Brussels, 01/12/2004 (Agence Europe) - The JHA Council is expected to ratify the EU's revised EU counter terrorist action plan, before it is adopted by the European Council, and prepare or adopt strategies against the funding of terrorism, prevention and response to terrorist attacks. Member States are still lagging behind in implementing the post 11 September texts.
Prevention and responses to terrorist attacks: in its conclusions, the Council will give a green light to some European Commission proposals for strengthening cooperation to terrorist attacks: creation of a network for raising the alarm for critical infrastructures, the ARGUS alarm network links existing networks, the crisis centre bringing all Commission services together (EUROPE 20 October). The Council is calling on the Commission to provide details for its proposal on the police alarm network (LEN), while waiting for the proposal announced in the critical infrastructure protection programme. The Council will approve the Commission's proposal to make the 11 March a day for commemorating the victims of terrorism, with discussion on safeguarding freedom.
The Council will examine an EU solidarity programme on the consequences of the threats and terrorism attacks, prepared by the presidency. This will involve a revised version of the 2002 programme on prevention and response to terrorist attacks of a nuclear, radiological, biological or chemical nature. It is based on six objectives: strengthening the analysis and evaluation of risks, reducing the vulnerability of potential targets, reinforcing the detection and identification mechanisms of threats, improving mutual aid mechanisms, developing scientific research, strengthen international cooperation.
Funding terrorism: the Council is expected to give the green light to a report from Javier Solana for the 17 December summit. Adoption of the new directive on money laundering is a "priority". The Council intelligence cell (Sitcen),from January will play host to representatives form ministries of the interior and will prepare a report for May on the issue of funding for terrorism. Europol is expected to present a report on the same date on the links between funding terrorism and criminal activities. Member States should apply the texts that they adopt: in this respect, only three Member States have ratified the protocol of 2000 on the legal mutual aid convention (information about bank deals). All have been invited to take part in the financial intelligence unit network (FIU/NET) from 2005. Solana's report recognises that it is not easy to assess the impact of European lists on terrorists whose assets have been frozen, just as it is not easy to detect money linked to terrorism because it is not always the case that "dirty money" is involved and that the fact that terrorists appear less likely to use the banks. Terrorists do not necessarily need to shift large amount of cash: the attacks in Madrid last March would only have cost around USD 10,000. The report recommends elaborating the terrorist lists: criteria, legal basis and legal action.
Information exchange on terrorism: the Council is expected to reach an agreement on a decision on keeping Europol and Eurojust informed about investigations and procedures linked to terrorism. Information on suspect individuals and action will be sent to each Member State according to their own rules. This decision means that Member States will deal urgently with requests for mutual legal assistance in the area of terrorist crime.
Adoption an delays: According to a note, which the presidency does not intend to diffuse, there are delays for each of the texts on legal and police cooperation against terrorism after 11 September, except for the UN Conventions (the date corresponds to the date initially planned for implementation). European arrest warrant (31/12/2003): Italy is still lagging behind on this key instrument. Czech Republic, the law will not be applied until after notification to the Council of Europe. Definition and sanctions of terrorism (31/12/2002): Ireland, Cyprus, Lithuania and Malta are behind. The situation in Slovenia and Slovakia is not clear. In a June report, the Commission indicated that even countries that had adopted the framework decision had not completely applied it. Common investigation teams (01/01/2003): delays in Belgium, Luxembourg, Greece, Italy, Cyprus, Lithuania. Money laundering, confiscation of proceeds of crime (31/12/2002): delays in old Member States: Greece and Luxembourg. Poland and Estonia are applying it, most new Member States say that they are applying it but have hot sent their legislation to the Council. Eurojust (06/09/03): Spain, Greece, Italy, Luxembourg and Cyprus, which still have not provided their representative with the necessary powers. All of the them have appointed their Eurojust representatives. Cooperation against terrorism: only Slovenia has failed to appoint an anti-terrorism representative at Eurojust.
Member States, especially the old E15, are far from being ready to respect the deadlines set out by the European Council in December. The 2000 Convention on criminal legal aid, its 2001 protocol, the 2003 framework decision on freezing assets and proof, have hardly been ratified by any of them. The new Member States, apart form Estonia, have ratified the three protocols at Europol.