               EUROPEAN COMMISSION
            Brussels, 20.12.2017
            COM(2017) 798 final
            Recommendation for a
            COUNCIL DECISION
            authorising the opening of negotiations for an agreement between the European Union and the Hashemite Kingdom of Jordan on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Jordanian competent authorities for fighting serious crime and terrorism

               EXPLANATORY MEMORANDUM

               1.CONTEXT OF THE PROPOSAL

               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
                  1
                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
                  2
               , Council Conclusions
                  3
               , and the Global Strategy
                  4
               , 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
                  5
               .

               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
                  6
               . 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
                  7
               .

               Europol does not have any agreements in place with any of the countries in this region.

               This Recommendation specifically concerns negotiations with Jordan, 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 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
                  8
               , 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.

               Meanwhile, 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 Jordan 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
                  9
               . Jordan has demonstrated its interest in cooperating on Counter Terrorism with EU law enforcement, notably via CEPOL training and work on terrorism financing). These exchanges do not, however, cover the transfer of personal data.

               Political context

               Jordan is a key partner for the EU in particular for its role in promoting stability, moderation and inter-faith tolerance in the Middle East. The EU and Jordan have a strong partnership across many sectors and have been linked by an Association Agreement since 2002 (advanced status since 2010).

               Jordan is facing difficult economic, social and security challenges. In particular, Jordan is hosting more than 650,000 registered Syrian refugees (around 10% of the Jordanian population before the Syria crisis), as well as other refugee populations.

               The EU and Jordan adopted in December 2016 the EU-Jordan Partnership Priorities and the EU-Jordan Compact 2016-2018. Through the Partnership Priorities, the EU and Jordan have confirmed their ambition to further strengthen their engagement towards each other, setting a strategic agenda, where one of the pillar strengthening cooperation on regional stability and security, including counter-terrorism. In particular, the EU and Jordan committed to intensify concrete co-operation and information sharing to address the challenges of terrorism, violent extremism and radicalisation within the rule of law.

               The EU-Jordan Compact includes mutual commitments through which both sides fulfil the pledges made in February 2016 at the London conference on supporting Syria and the region. These commitments were reinforced at the Brussels Conference on Supporting the Future of Syria and the Region on 5th April 2017, including in view of strengthening Jordan's resilience in light of the impact of the Syria's crisis.

               The EU and Jordan have agreed at the EU-Jordan Counter-Terrorism/Enhanced Security workshop of 15 March 2016, referred to in the EU-Jordan Compact, to take work forward in three domains: countering violent extremism (CVE); countering the financing of terrorism; aviation and border security, including through the involvement of the EU's specialised agencies. The EU and Jordan have also agreed to intensify cooperation in order to tackle the challenges of human trafficking, foreign terrorist fighters and firearms smuggling.

               The EU and Jordan are also partners of the Global Counter Terrorism Forum (GCTF)
                  10
                and the Global Coalition against Daesh. One of the EU-funded regional CBRN Centres of Excellence is hosted in Amman.

               Operational needs

               Based on data in the SOCTA 2017
                  11
                and TE-SAT 2017
                  12
               , the above discussions, as well as, inter alia, Europol's in-house expert knowledge, cooperation with Jordan is needed in particular to counter the following crime phenomena:

               Terrorism: The destabilisation of Syria and Iraq, the spread of Da'esh and other terrorist groups pose a direct security threat to Jordan and the EU, which have both been targeted by terrorist groups. European and Jordanian terrorists have notably travelled to Syria, Iraq and other conflict zones to train and fight. Closer law enforcement cooperation, including the exchange of personal data, will contribute to detect and prosecute terrorist suspects, prevent terrorism travel (including the risk of infiltration of migratory flows or relocation to other conflict areas) and terrorism financing (including the nexus with organised crime).

               Firearms trafficking: The EU and Jordan have established cooperation on firearms and agreed a work programme including exchange of best practices, training and capacity-building. As cooperation increases, the need for improved information sharing and subsequent investigations becomes even more pressing. Bordering Syria, Jordan can play a major role in preventing the entry of firearms into theatres of armed conflict, and making sure illicit shipments are intercepted, in particular on their way back to the EU.

               Migration-related challenges: There are a number of migration-related challenges related to the ongoing conflict in Syria. Areas surrounding refugee camps and close to the Syrian border are susceptible to weapons, human and sex trafficking. There are concerns that significant numbers of Syrian children are at risk, and thus vulnerable to exploitation by organised crime, as their access to basic facilities such as schools is very poor.

               Drug trafficking: The Middle East and North Africa (MENA) is a major source, transit point, and consumer of illicit drugs. With a steady base of clientele to the north, and the heroin route traversing it from east to west, the region both influences and is negatively influenced by illicit substance abuse and production. In 2016, the EU-funded Cocaine Route Programme (component AIRCOP) launched a Joint Airport Interdiction Task Force Legal Authority (JAITFs) in Jordan.

               2.LEGAL ELEMENTS OF THE RECOMMENDATION

               Regulation (EU) 2016/794 on the European Union Agency for Law Enforcement Cooperation (Europol) sets out a legal framework for Europol, in particular its objectives, tasks, scope of competence, data protection safeguards and ways to cooperate with external partners.

               This Recommendation is consistent with the provisions of the Europol Regulation.

               The objective of this recommendation is to obtain from the Council the authorisation for the Commission to negotiate the future agreement on behalf of the EU. The legal basis for the Council to authorise the opening of negotiations is Article 218(3) and (4) TFEU.

               In line with Article 218 of Treaty on the Functioning of the European Union, the Commission shall be nominated as the Union negotiator for the agreement between the European Union and Jordan on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Jordanian competent authorities for fighting serious crime and terrorism.

               Recommendation for a

               COUNCIL DECISION

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

               THE COUNCIL OF THE EUROPEAN UNION,

               Having regard to the Treaty on the Functioning of the European Union (TFEU), and in particular Article 218(3) and (4) thereof,

               Having regard to the recommendation from the European Commission,

               Whereas:

               (1)Regulation (EU) 2016/794 of the European Parliament and of the Council
                  13
                was adopted on 11 May 2016 and is applicable as of 1 May 2017.

               (2)This Regulation, in particular its Article 25, sets out the rules for the transfer of personal data from the European Union Agency for Law Enforcement Cooperation (Europol) to third countries and international organisations. Europol may transfer personal data to an authority of a third country on the basis of an international agreement concluded between the Union and that third country pursuant to Article 218 TFEU adducing adequate safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals.

               (3)Negotiations should be opened with a view to concluding such an Agreement between the European Union and the Hashemite Kingdom of Jordan.

               (4)The Agreement should respect the fundamental rights and observe the principles recognised by the Charter of Fundamental Rights of the European Union, in particular the right to private and family life, recognised in Article 7 of the Charter, the right to the protection of personal data, recognised in Article 8 of the Charter and the right to effective remedy and fair trial recognised by Article 47 of the Charter. The Agreement should be applied in accordance with those rights and principles.

               (5)

               HAS ADOPTED THIS DECISION:

               Article 1

               The Commission is hereby authorised to negotiate, on behalf of the Union, an agreement between the European Union and the Hashemite Kingdom of Jordan on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Jordanian competent authorities for fighting serious crime and terrorism.

               Article 2

               The negotiating directives are set out in the Annex.

               Article 3

               The negotiations shall be conducted in consultation with [name of the special committee to be inserted by the Council].

               Article 4

               This Decision is addressed to the Commission.

               Done at Brussels,

                     For the Council

                  The President

                     (1)

                        Regulation (EU) 2016/794 of 11 May 2016, OJ L 135, 24.5.2016, p. 53.

                     (2)

                        COM(2015) 185 final.

                     (3)

                        Council Document 10384/17, 19 June 2017.

                     (4)

                        Shared Vision, Common Action: A Stronger Europe - A Global Strategy for the European Union’s Foreign And Security Policy
                  http://europa.eu/globalstrategy/en

                     (5)

                        COM(2017) 608 final.

                     (6)

                        Europol Strategy 2016-2020, Adopted by Europol's Management Board on 1 December 2015,
                  https://www.europol.europa.eu/publications-documents/europol-strategy-2016-2020

                     (7)

                        Europol External Strategy 2017-2020, Adopted by Europol Management Board on 13 December 2016, EDOC#865852v3.

                     (8)

                        According to Europol, relevant organised crime offences in the region include illicit trafficking of firearms, drug trafficking, financial crimes including money laundering, and cybercrime.

                     (9)

                        Several initiatives in this context have been included in the firearms priority as part of the EU Policy Cycle on serious and organised crime, as well as in the Communication "Implementing the European Agenda on Security: EU action plan against illicit trafficking in and use of firearms and explosives", of 2.12.2015, COM(2015) 624 final.

                     (10)

                        Jordan is the co-chair of its Foreign Terrorist Fighters working group.

                     (11)

                  https://www.europol.europa.eu/socta/2017

                     (12)

                  https://www.europol.europa.eu/sites/default/files/documents/tesat2017.pdf

                     (13)

                        Regulation (EU) 2016/794 794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 24.5.2016, p. 53).

    ---documentbreak---

               EUROPEAN COMMISSION
            Brussels,20.12.2017
            COM(2017) 798 final
            ANNEX
            to the
            Recommendation for a COUNCIL DECISION
            authorising the opening of negotiations for an agreement between the European Union and the Hashemite Kingdom of Jordan on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Jordanian competent authorities for fighting serious crime and terrorism

               ANNEX

               Directives for the negotiation of an agreement between the European Union and the Hashemite Kingdom of Jordan on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Jordanian competent authorities for fighting serious crime and terrorism

               In the course of the negotiations the Commission should aim to achieve the objectives set out in detail below.

               (1)The objective of the Agreement shall be to provide the legal basis for the transfer of personal data between Europol and the competent authorities of Jordan respectively, in order to support and strengthen the action by the competent authorities of this country and Member States as well as their mutual cooperation in preventing and combatting serious transnational crime and terrorism, while ensuring appropriate safeguards with respect to the protection of privacy, personal data and fundamental rights and freedoms of individuals.

               (2)To guarantee purpose limitation, cooperation under the Agreement shall only relate to crimes and related criminal offences falling within Europol's competence in accordance with Article 3 of Regulation 2016/794 (together "criminal offences"). In particular, cooperation should be aimed at tackling terrorism and preventing radicalisation, disrupting organised crime notably illicit trafficking of firearms, migrant smuggling and drug trafficking, and fighting cybercrime.

               (3)The Agreement shall spell out clearly and precisely the necessary safeguards and controls with respect to the protection of personal data, fundamental rights and freedoms of individuals, irrespective of nationality and place of residence, in the exchange of personal data between Europol and the Jordanian competent authorities.

               In particular:

               (a)The purposes of the processing of personal data by the Parties in the context of the Agreement shall be spelt out clearly and precisely, and shall be no wider than what is necessary in individual cases for the purpose of preventing and combating terrorism and criminal offences referred to in the Agreement.

               (b)Personal data transferred by Europol in accordance with the Agreement shall be processed fairly, on a legitimate basis and only for the purposes for which they have been transferred. The Agreement shall provide the possibility for Europol to indicate, at the moment of transferring the data, any restriction on access or use, including as regards its transfer, erasure or destruction. Personal data shall be adequate, relevant and limited to what is necessary in relation to that purpose. It shall be accurate and kept up to date. It shall not be retained for longer than is necessary for the purposes for which they have been transferred.

               (c)The transfer of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, genetic data and data concerning a person's health and sex life by Europol shall be prohibited, unless it is strictly necessary and proportionate in individual cases for preventing or combating criminal offences as referred to in the Agreement and subject to appropriate safeguards. The Agreement should also contain specific safeguards relating to the transfer of personal data on victims of criminal offence, witnesses or other persons who can provide information concerning criminal offences, as well as minors.

               (d)The Agreement shall ensure enforceable rights of individuals whose personal data are processed by laying down rules on the right of access, rectification and erasure, including the specific grounds which may allow any necessary and proportionate restrictions. The Agreement shall also ensure enforceable rights of administrative and judicial redress for any person whose data are processed under the agreement and guaranteeing effective remedies.

               (e)The Agreement shall lay down the rules on storage, review, correction and deletion of personal data as well as on keeping records for the purposes of logging and documentation as well as on information to be made available to individuals. It should also provide for safeguards in respect to automated processing of personal data.

               (f)The Agreement shall specify the criteria on the basis of which the reliability of the source and accuracy of the data shall be indicated.

               (g)The Agreement shall include the obligation to ensure security of personal data through appropriate technical and organisational measures, including by allowing only authorised persons to have access to personal data. The Agreement shall also include the obligation of notification in the event of a personal data breach affecting data transferred under the Agreement.

               (h)Onward transfers of information from competent authorities of Jordan to other authorities in Jordan shall only be allowed for the purposes of the Agreement and shall be made subject to appropriate conditions and safeguards.

               (i)The same conditions as under (h) shall apply to onward transfers of information from competent authorities of Jordan to authorities in a third country, with the additional requirement that such onward transfers shall be allowed only with respect to third countries to which Europol is entitled to transfer personal data on the basis of Article 25(1) of Regulation (EU) 2016/794.

               (j)The Agreement shall ensure a system of oversight by one or more independent public authorities responsible for data protection with effective powers of investigation and intervention to exercise oversight over those public authorities of Jordan that use personal data/exchanged information, and to engage in legal proceedings. In particular, the independent authorities shall have powers to hear complaints from individuals about the use of their personal data. Public authorities that use personal data shall be accountable for complying with the rules on the protection of personal data under the Agreement.

               (4)The Agreement shall provide for an effective dispute settlement mechanism with respect to its interpretation and application to ensure that the parties observe mutually agreed rules.

               (5)The Agreement shall include a provision on the entry into force and validity and a provision whereby a Party may terminate or suspend it.

               (6)The Agreement may include a clause addressing its territorial application, if necessary.

               (7)The Agreement may include provisions on the monitoring and periodic evaluation of the Agreement.

               (8)In the context of the negotiations, the Commission shall promote accession of Jordan to the Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data ("Convention 108").

               (9)The Agreement shall be equally authentic in the Bulgarian, Czech, Croatian, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages and shall include a language clause to that effect.


               EUROPEAN COMMISSION
            Brussels, 20.12.2017
            COM(2017) 799 final
            Recommendation for a
            COUNCIL DECISION
            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
                  1
                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
                  2
               , Council Conclusions
                  3
               , and the Global Strategy
                  4
               , 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
                  5
               .

               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
                  6
               . 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
                  7
               .

               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
                  8
               , 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
                  9
               . This agreement facilitates cooperation in exchange of strategic and technical information of mutual interest
                  10
               , 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
                  11
               .

               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
                  12
               . 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)
                  13
               .

               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
                  14
                and TE-SAT 2017
                  15
               , 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.

               Since the EU-Turkey Statement agreed on 18 March 2016, the numbers of irregular border crossings from Turkey to Greece have remained substantially reduced. However, despite patrolling exercised by the Turkish authorities in the coastal, land and airports areas, and the systematic interception of irregular migrants, organised smuggling networks still continue to operate. The modi operandi are constantly changing and routes are further diversifying.

               The Turkish services have made significant efforts to dismantle criminal groups and taken effective actions against vessels to be used by smugglers using information provided by EU Member States. However, there is a clear need to further enhance investigation and prosecution capacity as well as operational cooperation with EU Member States.

               Despite improvements in setting up a framework for addressing trafficking in human beings, the migration pressure has exacerbated the challenges faced in this area.

               Drug trafficking: Turkey has long been and remains a significant transit country for illicit drug trafficking. Heroin, opium, and cocaine are generally trafficked through Turkey to European markets, and methamphetamine and amphetamine-type stimulants are trafficked to markets in the Middle East and Southeast Asia. Large amounts of opiates and hashish continue to be seized in Turkey.

               Illicit trafficking of firearms: crime rates and the smuggling of weapons from Syria represents a potential danger for the EU. This creates a threat for the security both in the short and the long term. The cooperation with Turkey therefore constitutes a strategic priority, both to slow the flow of illicit firearms to its neighbours and prevent trafficking into the EU.

               Counter-terrorist financing / Money laundering: FATF highlighted in 2014 the potential benefits of cooperation in countering terrorism financing, building on Europol's specific instruments as well as Turkey significant progress in the area.

               Turkey is an important regional financial centre, particularly for Central Asia and the Caucasus, the Middle East, and Eastern Europe. Turkey’s rapid economic growth over the past 15 years, combined with its commercial relationships and geographical proximity to unstable, conflict-ridden areas, such as Iraq, Syria, and Crimea, makes Turkey vulnerable to money laundering risks.

               Counterfeit goods: Turkey is a major source and transhipment point of counterfeit goods, especially to the EU.

               Other significant sources of funding for organised crime include excise and MTIC (Missing Trader Intra Community) fraud and environmental crime.

               2.LEGAL ELEMENTS OF THE RECOMMENDATION

               Regulation (EU) 2016/794 on the European Union Agency for Law Enforcement Cooperation (Europol) sets out a legal framework for Europol, in particular its objectives, tasks, scope of competence, data protection safeguards and ways to cooperate with external partners.

               This Recommendation is consistent with the provisions of the Europol Regulation.

               The objective of this recommendation is to obtain from the Council the authorisation for the Commission to negotiate the future agreement on behalf of the EU. The legal basis for the Council to authorise the opening of negotiations is Article 218(3) and (4) TFEU.

               In line with Article 218 of Treaty on the Functioning of the European Union, the Commission shall be nominated as the Union negotiator for the agreement between the European Union and 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.

               Recommendation for a

               COUNCIL DECISION

               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

               THE COUNCIL OF THE EUROPEAN UNION,

               Having regard to the Treaty on the Functioning of the European Union (TFEU), and in particular Article 218(3) and (4) thereof,

               Having regard to the recommendation from the European Commission,

               Whereas:

               (1)Regulation (EU) 2016/794 of the European Parliament and of the Council
                  16
                was adopted on 11 May 2016 and is applicable as of 1 May 2017.

               (2)This Regulation, in particular its Article 25, sets out the rules for the transfer of personal data from the European Union Agency for Law Enforcement Cooperation (Europol) to third countries and international organisations. Europol may transfer personal data to an authority of a third country on the basis of an international agreement concluded between the Union and that third country pursuant to Article 218 TFEU adducing adequate safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals.

               (3)Negotiations should be opened with a view to concluding such an Agreement between the European Union and Turkey.

               (4)The Agreement should respect the fundamental rights and observe the principles recognised by the Charter of Fundamental Rights of the European Union, in particular the right to private and family life, recognised in Article 7 of the Charter, the right to the protection of personal data, recognised in Article 8 of the Charter and the right to effective remedy and fair trial recognised by Article 47 of the Charter. The Agreement should be applied in accordance with those rights and principles.

               HAS ADOPTED THIS DECISION:

               Article 1

               The Commission is hereby authorised to negotiate, on behalf of the Union, 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.

               Article 2

               The negotiating directives are set out in the Annex.

               Article 3

               The negotiations shall be conducted in consultation with [name of the special committee to be inserted by the Council].

               Article 4

               This Decision is addressed to the Commission.

               Done at Brussels,

                     For the Council

                     The President

                     (1)

                        Regulation (EU) 2016/794 of 11 May 2016, OJ L 135, p. 53. 24.5.2016.

                     (2)

                        COM(2015) 185 final.

                     (3)

                        Council Document 10384/17, 19 June 2017.

                     (4)

                        Shared Vision, Common Action: A Stronger Europe - A Global Strategy for the European Union’s Foreign And Security Policy
                  http://europa.eu/globalstrategy/en
                  .

                     (5)

                        COM(2017) 608 final.

                     (6)

                        Europol Strategy 2016-2020, Adopted by Europol's Management Board on 1 December 2015,
                  https://www.europol.europa.eu/publications-documents/europol-strategy-2016-2020
                  .

                     (7)

                        Europol External Strategy 2017-2020, Adopted by Europol Management Board on 13 December 2016, EDOC#865852v3.

                     (8)

                        According to Europol, relevant organised crime offences in the region include illicit trafficking of firearms, drug trafficking, financial crimes including money laundering, and cybercrime.

                     (9)

                        Agreement on Cooperation between Europol and The Republic of Turkey, 28.07.04,
                  https://www.europol.europa.eu/sites/default/files/documents/agreement_on_cooperation_between_the_european_police_office_and_the_republic_of_turkey.pdf
                  .

                     (10)

                        Turkey contributes regularly to Europol's EU Terrorism Situation and Trend report (TE-SAT).

                     (11)

                        Turkey can send, but not receive data. Indirect transmission via Interpol is a useful channel but not the most effective or rapid solution to address cases requiring immediate reaction.

                     (12)

                        The European Union launched the Visa Liberalisation Dialogue with Turkey on 16 December 2013. The Visa Liberalisation Dialogue is based on a Roadmap setting out the requirements that Turkey needs to meet in order to be put on the visa-free list. The seventh report on progress made in the implementation of the EU-Turkey Statement, presented by the Commission in September 2017, stated that seven out of 72 benchmarks still need to be fulfilled by Turkey.

                     (13)

                        Press release of EU-Turkey Counter-Terrorism Dialogue, 8 June 2016,
                  https://eeas.europa.eu/headquarters/headquarters-homepage_en/5018/Turkey-
                  EU%20Counter%20Terrorism%20Dialogue.

                     (14)

                  https://www.europol.europa.eu/socta/2017/

                     (15)

                  https://www.europol.europa.eu/sites/default/files/documents/tesat2017.pdf

                     (16)

                        Regulation (EU) 2016/794 of 11 May 2016, of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 24.5.2016, p. 53).

    ---documentbreak---

               EUROPEAN COMMISSION
            Brussels,20.12.2017
            COM(2017) 799 final
            ANNEX
            to the
            Recommendation for a COUNCIL DECISION
            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

               ANNEX

               Directives for the negotiation of 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

               In the course of the negotiations the Commission should aim to achieve the objectives set out in detail below.

               (1)The objective of the Agreement shall be to provide the legal basis for the transfer of personal data between Europol and the competent authorities of Turkey respectively, in order to support and strengthen the action by the competent authorities of this country and Member States as well as their mutual cooperation in preventing and combatting serious transnational crime and terrorism, while ensuring appropriate safeguards with respect to the protection of privacy, personal data and fundamental rights and freedoms of individuals.

               (2)To guarantee purpose limitation, cooperation under the Agreement shall only relate to crimes and related criminal offences falling within Europol's competence in accordance with Article 3 of Regulation 2016/794 (together "criminal offences"). In particular, cooperation should be aimed at tackling terrorism and preventing radicalisation, disrupting organised crime notably illicit trafficking of firearms, drug trafficking, migrant smuggling and counterfeit goods, and fighting cybercrime.

               (3)The Agreement shall spell out clearly and precisely the necessary safeguards and controls with respect to the protection of personal data, fundamental rights and freedoms of individuals, irrespective of nationality and place of residence, in the exchange of personal data between Europol and the Turkish competent authorities.

               In particular:

               (a)The purposes of the processing of personal data by the Parties in the context of the Agreement shall be spelt out clearly and precisely, and shall be no wider than what is necessary in individual cases for the purpose of preventing and combating terrorism and criminal offences referred to in the Agreement.

               (b)Personal data transferred by Europol in accordance with the Agreement shall be processed fairly, on a legitimate basis and only for the purposes for which they have been transferred. The Agreement shall provide the possibility for Europol to indicate, at the moment of transferring the data, any restriction on access or use, including as regards its transfer, erasure or destruction. Personal data shall be adequate, relevant and limited to what is necessary in relation to that purpose. It shall be accurate and kept up to date. It shall not be retained for longer than is necessary for the purposes for which they have been transferred.

               (c)The transfer of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, genetic data and data concerning a person's health and sex life by Europol shall be prohibited, unless it is strictly necessary and proportionate in individual cases for preventing or combating criminal offences as referred to in the Agreement and subject to appropriate safeguards. The Agreement should also contain specific safeguards relating to the transfer of personal data on victims of criminal offence, witnesses or other persons who can provide information concerning criminal offences, as well as minors.

               (d)The Agreement shall ensure enforceable rights of individuals whose personal data are processed by laying down rules on the right of access, rectification and erasure, including the specific grounds which may allow any necessary and proportionate restrictions. The Agreement shall also ensure enforceable rights of administrative and judicial redress for any person whose data are processed under the agreement and guaranteeing effective remedies.

               (e)The Agreement shall lay down the rules on storage, review, correction and deletion of personal data as well as on keeping records for the purposes of logging and documentation as well as on information to be made available to individuals. It should also provide for safeguards in respect to automated processing of personal data.

               (f)The Agreement shall specify the criteria on the basis of which the reliability of the source and accuracy of the data shall be indicated.

               (g)The Agreement shall include the obligation to ensure security of personal data through appropriate technical and organisational measures, including by allowing only authorised persons to have access to personal data. The Agreement shall also include the obligation of notification in the event of a personal data breach affecting data transferred under the Agreement.

               (h)Onward transfers of information from competent authorities of Turkey to other authorities in Turkey shall only be allowed for the purposes of the Agreement and shall be made subject to appropriate conditions and safeguards.

               (i)The same conditions as under (h) shall apply to onward transfers of information from competent authorities of Turkey to authorities in a third country, with the additional requirement that such onward transfers shall be allowed only with respect to third countries to which Europol is entitled to transfer personal data on the basis of Article 25(1) of Regulation (EU) 2016/794.

               (j)The Agreement shall ensure a system of oversight by one or more independent public authorities responsible for data protection with effective powers of investigation and intervention to exercise oversight over those public authorities of Turkey that use personal data/exchanged information, and to engage in legal proceedings. In particular, the independent authorities shall have powers to hear complaints from individuals about the use of their personal data. Public authorities that use personal data shall be accountable for complying with the rules on the protection of personal data under the Agreement.

               (4)The Agreement shall provide for an effective dispute settlement mechanism with respect to its interpretation and application to ensure that the parties observe mutually agreed rules.

               (5)The Agreement shall include a provision on the entry into force and validity and a provision whereby a Party may terminate or suspend it.

               (6)The Agreement may include a clause addressing its territorial application, if necessary.

               (7)The Agreement may include provisions on the monitoring and periodic evaluation of the Agreement.

               (8)The Agreement shall be equally authentic in the Bulgarian, Czech, Croatian, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages and shall include a language clause to that effect.


               EUROPEAN COMMISSION
            Brussels, 20.12.2017
            COM(2017) 805 final
            Recommendation for a
            COUNCIL DECISION
            authorising the opening of negotiations for an agreement between the European Union and the Lebanese Republic on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Lebanese 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
                  1
                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
                  2
               , Council Conclusions
                  3
               , and the  Global Strategy
                  4
               , 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
                  5
               .

               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
                  6
               . 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
                  7
               .

               Europol does not have any agreements in place with any of the countries in this region.

               This Recommendation specifically concerns negotiations with Lebanon, 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 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
                  8
               , 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 Lebanon a list of actions to enhance EU-MENA 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
                  9
               . Lebanon has also demonstrated its interest in cooperating on counter terrorism with EU law enforcement, notably with the training provided by CEPOL. This does not, however, cover the transfer of personal data.

               Political context

               The EU and Lebanon are key partners that face common challenges linked to protracted crises and instability in the neighbourhood. The EU-Lebanon partnership is strong and across many sectors as defined by the Association Agreement which is in force since 2006.  Lebanon is facing difficult economic, social and security challenges. Adding to pre-existing weaknesses, the conflict in Syria intensified pressure on Lebanon’s institutions, infrastructure and environment and affected its socio-economic stability. Lebanon hosts more than one million registered Syrian refugees in addition to the approximately 300,000 Palestinian refugees that were already in the country.

               On 11 November 2016, the EU and Lebanon adopted Partnership Priorities for the years 2016-2020 setting an ambitious strategic agenda for deepening ties and achieving the stabilisation of the country and the wider region as outlined by the revised European Neighbourhood Policy and the EU Global Strategy. The priorities identified are: security and countering terrorism, governance and the rule of law, fostering growth and job opportunities, and migration and mobility.

               The EU and Lebanon also agreed on a Compact containing mutual commitments and priority actions in line with the Statement of Intent made at last year's London Conference (Feb 2016) The renewed commitments taken on the occasion of Brussels Conference (5th April 2017) on supporting the future of Syria and the region reinforced these shared responsibilities on addressing the impact of the Syrian crisis.

               Lebanon has already expressed interest in negotiating an agreement with Europol on several occasions, notably in the context of the Counter-Terrorism (CT) Dialogue on 26 January 2016 and the agreed roadmap.

               CT/Security dialogue is ongoing with Lebanon, with an Action Plan covering the development of a national CT strategy, law enforcement and judicial cooperation, countering the financing of terrorism, border management, airport and aviation security as well as countering violent extremism.

               Operational needs

               Based on data in the SOCTA 2017
                  10
                and TE-SAT 2017
                  11
               , the above discussions, as well as, inter alia, Europol's in-house expert knowledge, cooperation with Lebanon is needed in particular to counter the following crime phenomena:

               Terrorism: The destabilisation of Syria (and its potential spill-over), the spread of Da'esh and other designated terrorist groups pose a direct security threat to Lebanon and the EU, which have both been targeted by terrorist groups. European and Lebanese terrorists have notably travelled to Syria, Iraq and other conflict zones to train and fight.

               Closer law enforcement cooperation, including the exchange of personal data, will contribute to detect and prosecute terrorist suspects, prevent terrorism travel (including the risk of infiltration of migratory flows or relocation to other conflict areas) and terrorism financing (including the nexus with organised crime).

               Firearms trafficking: The EU and Lebanon have established cooperation on firearms and agreed a work programme including exchange of best practices, training and capacity-building. As cooperation increases, the need for improved information sharing and subsequent investigations becomes even more pressing. Bordering Syria, Lebanon can play a major role in preventing the entry of firearms into theatres of armed conflict, and making sure illicit shipments are intercepted, in particular on their way back to the EU.

               Migration-related challenges: Lebanon is host to a significantly large population of irregular migrants and through an EU funded Integrated Border Management programme is being assisted in securing and controlling its borders. Cooperation with Lebanese authorities would also be relevant to address document fraud, a crime area linked to migrant smuggling.

               Drug trafficking: The Middle East and North Africa (MENA) is a major source, transit point, and consumer of illicit drugs. With a steady base of clientele to the north, and the heroin route traversing it from east to west, the region both influences and is negatively influenced by illicit substance abuse and production. The second main producer of cannabis and resin of cannabis in the MENA region is Lebanon, while the extent of Captagon production in the country remain unclear. In 2016, the EU-funded Cocaine Route Programme (component AIRCOP) launched a Joint Airport Interdiction Task Force Legal Authority (JAITFs) in Lebanon.

               Organised crime can make considerable profits from the Lebanese black market for cigarettes, cars, counterfeit goods, pirated software, CDs, and DVDs.

               2.LEGAL ELEMENTS OF THE RECOMMENDATION

               Regulation (EU) 2016/794 on the European Union Agency for Law Enforcement Cooperation (Europol) sets out a legal framework for Europol, in particular its objectives, tasks, scope of competence, data protection safeguards and ways to cooperate with external partners.

               This Recommendation is consistent with the provisions of the Europol Regulation.

               The objective of this recommendation is to obtain from the Council the authorisation for the Commission to negotiate the future agreement on behalf of the EU. The legal basis for the Council to authorise the opening of negotiations is Article 218(3) and (4) TFEU.

               In line with Article 218 of Treaty on the Functioning of the European Union, the Commission shall be nominated as the Union negotiator for the agreement between the European Union and Lebanon on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Lebanese competent authorities for fighting serious crime and terrorism.

               Recommendation for a

               COUNCIL DECISION

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

               THE COUNCIL OF THE EUROPEAN UNION,

               Having regard to the Treaty on the Functioning of the European Union (TFEU), and in particular Article 218(3) and (4) thereof,

               Having regard to the recommendation from the European Commission,

               Whereas:

               (1)Regulation (EU) 2016/794 of the European Parliament and of the Council
                  12
                was adopted on 11 May 2016 and is applicable as of 1 May 2017.

               (2)This Regulation, in particular its Article 25, sets out the rules for the transfer of personal data from the European Union Agency for Law Enforcement Cooperation (Europol) to third countries and international organisations. Europol may transfer personal data to an authority of a third country on the basis of an international agreement concluded between the Union and that third country pursuant to Article 218 TFEU adducing adequate safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals.

               (3)Negotiations should be opened with a view to concluding such an Agreement between the European Union and the Lebanese Republic.

               (4)The Agreement should respect the fundamental rights and observe the principles recognised by the Charter of Fundamental Rights of the European Union, in particular the right to private and family life, recognised in Article 7 of the Charter, the right to the protection of personal data, recognised in Article 8 of the Charter and the right to effective remedy and fair trial recognised by Article 47 of the Charter. The Agreement should be applied in accordance with those rights and principles,

               HAS ADOPTED THIS DECISION:

               Article 1

               The Commission is hereby authorised to negotiate, on behalf of the Union, an agreement between the European Union and the Lebanese Republic on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Lebanese competent authorities for fighting serious crime and terrorism.

               Article 2

               The negotiating directives are set out in the Annex.

               Article 3

               The negotiations shall be conducted in consultation with [name of the special committee to be inserted by the Council].

               Article 4

               This Decision is addressed to the Commission.

               Done at Brussels,

                     For the Council

                     The President

                     (1)

                        Regulation (EU) 2016/794 of 11 May 2016, OJ L 135, 24.5.2016, p. 53.

                     (2)

                        COM(2015) 185 final.

                     (3)

                        Council Document 10384/17, 19 June 2017.

                     (4)

                        Shared Vision, Common Action: A Stronger Europe - A Global Strategy for the European Union’s Foreign And Security Policy
                  http://europa.eu/globalstrategy/en

                     (5)

                        COM(2017) 608 final.

                     (6)

                        Europol Strategy 2016-2020, Adopted by Europol's Management Board on 1 December 2015,
                  https://www.europol.europa.eu/publications-documents/europol-strategy-2016-2020

                     (7)

                        Europol External Strategy 2017-2020, Adopted by Europol Management Board on 13 December 2016, EDOC#865852v3.

                     (8)

                        According to Europol, relevant organised crime offences in the region include illicit trafficking of firearms, drug trafficking, financial crimes including money laundering, and cybercrime.

                     (9)

                        Several initiatives in this context have been included in the firearms priority as part of the EU Policy Cycle on serious and organised crime, as well as in the Communication from the Commission to the EP and the Council Implementing the European Agenda on Security: EU action plan against illicit trafficking in and use of firearms and explosives, of 2.12.2015 COM(2015) 624 final.

                     (10)

                  https://www.europol.europa.eu/socta/2017

                     (11)

                  https://www.europol.europa.eu/sites/default/files/documents/tesat2017.pdf

                     (12)

                        Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 24.5.2016, p. 53).

    ---documentbreak---

               EUROPEAN COMMISSION
            Brussels,20.12.2017
            COM(2017) 805 final
            ANNEX
            to the
            Recommendation for a COUNCIL DECISION
            authorising the opening of negotiations for an agreement between the European Union and the Lebanese Republic on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Lebanese competent authorities for fighting serious crime and terrorism

               ANNEX

               Directives for the negotiation of an agreement between the European Union and the Lebanese Republic on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Lebanese competent authorities for fighting serious crime and terrorism

               In the course of the negotiations the Commission should aim to achieve the objectives set out in detail below.

               (1)The objective of the Agreement shall be to provide the legal basis for the transfer of personal data between Europol and the competent authorities of Lebanon respectively, in order to support and strengthen the action by the competent authorities of this country and Member States as well as their mutual cooperation in preventing and combatting serious transnational crime and terrorism, while ensuring appropriate safeguards with respect to the protection of privacy, personal data and fundamental rights and freedoms of individuals.

               (2)To guarantee purpose limitation, cooperation under the Agreement shall only relate to crimes and related criminal offences falling within Europol's competence in accordance with Article 3 of Regulation 2016/794 (together "criminal offences"). In particular, cooperation should be aimed at tackling terrorism and preventing radicalisation, disrupting organised crime notably illicit trafficking in firearms, migrant smuggling and drug trafficking, and fighting cybercrime.

               (3)The Agreement shall spell out clearly and precisely the necessary safeguards and controls with respect to the protection of personal data, fundamental rights and freedoms of individuals, irrespective of nationality and place of residence, in the exchange of personal data between Europol and the Lebanese competent authorities.

               In particular:

               (a)The purposes of the processing of personal data by the Parties in the context of the Agreement shall be spelt out clearly and precisely, and shall be no wider than what is necessary in individual cases for the purpose of preventing and combating terrorism and criminal offences referred to in the Agreement.

               (b)Personal data transferred by Europol in accordance with the Agreement shall be processed fairly, on a legitimate basis and only for the purposes for which they have been transferred. The Agreement shall provide the possibility for Europol to indicate, at the moment of transferring the data, any restriction on access or use, including as regards its transfer, erasure or destruction. Personal data shall be adequate, relevant and limited to what is necessary in relation to that purpose. It shall be accurate and kept up to date. It shall not be retained for longer than is necessary for the purposes for which they have been transferred.

               (c)The transfer of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, genetic data and data concerning a person's health and sex life by Europol shall be prohibited, unless it is strictly necessary and proportionate in individual cases for preventing or combating criminal offences as referred to in the Agreement and subject to appropriate safeguards. The Agreement should also contain specific safeguards relating to the transfer of personal data on victims of criminal offence, witnesses or other persons who can provide information concerning criminal offences, as well as minors.

               (d)The Agreement shall ensure enforceable rights of individuals whose personal data are processed by laying down rules on the right of access, rectification and erasure, including the specific grounds which may allow any necessary and proportionate restrictions. The Agreement shall also ensure enforceable rights of administrative and judicial redress for any person whose data are processed under the agreement and guaranteeing effective remedies.

               (e)The Agreement shall lay down the rules on storage, review, correction and deletion of personal data as well as on keeping records for the purposes of logging and documentation as well as on information to be made available to individuals. It should also provide for safeguards in respect to automated processing of personal data.

               (f)The Agreement shall specify the criteria on the basis of which the reliability of the source and accuracy of the data shall be indicated.

               (g)The Agreement shall include the obligation to ensure security of personal data through appropriate technical and organisational measures, including by allowing only authorised persons to have access to personal data. The Agreement shall also include the obligation of notification in the event of a personal data breach affecting data transferred under the Agreement.

               (h)Onward transfers of information from competent authorities of Lebanon to other authorities in Lebanon shall only be allowed for the purposes of the Agreement and shall be made subject to appropriate conditions and safeguards.

               (i)The same conditions as under (h) shall apply to onward transfers of information from competent authorities of Lebanon to authorities in a third country, with the additional requirement that such onward transfers shall be allowed only with respect to third countries to which Europol is entitled to transfer personal data on the basis of Article 25(1) of Regulation (EU) 2016/794.

               (j)The Agreement shall ensure a system of oversight by one or more independent public authorities responsible for data protection with effective powers of investigation and intervention to exercise oversight over those public authorities of Lebanon that use personal data/exchanged information, and to engage in legal proceedings. In particular, the independent authorities shall have powers to hear complaints from individuals about the use of their personal data. Public authorities that use personal data shall be accountable for complying with the rules on the protection of personal data under the Agreement.

               (4)The Agreement shall provide for an effective dispute settlement mechanism with respect to its interpretation and application to ensure that the parties observe mutually agreed rules.

               (5)The Agreement shall include a provision on the entry into force and validity and a provision whereby a Party may terminate or suspend it.

               (6)The Agreement may include a clause addressing its territorial application, if necessary.

               (7)The Agreement may include provisions on the monitoring and periodic evaluation of the Agreement.

               (8)In the context of these negotiations, the Commission shall promote accession of Lebanon to the Council of Europe Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data ("Convention 108").

               (9)The Agreement shall be equally authentic in the Bulgarian, Czech, Croatian, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages and shall include a language clause to that effect.


               EUROPEAN COMMISSION
            Brussels, 20.12.2017
            COM(2017) 808 final
            Recommendation for a
            COUNCIL DECISION
            authorising the opening of negotiations for an agreement between the European Union and the Kingdom of Morocco on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Moroccan 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
                  1
                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
                  2
               , Council Conclusions
                  3
               , and the Global Strategy
                  4
               , 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
                  5
               .

               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
                  6
               . 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
                  7
               .

               Europol does not have any agreements in place with any of the countries in this region.

               This Recommendation specifically concerns negotiations with Morocco, 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 situation in Syria, 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
                  8
               , 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 Morocco a list of actions to enhance EU-MENA 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
                  9
               . This does not, however, cover the transfer of personal data.

               Political context

               The historic partnership between EU and the Kingdom of Morocco is underpinned by a number of political and economic agreements. Since 2000 the entry into force of the Euro-Mediterranean Association Agreement has marked the relations between the EU and Morocco.
                  10
                Morocco has benefited from an advanced status with the European neighborhood policy since 2008. Among others, one objective relates to strengthening dialogue and cooperation in the areas of politics and security;

               Political relations with Morocco, including talks on security and counter-terrorism, have been put on hold in the context surrounding the judgment of the General Court in December 2015
                  11
               . However, following the appeal to the Court of Justice
                  12
               , some political discussions took place, primarily focused on how to address the legal implications of the judgment on EU-Morocco bilateral relations. Morocco has informally indicated the importance it attaches to security cooperation with the EU. Morocco was the first MENA countries to be offered a CT dialogue, and preparations were well advanced already in mid-2015 before its eventual postponement.

               Morocco has developed close bilateral CT cooperation with EU Member States, including Spain and France, and regularly dismantles terrorist networks. Morocco is the co-chair of the Global Counter Terrorism Forum (GCTF) and a member of the Global Coalition against Daesh. It hosts one of the EU-funded regional CBRN Centres of Excellence.

               Operational needs

               Based on data in the SOCTA 2017
                  13
                and TE-SAT 2017
                  14
               , the above discussions, as well as, inter alia, Europol's in-house expert knowledge, cooperation with Morocco is needed in particular to counter the following crime phenomena:

               Terrorism poses a serious threat to both Morocco and the EU, which have been the target of terrorist attacks. In addition to improving the threat picture and the identification of new trends, closer cooperation including the exchange of personal data is needed to address the phenomenon of foreign terrorist fighters (including on suspects holding dual citizenship or legal residence in the EU and Morocco) and effectively detect, prevent and prosecute terrorism travel, terrorist misuse of the Internet, terrorism financing as well as the nexus with organised crime.

               Firearms trafficking: The ongoing instability in the MENA region, and in particular the conflicts in Libya, considerably increased firearms trafficking in the region. This creates a threat for the security both in the short and the long term. Morocco is a key partner to slow the flow of illicit firearms to its neighbours and prevent trafficking into the EU through container ships, ferries and smaller boats crossing the Mediterranean.

               Migration-related challenges: Morocco remains an important partner for the EU to develop cooperation in preventing irregular migration, and flows into the EU have been increasing recently. Morocco is both a source country for irregular migration but also a significant route taken by nationals sub-Saharan African countries too. The 2017 European Border and Coast Guard's risk analysis report highlighted document fraud and migrant smuggling as important risks.

               Drug trafficking: The Middle East and North Africa (MENA) is a major source, transit point, and consumer of illicit drugs. With a steady base of clientele to the north, the Sahelian smuggling route to its south and the heroin route traversing it from east to west, the region both influences and is negatively influenced by illicit substance abuse and production. Morocco is a major producer of cannabis and a key source country for cannabis products entering the EU market. Production of synthetic drugs based on medicines is also an issue.

               In 2016, the EU-funded Cocaine Route Programme (component AIRCOP) launched a Joint Airport Interdiction Task Force Legal Authority (JAITFs) in Morocco.

               Cybercrime: Morocco is making progress in addressing cybercrime threats, thanks to the fact it is a priority country for EU-Council of Europe capacity-building programmes on cybercrime, including in the area of child sexual exploitation and travelling child sex offenders. The development of Morocco's capacity for cooperation is likely to lead to an increased need for information sharing to address transnational threats in the areas of cybercrime and child sexual exploitation.

               2.LEGAL ELEMENTS OF THE RECOMMENDATION

               Regulation (EU) 2016/794 on the European Union Agency for Law Enforcement Cooperation (Europol) sets out a legal framework for Europol, in particular its objectives, tasks, scope of competence, data protection safeguards and ways to cooperate with external partners.

               This Recommendation is consistent with the provisions of the Europol Regulation.

               The objective of this recommendation is to obtain from the Council the authorisation for the Commission to negotiate the future agreement on behalf of the EU. The legal basis for the Council to authorise the opening of negotiations is Article 218(3) and (4) TFEU.

               In line with Article 218 of Treaty on the Functioning of the European Union, the Commission shall be nominated as the Union negotiator for the conclusion of an agreement between the European Union and Morocco on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Moroccan competent authorities for fighting serious crime and terrorism.

               Recommendation for a

               COUNCIL DECISION

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

               THE COUNCIL OF THE EUROPEAN UNION,

               Having regard to the Treaty on the Functioning of the European Union (TFEU), and in particular Article 218(3) and (4) thereof,

               Having regard to the recommendation from the European Commission,

               Whereas:

               (1)Regulation (EU) 2016/794 of the European Parliament and of the Council
                  15
                was adopted on 11 May 2016 and is applicable as of 1 May 2017.

               (2)This Regulation, in particular its Article 25, sets out the rules for the transfer of personal data from the European Union Agency for Law Enforcement Cooperation (Europol) to third countries and international organisations. Europol may transfer personal data to an authority of a third country on the basis of an international agreement concluded between the Union and that third country pursuant to Article 218 TFEU adducing adequate safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals.

               (3)Negotiations should be opened with a view to concluding such an Agreement between the European Union and the Kingdom of Morocco.

               (4)The Agreement should respect the fundamental rights and observe the principles recognised by the Charter of Fundamental Rights of the European Union, in particular the right to private and family life, recognised in Article 7 of the Charter, the right to the protection of personal data, recognised in Article 8 of the Charter and the right to effective remedy and fair trial recognised by Article 47 of the Charter. The Agreement should be applied in accordance with those rights and principles,

               HAS ADOPTED THIS DECISION:

               Article 1

               The Commission is hereby authorised to negotiate, on behalf of the Union, an agreement between the European Union and the Kingdom of Morocco on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Moroccan competent authorities for fighting serious crime and terrorism.

               Article 2

               The negotiating directives are set out in the Annex.

               Article 3

               The negotiations shall be conducted in consultation with [name of the special committee to be inserted by the Council].

               Article 4

               This Decision is addressed to the Commission.

               Done at Brussels,

                     For the Council

                     The President

                     (1)

                        Regulation (EU) 2016/794 of 11 May 2016, OJ L 135, 24.5.2016, p. 53.

                     (2)

                        COM(2015) 185 final.

                     (3)

                        Council Document 10384/17, 19 June 2017.

                     (4)

                        Shared Vision, Common Action: A Stronger Europe - A Global Strategy for the European Union’s Foreign And Security Policy
                  http://europa.eu/globalstrategy/en

                     (5)

                        COM(2017) 608 final.

                     (6)

                        Europol Strategy 2016-2020, Adopted by Europol's Management Board on 1 December 2015,
                  https://www.europol.europa.eu/publications-documents/europol-strategy-2016-2020

                     (7)

                        Europol External Strategy 2017-2020, Adopted by Europol Management Board on 13 December 2016, EDOC#865852v3.

                     (8)

                        According to Europol, relevant organised crime offences in the region include illicit trafficking of firearms, drug trafficking, financial crimes including money laundering, and cybercrime.

                     (9)

                        Several initiatives in this context have been included in the firearms priority as part of the EU Policy Cycle on serious and organised crime, as well as in the Communication from the Commission to the EP and the Council Implementing the European Agenda on Security: EU action plan against illicit trafficking in and use of firearms and explosives, of 2.12.2015 COM(2015) 624 final.

                     (10)

                        Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part, OJ L 070, 18.3.2000.

                     (11)

                        Case T-512/12 Front Polisario v. Council.

                     (12)

                        Case C-104/16 Council v Front Polisario.

                     (13)

                  https://www.europol.europa.eu/socta/2017

                     (14)

                  https://www.europol.europa.eu/sites/default/files/documents/tesat2017.pdf

                     (15)

                        Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 24.5.2016, p. 53).

    ---documentbreak---

               EUROPEAN COMMISSION
            Brussels,20.12.2017
            COM(2017) 808 final
            ANNEX
            to the
            Recommendation for a COUNCIL DECISION
            authorising the opening of negotiations for an agreement between the European Union and the Kingdom of Morocco on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Moroccan competent authorities for fighting serious crime and terrorism

               ANNEX

               Directives for the negotiation of an agreement between the European Union and the Kingdom of Morocco on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Moroccan competent authorities for fighting serious crime and terrorism

               In the course of the negotiations the Commission should aim to achieve the objectives set out in detail below.

               (1)The objective of the Agreement shall be to provide the legal basis for the transfer of personal data between Europol and the competent authorities of The Kingdom of Morocco respectively, in order to support and strengthen the action by the competent authorities of this country and Member States as well as their mutual cooperation in preventing and combatting serious transnational crime and terrorism, while ensuring appropriate safeguards with respect to the protection of privacy, personal data and fundamental rights and freedoms of individuals.

               (2)To guarantee purpose limitation, cooperation under the Agreement shall only relate to crimes and related criminal offences falling within Europol's competence in accordance with Article 3 of Regulation 2016/794 (together "criminal offences"). In particular, cooperation should be aimed at tackling terrorism and preventing radicalisation, disrupting organised crime notably migrant smuggling, illicit trafficking of firearms and drug trafficking, and fighting cybercrime.

               (3)The Agreement shall spell out clearly and precisely the necessary safeguards and controls with respect to the protection of personal data, fundamental rights and freedoms of individuals, irrespective of nationality and place of residence, in the exchange of personal data between Europol and the Moroccan competent authorities.

               In particular:

               (a)The purposes of the processing of personal data by the Parties in the context of the Agreement shall be spelt out clearly and precisely, and shall be no wider than what is necessary in individual cases for the purpose of preventing and combating terrorism and criminal offences referred to in the Agreement.

               (b)Personal data transferred by Europol in accordance with the Agreement shall be processed fairly, on a legitimate basis and only for the purposes for which they have been transferred. The Agreement shall provide the possibility for Europol to indicate, at the moment of transferring the data, any restriction on access or use, including as regards its transfer, erasure or destruction. Personal data shall be adequate, relevant and limited to what is necessary in relation to that purpose. It shall be accurate and kept up to date. It shall not be retained for longer than is necessary for the purposes for which they have been transferred.

               (c)The transfer of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, genetic data and data concerning a person's health and sex life by Europol shall be prohibited, unless it is strictly necessary and proportionate in individual cases for preventing or combating criminal offences as referred to in the Agreement and subject to appropriate safeguards. The Agreement should also contain specific safeguards relating to the transfer of personal data on victims of criminal offence, witnesses or other persons who can provide information concerning criminal offences, as well as minors.

               (d)The Agreement shall ensure enforceable rights of individuals whose personal data are processed by laying down rules on the right of access, rectification and erasure, including the specific grounds which may allow any necessary and proportionate restrictions. The Agreement shall also ensure enforceable rights of administrative and judicial redress for any person whose data are processed under the agreement and guaranteeing effective remedies.

               (e)The Agreement shall lay down the rules on storage, review, correction and deletion of personal data as well as on keeping records for the purposes of logging and documentation as well as on information to be made available to individuals. It should also provide for safeguards in respect to automated processing of personal data.

               (f)The Agreement shall specify the criteria on the basis of which the reliability of the source and accuracy of the data shall be indicated.

               (g)The Agreement shall include the obligation to ensure security of personal data through appropriate technical and organisational measures, including by allowing only authorised persons to have access to personal data. The Agreement shall also include the obligation of notification in the event of a personal data breach affecting data transferred under the Agreement.

               (h)Onward transfers of information from competent authorities of Morocco to other authorities in Morocco shall only be allowed for the purposes of the Agreement and shall be made subject to appropriate conditions and safeguards.

               (i)The same conditions as under (h) shall apply to onward transfers of information from competent authorities of Morocco to authorities in a third country, with the additional requirement that such onward transfers shall be allowed only with respect to third countries to which Europol is entitled to transfer personal data on the basis of Article 25(1) of Regulation (EU) 2016/794.

               (j)The Agreement shall ensure a system of oversight by one or more independent public authorities responsible for data protection with effective powers of investigation and intervention to exercise oversight over those public authorities of Morocco that use personal data/exchanged information, and to engage in legal proceedings. In particular, the independent authorities shall have powers to hear complaints from individuals about the use of their personal data. Public authorities that use personal data shall be accountable for complying with the rules on the protection of personal data under the Agreement.

               (4)The Agreement shall provide for an effective dispute settlement mechanism with respect to its interpretation and application to ensure that the parties observe mutually agreed rules.

               (5)The Agreement shall include a provision on the entry into force and validity and a provision whereby a Party may terminate or suspend it.

               (6)The Agreement may include a clause addressing its territorial application, if necessary.

               (7)The Agreement may include provisions on the monitoring and periodic evaluation of the Agreement.

               (8)The Agreement shall be equally authentic in the Bulgarian, Czech, Croatian, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages and shall include a language clause to that effect.