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1.2.3 Máquinas Desgranadoras existentes
The 9/11 terrorist attacks were not only calls to action for NATO, but also the EU. Since 9/11, the EU’s role in combatting terrorism has been considerably boosted and they have made tremendous progress in their efforts to combat terrorism. Above that, terrorism from the Mediterranean region has also become an internal security concern for the EU (Wolff 2012: 161). As a result, the EU has systematically introduced and developed a number of strategies, action plans and operations for counter-terrorism in the Mediterranean Sea. Member states have actively conducted the operations within NATO monitoring operations, such as the OAE. Such operations have also been conducted with the cooperation of non- NATO multinational naval forces, such as the EUROMARFOR. Therefore, in this section, I discuss a framework of counter-terrorism measures, which has been
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introduced by the EU since 2001, including the implementation of the European Arrest Warrant (EAW), the EU Action Plan 2001, the Declaration on Combating Terrorism 2004, the EU Counter-Terrorism Strategy 2005, the Euro- Mediterranean Code of Conduct on Countering Terrorism, the Operation Coherent Behaviour 2002, and the European Counter Terrorism Centre.
• Counter-terrorism strategies
After the 9/11 terrorist attacks, the EU has introduced several counter-terrorism strategies to address its commitment to the fight against terrorism. Firstly, the EU invoked its first key policy in 14 September 2001, which is the European Arrest Warrant (EAW) and the framework decision on terrorism. This policy was enforced in June 2002 and rightly emphasised the EU’s pledge to improve the mutual recognition of judicial decisions among member states in regards to criminal prosecutions or detention orders.80 This policy delineates a number of acts punishable by the law including terrorism and emphasises the border controls among member states.81 The objectives of the EAW are to abolish extradition between member states and promote free movement in judicial decisions in criminal matters including terrorism.82
A further important framework used to respond to the threat of terrorism was the EU Action Plan to Fight Terrorism. It was created on 21 September 2001 and aimed at making fighting against terrorism a top priority for the EU. The EU Action Plan affirms the EU’s commitment to work “in concert in all circumstances” in the efforts to fight terrorism.83 It pinpoints the following vital
plans of action: improving police and judicial cooperation (to enhance the implementation of EAW, adopting a common definition of terrorism and strengthening cooperation and information exchanges between intelligence agencies of the EU); developing international legal instruments to fight against
80 Council of the European Union, Council Framework Decision on the European Arrest Warrant
and the Surrender Procedures between the Member states, 2002, pp. 2.
81 Council of the European Union, Council Framework Decision on the European Arrest Warrant
and the Surrender Procedures between the Member states, 2002, pp. 3.
82 Council of the European Union, Council Framework Decision on the European Arrest Warrant
and the Surrender Procedures between the Member states, 2002, pp. 1.
83 European Council, Conclusions and Plan of Action of the Extraordinary European Council
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terrorism; preventing the continuous funding of terrorism; increasing the level of aviation security including “protection of cockpit access”; and coordinating the EU’s global action by increasing the consistency and coordination of all the EU policies.84 However, in the wake of the terrorist attacks in Madrid in March 2004, the EU Action Plan has been revised and the Declaration on Combating Terrorism has been adopted.
The Declaration on Combating Terrorism was created on 18 June 2004. It identified seven strategic objectives for the EU to prevent and combat terrorism including the following: i) strengthen the international consensus and enhance international efforts to combat terrorism; ii) put an end to the financial access and other economic sources by the terrorists groups; iii) enhance capacity within EU bodies and member states to improve the efficiency to detect, investigate, and prosecute terrorists and prevent attacks; iv) improve the security of international transport and ensure an effective border control system; v) reinforcing the capabilities of the EU member states to deal with the consequences of a terrorist attack; vi) identify factors which facilitate radicalisation and recruitment to terrorism; vii) focus on EU external relations towards priority third countries, where counter-terrorism capacity needs to be enhanced.85 The declaration emphasises the strengthening of international consensus and efforts to combat terrorism with the capabilities of member states.86 Rather than providing new measures, the declaration focuses more on improvising the implementation of the existing action plan.
In addition, the document also reiterates the EU’s commitment to ensuring an effective border control system.87 Border control is not only vital in counter- terrorism measures, but it plays a significant role in countering illegal migrants, particularly through Frontex. For example, in the course of conducting illegal migrant clampdowns in the Mediterranean Sea, EU forces assigned for Frontex also assisted in the prevention of terrorism. Although mainly focused on border
84 European Council, Conclusions and Plan of Action of the Extraordinary European Council
Meeting, 2001, pp. 2-3.
85 Council of the European Union, Declaration on Combating Terrorism, 2004, pp. 9. 86 Council of the European Union, Declaration on Combating Terrorism, 2004, pp. 2. 87 Council of the European Union, Declaration on Combating Terrorism, 2004, pp. 7.
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control and surveillance, Frontex is particularly relevant for counter-terrorism as it helps to prevent terrorist attacks with the stronger European border control (Argomaniz 2011: 48). The same idea is shared by Skordeli (2015) in which she suggests that terrorism could sometimes be associated with irregular migration, hence prevention measures for irregular migration are frequently correlated with counter-terrorism measures (Skordeli 2015: 10). As part of the task in the Declaration of Combating Terrorism, it provides technical assistance with the partners (Wolff 2009: 148). For example, the EU through its counter-terrorism capacity building project with Algeria, Indonesia and Morocco attempted to synchronise national budgets and the EU budgets under single framework for counter-terrorism policy (Wolff 2012: 166). As this project is relatively sensitive, very limited information has been released. Other counter-terrorism technical assistance which tackles radicalisation in potential identified environments such as prison or worship places, border and maritime security, and training on crisis management.88 Moreover, Morocco and Algeria also received training on crisis management to enhance their competence concerning counter-terrorism measures (Wolff 2012: 166). In other ways, the privileged experiences of some Mediterranean countries, such as Italy and Spain in maritime security operations are fundamental for other partners, in which they could share their expertise to achieve their goals in combatting terrorism at sea (Calleya 2012: 136).
Another series of terrorist attacks in the London bombings of July 2005 has urged the EU to adopt another extraordinary measure as matter of urgency. On 30 November 2005, the EU Counter-Terrorism Strategy was adopted with the approval of the Justice and Home Affairs Council. This document defines comprehensively counter-terrorism measures in the aftermath of 2005, and declares terrorism a threat to all states and to all peoples.89 This document delineates its strategic commitment in the counter-terrorism activities as follows: ‘to combat terrorism globally while respecting human rights, and make Europe safer, allowing its citizens to live in an area of freedom, security and justice’.90
88 Council of the European Union, EU Action Plan on Combating Terrorism, 2007, pp. 6.
89 Council of the European Union, The European Union Counter-Terrorism Strategy, 2005, pp. 6. 90 Council of the European Union, The European Union Counter-Terrorism Strategy, 2005, pp. 6.
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The strategy demonstrates the will of EU to combat terrorism globally to make Europe a safer place as well as to maintain the area of freedom, security and justice for the well being of its citizens.91 The strategy puts forward the need for cooperation at the national, European, and international levels to decrease vulnerability to terrorist attacks (Prezelj 2008a: 25). The strategy aims to cover four main pillars of work: prevent, protect, pursue and respond.92 The first
objective is to prevent people from turning to terrorism, hence the EU pledged to reinforce the action plan in tackling the root causes leading to radicalisation and recruitment into terrorism.93 The second objective of the strategy is to protect the
citizens and infrastructure from vulnerability to terrorist attacks. Protection is the key part of the strategy in which it emphasises the need to improve border and transport security as well as other cross-border infrastructures from potential terrorist attacks.94 In the pursuit of this pillar, first regulation in the field of maritime security was adopted with the objective to secure and enhance the security of port facilities and ships (Casale 2009: 105). The regulation emphasises the importance of preserving the security of the European community shipping and its citizens from any potential unlawful acts such as acts of terrorism, piracy or similar (Casale 2009: 105). The third objective of the Counter-Terrorism Strategy is to pursue the disruption of terrorist activity and its networks. This pillar highlights the importance of adoption of the EAW to pursue and investigate terrorists across borders.95 In addition, key priorities on ‘pursue’ also include maximising the use of Europol and Eurojust in judicial and police cooperation in combatting terrorism.96 The fourth objective of the strategy is to prepare member states to deal with the aftermath of the attacks, as well as improving coordination with international organisations to respond on the terrorist attacks.97
The Euro-Mediterranean Code of Conduct on Countering Terrorism is also an essential framework designed to improve cooperation between the EU and its
91 Council of the European Union, The European Union Counter-Terrorism Strategy, 2005, pp. 3. 92 Council of the European Union, The European Union Counter-Terrorism Strategy, 2005, pp. 6. 93 Council of the European Union, The European Union Counter-Terrorism Strategy, 2005, pp. 7. 94 Council of the European Union, The European Union Counter-Terrorism Strategy, 2005, pp. 10. 95 Council of the European Union, The European Union Counter-Terrorism Strategy, 2005, pp. 13. 96 Council of the European Union, The European Union Counter-Terrorism Strategy, 2005, pp. 14. 97 Council of the European Union, The European Union Counter-Terrorism Strategy, 2005, pp. 16.
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neighbours in North Africa and the Middle East. The code was agreed upon at the Barcelona Summit of late November 2005 and aimed to enhance cooperation in accordance with UN resolutions (Reinares 2006: 4). This code of conduct brings the spirit of solidarity of all participating countries to stand against terrorism through a legal framework and international cooperation, and condemns it in all its forms.98 The Euro-Mediterranean Code of Conduct on Countering Terrorism is
recognised as one of the far-reaching tools to enhance cooperation in combatting terrorism in the Euro-Mediterranean region. The partners committed to combat terrorism and address all its causes in accordance to UN resolution and Security Council Resolutions on Terrorism.99 In addition, the code demonstrated the commitment of all partners to continue protecting the people from terrorist attacks, in which they will strengthen their aviation field and maritime security.100 The code also indicates the importance of experience and information changes to minimise the consequences of the attacks (Reinares 2006: 4). The Euro- Mediterranean Code of Conduct on Countering Terrorism requires the members to strengthen international cooperation with the regulation guidelines to address the threat of terrorism particularly in preventing, containing and eradicating terrorism, regionally and internationally.
While the EU has created a unified counter-terrorism strategy, explicit measures in the maritime domain have remained limited particularly in the Mediterranean. This is due to the previous documents which are adopted by the EU on counter-terrorism measures provide insufficient agenda for terrorist threats in the maritime domain compared to land-oriented terrorism. Recently, in the wake of the potential terrorist threats to cruise ships in the Mediterranean from ISIS, great concern has been expressed to the international community regarding the security levels in the maritime domain. Potential areas for the adoption of the maritime counter-terrorism policies need to be considered in order to prepare the
98 Council of the European Union, Euro-Mediterranean Code of Conduct on Countering Terrorism,
2005, pp.3.
99 Council of the European Union, Euro-Mediterranean Code of Conduct on Countering Terrorism,
2005, pp.2.
100 Council of the European Union, Euro-Mediterranean Code of Conduct on Countering
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EU with the possibilities of maritime terrorist attacks which may jeopardise the security of its member states. Other areas for improvement within the EU framework are better coordination of counter-terrorism implementation and better sharing of information to prevent the vulnerability towards terrorist attacks at sea.
• EUROMARFOR (Operation Coherent Behaviour)
Despite the limited area of cooperation in maritime counter-terrorism, the EU however has been involved in monitoring operations in the Mediterranean Sea with non-NATO multinational naval forces, such as the European Maritime Force (EUROMARFOR). EUROMARFOR is a naval force adopted in 1995 by France, Spain, Portugal and Italy and since then it has worked closely with its regional partner including NATO. It has later been enlarged by the participation of Greece and Turkey as the observers. The EUROMARFOR has only been activated a few times for shorter operations (Hallams 2013: 180). In 2002, EUROMARFOR had its first operation, Operation Coherent Behaviour in the Eastern Mediterranean from 1 October 2002 until 30 November 2002 (Global Security 2012). The operation was a surveillance mission primarily focused on illegal drug trafficking and counter-terrorism. This operation was conducted with close coordination with NATO in the frame of OAE. Although it was a very short-term operation, this operation nevertheless has contributed to OAE in two ways: in a separate operation, coordinated with NATO; and as part of NATO operation (Feldt 2011: 16). Cooperation with OAE may contribute to a long-term strategic partnership for Europe (Faleg and Blockmans 2015: 4). EUROMARFOR demonstrated the capacity of active EU engagement in order to restore stability in the Mediterranean Sea.
• European Counter-Terrorism Centre (ECTC)
Following the growing number of terrorist attacks, the EU is currently facing, it is particularly important for the EU to strengthen its response to terror, and to enhance its strategic understanding of the threats. On this note, Europol has launched the European Counter-Terrorism Centre (ECTC) in January 2016 to demonstrate their strategic efforts to fight against terrorism more effectively
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(Europol 2016). The centre serves as a central information hub providing the member states with collective support to fight against terrorist attacks (McNerney et al 2017: 16). ECTC also provides intelligence sharing among member states, enhance the exchange of information between law enforcement agencies, and increases inter-operability between member states. As one of the EU officials asserts:
This centre has recently established by Europol. It is basically links up the responsible department at Europol. Additionally, the different tools Europol provide is data bank and we are trying to push for the member states to use Europol more frequently and to insert more data into the system or the tools to make it successful. Europol can work to it only if the member states are in the search data.
(Interview No.1, EU Coordinator for Counter-Terrorism). As a central information hub, ECTC serves as a centre of expertise, providing analysis for current investigations of terror attacks in the Europe, as well as coordinating immediate responses in the event of major terrorist attacks (Europol 2016). With the establishment of ECTC, Europol aims to coordinate awareness and improve cooperation between different counter-terrorism authorities in the EU (Europol 2016). In addition, the EU attempts to connect the capabilities used for counter-migration with the established tools and counter- terrorism (CT) networks of Europol, to give more access to Europol for certain databases of the EU, which was originally assigned for migratory crisis, including the access to Schengen information system (Europol 2016).