COUNCIL RECOMMENDATION

of 9 December 1999

on cooperation in combating the financing of terrorist groups

(1999/C 373/01)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union,

Considering the need to intensify the cooperation between Member States in combating the financing of terrorist groups,

Considering that to this end an enhanced exchange of information should take place,

Considering that Europol should, as far as possible, be involved in this cooperation,

HEREBY RECOMMENDS:

1. Member States to intensify their cooperation in combating the financing of terrorist groups.

2. To this end they should exchange information on the structures and modus operandi used for financing terrorist groups operating in more than one Member State, which is available to their security authorities. The information exchanged should be updated without delay as soon as new intelligence is gathered in a Member State.

3. The competent Council Working Party should deal with those terrorist groups presenting a specific threat and which should be closer examined by the Member States' security authorities. To this end:

(a) the central authorities of the Member States responsible for investigations against the terrorist groups should share intelligence on these groups, especially on their links with groups in other Member States;

(b) the competent authorities should match this information with the national intelligence in hand and examine whether executive measures against the terrorist group may be taken against this background on a national level;

(c) on the basis of the respective national assessments, the Council Working Party will consider proposals for a joint initiative against a particular terrorist group or terrorist groups present in more than one State, involving those Member States that wish to participate, in so far as such participation would be consistent with their national laws.

4. Upon completion of such action, the intelligence for importance for more than one Member State should be exchanged and evaluated. The Member State holding the office of President of the Council, or another Member State concerned, should report on the measures taken and the newly gained intelligence.

5. Member States should participate in this procedure only to the extent admissible pursuant to national law and in so far as the organisation identified has violated the law in force in the respective Member State. Therefore, no Member State should feel obliged to take part in these measures.

6. All Member States involved should ensure that the information transmitted is handled absolutely confidentially. The facts transmitted should be used exclusively for the purposes of combating the financing of terrorist organisations. It should not be permitted to share this information with third countries without the consent of the sending Member State. National procedures on confidentiality and data protection are not affected by this recommendation.

7. The information should be transmitted through the Bureau de Liaison channels.

8. As far as possible and within the framework of the applicable law, Europol should participate in this cooperation.

9. This Recommendation is without prejudice to existing procedures of police cooperation between Member States.

Done at Brussels, 9 December 1999.

For the Council

O. HEINONEN

The President