# EUR-Lex - 52014DC0154 - EN

*|*

# 52014DC0154

**COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS An open and secure Europe: making it happen /* COM/2014/0154 final */**

			*

			*

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN
PARLIAMENT, THE COUNCIL, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE
COMMITTEE OF THE REGIONS

An open
and secure Europe: making it happen

Introduction

In the past five
years, policies have been developed to promote a more open and secure Europe. In June 2014 the European Council will set the strategic guidelines for the further
development of the area of freedom, security and justice.

Recognising that
common European responses are needed to common challenges, the Council will be
able to build upon the significant progress made since the Stockholm Programme
set ambitious targets in 2009. Since then, a Common European Asylum System has
finally been agreed, improving standards for those in need of protection. The
Schengen area - one of the most popular achievements of the European project -
has been strengthened. Channels for legal migration have been reinforced; there
are now clearer conditions for entry and stay and a common set of rights for
migrants exists. The common visa policy has undergone major modifications,
which have simplified the entry of legitimate travellers into the European
Union contributing to its economic growth. Visa requirements for several
countries have been abolished.

In the area of
security, legislation and practical cooperation now provide common tools to help
protect European societies and economies from serious and organised crime.
Increased cooperation on law enforcement has proved essential for responding to
common threats such as trafficking in human beings, terrorism, cybercrime and
corruption.

A framework for
the EU’s external migration and asylum policies has also been put in place,
allowing the EU to engage in a comprehensive manner with countries in its
neighbourhood and beyond, and to contribute to on-going UN- and state-led
initiatives in the field of migration and development.

Whilst the
achievements made since Stockholm are substantial, the work is by no means
finished. Much remains to be done to ensure the full implementation and
enforcement of existing instruments. Asylum legislation must be transposed
coherently. The legal framework for a common migration policy is still to be
completed and further efforts are needed in the area of integration. Security
concerns need to be addressed with a clear necessity to step up law enforcement
cooperation among Member States and EU agencies. Monitoring and evaluating the
effectiveness of legislation and policies must be made an integral part of the
policy cycle.

The EU and its Member States will also be confronted with new challenges. Europe is part of a globalized and
interconnected world where international mobility is expected to increase. More
people will want to come to Europe – some temporarily, such as tourists, students
and service providers, others on a more permanent basis to work or to seek
protection. The EU will be faced with demographic changes, urbanisation,
increasingly diverse societies and shortages on the labour market. It will be
crucial to maximise the benefits Home Affairs policies can bring to fostering
economic growth and attract people with the right skills, as well as legitimate
travellers to Europe.

Europe will
also face the consequences of instability in many parts of the world and in its
immediate neighbourhood in particular. Events like the Arab Spring and the
present crisis in Syria call for appropriate and coordinated responses to mixed
migration influxes and additional efforts will be needed to avoid further
tragedies in the Mediterranean Sea from happening again.

Technology is
developing quickly, providing new opportunities for economic growth and
fundamentally changing the way people connect and relate to each other. These
changes also bring new security challenges. Cybercrime is of increasing concern,
trafficking in human beings is becoming more and more sophisticated,
cross-border organised crime is appearing in new forms and terrorism remains a
threat to security. We must harness technological innovations and science as
these can help to meet these risks. The EU will need to continue mobilising the
tools essential for security preparedness and resilience, using notably its research
and development programme, Horizon 2020.

In an ever
increasingly interdependent world, Home Affairs issues need to be embedded in
the EU's overall external policy, allowing for reinforced dialogue and
cooperation with third countries. Consistency and coherence with the external
policy will help in anticipating challenges, better reaching the EU's
objectives, promoting its values and fulfilling its international human rights
obligations.

This strategic
reflection takes place at a time when Europe is gradually pulling out of an
economic and social crisis that has left its traces, with still high unemployment
and our societies more vulnerable and susceptible to xenophobia. It is under
such circumstances that political leaders must take decisive action to ensure
an open and secure Europe where fundamental rights are guaranteed, building on
the Charter of Fundamental Rights of the EU, which must be respected by EU
institutions when adopting and implementing legislation as well as by Member
States when they act within the scope of the EU law. Policies in the field of
Home Affairs promote and protect European values, allowing citizens to go about
their lives in safety and security, enjoying the richness of the diversity our
societies provide.

In preparing
this Communication, the Commission consulted a wide range of stakeholders and
interested parties, in particular through the "Open and Safe Europe:
What's next?" stakeholders conference that took place on 29 and 30 January
2014 and via a public consultation that attracted many contributions.
Discussions on our future policies were also held in the European Parliament,
the Council, the Committee of the Regions and the Management Boards of EU
Agencies.

The debate on
Home Affairs policies must be evidence-based. To this end, a selection of the
statistical data relevant for this reflection is presented in the Commission
staff working document attached to this Communication.

The political
priorities

1. An effective
policy of migration and mobility

Demographic changes,
in particular the shrinking of the working population in Europe, coupled with
significant skill shortages in certain sectors (notably engineering, IT and
health care) hinder the EU’s productivity and thus its economic recovery.
Increasing global competition for skills and talents affects labour markets in
many Member States and will be a decisive factor for Europe's economic
prosperity in the decade ahead.

During the past
15 years, the EU has followed a sector-by-sector approach to legal migration.
This has resulted in a common legal framework, which regulates the admission of
certain categories of persons, recognises rights and sanctions violations. It
has also fostered a shared commitment of Member States on integration and
return. It is time now to consolidate all this within a more coherent EU common
migration policy that also takes into account the short- and long-term economic
needs.

1.1. Maximising the benefits of migration and
integration

Europe
needs a well-managed migration policy that effectively contributes to the
Europe 2020 Strategy for smart, sustainable and inclusive growth. Europe must attract new talent and compete on the global stage. Synergies with other policy
areas are important. The EU should ensure consistency, for example between
migration and employment, education, development and trade policies and provide
for the short-term movement of highly-skilled professionals supplying services.
Attracting and retaining international students, as well as promoting education
among legally-resident migrants will help secure supply of the skills needed
for the EU labour market in the future.

To better
identify economic sectors and occupations that face recruitment difficulties or
skills shortages, a joint assessment of needs should be put in place via
structural dialogues with Member States, businesses and trade unions on the
demand for labour migration and trade related mobility. Recognising that
different needs may exist in Member States, a platform of coordination at
EU level would be useful to ensure that migration and mobility have a positive
impact on the EU economy.

In parallel,
measures maximising the potential of migrants already legally residing in the
Member States should be strengthened as their employment rates are currently
well below the average and many experience social exclusion to a higher degree.
The existing job-matching mechanisms such as EURES and the EU Skills Panorama should
be further improved and extended to third-country nationals. Pre-departure
measures can be useful to assist migrants with information, training or
recognition of qualifications – but they should not be seen as a condition for
entry into the EU. Migrants’ entrepreneurship should be facilitated by ensuring
stability of permits and allowing easy access to information and networking
opportunities.

Further work
will be necessary on the portability of pension rights and social entitlements,
for example to allow migrant workers to transfer their occupational pension
rights across sectors and countries, including third countries, to the same
extent as EU citizens.

To attract
talents, the EU should further encourage and enhance the recognition of foreign
qualifications and professional skills; this will also help in putting to good
use the skills and qualifications of legally resident migrants. To this effect
the EU could also open discussion with its international partners. As part of the
attractiveness of the EU, students and researchers should benefit from easier
and faster visa procedures.

The existing EU
rules on admission of migrants and on their rights must be implemented in an
effective and coherent way by all Member States. An evaluation of current
legislation on legal migration would help to identify gaps, improve consistency
and assess the impact of the existing framework. Further steps could be taken
to  codify and streamline the substantive conditions for admission, as well as
of the rights of third-country nationals. This would be a step towards a
‘single area of migration’, with the aim of facilitating intra-EU mobility of
third country nationals, including through mutual recognition of national
permits.

Europe is a
diverse society where integration remains a challenge. To enhance social
cohesion and to reap the full benefits of migration, commitment to effective
integration of migrants in the labour market and receiving societies should be
strengthened. In these efforts more attention should be paid to gender balance
and to address the important employment gap for migrant women. Fair treatment
and non-discriminatory access to the labour market should be ensured. Vulnerable
migrants, in particular women, young migrants and unaccompanied minors should receive
targeted support and a ‘best interest of the child’ approach should be
practically applied in accordance with the UN Convention on the Rights of the
Child. Building on previous work in the field of integration, successful
policies could be identified and best practices disseminated. Further work will
be necessary on capacity building and on engaging with local and regional
authorities, which are at the forefront of integration policies.

1.2. A credible approach to irregular migration and
return

Preventing and
reducing irregular migration is an essential part of any well-managed migration
system. Reducing irregular migration requires a combination of measures.
Irregular migration is often linked to smuggling of people and trafficking in
human beings and prompted by a demand from employers offering illegal labour
opportunities. Cooperation with countries of origin and transit is of the
essence and should be an integral part of the UE external actions, including
development cooperation.

A thorough
evaluation of the current rules on smuggling of people could be pursued and a
new comprehensive EU strategy could make the utmost of the existing tools,
addressing the demand side of irregular migration and dealing with the criminal
networks involved. More preventive measures, including information campaigns in
countries of origin and transit should be carried out in order to alert persons
to the risks of irregular migration.

The Union will continue to give priority to voluntary return efforts and consideration should
be given to European assisted voluntary return and reintegration measures that
could be implemented in close cooperation with countries of origin,
international organisations and non-governmental organisations.

In parallel, the
EU needs to continue cooperating with third-countries to ensure the full
application of existing readmission obligations in international agreements
concluded with third countries that ensure effective return of third-country
nationals without a legal right to stay in the EU. New readmission agreements
with other important countries of origin may have to be considered while
exploiting all existing possibilities in the EU external domain. The EU should
continue enforcing the return policy based on common standards that ensure a
credible and humane return, respecting fundamental rights and the dignity of
each individual.

2. Schengen,
visa and external borders

2.1. Schengen

The creation of
the Schengen area, allowing people to travel without being subject to checks,
is a core part of the European construction. Every year, European citizens make
over 1.25 billion journeys for tourism, business or to visit friends and
relatives all over Europe without obstacles at internal borders. As well as
being popular with citizens, this free movement also brings huge benefits to
the European economy. The Schengen area should be completed. The effective
implementation of the recently agreed changes to the governance of Schengen is
a key priority. It should help increase mutual trust among Schengen states, prevent
abuses and allow the Union to handle situations where a Member State is not fulfilling its obligations to control its section of the external borders.

Particular
attention must be paid to the smooth operation of the Schengen Information
System (SIS II) in order to safeguard security and the free movement of people.
This task is a core responsibility for the EU agency for large scale systems (EU-LISA)
established in 2012. In addition to delivering the effective operation of both
current and future IT systems in the Home Affairs area, in the coming years
EU-LISA should seek synergies between the relevant EU agencies as regards IT
systems security and development.

2.2. Enhancing the implementation of the common visa policy

The goal of visa
policy should be to facilitate travel opportunities for legitimate travellers
and make the Schengen area a more attractive destination for third-country
nationals, while maintaining a high level of security. It is in the EU's interest
to be open to visitors, contributing to economic growth. It is time to complete
the common visa policy by revising the Schengen Visa Code to ensure more
convergence in how Schengen visas are processed by Member States and by
completing the world wide roll-out of the Visa Information System (VIS). Moving
towards a system based more on the assessment of individuals that on
nationalities could be considered following an evaluation of the impact of such
a policy.

We should
continue to encourage local consular cooperation and exchange of information
with the aim of ensuring more harmonised and swift issuance of visas. The
establishment of Schengen Visa Centres should be encouraged, to increase and
rationalise Member States' presence in third-countries for collecting and
deciding on visa applications.

A smart visa
policy should also entail regular reviews of the lists of countries for whose
citizens' visas are required. To facilitate closer cooperation between the EU
and partner countries and increase people-to-people contacts, visa facilitation
agreements could be considered where liberalisation is not yet a realistic
option. The current practice of concluding readmission agreements in parallel
to any visa facilitation agreement has proven useful and should be continued in
the future.

2.3. Integrated management of the external borders

Over the years, significant
progress has been made towards an integrated management of the EU's external
borders. Thanks to its revised mandate, the role of FRONTEX has been enhanced, allowing
better support to Member States involved in joint operations and increased
cooperation with third countries. Eurosur will reinforce cooperation between Member States and FRONTEX, contributing to the management of the external borders and helping
to save lives, especially in the Mediterranean Sea. In line with the EU
Maritime Security Strategy cooperation between maritime actors should also be
pursued.

However, with the
increasing numbers of people coming to the EU and a further increase expected,
especially in the numbers using air travel, the EU needs to move towards modern
and more efficient border management, using state-of-the art technology. Access
to Europe should be facilitated for legitimate travellers, while enhancing
border security. Implementation of the 'Smart Borders package' consisting of a
European Entry/Exit System and the Registered Travellers Programme should therefore
be a priority. New approaches to effective border management could be considered,
taking account of the assessment of the feasibility of establishing a European
System of Border Guards.

3. A Common
European Asylum System in practice

In the coming
years, and in a context of possible increases in the number of asylum seekers,
the EU may face major challenges concerning international protection. Complex
and mixed flows of migrants place pressure on the response capacities of Member
States with regard to processing asylum claims, reception and responding to the
needs of vulnerable groups as well as integration of those recognised as being
in need of international protection.

3.1. Consolidation of the Common European Asylum
System (CEAS)

The legislation
of the Common European Asylum System (CEAS) is now agreed, providing better
access to asylum for those in need of protection, higher quality of reception
conditions and faster, more reliable asylum decisions. Effective transposition
and coherent implementation now needs to happen, which will enable Member
States to respond to the challenges in international protection.

The European
Asylum Support Office (EASO) will play an important role in this endeavour,
helping to improve the quality of asylum assessments and harmonising practices
across the EU, also by monitoring the quality of asylum decisions and pooling
Member States' Country of Origin Information (COI).

New rules on the
mutual recognition of asylum decisions across Member States and a framework for
transfer of protection should be developed in line with the Treaty objective of
creating a uniform status valid throughout the EU. This would reduce obstacles
to movement within the EU and facilitate the transfer of protection-related
benefits across internal borders.

3.2. Responsibility and Solidarity

Responsibility
and solidarity must go hand in hand. This means on the one hand that Member
States must comply fully with the rules of the Union acquis, and on the
other, that Member States should support other Member States facing high temporary
pressure on their asylum systems.

Relocation of the
beneficiaries of international protection, which has been piloted in recent
years from Malta, is one form of solidarity that should be enhanced. A new form
that could be developed in the coming years is the joint processing of asylum
applications. Pooling of reception places at times of emergency could also be
explored to ensure that no countries are faced with overcrowding whilst others
have spare capacity. Further ways of achieving a more even responsibility
sharing between Member States should be part of the future reflection.

3.3. Prevention and Handling of crises

A mechanism for
early warning, preparedness and crisis management is now anchored within the
Dublin Regulation. The proper application of each of these phases will require
a greater flow of information from Member States to the Commission and EASO on the
current situation and on any deficiencies that could lead to a crisis. This means
more data collection and risk analysis based on information supplied by the Member States, EU Delegations, EU Agencies, international organisations and other sources.
Deficiencies in the asylum systems of Member States should be avoided through
preventive measures, and contingency planning.

In order to
enhance the preparedness of the Union to handle mass influxes, the existing
framework on temporary protection should be evaluated, and if necessary, amended
to make it a more practical and flexible instrument.

3.4. Addressing External Challenges and Legal Routes
to Access Asylum in the EU

Promoting high
standards of protection in countries of transit and origin and reducing the
numbers of people who make hazardous journeys across the Sahara, the
Mediterranean and other routes in the hope of reaching Europe should be stepped
up as an integral part of the EU's external policies.

It is necessary
to expand the scope of the existing Regional Protection Programmes (RPP), such
as those in North Africa and the Horn of Africa and to assess the need to establish
new ones. RPPs should put a stronger emphasis on reinforcing national
authorities’ capacity to address human displacements, including the capacity to
receive international assistance and promoting positive impacts of refugees on
local communities.

The EU should
seek to ensure a more orderly arrival of persons with well-founded protection
needs, reducing the scope for human smuggling and human tragedies.

With new funding
available, and in close cooperation with the EU Development policy, the EU
should increase its commitment to resettlement, which can offer long-term
solutions to people identified by the United Nations High Commissioner for
Refugees (UNHCR) as being in need of protection. The EU's resettlement record
so far is relatively modest.  Developing
countries continue to host the vast bulk of the world's refugees.  All 28
Member States should show more solidarity with host countries in the developing
world by participating in resettlement activities and shouldering a greater
share of the responsibility.

Protected Entry
Procedures – enabling people to request protection without undertaking a
potentially lethal journey to reach the EU border – could complement
resettlement, starting with a coordinated approach to humanitarian visas and
common guidelines. A feasibility study on possible joint processing of
protection claims outside the EU, without prejudice to the existing right of
access to asylum procedures in the EU, could be initiated.

4. Further
strengthening the Global Approach to Migration and Mobility (GAMM)

Steps taken to
ensure freedom, security and justice in Europe are also influenced by events
and developments outside the EU. Political change and instability, widening
gaps in prosperity and climate change are drivers for both voluntary mobility
on a larger scale and forced displacement resulting in pressure on EU’s
external borders. The EU has to engage more effectively with neighbouring
countries, both East and South, and those further afield to address the root
causes of irregular and forced migration. To this end, the EU should continue
to assist countries of origin and transit to strengthen their capacity to
prevent irregular migration and combat migrant smuggling and trafficking in
human beings, improve border management, as well as asylum and reception
capacities.

The EU must strengthen
partnerships with third-countries in the field of migration and mobility, in
order to take full advantage of the role that GAMM framework and instruments.
Mobility Partnerships in particular can play an important role in addressing
labour and skills shortages in Europe and to facilitate trade related mobility.
Visa liberalisation dialogues and facilitation of the issuance of short-term
visas can also contribute to spurring economic growth in the EU and promoting development
in third countries.

Enhancing the
impact of the GAMM in third countries therefore needs to be a priority. External
relations concerns and priorities should be adequately reflected when defining
objectives and actions. Cooperation among the various stakeholders is essential.
The capacities of the EEAS, including the EU Delegations, should be fully exploited
to ensure the efficiency and coherence of EU action.

Under the EU
migration and development agenda, attention should be given to maximising the
development impacts of South-South migration, mainstreaming migration policy
into national development and poverty reduction plans, strengthening Policy
Coherence for Development, as well as promoting reintegration measures for
returning migrants. Such cooperation to ensure well-managed migration can
produce significant benefits for development in countries of origin.

The EU should
step up its relations with countries of the neighbourhood through dialogues on
migration, mobility and security and the establishment and implementation of
Mobility Partnerships. Full implementation of such Partnerships with Morocco (signed in 2013) and Tunisia (signed in 2014) needs to be ensured. The EU should continue to
invest in regional migration dialogue processes and bilateral relations with
priority countries beyond the neighbourhood, also continuing its support for human
rights, democracy and fundamental values and good governance.

5. A Europe that protects

In 2010 the EU adopted
its first Internal Security Strategy (ISS) and an accompanying action plan. The
strategy focuses on priority areas where common action at EU level would
address the main security threats and brings added value to Member States'
efforts. It recognises the need to strengthen security whilst fully respecting
fundamental rights, including the right to privacy and protection of personal
data. The five strategic objectives chosen were (1) the disruption of
international criminal networks, (2) the prevention of terrorism and addressing
radicalisation and recruitment, (3) raising levels of security for citizens and
businesses in cyberspace, (4) strengthening security through border management
and (5) increasing Europe's resilience to crises and disasters. These
objectives remain valid. However, with challenges evolving, the Commission, Member States and the European Parliament should work together in developing an updated
version of the ISS, reviewing the actions under each objective for 2015-2020. Promoting
an approach based on prevention and law enforcement, the renewed ISS should
also encourage greater synergies between Home Affairs and other policy areas
related to internal security, such as transport, the internal market, the customs
union, research and development, the digital market, civil protection and
external relations. Research in the field of security has been funded within the
7th Framework Programme for Research and Development. For the next
Programme, Horizon 2020, an increased effort is foreseen. The EU will continue
supporting the European security sector with a view to achieving strategic
security priorities.

5.1. Disruption
of international crime networks

Penetration of
the EU's economy by organized criminal groups is a security risk. Serious
crimes with a cross-border dimension, such as corruption, trafficking in human
beings, drugs, firearms and other illicit goods, and sexual exploitation of
children cause grave harm to victims and to society as a whole. A number of
those threats are growing in scale. Organised crime is increasingly flexible
and is developing its activities within and beyond Europe's borders. It continues
to pose an important threat to the EU's internal security and can have destabilising
effects on third countries.

The EU must
continue to adapt and strengthen its response to those threats, coordinating
its action within the EU and beyond. Operational cooperation between Member
States' authorities, focusing on priorities agreed at EU level within the
Policy Cycle for Serious and Organised Crime is essential in this effort.
Mutual trust should be strengthened, and the use of Joint Investigation Teams (JITs)
and other joint operations should be increased, supported by EU funds and
agencies. The need for EU action to ensure that JITs practical cooperation is
not hampered by divergent national rules on investigative techniques should be
examined.

Information
exchange between Member States' law enforcement authorities with relevant EU
agencies and among EU agencies should be stepped up, making full use of
existing EU instruments. Europol's role as hub for information exchange across
the EU should be strengthened, in close cooperation with Member States, OLAF and FRONTEX. All Member States should set up Single Points of Contact, taking into
account the relevant framework of customs cooperation. Information exchange
systems could be made more interoperable, taking into account the developments under
the broader framework of the Interoperability Solutions for European Public
Administration.

To support
practical cooperation, EU-level training of law enforcement personnel should be
developed further. The European Law Enforcement Training Scheme should be fully
implemented in the years to come, to benefit a high number of officials from of
all ranks of law enforcement, border guards and customs officers.

At the same
time, the EU needs to intensify efforts specifically targeted at the crimes that
cause the most harm to victims and to society. Corruption undermines trust in
democracy, damages the internal market, discourages foreign investment,
deprives public authorities of tax revenues, and facilitates the activities of
organised crime groups. To tackle corruption more effectively, Member States
should follow the suggestions made in the EU Anti-Corruption Report, which publication
should continue in the years to come. Anti-corruption measures should be better
linked to EU policy areas and EU funding should support institutional and
administrative capacity-building. Cooperation between EU institutions, Member
States and international organisations should be further developed.

Organised
criminal groups are driven by the vast gains generated by illicit trafficking,
corruption, financial crime and other criminal activities. More work is needed
to combat that incentive and to prevent criminal profits from infiltrating the
legal economy. The Directive on the freezing and confiscation of proceeds of
crime in the EU needs to be transposed and implemented by all Member States
without delay. Asset Recovery Offices, law enforcement, judicial and
administrative authorities, such as tax or licensing bodies, should step up
cooperation to improve tracing of assets. Money laundering helps criminal
groups hide the proceeds of their crimes. To prevent the misuse of the
financial system, the proposal for a fourth Anti-Money Laundering Directive
must be adopted, transposed and implemented soon and the need for EU criminal anti-money
laundering legislation must be examined.

Trafficking
in human beings is a growing threat. The EU adopted an EU Strategy 2012-2016
aimed at eradicating this crime and a Directive which must now be fully
transposed and implemented without delay. The implementation of the strategy
must be completed, including aspects relating to human trafficking in third
countries. A post-2016 Strategy should be established, covering among others
prevention, assistance to victims, safe-return and reintegration, and the role
of the internet. The need to criminalise the intentional use of services of
human trafficking victims should be examined. To reach those objectives, the
position of EU Anti-Trafficking Coordinator should be prolonged.

Trafficking in
illicit drugs remains an extremely profitable business for organised crime. In
2013, Europol and the EU’s Drugs Agency (EMCDDA) jointly produced the first
ever “Drug Markets Report”, which pointed to a growth in new psychoactive substances.
The Commission proposed legislation to withdraw such substances quickly from
the market if they are harmful to health, while respecting legitimate
industrial and commercial uses. That legislation too should be adopted and
implemented as part of the balanced approach reflected in the EU Drugs
Strategy.

Sexual
exploitation and abuse of children cause life-long damage to its victims. The
EU Directive targeting on-line exploitation must be transposed and implemented as
a matter of priority. The importance of protecting children against sexual
crimes should be more mainstreamed into other EU policy areas, and the need for
a comprehensive EU strategy examined.

Firearms-related
violence continues to cause serious injuries and loss of human life throughout
the EU and more must be done to address illicit trafficking in firearms.
Reviewing existing EU legislation on the sale and intra-EU transfer of firearms
would, if combined with stronger practical law enforcement efforts, reduce the
risk of illegal use and trafficking of firearms.

Finally, the
effectiveness of existing agreements and arrangements for the sharing of law
enforcement information with third countries should remain under review and, if
necessary, be developed further. The increasing use of Passenger Name Record (PNR)
data, both in third countries and among Member States, should be addressed in
the context of a new regulatory framework at EU level, guaranteeing a high
level of data protection for both the processing of PNR data within the EU and
for the transfer of PNR data from the EU to third countries. The EU PNR
instrument should be finally adopted and implemented. Also, the Data Retention
Directive should be reviewed, in parallel with a revision of the e-Privacy
Directive and taking into account the negotiations on the Data Protection
Framework.

5.2. Prevention
of terrorism and addressing radicalisation and recruitment

Over
the past years several terrorist attacks have taken place, mostly by
individuals or smaller groups but many with severe consequences. The threat
from terrorism and violent extremism will pose a serious challenge to the EU in
the coming years. There is a worrying trend with mostly young people going to
other countries such as Syria to become foreign fighters. Whilst there, some link
up with terrorist groups. On return, they could pose a serious security threat
to the EU.

Our
response must be to prevent terrorism, as set out in the EU Counter Terrorism
Strategy, and address radicalisation leading to terrorism. We need to strengthen
our response to violent extremism and terrorism in a comprehensive manner, taking
into account both internal and external dimensions. The planned updated EU Strategy
to Combat Radicalisation and Recruitment to Terrorism will be vital to guide
further work. As proposed by the Commission, the focus should be on helping
people who want to leave environments of extremism, training of local actors, engaging
with local communities, working more with the private sector to counter online
radicalisation, and better integrating the internal actions with external
efforts. Countering violent extremism should continue to be part of EU
development and security assistance to third countries, including aspects of
education, civil society, gender, governance and media.

To
support these efforts the Radicalisation Awareness Network should be
strengthened and developed into a knowledge hub collecting good practises and
better coordinating work between practitioners.

The
EU has a role in helping Member States to network law enforcement and improve
training and exercises for Law Enforcement authorities responsible for handling
terrorist attacks. ATLAS, an EU network of anti-terror intervention forces,
conducted in 2013 the biggest EU exercise ever. This work should be taken forward
with more exercises at operational, but also strategic, level. To have better
trained and more interoperable forces should be a goal for the coming years.

The
EU has already agreed on legislation to make it more difficult to access
precursors to produce explosives. Now we must make sure it is being implemented
in an effective way. There is also a need to enhance and further prioritise
work on Chemicals, Biological, Radiological, Nuclear materials and Explosives.

Counter-Terrorism
Coordination needs to take into account the new institutional structures put in
place by the Lisbon Treaty, including to support the work of the High Representative/EEAS
on EU external relations in particular in fostering better communication
between the Union and third countries.

5.3.
Raising levels of security for citizens and businesses in cyberspace

Our
societies are more and more dependent on the internet. There is a need to build
secure and trustworthy systems so that people and businesses can make full use
of the potential of the internet. Ensuring that electronic payments can be made
in a secure manner is essential. New challenges are however emerging, including
the use of digital currencies and of online platforms facilitating many forms
of serious and organised crimes. The number of cyber-attacks is likely to increase
in the coming years, despite important measures taken to improve the
capabilities to fight cybercrime and strengthen cyber security.

The
operational capacity to fight cybercrime needs to be increased. The EU has set
up a European Cybercrime Centre (EC3) within Europol. Within its first year in
existence, the Centre has already demonstrated its value by supporting investigations
undertaken by Member States into a broad range of crimes, ranging from fraud to
online child sexual abuse. The Commission will continue to support the
development of EC3 as the focal point to fight cybercrime in Europe. One of the
major tasks for the EU will be to assist Member States in developing their
capabilities to fight cybercrime. Ideally all Member States should be equipped
with a cybercrime centre.

At
strategic level, the EU needs a more coordinated response. The first ever EU Cyber
Security Strategy has been adopted with the aim of creating the safest online
environment in the world. This vision now needs to be translated into action.

The Strategy
also recognises the need for greater international cooperation, both at
strategic and operational level. In this respect, the agreement reached with
the US at the summit in 2010 to set up a working group on cyber-security and
cybercrime has proved to be useful for achieving concrete results, in
particular the Global Alliance to combat Sexual Abuse online, set up by the EU
and the US. At present, the Alliance brings together 52 countries from all over
the world, and can serve to inspire future initiatives. The EU should make sure
that it continues to deliver results, as well as pushing for more countries to
join.

The
EU has already agreed on tougher legislation to fight cybercrime, which needs
to be implemented swiftly. Effective action in this domain also requires
stepping up cooperation with the private sector. There is also a need to
clarify jurisdiction in cyber space. In this respect, the Council of Europe's
Budapest Convention on Cybercrime will continue to play an important role for
global cooperation and Member States that have not yet ratified the convention
should do so.

5.4. Strengthening
security through border management

A
uniform and high standard of border security and management in full respect of
fundamental rights is indispensable. Border management policies have a major
role to play in counteracting cross-border crime and maintaining a high level
of security.

The
integrated border management strategy should be updated based on the experience
gained from implementing the current policy instruments. The EU should consider
how existing systems and platforms can be integrated and should aim for further
cooperation at national level between border guards and other authorities
working at the border in order to increase security.

In
relation to the movement of goods, following the Commission’s Communication of
2013, a strategy will be presented in 2014 on Customs Risk Management and
Security of the Supply Chain. This initiative will allow for more effective
risk management by: improving the availability and use of supply chain data;
strengthening cooperation and coordination among customs authorities
internationally and with other law enforcement and security agencies;
reinforcing capacities at Member State and EU level for a more integrated and
consistent EU response to supply chain risks.

5.5.
Increasing Europe's resilience to crises and disasters

The
EU has significantly enhanced its capacity to prevent, prepare and respond to natural
and man-made disasters. Focus will now be on making sure that the systems put
in place work. The Emergency Response Coordination Centre has assumed its role
as a service provider and as a platform for the coordination of response to
major disasters.

A key
challenge will be to fully implement the new civil protection legislation,
which maps out future work at EU level in this field. Modalities for the use of
the solidarity clause, which provide the framework for responding to major
crisis, remain to be agreed. Mainstreaming disaster management considerations
in other policies and funds, as well as strengthening the input of science and
innovation into disaster management will be pursued.

Operational
challenges such as interoperability of equipment and communication systems need
to be addressed and work on training and exercises will have to be intensified.

5.6.
Building internal security in a global context

European
internal security also means acting beyond EU borders and in cooperation with
third country partners. Radicalisation, fight against trafficking of human
beings and fight against drug trafficking for example require such cooperation.

The
levels of instability in many third countries threaten democracy, the rule of
law and human rights within the countries but could also have important impacts
on the EU.  Internal security concerns should be more systematically addressed
as part of EU external policies, linked to EU assistance and cooperation
programmes and other policy tools used for international cooperation. This
should be done by providing assistance in law enforcement capacity-building, by
offering training, or by sharing knowledge and best practice. The EU will
reinforce its development cooperation with its partners, supporting their efforts
to strengthen protection of human rights, the rule of law, governance aspects such
as transparency, participation and accountability.

The
EU should continue to work with partners at national and regional level towards
constructing a shared agenda on security, looking at synergies and coherence
with Member States and other donors. In order to reflect home affairs strategic
priorities in the international agenda, cooperation with the EEAS should be
further strengthened.

Conclusion

Ensuring
freedom, security and justice is a key objective for the European Union. Since
1999, when the Amsterdam Treaty came into force and the Tampere Programme was
adopted, much has been done to safeguard an open and secure Europe, anchored in
the respect for fundamental rights and based on a determination to serve
European citizens. Implementation of legislation and consolidation of these
achievements as well as enhanced practical cooperation need to be priorities
for future work. Monitoring and evaluation of the effectiveness of legislation
and policies will allow adjusting our actions and the strategic use of EU
funding will enable a better focus on EU priorities in line with EU
Institutions’ commitment to smart regulation. The citizens-oriented approach
should remain a guiding principle for further work.

At the same time
we need to focus attention on the opportunities and challenges that lie ahead.
It must be clear to all that the European Parliament, the Member States, the Commission, the High representative/EEAS, EU Agencies, and many others will have to
join forces more strongly to be able to respond in an effective manner to a
changing environment. This Communication aims at identifying such challenges
and presents measures that the Commission believes should be discussed with the
European Parliament and the Council, and should be taken into account when the
European Council defines its strategic guidelines in accordance with Article 68.