Tag Archives: United States of America

Scientific and technological cooperation with the United States

Outline of the Community (European Union) legislation about Scientific and technological cooperation with the United States

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Research and innovation > Research and innovation: international dimension and enlargement

Scientific and technological cooperation with the United States

Acts

Council Decision 98/591/EC of 13 October 1998 concerning the conclusion of the Agreement for scientific and technological cooperation between the European Community and the Government of the United States of America.

Council Decision 2009/306/EC of 30 March 2009 concerning the extension and amendment of the Agreement for scientific and technological cooperation between the European Community and the Government of the United States of America.

Summary

Decision 2009/306/EC aims to extend the Agreement for scientific and technological cooperation concluded between the European Community (EC) and the United States on 5 December 1997 in Washington for a period of five years.

Its objective is to reinforce cooperation between the two parties in common priority areas in which they carry out scientific and technological research and development activities. Areas of cooperative activities are as follows:

environment,
biomedicine and health,
agriculture,
fisheries science,
engineering research,
non-nuclear energy,
natural resources,
materials sciences (including nanotechnology) and metrology,
information and communication technologies (ICTs),
telematics,
biotechnology,
marine sciences and technologies,
social sciences research,
transportation,
security research,
space research,
science and technology policy, management, training and mobility of scientists.

The Agreement allows American legal entities * to participate in the European Community Framework Programme. Reciprocally, legal entities from Member States can participate in American programmes on themes that are equivalent to those of the EC Framework Programme. Actions carried out concern the implementation of research programmes, technological development and demonstration by promoting cooperation with and between enterprises, research centres, universities, third countries and international organisations. They also aim to encourage the training and mobility of scientists, as well as the dissemination and optimisation of the results of research activities, whilst complying with the provisions for intellectual property.

The two parties will facilitate the free circulation of scientists and equipment used for activities covered by this Agreement. Funding may be granted to an American legal entity participating in a Community action.

Coordination will be carried out by a Joint Consultative Group (JCG) who will meet once a year. This group is composed of a limited and equal number of representatives from each party. It is responsible for evaluating and monitoring the implementation of the Agreement. Its remit also includes determining the sectors where cooperation could be reinforced and to define research priorities.

Context

The Agreement between the European Community and the United States of America establishes an official cooperation framework with regard to scientific and technological research. It was concluded on 5 December 1997 for an initial period of five years. It can be extended with possible amendments for additional periods of five years.

Key terms of the Act
Legal entity: a natural or legal person created in accordance with national law in the place of its establishment or with Community or international law, with a legal personality and being able to hold rights and obligations of any nature in its own name.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Decision 98/591/EC	13.10.1998	–	OJ L 284 of 22.10.1998
Decision 2009/306/EC	30.3.2009	–	OJ L 90 of 2.4.2009

Agreement with the United States on mutual legal assistance

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Agreement with the United States on mutual legal assistance

Outline of the Community (European Union) legislation about Agreement with the United States on mutual legal assistance

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Justice freedom and security > Judicial cooperation in criminal matters

Agreement with the United States on mutual legal assistance

Document or Iniciative

Council Decision 2009/820/CFSP of 23 October 2009 on the conclusion on behalf of the European Union of the Agreement on extradition between the European Union and the United States of America and the Agreement on mutual legal assistance between the European Union and the United States of America.

Summary

The European Union (EU) and the United States of America (U.S.) concluded an agreement on mutual legal assistance, with a view to improving cooperation between EU countries and the U.S. as well as to combating crime more effectively. The agreement entered into force on 1 February 2010.

EU countries and the U.S. apply the provisions of this agreement to their bilateral mutual legal assistance treaties. In the absence of such a treaty, the EU and the U.S. will ensure that the provisions of the agreement are nevertheless applied.

Mutual legal assistance

On request, the requested country must promptly identify and communicate to the requesting country information on:

banks where a natural or legal person, who is suspected of or charged with a criminal offence, has one or more bank accounts;
natural or legal persons that have been convicted of or involved in a criminal offence;
information that a non-bank financial institution possesses;
financial transactions that are not related to bank accounts.

EU countries’ requests for assistance are transmitted by central authorities responsible for mutual legal assistance or by national authorities responsible for investigating or prosecuting criminal offences. The U.S. transmits its requests for assistance via its national authorities responsible for investigating or prosecuting criminal offences.

The requesting country may use an expedited means of communication for the request for assistance and the related communications, followed by a formal confirmation if required by the requested country.

The requesting country may require the requested country to keep a request for assistance and its contents confidential. The central authority of the requested country must inform the requesting country if it cannot execute the request for assistance without breaching confidentiality. The requesting country must then decide whether the request for assistance should be executed or not.

The EU and the U.S. must enable the establishment and operation of joint investigative teams to facilitate criminal investigations or prosecutions between one or more EU countries and the U.S.

The EU and the U.S. must also enable video conferencing between EU countries and the U.S. to take witnesses’ or experts’ testimonies in proceedings.

Assistance to administrative authorities

Mutual legal assistance must also be provided to national and other administrative authorities, but only when the conduct under investigation will lead to a criminal prosecution or to a referral to criminal investigation or prosecution authorities. The authorities responsible for transmitting these requests for assistance are designated in accordance with the bilateral mutual legal assistance treaties between the countries concerned. Where such a treaty does not exist, the requests are transmitted between the U.S. Department of Justice and the EU country’s Ministry of Justice or other equivalent Ministry that is responsible for transmitting requests for mutual legal assistance.

Limitations to the provision of assistance

A country may limit its provision of assistance to offences that are:

punishable under the laws of both countries (requesting and requested);
punishable by deprivation of liberty or a detention order of a maximum period (minimum four years in the requesting and two years in the requested country);
designated as serious and punishable under the laws of both countries.

Where a country limits its provision of assistance to the last two kinds of offences, it must nevertheless provide for the identification of bank accounts related to terrorist activity and the laundering of proceeds from serious criminal activity that are punishable under the laws of both countries.

Limitations to the use of evidence or information

The requesting country may only use the evidence or information transmitted by the requested country for:

its criminal investigations and proceedings;
protecting its public security against an immediate and serious threat;
its non-criminal judicial or administrative proceedings that directly relate to its criminal investigations or proceedings;
other purposes, provided that the information or evidence has been made public or the requested country has given its prior consent.

The requested country may impose additional conditions limiting the use of the evidence or information in a particular case if, due to the absence of such conditions, it was not able to comply with the particular request for assistance. In such a case, the requested country may require the requesting country to provide information on the use it makes of the evidence or information.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Decision 2009/820/CFSP	23.10.2009	–	OJ L 291, 7.11.2009

Agreement with the United States on extradition

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Agreement with the United States on extradition

Outline of the Community (European Union) legislation about Agreement with the United States on extradition

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Justice freedom and security > Judicial cooperation in criminal matters

Agreement with the United States on extradition

Document or Iniciative

Summary

The European Union (EU) and the United States of America (U.S) signed an agreement on extradition, which entered into force on 1 February 2010. The agreement supplements the bilateral extradition treaties between EU countries and the U.S. and enhances cooperation in the context of applicable extradition relations.

Extraditable offences

Extraditable offences consist of:

offences that are punishable by deprivation of liberty for a maximum period (more than one year) or by a more severe penalty under the laws of both the requesting and requested country;
an attempt to commit or participation in the commission of such an offence.

If the requested country grants extradition for an extraditable offence, it must also grant extradition for any other offence included in the request, provided that the other offence is punishable by deprivation of liberty for up to one year and that all the other requirements for extradition are fulfilled.

Extradition requests

The requesting country transmits its requests for extradition and any supporting documents via the diplomatic channel. These documents need not be authenticated further if they bear the certificate or seal of the requesting country’s Ministry of Justice or Ministry or Department responsible for foreign affairs.

The requesting country may transmit requests for provisional arrest via the Ministries of Justice, instead of using the diplomatic channel. These requests may also be transmitted via the International Criminal Police Organisation (Interpol). When the requesting country is seeking for the extradition of a person who already is under provisional arrest in the requested country, it may submit its request directly to the requested country’s embassy located on its territory.

In case the requested country deems the information provided in the request for extradition insufficient for carrying it out, it may require the requesting country to submit additional information. Requests for and transmissions of additional information may be done directly between the Ministries of Justice.

Extradition procedures

The requested country may temporarily surrender a person who is being proceeded against or who is serving a sentence to the requesting country for prosecution.

When several countries request the extradition of the same person for the same or different offences, the requested country’s executive authority decides to which country that person will be surrendered. Similarly, if the U.S. submits an extradition request for a person whose surrender has also been requested pursuant to the European arrest warrant for the same or different offences, the requested EU country’s competent authority decides to which country the person will be surrendered.

The requested country may use simplified extradition procedures, that is surrender a person without delay and further proceedings, when the person concerned consents to being surrendered.

EU countries and the U.S. may allow for the transit through their territories of a person surrendered to or by one or the other and a third country. Requests for transit may be made via the diplomatic channel, directly between the U.S. Department of Justice and the EU country’s Ministry of Justice or via Interpol. No authorisation is needed for air transportation, provided that no landing is scheduled onto the territory of the transit country. In the case of an unscheduled landing, the country in question may require a request for transit.

The requested country may grant extradition for an offence that is punishable by death under the laws of the requesting country but not under its own laws on condition that:

the death penalty will not be imposed;
if the death penalty is imposed, it will not be carried out.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Decision 2009/820/CFSP	23.10.2009	–	OJ L 291 of 7.11.2009

Related Acts

Council Decision 2009/933/CFSP of 30 November 2009 on the extension, on behalf of the European Union, of the territorial scope of the Agreement on extradition between the European Union and the United States of America [Official Journal L 325 of 11.12.2009].
This decision extends the territorial scope of the agreement on extradition between the EU and the U.S. to the Netherlands Antilles and Aruba.

Agreement between the European Union and the United States on the transfer of financial messaging data

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Agreement between the European Union and the United States on the transfer of financial messaging data

Outline of the Community (European Union) legislation about Agreement between the European Union and the United States on the transfer of financial messaging data

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These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

External relations > Industrialised countries

Agreement between the European Union and the United States on the transfer of financial messaging data

Document or Iniciative

Council Decision 2010/412/EU of 13 July 2010 on the conclusion of the Agreement between the European Union and the United States of America on the processing and transfer of Financial Messaging Data from the European Union to the United States for the purposes of the Terrorist Finance Tracking Program.

Summary

For the purpose of preventing, investigating, detecting or prosecuting terrorism or terrorist financing, this agreement between the European Union (EU) and the United States of America (U.S.) provides for the transfer of:

financial payment messages that refer to financial transfers and related data, which are stored in the EU by international financial payment messaging service providers (designated providers), to the U.S. Treasury Department;
relevant information acquired from the U.S. Treasury Department’s Terrorist Finance Tracking Program (TFTP) to EU countries’ law enforcement, public security or counter terrorism authorities, or to Europol or Eurojust.

To obtain the necessary data stored in the EU, the U.S. Treasury Department makes a request, and sends any supplemental documents, to a designated provider on U.S. territory. At the same time, it provides a copy of these documents to Europol, which verifies the compliance of the request with the requirements of the agreement and notifies the designated provider accordingly. Once the compliance of the request is confirmed, it will have binding legal effect and the designated provider is required to transfer the requested data to the U.S. Treasury Department.

The U.S. Treasury Department must ensure that certain safeguards, particularly in relation to the protection of personal data, are applied when the provided data is processed. The data may only be processed for the purpose of preventing, investigating, detecting or prosecuting terrorism or terrorist financing. It must be secured from unauthorised access, disclosure and loss, as well as from any unauthorised form of processing. A search of the provided data may only be initiated where there is pre-existing information or evidence indicating that the subject of the search might be connected to terrorism or its financing. All searches and the reasons thereof must be recorded.

The U.S. Treasury Department must delete non-extracted data:

no longer necessary for the fight against terrorism, based on (at least) an annual evaluation;
transmitted without having been requested;
by 20 July 2012 at the latest, if it was received before 20 July 2007;
no later than five years after receipt, if it was received after 20 July 2007.

Extracted data may be retained for only as long as is necessary to fulfil the purpose for which it was requested. The agreement also defines safeguards to limit the onward transfers of extracted data.

The U.S. Treasury Department must make information obtained through the TFTP that may contribute to the EU’s actions against terrorism available to the relevant authorities of the EU countries concerned and, as appropriate, to Europol and Eurojust. If any follow-on information is deemed as necessary to the U.S.’s fight against terrorism, it must be similarly conveyed back. To facilitate these exchanges of information, a Europol liaison officer may be delegated to the U.S. Treasury Department.

A relevant EU country authority, Europol or Eurojust may provide the U.S. Treasury Department with a request to search data acquired through the TFTP and to transfer relevant information if there is reason to believe that a person or entity is connected to terrorism or its financing as defined by the framework decision on combating terrorism and the directive on the prevention of the use of the financial system for money laundering.

During the term of the agreement, the Commission will examine the options available for establishing an EU system equivalent to the U.S. TFTP. Once the European system is established, there will be the need to review and possibly modify this agreement and ensure the complementariness of the two systems.

Independent overseers will monitor compliance with the limitations and safeguards of the agreement. They have the authority to review, query and block searches of provided data, as well as to request for additional justifications on the connection to terrorism. One of these overseers will be appointed by the Commission.

Via the national data protection authority, a person has the right to request confirmation that his/her personal data has been processed in compliance with data protection rights. Disclosure of this information may be refused or restricted if necessary for the fight against terrorism or the protection of public or national security. In such cases, a written explanation will be given to the person, together with information on the possibility to seek administrative and judicial redress in the U.S. A person also has the right to request the rectification, erasure or blocking of inaccurate or wrongly processed personal data. To maintain the accuracy of information received or transmitted under this agreement, the data may be supplemented, deleted or corrected by each party. The U.S. Treasury Department provides information on the TFTP on a public website, including on the right of redress.

This agreement enters into force on 1 August 2010 and will remain in force for a period of five years. Afterwards, it will be automatically extended for subsequent periods of one year, unless one of the parties notifies of its intention not to extend it.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Decision 2010/412/EU	13.7.2010	–	OJ L 195, 27.7.2010

EU counter-terrorism policy

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EU counter-terrorism policy

Outline of the Community (European Union) legislation about EU counter-terrorism policy

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Justice freedom and security > Fight against terrorism

EU counter-terrorism policy

Document or Iniciative

Communication from the Commission to the European Parliament and the Council of 20 July 2010 – The EU Counter-Terrorism Policy: main achievements and future challenges [COM(2010) 386 final – Not published in the Official Journal].

Summary

The communication presents the main European Union (EU) level legislative and policy developments, as well as some of the future challenges, in the field of counter-terrorism. It forms a preparatory step in the EU’s internal security strategy, building on the Stockholm Programme’s counter-terrorism related measures. The communication focuses on the four strands identified in the EU counter-terrorism strategy:

Prevent

The framework decision on combating terrorism is the main EU level legal instrument for dealing with terrorist offences. Amended in 2008, it now also harmonises national provisions relating to the prevention aspects of the fight against terrorism, including terrorist use of the internet. The Commission has also launched a dialogue with law enforcement authorities and service providers to counter terrorist use of the internet. To facilitate this kind of public/private partnerships, a European Agreement Model is currently being developed.

Of the several important policies the EU has adopted in recent years to combat radicalisation and recruitment, the specific EU strategy is a key instrument. Action and implementation plans were approved in 2009 to further the objectives of this strategy. The Commission’s contribution to work in this field has included its communication concerning terrorist recruitment and support for the production of a number of related studies. Furthermore, it has set up a European Network of Experts on Radicalisation (ENER) to facilitate dialogue between academics and policy makers.

In the future, the most effective ways to counter radicalisation and recruitment must be identified more accurately. The related national policies must be assessed, to which end the Commission will launch a communication in 2011, which will also serve as a basis for updating the EU strategy. More effective approaches must also be put in place to counter terrorist use of the internet, including further support to national law enforcement authorities.

Protect

Great efforts have been made in recent years to improve border security, including the introduction of new technologies in the development of the integrated border management system and of biometric passports. The second generation Schengen Information System (SIS II) and the Visa Information System (VIS) are currently being developed. Cyber security is dealt with in the framework decision on attacks against information systems and the action plan to protect critical information infrastructure. To improve transport security, especially regarding civil aviation and maritime transport, an extensive legislative framework has been established. In these two fields, the Commission also closely cooperates with national administrations on a system of inspections of airports and port facilities.

In 2008, an EU action plan for enhancing the security of explosives was approved. The Commission is also working on proposals for measures that aim at improving control of access to precursor substances used for preparing explosives. Several programmes have also been established to support the development of security and counter-terrorism policies, such as the security research programme (as part of the Seventh Framework Programme for Research and Technological Development) and the European Programme for Critical Infrastructure (EPCIP). In relation to the latter, a directive on European critical infrastructures was adopted in 2008 as a first step in creating an EU-wide approach.

Future work must concentrate on improving transport security through the use of new technologies and on developing industrial security policy with focus on standardising and certifying security solutions. Efforts should also be made to ensure the effectiveness of security research policy, in particular by strengthening links between public sector users and the research community as well as technology providers and the industry.

Pursue

In recent years, several instruments relating to data gathering and exchanges have been adopted, such as the Data Retention Directive, the decision on stepping up cross-border cooperation and the framework decisions on simplifying the exchange of information between national law enforcement authorities and on the European evidence warrant. At the same time, improvements have been made to the functioning of Europol and to its cooperation with Eurojust.

The main legislative instrument dealing with the financing of terrorism is the directive on money laundering adopted in 2005. The same year, a regulation on controls of cash entering or leaving the EU was also adopted. There are also non-legislative measures to counter terrorist financing, such as the voluntary guidelines to address non-profit organisations’ vulnerability to abuse for terrorist financing purposes.

An assessment of the new legal instruments for exchanging information is currently underway and will be presented in a separate communication. The need for EU legislation on investigation techniques will also be assessed. In addition, there is the need to establish a methodology based on common parameters for threat assessments at EU level in order to ensure that counter-terrorism policy is adequately supported by evidence.

Respond

The EU Civil Protection Mechanism is the main instrument for responding to terrorist attacks. Additional EU level mechanisms include the Crisis Coordination Arrangements (CCA) and the ARGUS system, which aim at coordinating responses to crises. Europol also supports coordinated responses to terrorist incidents through its information exchange mechanisms.

The EU action plan on chemical, biological, radiological and nuclear security was adopted in 2009, with a view to better preparing and responding to incidents in which terrorists would obtain such materials. The Commission also provides support to victims of terrorist attacks, including financial support.

The EU civil protection policy is currently being evaluated to better prepare for the follow-up actions. An assessment of ways to reinforce coordination and cooperation to facilitate consular protection during crises is also underway. Furthermore, it is essential that the EU rapid response capacity be further developed on the basis of existing instruments.

Horizontal issues

The EU counter-terrorism strategy also includes horizontal issues that are relevant for its implementation:

respect for fundamental rights – the tools used to fight terrorism must comply with the Charter of Fundamental Rights;
cooperation with external partners – cooperation should be further developed through international organisations, such as the United Nations, and with non-EU countries, particularly the United States;
funding – the multi-annual financial frameworks (currently the Security and Safeguarding Liberties Programme) provide funding for counter-terrorism; the feasibility of creating an Internal Security Fund will be examined in future.