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Counter Terrorism Instruments

Overall State of Play:

Finalised; as part of the Comprehensive assessment of security policies presented on 26.07.2017; COM (2017) 407 final; SWD (2017) 278 final; SWD(2020) 135 final; COM (2020)619

State of play, main conclusions, outlook

The Commission has presented the outcome of a comprehensive assessment of security policies in the Ninth Progress Report towards an effective and genuine Security Union, adopted on 26 July 2017. This comprehensive assessment covered the main instruments adopted by the EU in the last 15 years to tackle terrorism and radicalisation, disrupt organised crime and fight cybercrime. The comprehensive assessment covered the main areas of EU action, namely: policy framework and strategies, legislation, soft law, supporting measures (e.g. training, funding, research and innovation) and other measures to foster information exchange and operational cooperation. The aim was to assess if the EU law and supporting activities are considered satisfactory, effective and still relevant in today's reality, and to identify gaps requiring further action.

The comprehensive assessment replaced the Fitness Check of counter-terrorism instruments announced in the 2016 REFIT Scoreboard.

In July 2020 the Commission, building upon the findings of the Comprehensive Assessment of EU Security Policy of July 2017, presented a stocktaking of the implementation of home affairs legislation in the internal security field.

On 18 November 2021, the Commission adopted also its report based on Article 29(2) of Directive (EU) 2017/541 on combatting terrorism assessing the added value of the Directive with regard to combating terrorism, and whether the Directive is fit for purpose. The report found that overall the Directive has achieved its goals and does not need to be revised at the moment.

Estimated savings and benefits

The comprehensive assessment showed that stakeholders consider the Union's action in the area of internal security and the instruments used as appropriate, relevant and effective. Stakeholders perceive EU policies on internal security as bringing added value in supporting Member States' action, in line with their operational responsibility for ensuring security and the supporting role entrusted to EU institutions and EU agencies by the Treaties. Neither substantial negative side effects, nor significant duplication or overlaps were identified.

The comprehensive assessment highlighted the added value of EU action in facilitating information exchange and operational cooperation. It showed that instruments and tools such as the Schengen Information System, joint investigation teams, the European Arrest Warrant and mutual legal assistance support national authorities in collecting and exchanging information and evidence. This allows national authorities to carry out coordinated operational action and helps them bringing offenders to justice.

The overall assessment was that EU measures have contributed to improve national capabilities to counter terrorism, serious and organised crime and cybercrime, including through training, exchange of best practices and cross-border cooperation. Frameworks for cooperation, such as the EU Policy Cycle for organised and serious international crime, help define common priorities for action by Member States' authorities at national level and across borders. EU agencies in the area of justice and home affairs have turned into central actors in their respective areas of competence, as illustrated by the support that Europol gives through its specialised centres or Eurojust's role in facilitating the implementation of the European Arrest Warrant and the European Investigation Order.

The stocktaking of the implementation of Home Affairs legislation in the internal security field done in July 2020 stated that the recommendations made in the Comprehensive Assessment as well as evaluations and external assessments were very important for the new initiatives that the Commission adopted in the field of counter-terrorism. These initiatives include the Regulation on the prevention of the dissemination of terrorist content online, the Directive facilitating the use of financial information to combat and track terrorist financing and the new EU legal framework for the security of explosives, which was also strengthened through a new Regulation on marketing and use of explosives precursors. Additionally, the stocktaking also stressed the importance of international cooperation in the area of counter-terrorism. An important achievement in the period 2017-2020 relates to the EU’s engagement in the Western Balkans and the Joint Action Plan on counter-terrorism for the Western Balkans, which was agreed with six Western Balkan partners in October 2018.