Date of release : 11-03-2005

Policy area : General Affairs and External Relations

Event : Informal Meeting of Defence Ministers

A. General

1. The European Council has called for work to be rapidly pursued on the contribution of ESDP to the fight against terrorism on the basis of actions taken since the Seville declaration. In this regard the Report to the June 2004 European Council on the implementation of the Declaration on combating terrorism3 requested the Political and Security Committee to elaborate the conceptual framework identifying the main elements of the ESDP dimension of the fight against terrorism, including preventive aspects. The EU Plan of action on combating terrorism also reflected this request4. The European Security Strategy and the Declaration on combating terrorism, which includes the Declaration on Solidarity against terrorism, laid the foundations of this framework.

2. As indicated in the European Security Strategy, global terrorism, often nourished by violent extremism ready to use unlimited violence in a context of increasingly open borders, poses a growing strategic threat to the whole of Europe, which is both a target and a base for such terrorism. The most frightening scenario is one in which terrorist groups acquire weapons of mass destruction. Dealing with terrorism may require a comprehensive approach based on intelligence, police, judiciary, military and other means. In failed states, military instruments may be needed to restore order, humanitarian means to tackle the immediate crisis. Regional conflicts need political solutions but military assets and effective policing may be needed in the post conflict phase. Civilian crisis management helps restore civil government. The European

Union is particularly well equipped to respond to such multi-faceted situations, including with its civilian and military crisis management operations.

3. The Declaration on Combating terrorism, adopted by the European Council in March 2004, welcomed the political commitment of Member States to act jointly against terrorist acts, in the spirit of the solidarity clause contained in article I-43 of the draft treaty establishing a Constitution for Europe. The declaration on Solidarity against terrorism specifies that, if one of the Member States is the victim of a terrorist attack, the Member States shall mobilise all instruments at their disposal, including military resources:

• to prevent the terrorist threat in the territory of one of them;
• to protect democratic institutions and the civilian population from any terrorist attack;
• to assist a Member State in its territory at the request of its political authorities in the event of a terrorist attack.

4. This document addresses the ESDP dimension of the fight against terrorism, including preventive aspects, in accordance with art 17.2 of the TEU and in the spirit of Article III-309 of the draft treaty establishing a Constitution for Europe. It also considers other ways in which assets can contribute in a concerted way to European efforts in this context.

B. Basic Principles

5. The following six basic principles apply:

• solidarity between EU Member States;
• voluntary nature of Member States' contributions;
• clear understanding of the terrorist threat and full use of available threat analysis;
• cross pillar co-ordination in support of the EU common aim in the fight against terrorism;
• co-operation with relevant partners;
• complementary nature of the ESDP contribution, in full respect of Member States' responsibilities in the fight against terrorism and with due regard to appropriateness and effectiveness considerations.

6. As indicated in the Declaration on combating terrorism, terrorism will only be defeated by solidarity and collective action. The voluntary nature of Member States' contributions is one of the fundamental principles of the EU capability development process. When it comes to a terrorist attack against one of the Member States the Declaration on solidarity against terrorism states that Member States shall mobilise all instruments at their disposal, including military resources. It shall be for each Member State to choose the most appropriate means to comply with this solidarity commitment; ways of pooling, sharing or co-ordinating often scarce resources in this field should be sought.

7. The recent wave of terrorism arises from complex causes. Such a multifaceted threat can be addressed only by applying the full spectrum of instruments at the disposal of the European Union and its Member States. Effective and swift cross pillar co-ordination is therefore essential.

8. The EU Counter-Terrorism Coordinator will contribute to ensure that the efforts in the field of ESDP are developed in a coordinated way with the overall EU framework.

9. In line with the Presidency Conclusions to the June 2004 European Council, the Union will continue to develop initiatives for closer co-operation with international organisations and to maintain the closest possible co-ordination with the United States and other partners.

C. Main areas of action

10. In response to crises, the Union can mobilise a vast range of both civilian and military means and instruments, thus giving it an overall crisis-management and conflict-prevention capability in support of the objectives of the Common Foreign and Security Policy. This facilitates a comprehensive approach to prevent the occurrence of failed states, to restore order and civil government, to deal with humanitarian crises and prevent regional conflicts. By responding effectively to such multifaceted situations, the EU already makes a considerable contribution to long term actions for the prevention of terrorism.

11. The European Security and Defence Policy, which encompasses civilian and military crisis management operations under Title V of the TEU, as well as other EU efforts, can contribute further to the fight against terrorism, either directly or in support of other instruments. There are four main areas of action:

• prevention;
• protection;
• response/consequence management;
• support to third countries in the fight against terrorism;

In this context, aspects such as the interoperability between military and civilian capabilities in the field of the fight against terrorism and the work on generic scenarios will need to be addressed.

Prevention

12. Prevention is one of the three main objectives identified by the Declaration on solidarity against terrorism, for which all Member States' resources should be mobilised, including military ones.

13. In the framework of an EU-led crisis management operation under Title V of the TEU, prevention of such an asymmetric threat will entail that Member States should ensure that such an operation is supported by the necessary level of information gathering and effective intelligence. Scenarios involving maritime and airspace control-type operations should be envisaged.

Protection

14. Protection, including force protection, is a fundamental aspect of any crisis management operation. In the case of a terrorist threat, protection should minimise the vulnerabilities of EU personnel, materiel, assets and, as appropriate, possible key civilian targets, including critical infrastructure, in the area of operations.

Response/consequence Management

15. Addressing the effects of an attack is a field where civilian and military means can have either a direct or a supporting role.

16. In the context of a crisis management operation under Title V of the TEU, the EU-led force on the ground will be more rapidly available for consequence management, in most cases together with the local authorities. Therefore, in full compliance with the objectives of the mission, the EU-led force should be ready to "fill the gap" with military and civilian capabilities while waiting for an expected international civil protection support at high readiness.

17. Within the EU, military means (in accordance with national regulations) could also have a role in support of civilian tools. In this framework, the EU has already taken the necessary steps to make available the content of the database of military assets and capabilities relevant to the protection of civilian populations against terrorist attacks, including CBRN to the Community Civil protection mechanism5. In this context, points of contact between the Monitoring and

Information Centre and the SITCEN are now established and the database is being updated.

Third countries

18. As indicated by the European Security Strategy, a wider spectrum of ESDP missions might include support to third countries in combating terrorism. The risk of terrorist attacks against deployed ESDP missions should therefore be considered in ongoing work. Separately, the wider issue of the protection of EU citizens in third countries could be further addressed, especially in the case of EU citizens taken hostages by terrorist groups.

D. Action points

19. The following action points are proposed for implementation:

a. Support the development of military capabilities for EU-led crisis management operations by incorporating the terrorist threat in all relevant illustrative scenarios in the framework of the Headline Goal 20106. The development of the corresponding military requirements should be included in the current elaboration of the Requirements Catalogue 2005. Work in this field should take into account possible preventive and protective measures. Possible measures related to prevention of the terrorist threat, including maritime and airspace control-type operations should be considered;

b. The future Civilian Headline Goal should also give appropriate consideration to the deployment and further development of civilian capabilities (in particular Police, Rule of Law, Civilian Administration and Civil Protection), in order to prevent as well as counter the terrorist threats within the limitations of the mandate;

c. Defence Intelligence Organisations (working through the Intelligence Division of the EUMS) should support through increased exchanges of intelligence the Joint SITCEN as it implements the SG/HR's report to June European Council on the establishment of an intelligence capacity to cover the range of terrorist threats affecting EU interests both within and outside of the Union;

d. Elaboration of a detailed report to the Council on modalities procedures and criteria to develop the appropriate level of interoperability between military and civilian capabilities in the framework of protection of civilian populations following a terrorist attack, including in crisis management operations under Title V of the TEU. This report, to be finalised during the first semester of 2005, should contain concrete proposals based on lessons-learned from real life incidents and planning scenarios taking into account best practices;

e. Improve protection of all personnel, material and assets deployed for crisis management operations under Title V of the TEU, including, as appropriate, the ability to protect possible key civilian targets, including critical infrastructure, in the area of operations within available means and capabilities and on a case by case basis based on the threat analysis.

The PSC should provide preliminary recommendations to the Council by the 2005 June European Council, also fostering ongoing work in the ECAP NBC Project Group, notably on an NBC Centre of Competence, including civilian expertise;

f. Consolidate ongoing work in view of deepening and widening the content of the military database of military assets and capabilities relevant to the protection of civilian populations against terrorist attacks, including CBRN.7 Special attention should be given to all possible instruments for assistance to victims. In this framework, a bidding process to incorporate Member States voluntary contributions in an addendum to the current Force Catalogue was launched. The PSC, based on an EUMC preliminary detailed analysis, should identify a set of pragmatic recommendations to the Council on the role of this database in the wider context of the Headline Goal 2010 and on possible further more systematic updates.

Equally, PROCIV should also be involved in the respective area of competence;

g. In the context of support to third countries in combating terrorism, specific measures could entail the development of appropriate co-operation programmes to promote trust and transparency, the support in planning activities related to the fight against terrorism including consequence management or support in training and exercises;

h. Conceptual work on consular co-operation and evacuation of EU citizens in third countries should continue in the relevant working groups. These cases could be included in the relevant scenarios of HLG 2010, as well as in EU exercises;

i. Develop a visible and effective rapid response protection8 capability to be included as protection component of EU-led crisis management operations under Title V of the TEU.

Such capacity, to be voluntarily contributed by Member States, would allow an immediate reaction in the affected area in the immediate aftermath of a possible terrorist attack, in most cases in support of local authorities and pending the arrival of further expected aid from the international community9. This capacity would deal with all aspects of protection.

In order to maximise effective use of available resources, Member States should consider the possibility of sharing and pooling assets. When appropriate through this initiative, Member States could also consider further contributing to the Community Civil Protection Mechanism. The PSC should address the issue of the interaction of this ESDP rapid reaction protection capability with other EU existing instruments and elaborate a concept by June 2005;

j. Relevant aspects of the March Declaration on Solidarity against terrorism should also be exercised and considered for inclusion in the EU exercise programme, as appropriate;

k. Sponsor an ISS Seminar on the ESDP contribution to the fight against terrorism in the wider context of the EU approach in this field, to be held not later than March 2005. Participation in the seminar would be open to representatives and high level experts (national crisis coordinators, academics, etc) of key partners, such as the US, the UN and NATO. This brainstorming would feed a discussion in PSC on possible further measures on the ESDP contribution to the fight against terrorism;

l. Seek ways of co-operating with NATO10 in the fields of:

• non-binding guidelines and minimum standards for the protection of the civilian population against CBRN risks;
• framework agreement on the facilitation of cross border transport;
• identification of the relevant national points of contact, with a view to creating a common database of points of contact;
• cross-participation, on a case-by case basis, in each other's consequence management exercises, as observers.