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Europaudvalget 2004-05 (1. samling)
Det Europæiske Råd 16-17/12-04 Bilag 8
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Det Europæiske Råd 16-17/12-04 - Bilag 8

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journalnu=r

400.C2-0

15. december 2004

Girokonto 300-1806

Bilag

EUK

n underretning for Folketingets

Europaudvalg vedlægges i forbindelse

med Det Europælske Råd i Bruxelles den

16.-17. december 2004 EUs

handlingsplan for terrorbekæmpelse,

16090/04.

COUNCIL OF

Brussels, 14 December 2004

TRE EUROPEAN UNION

16090104

LIMITE

JAI 567

ECOFIN 425

TRANS 393

RELEX 656

ECO 203

PESC 1165

COTER 92

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COSDP 820

PROCIV 183

ENER 271

ATO 157

NOTE

from:

to :

Subject

Presidency

European Council

EU Plan of Action on Combating Terrorism - Update

I. Introduction

The European Council welcomed in its meeting on 17 and 18 June the Action

Plan on. Terrorism

and urged flie institutions and Member States to fulfil outstanding

commitments within the

deadlines established. lt stated that it would review the Action Plan

twice a year, beginning at its

December 2004 meeting.

This docuinent presents this first review, drafted by the Presidency in

close cooperation with. the

Counter Terrorisin Coordinator and the Comniission. It consists of three

parts: this Cover note, an

updated matrix, containing all the actions of the Action Plan and an

annex showing an overview of

die implenientation by Meraber States of EU-legislation in the fight

agaiiist terrorism as well as

ratification of the relevant UN-Conventions.

The European Couricil Declaration of 25 March 2004 set out the following

seven strategic objectives

for the EU's Action Plan against terrorisme

I . To deepen the international consensus and enhance international

efforts to combat terrorisme

2. To reduce the access of terrorists to financial and economic

resources;

3. To maximise the capacity within EU bodies and Member States to

detect, investigate and

prosecute terrorists and to prevent terrorist attacks;

4. To protect the security of international transport and ensure

effective systems of border

control;

5. To enhance the capability of the European Union and of mernber

States to deal with. the

consequences of a terrorist attack,-

6. To address the factors which contribute to support for, and

recruitment. into, terrorisme

7. To target actions under EU external relations towards priority

Third Countries where

counter-terrorist. capacity or commitment to conibating terrorism

needs to be enhanced.

About 150 actions were attached to these strategic objectives.

them were accompanied by

Many of

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spec ied deadlines. Other actions are of an on-going nature or specifled

in more general terms ('as

soon as possible' or 'without delay'). Action should be undertaken by

different EU-bodies (Council,

Commission) or by Mernber States. The Matrix, attached to this review of

the Action Plan, shows

the progress for every specifled action.- This Cover note reports in more

general terrns on the work

carried out during the Netherlands Presidency of the Council.

11. PrQgrm repgrt

Progress has been achieved on all objectives. The annex shows more in

detail the state of play. The

Hague Programme on strerigthening freedorn, security and justice in the

European Union, endorsed

by the European Council of 5 November, is also relevant because it

empliasises the fight agairist

terronsin and introduces inter alia the principle of availability of

information, which may help to

fight cross border terrorisin. Also worth mentioning is the adoption on

22 November 2004 of the

conceptual frarnework on the ESDP dimension of the fight agamst

terrorisme

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ule Aution rian, separate

reporting to the European Council on specific topics:

integration within the Council Secretariat of an intelligence

capacity,

a colierent overall approach for further strengthening of the fight

agaiiist terrorist financing,

preventing and coping with the consequences of a terrorist attack,

enhancing cooperation on civil

protection and the protection of critical infrastructures

integrating the fight against terrorisin into EU external relations

policy.

Although the progress per action is mentioned in the annex, a more

general overview on

achievernents regarding the strategic objectives is provided below.

Deepen the international Konsensus and enhance international efforts to

combat terrorist

In line with its support to effective multilateralisni, the EU and its

Meniber States have given high

priority to supporting the key role of the United Nations in the fight

against terrorisni. EU-internal

activities focus on the ratification and/or implementation of the counter

terrorism related UNSC

resolutions and LTN conventions. On the whole, most EU Member states

have signed, ratifled and

implemented the relevant UN instruments. There remains, however, a few

gaps and it is important

for the EU's credibility and efficiency that they be closed quickly.

In its dialogue with third. countries the EU continued to raise the

importance of adhering to and

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effectively implementing the various UN anti-terrorism instruments. The

EU continued to provide

assistance to those countries that are willing to implement their UN

obligations, but lack the

capabilities to do so. The EU worked closely with a number of EU

external partners, as well as

regional and sub-regional organisations and in the context of the Euromed

dialogue to ensure a

coordinated approach in the fight agaiiist terrorisin. The EU continued

to give high priority to

cooperation with the US, which was intensifled in accordance with the

2004 EU-US Declaration on

Combating Terrorism, in particular in the fleld of countering terrorist

finaricing through the first ad

hoc: informal EU-US troika. on the prevention of terrorist financing

which included all three pillars.

At the EU-US ininisterial JHA meetings on counter terrorism more specific

issues were diseussed

such as the sharing of information, data protection. and co-operation

between the US and Europol and

Eurojust.

Reduce the access øf terrorists to financial and other econornic

resources

On overall strategy agaiiist financing of terrorism has been drafted on

the basis of proposals by the

SG/HR and the Coniniission as well as the outcorne of serninars in this

field organised by the Dutch

Presidency on. the prevention of the financing of terrorism.

With a view to improving the traceability and transparericy of movement

of funds by terrorists, the

Council agreed on. a general approach on a proposal for a Directive aimed

at preventing of the use of

the financial system for the purpose of money laundering or terrorist

financing. This proposal

extends the scope of reporting obligations also to transactions which

could be related to terrorist

financing. Furthermore, the moving of funds for terrorist financing via

individuals who carry cash

has been addressed through a Commission proposal for a regulation on

controls of cash entering or

leaving the Community. Political agreernent has been. reached on this

regulation.

The Presidency has presented a EU Best Practices paper on effective

implementation of restrictive

ineasures targeting terrorist persons, groups or entities.

The recommendations in the paper aiin to enhance the implernentation of

financial sanctions against

terrorist organisations in order to increase the effectiveness of its

sanctions regimes. The EU also

ernbarked on. a process to identify the possibility of a coordinated

approach reducing the

vulnerabilities of the non-profit sector with a view to Increasing

transparency. The Commission held

a workshop with public and private sector stakeholders to help take this

work forward and

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announced its intention to prepare a report on a EU action programine

regarding this issue as soon as

possible.

Maximise the @apacity within EU bodjes and Member States to detect,

investigate and

prosecute terrorists and to prevent terrorist attacks

A broad legislative frarnework for combating terrorism has been

developed. Progress in the

implementation by Mernber States of different legislative decisions has

taken place, as can be seen in

the annex. Other legislative proposals regarding e.g. enhanced exchange

of information between

Mernber States are under discussion. The capacity of Europol, Eurojust

and Police Chiefs Task Force

to contribute to the fight agairist terrorisin has been improved.

Operational co-operation and

information exchange has been improved in a nurnber of ways.

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an. extensive peer evaluation of the anti-terrorism systems in the 15 old

Member States has been

accepted by the Council. The role of SitCen was enhanced to provide more

strategie assessments

.outside and within the European Union. The secure information system

between services of all the,

Member Stales (BI)L) is now in place and functioning. Work on SIS is

progressing.

Measures have been taken to facilitate the exchange of information from

judicial registers. Progress

has been made on. the European Evidence Warrant. Discussions have

started on proposals regarding

the retention of telecommunications data and the exchange of information

between law enforcement

agencies.

Proteet the security øf international transport and ensure effeetive

systems øf border Control

The Regulation establishing the European Border Agency has been. adopted

allowing for the launch

of its activities by the I't of May 2005.

The Council has agreed to introduce biometric features in passports:

mandatory inclusion of a facial

image and two fingerprints within 18 resp. 36 months after the adoption

of the Regulation.

Furthermore, work on the technical, specifications for the incorporation

of biometrics in visas and

residence permits has been. taken forward in order for the swift adoption

of these measures. Member

States have agreed to exchange information on. lost and stolen passports

with. Interpol.

Enhauce the capability øf the European Union and øf Member States to deal

with the

consequences of a terrorist attack

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The Council adopted conclusions on, strengthening the civil protection

capacity in the framework of

the Civil Protection Mechanism, also with regard. to terrorism. Together

with the Comn-iission, the

Council also adopted a Solidarity programme on the consequences of

terrorist threats and attacks,

that aims at improving the protection of critical infrastructures, the

preparedness of consequence-

management resources and the management of crises with, cross-border

effects within the EU.

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preparedness and response to terrorist attacks, also encompassing

critical infrastructures, in reaction

to which Council conclusions have bee

n adopted. Finally, the

Cominission updated its database of

civil protection ineans and experts and made a first report on the

capabilities that the Member States

are willing to inake availablé to each other in case of a terrorist

attack.

To address the factors which contribute to support for, and recruitment

into, terrorisme

In the third pillar context, it was recognised that countering

radicalisation and recruitment needs a

joint strategy of police and security services. To that end experts from

the Counter Terrorist Group

(CTG) and Police Chiefs Task Force met for the first time. As a result a

comprehensive approach to

radicalisation and recruitinent for police and security services'

activities was described. On the

Member State level, recommendations were made to better structure the

process of intelligence

gathering. As far as cross-border EU co~operation is concemed, the

importance of further work on

the subject of Europol and the CTG was announced. Future presidencies

are committed to flirther

develop the couriter-strategies.

The topic of recruitnient has been inainstreained in EU's external

relations under the Dutch

Presidency. An analysis on recruitment-processes will become a fixed

part of EU threat assessinents

on priority countries and regions. In its political dialogue with

several third countries where

recruitinent is an issue, the EU signalled the need to enhance

information exchanges on recruitinent

process. Also, awareness has been raised on how EU's external assistance

programmes

(Cominission and Member States) can address factors that contribute to

recruitnient to terrorisni. A

cross-pillar report on recruitinent and radicalisation both within and

outside the EU has been

finalised and forins an important building block for the Jong-term.

strategy on recruitment.

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To target actions under EU external relations towards priority Third

Countries where

counter-terrorist capacity or commitment to combating terrorism. fleeds

to be enhanced.

The EU has launched several initiatives to ensure that its external

policy instruments are better used

in the fight against terrorisin. The role of SitCen was, enhanced to

enable working groups to focus on

the developnient of policy. Tailor made messages on counter terrorisin

for political dialogue were

drawn up and the EU stepped up its efforts to provide counter terrorisin

technical assistance to third

countries . These efforts have been especially targeted to a first group

of priority countries.

i ugC:Liler WIL11 r-u 5 @-uumer i CITOI-18M k-00rUMaLur and ine

Kommission the Dutch Presidency

launched consultations with these countries on how to intensify counter

terrorism cooperation on

three fronts: (1) political dialogue (2) information exchange and (3)

technical assistance. At the

same time, in order to ensure effective future action in these priority

countries, EU Mernber States

and the Commission have agreed. to enhance information exchange on

existing counter terrorisra

related. technical assistance programmes in these countries. Special

attention has been paid to

political dialogue with selected third countries and regional

organisations on terrorist financing.

EU Plan of Action on Cørnbating Terrorism

imcVISud ACHun jrlan un

jLerrørism

No.

Deadlines

Measure/Action

status/Observations

Competent Body

Objective 1: To deepen the international consensus and

enhance

international efforts to combat

terrorisme

1.1

Ongoing

Support the key role of the

Ongoing discussion within the

United Nations in

Council on possibilifles for

sustaining the international

improving co-ordination

Konsensus and mobilizing

mechanisins between the EU and

the international

the UN.

PresidencyMR and EU

Coordinator/

Commission

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community as a whole, in

Coordination with the Working

particular the General

Group established under UNSCR

Assenibly and the work of

1566 should be also considered.

the Security Council, inter

alia, through its Counter-

The SGIHR in association with the

Terrorisni Committee and

Presidency suggests concrete steps

the Taliban/Al Queda

to enhance cooperation inter alia

Sanctions Committee, as

with the UN and other international,

well as the Terrorisni

regional and sub-regional

Prevention Branch of the

organisations in the document on

UN Office of Drugs and

Integrating the fight agairist

Crime

terrorisin into EU external relations

policy, subinitted to the European

Council of December 2004.

1.1.1

Establish and develop

COTERIPSC

Ongoing

The EU Coordinator met the

contacts between the CFSP

Presidency, Co-

ordinator,

Executive Director of the

Counter-

Working Group on

Commission, MS

Terrorism Executive Directorate

Terrofisni and the Counter-

(CTED) in November. The

Tenrorism Committee

Executive Director of CTED also

addressed COTER.

Further contacts

will now be pursued with the focus

on enhancing the efficiency of the

relationships.

1.1.2

Establish and develop

COTERIPSC Presjdency/

Ongoing

The head of the 1267 monitoring

contaets between the CFSP

EU Coordinator/

group participated in the seminar on

Working GTOUP on

CommissioriMS

terrorism financing in Brussels in

Terrorisin and the 1267

September. Contacts contimie in

Committee

New York

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I.I.3

End 2005

Share information on EU

Discussed with the Executive

priority couritries, as

Director of CTED in November

appropriate, with the relevant

200.4. While actively supporting the

Committees and/or their

UN and its CTED, COTER will

structures for assisting in the

continue to address the effective

implementation of

way forward for an increased

commitments under UN

interaction between the EU and the

Security Council Resolutions

UN in the fight agaiiist terrorism.

1267 and 1373

COTER agreed to invite regularly

the Executive Director of the UN

CTED for an exchange of views.

I. 1.4

ldenfify ways to work in a

Ongoing

(i). The EU Coordinator met

more coordinated way with

UNODC Legal Advisor in July. An

LINODC including

exchange of views between COTER

consideration of the signing

and LNODC took place in

of a Memorandum of

September. UNODC is providing a

Understanding between the

matrix on its technical assistance

UNODC and the Elf

programmes. Further contacts

should be pursued.

(ii) MS should inform the

Commission, the Couricil and other

MS of any support they are

Providing to UNODC projects

1.2

Work to ensure universal

Ongoing

The EU has raised the issue of

adherence to, and full

universal adlierence to, and full

implenientation of, existing

implernentation of, the LIN'

United Nations

Coriventions and Protocols on

Cnnvention.,; an Terrorism.

T@-rrnri-,@rn in the nnlitir2] dilinaiip.

EU Coordinator/MSI

Commission

Council/MS/

Commission

All

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Comprehensive UN

international, regional and sub-

Convention ou terrorism

regional organisations and wiIl

and on the UN Convention

continue to do so.

on Suppression of Acts of

Nuelear Terroristn

1.2.1

All Mernber States to ratify

I Jan 2005

Not all Mernber States yet have a

12 International Conventions

full record on

against Terrorism and

ratification/implernentation.

continue to lobby for this in

third countries both

bilaterafly and at EU level

1.2.2

ldentify and demarche, on

Council/HR/

Ongoing

COTER to continue identify target

the basis of agreed mandates,

EU Coordinator

and

countries

Third Countries which are

Commission

failing to meet their

commitments under UNSCR

1373

1.2.3

Coordinated EU position on

COLTNCIL/MS/

Ongoing

This issue is regularly discussed in

reservations to Conventions

Commission

COTER and COJUR. Presidency

should be encouraged

made dernarches expressing the

EU's concern about reservations to

Conventions.

1.2.4

Promote the adoption in the

6fl'

Ongoing

York.

UN of an International

UNGÅ

undertaken

Convention on the

dernaTches to a number of thiTd

Suppression of Acts of

countries to build consensus and

Nuclear Terrorism

committed support for agreeing an

International Convention on the

Suppression of Acts of Nuclear

Terrorism arnongst the Mernbers of

the UN.

MS at UNGÅ and the

Discussions ongoing in New

Committee of the

Tbe Presidency has

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1.2.5

6th

rernains

UNGA

issue of

Promote the adoption of

Ongoing

Cornprehensive UN

MS at UNGA and the

Progress on this draft

Committee of the

blocked at the UN on the

Convention against

the scope of the Convention. The

Terrorism

EU should agtee a coordinated

strategy aimed at reaching

agreement.

1.3

Gngoing

Work with and within

regional and international

organisations to ensure

their effective contribution

to combating terrorism in

accordance with UN

obligations

1.3.1

Ongoing

Support the Council of

MSIEU Coordinator/

CODEXTER has started discussing

Europe's work on combating

Commission

an instrument on the prevention of

terrorism and in particulaT

acts of terrorism that provides, inter

support the CoE Committee

alia, for a critninalisation of public

of Experts on Terrorism

provocation to commit acts of

(CODEXTER) in their work

terrorisin and of recruitment and

on formulating an instrument

training of terrorists. It is expected

dealing with the prevention

that CODEXTER will complete its

of terrorism and covering

work on the draft instrument by mid

existing lacunae in

March 2005.

international law

1.3.2

Identify avenues for expert

COTERIPSC

Ongoing

The EU has developed its contacts

exchanges between the CFSP

with a number of regional and sub-

Working Group and

regional organisations, notably

Regional and Sub-Regional

OSCE, ASEAN, AU and OAS. The

Organisations

EU is considering the issue of

providing support to CT iniflatives

All

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OfTegional organisations (such as

the JCLEC and the AU centre for

the Study and Research on

TerroTism) as possible fora for

information exchange and

cooperation.

1.3.3

Develop further Technical

Ongoing

(i) Council, Commission and

Assistance projects aimed at

Mernber States to develop proposals

Counter-Terron'sm capacity

for assistance to such organisations

Sub-Regional Organisations

i@@id-i-n~g -to the maximum extent

possible

1.3.4

Ongoing

Ratify the LN-Convention

All Mernber States have signed the

against Transnational

Convention, 17 Mernber States have

organised crime and

ratified it. The European

Protocols thereto and lobby

Community has signed and

for this in third countries

approved it.

hoth bilaterally and at the EU

All Member States and the

level

European Community have signed

the Protocol on Trafficking in

Persons, Especially Women and

Children, 13 Mernber States have

ratified it

All Mernber States and the

European Community have signed

the Protocol against the Smuggling

of Migrants, I 2 Meniber States have

ratified it.

MS/Council

Commission/MS/Couneil

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18 Member States and the European

Community have signed the

Protocol on Firearms, 6 Mernber

States have ratified it.

1.4

Strengthening further

Ongoing

Outstanding elements of the 2001

cooperation with the US

Coordinator/Cominission

Action to Conibat

and other parties in

Terrorisni are included in this

countering the threat posed

Action Plan

by terrorisin, bullding on

the solidarity and

cooperation enshrined in

the 2001 Plan of Action to

conibat terrorism

1.4.1

Enhance counter terrorism

Ongoing

An EU -US Declaration on

dialogue at political and

Combating Terrorisni was adopted

official level with the US

at the June Summit. An informal

EU-US ad-hoc Troika meeting on

terrorist financing took place in

September.

COTER Troika held

Ministerial

Plan of

All

with the US in October.

Troika with Secretary Ridge of

Horneland Security on 18109104and

meeting of Ministers of Justice and

Home Affairs with Attorney

General Ashcroft on 29/09/04.

The EU Coordinator and the

Commission also met with key US

administration personnel.

The second meeting of the High

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Level Policy Dialogue on Border

and Transport Security with the US

held in November.

Implernent decisions

COTER Troika criteria review

following the review of

completed in June.

COTER Troika criteria

The SG/HR docurnent on

integrating the fight agaiiist

terrorisin into EU extemal relations

policy ideritifies additional concrete

steps to enhance effectiveness of

troika dialogues.

No.

Deadline

Measure/Action

Status/Observations

Competent Body

1.4.2

Ongoing

COTER/PSC

Objective 2: To reduce the access of terrorists to financial

and

other economic

resources

Ensure the effectiveness of

RELEX (in sanction

The new cornprehensive strategy

EU asset freezing

form)/COTER/Commission/EU

on cornbat against financing of

procedures, ineluding the

Coordinator

terrorism (1418014/04) proposed

non-financial economic

by the SGIHR and the Commission

resources, in accordance

puts forward proposals in this

with UN obligations and

regard.

the need to respect due

Ongoing

process and the rule øf law

See below

Mechanisms for

designation of terrorists

and asset fretzing should

be kept under constant

2.1

Ongoing

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review with a view to

improving their

effectiveness

2.1.1

Ratification and ful]

I January 2005

Action also under Objective 1.2. I.

implernentation of the 1999

Encouragernent needs to be

LTN Convention for the

provided to the two MS who have

Suppression of the

not yet ratified the 1999 UN

Financing of Terrorisrn and

Convention for the Suppression of

to give increased effect to

the Financing of Terrorism

the provisions of UNSCR

1373 directed to the freezing

of assets

2.2

Establish operational links

and improve cooperation

between relevant bodles to

facifitate enhanced

exchange of information

on terrorist fi

2.2.1

Establish specific

HR/SitCen

September

Achieved

intelligence capacity in

2004

relation to terrorist financing

within SitCen to inform the

work of relevant bodies

2.2.2

Increase cooperation

MS/EU Coordinatorl

Ongoing

The Commission proposal for a

between national competent

Private Sector

Council Decision on the exchange

authorities, Financial

of information and cooperation

Intelligence Units and

concerning terrorist offences

private fmancial institutions

extends to information exchange

to facilitate improved

on all terrorist offences,

exchange of information on

convictions and disqualifications,

terrorist financing

including those connected with the

fmancing of terrorist acts.

Among

other things it proposes that MS

must designate a specialised

service within the Police

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responsible for collection and

dissernination of all relevant

End 2005

information. (8200104)

Mernber States shall ensure the ful]

implernentation of the Council

Decision of 17 October 2000

concerning arrangements for

cooperation between financial

intelligence units of the Mernber

States in respect of exchanging

information

The FIU-NET project, co-financed

establish a fully operational

computer network linking all MS

Financial Intelligence Units (FlUs)

for the processing and exchange of

financial information, including

intelligence suspected to be

assóciated with terror financing.

Currently 16 MS have adhered.

According to the strategy against

terrorist financing, all MS should

be fWly funetioning mernbers of

FrU.NET by end 2005

2.2.3

Establish an electTonic list of

Commission/Private

Sector

Progress to be

In June 2004, the European

persons, groups and entifles

reported on by

Commission, in partnership with

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in relation to which

end 2004

the four European Credit Sector

restrictive measures apply

Federaflons have established an

electronic database containing all

relevant data concerning persons,

groups and entities, subject to

European Union financial

sanetions

2.3

Develop and implernent an

December 2004

Strategy to be adopted by

EU strategy on the

and June 2005

European Council on 17

suppression of terrorist

December. First report on

financing, including the

implernentation due by June 2005.

regulation of charitable

organisations and

alternative remiftance

systenis

Tools for improving

traceability and

transparency of the

movernent of funds by

terrorists, terrorist

organisations and those

wbo finance terrorism,

especially with respect to

transactions through the

informal banking seetor

and via non-profit

organisations should be

developed

2.3.1

Identification of measures to

Ongoing

Partly achieved during Irish

improve effectiveness and

Presidency; continued by the

effjejency øf the mechanisin

Netherlands Presidency. Further

set up to freeze the assets of

revisions fikely to be adopted

terrorists and terrorist

before the end of 2004.

organisations and to

Effectiveness of the mechanism

identify the holders and true

and of implernentation at national

beneficiaries of bank

level will continue to be kept under

Council/Commission/

EU Coordinator

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accounts, irrespective of

review. The recorrunendations

their place of residence

contained in the best practices

paper being developed in the

Proposal for a Third Money

Foreign Relations CouDsellors

Laundering Directive, which

Grouplu concerning national rules

addresses terrorist financing,

and procedures for implernenting

requires MS to ensure that

asset freezing measures will be

credit and financial

relevant in this context and should

institutions are able to

continue to be kept under review in

respond fully and rapiffly to

the Group

enquiries from national

Financial Intelligence Units

22 April Commission

or other authorities about

Communication, on Organised

any business relationship

Financial Crime addressed

such institutions have or

transparency issues

have had with a specifik

person

The Frarnework Decision on the

Execution of Orders Freezing

Property and Evidence includes

terrorist offences within its scope.

measures by establishing the

principle of mutual recognition of

freezing orders which, must be

recognised and enforced directly

by the competerit judicial

authorities of the MS.

Proposal for a Regulation on

Agreement on a general approach

controls of cash entering or

to the draft 3rd Money Laundering

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leaving the Community is

Directive reached on 7 December

currently under discussion

2005

in the Council.

The Draft FrarnewoTk Decision on

the Execution of Confiscation

Orders includes acts of terrorisin

within its scope.

Political agreement on the draft

cash controls regulation Teached on.

16 November 2004

2.3.2

Ongoing

Review capacity of EU

Effective fireezing action will

institutions and legal

require frorn all Mernber States

instruments to respond to

efforts to prepare designations that

the problem of aliases/firont

are based on solid intelligence and

organisations and apply

information from competent

sarictions agajnst Jeaders of

authorities which comply with the

terrorist organisations

eriteria the EU uses for fireezing,

drawing on the enhanced

information sharing recorrimended

above, while respecting legal

safeguards.

There should be

Council

greater flocus on front

organisations, non-profit

organisations and indMduals as

well as on problems reladrig to the

re-narning of organisations.

Council, together with the

The

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Corninission, will examine

whether the legal frarnework can

be strengthened with regard to

these issues.

2.3.3

Considering improvements

Couricil/Corninission

Ongoing

on regulation and

(i) Conimission examining scope

transparency of ]egal entities,

for measures to prevent terrorist

including charities, which

groups infiltrating Jegitirriate

rnay be used by terrorists to

activities and the question of the

acquire funding for their

need for a legal instrument to set

activrities

up a system for registering bank

accounts. . [Sce Commission

Communication on measures to be

taken to cornbat terrorismi and

other forms of serious crime, in

End 2005

information.

particular to impTove exchanges of

COM (2004) 221)1

(ii) With a view to the full

implernentation of Special

Reconimendation VIII of the

FATF, and as a follow up to the

conclusions of the combined

ECOFINIJHA Council of October

2001, the Cominission is invited to

assess the need for measures at the

EU level, in addition to those taken

at national level, in particular with

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regard to the transparency of legal

entities in the non-profit sector

with a view to reducing the

vulnerabilities of this sector to

. -11-.

I --- - ."- - -

Council by the end of 2005

(iii) Revjew of MS non-profit

sectors currently underway in

Financial Action Task Force

Working Group.

The Union is

All

closely follow .ng this work.

2.4

Cooperate closely with the

Finandal Action Task

Forte (FATIF) on all issues

regarding the financing of

terrodsm and ensure tliat

the EU frarnework is

adapted to tlie nine special

recommendations on

terrorist rinancing

2.4.1

All Member States to

July 2005

FATF Special Recommendation 1:

implement the FATF 9

Ratify and implement UN

special recom,mendations on

instruments - all MS committed to

terrorist financing

ratify, and 23 MS have so far

ratifled the UN Convention for the

Suppression of the Financing of

Terrorisni, which came into force

in April 2002.

At EU level, all

Security Council Resolutions

concerning the freezing of assets

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of identified persons and entities

have been implemented

2.4.2

Review EU and terrorist

December 2005

ø) FATF Special Recommendation

financing legislation and

VI requires States to ensure that

structures in parficular on

alternative remittance systems are

their compatibility with

ficensed. or registered and that they

FA'IT standards.

are subject to the same FATF

recommendations as apply to

banks.

The FATF Working Group

COUNCIUMS/

EU Coordinator

on Terrorist Financing is leading a

projeet to establish an early

warning system to promote

information exchange andjoint

action to disrupt illegal

international funds transfers

(ii) Commission Communication

on a New Legal Franiework for

Payments in the Internal Market,

favours integrating Special

Recommendations VI on

alternative rernittance and VII on

wire tansfers into Community

law. nis would help ensure a

level EU playing field in the

approach to these

Recommendations which both deal

w" payments issues.

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(iii) Special Recommendation IV:

Reporting suspicious transactions

related to terrorisni - The Third

Money Laundering Directive will

oblige banks and other persons

subject to the Directive, to report

transactions suspected. to be linked

to terrorist financing.

Agreement

on a general approach to the draft

direetive reached by the Council

on 7 December 2004.

(iv) Special Recommendation V:

International cooperation in the

fight against terrorist financing - at

EU level this is ensured through a

virectives including those on

mutual recognition and the Council

Decision on the exchange of

information among Financial

Intelligence Units

(v) Special recommendation IX:

cash couriers.

The implernentation

of SR IX at EU level is already

partly assured by the existing

Customs Code and will be

completed once the proposal for a

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regulation on controls of cash

entering or leaving the Community

Customs terdtory is adopted by the

Council and the Parflarnent

(political agreement reached by the

Couricil in November 2004)

The Council will consider, in

consultation with the Commission,

the possibility of commissjoning

an independent scrutiny of the

EU's effom in the fight against

terrorist financing and how the

current strategyL@ffil enhance those

efforts, in relation to the 9 FATF

special recommendations on

terrorist financing

Relex/Sanction Formation

Agreed on best practices document

for implementation of sanctions

reRarding terrorist financing

2.4.3

Initiate outreach

Commence by

The Commission Communication

programmes to EU financial

September

of 29 March calls for the need to

private sector to Coordinate

2004

bring in measures to improve

procedures to combat

transparency of bodies corporate in

terrorist financing

ordet to counter the infiltration of

the legitimate sector by terrorist

organisation .

Council/Commission

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2.5

Ongoing

Pursue political and

Measures to combat terrorisme

technical dialogue with

including the financing of

Third Countries@ in order

terrorisme already play a

to step up the fight agalust

priority role in EU relations with

the financing of terrorist

Third Countries and EU

technical assistance

programnies.