COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE EUROPEAN COUNCIL AND THE COUNCIL Ninth progress report towards an effective and genuine Security Union
Date: 2017-07-26
Institutions: Directorate-General for Migration and Home Affairs, European Commission
Subjects: EU migration policy, European security, application of EU law, area of freedom, security and justice, border control, computer crime, exchange of information, external border of the EU, organised crime, terrorism

EN 

   EN 

   EUROPEAN COMMISSION  Brussels, 26.7.2017  COM(2017) 407 final   COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE EUROPEAN COUNCIL AND THE COUNCIL Ninth progress report towards an effective and genuine Security Union {SWD(2017) 278 final}  
 
 
I. 

INTRODUCTION 

This  is  the  ninth  monthly  report  on  the  progress  made  towards  building  an  effective  and 
genuine Security Union and covers developments under two main pillars: tackling terrorism 
and  organised  crime  and  the  means  that  support  them;  and  strengthening  our  defences  and 
building resilience against those threats.  

This  report  sets  out  the  conclusions  the  Commission  draws  from  the  comprehensive 
assessment of the Union's action in the area of internal security published together with 
this  report.1  Launched  in  December  2016,  the  assessment  scrutinised  the  relevance  and 
effectiveness of EU policies and instruments to support Member States in tackling terrorism 
and preventing radicalisation, disrupting organised crime and fighting cybercrime. Looking at 
action taken at EU level in the area of internal security, the assessment is based on in-house 
analysis by the Commission services, surveys carried out with Member States' authorities and 
EU  agencies,  and  an  inclusive  dialogue  with  a  wide  range  of  stakeholders  including  the 
European Parliament, national Parliaments, civil society, think tanks, academia and industry 
representatives. 

While  the  overall  result  of  the  comprehensive  assessment  is  positive  and  confirms  the 
appreciation and relevance of the main instruments of EU security policy, the assessment also 
identified challenges and gaps that have an impact on effective cooperation in the Security 
Union. This report sets out how the Commission sees the way to address these challenges and 
gaps with the aim further to increase the effectiveness of EU security policy. This includes the 
need further to develop and adjust existing policies and tools to respond to the evolving threat 
posed by terrorism, as also highlighted by the European Council conclusions2 of 22-23 June 
2017,  the  G20  Action  Plan  on  Countering  Terrorism3  of  7  July  2017  and  the  Taormina  G7 
Summit statement4 on the fight against terrorism and violent extremism of 26 May 2017. 

This report also provides an update on progress made in the implementation of priority files 
on  security,  with  the  next  steps  taken  to  prevent  terrorist  financing  through  trafficking  in 
cultural  goods  and  to  enhance  the  exchange  of  information  through  the  interoperability  of 
information  systems  and  their  full  implementation.  In  terms  of  non-legislative  action,  this 
report provides an update on measures taken to prevent radicalisation online, strengthen the 
protection  of  soft  targets  and  support  national  action  through  EU  funding  for  internal 
security  policies.  Finally,  this  report  also  addresses  recent  developments  on  the  external 
dimension that are relevant for the work towards an effective and genuine Security Union. 

II.  

COMPREHENSIVE ASSESSMENT OF EU SECURITY POLICY 

1. Overall assessment: EU action brings added value in supporting Member States 

The  comprehensive  assessment  shows  that  stakeholders  consider  the  Union's  action  in  the 
area of internal security and the instruments used as appropriate, relevant and effective in 
producing  positive  results.  EU  policies  on  internal  security  are  perceived  as  bringing  added 
value  in  supporting  Member  States'  action,  in  line  with  Member  States'  operational 
responsibility  for  ensuring  security  and  the  supporting  role  entrusted  to  EU  institutions  and 

1   SWD(2017) 278 final (26.7.2017). 
2   http://www.consilium.europa.eu/en/meetings/european-council/2017/06/22-23-euco-conclusions_pdf/. 
3   http://www.consilium.europa.eu/press-releases-pdf/2017/7/47244662401_en.pdf.  
4    http://www.consilium.europa.eu/en/press/press-releases/2017/05/26-statement-fight-against-terrorism/.  

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EU  agencies  by  the  Treaties.  Neither  substantial  negative  side  effects,  nor  significant 
duplication or overlap were identified. 

Notably, the comprehensive assessment highlights the added value of EU action in facilitating 
information  exchange  and  operational  cooperation.  Instruments  and  tools  such  as  the 
Schengen  Information  System,  joint  investigation  teams,  the  European  Arrest  Warrant  or 
mutual legal assistance support national authorities in collecting and exchanging information 
and  evidence,  allow  them  to  carry  out  coordinated  operational  action,  and  help  them  bring 
offenders to justice. In addition, the overall assessment is that EU measures have contributed 
to  improve  national  capabilities  to  counter  terrorism,  serious  and  organised  crime  and 
cybercrime,  including  through  training,  exchange  of  best  practices  and  cross-border 
cooperation.  Frameworks  for  cooperation,  such  as  the  EU  Policy  Cycle  for  organised  and 
serious international crime, help define common priorities for operational action by Member 
States' authorities at national level and across borders. EU agencies in the area of justice and 
home  affairs  have  turned  into  central  actors  in  their  respective  areas  of  competence,  as 
illustrated  by  the  support  provided  by  Europol  through  its  specialised  centres5  or  Eurojust's 
role  in  facilitating  the  implementation  of  the  European  Arrest  Warrant  and  the  European 
Investigation Order.  

In  terms  of  EU  legislation,  the  comprehensive  assessment  shows  that  overall,  stakeholders 
are satisfied with the EU framework in the area of internal security and the legal certainty it 
brings.  EU  legal  framework  for  internal  security  policy  has  developed  over  time  and  has 
proven  able  to  adjust  to  evolving  threats.  While  no  major  gaps  in  legislation  have  been 
identified, the comprehensive assessment indicates a need for targeted changes and additions 
to  the  EU  framework  in  order  to  address  evolving  threats  or  to  streamline  existing  rules  to 
reduce complexity for those who apply them on the ground (see Section II.2 below, including 
on the Commission's conclusions from these findings). 

The  comprehensive  assessment  confirms  that  the  compliance  with  fundamental  rights  is  a 
key characteristic of EU security policy, in line with the legal obligation under the Treaties. In 
addition  to  effective  judicial  control  by  the  Court  of  Justice  of  the  European  Union,  the 
Commission  has  developed  several  mechanisms  to  mainstream  fundamental  rights  in  the 
formulation of legislative and policy proposals. This includes assessing the impact of planned 
policy measures on fundamental rights as part of impact assessments under better regulation6, 
or  involving  the  European  Data  Protection  Supervisor  and  the  EU  Fundamental  Rights 
Agency  at  an  early  stage  of  working  on  specific  initiatives.  The  on-going  work  on  the 
interoperability  of information  systems  is  one example  where  the input  and  guidance  of  the 
European  Data  Protection  Supervisor  and  the  EU  Fundamental  Rights  Agency  is  taken  into 
account at an early stage of developing a new policy approach.7 Fundamental rights are also 
taken into consideration when evaluating the impact and effectiveness of EU instruments and 
policies  to  verify  whether  they  remain  necessary,  proportionate  and  fit  for  purpose.  The 
Commission also assists national authorities to ensure compliance with fundamental rights in 
implementing  relevant  EU  legislation.  The  Commission  will  continue  to  apply  and  further 
develop these mechanisms to ensure full compliance with fundamental rights in EU security 

5   The European Counter Terrorism Centre (ECTC), the European Cybercrime Centre (EC3) and the European 

Migrant Smuggling Centre (EMSC). 

6   See  the  Commission  Staff  Working  Paper  on  Operational  Guidance  on  taking  account  of  Fundamental 

Rights in Commission Impact Assessments (SEC(2011) 567 final, 6.5.2011). 

7   See  the  Seventh  progress  report  towards  an  effective  and  genuine  Security  Union  (COM(2017)  261  final, 

16.5.2017). 

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policy,  in  line  with  the  understanding  that  protecting  citizens'  security  and  complying  with 
fundamental rights are complementary. 

2. Main challenges for an effective EU security policy and how to address them 

While the overall conclusion of the comprehensive assessment is positive, the assessment also 
identified  challenges  and  gaps  that  have  an  adverse  effect  on  cooperation  in  the  Security 
Union. These challenges and gaps can be summarised as follows: 

 

 

 

the incomplete implementation of some EU policies and instruments at national level 
reduce their effectiveness; 
the  complexity  of  some  EU  instruments  and  tools  make  it  harder  for  national 
authorities to use them to full effect; 
limited capacities at national level call for further pooling of resources and expertise 
at EU level and synergies across policy areas; 

  evolving threats which require the EU to update its instruments and tools. 

By identifying these challenges and gaps, the comprehensive assessment confirms a number 
of  policy  initiatives  the  Commission  has  recently  launched  and  calls  for  further  action.The 
Commission will follow up on these findings in accordance with better regulation principles. 

Supporting the full implementation of EU measures 

The comprehensive assessment shows that for a number of key EU policies and instruments 
in the area of internal security, there is a  lack of full implementation by Member States at 
national level. Examples for this are the legislation in the area of organised crime8 or the Prüm 
framework9 for the exchange of DNA data, fingerprint data and vehicle registration data. Lack 
of  full  implementation  of  these  instruments  impedes  their  effectiveness  and  prevents  all 
Member States from exploiting their full potential. 

The Commission will continue to support Member States in implementing EU legislation 
during the transposition period. An example for this is the support for the implementation of 
the EU Passenger Name Record (PNR) Directive10 that needs to be implemented by 25 May 
2018. The Commission presented an implementation plan11, provided additional funding and 
organises regular meetings with Member States experts to share related knowledge, expertise 
and best practice (see Section III.1 below). Another example is the on-going implementation 
of the Directive on security of network and information systems (NIS Directive) that needs to 
be implemented by 9 May 2018.12 In line with the findings of the comprehensive assessment, 
the  Commission  will  pay  special  attention  to  the  implementation  of  the  Directive  on 
combating  terrorism13  and  recent  legislation  on  terrorist  financing14,  as  the  comprehensive 
assessment reveals that some stakeholders highlighted the risk of difficulties in implementing 
these instruments. 

8   Notably  the  Framework  Decision  on  the  fight  against  organised  crime  (Council  Framework  Decision 

2008/841/JHA, 24.10. 2008). 

9   Council Decisions 2008/615/JHA and 2008/616/JHA (23.6.2008). 
10   Directive (EU) 2016/681 (27.4.2016). 
11   SWD(2016) 426 final (28.11.2016). 
12   Directive (EU) 2016/1148 (6.7.2016). 
13   Directive (EU) 2017/541 (15.3.2017). 
14   Directive (EU) 2015/849 (20.5.2015). 

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The  Commission  will  also  continue  to  exercise  its  role  as  Guardian  of  the  Treaties  and 
commence infringement proceedings whenever necessary to ensure the full application of EU 
law in the area of internal security. In line with the findings of the comprehensive assessment, 
the  Commission  will  continue  to  combine  the  use  of  these  enforcement  powers  with 
measures to share knowledge and expertise with the Member States concerned. An example 
of  this  is  the  technical  support  provided  by  the  Commission  in  parallel  to  the  infringement 
proceedings  against  those  few  Member  States  that  have  not  yet  implemented  the  Prüm 
framework (see Section III.1 below). 

Member States' authorities referred to the lack of technical expertise and financial resources 
as important reasons for delays in the implementation process, especially in cases of new or 
upgraded information. The Commission notes that EU funding is available under the Internal 
Security  Fund  –  Police,  but  the  absorption  by  Member  States  should  be  improved,  with  an 
implementation rate of 26% on 15 June 2017 (see also Section III.2 below). The Commission 
will continue to support Member States in using the available funding to best effect. 

Reducing the complexity of EU instruments and tools 

The comprehensive assessment indicates that for some EU instruments, the complexity of the 
EU legislation governing these tools impedes their effective use by national authorities. An 
example of this is the set of diverging EU rules on access to EU information systems by law 
enforcement authorities or the current legal frameworks for obtaining cross-border access to 
electronic evidence that reflect traditional concepts of territoriality and are challenged by the 
cross-jurisdictional nature of electronic services and data flows. This is partially because the 
different instruments were developed over a longer period of time, which in some cases has 
resulted in a complex web of instruments that makes it difficult for national authorities to use 
these tools. Moreover, EU legislation has not always brought the necessary clarity in terms of 
definitions,  resulting  in  diverging  rules  in  Member  States  that  hamper  operational 
cooperation. This was notably the case in the area of counter-terrorism prior to the adoption of 
the  Directive  on  combating  terrorism15  that  criminalises  acts  such  as  the  financing  of 
terrorism,  undertaking  training  or  travelling  for  terrorist  purposes,  as  well  as  organising  or 
facilitating such travel. 

The  Commission  has  already  taken  action  to  address  the  complexity  of  EU  legislation 
highlighted  by  the  comprehensive  assessment.  In  the  area  of  information  exchange,  the 
Commission identified the complex landscape of differently governed information systems as 
an obstacle that impedes the work of national authorities,16 and it proposed a way forward to 
overcome this obstacle through the interoperability of information systems17, including with 
more  streamlined  rules  for  law  enforcement  access  respecting  fundamental  rights,  in 
particular  data  protection.  The  Commission  also  reviewed  the  mechanisms  for  obtaining 
cross-border  access  to  electronic  evidence.  On  that  basis,  the  Commission  implements 
practical  measures  to  improve  such  access  within  the  current  legislative  framework  while 
working on an impact assessment to inform possible future legislative action.18  

15   Directive (EU) 2017/541 (15.3.2017). 
16   See  the  Communication  on  Stronger  and  Smarter  Information  Systems  for  Borders  and  Security 

(COM(2016) 205 final, 6.4.2016). 

17   See  the  Seventh  progress  report  towards  an  effective  and  genuine  Security  Union  (COM(2017)  261  final, 

16.5.2017). 

18   See  the  Eighth  progress  report  towards  an  effective  and  genuine  Security  Union  (COM(2017)  354  final, 

29.6.2017). 

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The  Commission  will  also  review  the  legislative  acts  identified  by  the  comprehensive 
assessment as possibly obsolete or outdated. In November 2014, the Commission proposed to 
repeal 24 acts in the area of police cooperation and judicial cooperation in criminal matters.19 
The  co-legislators  adopted  the  proposals  on  20  January  2016  and  in  all  26  acts  were 
repealed.20 

The comprehensive assessment also shows the importance of training to increase end-users' 
knowledge of existing EU instruments and their ability to use them effectively. Stakeholders 
also  referred  to  the  added  value  of  exchange  and  secondment  programmes  for  national 
officials as a way to share best practice in the use of EU instruments. The Commission works 
closely with the European Union Agency for Law Enforcement Training (CEPOL) to ensure 
that its training programme is in line with Union priorities in the area of security and that the 
Agency contributes to equipping national officials with the knowledge and skills they need to 
cooperate effectively with their counterparts in other Member States, making full use of the 
agencies'  new  mandate  from  1  July  2016.21  The  Commission  supports  a  range  of  training 
programmes  developed  by  the  European  Judicial  Training  Network  (EJTN)  for  prosecutors 
and judges implementing Union legislation on judicial cooperation in criminal matters. 

Capacity  building  at  EU  level  through  pooling  of  resources  and  expertise  and  exploiting 
synergies 

It  results  from  the  comprehensive  assessment  that  there  is  scope  for  further  pooling  of 
resources at EU level. Where individual Member States lack specific expertise or resources, 
there  is  potential  benefit  in  the  development  of  shared  capacity  at  EU  level.  Stakeholders 
referred  in  particular  to  technology-intensive  areas  such  as  cybersecurity,  chemical, 
biological,  radiological  or  nuclear  (CBRN)  materials  or  the  analysis  of  big  data  or  open 
sources. EU agencies play a central role in providing shared resources to individual Member 
States.  For  example,  the  European  Cybercrime  Centre  (EC3)  at  Europol  supports  national 
authorities  in  the  fight  against  cybercrime  and  the  law  enforcement  response  to  large-scale 
cyber-attacks, through forensic expertise or with cybercrime-related information from public, 
private and open sources. The European Counter-Terrorism Centre and the European Migrant 
Smuggling  Centre  at  Europol  perform  similar  support  functions  in  their  respective  areas. 
Another example is the role played by the EU Agency for Network and Information Security 
(ENISA)  in  supporting  the  cooperation  between  Member  States  under  the  Directive  on 
security of network and information systems (NIS Directive). The comprehensive assessment 
shows  that  the  support  provided  by  EU  agencies  is  considered  highly  valuable  by 
stakeholders.  The  Commission  has  worked  to  ensure  that  the  EU  agencies  have  the  means 
they need to fulfil this support function. 

Networks  at  EU  level  are  another  way  of  pooling  expertise  in  specific  areas  of  internal 
security. The comprehensive assessment underlines the added value of European networks or 
cooperation  structures  that  complement  the  work  of  EU  agencies  and  foster  operational 
cooperation. This includes networks specialised in environmental crime (EnviCrimeNet), drug 
trafficking  (Maritime  Analysis  and  Operations  Centre  –  Narcotics),  crime  prevention 
(European  Crime  Prevention  Network),  special  intervention  units  (ATLAS  Network), 
chemical,  biological,  radiological  or  nuclear  (CBRN)  materials  (CBRN  Advisory  Group)  or 

19   COM(2014) 713 final, COM(2014) 714 final and COM(2014) 715 final (28.11.2014). These proposals were 
based  on  an  assessment  of  the  legal  acts  related  to  the  Area  of  Freedom,  Security  and  Justice  that  was 
carried out in the light of the end of transitional provisions set out in the Protocol 36 to the Treaty of Lisbon. 

20   Regulation (EU) 2016/93, Regulation (EU) 2016/94 and Regulation (EU) 2016/95 (20.1.2016). 
21   Regulation (EU) 2015/2219 (25.11.2015). 

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transport  security  (Airpol  and  Railpol).  The  Commission  will  continue  using  this  network 
approach  where  necessary,  as  is  the  case  with  the  recently  established  EU  Soft  Target 
Protection Policy Group to allow for a more structural exchange of information and sharing of 
best practice on operational action to protect soft targets. 

It  results  from  the  comprehensive  assessment  that  due  to  the  cross-cutting  nature  of  the 
challenges  related  to  terrorism,  serious  crime  and  cybercrime,  there  is  scope  for  further 
exploiting  synergies  at  EU  level  between  security  policy  and  related  policy  areas. 
Examples  include  the  need  for  closer  cooperation  between  police  authorities,  border  guards 
and customs authorities, or the links between security policy and transport police in areas such 
as aviation security or maritime security. The Commission responded to this need for cross-
sectorial action with the creation of a specific Commissioner portfolio for the Security Union 
assisted by a cross-cutting Task Force drawing on the expertise of the entire Commission. 

The  comprehensive  assessment  also  highlights  that  the  EU  level  provides  added  value  to 
national  authorities  by  bringing  together  various  actors  from  outside  the  public  sector. 
Stakeholders  refer  to  the  importance  of  cooperation  between  public  authorities  and  industry 
on  tackling  cybercrime  or  radicalisation  online,  or  the  importance  of  involving  local 
practitioners,  academics  and  researchers  in  efforts  to  prevent  violent  radicalisation  in 
communities. The Commission will continue to support this work with entities such as the EU 
Internet  Forum  or  the  Radicalisation  Awareness  Network  Centre  of  Excellence.  The 
Commission will also consider organising regular strategic dialogues on security policy with a 
wide range of stakeholders. 

Addressing evolving threats 

An overall challenge for EU security policy is the need to ensure that instruments and tools 
are up-to-date to address evolving security threats. The comprehensive assessment shows that 
new and emerging threats have repeatedly required targeted revision of existing EU tools  or 
legislation  on  internal  security.  In  the  area  of  counter-terrorism,  the  overall  conceptual 
framework  for  EU  action  on  internal  security  has  remained  valid  and  allowed  adapting 
individual instruments and tools in response to a rapidly changing security environment. 

The Commission will continue to assess the need for targeted changes to existing instruments 
and tools on internal security. Recent examples include the setting up of a High-Level Expert 
Group on Radicalisation22 to facilitate the further development of EU policies in response to 
an unprecedented scale of radicalisation and the upcoming review of the 2013 Cybersecurity 
Strategy to provide an up to date and effective response to the growing threat of cybercrime. 

The  upcoming  European  Parliament  special  committee  on  terrorism23  provides  an 
additional  opportunity  further  to  analyse  if  the  existing  EU  counter-terrorism  measures  are 
appropriate to respond to the evolving terrorist threat in Europe, and to identify practical and 
legal  obstacles  that  need  to  be  addressed.  The  Commission  will  actively  contribute  to  the 
work  of  the  special  committee,  seeking  to  achieve  an  outcome  that  will  provide  a  basis  for 
further joint action with the European Parliament's Committee on Civil Liberties, Justice and 
Home Affairs (LIBE) and the Council. 

22    See  the  Eighth  progress  report  towards  an  effective  and  genuine  Security  Union  (COM(2017)  354  final, 

29.6.2017). 

23   http://www.europarl.europa.eu/news/en/press-room/20170629IPR78658/special-committee-to-tackle-

deficiencies-in-the-fight-against-terrorism. 

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III.  

IMPLEMENTATION OF PRIORITY FILES ON SECURITY  

1. Legislative initiatives 

On  13  July  2017,  the  Commission  adopted  a  proposal24  for  a  Regulation  to  prevent  the 
import and storage in the EU of cultural goods illicitly exported from a third country, 
thereby reducing trafficking in cultural goods, combatting terrorism financing and protecting 
cultural heritage. This is a further step in implementing the February 2016 Action Plan to step 
up the fight against the financing of terrorism25, and it also responds to the call by the Security 
Council  of  the  United  Nations26  to  take  steps  to  counter  the  illicit  trade  and  trafficking  in 
cultural  property  in  particular  when  originating  from  a  context  of  armed  conflict  and 
conducted  by  or  benefiting  to  terrorist  groups.  Once  adopted  by  the  co-legislators,  the 
Commission proposal will establish a common definition for cultural goods at import, ensure 
importers  exercise  diligence  when  buying  cultural  goods  from  third  countries,  determine 
standardised information to certify the goods are legal, and provide for effective deterrents to 
trafficking. The Commission calls on the co-legislators to work on the proposal as a matter of 
priority. 

There  is  also  further  progress  in  the  work  on  stronger  and  smarter  information  systems  for 
borders  and  security.  On  12  July  2017,  the  European  Parliament's  Committee  on  Civil 
Liberties,  Justice  and  Home  Affairs  (LIBE)  and  the  Council'  Committee  of  the  Permanent 
Representatives  (COREPER)  confirmed  the  agreement  reached  on  the  Entry/Exit  System 
(EES). Proposed by the Commission in April 2016,27 the system will register entry and exit 
data  of  non-EU  nationals  crossing  the  EU's  external  borders  and  therefore  contribute  to 
enhancing external border management and internal security. The political agreement on the 
Entry/Exit  System  is  an  important  step  towards  achieving  full  interoperability  of  EU 
information systems by 2020, in line with the Commission's new approach to the management 
of data  for borders and security.28  At the informal  meeting  of the Justice and Home  Affairs 
Council in Tallinn on 6/7 July 2017, Member States reiterated their commitment to work on 
the interoperability of information systems as a matter of priority. The Commission calls on 
the  co-legislators  to  accelerate  the  work  on  related  legislative  proposals  on  information 
systems that are currently under discussion.29 

Work  also  continues  on  implementing  existing  systems  and  maximising  their  benefits  – 
another key area for action to make the information systems for borders and security stronger 
and smarter. As part of the support provided to the implementation of the  Passenger Name 
Records  (PNR)  Directive,  the  Commission  services  held  on  22  June  2017  a  fifth  meeting 
with Member States experts to share related knowledge, expertise and best practice. As less 

24   COM(2017) 375 final (13.7.2017). 
25   COM(2016) 50 final (2.2.2016). See the Eighths progress towards an effective and genuine Security Union 
(COM(2017)  354  final,  29.6.2017)  for  an  overview  of  the  state  of  play  of  implementation  of  the  Action 
Plan. 

26   UN Security Council Resolution 2347 (24.3.2017). 
27   COM(2016) 194 final (6.4.2016). 
28   See  the  Seventh  progress  report  towards  an  effective  and  genuine  Security  Union  (COM(2017)  261  final, 

16.5.2017). 

29   These  are  the  proposal  to  establish  a  European  Travel  Information  and  Authorisation  system  (ETIAS) 
(COM(2016)  731  final,  16.11.2016),  the  proposals  to  strengthen  the  Schengen  Information  System 
(COM(2016)  881  final,  882  final  and  883  final,  21.12.2016),  the  proposal  to  Eurodac  (COM(2016)  272 
final,  4.5.2016)  and  the  supplementary  proposal  to  facilitate  the  exchange  of  criminal  records  of  third-
country  nationals  in  the  EU  through  the  European  Criminal  Records  Information  System  (ECRIS) 
(COM(2017) 344 final, 29.6.2017).  

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than one year is left before the transposition deadline (25 May 2018), the Commission once 
again encouraged Member States to strengthen their efforts to ensure the timely establishment 
of  a  functional  PNR  system  as  an  important  instrument  in  the  response  to  the  threat  of 
terrorism.  The  Commission  sent  letters  to  those  Member  States  that  appear  to  be  less 
advanced in the implementation process in order to address the possible obstacles they might 
face and assess whether additional support is possible, including bilateral support offered by a 
number  of  those  Member  States  that  are  at  an  advanced  stage  of  implementing  the  PNR 
Directive. 

While  some  Member  States  have  made  progress  in  the  implementation  of  the  Prüm 
Decisions30,  the  Commission  has  had  to  use  its  infringement  powers  to  ensure  full 
implementation. To that end, the Commission sent Reasoned Opinions to Croatia, Ireland and 
Italy  on  18  May  2017.  In  addition  to  using  its  powers  under  the  Treaties,  the  Commission 
continues  to  support  Member  States  by  providing  funding  for  implementation  under  the 
national  programmes  within  the  Internal  Security  Fund  –  Police.  The  Commission  will 
provide an additional EUR 22 million to these national programmes for 2017 and this funding 
can be used for the implementation of Prüm. 

On  7  July  2017,  Ministers  of  Justice  discussed  the  Commission's  proposal  on  mutual 
recognition of freezing and confiscation orders31 in the Informal Justice and Home Affairs 
Council  meeting  held  in  Tallinn.  The  Commission  calls  on  the  co-legislators  to  progress 
swiftly  on  this  proposal  in  order  to  improve  the  recovery  of  criminal  assets  in  cross-border 
cases. 

2. Implementation of non-legislative actions 

Countering  radicalisation  online  remains  a  priority  in  the  fight  against  terrorism,  and  the 
Commission is accelerating its work to support Member States in addressing this challenge. 
Following a meeting of the EU Internet Forum32 at senior officials level on 27 June 2017, the 
members  of  the  EU  Internet  Forum  set  out  on  17  July  2017  an  Action  Plan  to  combat 
terrorist content online. This includes measures to step up the automated detection of illegal 
terrorist  content  online,  share  related  technology  and  tools  with  smaller  companies,  achieve 
the  full  implementation  and  use  of  the  'database  of  hashes',  and  empower  civil  society  on 
alternative narratives. Given the urgency of the matter, the Commission services will convene 
another meeting of the EU Internet Forum at senior official level in September and will report 
on progress made in the implementation of the Action Plan in one of the forthcoming Security 
Union progress report. 

Recent  terrorist  attacks  have  once  again  turned  the  focus  on  the  need  to  strengthen  the 
protection  of  soft  targets,  calling  for  innovative  responses  to  protect  crowded  places.  On 
30/31  May  2017,  the  Commission  services  hosted  a  workshop  with  experts  from  Member 
States  and  third  countries  to  exchange  good  practices  and  lessons  learned  on  soft  target 

30   These  Council  Decisions  (Council  Decisions  2008/615/JHA  and  2008/616/JHA,  23.6.2008)  have  a 
particular  focus  on  combating  terrorism  and  cross-border  crime.  They  introduced  rules  and  procedures  to 
allow  Member  States  to  quickly  search  each  other's  DNA  analysis  files,  fingerprint  identification  systems 
and vehicle registration databases. The Council Decisions should have been implemented fully by Member 
States by August 2011. 

31   COM(2016) 819 final (21.12.2016). 
32   The Commission has been working over the last two years with key internet platforms, Member States and 
other stakeholders under the EU Internet Forum to ensure the voluntary removal of online terrorist content 
and support civil society in the dissemination of alternative narratives. 

9 

 
 
                                                            
protection.  This  workshop,  organised  in  the  framework  of  the  Global  Counterterrorism 
Forum,  complemented  the  efforts  launched  in  February  2017  to  develop  an  EU  policy  and 
practitioner  platform  to  enhance  EU  resilience  against  soft  target  attacks  Moreover,  as  a 
practical  measure  supported  by  the  Commission,  Belgian  and  Dutch  Police  special 
intervention forces conducted on 29 June 2017 a cross-border soft target exercise involving a 
simulation  of  synchronised  terrorist  attacks  on  public  schools.  Involving  police  forces,  first 
responders and state emergency response teams, this exercise aimed to measure preparedness 
and  crisis  management  functions  in  case  of  attacks  taking  place  simultaneously  in 
neighbouring  countries.  The  Commission  services  will  organise  a  special  de-briefing  for  all 
Member states to disseminate best practices learned from this exercise.           

EU funding is an important tool to support Member States in implementing the steps needed 
to build an effective and genuine Security Union. Given the evolving threat posed by terrorist, 
organised  crime  and  cybercrime,  the  Commission  will  provide  EUR  90  million  in  2017  to 
support  Union  actions  under  the  Internal  Security  Fund  –  Police33,  doubling  the  amount 
provided in 2016. The respective annual work programme34, setting out funding priorities for 
targeted  cross-border  actions  in  the  area  of  internal  security,  intends  to  support  Member 
States'  efforts  to  counter  terrorism  through  projects  to  prevent  terrorist  financing,  counter 
radicalisation,  support  civil  society  in  the  dissemination  of  alternative  narratives  and 
strengthen  the  protection  of  critical  infrastructure.  The  Commission  intends  to  also  provide 
funding for cross-border projects to tackle priority crime threats such as trafficking in human 
beings, drugs trafficking, firearms trafficking and environmental crime.35 

For the first time under the Internal Security Fund – Police, the annual work programme 2017 
intends to provide funding for projects tackling cybercrime. This reflects the evolving cyber 
threat, as witnessed by recent cyber-attacks, and the fact that for almost all types of organised 
crime,  criminals  are  deploying  technology  with  ever-greater  skill  and  to  ever-greater  effect. 
To  strengthen  the  exchange  of  information,  the  Commission  intends  to  provide  funding  for 
projects  that  seek  to  maximise  the  benefits  of  existing  EU  information  systems.  This  is  a 
priority in the work on stronger and smarter information systems for borders and security36, 
and  it  will  support  the  efforts  to  make  EU  information  systems  interoperable.37  Finally,  the 
Commission  intends  to provide funding  to reinforce cross-border  police cooperation, in  line 
with its May 2017 recommendation on proportionate police checks and police cooperation in 
the Schengen area.38 

This funding comes on top of the support provided to Member States through their national 
programmes under the Internal Security Fund - Police. For the period from 2014 to 2020, the 
Commission  provides  a  total  of  EUR  754  million  to  26  Member  States  for  measures  to 
fight  crime  and  manage  risk  and  crisis.39  This  funding  can  be  used  for  a  wide  range  of 
initiatives to ensure a high level of security in the EU, such as setting up information systems, 

33   Regulation (EU) No 513/2014 (16.4.2014). 
34   The  Commission  intends  to  adopt  the  annual  work  programme  for  2017  for  Union  actions  within  the 

framework of the Internal Security Fund – Police in September 2017. 

35   See the crime threat priorities set out in the Sixth progress report towards an effective and genuine Security 

Union (COM(2017) 213 final, 12.4.2017). 

36   COM(2016) 205 final (6.4.2016). 
37   See  the  Commission's  new  approach  to  the  management  of data  for borders  and  security  as  set  out in  the 
Seventh  progress  report  towards  an  effective  and  genuine  Security  Union  (COM(2017)  261  final, 
16.5.2017). 

38   C(2017) 3349 final (12.5.2017). 
39   All  Member  States  except  Denmark  and  the  United  Kingdom  participate  in  the  implementation  of  the 

Internal Security Fund – Police. 

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acquisition  of  operational  equipment,  promoting  training  schemes  and  ensuring  operational 
cooperation. However, there is clear room for improvement in the way Member States absorb 
this  funding.  The  Commission  therefore  calls  on  Member  States  to  make  full  use  of  this 
funding to implement the priorities in the Security Union. 

3. External dimension 

The Leaders of the G20 adopted at the summit in Hamburg on 7/8 July 2017 the Action Plan 
on Countering Terrorism. By calling for action to address the evolving threat of returning 
foreign  terrorist  fighters,  facilitate  the  exchange  of  information,  fight  terrorism  finance  and 
countering  radicalisation  and  the  use  of  internet  for  terrorist  purposes,  the  Action  Plan 
confirms the current priorities of EU action in the Security Union. The Commission and the 
European External Action Service will continue to work closely with its partners outside the 
EU in implementing these policies.    

On  26  July  2017,  the  Court  of  Justice  of  the  European  Union  delivered  its  opinion  on  the 
compatibility  of  the  agreement  between  the  EU  and  Canada  on  the  transfer  and 
processing of passenger name record (PNR) data with the Treaties.40 The agreement was 
signed  in  2014  and  the  Council  requested  the  European  Parliament  to  approve  it.  The 
European Parliament decided to refer the matter to the Court of Justice in order to ascertain 
whether  the  agreement  envisaged  was  compatible  with  EU law  guaranteeing  the  respect  for 
private and family life and the protection of personal data. The Commission will revert to this 
issue in the next Security Union progress report in September 2017. 

The  informal  meeting  of  the  EU-Eastern  Partnership  Ministers  of  Justice  and  Home 
Affairs  in  Tallinn  on  7  July  focused  on  the  fight  against  cybercrime,  the  fight  against 
corruption, and essential judicial reforms. Minister reiterated their joint commitment to take 
further action to combat cybercrime and strengthen cybersecurity. They discussed legislative 
and operational challenges in the fight against cybercrime, with the perspective of enhancing 
cooperation  at  both  regional  and  international  levels  and  pursuing  further  action  in  the 
framework of the Eastern Partnership rule of law panel. 

On 19 June 2017, the Foreign Affairs Council adopted conclusions on the external aspects of 
maritime security that highlight the role of the EU as a global maritime security provider and 
call for enhanced information sharing, exchange of good practices, increased coordination of 
EU  initiatives  and  international  cooperation  at  sea  to  confront  the  emerging  challenges  and 
threats at sea. 

On 17 July 2017, the Foreign Affairs Council discussed priorities for the implementation of 
the  EU  Global  Strategy  for  Foreign  and  Security  Policy  in  2017-2018. Ministers 
highlighted the need to strengthen further the link between the internal and external dimension 
on  security,  counterterrorism  and  countering  hybrid  threats.  Ministers  also  agreed  on  two 
additional tracks  for  further  work  on  global  governance  and  regional  cooperation,  including 
on strengthening maritime security and enhancing the cyber security of the Union. 

On 19 July 2017, the Commission and the EU High Representative presented a report41 taking 
stock  of  the  progress  made  in  implementing  the  April  2016  Joint  Framework  on 

40   https://curia.europa.eu/jcms/upload/docs/application/pdf/2017-07/cp170084en.pdf.  
41   JOIN (2017) 30 final (19.7.2017). 

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Countering  Hybrid  Threats.42  It  reports  progress  on  22  actions  to  raising  awareness  on 
hybrid threats, build resilience against these threats and step up cooperation between the EU 
and NATO. 

In  the  context  of  the  EU-NATO  strategic  partnership  and  cooperation,  the  Foreign  Affairs 
Council  on  19  June  2017  adopted  conclusions  on  the  progress  made  in  implementing  the 
common set of proposals (42 actions) endorsed by EU and NATO Ministers on 6 December 
2016. The progress report underlines the need for cooperation between the two organisations 
in  the  current  strategic  environment  where  the  EU  and  NATO  are  both  faced  with 
unprecedented challenges, and neither organisation has the full range of tools to address these 
security challenges on its own. The report shows that the activities of the two organisations 
are  complementary  to  each  other  and  help  to  achieve  a  common  goal.  The  newly  created 
European  Centre  of  Excellence  for  Countering  Hybrid  Threats  in  Helsinki,  and  the 
establishment of the EU Hybrid Fusion Cell and its interaction with the newly created NATO 
Hybrid Analysis Branch, further strengthen cooperation between the EU and NATO. 

IV.  CONCLUSION 

This  report  focuses  on  the  conclusions  the  Commission  draws  from  the  comprehensive 
assessment of the Union's action in the area of internal security published together with this 
report. While the overall result of the comprehensive assessment is positive and confirms the 
relevance  and  effectiveness  of  the  Union's  action  in  the  area  of  internal  security,  the 
Commission will continue to take action to address the obstacles and gaps identified by: (1) 
supporting  the  full  implementation  of  EU  measures,  (2)  reducing  the  complexity  of  EU 
instruments  and  tools,  (3)  building  further  capacity  at  EU  level  through  the  pooling  of 
resources,  and  (4)  addressing  evolving 
the 
comprehensive assessment to the European Parliament and the Council, and it encourages the 
two Institutions to engage in a dialogue to examine its findings. 

threats.  The  Commission  will  present 

The next Security Union progress report will be presented in September 2017. 

42   JOIN (2018)18 final (6.4.2016). 

12