Commission Staff Working Paper - EC external assistance facilitating the implementation of UN Security Council Resolution 1373:an overview - Hoofdinhoud
Contents
| Documentdatum | 13-06-2002 |
|---|---|
| Publicatiedatum | 12-08-2009 |
| Kenmerk | 9951/02 |
| Aan | the Secretary-General of the European Commission, Mr Sylvain BISARRE, Director|Mr Javier SOLANA, Secretary-General/High Representative |
| Externe link | originele PDF |
| Originele document in PDF |  |
COUNCIL OF Brussels, 13 June 2002
THE EUROPEAN UNION
9951/02
PESC 241 RELEX 119 FIN 210 COTER 28
COVER NOTE
from : For the Secretary-General of the European Commission,
Mr Sylvain BISARRE, Director
date of receipt : 25 February 2002 to : Mr Javier SOLANA, Secretary-General/High Representative
Subject : Commission Staff Working Paper - EC external assistance facilitating the implementation of UN Security Council Resolution 1373 : an overview
Delegations will find attached Commission document SEC(2002) 231 1 .
________________________
Encl.: SEC(2002) 231
9951/02 MCL/sh 1
EN
COMMISSION OF THE EUROPEAN COMMUNITIES
Brussels, 25.2.2002 SEC(2002) 231
COMMISSION STAFF WORKING PAPER
EC external assistance facilitating the implementation of UN Security Council Resolution 1373: an overview COMMISSION STAFF WORKING PAPER
EC external assistance facilitating the implementation of UN Security Council
Resolution 1373: an overview
Background
Following the events of 11 September, the European Union has acted on several fronts – political, diplomatic, and legislative – to reinforce its ability to combat terrorism and to support the international coalition against terrorism. The EU has consistently underlined the importance, in that context, of multilateral action in the framework of the United Nations, in recognition of the fact that only concerted international action can effectively cut off funding and eliminate safe havens for terrorists.
Security Council Resolution 1373, which lays down clear requirements for legislative and other action that needs to be taken to prevent and combat terrorism, is a central element in that multilateral framework. The importance which the EU as a whole attaches to the implementation of Security Council Resolution 1373 was underlined both by the adoption of specific measures implementing the Resolution, and by the submission to the Security Council’s Counter-Terrorism Committee of a joint EU report on measures taken at the EU level to implement the Resolution.
Since the adoption of Resolution 1373, the need for external assistance for the implementation of the Resolution in many countries has been underlined both by individual UN Member States and by the UN itself. The issue is addressed directly by Security Council Resolution 1377, adopted on 12 November 2001, which notes that « many States will require assistance in implementing all the requirements of resolution 1373 », calls on States to « assist each other » in implementing the Resolution, and furthermore invites the Counter-Terrorism Committee to explore with international, regional and subregional organizations the promotion of best practice, the availability of existing assistance programmes, and the promotion of possible synergies between different programmes.
Against this background, the European Commission has examined its external aid programmes with a view to determining whether and to what extent these programmes support activities that might facilitate the implementation of Resolution 1373, and whether further support for projects that would contribute to the implementation of the Resolution is possible under these programmes. Given the large volume of external aid managed by the Commission and the extensive geographical scope of the programmes, the overview presented here is non-exhaustive and intended only to provide a first indication of the areas in which relevant assistance is or can be provided. The overview falls into two parts: first, a summary of relevant assistance that is already being provided, or has recently been provided; and second, general indications as to the possibility for further assistance in the framework of the EC’s
external assistance programmes 2 .
A. Existing assistance
The technical areas considered below follow the eight categories established by the Security Council Counter-Terrorism Committee for the purpose of compiling a directory of sources of advice and expertise, which in turn are based on the areas of activity covered by Resolution 1373.
I. Drafting of counter-terrorism legislation
N.A.
II. Financial law and practice
• In the context of ASEM, the EC is co-financing (with the UK) a project against
money laundering, comprising needs analysis, training and technical assistance. The project, which is sponsored by Thailand, was launched in 2000 and is to run over a three-year period. The three-year budget is € 1.22 M.
• In the EU candidate countries of Central and Eastern Europe, the EC is
financing a number of projects in the context of the Phare programme which aim specifically to reinforce the capacity of candidate countries to combat money laundering and economic crime in general. These projects form part of the ‘Twinning’ programme, which involves the secondment of advisers from EU Member States to individual candidate countries. They are part, moreover, of a wider effort aimed at allowing the candidate countries to reinforce the administrative and implementing capacity of their law enforcement bodies in the judiciary and the executive, and at assisting the candidate countries to adopt a legal framework consistent with the EC acquis. The countries concerned include the Czech Republic, Bulgaria, Lithuania, Poland, Romania and Slovakia. For the 1997-2001 period, a total of € 106.2 M is allocated to Phare national programmes in the area of police co-operation, the fight against organized and economic crime, the fight against fraud and corruption and the fight against drugs. In addition, two Phare justice and home affairs horizontal programmes, covering a wider range of sectors, were established for 1996-1999 and 2000-2003, each with a budget of € 10 M.
2 It should be stressed that the present document aims to cover only technical assistance provided by
the EC, and thus under the responsibility of the European Commission. Extensive support is also of course being provided by individual EU Member States, which is not however covered by this document. It should further be noted that one specific programme mentioned in this document (counter-terrorism asistance to the Palestinian Authority) is being implemented under the Common Foreign and Security Policy, to which specific institutional and management procedures apply, rather than as an EC programme. It is however mentioned in the present document with a view to providing as complete an overview as possible of relevant assistance.
• In the Andean Pact countries (Bolivia, Colombia, Ecuador, Peru, Venezuela),
the EC has financed a study – completed in December 2001 – on the existing legislation related to the implementation of the 40 recommendations of the Financial Action Task Force on Money-Laundering (FATF).
III. Customs law and practice
The EC’s external assistance to a number of countries foresees projects aimed at reinforcing border management. These notably concern countries neighbouring the EU to the East or in the Mediterranean region. More specifically:
• The EC’s 2002-2004 indicative programme for Morocco foresees a border control
and management programme with a budget of € 40 M.
• In several countries of Central and Eastern Europe that are candidates for
membership of the EU, assistance has been and is being provided in the framework of the ‘Twinning’ programme to help countries strengthen or develop border control policies and capacities. The countries participating include Bulgaria, the Czech Republic, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia and Slovenia. For the 1997-2001 period, a total of € 304.15 M is allocated to Phare national programmes in the area of border control and customs. A further € 23.67 M is allocated to Phare national programmes in the area of migration, asylum and visas.
• With regard to EU candidate countries in the Mediterranean, the EC is currently
financing a project on border control in Malta and support for a framework programme on border management is also envisaged for Turkey.
• In the Western Balkans, the EC is providing technical assistance on border
management to several countries (notably Bosnia and Herzegovina, Croatia, and FYROM)
IV. Immigration law and practice
Cooperation in the area of migration:
An EC budget line entitled “Co-operation with third countries in the area of migration” (B7-667) has recently been established, following directly from the conclusions of the Tampere European Council. This budget line was implemented through preparatory actions in 2001 and the definitive legal basis is currently being drafted. The budget of these actions amounted to € 10 M in 2001 and rose to € 12,5 M in 2002. For 2001, the Commission has selected 15 projects in countries such as Sri Lanka, Turkey, Somalia and Pakistan; these projects will be implemented in 2002.
The budget line is primarily intended to implement the six Actions Plans agreed by the EU’s General Affairs Council and covers the following countries: Afghanistan and neighbouring region, Iraq and neighbouring countries, Morocco, Somalia, Sri Lanka, and Albania and neighbouring countries. Owing to the ‘neighbouring country’ aspect, interventions can be carried out in countries such as Pakistan, Iran and Turkey. The overarching objective of the budget line is to influence migratory movements through preparatory actions along the following lines:
§ Support migration management and asylum systems, including putting in place a
balanced and efficient management of migration flows at all its stages through, for example, information campaigns;
§ Support for voluntary return to countries of origin and strengthening their ability
to cope with their readmission obligations towards the EU and its member states;
§ Support to prevent and combat trafficking and illegal immigration through, for
instance, the elaboration by third countries of an active policy on detection of false documents.
Actions can thus be directed against causes of flight in countries of origin or action targeting the situation in transit countries that make them conducive to smuggling and trafficking in human beings.
V. Extradition law and practice
• In the EU candidate countries of Central and Eastern Europe, the EC has been
providing some relevant assistance in the framework of its ‘Twinning’
programme. While generally geared towards the wider objective of supporting the
judiciary and the rule of law, this assistance has in specific cases also provided
training for judges in the field of international judicial cooperation. The countries
concerned include Bulgaria, Hungary, Latvia, Poland, Romania and Slovakia.
VI. Police and law enforcement work
Support to third countries in this area falls into two categories: specific assistance aimed at supporting counter-terrorism capabilities, and more general support for institutional capacities in law enforcement.
• In Algeria, the EC is supporting a project aimed at supporting the reform of the
police service, with the overall aim of contributing to strengthening governance and the rule of law. The project includes training activities aimed inter alia at improving capabilities in criminalistics, as well as the provision of material.
• In the candidate countries of Central and Eastern Europe, the EC is providing
assistance (in the framework of ‘Twinning’ arrangements) for the reinforcement of law enforcement. Specifically, projects have been implemented or are being implemented to provide support to police services and strengthen the capabilities of ministries of the interior. Supporting the ability of the candidate countries to participate effectively in international police cooperation is an important objective in many of the projects. The countries concerned include the Czech Republic, Hungary, Poland, Romania and Slovakia. In some of these projects, the assistance provided includes specialized training on counter-terrorism. For the 1997-2001 period, a total of € 106.2 M is allocated to Phare national programmes in the area of police co-operation, the fight against organized and economic crime, the fight against fraud and corruption and the fight against drugs (see also under II. above).
• In the Western Balkans, the EC is providing substantial assistance to capacitybuilding
in law enforcement. In Albania, assistance is being provided in the fields of the judiciary and the police; while terrorism is not specifically mentioned, this is being addressed as part of the fight against criminal activities and organized crime.
• Under the Common Foreign and Security Policy (CFSP), the EU has provided
specific assistance since 1997 to the Palestinian Authority (PA) to support its counter-terrorism efforts. From 1997 to 2000, the programme had both a component administered as a CFSP programme, and a component implemented under the EC’s MEDA Regulation (some of the projects launched in this context are still under implementation). From 2000 to 2003, the programme is being administered as a CFSP programme. The objective of the programme is to support the PA’s capacity to counter terrorism, assist in the establishment of related Palestinian administrative structures, help sustain the Middle East Peace Process and provide the relevant security and police services with assistance and training that are fully compatible with the principles of human rights and respect for the rule of law. The programme (for which a total of € 13.6 M is allocated for the 1997-2003 period) is implemented through specific projects carried out by counter-terrorism services from Member States. The projects mainly concern training courses and provision of equipment.
VII. Illegal arms-trafficking
N.A.
VIII. Other
Capacity-building for the judiciary:
• In the EU candidate countries of Central and Eastern Europe, the EC is
providing assistance (in the framework of ‘Twinning’ arrangements) for the reinforcement of the judiciary. Specifically, projects have been implemented or are being implemented to strengthen the court system and public prosecution services and to train judges and prosecutors. The countries concerned include Bulgaria, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia and Slovenia. For the 1997-2001 period, a total of € 67.41 M is allocated to Phare national programmes in the area of support to the judiciary, rule of law, legal advice and penitentiary systems.
• EC support for the modernization of the judiciary has been programmed in several
Mediterranean countries, notably in Morocco and Tunisia.
• In Indonesia, the EC is providing some technical assistance to the Office of the
Attorney-General on forensic accounting to detect fraud. Also in Indonesia, the EC is envisaging a substantial programme in support of good governance focussed on the judiciary sector. The EC is also a major contributor (€ 13.3 M) to the Partnership for Governance Reform Programme, in which it notably co-funds the Trust Fund to support Capacity Building for Good Governance.
• In the Philippines, the EC, in the National Indicative Programme, has identified
the institutional strengthening of the judiciary as one of the aspects of good governance for which assistance could be envisaged.
• In Nicaragua, the EC has financed a capacity-building project for the judicial
administration.
Fight against networks related to terrorism:
• In several Latin American Countries, including Bolivia and Peru, the EC
implements projects of alternative development in the framework of action against drugs.
• Since 1995, the EC has granted a special GSP incentive to the Andean and
Central American countries to combat production and trafficking of illicit drugs. The scheme was extended in December 2001 for a further three years.
It is worth noting in this context that in the Panama Action Plan against Drugs (1999), the EU and the LAC Countries agreed to take action for police, customs and judicial co-operation, and against arms trafficking and money laundering.
B. Possibilities for further assistance
a) The programming framework for EC assistance
As the first part of this overview has indicated, the EC is already providing assistance to a large number of countries in several of the areas identified by SCR 1373. Assistance of this kind will continue, and will of course have an even higher priority for the Commission than in the past. At the same time, it should be stressed that EC external assistance is focussed on specific developmental objectives, and the scope for EC assistance in a given technical area in a given country is therefore determined by its compatibility with the objectives established for that country.
The precise framework in which assistance can be provided varies between geographical zones, since EC external assistance to different parts of the world is covered by different legal bases and administrative instruments. In the case of the African, Caribbean and Pacific (ACP) countries, EC assistance is provided from the European Development Fund and on the basis of the Cotonou Agreement. In the case of countries in Asia and Latin America, the Mediterranean, Eastern Europe and Central Asia, and the Western Balkans, assistance is provided under specific Council
Regulations 3 (concerning, respectively, the ALA, MEDA, TACIS and CARDS
programmes) and on the basis of specific budget lines established to that effect. In the EU candidate countries, moreover, EC technical assistance (notably under the PHARE programme) is conditioned by the need to help the candidate countries meet the requirements of EU membership.
At the country level, the priorities of EC assistance are further determined by the Country Strategy Papers (CSPs) established in partnership with the countries concerned, and by the National Indicative Programmes drawn up on that basis. In order to establish whether additional assistance can be provided in a given country, it is therefore important to take into account the overall objectives set by these existing programmes and programming documents. Furthermore, the possibility of further assistance is conditioned by the availability of funding within the multi-annual funding framework, and this has to be examined on a country-by-country basis.
It should be emphasized that any further assistance which the EC might provide needs to address a specific need identified together with the country concerned. In that context, the European Commission particularly looks forward to the results of the Counter-Terrorism Committee’s work in identifying the technical needs of individual States with regard to the implementation of SCR 1373.
b) Possibilities for further assistance by geographical area
The following provides some indications as to the scope for further assistance in the areas identified by SCR 1373 in the main geographical areas at which existing EC assistance programmes are targeted:
• With regard to Asia, it should be possible in the context of the existing Council
Regulation governing technical assistance to Asia and Latin America and of existing budget lines to finance actions within the remit of Resolution 1373. The Regulation covers activities such as the fight against drugs and strengthening institutions, especially public authorities, and aid can further be allocated to measures promoting good governance. Moreover, many country strategy papers for countries in Asia explicitly include the objective of conflict prevention (notably Indonesia, Nepal, and Sri Lanka), and this objective could be seen as inclusive of the entirety of the areas of technical expertise set out above. In Pakistan, the EC is planning to assess whether interventions in the fields of documentation of persons, including refugees, border controls (measures with impact on drug trade, smuggling and terrorism), as well as judicial capabilities could usefully be considered.
3 Council Regulation (EEC) No 443/92 i of 25 February 1992 on financial and technical assistance to,
and economic cooperation with, the developing countries in Asia and Latin America; Council
Regulation (EC) No 1488/96 i of 23 July 1996 on financial and technical measures to accompany
(MEDA) the reform of economic and social structures in the framework of the Euro-Mediterranean partnership, amended in November 2000; Council Regulation (EC, EURATOM) No 99/2000 of 29 December 2000 concerning the provision of assistance to the partner States in Eastern Europe and Central Asia; Council Regulation (EC) No 2666/2000 i of 5 December 2000 on assistance for Albania, Bosnia and Herzegovina, Croatia, the Federal Republic of Yugoslavia and the Former Yugoslav Republic of Macedonia
• For Latin America, EC technical assistance is governed by the same Council
Regulation as technical assistance to Asia. The overall objective of strengthening institutions, especially public authorities, thus applies also for the countries of Latin America. This objective is one of the top priorities of most Latin American country strategy papers. Networks associated with terrorism are specifically targeted in the country strategy papers for Mexico, Guatemala, Colombia, Panama and Peru through the reform and improvement of the judicial systems (seeking to restore their credibility, access to justice and fight against impunity). In the country strategy papers for Nicaragua, Colombia and Peru, the issue is addressed via institution strengthening, policy support for the rule of law and promotion of good governance. It should also be noted that through the Panama Action Plan against drugs the EC has a tool to implement co-operation with Latin American and Caribbean countries to tackle any issues related to the fight against drugs. This applies also to the networks that support terrorism.
• With regard to countries in Africa, the Caribbean and the Pacific (that is, the 77
countries with which the EU has concluded the Cotonou Agreement), it should be noted that the cooperation strategies agreed in the Cotonou agreement do not refer to the fight against terrorism as such. The central objective of these strategies is poverty reduction, and it is in this sense – of combating some of the root causes that may contribute to terrorism – that the Cotonou Agreement can best contribute to the fight against terrorism. At the level of implementation, there will be scope for identifying projects or programmes more specifically targeted at the kind of activities mentioned in Resolution 1373. However, this will depend on the requests that may be made by the ACP side, either through the Committee of Ambassadors for intra-ACP funds or by the governments of the countries concerned for their country programmes.
• Concerning the Mediterranean Region, it should be noted that fighting terrorism,
drugs trafficking and organized crime is an integral part of the 1995 Barcelona Declaration. At the last Euro-Mediterranean Conference of Ministers of Foreign Affairs (Brussels, 5-6 November 2001), Ministers took note of a Presidency report on the progress of discussions by the Euro-Mediterranean Committee on migration, judicial co-operation and the fight against terrorism. They stressed the importance of launching a regional programme on common problems in this area. A proposal for such a programme containing inter alia cooperation on the prevention of and fight against organized crime, money laundering, traffic of arms, terrorism and financing of terrorism as well as promotion of adherence to and implementation of relevant international conventions is currently being established by the Commission with a view to its approval at the forthcoming Euro-Med Ministerial of 22-23 April 2002 in Valencia.
• With regard to the New Independent States of Eastern Europe and Central
Asia, the EC is already envisaging technical assistance in several areas relevant to the implementation of Resolution 1373, such as border management and the fight against money laundering, notably in Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, the Russian Federation, Tadjikistan, Ukraine and Uzbekistan. Regarding the scope for further assistance, the Tacis, Cross-Border Cooperation and Baltic Sea Cooperation budget lines all allow for the provision of capacity-building assistance in the areas covered by Resolution 1373. In addition, the new EC budget line for cooperation with third countries on migration could be used for enhancing border management regimes in certain countries in the region. Activities mentioned in Resolution 1373 are already taken into account in the following 2002-2003 Tacis programmes: Regional Cooperation, Cross-Border Cooperation, Baltic Sea Cooperation, Georgia National, Moldova National and Ukraine National. Moreover, area of cooperation 1 in each of the national action programmes allows for activities combating terrorism indirectly, such as the approximation of laws and policy advice. With regard more specifically to Central Asia, the process of developing Country Strategy Papers and Indicative Programmes for the five partner countries in Central Asia has recently begun. Activities in the area of justice and home affairs as regards border management, drug trafficking and money laundering will form a core part of the analysis and the envisaged assistance.
• With regard to the EU candidate countries of Central and Eastern Europe,
technical assistance in many of the areas specified by SCR 1373 will continue to be possible along the lines of the assistance described in the first part of this overview. The recent adoption by the EU of further legislative acts which will become part of the legal acquis that the candidate countries will have to apply (such as the Directive on prevention of the use of the financial system for the purpose of money laundering, the future Framework Decision on the execution in the EU of orders freezing assets or evidence, and the two future Framework Decisions on combating terrorism and on the European arrest warrant) confirms and underlines the importance of effective action against terrorism in the context of the accession process.
• With regard to the Western Balkans, the Council Regulation governing
assistance to the countries of that region under the CARDS programme provides a sound basis for support to institution-building in the fields of justice and home affairs, and therefore of counter-terrorism. While the specific objective of counterterrorism is not referred to as such in the Regulation, the rule of law and the fight against organized crime are explicitly mentioned. Overall CARDS support in the field of justice and home affairs in 2002 will be in the order of € 81.5 M. Several elements of CARDS support in the area of justice and home affairs should contribute to the counter-terrorism objective, notably: - support to the revitalization of the Interpol network, including increasing cooperation with Europol and other forms of regional cooperation; - training and strengthening of national police forces, including substantial support to strengthening the police in Albania and BiH and the direct financing of police activities in Kosovo through support to UNMiK; - further assistance to strengthening border security in the region through integrated border management programmes; and - strengthening the capacities of judicial systems to tackle threats such as terrorism.
c) Possibilities for further assistance not tied to a geographical area
• The Commission attaches great importance in the delivery of all technical
assistance relevant to the implementation of SCR 1373 to ensuring full respect for human rights. Extensive but indirect support for the fight against terrorism is moreover channelled through the European Initiative for Democratization and Human Rights (EIDHR). These efforts have notably helped to foster societies in which terrorism is less likely to emerge or to prosper and have included
-
-funding for operations aimed at preventing conflict including through capacitybuilding, early warning and confidence building measures; - promotion of democratization and the rule of law; and - promotion of the rights of national minorities.
EIDHR programming for 2002-2004 includes as one of its four core priorities support to strengthen democratization, good governance and the rule of law and will provide funding of €60 million in 2002 for a broad range of activities under this heading (including civil society capacity building, human rights education, institution strengthening and conflict prevention and resolution) in 29 focus countries. In addition, it should be noted that some thematic areas of action of particular political priority for the Union are open for support, under EIDHR, to regions comprising countries that are not all identified as focus countries. Interventions in certain countries in the aftermath of the events of 11 September 2001 can be envisaged under this provision. Particular reference will be made to the implementation of SCR 1373.
• As part of the wider EU effort to contribute to conflict prevention, an EC Rapid
Reaction Mechanism (RRM) was established in 2001, which allows for rapid initiatives in peace-building, reconstruction and development. RRM funds are limited to six months, after which the normal EC programme Regulations should be applied. The RRM is now fully operational.
• Further assistance could be envisaged under the recently-established budget line
entitled “Co-operation with third countries in the area of migration” (B7-667), which is described in greater detail in an earlier section of this document (see above, point A. IV)
Concluding remarks
The overview provided in this document indicates that the EC is providing assistance relevant to the implementation of Resolution 1373 in the context of most of its external assistance programmes and across several geographical areas. Moreover, it suggests that there is scope for further assistance to facilitate the implementation of the Resolution in the framework of the main assistance programmes and programming documents. As previously emphasized, the programming and allocation of assistance is a process which seeks to address specific needs identified together with the country concerned. In this regard, the European Commission particularly looks forward to the results of the Counter-Terrorism Committee’s work in identifying the technical needs of individual States with regard to the implementation of the Resolution.