10-missionreport-redacted_geschwaerzt
Dieses Dokument ist Teil der Anfrage „Data Retention – ‘Going dark’“
MEMO
u
Unit
coA
responsible:
Date: | 07-02-2023
To:
Ce: | OPD, EST, IAO
Subject: | Report from COSI SG Meeting on 7 February 2023
1. Adoption ofthe agenda
The draft agenda was adopted with no additional items.
2. Information from the Presidency
The Presidency referred to the good discussion from the informal JHA Council Stockholm which focused
on law enforcement and judiciary access to digital information. One ofthe outcomes was that COSI would
take the discussed work forward at the upcoming meeting on 22 February. A discussion will also take
place in CATS on 16 with focus on the judicial dimension. The Swedish Presidency plans to follow-up
with other events with the “Going dark” theme, including a conference to take place in April tbc.
The Presidency reminded about the upcoming second meeting on the implementation ofthe EU strategy
to fight organised crime on 14-15 February in Brussels (note: Eurojust is attending) and of the informal
COSI meeting taking place in Stockholm on 30-31 March.
3. EMPACT
3.1 Draft Council Condusions on the permanent continuation of EMPACT 2022+
5292/23 (to be issued)
The Presidency highlighted that the changes proposed for both Council Conclusions referred to in points
3.1 and 3.2 ofthe current COSI SG agenda had the aim to reflect what already agreed in previous Council
Conclusions. The aim of the Presidency was to bring both draft Council Conclusions to Coreper on 22
February and to the March JHA Council as A point.
The changes, in both documents, were summarised as follows:
1. replacing annual OAPs with biannual ones as of from 2024;
2. remove final assessmentachievement strategic goals and replace with an independent evaluation
at end of cycle;
3. include the possibilityto adjust operational actions / add new ones in case of exceptional
situations (such as war in UA).
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Delegates’comments on the 1st set of Counci
l Conclusions:
Italy asked clarification on page 6, namely to haveinformation
more on what would be procedure to follow
for new operational actions supposed to bed. finance Also in relation of having high
value grants or low
value grants.
The Presidencyaddressed the point clarified that the procedure will be describedin Terms of Referenc e
as the Council Conclusions were not suitable for .thatAs for financing, will also come to that in Europol
Presentationunder point3.4 of the agenda.
The Netherlands anticipated thatwillit propose tostrengthen the language on the additional operationa l
actions in case of extraordinary circumstances,
as to refer not only to the inwarUkraine.
3.2 Draft Council conclusio ns setting the EU's priorities for the fight against serious and
organised crime for EMPACT2022-2025
5291/23 (to be issued)
The Presidencyflagged that the changeswere the same ones proposed for the first set of Council
Conclusions (see above in 3.1).
Delegates’comments on the n d2set ofCouncil Conclusions:
The Czech Republic asked to add “strategic goods” inpriority
the on firearms trafficking (page 10). The
Presidency invited to be careful on changingthe wording of priorities at this stage due to the rigid
applicable procedure. Theishw of the Czech Republic could probably be better addressed in the occasion
of the interimOCTA
S report in June.
Germanywelcomed theextensionof theduration of OAPs. It also stressed the importance of identifying
drivers for next OAPs 2026/2027 atearly an stage.
3.3 Draft EMPACT Terms of Reference
9921/1/21 REV 1 (to be issued)
The Presidency highlighted that the changes of the EM PACTTerms of Reference were a natura l
consequenceof the changes on the functioning of EM PACTitself. The proposalfrom the Swedish
Presidency supported by Europol, the Commission and the Council Secretariat included:
1) M oving from the one year to the -year
two OAPs;
2) Adjustments in the reporting mechanism ;
3) Introduction of the emergency procedure as for the Council Conclusions indications
with of the
steps to be take in terms of procedure
;
4) Text adjustment s concerning interactions between coordinators, Drivers-Drivers; and co
5) Changes in terminology as suggested ;by NECs
6) Includingthe distinction between“relevant actors ” and “core actors”;
7) Newchapter on communication;
Delegates’ omments:
c
Bulgaria, Czech ███████████ and Romania will propose the possibility for drivers to make
suggestions for the addition of new operational actions based on exceptional .circumstances
The Nethe rlands noted that the document did not include consultation with drivers before engagem e n t
with external partners, which was in contrast with what previously agreed.
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The Presidency invited Delegates to submit written comments by 14 February with
of having
the aimthe
Terms of Reference approved at the COSI meeting of 15 M ay.
3.4 Changesin EMPACTfunding linked to the -years 2 Operati onal Action Plans
Presentation byuropol
E
Europol reported that in 2022 the average financial implementation of high value grants was 33% , whi
of low value grants was 68% . There were 100 applications for a budget of approximately 44 million Eur.
As all revenues had been used so far, Europol lookingwasinto alternative solutions to raise the amounts
of low value grants in 2023.
In view of the changes in the functioning of EM PACT, Europol would a introduce two years scheme
aggregatingthe budgets for 2024 and 2025. he initial
T proposal swato locate
al 3 million Eur
o to high
value grands and 5 milliono to Eurlow value grants. The call for proposal will remain open and cover the
two years period. Europol asked for COSI’s strategic guidance on such proposal, in particular on the
distribution of thefunds between high and low value grants.
3.5 Joint Action Days2023
5446/23 (to be issued)
Presentation by Europol
The concept presented by Europol ased was on
b previous terms of reference, guidanceby the COSI andSG
input from7 M ember States. 2022 coordin ators (including Eurojust ) were also consulted.
The concept note includedcrime 9 areas covered by 10 OAPsa and total 11 Joint Action Days (JAD)
proposed for 2023note:( none of them coordinated by EJ) 7 of them coordinated by Frontex.
OnceEurojust hadthe approval on the concept note, coordinatorswould be asked to decide on timing and
operational actions content and after that will invite M ember States, EU Agencies -EU countries
non and
private partners to join the relevant
JADs.
As Italy asked more information on action day “Samba”, Europol clarified that it was proposed by █████
and that discussions were ongoing on which entity would act as coordinator and as action leader.
3.6 List of relevantactors
5447/23
COSI SG took note ofthe updated list.
No additional changes were raised, hence the new version of the list
would soonbe issued.
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4. Preparation of COSI-PSC meeting on 21 February 2023 and COSI meetin g
on 22 February 2023
Information from the Presidency
The COSI-PSC meeting on 21 February will last half day starting at 14:30. Invitations were already sent
out on 3 February, together with a background note and guiding questions on CSDP and JHA cooperation
in the context of the war in Ukraine. The Presidency aimed at focusing on how to draw attention to the
role of home affairs and justice ministries in the present context as well as to get a view on how such
cooperation could be shaped on the future.
The COSI meeting on 22 February will last for a full day. The agenda, soon to be issued, includes:
1) going dark, law enforcement access digital information. Discussion will be based on a document
of the Swedish Presidency on the proposed way forward;
2) internal security implications of the war in Ukraine, looking specifically on firearms trafficking. A
restricted document concerning this point (list of actions) will be issued by the EEAS and the
Commission. Also here, the aim is to have a forward looking discussion on the implementation of
such actions;
3) EU Innovation Hub: presentation of the annual activity report from last year and of the
multiannual planning;
4) few information point, such as an update digitalization files and a presentation by the JHAAN.
Bulgaria intervened to flag that it wished to include the presentation of a conference recently held in Sofia
concerning cooperation in the fight of Migrant Smuggling.
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