authorising the opening of negotiations for an agreement between the European Union and Tunisia on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Tunisian competent authorities for fighting serious crime and terrorism

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE RECOMMENDATION

In the globalised world where serious crime and terrorism are increasingly transnational and polyvalent, law enforcement authorities should be fully equipped to cooperate with external partners to ensure the security of their citizens. Europol should therefore be able to exchange personal data with law enforcement authorities of third countries to the extent necessary for the accomplishment of its tasks.

Since the entry into application of Regulation 2016/794 on 1 May 2017 and pursuant to the Treaty, the Commission is responsible, on behalf of the Union, for negotiating international agreements with third countries for the exchange of personal data with Europol. In so far as necessary for the performance of its tasks, Europol may establish and maintain cooperative relations with external partners through working and administrative arrangements that cannot by themselves be a legal basis for the exchange of personal data.

Taking into account the political strategy as outlined in the European Agenda on Security, Council Conclusions, and the Global Strategy, the operational needs of law enforcement authorities across the EU, and the potential benefits of closer cooperation in this area, the Commission considers it necessary to start negotiations in the short-term with eight countries, as identified in the 11th progress report towards a genuine and effective Security Union.

The Commission has made its assessment of priority countries taking into account Europol's operational needs. The Europol Strategy 2016-2020 identifies the Mediterranean region as priority for enhanced partnerships. The Europol External Strategy 2017-2020 also stresses the need for closer cooperation between Europol and the Middle East/North Africa (MENA) due to the current terrorist threat and migration-related challenges.

Europol does not have any agreements in place with any of the countries in this region. However, Tunisia's cooperation through Interpol demonstrates the country's willingness to share information with law enforcement partners.

This Recommendation specifically concerns negotiations with Tunisia, although cooperation with any MENA country needs to be seen in the context of the region as a whole. The current instability in the region, especially the protracted conflicts in Libya, presents a significant long-term security threat to the EU that needs to be addressed urgently. This concerns both the effective fight against terrorism and related organised crime, and migration-related challenges such as the facilitation of irregular migration and trafficking in human beings. Cooperation with local law enforcement is critical to addressing these challenges.

On the basis of technical dialogues to define common actions to improve exchange of information and joint law enforcement operational action against firearms trafficking, the EU has already agreed with Tunisia a list of actions to enhance cooperation among relevant law enforcement agencies, ensure capacity-building assistance in relevant regional and/or bilateral programmes and develop operational actions under a commonly agreed framework. This does not, however, cover the transfer of personal data.

Political context

EU-Tunisia relations date back to 1976 and gained significant momentum when Tunisia and the EU signed an Association Agreement in 1995, paving the way for two decades of mutually beneficial economic and trade relations.

EU support to the Tunisian people covers many policy areas, including accompanying the electoral process, promoting human rights, supporting democratic and socioeconomic reforms, improving security and strengthening civil society. In the context of the revision of the European Neighbourhood Policy (ENP) three additional areas for cooperation were identified: 1) economic development for stabilisation; 2) the security dimension and 3) migration and mobility. The EU has also offered Tunisia closer ties across the board, through enhanced economic and trade integration and a Mobility Partnership. In 2012, Tunisia and the EU agreed a 'Privileged Partnership' of strengthened relations and integration.

The EU has committed to strengthen the implementation of its extensive cooperation with Tunisia in the security sector, in the fight against terrorism and in preventing violent radicalisation and extremism, including by strengthening Tunisia's cooperation with relevant EU agencies and bodies, including Europol. In response, Tunisia has given high priority to the prevention of radicalisation and the fight against terrorism, and is being supported, inter alia, by the European Radicalisation Awareness Network.

The EU and Tunisia are in the process of agreeing their new strategic priorities, following the EU-Tunisia Association Council on 11 May 2017. At this meeting, both sides emphasized the progress achieved in their bilateral cooperation in the field of security and the fight against terrorism, and noted with satisfaction the marked improvement in the security situation in Tunisia, in particular due to the efforts of the national security forces.

The 2nd session of the High-Level Dialogue on Security in Brussels on 19 January 2017 reflected the shared will to intensify cooperation in this field while promoting full respect for the rule of law, human rights and fundamental freedoms.

A Counter-Terrorism and Security Dialogue is already ongoing with Tunisia, with an Action Plan covering law enforcement cooperation and referencing a future cooperation agreement with Europol. The conclusions of the meeting held on 19 January included cooperation between Europol and Tunisian authorities among the priorities for EU-Tunisia cooperation.

Operational needs

Based on data in the SOCTA 2017 and TE-SAT 2017, the above discussions, as well as, inter alia, Europol's in-house expert knowledge, cooperation with Tunisia is needed in particular to counter the following crime phenomena:

Terrorism: Terrorist groups operating in the region and across the borders (including in Libya and the Sahel) pose a threat to Tunisia and the EU, which have both been targeted by terrorist attacks.