COUNCIL OF THE EU

 

Press material Wednesday 21 June 2023

● Council of the EU   21/06/2023 13:40 | Press release | Joint EU-US statement following the EU-US Ministerial Meeting on Justice and Home Affairs   On 21 June 2023, the Swedish Presidency of the Council of the European Union hosted the EU-U.S. Ministerial Meeting on Justice and Home Affairs in Stockholm. The European Union was represented by the Commissioner for Home Affairs Ylva Johansson, the Commissioner for Justice Didier Reynders, as well as the Swedish Minister for Justice Gunnar Strömmer. The incoming Presidency of the Council was represented by the Spanish Minister of Justice Maria Pilar Llop Cuenca and the Spanish Minister of the Interior Fernando Grande-Marlaska. The United States was represented by Attorney General Merrick Garland and Secretary for Homeland Security Alejandro N. Mayorkas. The meeting was an opportunity to reaffirm the commitment of the European Union and the United States to a strong transatlantic partnership, at a time of major geopolitical challenges. The United States and the European Union once again condemned Russia’s war of aggression against Ukraine and reaffirmed their unwavering support for Ukraine. They discussed their intent to deepen their cooperation in assisting Ukraine in the area of justice reform and the rule of law. The United States and the European Union remain committed to provide protection to those who had to flee Ukraine as a result of the Russian aggression. Specifically, the United States and the European Union reaffirmed their unequivocal commitment to ensure full accountability for the international crimes committed in connection with Russia’s invasion of Ukraine, respecting the important role of the International Criminal Court, Ukrainian courts, and other courts. They welcomed the signature of a Memorandum of Understanding between the U.S. Department of Justice and the prosecuting authorities of the national members of the Joint Investigation Team on Ukraine, set up with the support of Eurojust, and the upcoming establishment of the International Centre for the Prosecution of the Crime of Aggression against Ukraine, which will benefit from the United States’ support. The United States and the European Union saluted the start of operations of the Core International Crimes Evidence Database at Eurojust and look forward to the database becoming fully operational and to contributing thereto. The United States and the European Union also intend to continue to take the discussions on international accountability mechanisms forward to ensure effective accountability for the crime of aggression. The United States and the European Union reiterated their commitment to ensure that Russia pays for all the damages it causes in Ukraine. Relatedly, they welcomed the establishment, within the Council of Europe, of a register of damage for Ukraine. The United States and the European Union reconfirmed their intent to continue their close cooperation on the full enforcement of sanctions, including by taking action consistent with their respective legal frameworks to freeze and seize, and where appropriate confiscate, assets linked to criminal activities such as sanctions evasion, money laundering, or corruption. They reiterated the importance of cooperating with other international partners, including G7 countries, to avoid any enforcement gap and welcomed the first United States’ transfer of funds seized from Russian oligarchs to aid Ukraine. The United States and the European Union remain steadfast in their efforts to fully account for holdings of immobilised assets of the Central Bank of Russia in the respective jurisdictions. The two sides reiterated their commitment to address security threats stemming from the war, including cooperation with Ukraine to reinforce the collective capacities to prevent trafficking of firearms, trafficking in human beings, and critical infrastructure protection, as well as law enforcement cooperation on information exchange and joint operational actions. They highlighted the importance of the support to help strengthen the Republic of Moldova’s security sector in the face of destabilising activities by external actors, and advance the necessary rule of law and justice reforms. The United States and the European Union expressed strong concern with the rise of violent extremism, based on the rejection of democratic values and motivated by hate, racism, xenophobia and/or related intolerance. They stressed their willingness to work jointly to identify and take effective action in situations in which violent extremist groups cooperate transnationally for the purpose of committing criminal offenses, as well as to address the challenges arising from lone actors acting at their own initiative. Both sides stressed the need to further address the significant challenges arising from the spread of terrorist and violent extremist content online, including the role of algorithmic amplification. They encouraged companies to take action to prevent misuse of their platforms to promote violence and exploit children. The United States and the European Union reaffirmed the importance of effective information sharing to combat terrorism. To that end, they plan to continue and build upon the existing pilot project between the U.S. Department of Homeland Security and Europol addressing security risks associated with terrorist travel. The United States and European Union welcomed the continued sharing by the U.S. Department of Justice of terrorist information, including battlefield evidence, with Europol. The United States and the European Union discussed the U.S. Enhanced Border Security Partnership and the value of bilateral information sharing under this program. They also expressed their intent to discuss future cooperation at the EU level. The United States and the European Union welcomed the relaunch of the negotiations for an EU-U.S. agreement facilitating access to electronic evidence in criminal proceedings at the beginning of 2023. This agreement will complement a robust network of existing instruments that have built trust and cumulatively provide a framework for transatlantic cooperation in criminal matters and protection of public safety subject to strong safeguards. In this context they recognized the value of the recently adopted OECD Declaration on Government Access to Personal Data held by Private Sector Entities. They also welcomed the strides taken by the United States and the European Union with respect to transatlantic transfers of data between commercial operators in a manner that satisfies the requirements of their respective legal systems. The Budapest Convention on Cybercrime and its Second Additional Protocol remain the primary instruments for international cooperation on cybercrime. At the same time, in the context of their close coordination towards a new UN convention on cybercrime, the United States and the European Union support a convention that advances international cooperation to fight cybercrime and respects human rights and the rule of law. The United States and the European Union recognized the benefits and risks associated with new and emerging online technologies. They discussed the importance of maintaining the ability of judicial and law enforcement agencies to lawfully access data in order to effectively prevent, detect, investigate and prosecute crime, while safeguarding cybersecurity and confidentiality of communications. The United States and the European Union concurred on the need to enhance joint efforts to prevent and combat child sexual abuse in all its forms, online and offline. The United States and the European Union remain committed to reinforcing cooperation against cross border organized criminal networks, in particular, those involved in the illicit manufacture and trafficking of cocaine and synthetic drugs, including fentanyl. Both parties resolved to further their exchanges in relation to supply and demand reduction at the EU-U.S. Dialogue on Drugs, and at appropriate multilateral bodies. They jointly endorsed work on a project between the U.S. Department of Homeland Security and Europol to develop additional intelligence on entities known or suspected of participating in the transnational trade in synthetic drugs. They also welcomed ongoing cooperation between the agencies of the U.S. Departments of Justice and Homeland Security and of the EU. The United States and the European Union underlined the need for joint efforts to address synthetic drugs in the context of the Global Coalition. Both expressed hope that the launch event on 7 July would provide avenues for concrete action to address this shared health and security problem. Both sides reaffirmed their commitment to intensify their cooperation against environmental crime, including working together on cross-border criminal investigations and prosecutions, as well as developing best practices. The United States and the European Union welcomed the progress made by the three EU Member States not yet in the Visa Waiver Program and reiterated their willingness to pursue efforts in the context of the tripartite process and bilateral discussions. The two sides concurred on the importance of reciprocal visa-free travel under their respective legal frameworks. Reaffirming their joint commitment to advance together towards common solutions in all these areas, the United States and the European Union decided to meet again in the second half of 2023 in Washington DC.

Press material Wednesday 21 June 2023

● Council of the EU   21/06/2023 11:44 | Press release | European Media Freedom Act: Council secures mandate for negotiations   EU member state ambassadors have agreed the Council’s position on a new law to safeguard media freedom, pluralism and independence in the EU. The European Media Freedom Act (EMFA) will establish a common framework for media services in the EU internal market and introduce measures aimed at protecting journalists and media providers from political interference while also making it easier for them to operate across the EU’s internal borders. "I am very pleased that the EU member states have reached this agreement. Media freedom is fundamental to democratic society, yet it faces increasing threats, both from within the EU and abroad. The Council's position on the EMFA strengthens protection for media providers and their sources and gives national regulatory authorities more responsibility for cooperating and advising the Commission on the proper functioning of the internal market for media services, while also ensuring that the unique media landscape in each member state can continue to thrive." Parisa Liljestrand, Swedish Minister for Culture Growing threat to media freedom The proposed regulation responds to rising concerns in the EU about the politicisation of the media as well as lacking transparency of media ownership and of allocation of state advertising to media service providers. It seeks to put in place safeguards to combat political interference in editorial decisions for both private and public service media providers, protect journalists and their sources, and guarantee media freedom and pluralism. A new media services board The EMFA builds on the provisions of the 2018 Audiovisual Media Services Directive (AVMSD), in particular by proposing a new European Board for Media Services to replace the regulators group (ERGA) established under the AVMSD. The board will be composed of national media authorities and will advise and support the Commission to promote the consistent application of key provisions of the new law in all member states, including by providing opinions and helping the Commission to produce guidelines. The position of the Council The Council’s mandate maintains the ambition and objectives of the Commission’s proposal while ensuring that the new law is consistent with existing EU legislation, respects national competences in this area, and strikes the right balance between the necessary harmonisation and respect for national differences. In particular, the Council’s position: clarifies the responsibility of the member states to guarantee the plurality, independence and proper functioning of public media providers operating within their borders determines the scope of the European Board for Media Services and strengthens its independence sets out provisions to strengthen the protection of journalists and journalistic sources and limits the use of coercive measures such as deployment of spyware for the purpose of obtaining such information ensures that member states are able to adopt stricter or more detailed rules than those set out in relevant parts of the EMFA broadens the scope of the requirements on transparency, both for transparency of ownership which is proposed to apply for all media service providers, and for the transparency of state advertising where the possibility of national exemptions for small entities is significantly reduced provides clearer rules on the relationship between very large online platform providers and media service providers that adhere to regulatory or self-regulatory regimes of editorial control and journalistic standards in member states, with the aim to ensure that such content is treated with extra care Next steps The presidency of the Council now has a mandate to begin negotiations with the European Parliament once the latter has established its position on the EMFA regulation. The joint aim of the Commission, Council and Parliament is to conclude the negotiations on the EMFA regulation before the upcoming European Parliament elections. Background Media freedom and pluralism are enshrined in the Charter of Fundamental Rights of the European Union and the European Convention on Human Rights. However, recent reports from the Commission and the Media Pluralism Monitor have highlighted a number of concerns in the EU regarding issues such as the politicisation of the media, transparency of media ownership and the independence of media regulators. On 16 September 2022 the Commission published its proposal for a regulation establishing a common framework for media services in the internal market. The EMFA proposal sets out new rules to protect media pluralism and independence in the EU. Key elements of the new legislation include: an independent public service media with a stable source of funding transparency of media ownership protection of editorial independence safeguards to ensure media pluralism and prevent media concentration the European Board for Media Services, a new watchdog for media freedom Media freedom in the EU (background information)

Press material Wednesday 21 June 2023

● Council of the EU   21/06/2023 11:22 | Press release | Air travel data: Council adopts position on EU laws about data collection and processing   The EU member states ambassadors today agreed on the Council’s negotiating mandate for two legislative proposals on the collection and transfer of advance passenger information. Advance passenger information (API) contains identification details from the travel document and basic flight information. The goal of the two draft laws is to facilitate border management at the EU’s external borders as well as to fight terrorism and serious crime. "Better travel data collection will contribute to fighting crime more efficiently and help border guards stop illegal crossings, as well as making it easier to travel by air." Gunnar Strömmer, Swedish Minister for Justice The two regulations will put in place a router that receives the API data transferred to it by air carriers. The router, in turn, transmits API data to national border and law enforcement authorities. The development of a single router, a central tool which will be developped by an EU agency, makes it easier for air carriers to transfer the information to national authorities and reduces the risk for errors and abuse. Air carrier data collection The two laws stipulate what API data air carriers must collect and transfer to the router. API data will consist of a closed list of traveller information such as name, date of birth, nationality, type and number of the travel document, seating information and baggage information. In addition, air carriers will be obliged to collect certain flight information, for instance the flight identification number, the airport code and time of departure and arrival. More effective crime fighting The new law will enable law enforcement authorities to combine travellers’ API data and passenger name records (PNR). The PNR is a larger set of air passenger data and contains details about the itinerary of a passenger and information of the flight booking process. When used together, API and PNR are particularly effective to identify high-risk travellers and to confirm the travel pattern of suspected persons. Better border process Border authorities will get a more complete view of travellers arriving at airports. They will be able to perform pre-checks before arrival and as a consequence manage their border controls more efficiently. This should increase the chances of preventing unwanted border crossings. Passengers should benefit from shorter waiting times and smoother passport checks.