Identifier
Created
Classification
Origin
05BRUSSELS2688
2005-07-14 14:13:00
UNCLASSIFIED
Embassy Brussels
Cable title:  

EU TO SPEED UP COUNTER-TERRORISM MEASURES

Tags:  PREL PTER CMGT CVIS KCRM PREF UK EUN USEU BRUSSELS 
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UNCLAS SECTION 01 OF 03 BRUSSELS 002688 

SIPDIS

DHS FOR IAO, BORDER PATROL
DOJ FOR CRM
ROME ALSO FOR INS

E.O. 12958: N/A
TAGS: PREL PTER CMGT CVIS KCRM PREF UK EUN USEU BRUSSELS
SUBJECT: EU TO SPEED UP COUNTER-TERRORISM MEASURES
AFTER LONDON ATTACKS

REF: USEU BRUSSELS 2148

SUMMARY
-------

UNCLAS SECTION 01 OF 03 BRUSSELS 002688

SIPDIS

DHS FOR IAO, BORDER PATROL
DOJ FOR CRM
ROME ALSO FOR INS

E.O. 12958: N/A
TAGS: PREL PTER CMGT CVIS KCRM PREF UK EUN USEU BRUSSELS
SUBJECT: EU TO SPEED UP COUNTER-TERRORISM MEASURES
AFTER LONDON ATTACKS

REF: USEU BRUSSELS 2148

SUMMARY
--------------


1. EU Justice and Home Affairs Ministers, at their
July 13 extraordinary meeting convened in response
to the London attacks, were "absolutely determined"
to speed up implementation measures in the EU Action
Plan to combat terrorism. A four-page declaration
gave new momentum to a detailed list of already
planned CT measures, committing the Council to the
adoption of EU legislation on the retention of
telecom data (October 2005) the European Evidence
Warrant (December 2005),and the exchange of
information between law enforcement authorities
(December 2005). The declaration also underlines
"the importance of preventing people turning to
terrorism by addressing the factors that contribute
to radicalization and recruitment to terrorist
groups." The Council will agree by the year's end
on an EU strategy setting out action on this issue.
French Minister Sarkozy confirmed that France had
temporarily restored controls at its borders and got
a strong rebuttal from the UK Presidency for telling
reporters that some of the team suspected in the
London attacks had been arrested and freed last
year. Full text of Council conclusions has been
transmitted to EUR/ERA. END SUMMARY.

NO NEW MEASURES
--------------


2. At the extraordinary Council meeting convened by
the British Presidency in response to the London
attacks, EU Ministers for Justice and Home Affairs
(JHA) swiftly adopted a declaration strengthening
the Council's "commitment to combating terrorism and
upholding the principles of freedom, security and
justice." The four-page declaration called the July
7 attacks "an affront to universal values on which
the EU is based" and to the EU's commitment to
democratic societies "within which people of all
faiths and backgrounds can live, work and prosper
together." The declaration said: "The terrorists
who reject that commitment and seek to use violence

to impose their ideas will be defeated."


3. The Council, working with CT Coordinator de
Vries, the Commission and the European Parliament,
will "accelerate implementation of the EU Action
Plan on Combating Terrorism and other existing
commitments." UK Home Secretary/Council chair
Charles Clarke had opened the meeting by saying:
"None of our proposals are new. But we have to
speed up our work to ensure that we put in place, in
practice, the measures which are needed to make the
work of terrorism more difficult." At the final
press conference, Clarke said all delegations were
"absolutely determined" to speed up implementation
of CT measures. Commission Vice-President Frattini,
who had told reporters following a Commission
roundtable discussion earlier in the day that the
time had come to "blame and shame" those Member
States "who do not fully implement" the EU measures
agreed after 9/11 and the March 2004 Madrid attacks,
opined that the focus must be on "implementation
rather than new legislation."


4. The Council said its immediate priority was "to
build on the existing strong EU framework for
pursuing and investigating terrorists across
borders, in order to impede terrorists' planning,
disrupt existing networks, cut off any funding and
bringing terrorists to justice." The declaration
gives new momentum to a detailed list of already
planned CT measures (see http://ue.eu.int/newsroom).
Among other points, the Council will:

--Agree the Framework Decisions on the Retention
of Telecommunications Data (October 2005),on
the European Evidence Warrant (December 2005),
and on the exchange of information between law
enforcement authorities (December 2005); adopt
the Decision on the exchange of information
concerning terrorist offences (September 2005);

--Combat terrorist financing by: agreeing by
December 2005 on a Regulation on Wire
Transfers; adopting the Third Money Laundering
Directive and the Regulation on cash control by
September 2005; agreeing to a Code of Conduct
to prevent the misuse of charities by
terrorists (December 2005); reviewing the EU's
performance overall (December 2005) and urging
Member States to ensure that comprehensive
financial investigation is a part of all
terrorist investigations and to develop robust
asset freezing powers.


5. Several ministers at national briefings and in
side comments to the press highlighted the need for
compulsory storage of telecom data, already
discussed in the June 2 JHA Council (REFTEL). The
draft Framework Decision requiring telecom providers
to retain data for the investigation, detection and
pursuit of criminal offences has been criticized by
members of the European Parliament, who have raised
concerns about proportionality, cost, privacy, and
civil liberties. Commission President Barroso and
Vice-President Frattini on July 13 said the
Commission would table another draft piece of
legislation in September with a view to putting data
retention on a different (Community) legal basis
(Note: this would require the EP's agreement under a
procedure of co-decision with the Council that could
complicate the formal adoption of the legislation,
though the UK Presidency appeared to have secured an
undertaking on the substance. End note). Frattini
said the new draft would be part of a package that
would also include data protection measures, thus
ensuring a "balanced approach."

HOW TO COMBAT RADICALIZATION
--------------


6. The declaration underlines "the importance of
preventing people turning to terrorism by addressing
the factors that contribute to radicalization and
recruitment to terrorist groups." The Council will
agree by December 2005 on an EU strategy setting out
action on this issue. Frattini said the problem was
on the rise: "We are noting a growing recruitment
of terrorists in the Member states." In his
statement to the Council and meeting with press,
French Minister of State/Interior Minister Sarkozy
backed Clarke's call for a strategy to fight
radicalization and recruitment by terrorist groups.
Sarkozy called on EU governments to exchange
intelligence on "radical Muslim preachers and imams
whose actions disrupt public order by their support
for violence, hatred and discrimination." Sarkozy,
who said it was "terrifying" to think that young
Europeans, who were born in Europe, can become
suicide bombers, called for "operational exchanges
on jihad supporters recently freed from prison and
on channels for the sending of fighters to Iraq."
Drawing "lessons from the London attacks," he called
for better surveillance of places of worship,
prisons, charities and associations, including
sports clubs, "that are fronts for radical or
terrorist ideologies."

FRANCE SUSPENDS SCHENGEN
--------------


7. The declaration also stressed "the need to
reduce vulnerability to attack by protecting
citizens and infrastructure." A European program
for the protection of critical infrastructure will
be agreed by the year's end. The Council will
reinforce common standards on aviation security by
the end of 2005. The Council also pledged to
"develop further the ability to share visa
information via the Visa Information System (VIS)
and law-enforcement information via the second
generation of the Schengen Information System (SIS
II)." The Council was also committed to "prioritize
the roll-out of biometrics," urging Member States to
take a cooperative approach to "the provision of
biometric capacity to visa issuing posts."


8. Taking questions, Sarkozy confirmed that France
had temporarily restored controls at its borders, as
permitted under the Schengen accords: "If we don't
strengthen controls when there are fifty dead in
London, I don't know when we do it."

SARKOZY GETS STRONG REBUTTAL FROM UK
--------------


9. The display of solidarity and unanimity was
somewhat spoiled following Sarkozy's suggestion at
his briefing that some of the team suspected to have
planned the London attacks had been arrested (and
subsequently freed) last year, which prompted a
blunt denial by the UK. Clarke publicly distanced
himself from Sarkozy, saying the French minister's
comments had "absolutely no foundation." Clarke
noted that Sarkozy left the meeting "halfway
through," adding: "Perhaps that's his style. But he
is a great leader of France and I wish him the
best." A French spokesman later clarified that
Sarkozy had not been referring to the four main
suspects in the London attacks, but to other members
of a group or network. Sarkozy had been speaking on
his own authority, not quoting Clarke's briefing to
ministers.

THE RIGHT TO SECURITY
--------------


10. Throughout the day, the British Presidency
(Clarke at meeting with the European Parliament
committee on Civil Liberties) and the Commission
(Frattini) called for a "balanced approach" between
fundamental rights and liberties and the need to
ensure security. Frattini noted, "The right to
security is in itself a fundamental right."

MCKINLEY