9 June 2022
The Council today adopted conclusions on achievements and next steps in protecting Europeans from terrorism.
The Council invites member states to continue discussions on the effective sharing of information on foreign terrorist fighters who constitute a serious threat. It calls on authorities to issue entry bans on third-country nationals who constitute a threat to national security and to continue entering these bans into the Schengen Information System. The Council encourages further cooperation between counter-terrorism authorities and authorities responsible for granting the right to reside, in order to ensure maximum coordination.
The Council also asks member states to explore ways to limit the means of action of those promoting radicalisation and calls for vigilance to ensure that organisations promoting violence and hatred cannot benefit from public funds. It invites member states to coordinate further on restrictive measures and measures to prohibit entry into the EU and asks the Commission to consider the need for legal developments allowing for mutual recognition of entry bans on terrorist suspects.
The Council highlights the need to continue exchanges regarding access to digital data, including in areas such as data retention, encryption or artificial intelligence. It also invites the Commission to assess whether a legislative initiative would be appropriate to establish minimum rules on crime definitions and sanctions in illicit arms trafficking.
- Council conclusions on protecting Europeans from terrorism: achievements and next steps
- The EU’s response to terrorism (background information)
Judicial cooperation: Council adopts negotiating mandate on two proposals to improve information exchange
To step up the fight against cross-border crime, the Council today adopted its negotiating mandates on a proposal regarding digital information exchange in terrorism cases and a proposal to establish a collaboration platform for joint investigation teams. These proposals are part of ongoing efforts to modernise and digitalise cross-border judicial cooperation, making it easier for prosecutors and judges to exchange information and bring to justice the growing number of criminals and terrorists acting across borders.
Information exchange in terrorism cases
Currently, member states share information with Eurojust on cases related to terrorism via various channels. This information is then included in the European judicial counter-terrorism register, a technically outdated system that does not allow for proper cross-checking of information.
The proposal aims to remedy these shortcomings and allow Eurojust to play a stronger and more proactive role in supporting coordination and cooperation between national authorities investigating and prosecuting terrorist offences.
Under the proposed rules, member states will need to provide Eurojust with information on any criminal investigations regarding terrorist offences as soon as such cases are referred to the judicial authorities. The proposal:
- creates a modern, digital case-management system which stores this information and allows it to be cross-checked
- empowers Eurojust to better detect links between transnational investigations and prosecutions in the field of terrorism and to proactively inform member states about the links found
- creates a secure digital communication channel between member states and Eurojust
- simplifies cooperation with third countries by granting liaison prosecutors seconded to Eurojust access to the case-management system
Collaboration platform for joint investigation teams
Joint investigation teams are teams created for specific criminal investigations, for a fixed period of time. They are set up by the competent authorities of two or more member states, with the possible participation of third countries concerned, to jointly manage cross-border investigations. The JIT framework allows members of the team to exchange evidence directly, without the need for traditional judicial cooperation procedures.
The proposed platform will facilitate the daily coordination and management of a JIT, ensure the exchange and temporary storage of operational information and evidence, and ensure secure communication and evidence traceability. It will be accessible via a secure internet connection and include a centralised information system and a connection between this system and relevant IT tools used by the JITs. Use of the platform will be strongly encouraged, but will remain voluntary.
Eu-LISA, the EU agency for the operational management of large scale IT systems in the area of freedom, security and justice, will be tasked with designing, developing and operating the platform.
Next steps
Negotiations with the European Parliament on these proposals will start once the latter has adopted its position.
- Proposal on digital information exchange in terrorism cases (general approach)
- Proposal establishing a collaboration platform for Joint Investigation Teams (general approach)
- A digital future for Europe (background information)