Lockerbie-victim father Jim Swire at the EU-parlament

The text of the petition is as follows:

"We ask the European Parliament to request the European Commission to make a statement about the bombing over Lockerbie, Scotland, of the Pan American Boeing 747 'Maid of the Seas' operating as Flight 103 from London to New York on the night of December 21 1988".

The lead petitioner and some of the other signatories are close relatives of the people who died in the bombings.

In an accompanying letter, the petitioner argues that the safety and security of the carriage by air of people and goods is a prerequisite of freedom of movement.

INFORMATION: - The petition was presented to Mr Martin, MEP, in lieu of the President of the European Parliament.

Consider in public.

Under the Treaty of Maastricht security comes under the general provisions of "police cooperation for the purpose of preventing terrorism, unlawful drug-trafficking and other serious forms of international crime". The right of initiative in this area is however limited to the Member States, and the Commission, though fully associated with the work, has no competence to act.

However, aviation security is dealt with in the framework of the Working Group of the ECAC (European Civil Aviation Conference). The Commission attends the meetings of the Working Group as an observer and is confident of the commitment of the Member States to the implementation of the standards and recommended practices of ECAC in the matter of security.

Where the technical investigation of the Lockerbie bombing is concerned the Commission is confident that this was carried out swiftly and according to the rules of the International Civil Aviation Organisation (ICAO) and ECAC.

As a result, the Commission is currently not in a position to provide further assistance in this matter.

The Commission sympathises with the situation of 'UK Families - Flight 103', however, it has no competence in most of the areas mentioned in the petition and can only provide the following information in response to the additional eight questions addressed by the petitioners on 28 January:

Items 1 to 3 of the paper refer to various grievances of the petitioners which relate to the decision to take legal action and to actions of police forces, and which question the exercise by Member States concerned of their prerogatives in public order. These do not fall under the competence of the European Union.

It may be said, however, in regard to question 3, that the Europol Convention stipulates that within two years at the latest following the entry into force of the Convention, Europol shall also deal with crimes against life, limb, personal freedom or property which are committed in the course of terrorist activities. However, the Council can decide, in accordance with the provisions of the Europol Convention and the Treaty on European Union, to instruct Europol to deal with terrorist activities before that period has expired.

While Title VI of the Treaty on European Union established cooperation between Member States in the areas of Justice and Home Affairs, in particular relating to judicial cooperation in criminal matters (Article K1(7) and police cooperation (Article K1(9)), it must be noted that the initiative for any action in these areas lies only with Member States.

Any plans or discussions for an international criminal court are taking place outside the remit of the Commission's competence, and are not currently a subject on which the Commission can take a position.

Items 4 and 5 can only be dealt with by the States concerned, in accordance with the principle of subsidiarity.

In relation to items 6 to 8, which deal primarily with compensation, it must be noted that the Commission adopted on 20 December 1995 a proposal waiving all limitations of liability as set by the Warsaw Convention so that victims of air disasters or their surviving relatives can recover full compensation for the damage incurred with a Community carrier. The Proposal also provides strict liability up to ECU 100 000. It foresees payment of a lump sum up to ECU 50 000 in case of injury and no less than ECU 50 000 in case of death [COM(95)724]. This Proposal has been transmitted to the European Parliament and the Council.