Annexes to COM(2016)230 - Delivering on the European Agenda on Security to fight against terrorism and pave the way towards an effective and genuine Security Union - Main contents
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| dossier | COM(2016)230 - Delivering on the European Agenda on Security to fight against terrorism and pave the way towards an effective and genuine ... |
|---|---|
| document | COM(2016)230  |
| date | April 20, 2016 |
Next steps:
The European Parliament and the Council should:
- By June 2016, conclude discussions on the Commission's proposal for a Directive on combatting terrorism as a matter of priority and maintaining a high level of ambition.
The Commission will:
- By summer 2017, propose solutions, including legislation if required, to address the problems of obtaining digital evidence in relation to criminal investigations.
2.4 Improving information exchange
Known criminals and identified individuals who are considered potentially dangerous should not be able to escape detection. The European Agenda on Security has already proposed measures to address the main challenges for effective and sustainable action at EU level to fight terrorism and organised crime, specifically through better exchange of information between Member States' law enforcement authorities and with the EU Agencies, and by improving the interoperability of relevant databases and information systems.
The Commission has made a number of proposals to address these challenges. Common rules on data protection will now enable law enforcement and judicial authorities to cooperate more effectively with each other, as well as building confidence and ensuring legal certainty. The Data Protection Directive for police and criminal justice authorities adopted on 14 April 2016 needs to be transposed swiftly. In addition, the European Union has negotiated with the United States an international framework agreement ("Data Protection Umbrella Agreement") in order to ensure a high level protection of personal data transferred between the EU and the US for the prevention, detection, investigation and prosecution of criminal offences, including terrorism. The Agreement should be concluded swiftly.
Legislative proposals now need to be swiftly agreed by the European Parliament and by the Council and implementation by Member States of existing information exchange systems and structures accelerated:
• The final adoption of the revised Europol Regulation, which will apply from Spring 2017, will constitute a decisive step towards making Europol a hub for the information exchange between law enforcement authorities in the EU.
• The European Counter Terrorism Centre in Europol was launched in January 2016 to provide support in the fight against terrorism and radicalisation by stepping up coordination and cooperation between relevant authorities and providing a secure communications environment 25 . Member States need urgently to make available sufficient expertise in line with the 24 March 2016 Joint Statement of the EU Ministers
for Justice and Home Affairs and representatives of EU institutions 26 . The European Counter Terrorism Centre should now be strengthened to act as the law enforcement intelligence hub for analysing terrorism and assessing threats, and to support the development of counter-terrorism operational plans. The Commission will bring forward initiatives on how to develop the Centre into a stronger structure, with the capacity for joint operational planning, threat assessments and law enforcement intelligence coordination, staffed with personnel from the responsible institutions of the Member States as well as the Commission and subject to appropriate democratic scrutiny mechanisms. Work then should be taken forward by Centre, the EU Intelligence and Situation Centre facilitated by the Commission and in close collaboration with the Counter-Terrorism Group of national security services. Joint threat assessments on terrorism and radicalisation should start being developed by the European Counter Terrorism Centre and Intelligence and Situation Centre as a matter of urgency.
• The recent Communication on Stronger and Smarter Information Systems for Borders and Security 27 launches a debate and process on how to address shortcomings in current data systems, gaps in the architecture and limited interoperability, interconnection and access, in full compliance with data protection rules. This could lead to a European common repository of data and EU-integrated biometric identity management for travel, migration and security. This work needs to be accelerated.
• The Commission has also proposed an EU Entry Exit System for the EU external border 28 using biometrics, providing for law enforcement access and interoperability with other systems (notably the Visa Information System).
• Cross-border information exchange is vital for law enforcement within the EU. The existing Prüm framework must be implemented and used fully. It offers automated comparison of DNA profiles, fingerprint data and vehicle registration data. More systematic and consistent use of Interpol's Stolen and Lost Travel Documents database should also be prioritised.
• Extension of the European Criminal Records Information System to third country nationals: The European Parliament and Council should adopt the Commission proposal to amend the EU system for the exchange of information of criminal convictions to include the exchange of criminal records of third country nationals.
• Jurisdiction for accessing digital evidence: The Commission will work with the European Parliament and the Council and the European Parliament, based on a consultation with experts and other stakeholders, to develop a common EU approach to determining jurisdiction of law enforcement authorities when they directly access data stored or located abroad (i.e. consider other alternative connecting factors than the principle of territoriality).
Next steps:
Member States should:
- Increase the number of expert staff seconded to the European Counter-Terrorism Centre.
- Ensure as a matter of urgency that the Prüm framework is fully implemented, and make a more systematic and consistent use of Interpol's Stolen and Lost Travel Documents database.
The European Parliament and the Council should:
- By June 2016, quickly finalise the adoption of the revised Europol Regulation.
- By end 2016, agree on the Commission's proposals on an EU Entry Exit System and on the Extension of the European Criminal Records Information System to third country nationals as a matter of priority.
The Commission will:
- By autumn 2016, bring forward initiatives to upgrade the European Counter Terrorism Centre.
- By May 2016, set up an Expert Group to make proposals to improve and/or develop existing information systems, to address information gaps and to move towards the interoperability of information systems, as set out in the Communication on Stronger and Smarter Information Systems for Borders and Security, following an ambitious timeline.
- Use its powers under the Treaties to ensure the proper implementation of the EU acquis.
2.5 Cutting the access of terrorists to firearms and explosives
It is crucial to limit terrorists' access to explosive precursors and detonators. The Commission has already identified significant gaps 29 in the implementation by Member States of Regulation 98/2013 on explosives precursors 30 and is taking steps to address this. The Commission will assess the need to revise this Regulation in 2016. Security of explosive stocks, both civilian and military is another key element.
Terrorist access to automatic weapons remains a major problem. The loophole allowing for the reactivation of firearms has now been closed with the adoption by the Commission of the Implementing Regulation on common firearms deactivation standards on 18 November 2015 31 . This entered into force on 8 April 2016 and will ensure that deactivated firearms are rendered irreversibly inoperable.
In addition to this, the Commission presented on 18 November 2015 a proposal for the revision of the Directive 91/477/EEC on the control of the acquisition and possession of weapons 32 . This proposal aims to restrict the availability of some of the most powerful type of semi-automatic weapons and those that could be easily converted into full automatic weapons, as well as to enhance the exchange of information between Member States, traceability and marking rules for firearms. Its adoption by the European Parliament and the Council should be a priority in order to complement actions taken against the reactivation and the contraband of military-grade weapons.
However, the biggest challenge is illegal weapons. The sourcing of contraband weapons from neighbouring regions remains a major problem and the risk of new sources emerging also has to be minimised. Detailed measures on restricting access to illegal firearms and explosives, enhancing operational cooperation and improving the collection and sharing of operational information through an optimal use of existing tools are contained in the Action Plan of 2 December 2015 on firearms and explosives, which should be implemented as a matter of priority.
Next steps:
Member States should :
- Ensure as a matter of urgency that all necessary measures are taken for the full implementation of Regulation 98/2013 on explosives precursors.
- Fully apply the implementing regulation on common firearms deactivation standards, which entered into application on 8 April 2016.
The European Parliament and the Council should :
- Agree as a matter of urgency on the Commission's proposal for the revision of the Directive 91/477/EEC on control of the acquisition and possession of firearms.
The Commission will:
- Take the necessary steps to accelerate the implementation of the relevant actions of the Action Plan of 2 December 2015 on firearms and explosives with an ambitious timeline.
- Use its powers under the Treaties to ensure the proper implementation of the EU acquis.
2.6 Cutting access of terrorists to funds
One characteristic of the recent attacks is that the overall amount of funds involved appears disproportionately small in comparison with the devastating effects they have had.
The newly adopted Action Plan on fighting terrorist financing 33 already includes an ambitious timetable, which the Commission is fully committed to and will deliver on. It takes forward two key goals. First, how to further detect and prevent terrorist organisations and their backers from moving funds and other assets, and to ensure that financial movements can wherever possible help law enforcement to trace terrorists and stop them from committing crimes. Secondly, how to further disrupt the sources of revenue of terrorist organisations, by targeting their capacity to raise funds in the first place. The Commission will, amongst other actions, present legislative proposals in the coming months. Member States should play their part and implement already agreed legislation as rapidly as possible.
Next steps:
Member States should :
- Bring forward the date for effective transposition and entry into application of the 4th Anti-Money Laundering Directive to the 4th quarter of 2016 at the latest.
The Commission will:
- By June 2016, adopt a legislative proposal to revise the 4th Anti-Money Laundering Directive.
- By June 2016, adopt a Delegated Act to identify high risk third countries with strategic deficiencies in their anti-money laundering/countering terrorism financing (EU blacklist).
- By December 2016, adopt a legislative proposal harmonising money laundering criminal offences and sanctions.
- By December 2016, adopt a legislative proposal against illicit cash movements.
- By December 2016, adopt a legislative proposal on the mutual recognition of criminal assets' freezing and confiscation orders.
- By December 2016, adopt a legislative proposal for a Directive on combatting fraud and counterfeiting on non-cash means of payment.
- By 1st quarter 2017, adopt a legislative proposal reinforcing customs' powers and cooperation and addressing terrorism financing related to trade in goods.
- By 2nd quarter 2017, present a report on a supranational assessment of money laundering and terrorism financing risks and recommendations to Member States on measures suitable to address those risks.
- By 2nd quarter 2017, adopt a legislative proposal against illicit trade in cultural goods.
2.7 Protecting citizens and critical infrastructures
The vulnerability of large public events and critical infrastructure has been highlighted by the pattern of the attacks in Paris and Brussels. In order to be as well prepared as possible for such risks, law enforcement authorities and other key authorities – such as those responsible for transport –,need to exchange relevant information in an efficient way and to design preventive measures in a coordinated manner across borders. This also implies supporting research and new technologies, for example to detect explosives.
In addition to this, new technology may be abused by terrorists to conduct new forms of attacks. Cybercrime, which is another priority of the European Agenda on Security, is an acute threat which could grow into a new frontier for terrorism and needs to be dealt with accordingly.
The Action Plan of 2 December 2015 on firearms and explosives 34 also contains a number of measures to prevent terrorist attacks. These include (i) specific actions on the use of detection technology and towards standardising its use (soft targets, critical infrastructures, public areas), (ii) the development of innovative detection tools, (iii) the strengthening of existing measures and creating new ones with the purpose of increasing security of passengers on different modes of transport, (iv) the use of new technologies to reinforce security, (v) the dissemination of guidance material on soft target protection and (vi) detection and protection trials. It is also important to give priority to the question of vetting of staff working in critical infrastructure and other public areas, especially of returning foreign terrorist fighters and other radicalised staff to prevent use of insider knowledge for terrorist activities.
The Commission has also undertaken the following initiatives:
• The European Programme for Critical Infrastructure Protection provides an overall framework for activities aimed at improving the protection of critical infrastructure in Europe. Through this Programme, the Commission works with Member States to reduce the vulnerabilities of critical infrastructure and increase their resilience.
• Dissemination of guidance material on soft target protection: In May 2014 the Commission and EU Airport Police network completed the work on EU Airport Soft Target Protection manual containing guidance on soft target protection. This manual has been translated into all EU languages and will be distributed to all Police forces. In October 2015 the Commission also started developing guidance material on protection against other soft target areas such as rail and metro and other areas of high public concentration (sport stadiums, shopping malls, public garages, etc.). The finalisation of this material will be accelerated and accompanied by adequate training.
• Detection and protection trials: Detection and protection trials have been launched by the Commission together with several Member States in February 2015 in different operational environments such as airports, train stations, sport events and public buildings. New trials are scheduled for May 2016, including in the context of hotspots.
• Security risk assessments: The Commission has developed security risk assessments to ensure that policies developed at EU level in areas such as transport security, border security or terrorism financing is based on a proper analysis of the relevant security risks to define effective responses to those risks and underlying threats. This work is conducted jointly with Member States, the EEAS and relevant EU agencies.
• Hybrid threats: The Commission and the High Representative adopted a Joint Communication on a Joint Framework on countering hybrid threats 35 presenting actionable proposals to help counter hybrid threats and foster the resilience of the EU and Member States, as well as partners. All parties are encouraged to implement these actions swiftly.
Fighting crime and terrorism needs to continuously draw on new technologies and capabilities. Further measures are needed to address the challenges of detecting threats. The Commission will also direct research funds towards future technological and capability needs. Horizon 2020 Secure societies programme has a budget of €1.7 billion 2014-20. Work programmes for 2016-2017 have been agreed, with several actions relating specifically to the fight against terrorism. Future calls and the next annual programmes should have a heightened focus on counter-terrorism technology and capabilities, drawing on the work of the European Counter Terrorism Centre as well as national law enforcement and intelligence communities.
The European Agenda on Security underlined that a competitive EU security industry can also contribute to the EU's autonomy in meeting security needs. The EU has encouraged the development of innovative security solutions, for example through standards and common certificates. The Commission will come forward in 2016 with proposals on airport screening equipment, to remove barriers to the Single Market and to enhance the competitiveness of the EU security industry in export markets.
Information systems are a key element of our society. While strong cybersecurity measures should be the first line of defence, we also need to ensure effective investigation and prosecution of crime targeting or exploiting those systems. The Directive on Attacks against Information Systems (2013/40/EU) provides a common European criminal law framework in this area. The Commission is currently monitoring Member States' implementation of the Directive and will report to the Parliament and Council in 2017, taking into account the technical and legal developments in the field of cybercrime and any possible need to further strengthening the legal framework. To complement the proposed Network and Information Security (NIS) Directive 36 to reinforce cooperation and information exchange on cyber-threats, the Commission will propose further measures in June to support cooperation in this field and develop industrial capacities.
Treatment of security-related additional fiscal expenditure
Protection comes with a cost, be it in terms of deployment of intelligence, law enforcement or armed forces or of reinforcement of infrastructures. However, these costs have to be put in perspective with the human and economic damages a handful of criminals can generate. In light of the severity of the threat currently faced by the EU, the Commission will propose to make use of the flexibility embedded in the Stability and Growth Pact to accommodate unusual events outside government control when considering additional fiscal expenditure directly related to this threat. The Commission will engage with the Member States to find the necessary agreement on the way forward.
Next steps:
The Commission will:
- As a matter of urgency, take the necessary steps to accelerate the implementation of the relevant actions of the Action Plan of 2 December 2015 on firearms and explosives.
- By September 2016, propose EU-wide rules on certification of airport screening equipment.
- By December 2016, update the EU Airport Soft Target Protection manual.
- By May 2016, conduct new detection and protection trials, including in the context of hotspots.
- Direct research funds towards future technological and capability needs.
- Propose an approach on the treatment of exceptional fiscal expenditure directly related to counter-terrorism in the context of the Stability and Growth Pact. The Commission intends to make use of such an approach in the forthcoming European Semester package this Spring. .
2.8 The external dimension
The European Agenda on Security is also designed to ensure greater coherence between internal and external actions in the field of security given the direct linkage between the two and to draw on the work of the EU Counter Terrorism Coordinator, the Commission and the EEAS.
The neighbourhood is a particular focus. Targeted and upgraded security and counter-terrorism dialogues have been already established, in particular with Jordan, Lebanon, Morocco Tunisia and Turkey, and concrete action plans are being agreed with those countries. Security and counter-terrorism experts have been deployed in the EU delegations of Algeria, Iraq, Jordan, Morocco, Nigeria, Saudi Arabia, Tunisia and Turkey. On the basis of these experiences, the EU should initiate an anti-terrorism partnership with countries around the Mediterranean, as well as by enlarging the network of counter-terrorism and security experts to other priority countries and regions (e.g. Lebanon, Sahel, Western Balkans).
Recent events have demonstrated significant failings in cooperation with partners around the Mediterranean, despite shared concerns. EU justice and home affairs diplomacy and counter-terrorism cooperation must be developed as a matter of priority with partners from Turkey to Morocco, with the support of the European Counter Terrorism Centre, with a view to ensuring effective information sharing and police cooperation within the appropriate data protection framework.
The EU has to strengthen its presence in the relevant counter-terrorism and security multilateral international fora (such as the United Nations, Global Counter-Terrorism Forum, G7 and the Financial Action Task Force) in order to promote international cooperation on counter-terrorism and security matters.
The Action Plan of 2 December 2015 on firearms and explosives 37 and the Action Plan of 2 February 2016 on strengthening the fight against terrorist financing 38 contain specific actions towards third countries, in particular those in the EU's immediate neighbourhood. It foresees notably that the EU will step up its cooperation with neighbouring countries on the security dimension, including on countering the illicit trafficking of Small Arms and Light Weapons and the fight against illicit trafficking in human beings, cultural goods and drugs. It is envisaged that the illicit trafficking and use of firearms and explosives should be systematically integrated into security dialogues with key partner countries and organisations.
The revised European Neighbourhood Policy also provides a framework for action in the neighbourhood countries as it brings together coherently the security dimension and other elements of stabilisation such as fighting corruption and abuse of power, economic development, investment opportunities and employment for youth, as well as specific financial support to civil society with an anti-radicalisation dimension.
Next steps:
The Commission will:
- Take the necessary steps to accelerate the implementation of the external dimension of the Action Plan of 2 December 2015 on firearms and explosives, according to an ambitious timeline, with a particular focus on curbing the trafficking of firearms and explosives from the Western Balkans and possible new sources of weapon contraband developing from other regions in the EU's immediate neighbourhood.
- Take the necessary steps to accelerate the implementation of the relevant actions of the Action Plan of 2 February 2016 on strengthening the fight against terrorist financing.
- Engage in a reflection completing and deepening the reinforced Counter terrorism dialogues with priority countries around the Mediterranean with a view to the development of an effective anti-terrorism partnership.
- Support the implementation of the Joint Action Plan established in the context of the Western Balkans Counter Terrorism Initiative.
3. Conclusion
Security is naturally one of citizens' greatest concerns. In the past year, the terrorist attacks which killed or injured hundreds of people in the European Union, brought these concerns into sharper focus. All actors must play their part to ensure that the European Union does everything within its competences to ensure the security of its citizens.
In today's world, terrorists and other criminals are operating on a cross-border and trans-national basis. To effectively address the threat they pose, European law enforcement authorities need to work seamlessly together, to pool their resources and intelligence, and to operate jointly. This is the only way to counter the terrorist threat effectively. The internal security of one Member State is the internal security of all.
This Communication sets out the actions that have been taken to date, and that need to be taken in the immediate future, both at the European and the national level to provide all European citizens with the high level of security they expect. The annex provides a roadmap towards a true Security Union in Europe: the Commission will report on progress made. It is our shared and urgent responsibility to take forward these measures quickly and thoroughly, and to overcome the fragmentation in instruments, information, and mind-sets, which will otherwise continue to be used by terrorists to undermine the values Europeans hold so dear. The Commission considers that these measures should be considered rapidly by the European Parliament and the Council, and calls upon the European Council to take stock of the follow-up to this Communication on the occasion of its next meeting.
(1)
Article 72 TFEU.
(2)
COM(2015) 185 final, 28 April 2015.
(3)
European Council conclusions of 26 June 2015 EUCO 22/15.
(4)
Joint Statement of 24 March 2016.
(5)
Article 67(3) TFEU.
(6)
Subject to the specific terms of Protocol 22 as concerns Denmark, and Protocols 21 and 36 as concerns the United Kingdom and Ireland which allow, but do not require, these two Member States to opt into initiatives in the policy area of freedom, security and justice while respecting their coherence and practical operability.
(7)
http://europa.eu/rapid/press-release_MEMO-16-1062_en.htm.
(8)
Council Conclusions of June 2015, 9798/15.
(9)
COM(2015) 624 final, 2 December 2015.
(10)
COM(2016) 50 final, 2 February 2016.
(11)
COM(2016) 205 final, 6 April 2016.
(12)
http://icct.nl/wp-content/uploads/2016/03/ICCT-Report_Foreign-Fighters-Phenomenon-in-the-EU_1-April-2016_including-AnnexesLinks.pdf.
(13)
See also below, section 4.
(14)
This was developed in close cooperation with national experts, the EEAS, EU Agencies and Interpol.
(15)
COM(2015)671 final, 15 December 2015.
(16)
COM(2015)670 final, 15 December 2015.
(17)
In the context of hotspots and relocation, there are three different types of security checks: 1) physical and belongings checks, 2) checks in various national and international databases (in particular the Schengen Information System and Interpol SLTD), and 3) where there are indications that grounds for exclusion, or threat to security and public order exist, secondary checks of asylum applicants can be conducted in databases, through interviews and internet and social media.
(18)
COM(2015) 625 final, 2 December 2015.
(19)
Notably UN Security Council Resolutions and the Council of Europe Convention on the Prevention of Terrorism.
(20)
Passenger Name Record is not limited to addressing the problem of foreign terrorist fighters. However, it has a particular interest in this context.
(21)
Council conclusions of 20 November 2015, 845/15.
(22)
Framework Decision 2002/475 JHA on combating terrorism, as amended by Framework Decision 2008/919/JHA on combating terrorism.
(23)
See also above, section 1.
(24)
http://www.consilium.europa.eu/en/press/press-releases/2016/03/24-statement-on-terrorist-attacks-in-brussels-on-22-march.
(25)
The Commission proposed to reinforce the ECTC with 25 additional dedicated posts, 10 external staff and related appropriations for counter-terrorism in 2016, which were authorised in the amending budget approved on 13 April 2016.
(26)
http://www.consilium.europa.eu/en/press/press-releases/2016/03/24-statement-on-terrorist-attacks-in-brussels-on-22-march
(27)
COM(2016)205 final, 6 April 2016.
(28)
COM(2016)194 final, 6 April 2016.
(29)
http://ec.europa.eu/dgs/home-affairs/what-we-do/policies/crisis-and-terrorism/explosives/explosives-precursors/docs/list_of_measures_en.pdf.
(30)
Regulation (EU) No 98/2013 of the European Parliament and of the Council of 15 January 2013 on the marketing and use of explosives precursors, OJ L 39, 9.2.2013, p. 1–11.
(31)
Commission Implementing Regulation (EU) 2015/2403 of 15 December 2015 establishing common guidelines on deactivation standards and techniques for ensuring that deactivated firearms are rendered irreversibly inoperable, OJ L 333, 19.12.2015, p. 62–72.
(32)
COM(2015) 750 final, 18 November 2015.
(33)
COM(2016) 50 final; 2 February 2016.
(34)
COM(2015) 624 final, 2 December 2015.
(35)
JOIN(2016)18 final, 6 April 2016.
(36)
COM (2013) 48 final, 7 February 2013.
(37)
COM(2015) 624 final, 2 December 2015.
(38)
COM(2016) 50 final; 2 February 2016.