Local view for "http://purl.org/linkedpolitics/eu/plenary/2007-09-05-Speech-3-015"
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"Mr President, ladies and gentlemen, I should like first of all to apologise for arriving a little late at Parliament, purely and simply because I underestimated the traffic between the hotel and Parliament.
On 16 May 2007 the President of the Council, the Vice-President of the Commission and the Chairman of the Committee on Civil Liberties, Justice and Home Affairs met to examine the various counter-terrorism policies and to take stock of the implementation of the EU Counter-Terrorism Strategy. These six-monthly meetings are extremely useful for reaching a consensus on the policies to be developed in the field of combating terrorism. As regards the position of the EU Counter-Terrorism Coordinator, the Secretary-General/High Representative informed Member States that he was considering, in close collaboration with the Presidency, how best to coordinate work in the field of counter-terrorism within the Council. As regards the relation between the EU Counter-Terrorism Coordinator and the Situation Centre, SitCen takes no part in the drawing up of EU counter-terrorism policy or in the coordination of work in the field of counter-terrorism carried out by the Council; nor does it monitor follow-up to the Council’s decisions.
In the field of combating terrorism its competence is limited to presenting to the Council strategic assessments of terrorist threats on the basis of information received from the national services. It also supports the EU emergency and crisis coordination arrangements which may be implemented in order to help coordinate an EU level response to serious crises, which would potentially include terrorist attacks. That is a mechanical function which includes disseminating information, providing meeting facilities and supporting the institutions’ existing decision-making arrangements. It is not a coordinating role. Nevertheless, it was on the basis of a threat assessment drawn up by SitCen that Council approved policy recommendations in various fields, such as the field of explosives, to prevent illegal use by terrorists.
The Presidency has no doubt that its efforts in the fight against terrorism are supported by European citizens who, moreover, at the time of the most recent attacks, amply demonstrated not only their solidarity with the victims of those attacks, but also their desire for an EU response to be developed. In the drawing up of such a counter-terrorism strategy the Presidency has the support of its partners who bring their ideas to the high-level discussions, and the European Parliament, in particular, plays a vital role.
Compliance with the provision in Article 6 of the Treaty on European Union is of paramount importance for the Council, as indeed is compliance with all the other articles of the Treaties. Cooperation and dialogue with third countries are the mainstays of the EU Counter-Terrorism strategy. In this half year alone there are plans for three-party style dialogue with Russia, the United States of America, Algeria and Morocco, which reflects the interest in broadening the dialogue with those countries. The European Union also maintains anti-terrorism dialogue with other countries and international organisations.
Then, as regards our Mediterranean partners, we shall be holding our customary
Euromed experts’ meeting on terrorism, which will provide the opportunity to have wider discussions with our Mediterranean partners on a matter of vital interest in that region, and which will focus upon the implementation of priority areas of the Euro-Mediterranean Code of Conduct on Countering Terrorism.
It should be mentioned that, with specific reference to the United States of America, the Presidency holds regular talks with various bodies and at the most varied levels on combating terrorism, which cover subjects such as radicalisation and recruitment into terrorism, including Internet use by extremist groups, terrorist threat analysis, cooperation in international forums, public/private partnerships for combating terrorism, specifically explosives safety, critical infrastructure protection, terrorist financing, in addition to other types of cooperation between civilian authorities and the police authorities.
The Portuguese Presidency is to organise, in conjunction with the United States, a workshop on the application of financial sanctions for combating terrorism. The question of respect for human rights in the fight against terrorism has also been broached by both parties on various occasions and the Presidency considers that it is very important to continue that dialogue which it regards as crucial for both sides.
In conclusion on this point, I would mention that strengthening the area of freedom, security and justice based on the Hague programme and the relevant plan of action, is one of the main priorities of the joint 18-month programme of the German, Portuguese and Slovenian Presidencies. The fight against terrorism is one of the great challenges in that area; the three Presidencies included among their aims greater cooperation to combat terrorism by means of implementing the EU Counter-Terrorism Strategy.
With your permission now, Mr President, I should like to reply to Oral Question. I should like also to inform the House that the Council of the European Union makes a periodic review, as I mentioned, of the fight against terrorism and we also make an annual review of the Strategy and of the Action Plan for Combating Radicalisation and Recruitment to Terrorism; then every six months we review the strategy to combat terrorist financing. The Council will shortly be presenting, for the first time, a report on the implementation of the communication strategy intended for the media and approved in July 2006. Under the terms of the Counter-Terrorism Strategy a high-level counter-terrorism meeting must be held once per Presidency between the Council, the Commission and the European Parliament. Such meetings were held under the Austrian and German Presidencies. The role of the national parliaments will be strengthened under the new Treaty currently under discussion within the Intergovernmental Conference. The major priority is the implementation of measures already in existence. The Council employs various mechanisms for assessment, such the EU’s peer evaluation process for national counter-terrorism measures, assessment of the implementation of the European Arrest Warrant, assessment of information exchange between Europol and the Member States and between Member States, etc.
New measures are already being analysed, such as the European Programme for Critical Infrastructure Protection or measures concerning the bio-preparation technology programme, etc. The Council has organised the assessment of information exchange between Europol and the Member States and between Member States. The Secretary-General, Javier Solana, is considering how the function could best be fulfilled within the Secretariat General. The mandate and brief of the possible new coordinator are also under consideration.
I should like also to greet Commissioner Frattini, who is here with us, and to try to reply to the questions put by Members; I hope to provide all the clarifications we were asked to give.
Like all the Institutions, the Council is committed to the provision contained in Article 6 of the Treaty on European Union which states that the Union is based on the principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law. The promotion of those values is one of the EU’s priorities. The Member States’ commitment to respect fundamental rights is also enshrined in the Charter of Fundamental Rights of the European Union. Moreover, the Member States of the European Union, as members of the Council of Europe, are bound by the obligations arising from the European Convention on Human Rights.
The European Union Agency for Fundamental Rights strengthens the EU’s capacity to monitor and collect information, thus promoting maximum respect for fundamental rights. EU Member States must ensure that the measures they adopt to combat terrorism are consistent with their obligations under international law, especially international humanitarian, human rights and refugee law.
The Presidency considers that the fight against terrorism should be conducted in a manner which respects human rights given that the rule of law, good governance and the protection of fundamental freedoms are tools in the fight against terrorism. That principle is central to the Counter-Terrorism Strategy adopted by the Council, as you know, in December 2005.
Turning now to the Judgment of the Court of First Instance of the European Communities of 12 December 2006 to which the question refers. First I should like to mention that the Judgment in Case T-228/02 of 12 December 2006, known as the
(
Council of the European Union), does not justify the conclusion that the EU practice of terrorist lists is in breach of EU legislation. The Court did not in fact rule against the practice of terrorist lists, but considered merely that some fundamental rights and guarantees, including the right of defence, the obligation to state reasons and the right to effective judicial protection are, in principle, fully applicable in the context of the adoption of a Community decision to freeze funds in accordance with Regulation (EC) No 2580/2001.
Secondly, it is public knowledge that the Council already systematically undertook the necessary revision of its procedures with respect to the list of persons and entities to which Regulation (EC) No 2580/2001 applies. The Council adopted, in particular, the following measures to implement the judgment in Case T-228/02: it called attention to the possibility of contesting the Council decision before the Court of First Instance of the European Communities; it pointed out that it was possible to submit to the Council a request accompanied by supporting documentation for the decision as to inclusion or retention on the list to be examined – such requests are considered as soon as they are received; it provided all the persons, groups and entities for which this was practically possible with statements of reasons – in other cases the persons, groups and entities were informed by way of a notice published in the Official Journal of the European Union; it is carrying out an overall review of the list, at least once every six months, in accordance with the procedures described above, always with due regard to any supplementary information.
The Council also decided to create a new working party – the Working Party on Common Position 931 – which is to deal with requests for inclusions on or exclusions from the list and to prepare for the Council’s regular review of the list. The mandate, practical arrangements and the working methods of this new working party are contained in a public document adopted by the Council. All those on the list to which Regulation (EC) No 2580/2001 applies are treated in the same way, as may be seen from the previous answer. The role and competences of the institutions are laid down in the Treaties. The Council takes the necessary measures required to implement the judgments of the Court of Justice in accordance with the provisions of Article 233 of the Treaty establishing the European Community. As regards Parliamentary control over its decisions, the Council always follows the procedures laid down in the Treaties.
It is important to mention that the European Parliament, in accordance with Article 308 of the Treaty establishing the European Community, was consulted when Regulation (EC) No 2580/2001 was adopted. Thank you very much for your attention.
There is no doubt that recent events in London and Glasgow, as well as on the border between Spain and Portugal plus the attack in Yemen, have confirmed that terrorism represents a considerable threat to Europe’s security and to the values of our democratic societies, particularly to the rights and freedoms of European citizens.
We are in no doubt that Member States must therefore continue to cooperate on strengthening and implementing counter-terrorism measures, while always respecting human rights and fundamental freedoms, which are core values in our societies and their protection and promotion will help prevent terrorism.
Terrorism must be fought at both national and international levels. International cooperation is an essential tool for an effective fight against this scourge, at both national and multilateral levels. We know that terrorism represents a global threat and therefore needs a global concerted response, which will necessarily include increasing the flow and exchange of information, internal coordination of positions, coordination/partnerships with third countries, the implementation of a global counter-terrorism strategy with the United Nations playing a leading role, and close collaboration with various regional and international organisations involved in combating terrorism.
Action by the European Union has intensified since 11 September 2001 and, subsequently, since the dreadful attacks in Madrid in 2004 and in London in 2005. In December 2005 the Council adopted the EU Counter-Terrorism Strategy, under which the Union commits itself to combat terrorism globally while respecting human rights, allowing its citizens to live in an area of freedom, security and justice.
The EU Counter-Terrorism Strategy covers four strands of work: prevention, protection, pursuit and response. The Presidency confirms that the Council does in fact carry out a six-monthly review of the situation as regards implementation of the EU Counter-Terrorism Strategy and of the strategy against terrorist financing and an annual evaluation of the implementation of the Strategy for Combating Radicalisation and Recruitment to Terrorism. The Council also reviews the Action Plan to Combat Terrorism every six months and the Action Plan on Radicalisation and Recruitment on an annual basis. This monitoring process enables the Council to pinpoint which of the measures proposed at EU level have not been adopted, or have not been duly implemented at Member State level. It also gives the Council an opportunity to take certain policies further. For example, the Presidency decided to speed up work in the field of explosives.
The adoption of certain measures in the field of police and judicial cooperation in criminal matters has been slowed down by the need for unanimous decision-making in this field. The adoption and implementation of counter-terrorism measures will be speeded up by the ratification of the Treaty to be approved by the Intergovernmental Conference, on the basis of the mandate adopted by the European Council at its last meeting in June.
As regards the need for closer cooperation between the law enforcement and security information services, Member State security services are currently working in close and very efficient collaboration within the Counter-Terrorism Group. Europol has developed very effective analysis files that are increasingly supplied with information by Member State law enforcement services. There is no doubt that more needs to be done. The European Parliament maintains a close direct political dialogue with the Council and the Commission."@en1
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