Brussels, 12/07/2011 (Agence Europe) - Although it already has an agreement with the US, which allows the US Treasury access to Europeans' e-mails on financial matters as part of its fight against terrorism (TFTP/Swift agreement), the Commission is still expected to propose a communication on 13 July on the different ways for implementing such a system in the EU. This involves the Terrorism Finance Tracking System (TFTS).
The Council called for this work to be undertaken in 2010. The Commission has therefore performed this task and is expected to propose to member states and the EP three possible systems. This was outlined in a provisional communication. Concrete legislative proposals are not expected at this stage until 2012, explained a spokesperson for Commissioner Cecilia Malmström.
This is a rather sensitive dossier, which affects data protection and citizens' fundamental rights. The Commission will also have to do provide a convincing argument about the necessity of such an instrument. In the provisional draft, it therefore underlines the beneficial effects of the TFTP/Swift project concluded with the Americans. It also underlines the fact that out of the 1,700 notifications addressed to the EU by the US Treasury, some have, for example, links to the terrorist attacks in Madrid in 2004 and in London in 2005. The effectiveness and usefulness of these programmes have therefore been proved, writes the Commission. Nonetheless, it states that our future European system will still have to comply with the provisions in terms of data protection and fundamental rights. The same goes for the option of having to renegotiate an agreement with the US, which would be more in keeping with European practices. Nonetheless, the Commission is not yet “at this stage”, explains the spokesperson.
At this stage, it will have to, above all, list a number of questions: should the future instrument exclusively apply to terrorism or should it have a broader remit and fight all kinds of organised crime and money laundering? Should it work with a single company, in this case the Belgian financial information company, Swift, which has been involved in the programme with the US and which has a network in which it can transmit appropriate information (shareholders and account numbers, the source and destination of transfers, etc) of around 8,000 institutions (particularly banks) in more than 200 countries? Or should it work with several companies operating in the same sector? Another question focuses on what kinds of financial messaging services should be covered? International operations involving the EU27 or national operations within a single member state? The Commission is also expected to look into the kind of “messages” that require monitoring and the type of data that is likely to be analysed. It involves looking at whether the data in question should be given to European agencies that are piloting the project as a whole or whether the framework should be decentralised and at an exclusively member state level.
Whilst waiting for replies to its questions, the Commission is therefore expected to put forward three options: a centralised system with a European TFTS unit, in charge of processing raw data provided by the company or companies and applying data protection provisions. In this case, member states would be able to be involved in decision-making and launching investigations. Europol and Eurojust would also be able to play a major role in this case. Europol would be able to accommodate this well-known centralised unit.
The second option would involve this centralised unit exclusively dealing with data extraction and the redeployment of these data to member states but without having a remit for analysing or comparing data. Only member states at a national level would be able to evaluate these data in keeping with their respective national concerns and policies. The European Central level would, however, continue to deal with ensuring respect for data protection, the provisional text indicates. Finally, the last option involves the setting up of a European level platform, which would bring together all the different units for tracking the funding of terrorism in member states. Each unit would launch an investigation on behalf of its own member country. The text explains, however, that even in this case, data protection would be ensured at a central level.
The staff of Commissioner Malmström, however, explain that work is in its initial stages only and that an impact analysis, particularly on the overall cost of these measures, is expected at the end of the year. (S.P./transl.fl)