ZEI Monitor: EU Progress 2014-2019

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Completing the Security Union

• Entry into Force - Schengen Information System (SIS):

On the 28th of November 2018, three pieces of legislation on the Schengen Information System (SIS) came into effect. They are based on Commission proposals from the 21st of December 2016. 

1. Regulation on the establishment, operation and use of the SIS in police and judicial cooperation in criminal matters, amending and repealing Council Decision 2007/533/JHA, and repealing Regulation(EC) No 1986/2006.

2. Regulation on the establishment, operation and use of the SIS in the field of border checks, and amending the  Convention implementing the Schengen Agreement, and amending and repealing Regulation (EC) No 1987/2006

3. Regulation on the use of the SIS for the return of illegally staying third-country nationals

• Entry into Force - eu-LISA:

On the 14th of November 2018, the Regulation on the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA) came into effect, amending Regulation (EC) No 1987/2006 and Council Decision 2007/533/JHA and repealing Regulation (EU) No 1077/2011. The adopted regulation is based on a Commission proposal from the 29th of June 2017. 

• Entry into Force - Anti-Money Laundering Rules Introduced in Criminal Law:

In autumn 2018, three pieces of anti-money laundering legislation came into effect;

1. on the 14th of November 2018, the Regulation on the mutual recognition of freezing orders and confiscation orders, which is based on a Commission proposal from the 21st of December 2016.

2./3. on the 23rd of October 2018, the Regulation on combating money laundering by criminal law and the Regulation on controls on cash entering or leaving the Union repealing Regulation (EC) No 1889/2005.

• Entry into Force - European Travel Information and Authorisation System (ETIAS):

On the 12th of September 2018, the Regulation establishing a European Travel Information and Authorisation System (ETIAS) came into effect.

• Legislative Proposal - Removal of Terrorist Content Online:

On the 12th of September 2018, the European Commission proposed a Regulation on Preventing the Dissemination of Terrorist Content Online. it proposes to a legally binding one-hour deadline for content to be removed following a removal order from a national competent authority. (More)  

• Legislative Proposals - Next long-term EU budget 2021-2027:

On the 13th of June 2018, the European Commission issued two legislative proposals to increase the EU's strategic autonomy, bolster the EU's ability to protect its citizens and make the EU a stronger global actor. The Commission proposed an overall increase in the total current security funding from 3.5 billion to 4.8 billion euro consisting  of: 2.5 billion euro on a reinforced Internal Security Fund (ISF); almost 1.2 billion euro on the safer decommissioning of nuclear actitivies in some member states and 1.1 billion euro for stronger EU security agencies such as Europol. (press release)

1. Internal security: The Proposal for a Regulation on a reinforced Internal Security Fund (ISF) - the key financial instrument to support member states in the area of security - suggests to increase its funding from 1 billion euro to 2.5 billion euro.

2. Defence: a Proposal for a Regulation on a European Defence Fund worth a 13 billion euro to provide financial firepower for cross-border investments in encrypted software and drone technology and other technology. (press release)

• Entry into Force - Anti-money laundering (financial system):

On the 30th of May 2018, the so-called the AMLD5-Directive on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing (AMLD5) came into effect. The original Commission Proposal is from the 5th of July 2016. 

• Legislative Proposals - Electronic Evidence in Criminal Matters:

On the 17th of April 2018, the European Commission also proposed new rules to make it easier and faster for the police and the judicial authorities to obtain the needed electronic evidence (such as emails or documents saved on a cloud) for investigating, prosecuting and convicting criminals and terrorists (press release).

The legislative proposals include: 

1. a Regulation on European Production and Preservation Orders for electronic evidence in criminal matters and

2. a Directive on harmonised rules on the appointment of legal representatives of online service providers for the purpose of gathering evidence in criminal proceedings.

• Legislative Proposals - Anti-Terrorism Measures / Document Fraud:

On the 17th of April 2018, the European Commission - six months after the anti-terrorism package of October 2017 - proposed the following legislative measures: (press release)

1. a Regulation for improved security features of identity cards of Union citizens and of residence documents issued to Union citizens and their family members to curb document fraud;

2. a Directive to cutt off terrorist financing and

3. a Regulation on the marketing and use of explosives precursors.

• On the 24th of January 2018, the European Commission published its Thirteenth Progress Report on the Security Union which assesses the progress made in the priorities of countering radicalisation, enhancing cybersecurity and protecting public spaces. (More)

EU Civil Protection Mechanism

Task Extension: the new European Public Prosecutor's Office

For more information on the legal basis of the European Public Prosecutor Office (EPPO), check out the ZEI Monitor for October 2017 below.

• Extension of competences: On the 12th of September 2018, the European Commission issued a Communication proposing the extension of the European Public Prosecutor's tasks to cross-border terrorist crimes. The proposal accompanied President Juncker's 2018 State of the Union Speech and comes ahead of the leaders' meeting in Salzburg on the 19th / 20th of September 2018.

• Selection panel: On the 31st of July 2018, the European Commission proposed  a  Council Implementing  Decision  for  the  appointment of the members of the selection panel. This panel will be responsible for the appointment of the European Chief Prosecutor and European Prosecutors according to Article 14(3) of  Regulation (EU) 2017/1939 on the European Public Prosecutor's Office (EPPO).   

Initiative to strengthen the enforcement of the rule of law in the European Union

• Rule of Law Backsliding in Poland: On the 24th of September 2018, the European Commission decided to refer Poland to the Court of Justice of the EU due to the violations of the principle of judicial independence created by the new Polish Law on the Supreme Court, and to ask the Court of Justice to order interim measures until it has issued a judgment on the case. (More)

• Legislative Proposal - Rule of Law Mechanism in the Long-Term Budget 2021-2027:

On the 2nd of May 2018, the European Commission put forward a proposal for the EU budget between 2021 and 2027 to protect the EU's funding from rule of law deficiencies. To achieve this, the Commission issued a Regulation Proposal for a new Mechanism to shield the EU's budget from financial risks linked to generalised deficiencies regarding the rule of law in member states such as Poland and Hungary. The new proposed tools would allow the Union to suspend, reduce or restrict access to EU funding in a manner proportionate to the nature, gravity and scope of the rule of law deficiencies. Such a decision would be proposed by the Commission and adopted by the Council through reverse qualified majority voting (RQMV). (More)

Data Protection Package (continued from 2017)

• Entry into Force - Protection of Personal Data by EU Institutions:

On the 23rd of October 2018, the Regulation on the Protection of Personal Data by EU institutions with regard to the processing of personal data of natural persons by the Union institutions, bodies, offices and agencies and on the free movement of such data came into effect, repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC. The adopted Regulation (EU) 2018/1725 is based on a Commission proposal from the 10th of January 2017.  

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Data Protection Package

• Charter of Fundamental Rights: On the 18th of May 2017, the European Commission published its Annual Report on the application of the EU Charter of Fundamental Rights, highlighting specific legislative progress in 2016:
  

1. the Proposal for a Regulation for the protection of children in cross-border parental responsibility disputes (Brussels IIa regulation) 

2. agreed on a Code of Conduct on countering illegal hate speech online with Facebook, Twitter, YouTube and Microsoft;

3. the final adoption of the General Data Protection Regulation (GDPR) on the 27th of April 2016, which established one single set of rules giving people easier access to their own personal data, a right to data portability, a clarified “right to be forgotten”, and certain rights in case of a data breach.

4. the Commission Implementing Decision on the EU - U.S Privacy Shield on the 12th of July 2016 to better protect Europeans' personal data when it is transferred to the U.S. (More)

• Legislative Proposals - Privacy in electronic communications:

On the 10th of January 2017, the European Commission proposed new legislation to ensure stronger privacy in electronic communications, while opening up new business opportunities. (press release)

1. a Proposal for a Regulation on Privacy and Electronic Communications

2. a Proposal for a Regulation on the Protection of Personal Data by EU Institutions and Bodies

Progress towards and effective and genuine Security Union

• Legislative Proposals - Interoperability of Security and Asylum Information Systems:

On the 12th of December 2017, the European Commission tabled two legislative proposals to close existing information gaps between security, border and migration authorities. (press release)

First, a Proposal for a Regulation establishing a framework for interoperability between EU information systems in police and judicial cooperation, asylum and migration.

Second, a Proposal for a Regulation on establishing a framework for interoperability between EU information systems with regard to borders and visa.

• Prevention of terrorism / protection of public spaces: On the 18th of Oktober 2017, the European Commission put forward its 11th Progress Report on the Security Union and presented new measures for the protection of EU citizens: (press release)

Two Action Plans:

1. the Action Plan to support the protection of public spaces

2. the Action Plan to enhance preparedness against chemical, biological, radiological and nuclear security risks

Three non-legislative proposals for Council Decisions:

1. on the conclusion, on behalf of the European Union, of the Council of Europe
Convention on the Prevention of Terrorism (CETS No. 196)

2. on the conclusion, on behalf of the European Union, of the Additional Protocol
supplementing the Council of Europe Convention on the Prevention of Terrorism
(CETS No. 217)

3. authorising the opening of negotiations on an Agreement between the European Union
and Canada for the transfer and use of Passenger Name Record (PNR) data to prevent
and combat terrorism and other serious transnational crime 

• Entry into Force - European Public Prosecutor Office (EPPO)

On the 12th of October 2017, the Council Regulation (EU) 2017/1939 implementing the enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the  EPPO’) went into force. The EPPO shall be responsible for investigating, prosecuting and bringing to judgment the perpetrators of, and accomplices to, criminal offences affecting the financial interests of the Union which are provided for in Directive (EU) 2017/1371 and determined by this Regulation. In that respect, the EPPO shall undertake investigations, and carry out acts of prosecution and exercise the functions of prosecutor in the competent courts of the member states, until the case has been finally disposed of. The Regulation is based on a legislative proposal by the Barroso Commission from the 17th of July 2013.

• Legislative Proposal - Restricting the trafficking of cultural goods - terrorist financing:

On the 13th of July 2017, the European Commission proposed a Regulation on the Import of Cultural Goods to establish new rules for restricting the illegal import and trafficking of cultural goods from outside the EU, often linked to terrorist financing and other criminal activity. The Regulation marks one of the final steps set out in the Commission's Action Plan against terrorist financing on the 2nd of February 2016. (More)

• Legislative Proposals - Interoperability of security systems:

In an attempt to deliver on its commitment to ensure interoperability and address the existing shortcomings of EU information systems for security and border management, the European Commission on the 29th of June 2017 put forward two legislative proposals: (press release)

1. a Regulation to strengthen the mandate of eu-LISA (the EU Agency for the operational management of large scale IT systems), enabling it to develop and roll-out the technical solutions to make the EU information systems interoperable.

2. a Regulation for establishing a centralised system for the identification of member states holding conviction information on third country nationals and stateless persons (TCN) to supplement and support the European Criminal Records Information System (ECRIS-TCN system). 

• Entry into Force - Anti-Money Laundering Legislation:

On the 26th of June 2017, the Fourth Anti-Money Laundering Directive entered into force. Until the 26th of June, EU member states had to transpose the Directive into national law. This legislation goes back to a Proposal by the Barroso Commission from the 5th of February 2013. (More)

• European Investigation Order:

Until the 22th May 2017, EU member states had to transpose the Directive on the "European Investigation Order in Criminal Matters" (EIO) into national law. The EIO aims to accelerate cross-border criminal investigations. For instance, if French judicial authorities are tracking terrorists hidden in Belgium, they can ask their Belgian counterparts to interrogate witnesses or conduct house searches on their behalf. The EIO-Directive goes back to a proposal in April 2010 by a group of seven EU member states: Austria, Bulgaria, Belgium, Estonia, Slovenia, Spain and Sweden. (More)

• Entry into Force - Weapons' Control Directive:

On the 17th of May 2017, the Directive on Control of the Acquisition and Possession of Weapons (amending Council Directive 91/477/EEC) came into effect. The Directive goes back to a legislative proposal by the European Commission presented on the 18th of November 2015.

• Entry into Force - Europol:

On the 1st of May 2017, the Regulation on Europol (European Union Agency for Law Enforcement Cooperation) came into effect. It goes back to a legislative proposal issued by the Barroso Commission on the 27th of March 2013.

• Entry into Force - Anti-Terrorism Directive:

On the 20th of April 2017, the Directive on Combating Terrorism came into force. It goes back to a proposal by the European Commission on the 2nd of December 2015 (see ZEI Monitor 2015).

EU Accession to the European Convention on Human Rights

A European Security Agenda 2015-2020

• Legislative Proposal - European Border and Coast Guard Agency (Frontex):

On the 15th of December 2015, the European Commission issued a Proposal for a Regulation on the establishment of a "European Border and Coast Guard Agency", thereby expanding the mandate of Frontex. (More)

• Legislative Proposal - EU Aviation Safety Agency:

On the 7th of December 2015, the European Commission presented a Proposal for a Regulation on the establishment of a European Union Aviation Safety Agency defining common rules in the field of civil aviation.

• Legislative Proposal - Anti-Terrorism Directive:

On the 2nd of December 2015, the European Commission proposed a package of measures to step up the fight against terrorism and the illegal trafficking of firearms and explosives. (Press release)

The package includes two main measures:

1. a Proposal for a Directive on Combating Terrorism, which will strengthen the EU's arsenal in preventing terrorist attacks by criminalising preparatory acts such as training and travel abroad for terrorist purposes as well as aiding or abetting, inciting and attempting terrorist acts. It implements into EU law international obligations, such as the provisions of the UN Security Council Resolution 2178(2014) on Foreign Terrorist Fighters, the recently adopted Additional Protocol to the Council of Europe Convention on the Prevention of terrorism and the Financial Action Task Force Recommendations on terrorist financing.

2. an Action Plan against Illicit Trafficking and the Use of Firearms and Explosives to establish a reinforced control of illicit possession and import to the EU. 

• Legislative Proposals - Control of Weapons' Acquisition:

On the 18th of November 2015, the European Commission presented two measures to restrict the acquisition and possession of weapons following the terrorist attacks in Paris on the 13th of November 2015: (Press release)

1. It issued a Proposal for a Directive on Control of the Acquisition and Possession of Weapons, amending Council Directive 91/477/EEC.

2. It formally adopted a Commission Implementing Regulation on common minimum standards for the deactivation of firearms following a positive vote on the draft Regulation by EU member states in a comitology committee on the 18th of November 2016. The minimum standards are based on the criteria for deactivation developed by the Permanent International Commission for the Proof of Small Arms (the CIP).

• European Agenda on Security: On the 28th of April 2015, the European Commission presented a European Agenda on Security for the period 2015-2020 to support Member States' cooperation in tackling security threats and step up common efforts in the fight against terrorism, organised crime and cybercrime. The Agenda sets out the concrete tools and measures which will be used in this joint work to ensure security and tackle these three most pressing threats more effectively. (More)
  
  

Fact Sheet

Cybersecurity at EU and national level – the expansion of economic policy by Jan-David Blaese No. 65 June 2019 (Download)

Securing the Ever-Closer Union: Supranational Policy Entrepreneurship in Counter-Terrorism and Implications for the European Arrest Warrant by Patrick Tonissen No. 59 October 2018 (Download)

Integrating the Western Balkans: the Rule of Law Challenge by Dr. Taulant Hasa No. 53 April 2018 (Download)

A new direction in the EU’s fight against terrorism? by Katharina Boldt No.34 January 2016 (Download)

The European Agenda on Security: Protection of what? A literature review by Matthias Vogl No.28 August 2015 (Download)

Survey of recent developments and academic discussion: Justice and Fundamental Rights by Prof Henri de Waele No. 7 December 2014 (Download)