European Commission adopts internal security strategy

The “EU Internal Security Strategy in Action” adopted today comprises 41 actions to be regulated in the coming four years and is imed at implementing the extra powers in the field of home affairs acquired by the EU once the Lisbon Treaty came into force. It also responds to requests from the European Parliament to have EU-based data extraction and analysis on bank transactions to terrorist organisations, instead of sending all the banking data to the US, where such a programme has existed since 2001. Read COM(2010) 673 final here.

The EU Internal Security Strategy in Action identifies five strategic objectives and outlines a series of actions for each of them:

1. Disrupt international crime networks
– To identify and disrupt criminal networks, it is essential to understand their members’ methods of operating and their financing, the Commission says.

The Commission will therefore propose in 2011 EU legislation on the collection of Passenger Name Records of passengers on flights entering or leaving the territory of the EU. These data will be analysed by the authorities in Member States to prevent and prosecute terrorist offences and serious crimes.

– The Commission also suggests to revise the EU anti-money laundering legislation and setting up joint investigation teams

The Commission will propose legislation in 2011 to strengthen the EU legal framework on confiscation as well.

2. Prevent terrorism and address radicalisation and recruitment
The Commission stresses that the core of the action on radicalisation and recruitment is – and should remain –
at national level.

By 2011, and in partnership with the Committee of the Regions, the Commission will promote the creation of an EU radicalisation-awareness network.This network will consist of policy makers, law enforcement and security officials, prosecutors, local authorities, academics, field experts and civil society organisations, including victims groups. The Commission will also support the work of civil society organisations which
expose, translate and challenge violent extremist propaganda on the internet.

The Commission will in 2012 organise a ministerial conference on the prevention of radicalisation and recruitment at which Member States will have the opportunity to present examples of successful action to counter extremist ideology.

More importantly the Commission will in 2011 consider devising a framework for administrative measures under Article 75 of the Treaty as regards freezing of assets to prevent and combat terrorism and related activities, and it will develop a policy for the EU to extract and analyse financial messaging data held on its own territory.

3. Raise levels of security for citizens and businesses in cyberspace
– Establishment of an EU cybercrime centre (2013).
– Establishment of a network of Computer Emergency Response Teams (CERT) (2012).
– Establishment of a European information sharing and alert system, EISAS (2013).

The Commission adds:

The handling of illegal internet content – including incitement to terrorism – should be tackled through guidelines on cooperation, based on authorised notice and take-down procedures, which the Commission intends to develop with internet service providers, law enforcement authorities and non-profit organisations by 2011. To encourage contact and interaction between these stakeholders, the Commission will promote the use of an internet based platform called the Contact Initiative against Cybercrime for Industry and Law Enforcement.

4. Strengthen security through border management
– Establishment of European external border surveillance system, EUROSUR (2011).

EUROSUR will establish a mechanism for Member States’ authorities to share operational information related to border surveillance and for cooperation with each other and with Frontex at tactical, operational and strategic level. EUROSUR will make use of new technologies developed through EU funded research projects and activities, such as satellite imagery to detect and track targets at the maritime border, e.g. tracing fast vessels transporting drugs to the EU.

According to EU observer “Eurosur is likely to spark controversy among human rights groups
pointing to the fallacy of mashing together asylum seekers and irregular
migrants with traffickers and organised crime lords. “

– Better analysis to identify ‘hot spots’ at the external borders (2011).
– Joint reports on human trafficking, human smuggling and smuggling of illicit goods as a basis for joint operations (2011).

The Commission shrewdly states that Frontex should be able to process personal data.

During its operations, Frontex comes across key information on criminals involved in trafficking networks. Currently, however, this information cannot be further used for risk analyses or to better target future joint operations. Moreover, relevant data on suspected criminals do not reach the competent national authorities or Europol for further investigation. Likewise, Europol cannot share information from its analytical work files. Based on experience and in the context of the EU’s overall approach to information management, the Commission considers that enabling Frontex to process and use this information, with a limited scope and in accordance with clearly defined personal data management rules, will make a significant contribution to dismantling criminal organisations. However, this should not create any duplication of tasks between Frontex and Europol.

5. Increase Europe’s resilience towards crises and disasters
– Proposal on the implementation of the solidarity clause (2011).
– Proposal for a European Emergency Response Capacity (2011).
– Establishment of a risk management policy linking threat and risk assessments to decision making (2014).

The Commission will submit an annual progress report to the European Parliament and the Council. The Commission will support the Standing Committee on Operational Cooperation on Internal Security, COSI, which will play a key role in ensuring the effective implementation of the strategy.

Implementing the strategy: the role of COSI
The Commission will support the activities of the Standing Committee on Operational Cooperation on Internal Security (COSI) to ensure that operational cooperation is promoted and strengthened, and that coordination of the action of Member States’ competent authorities is facilitated.

Comments
Commissioner Malstrom:

“EU internal security has traditionally been following a silo mentality, focusing on one area at a time. Now we take a common approach on how to respond to the security threats and challenges ahead. Terrorism, organised, cross-border and cyber crime, and crises and disasters are areas where we need to combine our efforts and work together in order to increase the security of our citizens, businesses, and societies across the EU. This strategy outlines the threats ahead and the necessary actions we must take in order to be able to fight them. I encourage all relevant actors to take their responsibility to implement these actions and thereby to strengthen EU security”, said Cecilia Malmström, Commissioner for Home Affairs.

Background
In February 2010, the Spanish EU Presidency outlined the security challenges for the EU in an Internal Security Strategy (“Towards a European Security Model“), and called on the Commission to identify action-oriented proposals for implementing it.

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