Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697750494489.pdf (Ireland)
Department of Justice Report on relevant EU developments in the period 1 January 2023 – 30 June 2023 Submitted under Section 2(5) of the European Union (Scrutiny) Act 2002 INTRODUCTION Section 2(5) of the European Union (Scrutiny) Act 2002 provides that each Minister of the Government shall provide to the Oireachtas, on a six-monthly basis, a report on relevant “measures, proposed measures and other developments” in the European Union.
This report is divided into the following three parts:  Part 1 provides an overview of key legislative and policy developments between 1 January 2023 and 30 June 2023 in areas relevant to the work of this Department.

 Part 2 provides updates on the legislative proposals for which this Department submitted information notes to the Oireachtas between 1 January 2023 and 30 June 2023 in accordance with section 2(1) of the 2002 Act.
 Part 3 outlines the main priorities of the Spanish EU Presidency that are relevant to the work of this Department.

1 Part 1: Summary of significant EU policy and legislative developments 1 January 2023 – 30 June 2023 __________________________________________________ Sweden held the Presidency of the Council of the European Union from 1 January 2023 until 30 June 2023.

This marked the third occasion that Sweden held the Presidency, and it concluded their ‘trio’ with France and the Czech Republic.
Russia’s war of aggression in Ukraine continued to be a major challenge for the Presidency, and this informed several of the major policy and legislative developments under Sweden’s stewardship.

Securing political agreement on several elements of the Pact on Migration and Asylum was a priority for the Presidency and in this respect it was largely successful.

Other major areas of concern included the fight against organised crime, terrorism and violent extremism.
EU-UK relations The EU-UK Trade and Cooperation Agreement (TCA) came into effect from 31 December 2020.

In relation to law enforcement and judicial cooperation in criminal matters, the TCA recognises the need for strong cooperation between national police and judicial authorities, in particular for fighting and prosecuting cross-border crime and terrorism.
It builds new operational capabilities, taking account of the fact that the UK, as a non-EU member outside of the Schengen area, will not have the same facilities as before.

As envisaged under Article 635 of the TCA, a Council Decision establishing a standardised form for mutual assistance requests between the UK and EU member states was adopted on the 4 May 2023.

Ireland exercised its option under Protocol No.

21. to take part in the adoption and application of this measure.
2 Justice and Home Affairs Council Meetings Sweden held the Presidency of the Council of the European Union from 1 January until 30 June 2023.

During this period, the Presidency hosted an informal Justice and Home Affairs (JHA) Ministerial meeting on 26-27 January in Stockholm, and chaired JHA Council meetings on 9- 10 March in Brussels and on 8-9 June in Luxembourg.
Key Policy and Legislative Developments in the JHA Council Key Policy and Legislative Developments in the JHA Council during the six-month reporting period are set out below.

Justice Civil Law & Fundamental Rights High level discussions took place at the JHA Council over the challenges faced and the good practices employed by Member States in the area of citizens’ access to justice.

Particular focus was given to the enhancement and efficiency of judicial systems and access for disadvantaged citizens.
At the final Justice and Home Affairs Council in June, negotiations on the Directive and Regulation on the digitisation of judicial cooperation and access to justice in cross-border civil and commercial and criminal matters resulted in political agreement between the Presidency and the Parliament.

Following negotiations on the proposed Anti-SLAPP (strategic lawsuits against public participation) Directive, the Presidency oversaw the adoption of a General Approach at Council.
In line with other EU Member States, Ireland continued to voice its support for the proposal, but concerns have been raised ahead of the political trilogues on the direction of aspects of the compromise text.

These include interference with the operation of national legislation, how proceedings with ‘cross border implications’ are defined under domestic law, and a perceived weakening of available remedies.
Ireland has opted into adoption and application of the Directive under Protocol 21 and is in the process of establishing domestic legislative mechanisms to complement the Directive in the field of civil and anti-Defamation 3 law.

There has been a general acknowledgment among Member States that the proposed Directive is an important step towards safeguarding media plurality and the freedom of journalists.
In March, the Council adopted Conclusions on the role of the civic space in protecting and promoting fundamental rights in the EU.

This was another positive step towards protecting the integrity of those participating in civil society, such as human rights defenders.

Work continues at the FREMP Working Party and at the Council of Europe to negotiate the accession of the EU to the European Convention on Human Rights (ECHR).
Member States have been broadly supportive of the Council’s interpretative declaration, which aims to address ‘Basket 4’ compatibility issues around the Common Foreign and Security Policy (“CFSP”).

The Council of Europe’s Steering Committee for Human Rights (CDDH) ad hoc 46 + 1 Negotiation Group conducted its 18th round of negotiations in March with the consensus being that before the accession instruments can be agreed upon, the EU must internally negotiate a conclusion to the Basket 4 issue.
The Presidency saw positive exchanges of views in the field of combatting Anti-Semitism and racism, with Ireland being one of several Member States outlining its national plan of action to the Council.

The enactment of the Criminal Justice (Incitement to Violence or Hatred and Hate Offences) Bill which was published in October 2022 will align with Ireland’s obligations under the European Council Framework Decision 2008/913/JHA on combating racism and xenophobia.
The Presidency ended with a less satisfactory position on the rights of LGBTIQ persons, with strong opposition being voiced at Council by Poland and Hungary over the text of the Council Conclusions on the safety of LGBTIQ persons in the European Union.

The Presidency ended with the Conclusions being transferred to the Presidency for reappraisal.
Ireland maintained a position of support for the fundamental rights of LGTBIQ persons and voiced its willingness to support a Presidency compromise text on the Council Conclusions.

Criminal Law and Judicial Cooperation In November 2022 the Council adopted a proposal by the Commission to add the violation of restrictive measures to the list of crimes under Article 83(1) of the Treaty on the Functioning of the EU.
By the close of the current Presidency, a General Approach was adopted by the Council on the proposed Directive on the definition of criminal offences and penalties for the 4 violation of Union restrictive measures.
The Presidency noted the need for a robust judicial response to the violation of sanctions, however the Commission and some Member States voiced concern over the weakness of some aspects of the proposal along with the need for an enhanced transposition period and for the political trilogue process to start as soon as possible.

Ireland has been actively involved in the negotiation of this proposal and has secured amendments to the text where necessary.

Ireland has exercised its option under Protocol No.
21. to take part in the adoption and application of this measure.

In the context of Russian aggression in Ukraine, political agreement on the proposal is hugely important.

To date the EU has adopted its 11th package of sanctions against Russian individuals and entities.

At JHA Council level, Member States have exchanged views on the work of their competent authorities in investigating and prosecuting violations of sanctions.
Issues remain over the complexity of the investigation process, however the applicable agencies such as Eurojust, Europol and the Commission’s ‘Freeze and Seize taskforce’ continue to enhance and extend their work in this area.

Although Ireland’s competent authority experience in the field of investigating violations of sanctions is to date, limited, Irish financial institutions have frozen assets relating to Ukraine’s territorial integrity.
In the fight against organised cross-border crime, texts on the draft regulation and directive on cross border access to electronic evidence were agreed between the Council and the Parliament and announced at COREPER in January.
The e-evidence package, which includes the regulation on production and preservation orders, and the directive on the designation of designated establishments and appointment of legal representatives, will offer a new and streamlined method for mutual legal assistance between member states.

Ireland has a Protocol 21 opt-in to these proposals.

In the context of accessing encrypted data in the fight against organised crime, the need for proportionality and respect for personal rights were highlighted.
The Commission has also presented a proposal for a regulation on the transfer of criminal proceedings between Member States which is in its early stages of examination in the Parliament and at the COPEN Working Party level.

At Council, General Approaches were adopted on the proposed Directive on combatting violence against women and domestic violence, and on amending Directive 2011/36/EU on 5 preventing and combatting trafficking in human beings and protecting its victims.
On the latter, Ireland opted-in under Article 3 of Protocol 21 to the amended Directive in April 2023.

The Directive includes targeted amendments focusing on sanctioning of parties involved with trafficking, data collection, demand reduction and the use of online services.

It also recognises forced marriage and adoption as forms of exploitation.
In the context of the former proposal on violence against women and domestic violence, although the General Approach was adopted and the importance of moving the file forward acknowledged, many Member States had issues over aspects of the legal basis of the proposal, and also on the text itself.

Several Member States voiced concerns over the interpretation of gender within the text and its compatibility with the Istanbul Convention.
The deletion of ‘rape’ from the text was also a major point of contention.

Ireland’s opt-in to the measure was approved by the Oireachtas in June 2022.

Discussion on the state of play of judicial responses to the fight against impunity regarding crimes committed in connection with Russia’s war of aggression against Ukraine continued apace during the Swedish Presidency of the Council.
The role of the International Criminal Court (ICC) in the prosecution of crimes committed in Ukraine, and the strengthening of judicial co-operation and the full implementation of the definition of core international crimes were again emphasised.
Other areas of importance included the strengthening of Joint Investigation Teams between the competent authorities of member states and the ICC, and the establishment of the International Centre for the Prosecution of the Crime of Aggression against Ukraine (ICPA) under the auspices of Eurojust.

The Core International Crimes Evidence Database (CICED) will also support the investigative and evidence-collating processes, along with the work of the Eurojust-led Joint Investigation Team.
It will also enhance the work of the ICC.

Ireland has opted into the Eurojust regulation and has offered its support on the text of the Council conclusions on fighting impunity in relation to war crimes in Ukraine.

The Presidency oversaw continued negotiation toward the adoption of a regulation on digital information exchange in cross border terrorist cases.
This will build on the existing judicial Counter Terrorism Register (CTR) and the continuing negotiations on amending the Eurojust Regulation to enhance the digital capabilities of that agency.

In the context of the Ukraine conflict, such a robust framework is vital in terms of the collection and preservation of evidence of war crimes.
6 On the European Commission’s proposal for a Directive on asset recovery and confiscation, the Presidency oversaw a General Approach on this proposal being adopted at Council.

The Directive will frame mechanisms for assisting national competent authorities in identifying, freezing and confiscating criminal assets.

As evidenced by the recent removal of references to the prosecution of violations of restrictive measures in the text, it is clear that much work remains on negotiating an agreed position.
Ireland has voiced concerns over the possibility of conflicts between the Directive and domestic mechanisms for asset recovery and confiscation and consideration of a Protocol 21 Article 4 opt-in is ongoing.

Following extensive negotiations at the COPEN Working Group, the text of the proposal has changed considerably and has mitigated some of the legal issues.
In the wider context, the Commission’s ‘Freeze and Seize taskforce’ has continued to confiscate significant assets obtained by Russian actors during the war in Ukraine.

Digitisation of judicial co-operation The Presidency concluded with political agreement on the Directive and Regulation on the digitisation of judicial co-operation and access to justice.

This was an important development in the broad cross-cutting area of digital judicial co-operation in criminal, civil and commercial matters.
Regulation (EU) 2022/850 on a computerised system for the cross-border electronic exchange of data in the area of judicial cooperation in civil and criminal matters, was adopted in May 2022, and as a Title V measure under the Treaty of the Functioning of the European Union, Ireland had the ability to opt-in under Protocol 21 of the Treaty.

The basis of the Regulation is the e-CODEX communication and data exchange system, which will be operated by the eu-LISA agency.
e-CODEX involves a secure exchange of data between national administrations, courts, businesses and citizens via dedicated European ‘access points’.

It is envisaged that management and governance of the e-CODEX systems will move from an ad-hoc scenario to the full responsibility of eu-LISA later this year.

In June 2023, the Oireachtas approved Ireland’s request to opt-in to the e-CODEX measures under Protocol 21.
Ireland has sought approval from the Commission for this Article 4 opt-in and should have final confirmation of this later in the year.

This is a positive step for Ireland’s participation in the EU-wide harmonisation of cross border digital co-operation measures.
7 Home Affairs Internal Security, Police co-operation and Counter Terrorism Although the state of play around the Regulation on combatting child sexual abuse was not discussed at JHA during the Presidency’s tenure, the proposal has been negotiated by the Presidency at Working Party level.

Lack of certainty remains at Council over some of the legal nuances around protection of personal freedoms and privacy rights, and work continues at the Parliament’s LIBE civil liberties committee to address these issues.
With the increasing prevalence of long term environmental and societal crises, the Swedish Presidency concluded with an approval of conclusions at the JHA Council on strengthening whole-of-society resilience in the context of civil protection, including preparedness in the face of Chemical, Biological, Radiological and Nuclear (CBRN) threats.
The Presidency noted that the war in Ukraine had increased the threat to Europe’s infrastructure, particularly given the potential use of nuclear weapons in the conflict.

Negotiations on amending the scope of the Union Civil Protection Mechanism pursuant to Decision no.

1313/2013/EU of the Parliament and the Council, to include enhanced support to Member States continued at Working Party level, with agreement on the text being reached in May.
In the area of police co-operation, the Presidency oversaw the Parliament granting the commencement of negotiations at trilogue level for the Regulation on automated data exchange between police forces (Prüm II).

The Presidency and Commission updated Member States on the establishment of the High Level Expert Group (HLEG) on access to data for effective law enforcement which was due to start work in June.
The Group will build on the work of the EMPACT multidisciplinary platforms and will inform the efforts of national police services to enhance their online tools for combatting organised crime in areas such as end-to-end encryption.

Although Ireland has opted into the Directive and Regulation on e-evidence, it has yet to ratify the Budapest Convention on cybercrime.
Council also saw an exchange of views by the Presidency on the fight against terrorism and extremism and reiterated the importance of the work of the HLEG in countering the growth of racially and ethnically motivated violent extremism and disinformation, especially online.

At Council, discussion continued over the implications for the Union as a result of the war in Ukraine.
This included a state of play on the Union’s internal security and reminders from both 8 the Presidency and the Commission to Member States of the challenges faced by the Union.

These include continued logistical and material support and maintaining a security dialogue with Ukraine, along with enhancing border security, committing to data exchange in the context of foreign extremist fighters and private military companies/paramilitaries, and combatting illegal firearm smuggling.
Against the background of the EU’s Common Security and Defence Policy (CFSP), support for Moldova, including its defence capabilities, was also discussed.
Borders & Migration and Asylum The proposed EU Migration and Asylum Pact was presented by the Commission in September 2020 as a major policy and legislative framework to provide “a comprehensive approach, bringing together policy in the areas of migration, asylum, integration and border management, recognising that the overall effectiveness depends on progress on all fronts”.

The Swedish Presidency, like its recent predecessors, made it a pillar of its policy strategy to progress negotiations on the Pact.
At the June Council, General Approaches were agreed and adopted on the Regulations for Asylum and Migration Management (AMMR) and Asylum Procedures (APR).

These two Regulations will establish new rules and procedures for all Member States in the field of effective and fair processing of asylum applications.

The former will replace the Dublin III Regulation and will streamline the process for determining the Member State responsible for an application for international protection.
It will also establish a governance framework for Member States’ national strategies in this area, mitigate against abuse of asylum mechanisms and secondary movements within the EU, and protect fundamental rights.

The Regulation will be established within the context of a new mandatory solidarity mechanism to assist Member States who experience migratory pressures.
The Asylum Procedures Regulation will see a harmonised approach to the processing of international protection applications across all Member States.

A notable element of the Regulation is the border procedure which allows for quicker and more efficient processing of asylum claims at national borders.

Ireland has not yet opted into either Regulation but will await further negotiations following the adoption of the General Approaches.
Agreement was not reached on the proposed recast Returns Directive during the lifetime of the Presidency, and negotiating positions have not yet been established.

9 Negotiations continued on a number of other Asylum Pact measures.

Political trilogues began during the Swedish Presidency on the EURODAC Regulation on third country national biometric data, and on the proposed Screening Regulation for third country nationals at external borders.
Negotiating positions for both proposals were informed by the reports of the Parliament’s LIBE Committee.

The proposed recasting of the Qualification Regulation on third country or stateless persons availing of international protection, the Reception Conditions Directive and the Resettlement Framework Regulation all continued to be discussed at Council Working Party level.
Political trilogues have also begun on the proposed Regulation amending Regulation (EU) 2019/816 establishing a centralised system for the identification of Member States holding criminal conviction information on third-country nationals and stateless persons (ECRIS-TCN).

This Regulation will allow designated authorities to search the ECRIS-TCN database as part of pre-screening of third country nationals at external borders and will align with the Schengen acquis.
Ireland therefore will not participate in this measure.

In the context of the war in Ukraine, the lifespan and future co-ordination of the Temporary Protection Directive was discussed at Council, with the Commission concluding that with four million people having fled the war, adequate preparations will be needed to facilitate those who wish to remain in the EU after the provisions of the Directive expire.
Ireland has voiced its support for a co-ordinated and harmonised approach to exiting of the Directive.

Work continues on adopting a General Approach on the Regulation on instrumentalisation of migration, which has been brought into sharper focus as a consequence of the war in Ukraine.

This Regulation was proposed to assist those Member States at the frontiers of the Union who were experiencing the effects of the instrumentalisation of migrants by the Belarusian regime.
The Regulation, which complements the negotiations on amending Council Regulation (EU) 2016/399 (the Schengen Borders Code) has been discussed at the SCIFA strategic committee and at Working Party level in the Council and has yet to reach approval stage in the Parliament.

The need for progress in negotiating this Regulation has been highlighted at Justice and Home Affairs Councils during the Swedish Presidency’s lifetime.
Similarly, work continues at Working Party and the LIBE committee to progress the proposed Regulation to address crisis and force majeure situations, which will complement the solidarity mechanism under the proposed Asylum Regulations.

10 In the context of the external challenges to the Union of migratory flows, the Swedish Presidency reiterated how the management of external migration was one of its policy priorities.
High level conclusions were reached at the European Council level which included calls for the prioritisation of Action Plans for the Western Balkans and Mediterranean.

Action Plans for these regional migration hubs have been initiated at the External Migration Working Party, with responsibility generally falling under the Operational Coordination Mechanism for the External Dimension of Migration (MOCADEM).
At Council, the Presidency acknowledged the work that had been done to align visa-free regimes in the Balkans, increase engagement and co-operation with countries such as Libya and Tunisia on key migratory channels, and also the general decrease in external migration across problematic routes.

Schengen In line with the 2023/2024 Schengen Council Cycle, the Swedish Presidency oversaw progress on enhanced Schengen Area governance within the recently established Schengen Council.
The Council exchanged views on border control and management, police cooperation in combatting organised crime, and on effective return systems.

The State of Schengen Report for 2023 was published and noted within that Ireland is due to conclude its remaining Schengen acquis evaluations by the end of 2023.

The Council also presented its latest Schengen Barometer with input from Frontex, EUAA, eu-LISA, Europol and Eurojust.
The main focus being on migratory flows, asylum applications, cross border co-operation and threats to the Schengen area.

In the field of interoperability, the enhanced Schengen Information System came into operation in March.
Ireland has opted into Regulation (EU) 2018/1862 on the establishment, operation and use of the SIS in the field of police cooperation and judicial cooperation in criminal matters The new enhanced ‘SIS III’ will allow for greater integration of interoperable systems such as Visa Information System (VIS), EURODAC fingerprinting, European Travel Information and Authorisation System (ETIAS), and the Entry/Exit System (EES).
Ireland has not opted into Interoperability Regulations (EU) 2019/817 and (EU) 2019/818 on borders and visas, and on police co-operation, but has engaged in evaluations on Schengen and police co-operation.

Full participation in the Regulation on interoperability in police and judicial co-operation will only be achieved when Ireland opts into the recast EURODAC and ECRIS-TCN criminal records information systems.
It should be noted that political trilogues have also begun on negotiating the recasting of EURODAC.

11 The proposed interoperable Entry/Exit System (EES) which was due to go live in March, was postponed, with Member States, the Commission, Presidency and the eu-LISA co-ordinating body agreeing that a more realistic timeframe for implementation was needed.
In the field of visa governance, the Schengen Council reached agreement on the need to revise the visa suspension mechanism in the Visa Regulation (Regulation (EU) 2018/1806).

Negotiating an enhanced and more efficient suspension mechanism will allow for greater policing of abuses of EU visa-free regimes, such as secondary and irregular migration.
Within the context of an effective returns and readmission policy as part of the Migration and Asylum Pact, Member States examined the need for an improved cooperation and readmission mechanism.

This mechanism is part of the Schengen Visas Code, which Ireland does not participate in.

Work continued at Council on the Romanian and Bulgarian applications to join the Schengen acquis, with pilot projects being conducted by both States in areas of asylum, returns, borders, and irregular and secondary migration.
Both States are co-operating with the European Union Asylum Agency to enhance their capabilities and legislative structures in these areas.
____________________________________ 12 Current status of EU legislative proposals submitted for the attention of the Joint Committee on Justice PART 2: 1 January – 30 June 2023 CION Ref No Proposal Title the Proposal for a Council Decision on the position to be taken on behalf of the European Union Specialised in Committee on Law Enforcement and Judicial Cooperation established by the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part, regarding the establishment of a standard form for requests for mutual assistance referred to in Article 635(1) of that Agreement.
1 COM(23) 056 Date Reviewed and decision of Oireachtas Committee yet Not Committee.

considered by the Status Current Status The Commission adopted this Proposal on 19 June 2023.

Mandatory use of the MLA form will be required from 1 September 2023.
Objective The Trade Cooperation Agreement (TCA) between the EU and the UK supplements the provisions, and facilitates the application between Member States, on the one side, and the United Kingdom, on the other side, of the European Mutual Assistance Convention, done at Strasbourg on 20 April 1959, the Additional Protocol to the European Mutual Assistance Convention, done at Strasbourg on 17 March 1978, and the Second Additional Protocol to the European Mutual Assistance Convention, done at Strasbourg on 8 November 2001.
The TCA does not provide for any form for requests for mutual assistance in criminal matters, but mandates the Specialised Committee on Law Enforcement and Judicial 13 Recommendation for a Council Decision authorising the European Commission to participate, on behalf of the European Union, in negotiations on revision or amendment, in any way whatsoever, of the Council of Europe Convention on the prevention of terrorism (CETS No.
196), with a view to modifying the definition of terrorist offences included in that Convention.

the 2 COM(23) 151 Cooperation, in its Article 635(1), to establish such a standard form.

Once the Specialised Committee on Law Enforcement and Judicial Cooperation adopts this decision, the requests for mutual assistance must be made using the standard form.

The Commission has now published the proposal establishing the standard form.
The establishment of a standard form for handling MLA requests will streamline the process, and ensure such requests are deal with in a more efficient and effective manner.

yet Not Committee.

considered by the Status The Council Decision was agreed.
The negotiations are ongoing Objective On 23rd March, the European Commission published a proposal for a Council Decision authorising the Commission to participate in negotiations on the amendment of the Council of Europe Convention on the Prevention of Terrorism.

This would grant a mandate for the Commission to negotiate, on behalf of the European Union, in discussions focused on a revision of the definition of terrorism as set out in that Convention.
Both the EU and Member States are keen that the negotiations result in a closer alignment of the definitions of terrorism within the Council of Europe Convention on 14 Proposal for a Regulation of the European Parliament and of the Council on the Transfer of Proceedings in Criminal Matters Considered by the Committee on 16th May, 2023.

No further scrutiny required.

3 COM(23) 185 15 the Prevention of Terrorism and Directive 2017/541, the EU's counter-terrorism directive.
The expected output of negotiations is to either amend Convention No.196 or draft a further additional protocol to that convention.

Status Working party meetings on this proposal for a Regulation commenced in Brussels on 2 May 2023.

Further meetings took place on 8 May, 19-20 June, and 6 July.

Ireland is represented at the meetings by officials from the Department of Justice.
Department officials will continue to engage with relevant stakeholders across the Department and other bodies and agencies as the negotiations on the text of the proposal progress.

Both the Seanad and Dáil approved Ireland opting in to this Regulation under Article 3 of Protocol 21 on 11 July.
Objective in Criminal Matters The proposal for a Regulation on the Transfer of is a cross-border Proceedings cooperation tool that aims to provide added value by contributing to the efficient and proper administration of criminal justice in the Member States, thereby improving the proper functioning of the European area of justice.

The proposal has four objectives, namely to: 1. improve the efficient and proper administration of justice in the EU; Considered by the Committee on 13th June, 2023.
No further scrutiny required.

Proposal for a Directive of the European Parliament and of the Council on combating corruption, replacing Council Framework Decision 2003/568/JHA and the Convention on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union and amending Directive (EU) 2017/1371 of the European Parliament and of the Council.
4 COM(23) 234 16 2. improve the respect of fundamental rights in the process of transfer of criminal proceedings; 3. improve efficiency and legal certainty of transfers of criminal proceedings; and 4. enable transfers of criminal proceedings, where they are in the interest of justice, but currently not possible between Member States, and reduce the phenomenon of impunity.

Status Working party meetings on this Directive began in Brussels on 15-16 June, followed by further meetings on 26 June and 5 July.
Ireland is represented at these meetings by officials from the Department of Justice.

Departmental officials will continue to engage with other departments and agencies as the negotiations progress and the text of the Directive evolves.

On 4 July the Seanad approved Ireland opting in to this Directive under Art.

3 of Protocol 21, followed by the Dáil approval on 6 July.

Objective On 3 May, the European Commission put forward a number of proposals to combat corruption.
These include a new Directive combatting corruption and a proposal to establish a dedicated Common Foreign and Security Policy sanctions regime to target serious acts of corruption worldwide.

These proposals provide a set of rules to better tackle corruption in the EU and allow better coordination of actions at national and EU level.
Part 3: Spanish Presidency priorities in the areas of Justice and Home Affairs ------------------------------------------------------------------------- Spain holds the Presidency of the Council of the European Union effective from July to December 2023.

This is the fifth time Spain has held the Presidency, which will commence a new ‘trio’ with Belgium and Hungary.

The motto of the Spanish Presidency is ‘Europe, closer’, which reflects a “spirit of human, political and institutional closeness”.
The Spanish Presidency held an informal Justice and Home Affairs Council meeting on 20-21 July in Logroño, La Rioja, and is scheduled to hold JHA Council meetings on 19-20 October in Luxembourg, and on 4-5 December in Brussels.

In addition an extraordinary Home Affairs Council is scheduled for 28 September 2023 in Brussels.

The Spanish Presidency's work programme focuses on the following priorities: 1.

Reindustrialise the EU and ensure its open strategic autonomy 2.
Advance in the green transition and the environmental adaptation 3.

Strengthening European unity 4.


Promoting greater social and economic justice In terms of Justice and Home Affairs matters, the Spanish Presidency’s main priorities will be to strengthen the area of freedom, security and justice, to build resilience in the face of the threat of organised crime and Russian aggression in Ukraine, and to build and maintain a sustainable, digitally robust and citizen-based justice system centred on democratic ideals.
Specific areas of concern will include migration, the fight against terrorism and radicalisation, online organised crime, interoperability of information systems, the internal security of the Union in the face of Russian aggression in Ukraine, the development of e-Justice, and to progress political negotiations on several important criminal justice files.

Spain is due to hold elections during its presidency of the Council of the EU which may affect the direction of its priorities.
Much of the Presidency’s legislative and policy initiatives will be centred on concluding files before the end of the current European Parliament term in 2024.

17 Criminal Law, Judicial Cooperation On the violation of Union restrictive measures, the Spanish Presidency enters its term following adoption of a General Approach on the directive during the latter stages of the Swedish tenure.
The intention is for trilogues to begin in the second half of 2023 with an aim of provisional agreement with the European Parliament by late 2023.

The possible expanded role of the European Public Prosecutor’s Office (EPPO) in investigating the violation of sanctions will also be in focus during the Presidency.
In the wider scope of investigating sanctions violations as part of Russia’s aggression in Ukraine, the Presidency has vowed as one of its key priorities to encourage greater co-operation with third countries.

The Presidency will continue the political trilogue process which began in May 2023 and followed on from the agreement of a General Approach on the proposed revision of the Environmental Crime Directive in late 2022.
The trilogues will also be informed by the adoption of the report of the Parliament’s JURI committee which expands the scope of crimes contained in the directive.

With regard to progress made on the proposed Directive on asset recovery and confiscation, the Presidency will focus on moving forward the trilogue process in line with its priorities in the area of EU security, particularly in relation to combatting organised crime.
Following the adoption of its position on the proposed Directive for combating violence against women and domestic violence by several Women’s Rights, Gender Equality and Civil Liberties committees, it is foreseen that the European Parliament will reach agreement on adopting its position at its next plenary session.

This will enable the Presidency to begin the political Trilogue process in July.
Trilogues will also commence on the proposed Directive amending Directive 2011/36/EU on trafficking in human beings.

This proposal was adopted at Council and will be prioritised by the Presidency as part of its aim to combat human trafficking as a lucrative criminal business.
The Presidency has stated that it will push forward with negotiations on the Commission’s proposal for a Directive on combating corruption, as this is a matter that has a hugely important bearing on the rule of law within the European Union.

It will also oversee the continued drive 18 for an enhanced role for the European Public Prosecutor’s Office in the fight against fraud against the Union’s financial interests.
The Presidency will facilitate negotiations on the Commission’s recent proposal for a Directive on the transfer of criminal proceedings, which establishes common rules for transferring such proceedings between Member States.

Work on negotiating this file will continue at Working Party level.

Internal Security, Police co-operation The Spanish Presidency has made the fight against organised crime and against terrorism and extremism a core pillar of its priorities.
This is especially important in the online context where criminal organisations and terrorists are increasingly using encrypted end to end data in their operations.

The use of artificial intelligence will also be focused on.

Continued close attention will be given to combatting trafficking of firearms, drugs, and of human beings in the context of the war in Ukraine.
The resilience of the Union to natural and man-made disasters will continue to be in focus as the amended Civil Protection Mechanism is negotiated.

This will be particularly important in response to terrorist threats, climate change and threats to the stability of the Union from actors connected to the war in Ukraine.

The Presidency will also foster closer links with Latin American countries in fighting transnational organised crime via the newly created CLASI internal security committee.
Trilogues should be concluded early in the Spanish Presidency on the revised Directive on Access by competent authorities to centralised bank account registries.

Progress on this file will inevitably help with the negotiations on the Directive on asset recovery and confiscation.

Another focus of the Presidency in the field of co-operation will be to work towards common police action standards and procedures.

Standardised training of police will also be focused on.
The Presidency and Parliament will continue to negotiate at Working Party level the Regulation on the laying down of rules to combat Child Sexual Abuse.

It is hoped that political trilogues can begin on this file during the Spanish term.

19 Civil Justice and Fundamental Rights The Presidency will continue to strive for EU accession to the European Convention on Human Rights.
Efforts will continue at Working Party level to find a solution to the Common Foreign and Security Policy (Basket 4) jurisdictional issue.

On strategic lawsuits against public participation, which continue to be a major threat to media plurality, journalistic freedom, and the safety of human rights defenders, the Presidency will begin the trilogue process once the Parliament has adopted its position on the proposal at its next plenary session.
The Presidency has prioritised this measure given the political exigency placed on the matter by the Commission.

Much work has already been done at Working Party level to examine the compromise position on the text of the proposal, and several Member States have voiced concerns over the potential inconsistencies and conflicts between civil and common legal codes, and whether the Directive can be properly transposed into domestic legislative frameworks.
The Presidency has made it a priority to move forward political negotiations on the revised Product Liability Directive which will offer enhanced protection to both consumers and producers.

The new revision of the Directive will place greater emphasis on software and AI and cyber technologies.
As a core principle of its priorities in the field of accessible, digital justice for citizens of the Union, the Presidency has committed to the upholding of the rule of law, and its efforts towards creating a sustainable and efficient digital justice system for the Union.

It will work towards replacing the current European e-Justice Strategy and Action Plan and will aim to propose Council Conclusions on digital capacity-building for the protection of fundamental rights.
Other priorities of the Presidency under the umbrella of civil justice will include the proposed Directives on artificial intelligence liability, harmonisation of insolvency proceedings, and the protection of adults in cross-border situations.

20 Migration and Asylum The Spanish Presidency has vowed to build on the progress made by its predecessors on the Migration and Asylum Pact.

The aim is to reach final political agreement on all files under the Pact by the end of the legislative term.
It has also stated its intention to prioritise the external dimension of migration and to further progress negotiations on proposed directives on legal migration.

Much political focus will be placed on harnessing viable collaborative relationships with third countries of transit to the south and west of the union, and to develop broader ties with Latin America and the Caribbean in areas such as re-admission and voluntary returns.
As part of strengthening the legal pathways to migration into the EU, both to complement the Pact and in response to the migratory effects of the war in Ukraine, the Presidency will focus on negotiating the recast Single Permit and Long-Term Residents Directives.

Work will continue on negotiating the proposed Asylum and migration management Regulation and Asylum procedure Regulation which were adopted at General Approach stage.
These regulations will enable the Union to enhance its ability to process the flow of asylum applications at its external borders.

As the war in Ukraine continues, the Presidency will continue to focus on a strategic plan for supporting those displaced by Russian aggression in Ukraine, including how best to administer and extend the Temporary Protection Directive where needed.
Borders and Schengen Reform In the area of Schengen governance, the Parliament and Commission have reached political agreement on the conditions for Bulgaria and Romania to accede to the Schengen acquis.

The Presidency will now push accession with the aim of having it completed by the end of 2023.

Presidency will continue to work with eu-LISA towards implementing the timetable for interoperable systems in the field of visas, asylum, border management and police and judicial co-operation.
21 The Spanish Presidency will also move to progress to trilogue stage the proposed revised Regulations on Advance Passenger Information (API) which have been examined at Working Party level and at the LIBE committee in the Parliament.

These Regulations will provide an enhanced and mandatory system for collating API for law enforcement and external border control purposes.
This will facilitate national police forces in the detection, prevention and investigation of serious and organised crime and should complement the data collected under the Passenger Name Record (PNR) Directive.

On the exchange of automated police data, the Presidency will oversee continued inter- institutional negotiations on the proposed Prum II Regulation.

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