Privileged third country: EU security cooperation with Great Britain after Brexit

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

Behavioural analysis and Twitter check: EU security research tests new „lie detector“ for border control

The EU Court of Justice is to decide how extensively the Commission must inform about a research project sensitive to fundamental rights. The decision is of great significance, because the successor to iBorderCtrl, which has long been terminated, is also problematic.

Last week, the European Court of Justice (ECJ) in Luxembourg heard a case on the disclosure of the EU security research projec iBorderCtrl. It was supposed to develop a system for quick and easy border control. Travellers are thereby screened for suspicious behaviour with a risk analysis. It is not known how the platform will implement this in concrete terms. That is why MEP Patrick Breyer, who sits in the Brussels Parliament for the Pirate Party, has sued the EU Commission for more transparency.

From 2023, the EU will put into operation a „Travel Information and Authorisation System“ (ETIAS) in which entries must be declared before crossing the border. This affects all third-country nationals, even if they do not require a visa. iBorderCtrl is one of the projects that should develop or improve individual components of the ETIAS. This includes the fusion and analysis of as much traveller data as possible. „Behavioural analysis and Twitter check: EU security research tests new „lie detector“ for border control“ weiterlesen

Brexit agreement: Close EU police cooperation with the UK continues

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

European Commission finds shortcomings in the implementation of the Passenger Name Record Directive

Only two EU Member States have not yet implemented the EU PNR Directive, and almost all of them also use it for flights within the European Union. There are problems with data protection and data quality. Regardless of the lawsuits before the European Court of Justice, the EU Commission is working on an extension.

Four years ago, the European Union adopted the „EU Passenger Name Record (PNR) Directive“. In order to prevent, detect, investigate and prosecute terrorist offences and serious crime, the 26 EU member states participating in the directive are to set up a Passenger Information Unit (PIU), which will receive extensive data records on passengers from the airlines when they book and board flights. The European Commission has now submitted a report on the implementation of the measures, as required. „European Commission finds shortcomings in the implementation of the Passenger Name Record Directive“ weiterlesen

EU Presidency: German government wants to use passenger data to track corona infections

In an EU-wide survey, the German Interior Ministry is examining how passenger data could be processed in the fight against the Covid 19 pandemic. This would require a change in the PNR directive. Possibly this would also affect bus and train travel.

On 1 July, Germany took over the EU Council Presidency in rotation. As one of the first initiatives in the area of Justice and Home Affairs, the German Ministry of the Interior is proposing to use passenger name records (PNR) collected from airlines to track Covid-19 infections. To this end, the government has sent a questionnaire to all other EU member states.

PNR data includes all information that travellers leave behind when booking and checking in with an airline, including names and contact details, credit card numbers, IP and e-mail addresses, hotels booked, fellow travellers and food preferences. This information is transmitted twice by the airlines to the relevant authorities in the destination country: when booking and when boarding the aircraft. „EU Presidency: German government wants to use passenger data to track corona infections“ weiterlesen

Customs Union: 27 countries „work together as if they were one“

Customs authorities are seen as „gatekeepers of EU borders for the flow of goods“. They increasingly rely on „risk analysis“ and new information systems. Now the EU customs cooperation with police and border authorities will be enhanced.

Since 1968, the European Economic Community has been a Customs Union for industrial products, and from 1970 for agricultural products as well. All customs formalities at the internal borders of the member states have been dropped. Even the level of customs duties at the external borders, on which all countries had previously decided on their own responsibility, has since been regulated by a common customs tariff.
The framework for today’s EU customs union is the Union Customs Code (CCC) adopted in 1992. It provides uniform rules for customs tariffs on imports from outside the EU. The European Commission constantly proposes updated customs regulations and monitors their implementation. The Directorate-General for Taxation and Customs Union (TAXUD) in Brussels has responsibility for this. It also operates the tariff system (TARIC3), which displays the current rates.

Customs duties are generally paid where the goods first arrive. The revenue generated is considered the EU’s „traditional own resources“ and covers around 14 percent of its total budget. The member states retain 20 percent of this amount for expenses incurred by their customs authorities and their control activities. In 2016, for example, the EU collected around 25 billion euros in customs duties, leaving 20 billion after deduction of national expenditure. In the last three years, around four billion euros of the total revenue came from Germany. „Customs Union: 27 countries „work together as if they were one““ weiterlesen

New agreements: European Union wants to expand use of passenger data

The EU Parliament is to deal with a new agreement on the exchange of passenger data with Canada. So far, PNR agreements exist only with the USA and Australia, but now the EU Commission also wants to negotiate with Japan. Others could follow after the International Civil Aviation Organization adopts new standards.

The member states of the European Union want to conclude a further agreement on the transmission and use of passenger data. A proposal to start negotiations with Japan was published by the EU Commission in September, and the EU interior ministers intend to adopt it at their next meeting in Brussels at the beginning of December. The EU Parliament will not be involved, the MEPs can only vote on the negotiated treaty. „New agreements: European Union wants to expand use of passenger data“ weiterlesen

Internal security in the EU: „Moving from data collection to data connection“

The European Union intends to further strengthen operational cooperation and exchange of information between police authorities. The focus will be on upgrading Europol, which celebrates its 20th anniversary this year.

According to a paper by the Romanian government, Europol’s mandate and capabilities should be further strengthened. The police agency will therefore be developed into a „law enforcement information hub“.

The proposal was made within the framework of the EU Council Presidency, which Romania held in the first half of the year. Since 1 July, the European Union has been led by Finland, where the issues are dealt with further. „Internal security in the EU: „Moving from data collection to data connection““ weiterlesen

Mass travel monitoring: 500 new posts for German Passenger Name Record system

EU-wide surveillance of air travellers is gathering pace. In the first year, the German BKA manually inspected tens of thousands of passengers after the automated screening. The authorities ordered follow-up measures for 277 passengers. These include arrests, open or discreet checks.

German authorities continue to look for personnel to implement the retention of passenger data. Of the more than 500 posts planned for the new system, around one third are currently occupied. This was written by the German Federal Ministry of the Interior in response to questions on the EU Passenger Name Record (PNR) Directive.

The law passed in 2016 is intended to ensure comprehensive monitoring of air passengers. Airlines, travel agencies and other travel providers must transmit several dozen Passenger Name Records (PNR) to the responsible Passenger Information Unit (PIU) before each international flight. There they are stored and analysed in a Passenger Data Information System. The routinely processed information includes individual data, including name, address, flight connection, seat, meal requests or IP addresses. „Mass travel monitoring: 500 new posts for German Passenger Name Record system“ weiterlesen

Hausse drastique des recherches secrètes dans le système d’information de Schengen

Traduit par Puño Negra

Les forces de police et les services de renseignement européens utilisent le SIS II pour la recherche secrète de personnes et d’objets. Les autorités sont ainsi informées des itinéraires et des escortes des suspects. Les ministères de l’Intérieur de l’UE discutent actuellement de l’extension de cette méthode de recherche. Par exemple, un résultat positif pourrait être transmis à plusieurs États membres ou à tous les États membres.

De plus en plus de personnes dans l’Union européenne font l’objet de recherches secrètes. C’est le résultat de la réponse donnée par le ministère fédéral de l’Intérieur à une question écrite. Selon l’étude, 129 412 personnes ont été secrètement persécutées dans le système d’information Schengen (SIS II) l’année dernière. L’année précédente, il était de 96.108. On ne sait rien sur les raisons de cette forte augmentation. „Hausse drastique des recherches secrètes dans le système d’information de Schengen“ weiterlesen