COUNCIL OF THE EU:latest news

Justice and Home Affairs Council, 08-09/06/2017

Main results, 8 June

Highlights of the Justice and Home Affairs Council held on 8 June 2017 in Luxembourg.

Criminal justice in cyberspace

Ministers of Justice and Home Affairs discussed the way forward on e-evidence on the basis of the practical solutions identified as a result of the Commission's expert process.. They supported the swift implementation of a number of practical measures to improve cooperation among judicial authorities and with service providers. These include the creation of an electronic user-friendly version of the European Investigation Order (EIO), the creation of single points of contacts within the authorities of member states and service providers to facilitate cooperation, the streamlining of service providers' policies on procedures and conditions to request access, the standardisation of forms used by member states to request access to e-evidence, amongst others. To improve cooperation with US authorities, a key partner when it comes to e-evidence, the exchange of best practices and training of practitioners should also be further enhanced.

A large majority of them supported the need to consider EU legislative action regarding direct cooperation  with service providers and setting EU common conditions and minimum safeguards for direct access to data by authorities from a computer system.  Many underlined that in developing such a framework due account must given to the issues of data protection as well as the need to take into account and ensure synergies as appropriate with current discussions taking place at international level. Taking into account the sense of urgency raised by a number of ministers, the Commission announced its intention to present a legislative proposal early next year.

The European Commission briefed ministers on the work carried out in the expert process on encryption,which is foreseen to continue during the coming months. The Presidency also briefed ministers on the state of play with regard to data retention.

Council discussed measures to better protect children in migration.

Other Justice issuesChildren in migration

Ministers of Justice and Home Affairs jointly discussed the current challenges related to the increased number of children in migration travelling to and arriving in the European Union. In 2015 and 2016, 30 percent of asylum applicants in the EU were children, many of them traveling without their family.

Ministers adopted Council conclusions to reaffirm that children in migration have the right to be protected, in line with relevant provisions of EU law, including the EU Charter of Fundamental Rights, and with international law on the rights of the child.

"Children in migration require a specific protection as they are exposed to high risks of violence, trafficking or exploitation along migration routes. The debate is a first step. We now need to move forward and ensure that we take, at national level, appropriate and practical measures such as those proposed by the Commission in its recent communication."

Maltese presidency

• Council conclusions on the protection of children in migration

The Council adopted a number of general approaches including on the directive on the supply of digital content and services, on the proposal for a directive on countering money laundering by means of criminal law, and on data protection by the union institutions and bodies.

The member states participating in enhanced cooperation adopted a general approach on the proposal for a regulation of the Council on the establishment of the European Public Prosecutor's Office, whose role is to combat crimes against the EU's financial interests.

• Press release on European Public Prosecutor's office (EPPO), 8 June 2017

Agenda highlights, 9 June

Ministers are expected to adopt conclusions on improving interoperability of information systems. They will also review the work on the proposals to improve the Schengen Information System. Over lunch, Ministers will discuss counter terrorism and combatting radicalisation.

• Response to foreign terrorist fighters and recent terrorist attacks in Europe (background information)

The Council will also assess progress on the proposal for a European travel and information authorisation system, which aims to collect information from visa-exempt travellers prior to their trip to the EU.

In addition, the Council will review the situation on migration and the return policy. Ministers will take stock of the work on the proposals to reform the common European asylum system.

• Finding solutions to migratory pressures (background information)

8/6/2017E

EU defence cooperation: Council establishes a Military Planning and Conduct Capability (MPCC)

On 8 June, the Council adopted the decision establishing of the military planning and conduct capability (MPCC) within the EU military staff (EUMS). The terms of reference of the EUMS, which is part of the EEAS, have also been amended and approved. "The establishment of the MPCC is a very important operational decision to strengthen European defence. It will contribute  to make the non-executive European missions more effective and to improve the training of  soldiers of partner countries, to guarantee peace and security. This is important not just for our partners, but also for the European Union's security", said  the High Representative Federica Mogherini. The MPCC will assume command of EU non-executive military missions, currently: EU Training Mission (EUTM) Somalia, EUTM République Centrale Africaine (RCA) and EUTM Mali. The MPCC will be the static, out-of-area command and control structure at the military strategic level, responsible for the operational planning and conduct of non-executive missions, including the building up, launching, sustaining and recovery of European Union forces. This will allow the mission staff in the field to concentrate on the specific activities of their mission, with better support provided from Brussels. The MPCC improves the crisis management structures of the EU. It will work under the political control and strategic guidance of the Political and Security Committee (PSC), which is composed of EU member states' ambassadors and is based in Brussels. The MPCC will be composed initially of up to 25 staff but will also benefit from the support of other departments of the EUMS.  The Director General of the EU Military Staff will also be the director of the MPCC.  He will exercise command and control over the current three training missions and other possible future non-executive military missions. He will also exercise the responsibilities related to deployment and recovery of the missions as well as overall budgeting, auditing and reporting. The MPCC will work closely with its existing civilian counterpart, the Civilian Planning and Conduct Capability (CPCC) through a joint support coordination cell. This cell will be able to share expertise, knowledge and best practices on issues relevant to both military and civilian missions, as well as capabilities when civilian and military missions are simultaneously deployed in the same area, including  medical support or protective measures. 8/6/2017  More effective rules to counter money laundering - Council agrees on its position On 8 June, the Council adopted its position on the proposed Directive on countering money laundering by criminal law. The objective of the proposed directive is to:  establish minimum rules concerning the definition of criminal offences and sanctions relating to money laundering; remove obstacles to cross-border judicial and police cooperation by setting common provisions to improve the investigation of money laundering related offences; bring EU rules in line with international obligations, in particular those arising from the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism (Warsaw Convention) and the relevant Financial Action Task Force (FATF) Recommendations. "To conduct terrorist or other criminal activities, one needs money. With these new rules, our objective is to disrupt and effectively cut off the financial sources of criminals. It is a key dimension of the EU fight against terrorism and that is why the Maltese presidency has set a high priority on this file.  We now hope that the European Parliament will be in a position to engage in negotiations with the Council in a timely manner, in the context of the ordinary legislative procedure." Maltese Presidency The compromise reached by the Council achieves a balance between the positions expressed by member states whilst respecting the main objectives of the initial proposal. Discussions at the Council focused in particular on: the scope of the definition of a "criminal activity" (Article 2(1)) where the Council compromise reaffirms that all categories of offences defined by the Council of Europe Warsaw Convention are covered as predicate offences, while references to existing EU legislation defining specific offences are also included to ensure that they are considered within the respective category. Furthermore, to address the growing threat of cybercrime, the Council agreed that this category should be also added in the definition of criminal activity.   the introduction of a criminalisation obligation for self-laundering (Article 3(3)) the link with the PIF directive, which provides specific rules for money laundering of property derived from PIF offences (Article  1(2)) where the Council underlines that member states can transpose these rules through a single comprehensive framework on money laundering at national level; Background The proposal was tabled by the Commission in December 2016 together with a proposal for a regulation on the mutual recognition of freezing and confiscation orders. Both texts are part of the EU plan to strengthen the fight against terrorist financing and financial crimes. The overall objective is to further disrupt the sources of revenue used by terrorist organisations, as well as to improve the tracing of terrorists through financial movements. Next steps The Council and the Parliament will enter into negotiations on the final text as soon as the latter has decided on its position. Text of the general approach  Fight against terrorist financing (background information)