               EUROPEAN COMMISSION
            Brussels, 30.11.2018
            COM(2018) 776 final
            Recommendation for a
            COUNCIL DECISION
            authorising the opening of negotiations on an agreement between the European Union and each individual European Neighbourhood Policy South country for the purpose of agreeing the terms and conditions for extending the provision of the European Geostationary Navigation Overlay Service (EGNOS) over European Neighbourhood Policy

               EXPLANATORY MEMORANDUM

               1.CONTEXT OF THE PROPOSAL

               •Reasons for and objectives of the proposal

               EGNOS, the European Geostationary Navigation Overlay System, makes existing open satellite navigation signals suitable for safety critical applications in transports, such as flying and landing aircrafts where little or no ground based radio assistance equipment is available.

               EGNOS with Galileo are the two satellite navigation programmes of the European Union, regulated by the GNSS Regulation
                  1
               .

               Cooperation on satellite navigation between European Neighbourhood Policy South countries
                  2
                and EU is framed in the EuroMed transport cooperation. Within the European Neighbourhood Policy
                  3
               , the EuroMed transport cooperation builds on the framework launched in Barcelona (1995) and evolved, since 2008, into the Union for the Mediterranean (UfM) according to the Joint Declaration
                  4
                adopted at the heads of state or government meeting.

                  Article 2(5), third paragraph of the Regulation (EU) 1285/2013 ("GNSS" Regulation)
                     5
                   stipulates that the geographical coverage of the European Geostationary Navigation Overlay Service (EGNOS) system may be extended to countries of the European Neighbourhood Policy (ENP), subject to the technical feasibility and on the basis of international agreements. Such extensions shall not delay the extension of the geographical coverage of EGNOS throughout the Member States' territories located in Europe.

               The EGNOS extension to ENP South countries corresponds to those criteria and will follow the initial actions taken with the installation of some EGNOS ground stations outside of Europe. It has the double aim to strengthen EGNOS coverage to the periphery of EU and to provide coverage to ENP South countries to enable user adoption.

               The EGNOS extension to ENP South countries will not delay the extension of the geographical coverage of EGNOS throughout the EU. On the contrary, it will contribute to a better coverage of the regions South/Southeast/Southwest of the EU, and in particular to improve coverage in the Portuguese/Spanish islands in the Atlantic Ocean, as well as to Cyprus, Greece, Malta, Italy.

               An analysis carried out by the European Space Agency in 2015
                  6
                reinforced by industry's offer of 2017 for the development of EGNOS Version 3, confirmed the technical feasibility of such extension and concluded that three EGNOS ground stations would suffice to cover the entire airspace of the ENP South countries.

               Since 2009, the concerned Commission departments have been working in coordination with the European External Action Service (EEAS) towards the extension of the EGNOS coverage to the southern Mediterranean area (i.e. the ENP South countries) and the introduction there of EGNOS Safety-of-Life (SoL) Service in aviation and other transport domains. Extending the EGNOS coverage is a win-win initiative. For the EU it will strengthen ties with neighbouring partners and create market access opportunities for its industry while  the ENP South countries which will get access to EGNOS with very marginal cost compared to the EU public investment made so far.

               Significant progress has been made over the years and significant interest has been demonstrated from the transport authorities of the ENP South countries. They consider the EGNOS Safety-of-Life  Service as an effective means to comply with International Civil Aviation Organization (ICAO) requirements and they believe it provides an enabling technology for new services and applications in other transport and non-transport domains.

                     7
                  Six of the ENP South countries have thus formally expressed in 2014-16 at the highest political level, their interest in entering such EGNOS international agreement with EU.

               It is opportune that the EU responds positively to ENP South countries' expectation to receive EGNOS Safety-of-Life (SoL) Service. The strategic aspect of such an EGNOS extension is becoming ever more evident in the light of the activities of other providers of Global Navigation Satellite Systems in the region.

                  A specific bilateral international agreement on EGNOS with each individual ENP South country will lay down the appropriate schemes of governance, define the roles and responsibility of each Party and decide upon financial responsibilities for the development and operations of the infrastructure needed for the provision of EGNOS-based services in each ENP South country.

               The security-related aspects of an EGNOS extension to ENP South countries, including EEAS assessment of the geopolitical situation in the region, have been taken into account in this Recommendation. The security aspects will continue to be monitored and followed up during the negotiation and deployment phases. This includes the choice of the sites for the deployment of EGNOS ground infrastructure as well as their protection during the operational phase of EGNOS in ENP South countries.

               •Consistency with existing policy provisions in the policy area

               EGNOS extension to ENP South countries is included in the Regional Transport Action Plan 2014-20 and was included in the Union for the Mediterranean resolution in 2013 and 2014.

               An extended coverage of EGNOS Safety-of-Life Service across the Northern African and Middle Eastern territories will offer high level of safety in landing procedures, even at smaller, regional and touristic destinations, therefore it will harmonise the safety level between EU and ENP South countries and as consequence increase the adoption of EGNOS by airlines flying across the two regions.

               Last but not least, the EGNOS extension to ENP South countries is coherent with other similar EGNOS extensions or EGNOS-based systems, namely the similar extension to Ukraine
                  8
                and establishment of independent Satellite Based Augmentation Service systems based on EGNOS technology in Africa, starting with 17 ASECNA countries
                  9
               . EGNOS will therefore ensure a homogeneous coverage across European and African continents, enabling safer flights and landings.

               •Consistency with other Union policies

               European satellite navigation systems are important elements in the European Union's policy to ensure the full integration of land, sea and air transport infrastructure for safe, seamless, economic and environmentally friendly navigation. The systems have been promoted internationally inter alia through cooperation agreements signed on satellite navigation with countries including Morocco, Ukraine, the USA, Norway, Switzerland and South Korea.

               In air traffic management (ATM), all ENP South countries aim at complying with ICAO requirements in terms of Performance based Navigation (PBN). EGNOS is an important enabler for the modernisation of ATM in Europe and the implementation of Single European Sky. The extension to ENP South will contribute to defragmentation of aviation navigation services across the Mediterranean. The ENP South coverage of EGNOS will also contribute to the creating of an integrated Euro-Mediterranean transport area covering nearly one billion people in EU and its neighbouring countries.

               2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

               •Legal basis

                  Articles 218(3), 218(4) of the Treaty on the Functioning of the European Union.

               •Subsidiarity (for non-exclusive competence)

                  The objectives of the proposal cannot be achieved by the Member States because the EGNOS satellite navigation programme is a European initiative managed by the European Commission. In this respect, the scope of an agreement to be negotiated cannot be limited to any single Member State or a group of Member States but affects the EU as a whole.

                  Any alternative solution (such a network of bilateral relations between EU Member States and each ENP South country) would bear a high risk of inefficiencies, delays and contradictions which could quickly translate into higher costs to be borne by the Union budget. Failing to implement the cooperation between the EU and individual ENP South countries on the provision of EGNOS services would represent a missed opportunity for the EU industry, and would from a strategic point of view weaken the EU’s stance in the ENP South region.

                  Article 29 of the Regulation 1285/2013 provides that the Union may enter into agreements with third countries and international organisations in the context of the programmes in accordance with the procedure laid down in Article 218 of the TFEU.

               •Proportionality

                  The establishment of the agreement is proportional to the envisaged aims.

               •Choice of the instrument

                  Article 29 of the Regulation 1285/2013 explicitly provides for the conclusion by the Union of international agreements in the context of EGNOS. Furthermore, Article 2(5) third subparagraph of the Regulation expressly provides for the possibility of the extension of the geographical coverage of the EGNOS system to other regions of the world, specifying among others that such extensions could concern countries of the European Neighbourhood Policy (ENP). It also specifies that this is done through an international agreement provided the extension is technically feasible.

               3.RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

               •Stakeholder consultations

               The use of SBAS like EGNOS in ENP South countries has been evaluated from a socio-economic perspective as well from a technical point of view. The results of the analysis have been shared and discussed with ENP South stakeholders and authorities on several occasions across years of cooperation on the topic.

               From 2007 until 2015 the EuroMed GNSS I and II projects funded by Commission installed some EGNOS ground infrastructure to provide a minimum of coverage and execute technical, know-how transfer, capacity-building tests and trials with local civil aviation authorities, airspace users and air navigation service providers to experiment landing procedures and evaluate benefits. In this context a regulatory analysis was also performed, which identified the aviation-specific, ICAO regulatory framework on which service provision will be based, as well as detailed per-country satellite navigation strategy and implementation plans.

               A cost benefit analysis (CBA) per country was also performed which confirmed positive net benefits of extending EGNOS to the ENP South countries, underlying the positive effects of EGNOS for each ENP South country in aviation and multimodal domains. The CBA estimated that net benefits would reach more than €1 billion for the ENP South region. These analyses were performed with full involvement of ENP South counterparts and results have been shared and discussed with ENP South countries representatives and stakeholders in several workshops. Conclusions of all EuroMed GNSS working groups in 2013, 2012 and 2011 requested the Commission to complete the EGNOS coverage of ENP South airspace.

                  The EU upstream space industry will benefit from the market related to the deployment of ground infrastructure and the EU downstream industry (for EGNOS applications) will benefit from the availability of a larger market. Technical cooperation and ties among EU transport authorities/stakeholders and their ENP South counterparts will also be strengthened with mutual benefit and long term strategic impact.

                  It has also been confirmed that the EGNOS extension to ENP South countries shall not delay the completion of the geographical coverage of the EGNOS system throughout the EU Member States' territories located in Europe.

               •Collection and use of expertise

                  Scientific/expertise domains concerned

                  Satellite navigation experts, experts in domains concerned by the utilisation of precise satellite positioning (aviation, maritime, rail, road, agriculture, land management, etc.)

                  Methodology used

                  Extensive consultation and interaction with relevant authorities, counterparts and users across two projects funded under EuroMed programme (EuroMed GNSS I, 2007-11 and EuroMed GNSS II, 2012-15). Analysis and research performed by industrial consortia, EU/Member State and ENP South countries agencies.

                  Main organisations/experts consulted

                  Ministries of transport, civil aviation authorities, airports, airlines of all the ENP South countries. The European Space Agency, the European Satellite Services Provider, the European GNSS Agency (GSA), the European External Action Service (EEAS), space industry/satellite navigation and aviation experts and industry from both EU and ENP South countries (e.g. the Algerian Space Agency).

               Fundamental rights

                  There are no consequences for protection of fundamental rights.

               4.BUDGETARY IMPLICATIONS

                  The capital expenditures related to the implementation of infrastructure for the provision of SBAS in each ENP South countries based on EGNOS will be covered from Union funds, in particular those financing the EU Neighbourhood Policy. The incremental operational expenditures related to the exploitation of the SBAS in each ENP South country based on EGNOS, will be funded by each ENP South country.

                  There are no budgetary implications resulting from this agreement for the Union budget allocated to the European GNSS programmes. In line with Art 2 (5) last paragraph of Regulation (EU) 1285/2013, the cost of such extension will not be covered by the resources allocated to Galileo and EGNOS programmes.

               Recommendation for a

               COUNCIL DECISION

               authorising the opening of negotiations on an agreement between the European Union and each individual European Neighbourhood Policy South country for the purpose of agreeing the terms and conditions for extending the provision of the European Geostationary Navigation Overlay Service (EGNOS) over European Neighbourhood Policy

               THE COUNCIL OF THE EUROPEAN UNION,

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

               Having regard to the recommendation from the European Commission,

               Whereas

               (1)the conditions of Art. 2(5) of Regulation (EU) No 1285/2013 are met, in terms of technical feasibility and assurance that no delay is being incurred in the geographical coverage of the EGNOS system throughout the Member States territories,

               (2)Regulation (EU) No 1285/2013 provides that the Union is the owner of all tangible and intangible assets created or developed under the EGNOS programme, that the Union may enter into agreements with third countries and international organisations under this programme and that the cost of any extension of the coverage of the EGNOS system outside Europe would not be covered by budgetary resources allocated under this Regulation,

               negotiations should be opened with a view to concluding an agreement with each individual European Neighbourhood Policy (ENP) South Country laying down the terms and conditions for the provision of Satellite Based Augmentation Services (SBAS) in ENP South Countries based on the European Geostationary Navigation Overlay Service (EGNOS).

               HAS ADOPTED THIS DECISION:

               Article 1

               The Commission is hereby authorised to negotiate, on behalf of the Union, an international agreement with each ENP South Country on the terms and conditions for the provision of Satellite Based Augmentation Services (SBAS) in ENP South countries based on the EGNOS system.

               Article 2

               The negotiating directives are set out in the Annex.

               Article 3

               The negotiations shall be conducted in consultation with the [to be added by the Council: name of the Committee composed of representatives of the Member States].

               Article 4

               This Decision is addressed to the Commission.

               Done at Brussels,

                     For the Council

                     The President

                     (1)

                        EGNOS system refers to the space and ground infrastructure, hardware and software that enable the provision of EGNOS Safety of Life (SoL) signal. EGNOS SoL signal becomes an EGNOS service when local Civil Aviation Authority authorise it according to international aviation requirements. EGNOS programme refers to the management of both EGNOS system and service, entrusted to the European Commission.

                     (2)

                        Currently: Morocco, Algeria, Tunisia, Libya, Egypt, Syria, Jordan, Palestine*, Israel, Lebanon. As defined in annex 1 of the Regulation (EU) N°232/2014 of the European Parliament and of the Council of 11 March 2014 establishing a European Neighborhood Instrument. (*)This designation shall not be considered as recognition of a State of Palestine and it is without prejudice to the individual positions of the Member States on this issue.

                     (3)

                        JOINT COMMUNICATION TO THE EUROPEAN PARLIAMENT, THE COUNCIL,

                     THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS Review of the European Neighbourhood Policy, JOIN(2015) 50 final.

                     (4)

                  http://ufmsecretariat.org/wp-content/uploads/2012/09/ufm_paris_declaration1.pdf

                     (5)

                        REGULATION (EU) No 1285/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL  of 11 December 2013 on the implementation and exploitation of European satellite navigation systems and repealing Council Regulation (EC) No 876/2002 and Regulation (EC) No 683/2008 of the European Parliament and of the Council.

                     (6)

                        ESA, EGNOS Project Office (EPO), FWC-2 WP-STA-004, 12 March 2015.

                     (7)

                        Algeria, Tunisia, Libya, Jordan, Lebanon, Israel wrote letters to members of the College.

                     (8)

                        On 12 April 2018, the Council of the European Union has adopted a decision (6934/18) authorising the Commission to open negotiations on an international agreement with Ukraine for EGNOS extension to its airspace.

                     (9)

                        Commission has signed on 8 December 2016 a cooperation agreement between the European Union and the Agency for Aerial Navigation Safety in Africa and Madagascar (ASECNA) on the development of satellite navigation and the provision of associated services in ASECNA's area for the benefit of civil aviation..

    ---documentbreak---

               EUROPEAN COMMISSION
            Brussels, 30.11.2018
            COM(2018) 776 final
            ANNEX
            to the
            Recommendation for a COUNCIL DECISION
            authorising the opening of negotiations on an agreement between the European Union and each individual European Neighbourhood Policy South country for the purpose of agreeing the terms and conditions for extending the provision of the European Geostationary Navigation Overlay Service (EGNOS) over European Neighbourhood Policy

               ANNEX
               Directives for the negotiations of an agreement between the European Union and each European Neighbourhood Policy (ENP) South country laying down the terms and conditions for the provision of Satellite Based Augmentation Services (SBAS) in ENP South countries based on the European Geostationary Navigation Overlay Service (EGNOS)

               (1)The Commission will negotiate an international agreement with each individual European Neighbourhood Policy (ENP) South countries for the provision of Satellite Based Augmentation Services in ENP South Countries based on the European Geostationary Navigation Overlay Service (EGNOS).

               (2)The Commission shall conduct the negotiations in consultation with the [,] acting as special committee and shall report on the outcome of the negotiations, and, where appropriate, on any problem that may arise during the negotiations.

               1.PURPOSE OF THE NEGOTIATION

               The purpose of the negotiations is to reach agreements establishing the terms and conditions for the cooperation with each ENP South country for the provision of Satellite Based Augmentation Services in ENP South countries based on EGNOS system.

               2.SCOPE OF THE AGREEMENT

               Each agreement would cover in particular the following areas:

               (1)Provisions on cooperation: cooperation activities for setting up and operating SBAS in ENP Countries. Those cover inter alia promotion of the EGNOS programme and services, support to their implementation and operation, cooperation on frequency issues (without prejudice to EU procedures
                  1
               ), standardisation and all the issues concerning satellite navigation systems handled by international organisations and associations, research and development; cooperation must be compliant with existing cooperation agreements and obligations including on non-proliferation and export controls
                  2
               ; it is also without prejudice to measures affecting national security.

               (2)Financial provisions: participation of each ENP South country in the incremental operational expenditures for the maintenance of the EGNOS system extended to enable Safety-of-Life Service coverage to the ENP South countries; financial support of EU to extend the Safety-of Life Service to the ENP South countries. In line with Art 2 (5) last paragraph of Regulation (EU) 1285/2013, such support cannot under any circumstances be financed by budgetary contributions earmarked for European satellite navigation and covered by art 9 of Regulation (EU) No 1285/2013.

               (3)Establishment of appropriate cooperative mechanisms for the management of the agreement, establishment of the appropriate liability regime for the provision of EGNOS services. Guarantee by each ENP South country that any possible EU-owned or leased installation of EGNOS on its territory is given the appropriate status (privileges, immunities, etc.), as well as guarantees that each ENP South country will perform the necessary security monitoring, notification and protection of the EGNOS system and the EGNOS sites, provisions on the settlement of disputes between the parties.

               (4)Respect of the relevant provisions of the Treaties and the applicable EU legislation, including the Regulation (EU) n. 1285/2013
                  3
                and Regulation (EU) N. 912/2010
                  4
               , in particular with respect to the governance of the EGNOS programme;

               (5)Compliance of the elements of the EGNOS system to be deployed on the ENP South Countries' territories with the security requirements;

               (6)The inclusion of a termination clause enabling to address situations where individual ENP South Countries would fail to respect the obligations of the agreement.

                     (1)

                        Radio spectrum policy based on Decision 676/2002/EC of the European Parliament and of the Council of 7 March 2002 (Radio Spectrum Decision) which establishes coordination on radio spectrum matters at EU level, including coordination with the CEPT's responsibility for technical aspects, and the representation of EU interests in dealing with the International Telecommunication Union (ITU).

                     (2)

                        OJ L 159 of 30 June 2000, Wassenaar Agreement and Missile Technology Control Regime (MTCR).

                     (3)

                        Regulation (EU) n. 1285/2013 of the European Parliament and of the Council on the implementation and exploitation of European satellite navigation systems and repealing Council Regulation (EC) n. 876/2002 and Regulation (EC) n. 683/2008 of the European Parliament and of the Council, OJ L 347, 20/12/2013, p.1.

                     (4)

                        Regulation (EU) n. 912/2010 of the European Parliament and of the Council of 22 September 2010 setting up the European GNSS Agency, repealing Council Decision (EC) n. 1321/2004 on the establishment of structures for the management of the European satellite radio navigation programmes and amending Regulation (EC) n. 683/2008 of the European Parliament and of the Council, OJ L276, 20/10/2010, p.11


               EUROPEAN COMMISSION
            Brussels, 21.11.2018
            COM(2018) 805 final
            Recommendation for a
            COUNCIL RECOMMENDATION
            with a view to correcting the significant observed deviation from the adjustment path toward the medium-term budgetary objective in Hungary
            {SWD(2018) 504 final}

               Recommendation for a

               COUNCIL RECOMMENDATION

               with a view to correcting the significant observed deviation from the adjustment path toward the medium-term budgetary objective

                  in Hungary

               THE COUNCIL OF THE EUROPEAN UNION,

               Having regard to the Treaty on the Functioning of the European Union, and in particular Article 121(4) thereof,

               Having regard to Council Regulation (EC) No 1466/97 of 7 July 1997 on the strengthening of the surveillance of budgetary positions and the surveillance and coordination of economic policies
                  1
               , and in particular 10(2), second sub-paragraph, thereof,

               Having regard to the recommendation from the European Commission,

               Whereas:

               (1)On 22 June 2018, the Council decided in accordance with Article 121(4) of the Treaty on the Functioning of the European Union (‘TFEU’) that a significant observed deviation from the adjustment path toward the medium-term budgetary objective existed in Hungary and issued a recommendation for Hungary to take the necessary measures to ensure that the nominal growth rate of net primary government expenditure
                  2
                does not exceed 2,8 % in 2018, corresponding to an annual structural adjustment of 1,0 % of GDP.
                  3
                It also recommended that Hungary uses any windfall gains for deficit reduction, while budgetary consolidation measures should ensure a lasting improvement in the general government structural balance in a growth-friendly manner. The Council established a deadline of 15 October 2018 for Hungary to report on the action taken in response to that Recommendation.

               (2)On 13 July 2018, the Council recommended Hungary to ensure that, in 2018, it complies with the Council Recommendationa of 22 June 2018 with a view to correct the significant deviation from the adjustment path toward the medium-term budgetary objective.
                  4
                For 2019, Hungary was recommended to ensure that the nominal growth rate of net primary government expenditure does not exceed 3,9 %, corresponding to an annual structural adjustment of 0,75 % of GDP.

               (3)On 18 and 19 September 2018, the Commission undertook an enhanced surveillance mission in Hungary for the purpose of on-site monitoring under Article -11(2) of Regulation (EC) No 1466/97. After having transmitted its provisional findings to the Hungarian authorities for comments, the Commission reported its findings to the Council on 21 November 2018. These findings were subsequently made public.

               (4)On 15 October 2018, the Hungarian authorities submitted the report on effective action in response to the Council Recommendation of 22 June 2018.
                  5
                Given the information provided by the authorities in their report and the overall assessment based on the Commission autumn 2018 forecast, the Council on 21 November 2018 concluded that Hungary has not taken effective action in response to the Council Recommendation of 22 June 2018.

               (5)In light of the absence of effective action by Hungary and the cumulated high deviation by the latter from the appropriate adjustment path toward its medium-term budgetary objective, it is appropriate to address to that Member State a revised recommendation under Article 121(4) TFEU on the appropriate measures to be taken.

               (6)Based on the Commission 2018 autumn forecast, Hungary's structural deficit increased by 1,7 % of GDP to 3,4 % in 2017 and it is projected to deteriorate further by 0,4 % of GDP to 3,8 % in 2018. As a result, the structural deficit is estimated to be 2,3 % of GDP away from the medium-term budgetary objective of 1,5 % in 2018.

               (7)In order to correct for the cumulated deviations and to bring Hungary back on an appropriate adjustment path following past slippages, an additional and persistent effort should complement the recommended annual structural adjustment of 0,75 % of GDP for 2019 set out in the Council Recommendation addressed to Hungary on 13 July 2018. An additional effort of 0,25 % of GDP seems appropriate given the magnitude of the observed significant deviation from the recommended adjustment path toward the medium term objective. It will accelerate adjustment back towards the medium-term budgetary objective.

               (8)The required improvement of the structural balance by 1,0 % of GDP in 2019 is consistent with the nominal growth rate of net primary government expenditure not exceeding 3,3 % in 2019.

               (9)The structural improvement of 1,0 % of GDP in 2019 translates into a need to adopt measures of a total yield of 0,5 % of GDP in structural terms as compared to the current 2019 baseline of the Commission 2018 autumn forecast, given projected improvement of the structural balance in 2019.

               (10)The requirements for 2019, issued in this recommendation, supersede the corresponding elements set out in the fiscal recommendation contained in the Council Recommendation addressed to Hungary on 13 July 2018.

               (11)Hungary should report to the Council on action taken in response to this recommendation by 15 April 2019, possibly as part of its Convergence Programme submitted pursuant to Article 7 of Regulation (EC) No 1466/97.

               (12)It is appropriate that this recommendation should be made public,

               HEREBY RECOMMENDS THAT HUNGARY:

               (1)take the necessary measures to ensure that the nominal growth rate of net primary government expenditure does not exceed 3,3 % in 2019, corresponding to an annual structural adjustment of 1,0 % of GDP, thereby putting thery Member State on an appropriate adjustment path toward the medium-term budgetary objective.

               (2)use any windfall gains for deficit reduction; budgetary consolidation measures should secure a lasting improvement in the general government structural balance in a growth-friendly manner.

               (3)report to the Council by 15 April 2019 on action taken in response to this Recommendation; The report should provide sufficiently specified and credibly announced measures, including budgetary impact of each of them, as well as updated and detailed budgetary projections for 2019.

               This recommendation is addressed to Hungary.

               Done at Brussels,

                     For the Council

                     The President

                     (1)

                        OJ L 209, 2.8.1997, p. 1.

                     (2)

                        Net primary government expenditure is comprised of total government expenditure excluding interest expenditure, expenditure on Union programmes fully matched by Union funds revenue and non-discretionary changes in unemployment benefit expenditure. Nationally financed gross fixed capital formation is smoothed over a four-year period. Discretionary revenue measures or revenue increases mandated by law are factored in. One-off measures on both the revenue and expenditure sides are netted out.

                     (3)

                        OJ C 223, 27.6.2018, p. 1.

                     (4)

                        Council Recommendation of 13 July 2018 on the 2018 National Reform Programme of Hungary and delivering a Council opinion on the 2018 convergence Programme of Hungary (OJ C 320, 10.9.2018, p.72)

                     (5)

                        https://ec.europa.eu/info/files/hungary-report-council-recommendations-under-significant-deviation-procedure_en


               EUROPEAN COMMISSION
            Brussels, 20.12.2017
            COM(2017) 809 final
            Recommendation for a
            COUNCIL DECISION
            authorising the opening of negotiations for an agreement between the European Union and the Arab Republic of Egypt on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Egyptian 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 Egypt, although cooperation with any MENA country needs to be seen in the context of the region as a whole. The current instability in the region, especially the protracted conflicts in Libya, presents a significant long-term security threat to the EU that needs to be addressed urgently. This concerns both the effective fight against terrorism and related organised crime
                  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.

               Political context

               Egypt is a key partner for the EU, and could play a central role in promoting peace, prosperity and stability in the Southern Neighbourhood region. The general framework for cooperation between the EU and Egypt is provided by the Association Agreement in force since 2004
                  9
               .

               Within this framework and in line with the revised European Neighbourhood Policy
                  10
               , the EU and Egypt agreed in 2017 on the priorities on which the cooperation between the partners will focus in the period 2017-2020
                  11
               . The Partnership Priorities include the reinforcement of the partnership in foreign policy and cooperation in the stabilisation process, notably in the fields of good governance, human rights, security and migration. Particular relevance is given to security and the fight against terrorism and violent extremism, as well as to prevention of radicalisation. Migration also falls under the priority areas for cooperation, with the aim of acting both on the root causes of illegal migration and on the strategies for migration management.

               The EU and Egypt confirmed their common interest to strengthen cooperation in the field of security and the fight against terrorism, based on the follow-up of the first high-level counterterrorism consultation held in September 2016 which identified the prevention of radicalisation, law enforcement and judicial cooperation, border control, explosive detection, as well as aviation and airport security as potential areas of cooperation.

               The EU and Egypt are also partners of the Global Counter Terrorism Forum (GCTF) and the Global Coalition against Daesh.

               EU support has helped the Egyptian law enforcement and judicial authorities to implement the 2016 anti-smuggling legislation, with a detailed work plan agreed in March. The Egyptian authorities are also exploring future cooperation with the European Border and Coast Guard Agency.

               Operational needs

               Based on data available for the SOCTA 2017
                  12
                and TE-SAT 2017
                  13
               , the above discussions, as well as, inter alia, Europol's in-house expert knowledge, cooperation with Egypt is needed in particular to counter the following serious and organised crime phenomena:

               Terrorism: The threat posed notably by Daesh and other terrorist groups constitutes a serious challenge for the security of Egypt and the EU, which have both been targeted by terrorist attacks. European and Egyptian terrorists have also travelled to conflict zones to train and fight. The ability of terrorist groups to operate across borders, including through Libya is a specific concern. 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), terrorist misuse of the Internet and terrorism financing (including the nexus with organised crime).

               Migrant smuggling: Resolute action from the Egyptian authorities has significantly reduced the level of irregular arrivals into the EU from Egypt compared to the first half of 2016. The fragility of the situation in Libya highlights the need for continued close cooperation, including operational cooperation, which will be further supported by the EU-Egypt migration dialogue which will be launched in December. Efficient and coordinated smuggling networks in Egypt are used mainly by nationals from the Horn of Africa, Sudan and Egypt itself. Cooperation with Egyptian authorities would also be relevant to target organised crime groups involved in document fraud, which is particularly relevant in the context of migrant smuggling.

               Drugs: While Egypt is not a major source country of illicit narcotics or precursor chemicals, there is a significant market for hashish and tramadol (a prescription opioid) within the country. Egypt continues to be regarded as a transit country and over the past two years, several major maritime seizures of heroin took place, mainly in the Middle East and in Egypt.

               Illicit Trafficking of Firearms: Crime rates and the smuggling of weapons from Libya have risen dramatically following the 2011 uprising due to the state of disarray of the police force, political and security turmoil and mass prison breaks during the uprising. This creates a threat for the security both in the short and the long term. Cooperation with Egypt therefore constitutes a strategic priority, both 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.

               Counterfeit goods: Intellectual property rights (IPR) violations are a major source of illicit proceeds.

               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 Egypt on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Egyptian 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 Arab Republic of Egypt on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Egyptian 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
                  14
                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 Arab Republic of Egypt.

               (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 Arab Republic of Egypt on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Egyptian 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)

                  http://eeas.europa.eu/node/8200_en

                     (10)

                  http://eeas.europa.eu/node/8201_en

                     (11)

                  https://eeas.europa.eu/sites/eeas/files/eu-egypt-pps.pdf

                     (12)

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

                     (13)

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

                     (14)

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

    ---documentbreak---

               EUROPEAN COMMISSION
            Brussels,20.12.2017
            COM(2017) 809 final
            ANNEX
            to the
            Recommendation for a COUNCIL DECISION
            authorising the opening of negotiations for an agreement between the European Union and the Arab Republic of Egypt on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Egyptian competent authorities for fighting serious crime and terrorism

               ANNEX

               Directives for the negotiation of an agreement between the European Union and the Arab Republic of Egypt on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Egyptian 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 Egypt 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, drug trafficking, illicit trafficking of firearms 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 Egyptian 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 Egypt to other authorities in Egypt 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 Egypt 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 Egypt 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 Egypt 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) 811 final
            Recommendation for a
            COUNCIL DECISION
            authorising the opening of negotiations for an agreement between the European Union and the People's Democratic Republic of Algeria on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Algerian 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 Algeria, although cooperation with any MENA country needs to be seen in the context of the region as a whole. The current instability in the region, especially the protracted conflicts in Libya and the Sahel, 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.

               Political context

               Algeria is a partner of strategic importance to the EU, due to both its position in the Maghreb area and the role it plays at regional level and in the African Union. From a strategic point of view, Algeria is a focal point in the Mediterranean and a key actor for the stabilisation of the Sahara-Sahel region. The country is very active in the fight against terrorism within its territory.

               In March 2017, the EU-Algeria Association Council adopted partnership priorities which include the reinforcement of a security dialogue. Migration and security are among the identified priorities
                  9
               . In October 2017, the EU and Algeria held their first high level informal dialogue on counter-terrorism and regional security
                  10
               . On this occasion the participants expressed their willingness to follow further the possibilities of strengthening their bilateral cooperation in the field of security and the fight against terrorism. In particular, participants identified critical areas where cooperation would be particularly beneficial. These are de-radicalisation; cooperation between Europol and Algeria; the fight against organised crime, including illicit trafficking of firearms and cybercrime; counter-terrorist financing; and forensic investigations.

               Algeria and the EU are members of the Global Counter Terrorism Forum. One of the EU-funded regional CBRN Centres of Excellence is hosted in Algiers.

               Operational needs

               Based on data available for 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 Algeria is needed in particular to counter the following crime phenomena:

               Terrorism: Terrorist groups operating in the region (including in Libya and the Sahel) pose a threat to both Algeria and the EU. 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) and effectively detect, prevent and prosecute terrorism travel, terrorist misuse of the Internet, terrorism financing as well as the nexus with organised crime.

               Migrant smuggling: Organised migrant smuggling activity is present in Algeria and irregular migrants continue to be recorded as using it as a transit point to the EU, and there remains a risk too that Southern Algeria is utilised for irregular travel towards Libya. Cooperation with Algerian authorities would also be relevant to address document fraud, a crime area linked to migrant smuggling.

               Illicit trafficking of firearms: The ongoing instability in the MENA region, and in particular the conflicts in Libya and Syria, considerably increased firearms trafficking in the region. This creates a threat for the security both in the short and the long term. Algeria is also on the natural route to and from the Sahel region. The controls of Algeria's borders therefore constitute a strategic priority, both 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.

               Drug trafficking: The Middle East and North Africa (MENA) is a major source, transit point, and consumer of illicit drugs. With a steady clientele base to the north, the Sahelian smuggling route to the 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.

               Since 2000, there have been a large number of seizures of cannabis resin in Algeria. In 2016, the EU-funded Cocaine Route Programme (component AIRCOP) launched a Joint Airport Interdiction Task Force Legal Authority (JAITFs) in Algeria.

               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 People's Democratic Republic of Algeria on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Algerian 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 People's Democratic Republic of Algeria on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Algerian 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 People's Democratic Republic of Algeria.

               (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 People's Democratic Republic of Algeria on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Algerian 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)

                  http://www.consilium.europa.eu/en/press/press-releases/2017/03/13/eu-algeria

                     (10)

                  https://eeas.europa.eu/headquarters/headquarters-homepage/34285/node/34285_en

                     (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, of 11 May 2016, OJ L 135, 24.5.2016, p. 53.

    ---documentbreak---

               EUROPEAN COMMISSION
            Brussels,20.12.2017
            COM(2017) 811 final
            ANNEX
            to the
            Recommendation for a COUNCIL DECISION
            authorising the opening of negotiations for an agreement between the European Union and the People's Democratic Republic of Algeria on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Algerian competent authorities for fighting serious crime and terrorism

               ANNEX

               Directives for the negotiation of an agreement between the European Union and the People's Democratic Republic of Algeria on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Algerian 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 Algeria 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 Algerian 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 Algeria to other authorities in Algeria 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 Algeria 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 Algeria 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 Algeria 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.