The Role of the Eu in Counter-Terrorism

THE ROLE OF THE EU IN COUNTER-TERRORISM Mr Gijs De Vries, Counter-Terrorism Co-ordinator of the European Union Thursday, June 1, 2006 Consultative Com m ittee of Accounting Bodies (CCAB) Lunch at the Sheraton Luxem bourg by Rosm arie CAROTTI

After a short introduction by our colleague Peter Welch, Chairm an of the CCAB, M r Gijs De Vries, European Union Counter-Terrorism Coordinator, took the floor.

M r Gijs De Vries, who had left a Council m eeting to attend this session, started by outlining the recent historical form s of terrorism : IRA, ETA, Red Arm y Fractions, Red Brigades. But the tragic events of 9/11 gave terrorism a new face because of its cross-border nature and the high num ber of civilian casualties. The terrorist attacks in Spain and London therefore strengthened the EU's resolve to com bat terrorism .

Europe now needs a com prehensive response to terrorism . This fight increasingly requires cross-border cooperation. So far Bin Laden has failed in his strategic aim to provoke uprisings or to dissuade M uslim s Gijs De Vries was nam ed from taking part in dem ocratic elections. But even with im proved as the European Union's decision m aking powers, the EU is not a federal state. M ost of the instrum ents and com petences in the fight against terrorism rem ain in anti-terrorism coordinator the hands of the M em ber States. The European Council's approach is in March 2004. Mr De Vries bottom -up, not top-down, but through its legislative work and policy initiatives, by assuring that the legal rules are in place, the EU can do was deputy Interior a lot to help national authorities. Minister of The Netherlands between 1998 and 2002. Safety standards have been increased; biom etric system s are being He also sat on the introduced. Com m unication and coordination between national authorities and Europol and Eurojust have been enhanced and convention that drafted cooperation with the US strengthened. The next stage would be to the EU's proposed provide for the m utual recognition of orders for evidence. The European arrest warrant would replace the old extradition Constitution. Before that, procedures. Mr De Vries was the head of the Liberal Dem ocratic On a m ore positive note, we should strengthen links with the countries group in the European of South-East Asia, where there is a m oderate tradition of Islam , as we share com m on principles of fundam ental hum an rights. Parliam ent.

Europe has to defend its econom ic infrastructure, provide energy security and protect its citizens after a biological attack. At EU level there are m any legislative proposals, but the problem is that they require unanim ity.

INTERVIEW WITH GIJS DE VRIES, COUNTER-TERRORISM COORDINATOR OF THE EUROPEAN UNION by Rosm arie CAROTTI by Rosm arie

R. C.: There was recently countries in the search work of our 25 a judgem ent of the for m ore security. Either governm ents within the European Court of we give the EU a job and Council and with the Justice about the transfer then we should give it Com m ission on terrorism . to the US authorities of the instrum ents to do the Of course, that does not datas concerning job effectively or m ean that Solana and I European citizens who governm ents should not run national police want to travel to the US. give Europe a particular services; governm ents at What do you think about job. national level rem ain it? responsible for what their The second thing the national police and Gijs de Vries: Court decided was that intelligence services do, The Court said that the we will have four m onths but Solana's and m y job Com m ission, and to find this alternative is to help them work therefore the Council, legal base. During these across borders. That is had selected a wrong four m onths nothing will the arrangem ent. Javier legal base for the change, so we have a Solana is Secretary agreem ent with the lot of work ahead of us, General of the Council United States but the but I think we can and I am directly Court has not criticized overcom e this problem . accountable to him . the substance of that agreem ent, which the R. C.: Today there was Parliam ent had asked R. C.: Are you directly also talk about financial the Court to do. So the involved? flows to terrorist groups. substance has not been Is there scope for the affected by the ruling Gijs de Vries: activity of the European but we have to look for Yes. Court of Auditors in this an alternative legal respect? base. This incidentally R. C.: What are your shows the need to working relations with Mr Gijs de Vries: change the EU Treaty, Solana? Everything we can do in because I cannot order to im prove explain to anyone in Gijs de Vries: financial transparency Europe that the Well, I am accountable and accountability is of European Union is being directly to Javier Solana. help against crim e in asked to fight terrorism Javier had asked m e to general and therefore but does not have the join him before the also against the risk of right to conclude attacks in M adrid in 2004, terrorist financing. There agreem ents with other to help coordinate the

is an indirect and not a direct relationship.

R. C.: There was talk about European funds ending up in the hands JUDGMENT OF THE COURT (Grand Cham ber) of extrem ists. 30 May 2006 Gijs de Vries: Clearly, fraud with VAT in Europe is widespread and it needs to be tackled. So are other types of fraud. What we have done in term s of legislation is to adopt new rules against m oney laundering and cash transfers and we have strengthened the com petences of Europol in the fight against terrorist financing. Unfortunately, that last elem ent still needs to be approved by som e national parliam ents which are taking rather On those grounds, the Court (Grand Cham ber) hereby: too long to give Europol these powers. So we are looking at a wide range 1. Annuls Council Decision 2004/496/EC of 17 M ay 2004 of actions to im prove on the conclusion of an Agreem ent between the financial transparency European Com m unity and the United States of Am erica and to im prove on the processing and transfer of PNR data by Air Carriers accountability in Europe. to the United States Departm ent of Hom eland Security, Bureau of Custom s and Border Protection and R. C.: You said you Com m ission Decision 2004/535/EC of 14 M ay 2004 on the have strengthened the adequate protection of personal data contained in the powers of Europol. Can Passenger Nam e Record of air passengers transferred to you be m ore detailed the United States Bureau of Custom s and Border about that? Protection;

Gijs de Vries: At the m om ent Europol 2. Preserves the effect of Decision 2004/535 until 30 can only investigate Septem ber 2006, but not beyond the date upon which terrorist financing if it is that Agreem ent com es to an end; linked to other form s of crim e, such as drug traffic. But not terrorist financing in general. That would change with the new convention. That would give Europol this right.