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
In order for state protection departments to be able to cooperate better at EU level in the area of politically motivated crime, they need common definitions of the persons to be prosecuted. A corresponding initiative to this end comes from Germany. This way, threats are prosecuted that have not even occurred yet.
Under the Treaty on the Functioning of the European Union, neither the Commission nor the Council has powers to coordinate intelligence services. Nevertheless, for the past five years the police agency Europol has been „exploring“ ever closer cooperation with the European „Counter Terrorism Group“ (CTG), in which the domestic services of all Schengen states work together. The EU’s „Intelligence Analysis Centre“ INTCEN in Brussels, which should actually only read secret service reports from the member states, is also being given further powers.
In order to be able to observe and, if necessary, prosecute target persons by police forces and intelligence services alike, a new category must be created. For the police traditionally deal with suspects or accused of a crime, police laws in Germany also know the category of „Gefährder“ who are accused of a concrete, perceivable danger. Intelligence work, on the other hand, is based on the mere suspicion that someone might pose a danger in the future. „Controversial term: German Ministry of the Interior sneaks „Gefährder“ into the EU“ weiterlesen
A high-ranking EU advisor has drawn up recommendations for the Council and the Commission on how to deal with evacuees and refugees from Afghanistan. The focus is on more cooperation with secret services and NATO.
The European Union’s anti-terrorism coordinator proposes 22 measures for dealing with Afghan refugees. An action plan, published by the British organisation Statewatch, addresses the four areas of security controls, strategic intelligence, countering propaganda as well as terrorist financing.
The recommendations by the Belgian Gilles de Kerchove are based on a declaration by the EU interior ministers on 31 August. There, flight and migration from Afghanistan are seen primarily as a security problem. „Action plan on Afghanistan: Europol to hire evacuated staff from Kabul“ weiterlesen
After 14 years, the Council wants to recruit a new Counter-Terrorism Coordinator. Her remit will be expanded to include hybrid threats and cybersecurity. The Commission is also creating such a post.
The member states united in the European Council want to fill the position of the Counter-Terrorism Coordinator (CTC). The Council Secretariat has sent out an internal call for applications, the deadline is 15 June. The appointment will be made by the EU High Representative for the Common Foreign and Security Policy after consensus in the Council. The post is limited to five years, but a single reappointment is possible.
The creation of a CTC was decided by the then EU member states after the terrorist attacks of 11 March 2004 in Madrid as part of a declaration on the fight against terrorism. It is at the highest political level of the European Union. The post was first held by the Dutchman Gijs de Vries, and in 2007 the Belgian Gilles de Kerchove was appointed. „Council and Commission: EU seeks two high-level security coordinators“ 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
The Police Working Group on Terrorism (PWGT) consists of the political departments of police authorities in all Schengen states. The informal group was established in 1979 as a response to left-wing armed movements. After their disappearance, the purpose of the PWGT was expanded to include „political violent activities“.
Together with police authorities from the Netherlands, Belgium and Great Britain, the German Federal Criminal Police Office (BKA) started the European „Informal Terrorism Working Group“ in 1979. The founding date was 25 and 26 April, prompted by attacks by armed left-wing groups in various European countries. One month earlier, the British ambassador Richard Sykes was killed in The Hague. The Irish IRA claimed responsibility, initially, however, the police also considered the involvement of Palestinian groups or the German RAF possible.
Before Margaret Thatcher was elected British Prime Minister in May 1979, the Irish National Liberation Army killed her future Northern Ireland Minister with a car bomb. In Germany at that time, IRA commandos carried out attacks on British soldiers, in Belgium the RAF tried to blow up the NATO supreme commander in Europe. This was reason enough for the BKA’s „Terrorism“ department, like the left-wing movements, to do better in international networking. „European police networking in the twilight“ 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
Although this violates EU treaties, the police agency Europol is to cooperate closely with secret services. This involves lists of suspicious persons originating from third countries. The individuals listed there will then be discreetly searched for throughout Europe.
In fact, the European Union has no competence to coordinate the secret services of the Member States. In the case of Germany, this would also violate the principle of separating the tasks of police and services. Nevertheless, the German EU Presidency is now for the first time pushing for operational cooperation coordinated by Europol.
The German proposal for a „coordinated approach“ deals with covert searches for persons under Article 36 of the SIS II Council Decision, which are based on lists of secret services such as the USA, but also from North Africa or the Western Balkans. They are to be entered into the Schengen Information System (SIS II), to which third countries do not have access. Only the 26 EU Member States involved, Iceland, Norway, Liechtenstein and Switzerland may issue such alerts. „German proposal: Prohibited EU secret service cooperation through the back door“ weiterlesen
30 European domestic secret services cooperate with the foreign services Mossad and CIA. With other authorities of the „Five Eyes“, the „Club de Berne“ exchanges information on „non-Islamic terrorism“ and „right-wing and left-wing extremism“. Governments like Germany have so far kept these details secret.
The „Club de Berne“, in which directors of domestic secret services of the EU member states as well as Norway and Switzerland are organized, has grown into a worldwide network. Jan Jirát and Lorenz Naegeli report this in the online edition of the Swiss „Wochenzeitung“, citing a secret document dated 2011. The „Club de Berne“ is thus involved in an international exchange of information with authorities in several continents.
The informal „Club de Berne“ was founded in 1969 by initially nine heads of secret services. Even then, following research by Aviva Guttmann, the European services cooperated with Israeli partners Shin Bet and Mossad as well as the US FBI. The networking was done via a cable system called „Kilowatt“. „Secret documents: European domestic intelligence services networking worldwide“ weiterlesen