Member states told to do more to combat terrorism

A European Commission report on Tuesday (6 November) will criticise member states for not fully implementing EU legislation aimed at combating terrorism.

The legislation, which was agreed after the 11 September 2001 terrorist attacks on the US, sets down minimum penalties for terrorist offences and foresees better co-operation between member states’ police and judicial bodies. But more than five years since the measures were agreed, the Commission will highlight major gaps in its implementation.

The report is one of five measures aimed at strengthening counter-terrorism in the EU that Franco Frattini, the European commissioner for justice, freedom and security, will publish next week.

Other measures include a proposed amendment to the 2002 counter-terrorism legislation that will criminalise using the internet for terrorism purposes, such as posting information on bomb-making or incitement to commit terrorist attacks.

A plan to increase the security of explosives held in the EU would involve setting up a database at Europol to track the storage and use of explosives and an early warning system to alert member states if any are stolen.

Frattini will also propose that member states set up a system of collecting information on airline passengers flying into the EU and, when needed, exchanging the information with other member states.

Frattini has insisted that his measures are targeted responses to the terrorism threat. "Member states hold the primary responsibility for security matters. The EU adds value by supporting them," he told a conference earlier this month.

But some member states are understood to be questioning the need for the collection of airline passenger data and are concerned about the cost implications.

Civil liberties groups are also concerned about the collection and storage of data and the data protection issues which arise. Some MEPs have accused the Commission of copying poor US practice which they believe infringes civil liberties. They have voiced their opposition to an agreement with the US which allows the collection of European airline passengers data. "We do not even know what purpose the PNR [passenger name records] agreement with the United States serves. We do not know how many terrorists were caught, how many attacks were prevented and how many false positives there have been," Sophie in ’t Veld, a Dutch Liberal MEP, told Parliament during a recent debate.

Mark Rhinard of the Swedish Institute of International Affairs said that member states’ tardiness in responding to EU initiatives on counter-terrorism reflected differences across the EU. "There are so many different legal systems, so many different police systems that they are far from agreeing a common approach," he said.

Rhinard added that much co-operation and exchange of intelligence was going on at certain levels between member states but new laws would not necessarily enhance this. "All these things are built on a certain degree of trust and this can’t be guaranteed through rules and regulations," he said.

A European Commission report on Tuesday (6 November) will criticise member states for not fully implementing EU legislation aimed at combating terrorism.

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