Conceptual Framework on the ESDP dimension

of the fight against terrorism

1. In June 2004, the European Council, within the context of the report on the implementation of
the Declaration on combating terrorism, 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 request.

2. On 8 October 2004, the Secretariat submitted to the Political and Security Committee a draft
Conceptual Framework (doc. 13234/04), which was subsequently discussed in the PSC
meetings of 19 and 28 October, as well as of 3 and 9 November 2004.

3. At its meeting of 9 November 2004, the Political and Security Committee noted the EUMC and
CIVCOM advices regarding the Conceptual Framework on the ESDP dimension of the fight
against Terrorism and agreed the text set out in document 13234/4/04 REV 4.

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4. The Commission has drawn attention to its request to delete the word "including" in paragraph
19.d.

5. This document should also be seen in the light of the "Hague Programme" (doc. 13993/04).

6. Coreper approved the text at annex on 18 November 2004 and recommended that Council
approve it in view of the December European Council.

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ANNEX
CONCEPTUAL FRAMEWORK ON
THE EUROPEAN SECURITY AND DEFENCE POLICY (ESDP) DIMENSION OF
THE FIGHT AGAINST TERRORISM

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 terrorism1 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 request2. 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.

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doc. 10585/04, Declaration on Combating terrorism.

doc. 10586/04, EU Plan of Action on Combating Terrorism, action 3.7.
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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:
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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:
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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.

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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.

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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:
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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.

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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.

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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 mechanism3. 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 20104. 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;

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doc. 6644/4/04.
doc. 10586/04, EU Plan of Action on Combating terrorism, action 3.8.
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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;

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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.5 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 protection6 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 community7. This capacity would deal with all aspects of protection. In order

doc. 10586/04, EU Plan of Action on Combating terrorism, actions 5.2.2 and 5.2.3.
Protection as defined in section C.
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This would normally be a matter of hours.
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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 NATO8 in the fields of:
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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.
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doc. 10586/04, EU Plan of Action on Combating terrorism, action 5.1.

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