15 EU Internal Security Strategy
| Committee's assessment
| Politically important |
| Committee's decision | Cleared from scrutiny; drawn to the attention of the Home Affairs Committee
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| Document details | Commission Communication: The final implementation report of the EU Internal Security Strategy 2010-2014
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| Legal base | —
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| Department | Home Office
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Summary and Committee's conclusions
15.1 In 2010, the European Council endorsed an EU Internal Security
Strategy which identified the common threats and challenges facing
EU Member States and a common set of principles to guide the development
of policies. The Strategy was supplemented by a Commission Communication
establishing five strategic objectives as the focus for EU action
for the period 2011-14 and proposing a number of specific actions
to be accomplished within the same timeframe.[38]
15.2 The Commission describes the EU Strategy as "the backbone
of EU internal security initiatives" in recent years, enhancing
law enforcement capabilities and strengthening operational cooperation.[39]
In its latest Communication, the Commission reviews the progress
made in implementing the Strategy, identifies the challenges ahead,
and concludes that the EU's existing strategic objectives remain
valid and should be included in a renewed Strategy accompanied
by a new set of actions for the period 2015-20. The European
Council has also called for a "review and update" of
the EU Internal Security Strategy by mid-2015 as part of the strategic
guidelines for justice and home affairs agreed at its meeting
on 26/27 June.
15.3 The Commission Communication and the Minister's Explanatory
Memorandum provide a broadly positive assessment of the EU Internal
Security Strategy for the period 2010-14. Following a process
of consultation with Member States, the European Parliament, and
representatives of civil society, academia and the private sector
this autumn, the Commission will publish a further Communication,
expected in early 2015, establishing a renewed EU Internal Security
Strategy for 2015-20. This is likely to be based on similar strategic
objectives — serious and organised crime; cybercrime; terrorism,
radicalisation and crisis management; and border security —
but will include a more detailed set of actions to accompany each
strategic objective.
15.4 The Commission Communication suggests that
there will be a considerable degree of thematic continuity between
the current EU Internal Security Strategy and its proposed successor
and provides a useful initial indication of the areas in which
the EU will focus its activity for the period 2015-20. We are
therefore drawing it to the attention of the Home Affairs Committee
but are content to clear it from scrutiny.
Full details of
the document: Commission Communication:
The final implementation report of the EU Internal Security
Strategy 2010-2014: (36039), 11260/14, COM(14) 365.
The Commission Communication
15.5 The Communication reviews the progress made
in implementing the five strategic objectives and accompanying
actions set out in the current EU Internal Security Strategy at
a time of diminishing resources, increasing political instability
and conflict in the EU's neighbourhood, and heightened awareness
of the opportunities provided by new technologies as well as the
threat presented by cybercrime. The strategic objectives encompass
a variety of actions which are intended to:
· disrupt
international criminal networks;
· prevent
terrorism and address radicalisation and recruitment;
· raise
levels of cyber security for citizens and businesses;
· strengthen
security through border management; and
· increase
Europe's resilience to crises and disasters.
15.6 The Communication sets out the main legislative
and policy initiatives implemented during the period 2010-14,
as well as action taken to entrench respect for fundamental rights
as "a cornerstone" of the EU's Internal Security Strategy.
The Commission considers that the Internal Security Strategy
has encouraged a "multidisciplinary and integrated approach",
involving a variety of different stakeholders, and promoted the
use of common tools, based on legislation and more effective law
enforcement and judicial cooperation mechanisms, to tackle serious
and organised crime. It highlights the work of the Standing Committee
on Operational Cooperation (COSI) as "the centre of gravity
of the integrated, multiagency operational approach on EU internal
security" and suggests that closer working with the Political
and Security Committee (covering the EU's common foreign and security
policy) would "better link the external and internal dimension
of internal security".[40]
15.7 Turning to the challenges ahead, the Commission
picks up many of the themes set out in its recent Communication,
An Open and Secure Europe: making it happen, which concerns
the future strategic direction of EU home affairs policies.[41]
It places particular emphasis on the implementation of existing
laws, monitoring and evaluation of their impact, more effective
information sharing between Member States' law enforcement and
judicial authorities, and practical cooperation. The Commission
reaffirms the five strategic objectives contained in the EU's
current Internal Security Strategy as the basis for a renewed
Strategy for the period to 2020 and identifies a number of actions
on which it expects to continue to work. It also highlights a
number of emerging threats which the revised Strategy will need
to address. These include the involvement of organised criminals
in various environmental crimes, such as trafficking in endangered
species, and in energy fraud.
15.8 The Commission anticipates that these existing
areas of work will be supplemented by a further set of new actions,
to be included in a Communication on the renewal of the Internal
Security Strategy which will be published early in 2015, following
consultation this autumn with Member States, the European Parliament,
and stakeholders representing civil society, academia and the
private sector. The Commission underlines the importance of incorporating
three "cross-cutting objectives" in its revised Strategy.
These are:
· better
mechanisms to ensure coherence and complementarity between the
internal and external aspects of EU security policies;
· recognition
of respect for fundamental rights as an integral element of internal
security policies through the effective application of the EU
Charter of Fundamental Rights and other relevant secondary legislation;
and
· the
effective use of EU funding mechanisms, including in the field
of research, to address internal security challenges, and the
provision of training at EU level to forge "a common law
enforcement cooperation culture", build mutual trust and
support practical cooperation.[42]
15.9 The Commission also identifies a need for greater
synergies between different areas of policy which have an impact
on internal security. It proposes establishing an EU Internal
Security Consultative Forum to bring together interested stakeholders
and to support a multidisciplinary and integrated approach to
internal security.
The Minister's Explanatory Memorandum of 8 July
2014
15.10 The Minister for Organised Crime and Modern
Slavery at the Home Office (Karen Bradley) expresses the Government's
support for the five strategic objectives contained in the current
EU Internal Security Strategy and many of the associated initiatives,
including the EU Policy Cycle on serious and organised crime,
the creation of the EU Cybercrime Centre, cooperation in tackling
radicalisation and violent extremism, and the proposed EU Directive
on Passenger Name Records. She also welcomes much of the practical
cooperation which the Strategy has helped to generate, adding
that "practical cooperation is generally preferable to new
legislation".[43]
15.11 The Minister considers that the Communication
presents "a largely factual" overview of the activities
and achievements stemming from the existing Strategy and highlights
the following as areas of particular interest for the UK:
· the
development and implementation of the EU policy cycle on serious
and organised crime:
the Minister cites this as "a good example of the benefits
practical cooperation has over legislation" and as "a
template for future activity in this area and others".[44]
The UK participates in all work streams, and plays a leading role
on human trafficking and online child sexual exploitation, drugs,
excise fraud, and the criminal use of firearms;
· Europol,
Eurojust and Joint Investigation Teams:
the Minister cites all three as important tools in combatting
cross-border crime, but reiterates the Government's opposition
to the creation of a European Public Prosecutor's Office (EPPO)
and its concerns regarding changes proposed by the Commission
to the functioning of Eurojust. The UK will not participate in
the EPPO and has not opted into recent draft legislation concerning
Europol and Eurojust;
· trafficking
in drugs: the Minister
supports the aims of the EU Drugs Strategy and the work of the
European Monitoring Centre for Drugs and Drug Addiction (EMCDDA)
but expresses concern about recent Commission proposals to tackle
new psychoactive substances which might impede the UK's ability
to ban harmful substances (the UK has "opted out" of
these proposals);
· trafficking
in human beings: the
Minister underlines the need for practical cooperation, adding
that the new Strategic Guidelines agreed by the European Council
in June call for further robust action;
· freezing
and confiscation of proceeds of crime:
the UK has not opted into the latest Directive but is considering
the case for a post-adoption opt-in;
· EU
passenger name records (PNR):
the Minister supports the emphasis placed by the Commission on
securing the adoption of a draft Directive on PNR;
· law
enforcement training:
the Minister questions the need for the European Law Enforcement
Training Scheme ("LETS") proposed by the Commission
and intends to "resist an increased role for the EU in this
area".[45] She
expects the Commission to propose a draft Regulation shortly to
reform the European Police College (CEPOL) and introduce LETS;
· radicalisation
and recruitment: the
Government supports the EU Strategy on Combating Radicalisation
and Recruitment to Terrorism, as well as the work of the Radicalisation
Awareness Network and the efforts made by the EU Counter-Terrorism
Coordinator to address the threat from foreign fighters. The
priority given to these issues is reflected in the Strategic Guidelines
agreed by the European Council in June;
· aviation
security: the Minister
welcomes the introduction of an EU cargo regime and wider efforts
to ensure aviation security;
· cybercrime:
the Government supports the EU's Cybersecurity Strategy, the creation
of the European Cybercrime Centre within Europol, and the work
of the Global Alliance against Child Sexual Abuse Online;
· smart
borders: whilst the
UK does not participate in EU border control measures, the Minister
underscores the need for the EU to strengthen its external borders
and to facilitate the passage of legitimate travellers while maintaining
a high level of security;
· Frontex
and Eurosur: the UK
does not participate in the Regulations establishing Frontex and
Eurosur but is able to exchange information within Eurosur on
border surveillance and to cooperate with Frontex on an ad
hoc basis. The Minister considers that Frontex has helped
to reduce the flow of illegal immigrants across the EU's external
borders and anticipates that enhanced border surveillance through
Eurosur will strengthen border management, improve practical cooperation,
and help to save lives at sea; and
·
resilience to crises and disasters: the Minister welcomes
the recently revised Integrated Political and Crisis Response
arrangements which will apply if the solidarity clause (Article
222 of the Treaty on the Functioning of the European Union) is
invoked and facilitate political coordination. She notes that
the EU Civil Protection Mechanism will be able to draw on a voluntary
pool of Member State assets — the European Emergency Response
Capacity — to improve disaster management.
15.12 Turning to future challenges, the Minister
says that the Commission's selection of priority actions for the
renewed Internal Security Strategy should be guided by the strategic
guidelines agreed at the June 2014 European Council. She supports
the Commission's focus on implementation of existing legislation
and practical cooperation, as well as its commitment to implementing
the EU policy cycle on serious and organised crime. The renewed
Strategy should place a strong emphasis on tackling trafficking
in human beings and modern slavery. The Government also supports
the Commission's proposed review of export control policy to improve
the prevention and detection of cross-border trafficking in high
risk items.
15.13 The Minister highlights cybercrime as a key
priority and welcomes the Commission's commitment to develop a
comprehensive approach to cybersecurity and cybercrime, as well
as continuing work on online child sexual abuse. She accepts
the need for greater collaboration between the internal and external
dimensions of security policy in order to address the threat of
terrorism emanating from a wide range of countries, respond to
the growth in the number of foreign fighters in Syria, and develop
the counter-terrorism capabilities of third countries to a standard
consistent with human rights and the rule of law.
15.14 The Government strongly supports cooperation
with third countries to reduce illegal immigration, as well as
effective action within the EU to strengthen the EU's external
border. However, the Minister cautions against 'burden sharing'
between Member States on the grounds that it could increase migratory
pressures and undermine the Common European Asylum System. She
suggests that 'solidarity' should be expressed through practical
cooperation to enable Member States to build and maintain "flexible
and effective national systems of asylum, migration and reception".[46]
15.15 The Minister is wary of the Commission's proposal
to consider the feasibility of establishing a European System
of Border Guards on the grounds that "this would be a departure
from the principle that the security of the external EU borders
remains primarily a matter of national sovereignty and the responsibility
of national Governments".[47]
She adds that the UK would not participate, as any measures would
be based on elements of the Schengen acquis in which the
UK does not take part.
15.16 The Minister expresses some doubts about the
"cross-cutting objectives" proposed by the Commission
for the renewed Strategy. Whilst agreeing that there is a need
to improve the link between the EU's internal and external policies,
which should also be reflected in the EU's institutional arrangements,
she notes that the EU Fundamental Rights Agency has no mandate
to act in the area of police and criminal judicial cooperation
and does not wish it to be empowered to do so. She acknowledges
the important contribution that research and innovation can make
in developing tools to help tackle terrorism, serious organised
crime and illegal immigration, but sees no need for a specific
European Law Enforcement Training Scheme.
15.17 The Commission also advocates a strengthening
of the EU's relations with international organisations and accession
to international treaties in key areas related to internal security.
While accepting that there may be some benefit in improved practical
relations, the Minister adds that accession should be considered
on a case-by-case basis and ensure that the division of competences
between the EU and Member States is fully respected.
15.18 Finally, the Minister notes that the strategic
guidelines agreed by the June European Council include a commitment
to review and update the current EU Internal Security Strategy
by mid-2015 and looks forward to contributing to the review and
consultation which the Commission will shortly undertake on the
content of the revised Strategy.
Previous Committee Reports
None, but see: Forty-sixth Report HC 83-xli (2013-14),
chapter 3 (9 April 2014) and Third Report HC 219-iii (2014-15),
chapter 2 (18 June 2014).
38 See (32237), 16797/10: Eleventh Report HC 428-x
(2010-11), chapter 4 (8 December 2010). Back
39
See p 3 of the Communication. Back
40
See p 3 of the Communication. Back
41
See (35887), 7844/14: HC 83-xli (2013-14), chapter 3 (9 April
2014). Back
42
See p 19 of the Communication. Back
43
See para 18 of the Minister's Explanatory Memorandum. Back
44
See para 20 of the Minister's Explanatory Memorandum. Back
45
See para 29 of the Minister's Explanatory Memorandum. Back
46
See para 49 of the Minister's Explanatory Memorandum. Back
47
See para 50 of the Minister's Explanatory Memorandum. Back
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