regards the Pursue strand, the
Minister notes the Government's commitment to review all the UK's
extradition arrangements (thus including implementation of the
European Arrest Warrant) and confirms the Government's decision
to opt into negotiations on the proposed European Investigation
Order. She expresses support for changes to the EU Regulation
on the Freezing of Terrorist Assets (which implements the United
Nations Al Qaida and Taliban sanctions regime) to improve due
process safeguards and indicates that she would welcome wider
EU co-operation to prevent the misuse of new payment systems (via
the internet, prepaid cards or mobile payments) and to tackle
terrorist financing, including the channelling of funds through
charities or non-profit organisations. The Minister urges swift
publication of a Directive on the collection and analysis of PNR
data for journeys within the EU.
27.12 On the Respond strand, the Minister
expresses support for practical co-operation on national crisis
response capabilities and continuing efforts to implement the
CBRN Action Plan. She explains that Commission proposals for developing
an EU rapid response capacity are likely to include a requirement
for Member States to "pre-commit" disaster response
assets for EU deployment, which the UK would resist. She comments
further that:
"The UK would resist extending Commission competence
to include command and control of Member States' assets or to
include operational co-ordination within the EU unless at the
request of the host nation authority or under the overall coordination
of the United Nations".[125]
27.13 The Minister considers that the solidarity
clause in Article 222 TFEU is an expression of Member States'
political will to assist one another in the event of a terrorist
attack or other disaster and has "no legal significance in
that it will not enable Member States to do anything which they
could not otherwise do under existing legal bases". Any implementing
measures proposed by the Commission should not, therefore, fetter
Member States' discretion to decide how to respond to any request
for assistance.[126]
27.14 On the cross-cutting issues, the Minister
supports the Commission's assertion that fundamental rights and
the rule of law should be at the heart of the EU's approach to
countering terrorism. She welcomes efforts to develop more practical
co-operation with external partners where EU resources can act
as a multiplier and complement the UK's own efforts, as well as
greater EU engagement in developing counter-terrorism capacity
in third countries, notably Pakistan, Yemen and the Sahel. On
funding, the Minister suggests merging several funding streams
under the JHA budget to create an Internal Security Fund and highlights
the need to ensure that funding is available for the Committee
on Internal Security (COSI) to undertake new projects on practical
co-operation in the field of organised crime.
Conclusion
27.15 We thank the Minister for her detailed
assessment of EU action under the four strands of the EU's Counter-Terrorism
Strategy and the possible implications of future activity at EU
level for the UK. We welcome her strong endorsement of the need
to ensure that EU legislation and policy in this sensitive area
fully respects fundamental rights and the rule of law.
27.16 We note the Government's preference
for voluntary arrangements and collaboration between Member States
wherever practicable, while also requiring evidence of significant
benefit in those areas where EU legislation is proposed. We trust
that this approach will also apply when considering Commission
proposals for a Directive on Passenger Name Records applicable
to journeys within the EU.
27.17 The Communication identifies future
challenges and priority areas for EU activity, some of which are
likely to result in legislation and will require careful scrutiny
to ensure an appropriate balance between security needs and the
protection of fundamental rights. As the Communication has no
immediate legal, policy or financial implications for the UK,
we are content to clear it from scrutiny while drawing it to the
attention of the House.
118 (27046) 14469/1/05; see HC 34-xvi (2005-06),chapter
13 (25 January 2006) and document 14469/4/05 Rev 4. Back
119
(30701) 11060/09; see HC 19-xxiii (2008-09), chapter 1 (8 July
2009). Back
120
See paragraphs 1 and 2 of the Introduction to the Communication.
Back
121
See page 13 of the Commission's Communication. Back
122
Directive 2008/114/EC, OJ No. L 345, 23.12.08, p 75. Back
123
Minister's Explanatory Memorandum, paras 14 and 15. Back
124
Directive 2008/114/EC, OJ No. L 345, 23.12.08, p.75. Back
125
Minister's Explanatory Memorandum, para 47. Back
126
Minister's Explanatory Memorandum, para 48. Back
| 
