EU reviews and reinforces measures against terrorism following the Madrid bombings, March 2004

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Series Details 29.3.04
Publication Date 29/03/2004
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On 25 March, at the European Council in Brussels, EU leaders agreed a raft of measures intended to strengthen the Union's ability to combat terrorism. A wide-ranging Declaration on combating terrorism pledged both the Union and its Member States to 'do everything within their power to combat all forms of terrorism.'

A further Declaration on solidarity against terrorism read:

'We, the Heads of State or Government of the Member States of the European Union, and of the States acceding to the Union on 1 May, have declared our firm intention as follows:

In the spirit of the solidarity clause laid down in Article 42 of the draft Treaty establishing a Constitution for Europe, the Member States and the acceding States shall accordingly act jointly in a spirit of solidarity if one of them is the victim of a terrorist attack. They shall mobilise all the instruments at their disposal, including military resources to:

  • prevent the terrorist threat in the territory of one of them;
  • protect democratic institutions and the civilian population from any terrorist attack;
  • assist a Member State or an acceding State in its territory at the request of its political authorities in the event of a terrorist attack.

It shall be for each Member State or acceding State to the Union to choose the most appropriate means to comply with this solidarity commitment towards the affected State.'

The European Council also endorsed a European Parliament proposal that 11 March should henceforth be designated as a European Day to commemorate the victims of terrorism.

Background

The issue of terrorism took precedence on the agenda of the Brussels Summit following the terrorist attacks in Madrid on 11 March. The attacks - in which some 200 people died and 1,800 were injured - provided a grim reminder that initiatives agreed in the wake of the September 2001 attacks in New York have in many cases not been implemented.

On 21 September 2001, a special meeting of the European Council approved an Action Plan to combat terrorism. As the Financial Times put it: 'Four days before the Madrid bombings, a small committee working for Javier Solana, the EU's foreign policy chief, submitted a report spelling out what measures the member states had taken to combat terrorism since September 11 2001. Despite all the promises about improving co-operation and joint action, the member states have fallen behind in both implementation of agreed measures and subsequent co-ordination' (see: Sunday's surprise ...).

New legislation or EU bodies were ruled out by the European Commission in an Action Paper adopted on 16 March in response to the Madrid attacks. In it, the Commission argued that 'most of the legislative and institutional framework is proposed or in place and simply needs to be approved and/or implemented on the ground' and that priority should therefore be given to coordinating relevant initiatives. The Paper proposed that the Union should take a number of steps in response to the Lisbon bombs:

  • issue a Declaration of solidarity
  • stress the need to implement existing legislation and to adopt measures already in the pipeline
  • strengthen the fight against terrorist financing
  • enhance operational coordination and cooperation
  • take appropriate external actions

(At the 16 March meeting the Commission also adopted a paper on the European Security Strategy, which was approved by the European Council on 12 December 2003 and which identified terrorism as one of three key threats facing the Union - for more details see European Sources Online: In Focus: Security Doctrine adopted by the European Union, December 2003).

In preparation for the Brussels European Council on 25-26 March, the Commission identified existing legislative instruments relevant to the fight against terrorism, and draft measures already on the Council table.

Amongst the existing measures listed were:

The Commission also reported that two Member States have not yet set up national contact points for exchanging information on terrorism with Eurojust and Europol, in the context of the Council Decision setting up Eurojust with a view to reinforcing the fight against serious crime and the Council Decision on the implementation of specific measures for police and judicial cooperation to combat terrorism in accordance with Article 4 of Common Position 2001/931/CFSP.

The Commission also identified other legislative measures which are in the system, but which have yet to be adopted at EU or national level. They include the Council Framework Decision on the execution in the European Union of orders freezing property or evidence, due to be implemented by August 2005, Regulation 2320/2002 and Regulation 1486/2003 on civil aviation security, and a draft Regulation on enhancing port and ship facility security.

The Commission also urged the Justice and Home Affairs Council to adopt 'as a matter of priority' the following proposals:

Many of the items enumerated in the Commission's Action Paper were discussed by Ministers at an Extraordinary meeting of the Justice and Home Affairs Council, on 19 March. Intended 'to give a renewed impulse to the European response to the terrorist threat to our society', the meeting emphasised the need to implement existing measures and to reinforce practical cooperation, highlighting in particular the 'possibilities offered by the Police Chiefs Task Force, Europol (Europe's law enforcement agencies are reportedly 'still reluctant to share “high grade”, real-time intelligence on terrorism that can be acted upon immediately' - see BBC: The European terror challenge) and Eurojust'. Member States renewed their commitment to implementing existing initiatives and agreed a package of measures on combating terrorism, including the creation of a counter-terrorism coordinator. The BBC said that the coordinator 'is expected to work under the EU's foreign policy and security chief Javier Solana, and to be answerable to the Council of Ministers' (see: Q&A: EU 'terror tsar').

Speaking for the Irish Presidency, Ireland's Minister for Justice, Equality and Law Reform, Michael McDowell, announced that the Council had agreed a draft Declaration on Combating Terrorism which 'will result in a strong manifesto for a renewed attack on all aspects of the terrorist threat to Europe' (see: EU unites in the fight against Terrorism - McDowell).

A few days later, on 22 March, the General Affairs Council discussed the measures and agreed to forward the package to the European Council. Participants again stressed the need to implement existing measures, to reinforce practical cooperation ('with particular emphasis on the work of intelligence services'), and also highlighted the need for international cooperation.

On 25 March 2004, at the Brussels European Council, participants emphasised the need to implement existing measures to combat terrorism as a matter of urgency. In addition to the legislative measures previously identified, the meeting also instructed the Council to consider:

  • proposals for establishing rules on the retention of communications traffic data by service providers
  • exchanges of information on convictions for terrorist offences
  • cross-border hot pursuit
  • a European register on convictions and disqualifications
  • a data base on forensic material
  • simplifying the exchange of information and intelligence between law enforcement authorities of the Member States

Particular stress was placed on the need for the Council to adopt, by the end of 2004, a draft Regulation on standards for security features and biometrics in EU citizens' passports proposed less than a month before the attacks in Madrid. The European Council also called for the creation by the end of the following year of 'an integrated system for the exchange of information on stolen and lost passports' and in addition invited the Commission to draft a proposal for 'a common EU approach to the use of passengers data for border and aviation security and other law enforcement purposes' by June 2004.

The meeting also called for a long-term strategy to address all the factors which contribute to terrorism and adopted a revised list of Strategic objectives to combat terrorism, and requested the Council to complete its adoption and to report back to the European Council in June. The 'Revised Plan of Action' has the following objectives:

  • to deepen the international consensus and enhance international efforts to combat terrorism
  • to reduce the access of terrorists to financial and other economic resources
  • to maximise capacity within EU bodies and Member States to detect, investigate and prosecute terrorists and prevent terrorist attacks
  • to protect the security of international transport and ensure effective systems of border control
  • to enhance the capability of the European Union and of Member States to deal with the consequences of a terrorist attack
  • to address the factors which contribute to support for, and recruitment into, terrorism
  • to target actions under EU external relations towards priority Third Countries where counter-terrorist capacity or commitment to combating terrorism needs to be enhanced

The European Council confirmed that Javier Solana, the Secretary-General of the Council and High Representative for the Common Foreign and Security Policy, had decided to appoint Mr. Gijs de Vries to the position of Counter-Terrorism Coordinator, working within the Council Secretariat.

Leaders further agreed that future agreements on assistance programmes to Third Countries should address counter-terrorism concerns - presumably with the prospect of aid being withdrawn if a country is not thought to be taking appropriate anti-terrorism measures.

Despite continuing disagreements and concerns within the EU over the US-led war in Iraq - highlighted by Spain's incoming Spanish Prime Minister, Jose Luis Rodriguez Zapatero, who was elected in the wake of the Madrid bombings - leaders confirmed that the European Council 'will seek to further strengthen cooperation with the US and other partners' in countering terrorism.

The pressure group Statewatch was critical of the Union's response to the Madrid attacks. Spokesman Tony Bunyan said: 'Under the guise of tackling terrorism the EU is planning to bring in a swathe of measures to do with crime and the surveillance of the whole population.' According to a Statewatch “Scoreboard” on the threats to civil liberties and privacy in EU terrorism plans, many of the proposals 'have little or nothing to do with tackling terrorism - they deal with crime in general and surveillance.'

It was not only the measures proposed, but also the way in which they were agreed that concerned Statewatch: 'This method of decision-making is totally undemocratic. The Declaration [on combating terrorism] was drawn up in secret, differences were discussed in secret, and the outcome was agreed in secret' (see: Summit nods through “EU Homeland Security” package).

Further information within European Sources Online

European Sources Online: Topic Guides

Justice and Home Affairs, October 2002

European Sources Online: In Focus

29.09.01: Terrorist attack in the United States, 11 September 2001 - the implications for Europe, September 2001
24.06.03: Solana presents new EU security strategy, June 2003
27.10.03: Terrorism: The European Union Response, October 2003
22.12.03: Security Doctrine adopted by the European Union, December 2003

European Sources Online: Financial Times

12.03.04: Spain suffers worst day of terror
12.03.04: Terrorist tactics cannot triumph
13.03.04: Europe's new fight against terrorists
16.03.04: EU justice ministers to hold 'terror' meeting
16.03.04: Sunday's surprise defeat of the ruling party showed that voters' hostility to the war in Iraq had been reawakened. Some wonder whether Europe could drift away from support for fighting terror
16.03.04: US anti-terrorist strategy of force 'is not sufficient'

Further information can be seen in these external links:
(long-term access cannot be guaranteed)

EU Institutions

Irish Presidency of the Council of the EU

Press releases
  19.03.04: EU unites in the fight against Terrorism - McDowell

Council of the European Union

Extraordinary meeting of the Justice and Home Affairs Council on 19 March 2004
General Affairs Council - Brussels 22.03.2004
European Council, Brussels 25-26 March 2004
The Fight Against Terrorism

European Commission

DG Press and Communication

Memos
  12.03.04: EU Counter Terrorism efforts in JHA field [MEMO/04/59]
  18.03.04: Existing legislative instruments relevant to the fight against terrorism, and draft measures already on the Council table [MEMO/04/63]
  18.03.04: European Commission action paper in response to the terrorist attacks on Madrid [MEMO/04/65]
  18.03.04: European Commission action paper in response to the terrorist attacks on Madrid [MEMO/04/66]

DG JHA

Terrorism: The EU on the move

National governments

United Kingdom

Foreign and Commonwealth Office

The International Fight against Terrorism

Pressure and representative groups, non-governmental organisations

Statewatch

Homepage
Statewatch's “Scoreboard” on the threats to civil liberties and privacy in EU terrorism plans
Summit nods through “EU Homeland Security” package

Media organisations

BBC

12.03.04: Europe rethinks war on terror
15.03.04: Bombs shake up war on terror
16.03.04: EU calls emergency terror talks
16.03.04: EU leaders urge anti-terror plan
17.03.04: Bush urges unity against terror
19.03.04: Blunkett praises terrorism talks
19.03.04: EU to appoint anti-terror 'tsar'
19.03.04: Q&A: EU 'terror tsar'
21.03.04: European anti-terror body urged
22.03.04: EU approves anti-terror package
24.03.04: The European terror challenge
24.03.04: Storms expected at Brussels summit
25.03.04: EU agrees anti-terrorism measures
25.03.04: European press review
25.03.04: Key elements of EU terror action plan
26.03.04: EU pledges early constitution deal

Eric Davies
Researcher
Compiled: 29 March 2004

Background and reporting on the week's main stories in the European Union and the wider Europe.

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