Combating Terrorism


Mr Gilles de KERCHOVE,
EU Counter-terrorism Coordinator

The EU Counter-Terrorism Coordinator (CTC), Gilles de Kerchove, presented a report on the Implementation of the Strategy and Action Plan to Combat Terrorism to the Justice and Home Affairs Council on 6 June. The document takes stock of progress achieved with the strategy since December 2007. It is available to the public ("Implementation of the Strategy and Action Plan to Combat Terrorism"+ ADD 1).

Mr de Kerchove also set the priorities for further action in this field (Implementation of the EU Counter-Terrorism Strategy - Priorities for further action), in particular regarding:

  • information sharing: the transmission of information from member states to Europol and Eurojust must be improved. As an example, Mr. de Kerchove mentioned that some member states have not yet created the necessary structures for the transmission of information, and that Europol has identified at least 6 cases representing a terrorist threat that had not been reported;
  • combating radicalisation: according to Mr. de Kerchove, the EU must develop strategies to counter radicalisation and prevent the dissemination of terrorist ideologies by means of dialogue with religious communities, training of religious leaders and community policing; and
  • the external dimension: technical assistance should be improved with North Africa/the Sahel region and Pakistan.

Finally, the Counter-Terrorism Coordinator recommended the rapid implementation of a number of instruments which will support the combating of terrorism.

More information:
Council press release(pdf)
Council webcast of press conference

The Return Directive

The Justice and Home Affairs Council on 5 June agreed on a text regarding a directive on thereturn of illegally staying third-country nationals. The Presidency expressed the hopes that an agreement would be reached on that basis with the European Parliament.

The draft directive establishes common standards for return, detention and re-entry, to ensure similar treatment of illegal residents throughout the EU. It stresses that the procedures for ending non-EU citizens' stay must be fair and transparent.

An "illegally staying third-country national" is a person, whose visa or residence permit has expired or been revoked, whose asylum application has been refused, whose refugee status has been withdrawn or who has entered EU territory illegally. In these cases, a return decision will be issued to the person concerned, obliging him or her to leave within a certain time limit. Priority is given to voluntary departure.

If there is a risk that the person will abscond, authorities may decide on using detention. Detention must respect certain limits with the possibility of extension and should be carried out in specialised facilities.

Member states may impose an entry ban on third-country nationals subject of a removal order, preventing them from re-entering EU territory. On the other hand, they are free to grant the right to stay for compassionate, humanitarian or other reasons to a third-country national staying illegally on their territory.

The directive also provides for a review of return decisions.

More information:

Council press release (pdf)
Council webcast of press conference

Enforcement of decisions rendered in absentia

The Justice and Home Affairs Council on 6 June reached a general approach on a framework decision on the enforcement of decisions rendered in the absence of the person concerned at the trial. The document aims at establishing the common grounds on which decisions rendered in criminal proceedings in another member state may be enforced despite the absence of the defendant.

At present member states as a general rule may refuse to enforce a judicial decision rendered in absentia under certain conditions. The initiative seeks to standardise these conditions in order to improve cooperation between member states and enhance citizens' procedural rights when sentenced abroad in their absence.

Reaching an agreement is often difficult in the area of justice and home affairs, due to the considerable variations between national legislations. This is one of the reasons why the term "in absentia" and its definition in the original proposal have been replaced by "person who did not appear in person at the trial". The concept "in absentia" is to be found in many national legislations, but with different meanings. In this case, the differences concern in particular the concept "summoned in person" which in some member states conveys the idea of direct oral information, but in others also includes written information. To avoid misunderstandings, the term "in absentia" has been abandoned in the text. The question has not yet been resolved. In a compromise proposal, the Presidency suggests a wording which will ensure that the defendant was informed and aware of the trial.

The text does not require changes to member states' procedural rules.

More information:
Council press release (pdf)
Council webcast of press conference

Fighting environmental crime

The member states of the European Union are to fight environmental crime more consistently. The Justice and Home Affairs Council on 6 June approved a directive on the protection of the environment through criminal law, after reaching an agreement at first reading with the European Parliament under the co-decision procedure.

The Directive provides for serious violations of community environmental law to be treated as criminal offences and sanctioned accordingly across the EU. It covers a wide range of environmental crimes, which can cause death or serious injury to any person or substantial damage to the environment – such as the illegal disposal or emission of hazardous substances into the air, water or soil, the illegal shipment of waste or illegal trade in endangered species. Member States will have to ensure that these offences are punishable by effective, proportionate and dissuasive criminal penalties. Inciting or aiding and abetting such conduct will equally be considered a criminal act.

At the moment, there are considerable disparities in the definition of environmental crimes in the member states, and current sanctions are often not dissuasive enough. The directive establishes a minimum set of actions that should be considered as criminal offences throughout the EU. The level of penalties to be imposed is left to the discretion of member states. The directive will be formally adopted by the Parliament and the Council at a later stage. Member states will then have two years to transpose the new provisions into national law.

More information:
Council press release (pdf)
Council webcast of press conference

Reducing CO2 emissions from cars

The EU Environment Council held on 5 June in Luxemburg discussed, in a public session, a draft regulation aimed at reducing CO2 emissions from new passenger cars. The planned legislation is part of the Union's strategy to combat climate change. At present, passenger cars account for about 12 % of carbon emissions in the European Union.

All member states agree on the objective of reducing average CO2 emissions from all newly registered cars to 120 grammes per kilometre in a near future. According to the draft law, a reduction to 130 g CO2/km will have to be achieved by improvements in engine technology, while the remaining cut of 10 g CO2/km could be attained by complementary measures, such as fuel-efficient tyres or air conditioning. Manufacturers would have to ensure that the average emissions of the whole fleet they produce for the EU market meets the 130g/km target. They would still be allowed to sell cars exceeding the CO2 limit, provided they balance this production with less polluting models.

The Council, in close cooperation with the European Parliament and the Commission, will continue to deal with this issue taking into account the interests of European consumers, the car industry and its workers, and the need for cleaner air.

More information:

Council Press release (pdf)

Council webcast of press conference

Upcoming events

EPSCO (Employment, Social Policy, Health and Consumer Affairs Council) Council 9-10 June

TTE (Transport, Telecommunications and Energy) Council 12-13 June

09/06/2008