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Information exchange for internal security: Council documents 18.4.16

01 April 2016

Documents from recent discussions within the Council on how to improve information exchange amongst Europe's law enforcement authorities. The issue has come to the fore (again) following recent terrorist attacks and the movement of refugees towards and within Europe. For background, see: Statewatch Analysis: Commission proposals on migration and internal security databases: a new list of old "needs" (pdf) by Chris Jones

Council of the European Union: Working Party on Information Exchange and Data Protection (DAPIX): Summary of discussions, 15 March 2016 (doc. 7117/16, 12 April 2016):

"Delegations emphasised that DAPIX was already working on most of the proposals set out in the COSI paper and suggested to add the SPOC concept to the lists of items to be discussed by COSI. They stressed, in particular, the need to identify and overcome obstacles to cross-border information availability and follow-up exchange at both legal or technical level.

The suggestion to carry out a feasibility study on creating a single search interface for cross-checking databases available at European level, in particular with a view to creating interoperability between SIS II, VIS and Eurodac, was supported by eu-LISA.

The issue of choosing the appropriate channel for a smooth information flow was raised without, however, finding an agreement beyond the best practice model set out in the SPOC manual.

Europol advocated an increased use of the EIS, which currently was accessible by around only 4000 users."

Council of the European Union: Note from Presidency to: Standing Committee on Operational Cooperation on Internal Security (COSI) / Strategic Committee on Immigration, Frontiers and Asylum (SCIFA) COREPER / Council: Information exchange and interoperability (doc. 7711/16, 12 April 2016):

"2) Proposed way forward

In light of all the initiatives/documents stated above and the explicit wish from Ministers to adopt practical actions in the June Council 2016, the Presidency aims to develop a coherent information and end-user centred approach.

In view of developing such an approach, we would like to discuss what Member States want to prioritise in pursuing the improvement of information-systems, their interoperability as well as proper national use of these systems. In that perspective the Presidency, in consultation with the EU CTC and the Commission drew up the following reflections:

(...)

Do Member States agree that the Smart Borders proposals form a solid basis for negotiations in Council with a view to reaching a political agreement by the end of this year, or so much earlier as possible?

(...)

Member States are invited to indicate:

a) whether they agree on the need to start working, in the short term, towards a ‘single search interface’;

b) to indicate which databases to include and who has access; and,

c) in which areas, in the longer term, they see the automatic interconnectivity model (or other more advanced options for interoperability) as bringing added value beyond the use of a single interface.

(...)

Member States are invited to indicate:

a) whether there is an information gap regarding third country nationals exempt from visa requirements travelling to the EU;

b) if yes, whether this can potentially be addressed by an EU Travel Information and Authorisation System;

c) whether, bearing in mind the nature of the current terrorist threat, the option to register border crossings of EU citizens (all or just SIS registered) should be considered; and

d) which are other important gaps in the EU's architecture of information systems that need to be addressed.

(...)

3) Roadmap

The outcome of this discussion will be used to work towards fundamental agreement on the requirements for an integrated European information architecture including interoperability in the JHA domain, covering migration, security/CT and borders by June 2016. This agreement should also encompass the actions that are being developed on information exchange regarding terrorism related activities. The agreement will include a roadmap with short, mid- and long term actions, which will be presented during the JHA Council in June 2016."

Council of the European Union: United Kingdom and French delegations: Data and information sharing (doc. 6930/16, 8 March 2016): Proposals from the UK and France on:

• Security of the External Border: SIS II Article 36 (discreet checks) and Article 24 (expulsion or removal decision alerts), sharing information on "refusals of entry, removals and visa revocation", more use of Interpol Stolen and Lost Travel Documents (SLTD) database, fingerprints in SIS II, a "ground-breaking CTG initiative to establish a multilateral information exchange platform", call for Europol to prioritise Terrorist Finance Tracking Programme, Internet Referral Unit, Firearms, Focal Point Travellers.
• Interoperability: easier access to Eurodac for "security purposes" and for longer data retention periods, increasing interoperability in general.
• Criminal records: systematic sharing of criminal record data for "people connected to terrorism and serious and organised crime", support for "the proposal by Poland to lead a group to look in greater detail on mechanisms for tackling serious mobile EU criminality"
• Passenger data: ensure rapid implementation of the PNR Directive, re-assess the API Directive (2004/82)