EU ministers agree urgent anti-terror policy

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Following the bombing attacks in London, EU ministers have agreed to speed up action to counter terrorism at a special meeting of the Justice and Home Affairs Council.

The measures likely to be the most controversial are:

  • Data retention: legislation will be agreed mandating telecoms companies to retain details of all telephone calls, e-mails and web traffic for a minimum period. An earlier proposal on this was overwhelmingly rejected by the Parliament in June 2005 (see EURACTIV 7 June 2005) and the Parliament is adamant that it must be fully involved in any new decision. Mr Clarke would not confirm this. He said that a framework decision on the substance would be hammered out in Council by the end of October. At the same time, the Commission would come forward with a proposal for a directive: it is not clear whether this would be under the first pillar of the EU Treaty, giving Parliament co-decision, or under the third pillar where Council has the final say.
  • Strategy to counter radicalisation and recruitment: Commissioner Frattini explained that the causes of terrorism must be ‘eradicated.’ So far little work has been done on this very sensitive subject and exactly what is meant and how it will be done is as yet unclear. 
  • Strengthening of the visa information system and the Schengen information system: civil rights organisations are very concerned about the amount and type of information to be kept on these databases and the question of who will have access to the data.
  • Common standards for ID cards: there are reports that ultimately the UK will push for biometric details in all ID cards (as in the current UK proposal).
  • biometrics details to be given in all visa applications as part of the strategy to strengthen external borders

Other measures, to be in place by December 2005, are:

  • framework decision on European evidence warrant;
  • a data protection policy to be developed in tandem with the retention of telecoms data;
  • further measures on exchange of information between police and judicial authorities;
  • combating terrorist financing including implementation of the 3rd money laundering directive, measures to prevent charities being used to raise terrorist funds and asset freezing powers;
  • enhancing the role of SitCen (the Council body co-ordinating intelligence and police services in the EU);
  • protection of civil infrastructure;
  • common procedures for response to and management of terrorist attacks especially if more than one member state is involved.

Commission

The Commission also gave over its weekly meeting to the problem of terrorism. Stating that terrorism was the main issue on which citizens wanted a stronger European lead, President Barroso outlined the following:

  • proposal for a directive on retention of telecoms data by September 2005;
  • Council decision on cross border police co-operation by 20 July; 
  • Communication on improving legislation on tracing, stocking and marketing explosives before the summer break.

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At a press conference on 13 July, Commission President Barroso said: "We know that the threat that has struck London can strike again. It can strike anywhere in our member states at any time. In response to this threat against our common values, the European Union will stand together ever closer and intensify our mutual support and assistance."

Work to prevent radicalisation, stressed Mr Clarke, would involve working closely with Muslim communities and religious leaders. Mr Frattini said that of extreme importance were education programmes to stop recruitment of young people to violence. 

Tony Blair has already said that in the UK, combating radicalisation may mean deporting religious leaders who advocate violence. French interior minister Mr Sarkozy has proposed for France the surveillance of all mosques.

Statewatch, the UK civil liberties organisation, has said that current proposals for data retention are "legally flawed and open to legal challenge". Statewatch Director, Tony Bunyan said that the measure "will put everyone in the EU under surveillance, be used to tackle crime in general and potentially could be used for social and political control."

Anatol Lieven, senior fellow at the New America Foundation, believes that defeating terrorism is dependent on the support of Muslims. In an article in the Financial Times, he writes: "Gaining new Muslim allies is a central part of any effective counter-terrorism strategy."

In his report on the earlier data retention proposal, MEP Alexander Alvero had serious doubts about the proportionality of the measure. He pointed out the huge costs that would be involved and the fact that if such a quantity of data were to be retained, any computer search would potentially take 50 to 100 years to complete.

The telecoms industry is strongly opposed to data retention measures. Industry body ETNO described proposed measures as 'intrusive', citing the cost implications and the lack of trust it would engender in society in information technology as a whole.

Called together on 13 July 2005 for an emergency meeting by the UK Presidency, the Council agreed to give new impetus to a wide range of measures to counter terrorism. None of the measures are new but deadlines have been brought forward. 

Presenting the agreement reached, UK Home Secretary Charles Clarke said that all ministers were determined to accelerate work. EU Justice Commissioner Franco Frattini described the discussions as very fruitful. Security, said Mr Frattini was the precondition on which all our civil liberties are based. 

  • The measures agreed are to be put in place by December 2005 at the latest.
  • A reinforced anti-terrorism action plan will be presented to the European council in December 2005.

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