7.3. Internal-External Security Nexus: CSDP-JHA Cooperation (Crista Huisman

7.3. INTERNAL-EXTERNAL SECURITY NEXUS: CSDP-JHA COOPERATION

by Crista Huisman

European Union

Nowadays, EU missions and operations are increasingly embedded in a wider EU approach.

In response to the EU’s neighbourhood and beyond becoming increasingly unstable, work is ongoing to strengthen the internal-external security nexus. The tasks of Common Security and Defence Policy (CSDP) missions/operations and Justice and Home Affairs (JHA) agencies have grown closer: Europol, Eurojust, CEPOL and especially the European Border and Coast Guard Agency (Frontex) increasingly operate outside EU borders, while CSDP has taken on tasks that also include EU security interests such as irregular migration, counter-terrorism and organised crime. Whilst most missions and operations already cooperate in some form with JHA agencies, a more structured approach is needed to increase synergies, based on their respective focus and background.

CSDP-JHA COOPERATION: WIN-WIN

The benefits of cooperation are clear for both instruments. CSDP missions and operations, whilst deployed outside the EU, inter alia assist partner countries to improve the effectiveness of their law enforcement, judiciary, border management procedures and military capability to

There is a strong link between what happens outside of the EU’s borders and security within Europe.

promote internal stability and fight terrorism and organised crime. As such, they also contribute to the protection and security of EU citizens. Enhanced cooperation between CSDP and JHA agencies, including through information sharing as appropriate, offers opportunities to increase the effectiveness of these actions. Similarly, for JHA agencies, an improved awareness of external security threats is vital to their role in enhancing the internal security of the European Union. CSDP actors frequently work directly with key security stakeholders in third countries and have good knowledge of the local security and political context that is often relevant to the internal security of the European Union, the mandates of JHA agencies and the wider law enforcement interests of EU Member States. The relationships developed by CSDP actors with host authorities could facilitate opportunities for enhanced collaboration between EU law enforcement actors and these local authorities. As the tasks of CSDP often require specific, security-related expertise, synergies with JHA actors in Member States also takes place through the secondment of staff.

CSDP-JHA COOPERATION: LONG-LASTING

Actions to strengthen ties between CSDP and the area of Freedom, Security and Justice (FSJ), including the JHA agencies, were set up many years ago, and linkages have over the years been established between the external and internal security of the EU. Member States have on several occasions stressed the importance of further increasing coop-

eration. In 2011, EU Member States agreed for the first time on a ‘Roadmap to strengthen ties between FSJ and CSDP actors’, which was subsequently updated by a Food for Thought paper in 20161 . This was followed up by an EEAS non-paper on enhancing cooperation between CSDP missions/ operations and JHA agencies (2017).

The Civilian CSDP Compact (2018), which also underlines the importance of the internal-external security nexus, highlights that civilian CSDP missions should also contribute to the EU’s wider response in tackling ‘new’ security challenges that could hinder the stabilisation of the host country or the region and hamper the achievement of the mission’s mandate. These new challenges include security threats linked to irregular migration, hybrid threats, cyber security, terrorism and radicalisation, organised crime, border management and maritime security, as well as preventing and countering violent extremism, while taking into account the need to preserve and protect cultural heritage. The role of civilian CSDP in contributing to addressing such security challenges could be seen as a deepening of the core priority areas of police, rule of law and civilian administration as defined in Feira (Conclusions of the Presidency, Santa Maria da Feira European Council June 2000)2. Commitments 20 and 21 of the Compact specifically call for increased cooperation with JHA actors (MS and JHA agencies) and the development of targeted mini-concepts on these new security challenges.

CSDP-JHA COOPERATION: STATE OF PLAY

CSDP missions and operations do not act in a vacuum and have an interest in establishing good mutually-reinforcing working relations with other efforts undertaken, such as existing dialogues and operations of the EU with partner countries, relevant EU programmes under JHA and Member States’ initiatives. The CSDP cooperates in various ways with Europol, Frontex, CEPOL, Eurojust, Interpol and the EGF. Various cooperation agreements between the EEAS and JHA agencies3 provide the strategic framework for all operational and strategic collaborations. Cooperation takes place in the field, and at political, strategic and policy levels. For example, the EEAS is invited to attend the regular meetings of the JHA agencies’ network, including the directors’ meeting, and regular staff-to-staff meetings are organised, for example between the EEAS and Frontex. Additionally, the EEAS keeps in regular contact on CSDP-related operational and strategic issues that are of relevance to specific JHA agencies.

There have been numerous interactions in the field between CSDP and JHA agencies. Concrete examples of cooperation exist in Libya, where associated Frontex experts within EUBAM Libya support the mission on a needs-driven and rotational basis, or in the Sahel, where strategic information is exchanged between the EUCAP Sahel missions and Frontex. Since 2009, EULEX Kosovo has remained the operational and strategic focal point for the communication between Kosovo police and Europol. On the military side, the Crime Information Cell (CIC) is a prime example of cooperation. The CIC was set-up in EUNAVFOR MED Sophia, an executive military CSDP mission, and is now replicated in EUNAVFOR MED Irini. In the CIC, specialised personnel from EU agencies Europol, Frontex, and the CSDP operation exchanged information on criminal activity in the Central Mediterranean and facilitated the direct exchange of information.

1 ‘From strengthening ties between CSDP/FSJ actors towards more security in EUROPE’, ST 10934/16 2 See also ‘Strengthening civilian CSDP - Concept paper’ ST 8084/2018 3 Eurojust-EEAS Letter of Understanding (2017), Interpol Exchange of Letters (2016), Europol exchange of letters (2014/2015 & 2018), Frontex exchange of letters (2013-2015), CEPOL Memorandum of Understanding with ESDC (2015), European Gendarmerie Force (2014)

FRONTEX

Together with the Member States, we ensure that safe and well-functioning external borders provide security. CSDP missions and operations can benefit from a strengthened Frontex.

CSDP-JHA COOPERATION: FUTURE

Though increasing cooperation might seem straightforward, its realisation has proved challenging for a variety of reasons. First of all, both instruments come from distinct backgrounds: whereas JHA is linked to internal security, including internal affairs ministries (MoI) and justice ministries (MoJ), the CSDP generally falls under the responsibility of foreign affairs ministries (though its staffing also comes from MoI and MoJ line ministries) and defence ministries. These two lines of responsibility are also reflected in Brussels, further complicated by different financing lines and different EU structures of responsibility. Another challenge relates to the nature of the cooperation: whereas JHA agencies generally have a need for actionable (operational) information, several challenges, including legal ones, exist for CSDP missions and operations to provide such data. A final challenge relates to the nature of the two instruments as, even if they are deployed to the same area, their work is based on different EU pillars.

Though the CSDP and JHA are very different, a general understanding and willingness to cooperate exists. The existing arrangements and practices between CSDP and JHA have gone some way towards enhancing cooperation and information exchange. More needs to be done however to mainstream collaboration, building in particular on the new legal frameworks of the European Border and Coast Guard Agency (Frontex)4 and Eurojust5, and strengthening of the current Europol6 mandate.

4 Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European

Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624, OJ L 295, 14.11.2019 (EBCG Regulation). 5 Eurojust Regulation (Regulation (EU) 2018/1727 of the European Parliament and of the Council) 6 Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016, OJ L 135, 24.5.2016 p.53.

Whilst most missions and operations already cooperate in multiple forms with JHA agencies, a more structured approach is needed to ensure that both EU tools work together coherently, and that any overlap, or even competition, is prevented. These forms of cooperation need to take into account the different nature of both instruments and to therefore be based on their respective comparative advantages. Options for further cooperation can be broadly summarised along the lines of (1) increased information sharing, (2) enhanced consultation from the planning stages onwards, (3) improved cooperation in the field (e.g. mutual facilitation and logistical support), (4) capability development, including joint training, coordination of training efforts, workshops and study visits and (5) delineation of roles during the implementation of action and coordination during transition phases (sequencing). Additionally, cooperation can be strengthened with national (MS) law enforcement and judiciary actors, including by increasing dialogue between the CSDP and the line ministries. Finally, it could be worth considering whether co-locating JHA agencies in a CSDP mission or operation would be useful. This would also benefit CSDP missions and operations, as they would have direct access to specific expertise (know-how, human resources, information, etc.) of relevance to their mandate.

CSDP – FRONTEX COOPERATION

The new EBCG Regulation envisages a considerable increase in capabilities for the European Border and Coast Guard Agency (Frontex), including the creation of a standing corps starting with 5 000 operational staff in 2021 and increasing to 10 000 border guards by 2027. The new regulation also broadens Frontex’ external engagement: Frontex is deploying its own liaison officers to regions from the Western Balkans to Western Africa, and now has the possibility to operate in any foreign country that signs a status agreement with the EU. Notably, the new regulation also ‘regulates’ cooperation with the CSDP: Article 68(1), second subparagraph, of the EBCG Regulation7 states: “[…] the Agency shall cooperate, in particular, with: j) CSDP missions and operations, in accordance with their mandates, with a view to ensuring the following: (i) the promotion of European integrated border management standards; (ii) situational awareness and risk analysis”.

Although there is a certain risk of overlap in tasks and of competition for Member States’ resources to arise, CSDP missions and operations can benefit from a strengthened Frontex, for example with regards to the de facto centre of excellence they will become. As Member States only have a single set of resources at their disposal, the additional capabilities developed could indirectly also benefit CSDP. The key to future cooperation is a mutual understanding of which tool to use when. For this purpose, a common understanding between national MoI and MFA will be crucial, as well as joint discussions in the Council, for instance in PSC-COSI.

CONCLUSION AND WAY FORWARD

The Area of Freedom, Security and Justice (FSJ) with its JHA agencies and CSDP missions and operations are distinct policy areas acting under different legal regimes, governed by different stakeholders (military, diplomatic or home affairs) and implemented by different EU entities. However, internal and external security have become increasingly interconnected. Whilst cooperation is already taking place in most CSDP missions and operations, increased efforts are ongoing to strengthen and streamline this cooperation. This increased cooperation could further enhance the impact of the EU’s efforts to protect its citizens and to defend its interests and values in Europe and beyond.

7 Article 68(1)(j) of Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624,

OJ L 295, 14.11.2019