6 European Agenda on Security
Committee's assessment
| Politically important |
Committee's decision | Not cleared from scrutiny; drawn to the attention of the Home Affairs Committee; for debate in European Committee B
|
Document details | Commission Communication: The European Agenda on Security
|
Legal base |
|
Department
Document numbers
| Home Office
(36829), 8293/15, COM(15) 185
|
Summary and Committee's conclusions
6.1 The Commission Communication, The European Agenda on Security,
proposes a framework for cooperation between Member States, EU
institutions and agencies for the period 2015-20 to tackle common
threats to internal security, with a particular focus on organised
crime, terrorism and cybercrime. It describes the measures already
developed at EU level to support Member States in fulfilling their
"front line responsibility for security" and calls for
their full and effective implementation to ensure "better
information exchange, increased operational cooperation and mutual
trust".[ 52] The
Agenda identifies a number of areas in which further measures
may be necessary, for example, to counter radicalisation and to
strengthen laws on "foreign fighters", and sets out
five principles to underpin all action:
· full
compliance with fundamental rights, as well as the principles
of necessity, proportionality and legality;
· transparency,
accountability and democratic control, with the involvement of
the European Parliament and national parliaments and the creation
of a new EU Security Consultative Forum;[ 53]
· better
application and implementation of existing EU instruments, supported
by effective monitoring and peer evaluation to develop mutual
trust;
· better
inter-agency cooperation[ 54]
across all security-related policy areas; and
· greater
coherence between the internal and external dimensions of security,
underpinned by stronger engagement with neighbourhood countries,
key strategic partners and international organisations.
6.2 The Commission has published a separate European
Agenda on Migration which focusses specifically on threats
to security stemming from the smuggling of migrants, human trafficking
and border management.[ 55]
6.3 The Minister for Security (Mr John Hayes) welcomes
the Commission's focus on implementing existing EU measures and
strengthening cooperation between EU institutions and agencies,
Member States and national authorities. He agrees that terrorism,
serious and organised crime, and cybercrime should remain as the
EU's strategic objectives for 2015-20, whilst emphasising that
national security is the sole responsibility of Member States.
The Minister's detailed comments on the main elements of the Commission
Communication, and areas of concern, are summarised later in this
chapter.
6.4 There is a clear sense of continuity in the
actions proposed by the Commission in its European Agenda on
Security for 2015-20 and its earlier EU Internal Security
Strategy covering the period from 2010 to 2014. We note that the
Minister expects the Conclusions to be agreed by the Justice and
Home Affairs Council in June to set out the Council's "key
strategic aims" rather than simply to endorse the content
of the Commission Communication. We ask the Minister to provide
a copy of the Council Conclusions, highlighting any areas in which
they depart from the principles and actions set out in the Communication
and explaining the significance of any changes. We would also
welcome further details on the "operational implementation
plan" which the Council's Standing Committee on Internal
Security (COSI) will be invited to develop. We recommend that
the Commission Communication should be debated in European Committee
B once we have received this additional information.
6.5 Before the debate takes place, we ask the
Minister to comment further on the "five principles"
outlined in the first section of the Communication (and summarised
above in our first paragraph) since he does not do so in his Explanatory
Memorandum. In particular, we ask him to explain how "the
specific role of national parliaments in the area of freedom,
security and justice" will be reflected both in the legislative
and non-legislative measures taken forward by the Commission and
Council, given the likelihood that internal security measures
will have some impact on individuals' rights and privacy. We also
ask the Minister whether he considers that there is a sufficient
degree of "mutual trust" between Member States, as well
as in their respective judicial systems, to warrant further, more
intrusive internal security measures at EU level.
6.6 The UK has recently opted out of some of the
existing measures highlighted in the Communication, notably the
Prüm Decisions establishing a framework for cross-border
cooperation to tackle terrorism and serious crime, and the 2008
Framework Decision on Terrorism. We note that Parliament will
be asked to vote, before the end of the year, on future UK participation
in Prüm. The Minister says that the Government will ensure
that the updating of the 2008 Framework Decision on Terrorism
proposed in the Communication "reflects UK priorities".
We ask him to explain what the UK's priorities are and how effectively
the UK will be able to influence the outcome of these negotiations,
given that it has no vote on the final text.
6.7 The UK has not opted into the EU's Internal
Security Fund covering the period 2014-20. The previous
Government informed our predecessors in December 2013 that it
would consider whether to recommend opting into the policing component
of the Fund following its adoption, but we have received no formal
update since then. We ask the Minister to clarify the Government's
intentions.
6.8 We look forward to receiving the information
we have requested promptly, so that the debate we have recommended
can take place before further measures are brought forward to
implement the EU's new Internal Security Strategy. Given the scope
and importance of the Communication in setting a strategic direction
for EU action, we draw it to the attention of the Home Affairs
Committee.
Full
details of the documents:
Commission Communication: The European Agenda on Security:
(36829), 8293/15, COM(15) 185.
Background
6.9 The EU Treaties require EU action in the area
of freedom, security and justice to "respect fundamental
rights and the different legal systems and traditions of the Member
States" whilst also endeavouring to ensure "a high level
of security".[ 56]
A standing committee within the Council (known by its French acronym
"COSI") is responsible for strengthening operational
cooperation on internal security and helping to coordinate action
by national law enforcement authorities. The EU Treaties distinguish
between internal security and law and order, for which
Member States bear the primary responsibility, with the EU acting
only in those areas where it can add value, and national
security, which is the sole responsibility of each Member State.[ 57]
The primacy of Member State action is reflected in the limited
role given to the Court of Justice which lacks jurisdiction to
consider how Member States have exercised their responsibility
to maintain law and order or safeguard internal security, or to
review the validity or proportionality of operations carried out
by police or other national law enforcement bodies.[ 58]
6.10 The EU agreed its first Internal Security Strategy
in 2010. It set out a "shared agenda" for action based
on five overarching strategic objectives:
· Disrupting
international criminal networks;
· Preventing
terrorism and addressing radicalisation and recruitment;
· Raising
levels of cyber security for citizens and business;
· Strengthening
security through border management; and
· Increasing
Europe's resilience to crises and disasters.
6.11 The Commission's final report on the implementation
of the EU Internal Security Strategy concluded that these objectives
remained valid and should be included in a renewed Strategy accompanied
by a further set of actions for the period 2015-20. In June 2014,
the European Council agreed strategic guidelines for justice and
home affairs which called for a "review and update"
of the EU Internal Security Strategy by mid-2015.[ 59]
More detailed Conclusions agreed by the Justice and Home Affairs
Council in December 2014 set out the structure and principles
which should underpin the new Strategy and invited the Commission
to put forward a Communication to that effect.[ 60]
The Commission Communication: The European
Agenda on Security
6.12 The Communication sets out a "shared agenda"
for Member States and EU institutions and agencies which is intended
to ensure more effective cooperation and coordination of action
to tackle common security threats. The aim is to achieve "an
EU area of internal security where individuals are protected in
full compliance with fundamental rights".[ 61]
6.13 The European Agenda on Security ("the
Agenda") first describes the range of legal, practical and
support tools which are already in place, or in the process of
negotiation, to improve the exchange of information, increase
operational cooperation and enhance internal security through
training, financial support and research and innovation. The success
of these tools, according to the Commission, depends on "responsibility-sharing,
mutual trust and effective cooperation between all actors involved"
based on the five key principles described above in paragraph
1 of the Summary.
INFORMATION EXCHANGE
6.14 The Agenda identifies existing tools to improve
the exchange of information between national law enforcement authorities
and urges Member States to ensure their full implementation or,
where negotiations are continuing, their speedy adoption. The
tools include:
· the
Schengen Information System (SIS) which, the Commission suggests,
should be used together with Interpol's database on Stolen and
Lost Travel Documents to strengthen security at the EU's external
borders;
· a variety
of information sharing systems, such as the Customs Advance Cargo
and Anti-Fraud Information Systems which improve security in relation
to the cross-border movement of goods, and the Maritime Common
Information Sharing Environment;
· the
Prüm framework which provides for the automated comparison
of DNA profiles, fingerprint and vehicle registration data;
· the
analytical and operational capabilities of Europol;
· an EU
Passenger Name Record (PNR) system for the exchange of information
on airline passengers travelling to, from and within the EU (still
under negotiation), as well as further work on "legally sound
and sustainable solutions to exchange PNR data with other third
countries";[ 62]
· common
EU rules on data protection requirements applicable to police
and criminal justice authorities and a framework agreement for
the transfer of personal data between the EU and US for law enforcement
purposes (both still under negotiation); and
· the
exchange of information on the previous convictions of EU nationals
under the European Criminal Records Information System (ECRIS).
6.15 The Commission also highlights potential gaps
in the coverage of the EU's existing tools for information exchange,
indicating that it will assess the need for additional categories
of information to be included in the Schengen Information System,
such as travel bans imposed at national level. It will continue
to monitor the effectiveness of the Schengen Border Code (in which
the UK does not participate) and produce a set of common risk
indicators to assist in the detection of foreign terrorist fighters.
The Commission intends to extend the scope of ECRIS to include
information on the convictions of third country nationals in the
EU and will examine the need for a European Police Record Index
System to facilitate cross-border access to information held in
national police records.
OPERATIONAL COOPERATION
6.16 The Agenda sets out a further set of tools which
support effective operational cooperation between law enforcement
authorities. They include:
· the
EU Policy Cycle for serious and organised crime which identifies
common priorities and operational actions and is overseen by the
Standing Committee for Operational Cooperation on Internal Security
(COSI);
· EU agencies,
notably Europol and Eurojust in relation to cross-border law enforcement
cooperation and prosecution, and Frontex in relation to operational
cooperation at the EU's external borders;
· the
EU Emergency Response Coordination Centre which provides round-the-clock
coordination and support for crisis response and management operations;
· the
use of Joint Investigation Teams to investigate cross-border crimes
complemented, in the customs area, by Joint Customs Operations;
· networks
of national specialist units, such as Financial Intelligence Units
and Asset Recovery Offices to combat money laundering and trace
proceeds of crime;
· the
growing number of Police and Customs Cooperation Centres in border
regions; and
· a range
of judicial cooperation instruments, notably the European Arrest
Warrant and the European Investigation Order, as well as the European
Judicial Network to support the application of these instruments.
6.17 The Commission suggests that there are sufficient
tools to support operational cooperation between Member States
but calls for greater synergies between EU agencies as well as
"more systematic coordination and full use of" existing
tools, notably Joint Investigation Teams.[ 63]
SUPPORTING ACTION
6.18 The Commission highlights the Internal Security
Fund (in which the UK has chosen not to participate) as an important
source of funding for security-related matters. Funding priorities
include updating the national interfaces with the Schengen Information
System, implementing the Prüm framework, strengthening cross-border
operational cooperation, and developing "exit strategies"
for radicalised individuals based on the work of the Radicalisation
Awareness Network. Other possible sources of EU funding are the
Justice Programme (also not available to the UK) and a range of
funding programmes in which the UK does participate, such as Horizon
2020 (research and innovation), European Structural and Investment
Funds (regional policy), the Customs 2020 Programme, and various
external action funding instruments.
6.19 The Agenda underlines the importance of training
in the use of cross-border law enforcement and judicial cooperation
tools, highlighting the role of the European Police College (CEPOL)
and the European Judicial Training Network, as well as the information
available on the e-Justice Portal. The Commission says it will
take forward work to create a European Forensic Area to "foster
cooperation and ensure confidence" in the accuracy and reliability
of forensic data obtained in one Member State and used in criminal
proceedings in another Member State. The Commission also emphasises
the need for a competitive EU security industry to contribute
to the EU's autonomy in meeting security needs and describes work
underway to develop common standards, including on a "privacy
by design" standard to embed high standards of security and
the protection of fundamental rights at the earliest stage of
technological design.
EU PRIORITIES FOR 2015-20
6.20 The Commission considers that the strategic
objectives set out in the EU Internal Security Strategy for 2010-14
remain valid and that the EU should continue to focus its efforts
on three "core priorities" terrorism, serious
and organised cross-border crime, and cybercrime while
retaining sufficient flexibility to respond to new or evolving
security threats.
Tackling terrorism and preventing radicalisation
6.21 The Agenda calls for "a strong response
to terrorism and foreign terrorist fighters" following a
spate of recent terrorist attacks in Europe. It describes work
underway and sets out the following proposed actions:
· establishing
within Europol a European Counter-Terrorism Centre which will
bring together Europol's existing counter-terrorism law enforcement
capabilities (including, by July 2015, a new Internet Referral
Unit to deal with violent extremist online content) and strengthen
the support available to Member States;
· launching
an EU-level forum for IT companies, law enforcement authorities
and civil society to develop tools to counter terrorist propaganda
on the internet and in social media;
· strengthening
measures to track and combat terrorist financing;
· reviewing
the EU's existing legislative framework on terrorism with a view
to introducing more coherent laws to tackle foreign terrorist
fighters and identifying any gaps in the EU's response to online
"hate speech" and incitement to violence;
· re-orienting
existing EU policy frameworks in the field of education and training,
culture, youth and sport to promote social inclusion and prevent
radicalisation;
· tackling
radicalisation in prisons through support for training, disengagement
programmes and exchanges of best practice; and
· establishing
a Centre of Excellence for the existing Radicalisation Awareness
Network to serve as a "knowledge hub" for the detection
and prevention of radicalisation and working more closely with
Turkey and other third countries in the Western Balkans, the Middle
East and North Africa.
Disrupting organised crime
6.22 The Agenda underlines the "huge human,
social and economic costs" associated with serious cross-border
crime, such as people smuggling, human trafficking, drug smuggling
and trading in firearms, as well as the involvement of organised
crime networks in fuelling and financing terrorism and conflict.
The Commission describes the main tools and actors available at
EU level to tackle serious and organised crime and suggests that
they can be strengthened in the following ways:
· strengthening
the involvement of neighbouring third countries in the operational
activities of the EU's Policy Cycle for serious and organised
crime, notably to disrupt criminal networks responsible for the
smuggling of migrants to the EU;
· exposing
the infiltration of the licit economy by organised crime groups
through effective implementation of EU anti-money laundering legislation,
improving the mutual recognition of freezing and confiscation
orders, and reviewing the possibility of common rules for non-conviction
based confiscation of criminal proceeds;
· reviewing
existing legislation on firearms with a view to developing proposals
to improve information-sharing, traceability, marking, and common
standards for neutralising firearms;
· assessing
the progress made in implementing the current EU Drugs Action
Plan and the need for a successor Plan for the period 2017-20;
· strengthening
cooperation with third countries of origin and transit to prevent
and detect the smuggling of migrants;
· building
on the existing EU framework on human trafficking to develop a
coordinated and coherent post-2016 strategy;
· reviewing
existing policies and laws on environmental crime with a view
to strengthening monitoring and enforcement and further approximating
criminal sanctions across the EU; and
· supporting
the work of the European Union Crime Prevention Network and continuing
efforts to combat corruption.
Fighting cybercrime
6.23 The Commission describes cybercrime as "an
ever-growing threat" to fundamental rights, to the economy
and to the development of a digital single market, offering "a
huge potential gain to criminals and a huge potential loss to
citizens".[ 64] The
Agenda emphasises the importance of cybersecurity and the need
for a high level of network and information security. Proposed
action includes:
· rapid
adoption and implementation of the proposed Directive on network
information and security, as well as full implementation of EU
legislation on attacks against information systems and on online
child sexual exploitation;
· possible
updating of EU legislation on fraud and counterfeiting of non-cash
means of payment to take account of new challenges, such as virtual
currencies and mobile payments;
· the
development of Europol's European Cybercrime Centre into a central
law enforcement information hub;
· stronger
international cooperation on cybercrime, including through the
use of external funding instruments to promote cyber capacity
building; and
· a Commission
assessment of obstacles impeding criminal investigation and prosecution
of cybercrime, with a particular focus on jurisdiction and access
to, and admissibility of, evidence.
6.24 The Commission invites the Council and the European
Parliament to endorse its European Agenda on Security ahead
of the European Council on 25-26 June 2015 and calls on Member
States and EU institutions and agencies to use the Agenda as the
basis for their cooperation and joint action for the period from
2015-20.
The Government's Explanatory Memorandum of 3 June
2015
6.25 The Minister agrees with the Commission's assessment
that the strategic objectives set out in the EU Internal Security
Strategy for 2010-14 remain valid and should continue to be pursued
at EU level. He notes that the actions proposed in the Commission
Communication, A European Agenda on Migration in the areas
of human trafficking, people smuggling and border management are
also of direct relevance to internal security and says that the
Government will "press to ensure that organised immigration
crime and related security issues are prioritised".[ 65]
6.26 Turning first to the Commission's proposals
for working better together on security, based on the five principles
described above in paragraph 1 of our Summary, the Minister expresses
caution about the involvement of the EU's Fundamental Rights Agency
in ensuring full compliance with fundamental rights for matters
relating to security. He explains:
"The Government considers it is important
that the Fundamental Rights Agency (FRA) acts within the limits
of its legal remit as set out in its establishing Regulation.
This is limited to the former first pillar (Community law). Consequently,
the Agency does not have a remit to undertake its tasks in the
areas of police and judicial cooperation in criminal matters.
"The Communication states that the impact
of any new initiative on free movement and the protection of personal
data must be fully in line with the proportionality principle,
and fundamental rights. It is the Government's view that the role
of the FRA must be limited to its remit."[ 66]
6.27 The Minister welcomes the Commission's focus
on implementing existing EU measures concerning the exchange of
information and operational cooperation. He provides the following
observations on the tools already available, or under negotiation,
to improve information exchange:
· Schengen
Information System: the UK connected
to the second generation Schengen Information System (SIS II)
on 13 April for law enforcement purposes and supports its further
development, for example, to track and monitor registered sex
offenders, disrupt criminal activity and make better use of fingerprints
to confirm identities.
· Anti-Fraud
Information System: the UK
plays a full and active role in developing
and improving this system, considers to it be an important tool
for promoting mutual administrative assistance in the customs
area, and agrees that Member States should make best use of it,
in accordance with their national laws on information disclosure.
· Prüm
Council Decisions: a full business
and implementation case, carried out in cooperation with other
Member States, Europol and Eurojust, is currently underway to
assess the practical benefits of Prüm and the steps that
would need to be taken if the UK were to seek to participate.
The results will be provided to Parliament by the end of September
2015, followed by a vote before the end of the year.[ 67]
· EU
Passenger Name Records Directive:
the Government fully supports the completion of negotiations on
this proposed Directive, as well as ongoing work on data protection
issues in the context of requests for PNR data from third (non-EU)
countries. The Minister adds that "this needs to be done
at a European level to ensure consistency of approach and clarity
for UK and other carriers".[ 68]
· European
Criminal Records Information System (ECRIS):
the Government welcomes the commitment to improving the sharing
of information on convictions of third country nationals in the
EU and would also like to see "more proactive sharing of
criminal conviction data of those convicted of serious offences
such as terrorism, murder and child sex offences. This
would allow us to police individuals more effectively when they
move between countries post-release".[ 69]
· European
Police Record Index System (EPRIS): the
Minister notes the lack of detail in the Communication, adding
"whilst we support the principle of greater data sharing,
we would need to know more about what is being proposed before
reaching a confirmed position. We would not support any system
which was overly complex and did not contain sufficient safeguards
for the sharing of police data. We know some other Member States
share this concern".[ 70]
6.28 The Minister agrees with the Commission that
the EU Policy Cycle on serious and organised crime provides a
valuable framework for operational cooperation and suggests that
it should be used more by Member States. He continues:
"The UK participates in all EU policy cycle
work streams (each dedicated to a different crime type) and leads
on two key strands, human trafficking and online child sexual
exploitation, and co-leads work on cocaine/heroin flows, excise/missing
trader (MTIC) fraud and criminal use of firearms. We believe this
is a good example of the benefits practical cooperation has over
legislation an example being the joint enforcement operation
'Archimedes' in 2014 and expect it to continue to be a
template for future activity in this area and others."[ 71]
6.29 The Minister offers the following comments on
the tools available at EU level to support operational cooperation
between law enforcement authorities:
· Europol
and Eurojust: the Government agrees
that both EU Agencies play an important role in supporting operational
cooperation and is actively involved in negotiations to reform
their structure, governance and tasks. The Minister reiterates
the Government's opposition to the proposed European Public Prosecutor's
Office (EPPO) and makes clear that the UK will not participate.
· EU
Emergency Response Coordination Centre:
the Government recognises the value of a coordination centre at
European level to bring coherence to EU activity during crises
and emergencies. The Minister emphasises the importance of implementing
recent EU legislation on civil protection, as well as the UK's
support for the Sendai Framework for Disaster Risk Reduction 2015-30.[ 72]
· Joint
Investigation Teams (JITs) and Joint Customs Operations (JCOs):
the Government supports the use of
JITs and JCOs as "an important ready-made framework for cooperation
between Member States in the fight against cross border crime".[ 73]
6.30 The Commission Communication identifies supporting
action, such as training, funding, and research and innovation,
which can also make an important contribution to enhancing internal
security. The Minister notes that the UK has not opted into a
new proposal concerning the European Police College (CEPOL)
an EU Agency that provides training for senior police officers
on cross-border and serious international crime because
of concerns that it would expand CEPOL's remit and create additional
obligations for Member States. He adds:
"The Government believes that the professionalism
of the police and other law enforcement agencies should be led
and developed by those organisations themselves at a national
or local level."[ 74]
6.31 Although not currently participating in the
EU's Internal Security Fund for 2014-20, the Minister says that
any funding to support internal security tasks should be "targeted
to be effective and efficient".[ 75]
The UK does participate fully in the Horizon 2020 programme on
research and innovation and supports its use to "develop
technology and innovation to stay ahead in the ever evolving sphere
of terrorism, serious and organised crime and tackling irregular
or illegal migration".[ 76]
Turning to research in the field of civil protection, the Minister
adds:
"The Government recognises the value of
a strong interface between research and end users, but maintains
it is important that the creation of a knowledge centre and a
community of users complements rather than duplicates or conflicts
with activity already underway within Member States. These initiatives
should include a focus on ensuring appropriate linkages are made
between research activity under various EU funding streams, and
to share widely the output of EU funded work (in civil protection)."[ 77]
6.32 The Government broadly supports the actions
proposed in the Communication for the period 2015-20 to implement
the three strategic objectives relating to terrorism, organised
crime and cybercrime. On terrorism and measures to prevent radicalisation,
the Minister makes the following observations:
· European
Counter-Terrorism Centre at Europol:
whilst acknowledging that its purpose is to streamline and integrate
Europol's counter-terrorism activity, the Minister notes that
national security is reserved to Member States and that the Centre
should not have a role in any operational matters.
· EU
Internet Referral Unit at Europol:
the Government welcomes the establishment of this Unit (by July
2015) and sees its role as "referring terrorist and extremist
content online to industry, for assessment against their own terms
and conditions and subsequent takedown".[ 78]
· EU-level
forum to counter terrorist propaganda: the
Government cautions against any attempt by the forum to expand
EU activity into areas such as encryption, which relate to national
security, or to develop legislative tools.
· Terrorist
finance tracking: the Government considers
that the Terrorist Finance Tracking Programme (TFTP) has proven
its value and that Member States should make active use of its
capabilities. The Government also expects to participate in any
process to create an EU-wide counter-terrorism sanctions regime
for EU "internals", but adds that "any future
proposal should not undermine our domestic
regime or broader counter-terrorism interests".[ 79]
· 2008
Framework Decision on Terrorism: the
UK no longer participates in this Framework Decision but the Government
is "fully supportive of work at international level to create
better national counter-terrorism legislation and best practices
across Members States to increase investigative capability and
the capacity to prosecute terrorist activity".[ 80]
The Government intends to monitor closely any proposed changes
to the Framework Decision to ensure that they reflect UK priorities.
· Radicalisation
Awareness Network: the Government
envisages a role for the Network in sharing best practice between
practitioners and Governments across the EU on countering extremist
ideologies and in providing comparative analysis.
· Countering
radicalisation in prisons: the Minister
notes that the UK has an extensive programme to address offending
behaviour and prevent others from becoming radicalised, has participated
in work carried out by the European Organisation for Prison and
Correctional Services (Europris), and has shared its experiences
with other Member States. He adds that "any further EU action
in this area must fully respect the boundaries of Member State
competence".[ 81]
6.33 The Government welcomes many of the actions
proposed to disrupt organised crime, notably the proposed feasibility
study on non-conviction based recovery of assets, and continuing
EU support for Member States in the fight against illicit drugs
and in tackling organised immigration crime, such as human trafficking
and people smuggling.
6.34 Whilst expressing support for enhanced EU action
on deactivated firearms, the Minister makes clear that EU legislation
should be based on minimum standards to prevent weapons being
reactivated. He expresses a concern that legislation based on
common (rather than minimum) standards could prevent Member States
from implementing stricter measures and responding quickly to
new threats. Alongside legislation, the Government is keen to
take forward "a package of joint non-legislative work"
addressing the external dimension of trafficking in firearms and
the security threat posed by a number of priority source countries.
The Minister expresses disappointment that there is no specific
reference to the need for an effective network to deal with forensic
ballistics information to help trace the use of ammunition and
firearms across borders. He adds:
"As a minimum we are
pressing Member States to
develop a national capability to do this and to establish a single
point of contact through which other Member States and Europol
can share forensic ballistics information."[ 82]
6.35 The Minister urges caution in reviewing existing
legislation on environmental crime:
"The Government considers that the level
and specific nature of sanctions are a matter for Member States,
and that the current 2008 Directive on Environmental Crime provides
a sufficient EU framework for this as it requires Member States
to establish an appropriate sanctions regime for a range of listed
criminal offences."[ 83]
6.36 Finally, on the Commission's third strategic
objective, the Minister underlines the importance of enhancing
Member States' capacity to tackle cybercrime "individually
and collectively", working with the private sector, the EU
Cybercrime Centre at Europol and Eurojust. He expresses the Government's
support, in principle, for the proposed Directive on network information
and security, adding:
"the current focus of negotiations is to
safeguard our national security interests, minimise regulatory
burdens on UK business particularly with regards to reporting
and to ensure that liaison with law enforcement agencies on cyber
incidents is handled at a national level."[ 84]
6.37 The Minister expects the Justice and Home Affairs
Council to agree Conclusions on the renewed EU Internal Security
Strategy at its meeting on 16 June, but explains that they are
likely to reiterate the Council's "key strategic aims"
rather than simply endorse the Commission Communication, and that
the Council's Committee on Internal Security (COSI) will be invited
to develop an operational implementation plan.
Previous Committee Reports
None, but see our earlier Reports on the EU Internal
Security Strategy for 2010-14 are relevant: Eleventh Report HC
428-xi (2010-12), chapter 4 (8 December 2010) and Eighth Report
HC 219-viii (2014-15), chapter 15 (16 July 2014).
52 See p.2 of the Commission Communication. Back
53 The Forum would bring together Member States, the European Parliament,
EU agencies, and representatives of civil society, academia and
the private sector. Back
54 The most relevant EU agencies are Europol, the European Police
College (CEPOL), the EU judicial cooperation agency (Eurojust),
the agency for the management of operational cooperation at the
EU's external borders (Frontex), the European Monitoring Centre
for Drugs and Drug Addiction (EMCDDA) and the agency for large-scale
IT systems (eu-LISA). Back
55 Further details are contained in our 2nd Report, HC-342-ii
(2015-16), chapter 1 (21 July 2015). Back
56 Article 67 TFEU. The area of freedom, security and justice encompasses
policies on visas and border controls, asylum and immigration,
judicial cooperation in civil and criminal matters, and police
cooperation. Back
57 Articles 4 TEU and 72 TFEU. Back
58 Article 276 TFEU. Back
59 The European Council Conclusions of 26/27 June 2014. Back
60 Conclusions of the Justice and Home Affairs Council, 4 December
2014. Back
61 See p.2 of the Commission Communication. Back
62 See p.7 of the Commission Communication. Back
63 See p.10 of the Commission Communication. Back
64 See p.13 of the Commission Communication. Back
65 See para 18 of the Government's Explanatory Memorandum. Back
66 See paras 20-21 of the Government's Explanatory Memorandum. Back
67 The Prüm Council Decisions were amongst the measures which
ceased to apply to the UK on 1 December 2014, following the previous
Government's decision to exercise its block opt-out of pre-Lisbon
EU police and criminal justice measures. The UK is entitled to
seek to opt back into individual measures. For further details,
see our Twenty-first Report of Session 2013-14, HC 683, and our
Seventeenth Report of Session 2014-15, HC 762. Back
68 See para 26 of the Government's Explanatory Memorandum. Back
69 See para 27 of the Government's Explanatory Memorandum. Back
70 Ibid. Back
71 See para 28 of the Government's Explanatory Memorandum. Operation
Archimedes involved 34 participating countries and was coordinated
by Europol. It sought to disrupt the activities of criminal groups
involved in drug trafficking, human trafficking, people smuggling,
organised property crime, and trade in firearms and counterfeit
goods. It resulted in more than 1,000 arrests. Back
72 This is a UN initiative establishing an international framework
for disaster risk reduction, based on voluntary commitments by
participating States and other stakeholders. Back
73 See para 32 of the Government's Explanatory Memorandum. Back
74 See para 33 of the Government's Explanatory Memorandum. Back
75 See para 34 of the Government's Explanatory Memorandum. Back
76 See para 35 of the Government's Explanatory Memorandum. Back
77 See para 36 of the Government's Explanatory Memorandum. Back
78 See para 38 of the Government's Explanatory Memorandum. Back
79 See para 40 of the Government's Explanatory Memorandum. The TFTP
is an Agreement between the EU and the US for the exchange of
financial information to assist in countering terrorism and terrorist
financing. Back
80 See para 41 of the Government's Explanatory Memorandum. This is
one of the measures that ceased to apply to the UK on 1 December
2014 following the previous Government's decision to exercise
its block opt-out of pre-Lisbon EU police and criminal justice
measures. Back
81 See para 43 of the Government's Explanatory Memorandum. Back
82 See para 47 of the Government's Explanatory Memorandum. Back
83 See para 50 of the Government's Explanatory Memorandum. Back
84 See para 52 of the Government's Explanatory Memorandum. Back
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