US embassy cable - 04BRUSSELS3741

UNCLAS SECTION 01 OF 04 BRUSSELS 003741 
 
SIPDIS 
 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: EAIR, ECON, ECPS, EUN, USEU BRUSSELS 
SUBJECT: NEW COMMISSION STEPS ON HOMELAND SECURITY 
 
 
 Sensitive but unclassified, entire text. 
 
1.  This is an action message, see paragraphs 2 and 19. 
 
Introduction, Summary and Action Request 
---------------------------------------- 
 
2.  (SBU) This message provides a snapshot of the state of 
play of homeland security initiatives and organizations 
within the Commission.  It is organized by directorates 
general.  In many cases, officials in these positions, 
following the U.S.-EU Summit statement, have requested 
additional coordination and contact with U.S. officials.  DG 
Transport and Energy (DG TREN)  has reorganized its security 
function for both energy and transport into one security 
directorate.  DG TREN is also leading the Commission's 
investigation into the DOE Megaports Initiative and preparing 
to implement new legislation on port and ship security.  The 
European Network and Information Security Agency will begin 
operations in January 2005.  DG Environment's consequence 
management emergency center stands ready to work with U.S. 
officials to implement the provisions of the consequence 
management section (paragraph 5) of the U.S.-EU Summit 
Declaration on Combating Terrorism, but note that they have 
not yet made contact with FEMA.  USEU requests contact 
information for appropriate FEMA officials to implement this 
portion on the Summit statement (See paragraph 19).  End 
Introduction, Summary, and Action Request. 
 
DG TREN: New Structure 
---------------------- 
 
3.  (SBU) Within DG TREN the Commission has formed a New 
Directorate J for Transport and Energy Security currently 
headed by Jean Trestour, formerly the head of a maritime unit 
within transport.  The Directorate divides into four units. 
The Unit J.1, headed by Patrick Vankerckhoven will be 
responsible for international relations and new legislation 
and will take over operation on the U.S.-EU Transportation 
Security Cooperation Group.  According to Trestour, the 
primary tasks of the new nine-member J.1 unit will include 
conceptualizing and developing new transport security 
policies, harmonization of existing member state security 
rules, defining a strategy for inspecting member state 
implementation of rules at airports and seaports, developing 
a research and development plan for transport and energy 
security, as well as appropriate funding mechanisms, 
developing a "crisis cell" to deal with transport and energy 
related emergencies that would operate in conjunction with 
the consequence management center already operating in DG 
ENVIRONMENT (see paragraph X) and situation rooms in the 
Council Secretariat and in DG RELEX, and coordination with DG 
TAXUD, JAI, and RELEX.  The group would also be responsible 
broadly for cooperation outside the EU and in international 
fora. 
 
4.  (SBU) Unit J.2 , Inspection, will be the largest group 
with thirty people and headed by former Safety and Security 
Unit Head Eckard Seebohm.  The group will divide further into 
subgroups on aviation and maritime.  Besides containing the 
cadre of port and airport inspectors meant to enforce 
community rules as set out in regulations 2303/2003 for 
airports and  725/2004 for seaports, the unit will develop 
harmonized rules for the qualification of member state 
inspectors and develop a peer review process for those 
inspectors, develop inspection methodologies in conjunction 
with the new European Maritime Safety Agency, and the 
maritime unit within DG TREN. 
 
5.  (SBU) A new Unit J.3 will address Energy Security to 
include protection of pipelines, electrical networks, 
transformer banks, and radioactive materials (old x-ray 
equipment, etc.) Dolores Carillo, formerly Deputy Director of 
EURATOM will head J.3 once the Unit ids formally started 
early in 2005 most likely, according to Trestour, with 5-6 
staff.  Trestour suggested that in addition to its broad 
based responsibility, the new unit J.3 will be proposing new 
directives on the management of radioactive sources, 
coordination on security issues between member states and 
utilities, and coordination with international organizations. 
 
6.  (SBU) J.4, another virtual unit slated for operation in 
2005 will cover transport of hazardous goods and intermodal 
transport.  This Unit's objective will be to look at the 
transport of goods across modes to ensure that regulations 
are harmonized across modes.  Wolfgang Elsner will serve as 
head of the 6 person unit.  According to Trestour, its 
primary policy focus at the outset will be to develop a 
Europe-wide policy on tracking of dangerous goods. 
 
7.  (SBU) Comment: With the recently announced split of DG 
TREN into a DG for Transport and a DG for Energy this 
structure will almost certainly change.  Trestour himself is 
not certain if the directorate will split sending unit J.3 to 
the new energy directorate with the remaining units staying 
with transport or if the entire directorate will move to the 
new DG for Justice, Liberty, and Security.  End Comment. 
 
DOE's Second Line of Defense 
---------------------------- 
 
8.  (SBU) J.1 head Patrick Van Kerckhoven is beginning to 
look at the DOE's Second Line of Defense program.  Within the 
Commission leadership, Van Kerckhoven, a former official at 
EURATOM worked previously on threats posed by nuclear 
materials, as a result, he, and DG TREN have been handed the 
lead on the SLD program.  USEU has previously arranged 
discussion between Van Kerckhoven and DOE officials.  In July 
2004, the government of Slovenia requested that the 
Commission approve its plan to participate in the SLD program 
allowing DOE to provide radiation detection equipment for 
installation at one Slovenian port and at one land border 
crossing.  Before the Commission gives that approval, they 
have requested further consultations with DOE on the program. 
 We have proposed consultations in Brussels September 13-15 
and are awaiting a formal EU response. 
 
EU Maritime Legislation 
----------------------- 
 
9.  (SBU) In the Inspection unit, airport inspections are 
continuing as previously reported in the Transport Security 
Cooperation Group.  On the maritime side, the inspections 
unit will begin inspections of member state port facilities 
under the 2004 EU "Regulation on Enhancing Ship and Port 
Facility Security" 725/2004  which codified in EU law and 
made mandatory aspects of the 2002 amendments to the 1974 
International Convention for the Safety of Life at Sea 
(SOLAS) and the International Ship and Port Facility Security 
Code (ISPS).  In the June Summit statement, the U.S. and the 
EU committed to increase maritime, port facility, and vessel 
security through the International Ship & Port Facility 
Security Code.  The EU regulation calls for member states to 
create security plans for each port facility.  Commission 
officials would then inspect the member states to ensure that 
 plans were in place and that member states were properly 
overseeing their facilities in accordance with their plans. 
 
10.  (SBU) Earlier in June the Commission attempted to win 
passage of a directive complementary to 725/2004 to enhance 
security in areas not covered by the regulation.  The 
proposed directive would cover areas such as persons working 
at or passing through ports and infrastructure and equipment 
and does not create new obligations in areas already covered. 
 
11.  (SBU) Both pieces of legislation provide for member 
state designation of a port security authority for each port, 
the appointment of a security agent and the drafting of 
security plans. Different measures will apply according to 
risk levels that will be determined through prior assessment. 
The compromise text agreed by the Council also concerns 
controls prior to embarkation on board of Roll-on Roll-off 
ferries. 
 
12.  (SBU) The Commission was taken by surprise when member 
states moved at the June 11, 2004 Transport Council to limit 
the Commission's role in the complementary areas, reserving 
the area for member states.  The proposed legislation will go 
to Parliament in the fall of 2004.  Commission officials 
remain hopeful that they can reverse the Council's decision 
in the second reading and include these secondary aspects of 
port security under the Commission's ambit. 
 
DG TAXUD: New Structure 
----------------------- 
 
13.  (SBU) While DG TAXUD has not gone as far as DG TREN in 
setting up a new security directorate, in recognition of the 
additional focus on supply chain security and the work 
created by the Container Security Initiative (CSI), 
responsibility has been shifted out of the control of John 
Pulford's unit on Customs Policy into a new unit that would 
deal with transit  and supply chain security policy.  The 
practical effect will be that John Pulford, current head of 
Unit for Customs Policy will turn over chairmanship of the 
two CSI working groups to the new head of unit for transit an 
supply chain security policy Maria Manuela Cabral. 
 
DG INFORMATION SOCIETY: 
Critical Information Infrastructure Protection 
--------------------------------------------- - 
14.  (SBU) Following up on a June 2001 Commission 
Communication on Network and Information Security, the 
Commission has recognized protecting its information 
infrastructure as an important factor for economic growth. 
While much of this responsibility rests with the member 
states, the Commission in 2002 decided to create a 
stand-alone European Network and Information Security Agency 
(ENISA).  The EU issued a regulation 460/2004 this March 
creating the organization.  ENISA's initial funding will be 
for five years. 
 
15.  (SBU) ENISA will help the EU and member states respond, 
address, and prevent network and information security 
problems.  It will serve as a source of expertise for Europe 
on Information and Network Security Issues.  It is meant to 
"stimulate action between the public and private sectors, and 
it will assist the Commission in preparing and updating 
legislation in network and information security.  According 
to the responsible Commission officials, ENISA's strength 
will come from its ability to leverage existing European 
resources. 
 
16.   (SBU) Since passing the regulation, ENISA, to be 
located in Crete, has formed its management board (made up of 
representatives from industry, consumer groups academia, as 
well as one representative from each member state) and held 
its first meeting July 16.  The board is currently searching 
for ENISA's first Executive Director.  Assuming that the 
Management  Board is able to select an executive director, 
the Commission expects the agency to become operational in 
January 2005. 
 
17.  (SBU) According to the Commission officials responsible 
for launching ENISA, the Commission's first requests of the 
agency will include: (1) Creating an "Inventory of Network 
Security Practices in the member states; ENISA would not do 
the work itself, but it would collect a list of member state 
network security contacts, and select a contractor for the 
study;  (2) Inventory European industry practice on risk 
preparedness and business continuity; and (3) Conduct a 
further inventory on European Critical Information 
Infrastructure Protection to determine how European 
Information Infrastructure is protected. 
 
18.  (SBU) Commission officials also view ENISA as having an 
international role representing the EU and complementing 
member state participation in for a such as the OECD, ITU, 
WSIS, and in addressing and coordinating work within the G8 
on Critical Information Infrastructure Protection. 
 
 
DG ENVIRONMENT: Consequence Management 
-------------------------------------- 
 
19.  (SBU) As operators of the EU's "Monitoring and 
Information Center (MIC), responsibility for Consequence 
Management within the Commission falls to Civil Protection 
Unit within DG Environment (DG ENV) this same unit will be 
responsible for following up the four recommendations within 
the consequence management portion of the U.S.-EU Summit 
Statement on Combating Terrorism. 
 
20.  (SBU) The MIC serves as a voluntary clearinghouse for 
Europe wide information on emergency response capabilities in 
the EU and in some third countries.  Deputy Director of the 
Center Gilles Vincent explained that any member state, 
candidate country, or EEA member, as well as third countries 
can choose to make use of the center after suffering an 
emergency incident, though the decision of whether to call 
upon the center's assistance is usually a political decision. 
 As an example, Spain called upon the center in 2002 
following the break up of the oil tanker Prestige off the 
Galician coast, but it chose to coordinate the assistance it 
received following the March 11 train bombings directly with 
France.  Additionally, the center was called upon to 
coordinate European response following the 2002 Central 
European floods, 2003 forest fires in Portugal and France, 
the 2002 SE France floods, as well as the earthquakes in Iran 
and Morocco earlier this year. 
 
21.  (SBU) When notified of an event by an official 'first 
responder' the MIC checks its database of resources that 
could be used to respond from the information member states 
have provided.  The MIC, working with the member states and 
the affected states then makes a determination of European 
assets that could be deployed to address the problem. 
 
22.  (SBU) The MIC also conducts exercises among its contacts 
in member states to prepare for responses to natural 
disasters.  In 2005 the center plans to conduct similar 
exercises on response to terrorist attacks.  Already he noted 
that European militaries, called on by the council to provide 
an inventory of combined capabilities for responding to a 
CBRN incident, decided to use the MIC database, already set 
up to store that information giving the MIC access. 
 
23.  (SBU) In the medium term, the MIC will begin a critical 
assessment of European level requirements for capacity to 
respond to crises, though the timing of such a study remains 
undefined.  Vincent explained that the capacity question, 
both existing capacity, as well as the need for and placement 
of new assets reflects directly on national prerogatives and 
decisions and remains very controversial in Europe.  This 
political reality has prevented DG ENV from moving forward in 
this area.  Nonetheless, Vincent believed that the continued 
need to optimize resource use by member states would 
eventually lead states to coordinate more effectively. 
 
24.  (SBU) To date, Vincent has reported no contacts with 
U.S. officials, but pointed out the June  U.S.-EU Summit 
Conclusions as providing a possible pathway for U.S.-EU 
coordination. 
 
McKinley