authorising the opening of negotiations for an agreement between the European Union and the Republic of Turkey on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Turkish 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.

This Recommendation specifically concerns negotiations with Turkey, although cooperation with any country needs to be seen in the context of the region as a whole. The current instability in the region, especially the situation in Syria and Iraq, 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, as well as the migration-related challenges being faced such as the facilitation of irregular migration and trafficking in human beings. Turkey has also demonstrated its interest in cooperating on counter terrorism with EU law enforcement, notably with the joint training organised by CEPOL. Cooperation with local law enforcement is critical to addressing these challenges.

Europol's current cooperation with Turkey is based on an Agreement on Strategic Cooperation concluded in 2004. This agreement facilitates cooperation in exchange of strategic and technical information of mutual interest, of law enforcement experience, of legislation, manuals, technical literature and other law enforcement material and training. The EU-Turkey Joint Action Plan of November 2015 agreed to further intensify cooperation with Europol through the deployment of a Turkish liaison officer. On 21 March 2016, Europol and Turkey signed a Liaison Agreement allowing for enhanced cooperation. As a result, a liaison officer representing the Turkish National Police was seconded to Europol in May 2016, which has resulted in some positive developments and contacts. However, these agreements do not authorise the exchange of data related to an identified individual or identifiable individuals.

Political context

Turkey is a key partner for the European Union. Since 1964, when it was linked to the EU by an Association Agreement, cooperation with Turkey has increased. In December 1999 the European Council granted the status of candidate country to Turkey and accession negotiations were launched in October 2005. Deepening cooperation with Europol is relevant in the context fulfilling all remaining benchmarks under the Visa Liberalisation Roadmap. At the EU-Turkey Summit held on 29 November 2015 it was agreed to expand and intensify the political dialogue across all areas, including foreign and security policy, migration and counter terrorism.

Turkey and the EU have reiterated their commitment to tackle the threat posed by Daesh and foreign terrorist fighters, as well as the threat posed and continues to pose by the PKK which the EU has designated as a terrorist organisation. At the EU-Turkey Counter-Terrorism Dialogue in June 2016, both sides agreed to explore ways of enhancing collaboration on information sharing, law enforcement and judicial cooperation, including in the field of terrorism-related deportations and the financing of terrorism. The interest in enhancing collaboration on information sharing was reiterated at the EU-Turkey Counter-terrorism Dialogue in November 2017; a high-level seminar on counter-terrorism cooperation and arms trafficking at Europol is envisaged.

Turkey and the EU have also reiterated their commitment to work together to drive forward international efforts such as the Global Counter Terrorism Forum (GCTF), the Global Coalition to Counter ISIL/Daesh and the Financial Action Task Force (FATF) .

Cooperation in the area of migration was stepped up on the basis of a Joint Action Plan activated at the EU-Turkey Summit held on 29 November 2015 and the EU-Turkey Statement of 18 March 2016, with the aim to end irregular migration from Turkey to the EU, in full compliance with EU and international standards. The EU-Turkey Statement has been producing tangible results, despite the challenging circumstances. The number of irregular border crossings since activation of the Statement continues to be substantially reduced and the loss of lives has been stemmed.

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 Turkey is needed in particular to counter the following crime phenomena:

Terrorism: Recent terrorist attacks illustrate the terrorist threat faced by both Turkey and the EU. Islamist terrorism, in particular Daesh but also al-Qaeda, constitutes a common threat. As regards European foreign terrorist fighters, Turkey has been the main transit hub for travel to, and return from Syria and Iraq. Both Turkey and the EU have reiterated their commitment to stem this flow. Turkish authorities have made significant efforts in this regard but stressed the importance of receiving advance information on suspected travellers. Recent incidents have also shown that insufficient, delayed or uncoordinated exchange of information could allow arrested travellers to return undetected to Europe.

In addition, while the PKK is assessed to pose a low threat to Europe, the EU has recognised the grave threat it posed to Turkey. The PKK has been designated as a terrorist organisation by the EU.

The exchange of operational information will support joint work to counter this terrorist threat, including to address fundraising, propaganda and recruitment activities in the EU.

Migrant smuggling: Migrant smugglers are using Turkey to smuggle migrants from Asia, Africa and the Middle East into Europe. Irregular migrants enter Turkey through eastern Turkish land borders with Iran, Iraq and Syria and also via air borders, in particular by transiting through Istanbul airport. Istanbul itself operates as a hub for irregular migrants before they proceed to either the land borders with Bulgaria and Greece, or to the Aegean coastline.