Despite Brexit, British police can influence surveillance laws in the EU. The country is also represented in European secret service circles.
Notwithstanding its exit from the European Union, the British police will remain a member of a Standing Heads of Lawful Interception Units based at Europol. The UK is represented there by the National Crime Agency. This was confirmed by the EU Commissioner for Home Affairs, Ylva Johansson, in her answer to a parlamentary question by the pirate Patrick Breyer. The UK is thus the only third country in the group, which otherwise consists exclusively of EU members and the Schengen states Norway, Switzerland and Iceland.
The working group of the departments on telecommunications surveillance had once been founded as a strategic „5G Expert Group“ on the initiative of the German Federal Criminal Police Office. It was supposed to give the authorities access to the new telephone standard, which was actually tap-proof. After this was successfully pushed through in the European and international standardisation bodies ETSI and 3GPP, the group was given a new name and new tasks in October 2021. It is now to ensure that the needs of law enforcement agencies are taken into account when amending surveillance laws at EU level and in the member states. „Encrypted communication: UK remains member of EU interception group“ weiterlesen
With several police actions, the riparians of the English Channel want to prevent unwanted crossings of migrants. German authorities plan internet campaigns against the sale of inflatable boats and engines. After Brexit, the UK is taking part in these measures funded by the Council of the EU.
Up to 27,000 people may have crossed the English Channel into Britain without passport checks this year alone, tripling their numbers from last year. Crossings in rubber dinghies sometimes take place several times a day and usually very early in the morning, with popular departure points being the French coasts of Bray-Dunes and Dunkirk on the Belgian border.
Britain and France had already concluded several agreements on joint migration control. The government in London recently paid 63 million Euros for the expansion of French patrols, the further doubling of police forces deployed there, comprehensive surveillance technology also in the air as well as floating barriers at port facilities and estuaries. In light of the accident with 27 deaths this Wednesday, the British Prime Minister Boris Johnson is demanding even more efforts from French President Emmanuel Macron.
„Crossings to the UK: EU police to install hidden cameras on French and Belgian beaches“ weiterlesen
The British exit from the European Union strengthens cooperation in informal circles. One of these questionable alliances is now launching measures to decrypt secure communications. This also involves the US government.
With Brexit, the UK has left the „European area of Freedom, Security and Justice“. From the EU’s point of view, the Kingdom became a third country, which can still participate in various measures of the Schengen states via a „Trade and Cooperation Agreement“. However, the government no longer has any say at EU level.
Nevertheless, according to a statement by the British Home Office, the country remains part of the „G6 Group“, in which the interior ministers of the six most populous EU member states have organised themselves for 18 years. The agenda of the most recent meeting at the end of March included the prevention of immigration. Home Secretary Priti Patel presented „landmark changes“ to the British asylum system. By „intelligence and expertise“, the Kingdom’s authorities wanted to „tackle illegal migration across the continent“. „Cryptowars and migration: Great Britain continues to influence EU policy“ weiterlesen
British authorities continue to participate in many EU instruments in the area of justice and home affairs, and cooperation in some cases even goes further than with the Schengen states Norway, Iceland or Switzerland. The exit from Europol and the Schengen Information System could strengthen the secret services.
With its withdrawal from the European Union, the UK will have left the „European Area of Freedom, Security and Justice“ as of 1 January 2021, and the country will become a third country from the EU’s perspective. This will also end cooperation within the framework of the Schengen Agreement. The government in London will lose its place as one of the most important partners in the EU security architecture. The loss of participation in the Schengen Information System (SIS II) will probably weigh heavily in the UK. In 2019, British police forces and intelligence services had around 37,000 persons and 4.5 million objects stored there. Many covert Article 36 alerts, which allow police and domestic intelligence to track the movements of wanted persons across the EU, also originated in the UK.
However, British authorities are to be allowed to continue to participate in important EU information systems in the area of Justice and Home Affairs (JHA) and also to cooperate with agencies. These are the provisions of the provisional „EU-UK Trade and Cooperation Agreement“ (TCA), which the parties negotiated at the last minute before the turn of the year. „Privileged third country: EU security cooperation with Great Britain after Brexit“ weiterlesen
Frontex should actually control the new EU external borders at the Rock of Gibraltar. According to an EU paper, however, the Guardia Civil will take over border tasks there for the first time. In addition to maritime surveillance, this concerns queries of the Schengen Information System or the new EU travel register ETIAS and the imposition of entry bans into the British exclave.
Literally at the last minute, the European Commission and the UK have agreed on a post-Brexit deal. The Trade and Cooperation Agreement concluded on 31 December regulates numerous aspects of future coexistence. Among other things, fishing quotas, but also the uncontrolled border crossing between the British Northern Ireland and the EU member Ireland were disputed until the end.
Brexit also has far-reaching effects on Gibraltar. However, the overseas territory, which has belonged to Great Britain for over 300 years, appears in the agreement exactly once: According to the final provisions, its regulations „shall neither apply to Gibraltar nor have any effects in that territory“. The small town at the Rock is therefore also not part of the EU Customs Union and the Schengen area. Spain would thus have had to introduce border controls on goods and people from Gibraltar from 1 January 2021. This is a major problem in the region, as every day around 15,000 people commute from Spain to work at the crossing in the small town of La Linea to the much richer Gibraltar. „Spain wants to station its gendarmerie in Gibraltar“ weiterlesen
British authorities retain access to the EU-wide exchange of PNR data and are allowed to query biometric records in EU member states. Additional agreements regulate close cooperation with Europol and the rapid extradition of wanted persons. However, the UK must leave Europe’s largest manhunt database.
Even after Brexit, Britain retains an important place in the European Union’s security architecture. The Trade and Cooperation Agreement presented by the EU Commission and the British government at Christmas reaffirms the „need for strong cooperation between national police and judicial authorities“.
Among the „areas of mutual interest“ are law enforcement and judicial cooperation in criminal and civil matters. To combat and prosecute cross-border crime and terrorism, British authorities may continue to participate in important EU information systems and also cooperate with agencies. Each of the new forms of cooperation is subject to the obligation to respect the European Convention on Human Rights. There is no way to involve the European Court of Justice for legal action concerning any of the measures foreseen in the Trade and Cooperation Agreement. „Brexit agreement: Close EU police cooperation with the UK continues“ weiterlesen
Because of serious breaches, British participation in Europe’s SIS II should have been terminated long ago. With two years delay, the Commission now made proposals to remedy the shortcomings. This fuels the suspicion that the country should continue to participate in the database despite having left the EU.
The Schengen Information System (SIS II) is the largest European information system and currently contains around 90 million entries. In 2015, the EU Commission has granted access to Great Britain. However, the country is not a member of the Schengen Agreement, which regulates the abolition of border controls within the European Union, nor does it implement the free movement of persons. For this reason, British authorities are not allowed to enter or query data in the SIS II concerning irregular migration.
But Great Britain is misusing the SIS II on a large scale. The European Commission is aware of, but does not want to talk openly about it. This emerges from the reply to a parliamentary question and leaked documents on the UK implementation of the SIS II rules. Nevertheless, British authorities were given green light in 2018 to still participate in the database. „Classified documents: Great Britain has been massively violating Schengen rules for years“ weiterlesen
The Schengen Information System allows alerts to be issued for „discreet checks“; the persons concerned should not be informed of this if possible. The number of these Article 36 searches has been increasing significantly for years. French and British police and intelligence services are mainly responsible for this.
The number of secret alerts in the Schengen Information System (SIS II) rose sharply last year as well, writes the German Federal Ministry of the Interior. This is possible according to Article 36 of the SIS II Council Decision, which enables alerts to be issued for „discreet checks“ or „specific checks“. If the persons concerned are found within the Schengen area, they are reported to the authority issuing the alert. National police laws also permit such measures, but not across borders. „Again strong increase for secret searches in Europe’s largest police database“ weiterlesen
The market for border surveillance is booming. Two German companies are among the winners of the European policy sealing off their „blue borders“. The manufacturers of drones, radar systems and video surveillance can also be pleased.
Border authorities in France now observe ship movements in the English Channel with German technology. A ship tracking system near the port of Calais will be used. The system with the name „STYRIS“ was developed by Signalis and is located in a control centre at Cap Gris-Nez. Signalis is a merger of the armament groups Airbus and ATLAS Elektronik and specializes in the surveillance of maritime borders.
The British coastal town of Dover is only about 30 kilometres from the lighthouse at Cap Gris-Nez. More and more often, the British and French police report migrants trying to cross the English Channel in small boats. In 2018 French authorities counted 71 crossings, according to which 31 attempts failed. A total of 276 migrants successfully traversed the North Sea and 228 people were stopped. Since November, crossings had reportedly quadrupled. Most of the migrants came from Iran. „Arms companies benefit from migration in the English Channel“ weiterlesen
The Treaty of Amsterdam gives the United Kingdom the right to decide on its involvement in EU legislation in the area of justice and home affairs on a case-by-case basis (opt-in/opt-out). Alongside police and judicial cooperation on criminal matters, this applies to the external borders, asylum, migration and cooperation on civil matters. Thus, the United Kingdom opted out of the Blue Card Directive, the Directive on the status of third-country nationals who are long-term residents and the Directive on the return of third-country nationals, for example. This means that the authorities cannot access the Visa Information System.
At the same time, however, the British government benefits from individual legislative acts to combat and prevent undesired migration. British authorities are not part of Frontex, yet take part in Frontex measures via bilateral agreements (e.g. joint deportations). „The United Kingdom will have to withdraw from Europol by next spring“ weiterlesen