Specific measures to prevent and combat terrorism

1) OBJECTIVE

To strengthen police and judicial cooperation in criminal matters in the area of preventing and combating terrorist acts involving the persons, groups and entities listed in the Annex to Common Position 2001/931/CFSP.

2) ACT

Council Decision 2003/48/JHA of 19 December 2002 on the implementation of specific measures for police and judicial cooperation to combat terrorism in accordance with Article 4 of Common Position 2001/931/CFSP [Official Journal L 16 of 22 January 2003].

3) SUMMARY

Following the terrorist attacks in the United States, the Member States on several occasions expressed their determination to combat all forms of terrorism (for example, at the extraordinary meeting on 21 September 2001 and the meeting of the European Council on 8 October 2001). Among other things, they agreed to strengthen cooperation between the organisations responsible for combating terrorism, such as Europol, Eurojust and the police.

Council Common Position 2001/931/CFSP provides for the Member States to adopt specific measures, using the instruments of police and judicial cooperation in criminal matters, to combat terrorist acts effectively.

The Decision requires each Member State to designate:

• a special department within its police services which will have access to information concerning the criminal investigations conducted by its law enforcement authorities and involving any of the persons, groups or entities listed in Common Position 2001/931/CFSP;
• a Eurojust national correspondent for terrorism matters or an appropriate judicial authority or other competent authority which will have access to information concerning the criminal proceedings conducted by its judicial authorities and involving the persons, groups or entities listed in Common Position 2001/931/CFSP.

The information referred to above (personal details of the suspect, the activity under investigation, etc.) will also be communicated to Europol and Eurojust.

The Member States undertake to adopt the necessary measures to ensure that requests from other Member States for mutual legal assistance and recognition and enforcement of judgments in connection with terrorist offences are dealt with urgently and as a matter of priority.

Subject to certain conditions, the competent authorities of each Member State should have access to documents and items of evidence collected by another Member State.

The initiative provides for the possibility of establishing joint investigation teams.

Last updated: 27.02.2003