EU 
EU institutions
want Justice and Home Affairs agencies to "fly the EU flag"
abroad
15.02.13
"More and better use"
could be made of Justice and Home Affairs (JHA) agencies in "operational
or capacity-building" and "advisory" roles in
foreign policy operations, according to a report from the recent
annual meeting of JHA agency chiefs, which says that bodies such
as Europol and Frontex are "in an excellent position to
'fly the EU flag' vis-à-vis the Third Countries"
in which they operate. [1]
The suggestion comes at
a time when significant work is being undertaken within the EU
institutions to better coordinate "internal" and "external"
security activities. Suggestions have been made for the mandate
of the EU's foreign police missions to be broadened so that officers
operating in places such as the Occupied Palestinian Territories
or Afghanistan could gather personal data and pass it to EU agencies
concerned with internal security, such as Europol and Frontex.
[2]
Documents concerning this
work argue that the EU's foreign police missions should implement
"intelligence-led policing" frameworks as a "building
block [to] further serve the purpose" of developing "comprehensive
situational awareness and intelligence support to the EU."
[3]
However, frequent concerns
have been expressed over the accountability of agencies such
as Europol and Frontex, which would likely only increase if their
abilities to gather personal data were increased even further.
A December report from the Polish Institute of International
Affairs calls for "training on ethics and an expansion of
the membership of Frontex's consultative forum to include representatives
of border personnel." [4] Oversight of Europol's activities
is currently mostly undertaken by the Council of the EU, although
greater levels of scrutiny may be introduced by a new Europol
Council Decision, on which negotiations should begin in the next
few months.
The report from the annual
head of agencies meeting, issued in early December, also suggests
that the introduction of a "mechanism for regular exchange
of information, consultation and coordination among the Agencies,
Commission and External Action Service" in the field of
foreign policy ("external relations" in EU parlance)
would "enhance the effectiveness of the EU External Action
and deliver more against the JHA and External Relations Policy
objectives."
Data protection training
"to be decided"
Other topics discussed
at the meeting included data protection, on which "all participants
agreed on the importance of supporting each other" which
would require "appropriate consultations with Data Protection
Officers and Supervisory Authorities and tailored made [sic]
training activities."
A "multilateral scorecard"
examining cooperation amongst EU agencies notes that possible
training for JHA agencies on data protection, to be organised
by the European Police College, CEPOL, "in cooperation with
Commission and other JHA agencies as well as external partners,"
is "to be decided." [5]
CEPOL, which offers training
on European police cooperation policy and practice, has never
offered dedicated courses on data protection, although it is
yet to release its Work Programme for 2013. Negotiations are
ongoing on new EU legislation covering both general data protection
issues, and the more specific area of criminal justice and policing.
"Considerable
progress" on human trafficking
Cooperation on the issue
of human trafficking was also discussed, and the agencies "renewed
their commitment to their Joint Statement" made on the EU's
Anti-Trafficking Day in 2011, on which they have apparently made
"considerable progress."
Last year an 'Operational
Acton Plan' (OAP) that seeks to address human trafficking was
introduced as part of a new EU framework, the European Multidisciplinary
Platform Against Criminal Threats (EMPACT), overseen by the Standing
Committee on operational cooperation on internal security (COSI).
The OAP is led by the
UK and involves sixteen other Member States as well as Interpol,
Eurojust, Frontex, CEPOL and the European External Action Service
(EEAS), and aims to "combat all forms of trafficking in
human beings and human smuggling by targeting the organised crime
groups conducting such criminal activities in particular at the
southern, south-western and south-eastern criminal hubs in the
EU." [6]
The activities that make
up the Operational Action Plan remain unknown, although the decision
to appoint the UK as the lead state is notable considering that
the coalition government has sought to highlight its policies
on human trafficking since its election in May 2010. A new government
strategy was introduced in 2011 which the Home Secretary, Theresa
May, said "will make a real difference to the lives of those
at risk of human trafficking." [7]
Charities, however, criticised
new measures introduced as part of the strategy, saying that
it "places too much emphasis on border control and not enough
on victim protection," and that it represented an "immigration-dominated
focus on addressing the symptoms and not the causes of the trade
in human beings." [8]
"Governance, efficiency,
accountability and overall coherence"
The December meeting also
saw senior EU staff discuss the "Common Approach to the
EU Agencies" which was adopted by the European Parliament,
Commission and Council in July 2012, intended to "streamline
and further improve the governance, efficiency, accountability
and overall coherence of the Agencies."
Statewatch noted at the time that "the
agreed text seems to fall short of the Commission's objectives
of greater transparency and accountability." Heads of agencies
at the meeting were keen to highlight "the importance for
the Agencies of maintaining the required operational and legal
autonomy in order to effectively implement their mandates and
respond flexibly to operational needs of the Member States."
The EU's internal security
committee, COSI, discussed at a meeting last week how the committee
"could improve its monitoring of the functioning of co-operation
between the Agencies, and the Member States' interaction with
them," in the field of "operational co-operation in
the field of internal security." [9]
The paper notes that the
willingness of JHA agencies "to co-operate more closely
together and to take on more responsibilities is a welcome characteristics
and a signal of strength," but can "prove a challenge
to give practical effect to these demands."
Member States and agencies
are invited to address the "structural issues" that
prevent better inter-agency cooperation, caused for example by
"the relationships between the different 'corresponding'
authorities at national level."
"Lessons learned
at national level with regard to co-operation between different
authorities should now be applied at EU level," says the
document.
Attempts at improving
cooperation between JHA agencies were formalised following an
October 2009 request from the Swedish Presidency for CEPOL, Eurojust,
Europol, and Frontex "to produce a report on how to further
improve their cooperation." [10]
This work has moved beyond
the original four agencies and now also includes the European
Asylum Support Office (EASO), the European Institute for Gender
Equality (EIGI), the European Monitoring Centre for Drugs and
Drug Addiction (EMCDDA), the Fundamental Rights Agency (FRA),
and the European Agency for the Management of Large-Scale IT
Systems, which since December last year has been responsible
for management the Visa Information System (VIS), EURODAC, and
from spring this year will oversee the Schengen Information System
II (SIS II).
Sources
[1] General Secretariat,
Report
of the Annual Heads of JHA Agencies Meeting on 3 December 2012,
1 February 2013
[2] Plans
emerge for the collection of personal data outside European borders
to obtain "comprehensive situational awareness and intelligence
support", Statewatch News Online, 30 October
2012
[3] Ibid.
[4] Roderick Parkes, Frontex:
An accountability problem, Polish Institute of International
Affairs Bulletin, No 114 (447), 4 December 2012
[5] General Secretariat, Multilateral
Cooperation Scorecard, 4 February 2013
[6] Presidency, EU
Policy Cycle: Monitoring of the Operational Action Plans 2012,
16014/12
[7] UK Home Office, Human
Trafficking: The Government's Strategy, 2011
[8] ECPAT UK, Focus
of government's new trafficking strategy will not help victims,
2011
[9] Presidency, Cooperation
between JHA agencies: issues for discussion, 7 February
2013
[10] General Secretariat, Interim
report on cooperation between JHA Agencies, 29 January
2010