Annexes to COM(2017)407 - Ninth progress report towards an effective and genuine Security Union

Please note

This page contains a limited version of this dossier in the EU Monitor.

agreement reached on the Entry/Exit System (EES). Proposed by the Commission in April 2016,27 the system will register entry and exit data of non-EU nationals crossing the EU's external borders and therefore contribute to enhancing external border management and internal security. The political agreement on the Entry/Exit System is an important step towards achieving full interoperability of EU information systems by 2020, in line with the Commission's new approach to the management of data for borders and security.28 At the informal meeting of the Justice and Home Affairs Council in Tallinn on 6/7 July 2017, Member States reiterated their commitment to work on the interoperability of information systems as a matter of priority. The Commission calls on the co-legislators to accelerate the work on related legislative proposals on information systems that are currently under discussion.29

Work also continues on implementing existing systems and maximising their benefits – another key area for action to make the information systems for borders and security stronger and smarter. As part of the support provided to the implementation of the Passenger Name Records (PNR) Directive, the Commission services held on 22 June 2017 a fifth meeting with Member States experts to share related knowledge, expertise and best practice. As less

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COM(2017) 375 final (13.7.2017).

COM(2016) 50 final (2.2.2016). See the Eighths progress towards an effective and genuine Security Union (COM(2017) 354 final, 29.6.2017) for an overview of the state of play of implementation of the Action Plan.

UN Security Council Resolution 2347 (24.3.2017). COM(2016) 194 final (6.4.2016).

See the Seventh progress report towards an effective and genuine Security Union (COM(2017) 261 final, 16.5.2017).

These are the proposal to establish a European Travel Information and Authorisation system (ETIAS) (COM(2016) 731 final, 16.11.2016), the proposals to strengthen the Schengen Information System (COM(2016) 881 final, 882 final and 883 final, 21.12.2016), the proposal to Eurodac (COM(2016) 272 final, 4.5.2016) and the supplementary proposal to facilitate the exchange of criminal records of third-country nationals in the EU through the European Criminal Records Information System (ECRIS)

than one year is left before the transposition deadline (25 May 2018), the Commission once again encouraged Member States to strengthen their efforts to ensure the timely establishment of a functional PNR system as an important instrument in the response to the threat of terrorism. The Commission sent letters to those Member States that appear to be less advanced in the implementation process in order to address the possible obstacles they might face and assess whether additional support is possible, including bilateral support offered by a number of those Member States that are at an advanced stage of implementing the PNR Directive.

While some Member States have made progress in the implementation of the Prüm Decisions30, the Commission has had to use its infringement powers to ensure full implementation. To that end, the Commission sent Reasoned Opinions to Croatia, Ireland and Italy on 18 May 2017. In addition to using its powers under the Treaties, the Commission continues to support Member States by providing funding for implementation under the national programmes within the Internal Security Fund – Police. The Commission will provide an additional EUR 22 million to these national programmes for 2017 and this funding can be used for the implementation of Prüm.

On 7 July 2017, Ministers of Justice discussed the Commission's proposal on mutual recognition of freezing and confiscation orders31 in the Informal Justice and Home Affairs Council meeting held in Tallinn. The Commission calls on the co-legislators to progress swiftly on this proposal in order to improve the recovery of criminal assets in cross-border cases.

2. Implementation of non-legislative actions

Countering radicalisation online remains a priority in the fight against terrorism, and the Commission is accelerating its work to support Member States in addressing this challenge. Following a meeting of the EU Internet Forum32 at senior officials level on 27 June 2017, the members of the EU Internet Forum set out on 17 July 2017 an Action Plan to combat terrorist content online. This includes measures to step up the automated detection of illegal terrorist content online, share related technology and tools with smaller companies, achieve the full implementation and use of the 'database of hashes', and empower civil society on alternative narratives. Given the urgency of the matter, the Commission services will convene another meeting of the EU Internet Forum at senior official level in September and will report on progress made in the implementation of the Action Plan in one of the forthcoming Security Union progress report.

Recent terrorist attacks have once again turned the focus on the need to strengthen the protection of soft targets, calling for innovative responses to protect crowded places. On 30/31 May 2017, the Commission services hosted a workshop with experts from Member States and third countries to exchange good practices and lessons learned on soft target

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These Council Decisions (Council Decisions 2008/615/JHA and 2008/616/JHA, 23.6.2008) have a particular focus on combating terrorism and cross-border crime. They introduced rules and procedures to allow Member States to quickly search each other's DNA analysis files, fingerprint identification systems and vehicle registration databases. The Council Decisions should have been implemented fully by Member States by August 2011.

COM(2016) 819 final (21.12.2016).

The Commission has been working over the last two years with key internet platforms, Member States and other stakeholders under the EU Internet Forum to ensure the voluntary removal of online terrorist content

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protection. This workshop, organised in the framework of the Global Counterterrorism Forum, complemented the efforts launched in February 2017 to develop an EU policy and practitioner platform to enhance EU resilience against soft target attacks Moreover, as a practical measure supported by the Commission, Belgian and Dutch Police special intervention forces conducted on 29 June 2017 a cross-border soft target exercise involving a simulation of synchronised terrorist attacks on public schools. Involving police forces, first responders and state emergency response teams, this exercise aimed to measure preparedness and crisis management functions in case of attacks taking place simultaneously in neighbouring countries. The Commission services will organise a special de-briefing for all Member states to disseminate best practices learned from this exercise.

EU funding is an important tool to support Member States in implementing the steps needed to build an effective and genuine Security Union. Given the evolving threat posed by terrorist, organised crime and cybercrime, the Commission will provide EUR 90 million in 2017 to support Union actions under the Internal Security Fund – Police33, doubling the amount provided in 2016. The respective annual work programme34, setting out funding priorities for targeted cross-border actions in the area of internal security, intends to support Member States' efforts to counter terrorism through projects to prevent terrorist financing, counter radicalisation, support civil society in the dissemination of alternative narratives and strengthen the protection of critical infrastructure. The Commission intends to also provide funding for cross-border projects to tackle priority crime threats such as trafficking in human beings, drugs trafficking, firearms trafficking and environmental crime.35

For the first time under the Internal Security Fund – Police, the annual work programme 2017 intends to provide funding for projects tackling cybercrime. This reflects the evolving cyber threat, as witnessed by recent cyber-attacks, and the fact that for almost all types of organised crime, criminals are deploying technology with ever-greater skill and to ever-greater effect. To strengthen the exchange of information, the Commission intends to provide funding for projects that seek to maximise the benefits of existing EU information systems. This is a priority in the work on stronger and smarter information systems for borders and security36, and it will support the efforts to make EU information systems interoperable.37 Finally, the Commission intends to provide funding to reinforce cross-border police cooperation, in line with its May 2017 recommendation on proportionate police checks and police cooperation in the Schengen area.38

This funding comes on top of the support provided to Member States through their national programmes under the Internal Security Fund - Police. For the period from 2014 to 2020, the Commission provides a total of EUR 754 million to 26 Member States for measures to fight crime and manage risk and crisis.39 This funding can be used for a wide range of initiatives to ensure a high level of security in the EU, such as setting up information systems,

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Regulation (EU) No 513/2014 (16.4.2014).

The Commission intends to adopt the annual work programme for 2017 for Union actions within the

framework of the Internal Security Fund – Police in September 2017.

See the crime threat priorities set out in the Sixth progress report towards an effective and genuine Security

Union (COM(2017) 213 final, 12.4.2017).

COM(2016) 205 final (6.4.2016).

See the Commission's new approach to the management of data for borders and security as set out in the

Seventh progress report towards an effective and genuine Security Union (COM(2017) 261 final,

16.5.2017).

C(2017) 3349 final (12.5.2017).

All Member States except Denmark and the United Kingdom participate in the implementation of the

acquisition of operational equipment, promoting training schemes and ensuring operational cooperation. However, there is clear room for improvement in the way Member States absorb this funding. The Commission therefore calls on Member States to make full use of this funding to implement the priorities in the Security Union.

3. External

dimension

The Leaders of the G20 adopted at the summit in Hamburg on 7/8 July 2017 the Action Plan on Countering Terrorism. By calling for action to address the evolving threat of returning foreign terrorist fighters, facilitate the exchange of information, fight terrorism finance and countering radicalisation and the use of internet for terrorist purposes, the Action Plan confirms the current priorities of EU action in the Security Union. The Commission and the European External Action Service will continue to work closely with its partners outside the EU in implementing these policies.

On 26 July 2017, the Court of Justice of the European Union delivered its opinion on the compatibility of the agreement between the EU and Canada on the transfer and processing of passenger name record (PNR) data with the Treaties.40 The agreement was signed in 2014 and the Council requested the European Parliament to approve it. The European Parliament decided to refer the matter to the Court of Justice in order to ascertain whether the agreement envisaged was compatible with EU law guaranteeing the respect for private and family life and the protection of personal data. The Commission will revert to this issue in the next Security Union progress report in September 2017.

The informal meeting of the EU-Eastern Partnership Ministers of Justice and Home Affairs in Tallinn on 7 July focused on the fight against cybercrime, the fight against corruption, and essential judicial reforms. Minister reiterated their joint commitment to take further action to combat cybercrime and strengthen cybersecurity. They discussed legislative and operational challenges in the fight against cybercrime, with the perspective of enhancing cooperation at both regional and international levels and pursuing further action in the framework of the Eastern Partnership rule of law panel.

On 19 June 2017, the Foreign Affairs Council adopted conclusions on the external aspects of maritime security that highlight the role of the EU as a global maritime security provider and call for enhanced information sharing, exchange of good practices, increased coordination of EU initiatives and international cooperation at sea to confront the emerging challenges and threats at sea.

On 17 July 2017, the Foreign Affairs Council discussed priorities for the implementation of the EU Global Strategy for Foreign and Security Policy in 2017-2018. Ministers highlighted the need to strengthen further the link between the internal and external dimension on security, counterterrorism and countering hybrid threats. Ministers also agreed on two additional tracks for further work on global governance and regional cooperation, including on strengthening maritime security and enhancing the cyber security of the Union.

On 19 July 2017, the Commission and the EU High Representative presented a report41 taking stock of the progress made in implementing the April 2016 Joint Framework on

https://curia.europa.eu/jcms/upload/docs/application/pdf/2017-07/cp170084en.pdf.

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Countering Hybrid Threats.42 It reports progress on 22 actions to raising awareness on hybrid threats, build resilience against these threats and step up cooperation between the EU and NATO.

In the context of the EU-NATO strategic partnership and cooperation, the Foreign Affairs Council on 19 June 2017 adopted conclusions on the progress made in implementing the common set of proposals (42 actions) endorsed by EU and NATO Ministers on 6 December 2016. The progress report underlines the need for cooperation between the two organisations in the current strategic environment where the EU and NATO are both faced with unprecedented challenges, and neither organisation has the full range of tools to address these security challenges on its own. The report shows that the activities of the two organisations are complementary to each other and help to achieve a common goal. The newly created European Centre of Excellence for Countering Hybrid Threats in Helsinki, and the establishment of the EU Hybrid Fusion Cell and its interaction with the newly created NATO Hybrid Analysis Branch, further strengthen cooperation between the EU and NATO.

IV.      CONCLUSION

This report focuses on the conclusions the Commission draws from the comprehensive assessment of the Union's action in the area of internal security published together with this report. While the overall result of the comprehensive assessment is positive and confirms the relevance and effectiveness of the Union's action in the area of internal security, the Commission will continue to take action to address the obstacles and gaps identified by: (1) supporting the full implementation of EU measures, (2) reducing the complexity of EU instruments and tools, (3) building further capacity at EU level through the pooling of resources, and (4) addressing evolving threats. The Commission will present the comprehensive assessment to the European Parliament and the Council, and it encourages the two Institutions to engage in a dialogue to examine its findings.

The next Security Union progress report will be presented in September 2017.