Brussels, 5 March 2024
Justice
Fight against drug trafficking and organised crime
The Belgian presidency gave an update on one of its priority issues for its 6-month term: fighting drug trafficking and organised crime. It highlighted in particular two elements:
- the setting up of a network of prosecutors specialised in the fight against organised crime. The presidency outlined the scope and tasks of this network and its link with Eurojust, the EU agency for criminal justice cooperation
- the strengthening of judicial cooperation with third countries. Here, the presidency focused on the coordination and pooling of member states’ resources in third countries and on ways to put pressure on non-cooperative jurisdictions (safe haven countries)
In the fight against drug trafficking and organised crime, cooperation is key. I recommend setting up a network of specialised prosecutors to make it easier for our judiciaries to work together. We should also build up judicial cooperation with third countries and make sure that countries do not become safe havens for criminals.
Paul Van Tigchelt, Belgian Deputy Prime Minister and Minister of Justice and the North Sea
The setting up of a network of prosecutors specialised in the fight against organised crime was already discussed in detail at the informal meeting of justice ministers on 26 January 2024. Both strands of work on which the presidency updated ministers also form part of the EU Roadmap to fight drug trafficking and organised crime which the Commission presented on 18 October 2023.
Legislative items
Ministers held a policy debate on a proposed directive on minimum rules to prevent and counter the facilitation of unauthorised entry, transit and stay in the EU. The draft law is currently being discussed by member states’ experts in the relevant Council working party. Ministers gave political guidance to finalise the Council’s position. The goal of the directive is to make the prosecution of smuggling networks more effective by clarifying the definition of the offence of smuggling and to harmonise penalties. It also includes provisions on prevention, investigative tools, training and data collection.
In particular, ministers shared their views on whether the EU offence of migrant smuggling should have as one of its constitutive elements the existence of a financial or material benefit, or if the EU should criminalise the facilitation of unauthorised entry or stay even if the person providing support to the migrant does not derive any material or financial benefit from it.
They also expressed their opinions on whether the directive should contain a humanitarian clause i.e. a provision that it is not a criminal offence when assistance is offered for primarily humanitarian reasons.
According to Frontex data, the number of irregular border crossings at the EU’s external borders reached 380 000 in 2023. It is estimated that more than 90% of irregular migrants use the services of smugglers. The Commission assesses that smuggling networks make profits of between €4.7 and 6 billion annually worldwide.
- Commission launches a Global Alliance to Counter Migrant Smuggling and proposes a strengthened EU legal framework, European Commission
- Saving lives at sea and fighting migrant smuggling (background information)
Russia’s war of aggression against Ukraine: fight against impunity
Over lunch, ministers exchanged views with the Prosecutor General of Ukraine, Mr Kostin, and Commissioner for Justice, Didier Reynders, on developments in the prosecution of war crimes and on efforts to fight impunity at EU and member state level. The ministers for justice pledged their continuous support to ensure the prosecution of core international crimes.
Since the beginning of the war, the Council has played an important role in coordinating the actions of member states and in ensuring an ongoing update of information on national, EU and international initiatives.
These initiatives include the dispatch by member states of forensic experts to Ukraine, the establishment of a joint investigation team into alleged crimes committed in Ukraine, the development by Eurojust of a Core International Crimes Evidence Database, the setting up at Eurojust of an International Centre for the Prosecution of the Crime of Aggression against Ukraine and the launch of national investigations into international crimes allegedly committed in Ukraine.
- Council adopts conclusions on the fight against impunity in Russia’s war of aggression against Ukraine (press release, 9 December 2022)
- Justice and Home Affairs Council, 3-4 March 2022 (main results)
Rule of law and fundamental rights
The infiltration by criminal organisations of judicial systems and threats and intimidation against judges and prosecutors involved in the prosecution of organised crime constitute a serious risk to the rule of law. In this context, justice ministers discussed the resilience of our judicial systems.
They raised the question about how to mitigate – for instance, through individual protection measures – threats to judges and prosecutors, to protect them and their families, and to maintain the independence of the judicial system. Ministers also looked into how to protect the judicial system from interference by criminal groups (e.g. corruption or infiltration) and the possible role of security vetting and checks in this respect.
The Council approved conclusions which focus on the theme of the European Commission’s 2023 annual report on the application of the Charter of Fundamental Rights in the EU: effective legal protection and access to justice. They also exchanged views on the subject in the presence of Ms Sirpa Rautio, the newly appointed director of the European Union Agency for Fundamental Rights.
Other business
The Commission informed ministers about the state of play of its negotiations with the US aimed at concluding an agreement on e-evidence.
Home affairs
Combatting drug trafficking and organised crime
The fight against drug trafficking and organised crime – a priority of the Belgian presidency – was a key issue at the meeting of ministers of home affairs. The Council agreed on a recommendation regarding the implementation of best practices from member states’ capabilities to fight drug trafficking. The presidency also gave an update of its progress in executing the EU roadmap to fight drug trafficking and organised crime.
Drug criminality and organised crime are a danger for our democratic societies. Only through international cooperation between police authorities and through alliances with private entities and port authorities can we remain one step ahead.
Annelies Verlinden, Belgian Minister of the Interior, Institutional Reform and Democratic Renewal
The recommendation which ministers agreed on comes on the back of a Schengen evaluation, carried out by the Commission and member states’ experts in 2023, of national capabilities in the areas of police cooperation, border management and IT systems to fight against drug trafficking.
The best practices include:
- providing strategic means – such as offensive and defensive national drug strategies – to fight drug trafficking
- mapping illicit drug flows through the conclusion of information-sharing agreements among other things
- disrupting criminal networks for instance by running automatic Schengen Information System checks for vehicles entries/exits in logistics hubs
- increasing the resilience of logistics hubs by reinforcing the maritime surveillance system among others
The presidency also highlighted some of its priority actions in the context of the EU roadmap such as the mapping of high-risk criminal networks which pose the greatest threats to society. Europol will soon deliver a report on this mapping exercise.
Another key priority of the presidency is the European Port Alliance. The Alliance, which was launched by the presidency and the Commission on 24 January 2024, is based on three pillars: the mobilisation of the customs community, the creation of a public-private partnership against drug smuggling and criminal infiltration and the strengthening of law enforcement operations in ports.
Infographic – Migration flows: Eastern, Central and Western routes
External dimension of migration
Ministers discussed the state of play and further development of strategic partnerships with countries of origin and transit of irregular migration. In July 2023, the EU concluded a memorandum of understanding with Tunisia which included an important migration pillar. Now the EU is in the process of negotiating comprehensive partnerships with Egypt and Mauritania in which migration figures as one priority area of cooperation among others.
The Council also exchanged views on the EU’s action plan for the Eastern Mediterranean migration route. This being a route along which many irregular migrants make their way to the EU, ministers discussed how best to manage these flows.
With the conclusion of the pact the EU has taken steps to bring down and manage the migratory pressure. In addition the EU will continue to cooperate with third countries to prevent people from embarking on dangerous journeys or falling victim to migrant smugglers.
Nicole de Moor, State Secretary for Asylum and Migration
EU’s internal security
Over lunch, ministers addressed the implications of Russia’s war of aggression for the EU’s internal security and the situation in the Middle-East.
Ministers assessed the measures and instruments in place to respond to risks to the EU’s internal security as a result of these conflicts. They agreed to stay vigilant and act together in order to mitigate the repercussions on the EU’s internal security.
The online dimension of the Middle East conflict, primarily the spread of online disinformation and hatred, risks increasing polarisation and feeding extremism in the EU. Against this backdrop ministers paid special attention to the need to fully implement and make use of the EU’s legal framework, especially the Terrorist Content Online Regulation and the Digital Services Act, to fight illegal content online.
The Ukrainian Minister for the Interior, Ihor Klymenko, joined the meeting by videoconference.
Fighting online sexual abuse of children
The presidency informed ministers about the state of play of two legislative proposals to combat child sexual abuse. One proposal, on which a political agreement was reached between the European Parliament and the Council on 15 February 2024, will extend until 3 April 2026 a derogation from data protection rules in the electronic communications sectors that permits internet companies to detect online child sexual abuse on their services, to report it and to remove child sexual abuse material.
The second proposed EU law – which is still on the table of EU legislators – will make it mandatory for internet companies to alert the authorities about online child sexual abuse on their platforms. The Belgian presidency confirmed its willingness to reach a Council position on this long-term regulation by the end of its presidency in June.
The presidency also informed delegations about other legislative files that fall within the remit of home affairs ministers.
Schengen area
Ministers exchanged views on the evaluation, concluded in February 2024, of the European Border and Coast Guard (Frontex) regulation. This evaluation, the first since the new regulation was adopted in 2019, concludes with a positive assessment and identifies a number of challenges related to organisational, technical and operational shortcomings.
The Commission, represented by commissioner Ylva Johansson, presented the Schengen Barometer+, a key tool that monitors the functioning of the Schengen area by presenting an overview of the implementation of the agreed political priorities as well as the risks and vulnerabilities that threaten a well-functioning area of freedom, security and justice without internal borders.
Ministers took note of the state of play of the interoperability of the EU’s information systems in the area of migration, security and justice.
While these information systems – which include the Schengen Information System, the fingerprint database Eurodac and the online travel authorisation system ETIAS – are currently not interlinked, the EU is deploying a new interoperability architecture which will provide a single interface for searches.
According to a timeline that was agreed in October 2023, the new border management system (Entry Exit System) will enter into operation in autumn this year, followed by the European Travel Identification and Authorisation System (ETIAS) six months later in 2025.
Other business
The presidency reported on the 24th High Level Meeting of the EU-CELAC Coordination and Cooperation Mechanism on Drugs which took place on 22 February 2024 in La Paz, Bolivia.
Slovenia presented the outcome of the ministerial conference of the Salzburg Forum, a Central European security partnership, which took place on 11 and 12 December under the Slovenian Chairmanship.
Finland informed delegations about a non-paper on a preparedness union.
Meeting information
- Meeting n°4009
- Brussels
- 4 March 2024
- 09:30
Preparatory documents
Outcome documents
Press releases
- EU-Angola: Council gives final greenlight to the EU’s first sustainable investment facilitation agreement – 4 March 2024, 13:15