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Kultuuriministeerium · 31. jaanuar 2020
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1-12 Kirjavahetus õigusalastes küsimustes (sh ministeeriumile kooskõlastamiseks saadetud õigusaktide/dokumentide eelnõud)
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1-12/2020 Kirjavahetus õigusalastes küsimustes ( sh eelnõude kooskõlastamine)
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Aleksandr Aidarov
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28. veebruar 2020

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Ref. Ares(2019)7896171 - 23/12/2019 Programming Fiche ESTONIA Asylum and Migration Fund (AMF) Future priorities Specific objective 1 - to strengthen and develop all aspects of the Common European Asylum System, including its external dimension - Harmonization of the CEAS at EU level and a uniform application of the relevant Union acquis will require investments in improving the efficiency and effectiveness of asylum procedures and reception conditions in Member States and, in particular, catering for the needs of vulnerable groups such as unaccompanied minors, and persons with special reception and procedural needs, such as unaccompanied minors. - Supporting solidarity and responsibility sharing between the Member States and providing support in particular to those Member States most affected by migratory flows such as for example through transfers of applicants and/or beneficiaries of international protection. - Enhancing solidarity and cooperation with third countries with the purpose of managing migration including through resettlement and other legal avenues. Current priorities or types of actions in the National Programme that could be continued under this specific objective  The current support services to asylum seekers should be continued. Policy issues that should be addressed in the future under this specific objective linking to Annex VI of the AMF proposal CEAS – intervention fields  Reception conditions: For Estonia the priority should remain the reception conditions with the aim of ensuring high-quality reception conditions and alternatives to detention. The conditions need to be in compliance with the Reception Conditions Directive.  Asylum procedures: Though the numbers of asylum seekers is low, Estonia should continually enhance the conditions and focus on rapid access to the asylum procedures. Greater participation in the use of EASO’s practical cooperation activities and tools would further help Estonia improve the conditions as well as the asylum procedures.  Resettlement: Estonia could increase the numbers of resettled persons.  Solidarity efforts between Member States: Estonia is encouraged to further support solidarity efforts between Member States. Trafficking in human beings: ensure the realisation of the rights of victims of trafficking in human beings, taking into account particularly vulnerable groups, such as women and girls trafficked for sexual exploitation, ensuring access to appropriate assistance, support and protection to victims and their early identification. 1 Desired outcomes  Improve reception and accommodation capacity  Provide support services to asylum seekers and those granted asylum  Reduce the use of detention  Increase the numbers of resettled persons  Increase the solidarity efforts between Member States. Specific objective 2 - to support legal migration to the Member States including to contribute to the integration of third-country nationals - Supporting the development of policies promoting legal migration and the implementation of the relevant Union acquis including through the development of mobility schemes, cooperation with recruitment agencies and employment services of third countries and assistance to TCN with the acquisition of legal residence and family reunification - Supporting integration of TCN and preparing their active participation in the receiving society through tailored support and actions promoting equality in the access to public and private services - Strengthening the involvement of local and regional authorities and NGOs Current priorities or types of actions in the National Programme that could be continued under this specific objective  Continue the language and cultural integration activities to ensure rapid integration and prepare TCNs to join the labour market. Policy issues that should be addressed in the future under this specific objective linking to Annex VI of the AMF proposal Legal migration and integration  Integration measures – information and orientation, one stop shops: to bring rapid integration of TCNs on-line and multilingual information should be further developed  Integration measures – language training; to bring rapid integration of TCNs and enable TCNs to join the labour market further language training and specialised language training should be continued.  Integration measures – civics and other training: to bring rapid integration of TCNs and enable TCNs to join the labour market, civics and other training should be continued.  Integration measures – Introduction, participation, exchanges host society: to improve relations between local society and TCNs exchanges and joint activities should be continued.  Integration measures – basic needs: for persons granted international protection or asylum access to basic services and support services should be continued.  Pre-departure measures: To fill vacancies and skills shortages, information campaigns about EU migration schemes; availability of on-line information to third country nationals, including language learning opportunities should be developed  Mobility schemes: To fill skills shortages and encourage specialists to come to Estonia mobility schemes from 3rd countries can be developed, such as circular or temporary migration schemes, including training to enhance employability. 2  Trafficking in human beings: Ensure the realisation of the rights of third-country national victims of trafficking in human beings with regard to integration measures, taking into account particularly vulnerable groups, such as women and girls trafficked for sexual exploitation, ensuring access to appropriate assistance, support and protection to victims and their early identification Desired outcomes  improved processes for the integration of TCNs,  improved relations of TCNs and local society,  improved cooperation between various stakeholders in the field of TCNs integration  Improved skills and increased competence of specialists. Specific objective 3 - to contribute to countering irregular migration and ensuring effectiveness of return and readmission in third countries - Implementation of the relevant Union acquis by improving the efficiency and effectiveness of return procedures and detention conditions in Member States, including through developing alternatives to detention and prioritising voluntary return and reintegration - Strengthening cooperation with third countries on countering irregular migration and enabling sustainable return including through capacity building for readmission of their nationals Current priorities or types of actions in the National Programme that could be continued under this specific objective  Voluntary and forced return activities should be continued. Policy issues that should be addressed in the future under this specific objective linking to Annex VI of the AMF proposal Return  Alternatives to detention: To reduce the numbers of persons held in detention, alternatives should be developed.  Reception/detention conditions: Support adequate material detention conditions, in particular for vulnerable groups such as unaccompanied minors and families.  Return procedures: Reinforce an integrated and coordinated approach among all actors involved in return-related activities (e.g. law enforcement and immigration authorities, judicial authorities, detention authorities, guardianship systems, medical and social services) to ensure availability of swift and adequate multi-disciplinary responses.  Assisted voluntary return: Ensure continuity of operational assisted voluntary return (and reintegration) programmes AVR(R) to enhance voluntary returns, as well as providing counselling to illegally staying third-country nationals on such programmes (including in cooperation with national social or and other services); improve the process of disseminating information on voluntary return and assisted voluntary return programmes to illegally staying third-country nationals (e.g. in cooperation with national education, social and health services) and put in place targeted reintegration policies for unaccompanied minors.  Reintegration assistance: Put in place / strengthen targeted reintegration actions, in particular for unaccompanied minors; 3  Removal/Return operations: Ensure that return management systems are set up, operated, maintained and further developed in order to process all the necessary information about irregular migrants and returnees (management of individual cases as well as of any return- related procedure), in line with the RECAMAS model (developed by Frontex)  Forced-return monitoring system: To ensure that forced returns are carried out in compliance with the legislation in place a good level of monitoring is required.  Measures addressing incentives for irregular migration: Address more effectively the pull factor for irregular migration created by the employment in EU Member States of irregular migrants, in accordance with the Employer Sanctions Directive. While the Directive prohibits the employment of irregular migrants and provides for minimum standards to prevent, detect and sanction infringements to this prohibition, there is still a high possibility for illegally staying third country nationals of finding illegal work within the EU. The Communication on the Delivery of the European Agenda on Migration (COM(2017) 558 final), adopted by the Commission on 27 September 2017 stressed the need for the Commission to ensure full implementation of the Directive. Member States could therefore use funding to implement more efficiently the Directive’s requirements. This concerns in particular the obligation under Article 14 of the Directive to conduct effective and adequate inspections to control employment of illegally staying third-country nationals. Secondary priority: seek exchanges of best practices with other EU Member States on conducting information and awareness-raising activities aimed at preventing migrant smuggling and reducing irregular migration flows to the EU. Desired outcomes  The use of detention is reduced  Higher number of voluntary returns  More returns are completed  Continuity of legal and linguistic assistance to irregular migrants undergoing return procedures  Practical working arrangements between all actors involved in the return process, including asylum authorities, for the purpose of reducing the length of return procedures Other comments In view of ensuring optimal use of funding opportunities and complementarity of actions, when prioritising future activities under AMF return Member States are encouraged to take into account the support that can be provided by the EBCGA under its mandate on return. This includes: returns by scheduled or non-scheduled flights organised and supported by EBCGA, as well as return experts that the EBCGA may provide, i.e. forced-return experts, forced-return monitors and return specialist. 4 Synergies with other Funds Internal Security Fund Actions related to the protection of children in migration, fight against trafficking in human beings, protection of victims of trafficking, migrant smuggling and prevention and countering radicalisation could be financed under ISF. Border Management and Visa Instrument Actions related to the development of Eurodac system for border management purposes. Such fingerprinting identification system could also be used for the identification of a migrant’s status. Actions related to improving visa application processing could be combined with actions linked to promoting legal migration pathways. Cohesion Funds (ESF+, ERDF, etc) European Social Fund +: Similarly to the current programming period, both AMF and ESF+ will be able to support the integration of migrants and third-country nationals. AMF will support measures tailor-made to the needs of the third-country nationals, generally implemented in the early phases of integration. ESF+ will complement AMF for all measures related to mid- and long-term integration in particular the measures related to the employment and labour market integration of third-country nationals, provided they have access to the labour market. Under the investment priority on education, the ESF+ can also provide support to children who are third-country nationals right after their arrival (e.g. access to primary and secondary education, tackling early school leaving, etc.). Measures implemented under the ESF+ should aim at promoting socio-economic integration of third country nationals. They could include (but are not limited to):  Specific actions to increase participation of third-country nationals in the labour market  Measures to improve access of third country nationals to education and employment  Measures to promote the social integration of third-country nationals  Targeted measures for migrant women to promote labour market participation, including access to childcare and care for dependent persons  Targeted measures to newly arrived migrants and refugees  Promote the development of digital skills of third country nationals  Measures to support assessment of skills and validation of qualifications of third country nationals  Support to self-employment, social economy and social enterprises of third country nationals  Specific support to tackle youth unemployment of young third country nationals (aged 15-29)  Measures to combat early school leaving of young third country nationals  Support access to quality and non-segregated and inclusive early-childhood education and care  Support access to secondary, tertiary education and vocational training for third country nationals 5  Promote pathways to integration of third country nationals  Support access to community-based social and healthcare and long-term care services  Promote social integration of third country nationals who are at risk of poverty or social exclusion  In addition, ESF+ could also address material deprivation through basic material assistance food support coupled with accompanying measures (such as counselling, access to shelters and social workers, information of legal rights and obligations etc.) and social inclusion support for third-country nationals (e.g. through its proposed minimum 2% earmarking for the most deprived). European Regional Development Fund: ERDF will be able to support to actions in the field of migration management, including the protection of migrants. AMF is the main instrument to provide support for the reception of third-country nationals, however ERDF has a possibility to complement these actions, for example, by providing support for the (temporary) reception infrastructure, social housing or social infrastructure for migrants, refugees and persons under or applying for international protection. The above could be addressed under specific objective 4.iii Increasing the socioeconomic integration of marginalised communities, migrants and disadvantaged groups, through integrated measures including housing and social services. Measures implemented under the ERDF promoting the socio-economic integration of migrants could include (but are not limited to):  Housing infrastructure  Temporary reception infrastructure  Other social infrastructure contributing to social inclusion in the community  Health infrastructure Under the urban component of the ERDF, the instrument will support an integrated social development of urban areas, contributing to prevention and countering of radicalisation, as well as networking and cooperation between regional, local and other public authorities. External Instruments (NDICI and IPA) The external actions will continue to be implemented in complementarity to the NDICI and IPA that are and will remain the primary tools to support the external dimension of the Union’s migration and security policy. Member States through their national programmes are more adequate to promote and deliver on cooperation initiatives that complement and reinforce actions taken at the EU level. For example, when Member States have good bilateral relations with third countries, specific interests and expertise or networks in a given third country, or when the nature of a specific policy has a direct impact on the MS and might require bilateral cooperation. Neighbourhood, Development and International Cooperation Instrument (NDICI): NDICI will allow for making best use of geographic programmes, supplemented by the Global Challenges thematic programme and the rapid reaction response pillar. The measures supported aim at addressing all aspects of migration and forced displacement. In the area of migration, this includes for instance addressing root causes of irregular migration and forced displacement, strengthening capacities of partner countries to address irregular migration, fighting trafficking in human beings and smuggling of migrants, supporting sustainable reintegration of returning migrants, promoting 6 conditions for facilitating legal migration, and ensuring protection and development-based solutions for forcibly displaced persons and their host communities. AMF will continue to support resettlement and pre-departure measures by Member States facilitating legal migration, aimed at facilitating the integration of third-country nationals in the EU. In the area of return, it will support the implementation of readmission agreements with third countries and the short-term measures facilitating the reintegration of returnees from Europe, as well as actions preventing irregular migration (i.e. information campaigns, data collection and tracking of flows and routes, etc.). Instrument for Pre-Accession Assistance (IPA): The Instrument for Pre-Accession Assistance will support enlargement countries in preventing and tackling organised crime and corruption, and in strengthening their law enforcement and migration management capabilities, including border management. IPA can complement AMF as it will support cooperation on migration, ensuring access to international protection, sharing relevant information, strengthening the development benefits of migration and facilitating legal and labour migration. Other Funds Erasmus+: Erasmus+ has the leverage potential for actions to improve the education system and adapt it to the special needs of migrants. Long-term capacity building actions can usefully complement and develop the actions supported by AMF, focused mainly on early education and integration actions, especially in the reception phase. Peer learning events and other cooperation actions between relevant education and youth organisations and institutions will be mainly covered by Erasmus+. Rights and Values Programme: With the objective of preventing and combating inequalities and discrimination on grounds of racial or ethnic origin, religion or belief, the programme will contribute to social cohesion in the EU, including with regard to third country nationals. Actions to protect and promote the rights of the child will also contribute to the protection of migrant children. 7 Ref. Ares(2019)7896171 - 23/12/2019 Border Management and Visa Instrument (BMVI) Programming Fiche Estonia ANNEX I Future priorities Specific Objective 1 - Supporting effective European integrated border management at the external borders implemented by the European Border and Coast Guard as a shared responsibility of the European Border and Coast Guard Agency and of the national authorities responsible for border management, to facilitate legitimate border crossings, to prevent and detect illegal immigration and cross-border crime and to effectively manage migratory flows Please see below the suggested funding priorities under this specific objective Address and remedy all weaknesses and recommendations identified by the Vulnerability Assessments and Schengen Evaluations (Please see Annex II). Integrated Border Management (IBM) - In the area of Integrated Border Management, the Member States shall ensure consistency between the national programming documents of IBM and the national IBM strategy (Article 8 of EBCG 2.0) and the national capability development plan (Article 9) [current legal obligation enshrined in Art. 3(3) Reg. 1624/2016]. The latter shall clarify the articulation between the capabilities funded under national budget and those which will be supported by BMVI and when relevant by the EBCGA as part of the support to the deployment of the standing corps. Member States shall also ensure training in the field of European integrated border management. Actions aiming at the development of the national components of European Border and Coast Guard (EBCG) such as:  Actions supporting national efforts for setting up of the Standing Corps, especially as regards national information campaigns for mobilising officers from different national relevant authorities to be available to the Agency under Category 2, 3 and 4 of the standing corps and their subsequent training.  The further development of national components of EBCG could also involve the provision of harmonised training of border guards in accordance with the Common Core Curricula for Border Guards. The activities could also focus on developing the related training infrastructure that would allow provision of relevant training, especially of the more specialized ones that could address e.g. the integration and use of new technologies to ensure a modern and up to standard European Border and Coast Guard.  Member States should ensure consistency between the BMVI national programmes and national capability development plans which will be developed as part of the implementation of the new EBCG Regulation. FRONTEX is currently preparing the methodology and procedure for the establishment of the national capability development plans. When drafting the BMVI national programmes Member States are encouraged to liaise with the experts involved in capability development planning for IBM at national level. This process may result in different projects aiming at the common capacity-building or joint procurement between the Agency and Member States and/or between Member States.  Member States should also consider measures related to the implementation of updated Common Integrated Risk Analysis Model and the enhancement of the collection and exchange of data for the purpose of risks analysis as required in the EBCG 2.0 Regulation. This may include the general roll out of CIRAM, training programs as well as IT-solutions for Risk Analysis like Risk Analysis Applications for big data. In the view of this, establishment on automatized data collection on cross-border crime and other risk indicators to upload the data into a Frontex database with the view of achieving a near to real time and valid data collection could be considered. This area may also involve actions aiming at the enhancement of reporting mechanisms on cross-border crime, FTFs and hybrid threats as well as the establishment of remote stations for the communication network to feed to the Agency’s databases. EUROSUR - The EBCG2.0 will have a very big impact on EUROSUR since the EUROSUR Regulation has been encompassed into the EBCG2.0 Regulation and the scope of EUROSUR will considerably evolve to cover all aspects related to information exchange. That will require several adaptations by the Member States, in addition to the expanded activities to be also supported. Through the National programme support should also be provided to concrete technical priorities such as investments in physical infrastructure, investments in operating and IT equipment, ,implementation of new software solution in NCC premises and installation of a communication link between the NCC and local and regional coordination centres and BCPs, as well as the development of cooperation and information exchange for the reception and analysis of aggregated data from large-scale information systems. Interoperability package and development of large-scale IT systems , notably: - Entry-exit System (EES): Priorities are the responsibilities derived from Articles 38 and 39 of Regulation (EU) 2017/2226 and the bearing of costs as established in Article 64. The MS is expected to integrate its existing national border infrastructure and to connect it to the NUI (National Uniform Interface), which will be provided by eu-LISA. It must organise, manage, operate and maintain its existing national border infrastructure and connect it to EES. Furthermore, it has to organise Central Access Points and their connection to the NUI for the purpose of law enforcement. Moreover, it has to manage and arrange the access by the duly authorised staff and by the duly empowered staff of their competent authorities to EES. - European Travel Information and Authorisation System (ETIAS): Priorities are established taking into account the responsibilities derived from Article 76 of Reg (EU) 2018/1240 and the bearing of costs as established by Article 85. The MS is expected to connect to the NUI (National Uniform Interface), which will be provided by eu-LISA; organise, manage, operate and maintain its ETIAS National Unit for the manual processing of applications for travel authorisation where the automated processing has reported a hit and to set up and operate this National Unit; organise Central Access Points and their connection to this NUI for the purpose of preventing, detecting and investigating terrorist or other serious criminal offences; manage and arrange the access of duly authorised staff of the competent national authorities to the ETIAS information system in accordance with the ETIAS Regulation and to establish and regularly update a list of such staff and their profiles; enter data into the ETIAS watchlist related to terrorist offences or other serious criminal offences; ensure that each of its authorities entitled to access the ETIAS information system takes the measures necessary to comply with the ETIAS Regulation, including fundamental rights and data security. - Schengen Information System (SISII): By 28 December 2021, the new SIS Regulations (see ‘legal base’ below) will be applicable in their entirety and the existing legal framework will be repealed. By that date, the MS shall take all the necessary steps in order to adapt all national procedures to the implementation of all the changes introduced by the new legislation. The Schengen Information System Automatic Fingerprint Identification System (AFIS) is expected to be rolled-out in all Member States by the end of 2020. By the end of 2021, the new SIS AFIS should also be able to store latent marks and palm prints. Once AFIS is fully rolled-out, the European Commission plans to start the development of the so-called Automatic Biometrics Identification System (ABIS) allowing the identification of persons on the basis of their facial image stored in SIS. During this time framework, SIS will have to be included into the interoperability network. In this context, from 2021 onwards, the biometric matching systems within SIS will need to be integrated into the shared Biometric Matching Service (sBMS). In addition, SIS will need to be connected to the interoperability components. Procedures will need to be established concerning the tasks of the SIRENE Bureaux related to the verification of multiple identities. - Interoperability: Design and develop the technical components: a European search portal, a shared biometric matching service, a common identity repository, a multiple- identity detector. The MS should undertake all the necessary preparations to ensure that it will have the means in place to use these components to access EU information systems as soon as they go live. This is of utmost importance, considering also that any delays from a MS might have an impact on the project at the global level. As regards the interoperability package and the development of large-scale IT systems, due attention must be paid to ensuring effective coordination between different national agencies and other relevant stakeholders (e.g. international and domestic carriers), and allocation of adequate human and financial resources, as well as a timely execution of procurement and other administrative procedures. The MS needs to adjust its workflows and requirement for providing specific training programmes, as the proper implementation of the IT systems alone is not enough to ensure the success of the new information architecture of the EU. Also, governance structures need to be in place, national implementation programmes adopted and working procedures changed. Other priorities Border checks, Border surveillance - Technical and operational measures within the Schengen area which are related to border control. Adapt overall capacity (including adequate staff) to ensure adequate border checks, including systematic checks against SIS and other relevant databases at the borders. Joint deployments and actions supporting Immigration Liaison Officers in third countries: Use funding to strengthen network, in particular through deployment of joint liaison officers (including the sub-type of document verification officers to help visa issuance process and avoid visa fraud). Increase national capacities to detect document fraud. When prioritising future activities under BMVI in order to improve capacities to detect document fraud, Member States are encouraged to take into account the support that can be provided by the HOME Agencies (e.g. EBCGA, CEPOL, EUROPOL, etc.) under their mandate, in particular through trainings. Increase the capacity of border control authorities to collaborate with investigative authorities on migrant smuggling cases, and to collect information (through debriefing activities) at the border in support of investigations on migrant smuggling cases. Address language barriers, by increasing the number of interpreters for the support to investigative activities related to migrant smuggling. Situational awareness and exchange of information, risk analysis - Develop risk analysis at central level and conduct tailored risk analysis. Processing of data and information. Inter-agency cooperation (national level). Test, validate and exploit the outcome of Union-funded security research projects in developing and procuring state of the art tools and instruments for Border Guards, in particular where such deployment has been identified by the EBCGA as contributing to the development of operational capabilities of the EBCG. External dimension - Cooperation with third countries on border control activities (including EUROSUR and search and rescue activities in the framework of border surveillance activities), capacity building (trainings, language courses, exchange of best practices), interoperability of communication and IT systems, exchange of information in real time, and joint operations. Specific Objective 2 - Supporting the common visa policy to facilitate legitimate travel and prevent migratory and security risks Please see below the suggested funding priorities under this specific objective Implementation of Schengen evaluation recommendations in the field of the common visa policy. Improving visa application processing. Training of consular staff to ensure harmonised application of the Visa Code, the VIS Regulation and other legislation, to the extent that it affects the visa procedure. Reinforcement of staff resources dedicated to examining visa applications, especially in locations where waiting or processing times exceed the permitted maxima. Consular cooperation between MS through co-location/joint use of infrastructure, in particular in locations where such cooperation enhances consular presence. Ensuring consular presence or representation in all visa-required third countries worldwide, particularly in locations where no Member State is present. (including opening a visa section in German embassy in Freetown, Sierra Leone, where currently no MS is present) Large-scale IT systems - Visa Information System (VIS): IT system modifications and upgrades to implement the revised VIS Regulation and other legislation such as the EES Regulation, to the extent that it affects the visa procedure. Digitalisation of the visa policy: pilot projects (e.g. online applications) in coordination with the Commission; implementation of legislative changes (e.g. digital visa) if adopted before the end of the MFF (2027). Document security / document advisors: Document experts / advisors on document fraud in critical locations, especially when expertise is shared between all MS through Local Schengen Cooperation. Enhancing the efficiency, client-friendly environment and security at consulates: to the extent that deficiencies exist in individual consulates. ANNEX II Recommendations identified by the Vulnerability Assessments and Schengen Evaluations as regards Specific Objective 1 (Border Management) Vulnerability Assessment recommendations Due to the restricted nature of the Vulnerability Assessment and the relevant recommendations, please note that all information necessary for the identification of the exact Vulnerability Assessment recommendations’ are provided for according to the below details. The European Border and Coast Guard Agency (Frontex) indicated two elements for identification: • the Measure ID (indicating the given Member State or Schengen Associated Country and the number of the recommendation as it was indicated in the letters sent by the EBCGA’s Executive Director to the Member States), and • the source of the recommendation (reflecting the type of assessment, being Baseline Assessment (BA), Emerging Threat Assessment (ETA) or Simulation Exercise (SE) and the year when the assessment was carried out). For the purposes to access these Vulnerability Assessment recommendations we suggest you to contact your colleagues in your national administration. Vulnerability Assessments (2017-2019) Measure ID Source EE 005 BA 2018 EE 002 BA 2018 EE 004 BA 2018 EE 006 SE 18 ANNEX III Synergies with other Funds Asylum and Migration Fund Actions related to the development of Eurodac system could be financed under AMF, for example when the fingerprinting identification system could be used for the identification of a migrant’s status. Actions related to improving visa application processing could be combined with actions linked to promoting legal migration pathways. Internal Security Fund Synergies between the BMVI and the ISF exist in relation to border surveillance systems which can contribute to security purposes, fighting migrant smuggling and trafficking in human beings and fighting serious and organised crime. Customs Control Equipment Instrument (CCEI) Most customs control equipment may be equally or incidentally fit for controls of compliance with other legislation, such as provisions on border management, visa or police cooperation. That is why it is important to establish synergies between the CCEI and the BMVI, to ensure that authorities responsible for border management and customs control have the necessary equipment and expertise at their disposal and that they work together in a seamless manner. The Customs Control Equipment Instrument will finance equipment for the control of goods as the main purpose. An indicative list is included in Annex I of the CCEI Regulation, and includes scanners and automated plate recognition systems. It excludes IT, infrastructure and means of transport that will be financed by other means. The custom control equipment financed under CCEI can be used both for controls of goods and for controls of persons, thus setting up the conditions for synergies and economies of scale between the various departments in charge of the control of goods and persons at the external border is important. The Border Management and Visa Instrument will instead finance operating equipment, including means of transport, document scanners, fingerprinting devices, IT equipment and communication systems required for effective and secure border control (checks on persons). Actions having as the main purpose to control goods will not be eligible under the Border Management and Visa Instrument. However, BMVI will allow the use of operating equipment, including means of transport, and infrastructure for dual use (border management and customs control) provided that the main scope of use is integrated border management. COHESION FUNDS (ESF+, ERDF, ETC.) European Regional Development Fund (ERDF): ERDF through its Interreg programme, will be able to support a safer and more secure Europe, in particular by providing support to actions in the field of border crossing management and mobility and migration management, including the protection of migrants. European Social Fund (ESF+): Under its specific objective Improving the quality, effectiveness and labour market relevance of education and training systems, to support acquisition of key competences including digital skills, ESF+ could support activities aiming at the development of digital skills of border guards. European Maritime and Fisheries Fund (EMFF): National authorities carrying out coast guard functions are responsible for a wide range of tasks, which may include maritime safety, security, search and rescue, border control, fisheries control, customs control, general law enforcement and environmental protection. The broad scope of coast guard functions brings them under the remit of different Union policies, which should seek synergies to achieve more effective and efficient results. In addition to the Union cooperation on coast guard functions through the European Border and Coast Guard Agency, the European Maritime Safety Agency and the European Fisheries Control Agency, improved coherence of the activities in the maritime domain should also be achieved at national level. Synergies between the various actors in the maritime environment should be in line with European integrated border management and maritime security strategies. To strengthen the complementarity and to reinforce the consistency of maritime activities, as well as to avoid duplication of efforts and to alleviate budgetary constraints in an area of costly activities such as the maritime domain, the Border Management and Visa Instrument will support maritime operations of multipurpose character where the main objective is border surveillance but other objectives could additionally be pursued simultaneously. This mostly relates to multipurpose equipment purchased with the support of the BMVI (vessels, aircraft, etc.) that could also be used for other actions in the maritime domain. EXTERNAL INSTRUMENTS (NDICI AND IPA) The external actions will continue to be implemented in complementarity to the NDICI and IPA that are and will remain the primary tools to support the external dimension of the Union’s migration and security policy. Member States through their national programmes are more adequate to promote and deliver on cooperation initiatives that complement and reinforce actions taken at the EU level. For example, when Member States have good bilateral relations with third countries, specific interests and expertise or networks in a given third country, or when the nature of a specific policy has a direct impact on the MS and might require bilateral cooperation. Neighbourhood, Development and International Cooperation Instrument (NDICI): NDICI will allow for making best use of geographic programmes, supplemented by the Global Challenges thematic programme and the rapid reaction response pillar. The measures supported aim at addressing all aspects of migration and forced displacement. This includes stepping up cooperation on integrated border management such structural support to setting up Integrated Border Management (IBM) systems and capacity building activities in third countries as part of wider state building exercise/policy development cross-border cooperation, pursuing efforts in the fight against irregular migration. The Border Management and Visa Instrument will continue to support the sharing of information and best practices with third countries, improving operational cooperation, including through joint operations, immigration liaison officers, support capacity building of third countries to protect their borders through training and the purchase of equipment as well as other operational necessities. Instrument for Pre-Accession Assistance (IPA): The Instrument for Pre-Accession Assistance will support enlargement countries in preventing and tackling organised crime and corruption and in strengthening their law enforcement and migration management capabilities, including border management. It will support cooperation on migration, including border management, ensuring access to international protection, sharing relevant information, strengthening the development benefits of migration, facilitating legal and labour migration, enhancing border control and pursuing our effort in the fight against irregular migration, trafficking in human beings and migrant smuggling. OTHER FUNDS Testing, validating and exploiting the outcome of Union-funded (in the framework of past and current Framework Programmes for Research and Innovation) security research projects in developing and procuring state of the art tools and instruments for Border Guards, in particular where such deployment has been identified by the European Border and Coast Guard Agency as contributing to the development of operational capabilities of the European Border and Coast Guard. Ref. Ares(2019)7896171 - 23/12/2019 Programming Fiche ESTONIA Internal Security Fund (ISF) Future priorities Specific objective 1 - to increase the exchange of information among and within the Union law enforcement and other competent authorities and other relevant Union bodies as well as with third countries and international organisations Current priorities or types of actions in the National Programme that could be continued under this specific objective The current actions that increase the interoperability of IT systems and linking of different services and information for law enforcement agencies should continue. - Information exchange - Police/border guards or interagency cooperation (customs, intelligence services) - Training - IT-systems, interoperability, data quality, communication systems - Networks, centres of excellence, cooperation structures, joint actions and operations Policy issues (in priority order) that should be addressed in the future under this specific objective Money laundering is a major current issue in Estonia, it is being tackled by changing the banking laws (more detailed reporting by banks, etc.) Preventing money laundering has become a priority for Estonia against the background of large money- laundering scandals. Estonia has strengthened its anti-money laundering framework and the proportion of non-resident deposits in the Estonian banking sector has significantly decreased. However, challenges remain. While the Estonian government introduced additional measures and guidelines on how to further strengthen the prevention in this area, a legislative initiative aiming at increasing the capacities of the anti- money laundering supervision has not yet been adopted by the Estonian Parliament. Attention should be paid to the effective implementation of these measures, once adopted. Information Systems  Ensure the full and uniform implementation of the Union acquis on security supporting information exchange, for example on Prüm, PNR, SIS II (police) or in relation to Europol data, including through the implementation of recommendations made to Member States stemming from the Schengen evaluations on police cooperation, and the resulting action plans from Member States.  Set up and adapt national IT systems or devices in order to ensure the effective connection to security relevant Union information systems and communication networks, including their interoperability.  Acquire, adjust or develop appropriate tools to address identified gaps in the EU information architecture; for instance with the objective of extending the access to Europol’s secure operational network to all relevant competent authorities at the confidentiality level required by the nature of the cooperation, and enhancing connectivity infrastructure so that Europol products and services SIENA, EIS, QUEST could be rolled out beyond Europol National 1 Units, in particular to PCCCs (Police Customs Cooperation Centres), AROs and PIUs;  Set up and adapt the relevant IT system to address relevant and future Union priorities (for example: single window approach for the collection of API and PNR data, adoption of artificial intelligence tools for the processing of PNR, development of communication networks for the exchange of PNR at EU level and the interoperability with and connection to the various European (and international) systems and databases relevant for the processing of PNR).  Create a UMF-based workflow interface with national processing systems to allow automated information exchange and follow up to hits and making UMF as the European standard for data exchanges;  Introduce/update EIS Data Loaders, incl. New Generation Data Loaders (based on UMF, with a possibility of providing data also for analysis);  QUEST integration with national single search system with a view to facilitating access/searching Europol data, including the forthcoming pilot project on QUEST+ and automation of searching (QUEST) and hit-follow up processes (SIENA web service);  Upgrade to SIENA CONFIDENTIAL especially (but not only) for CT Units;  Support SIENA web service integration with national case management/messaging systems and in particular the integration into 24/7 SPOC where also SIRENE bureaux and INTERPOL NCB reside;  Implement and upgrade the law enforcement access to European Search Portal (ESP) and the large-scale European Information Systems (SIS, VIS, Eurodac, EES, ETIAS, ECRIS-TCN), noting that it will possible to make QUEST+ available via ESP (according to Interoperability Regulation);  Upgrade MS’ capabilities for Identity & Access Management, especially since Europol provides multi-level security (BPL, EU-REST and EU-CONF). Cybercrime  Develop capabilities to deal with encrypted evidence through the development and sharing of solutions and good practices through participation in Europol’s network of points of encryption expertise1.  Foster the involvement of law enforcement in 5G standardization bodies and develop close cooperation between law enforcement and relevant technology providers/telecommunication operators, to enable timely implementation of lawful interception mechanisms in 5G networks.  Ensure that systems are in place to gather statistical data on reporting, investigative and judicial phases of cybercrime, in conformity with Article 18 of Directive (EU) 2019/713 and Article 14 of Directive 2013/40/EU.  Ensure that the necessary laws, regulations and administrative provisions are in force to comply with Directive 2013/40/EU on attacks against information systems.  Ensure that the necessary laws, administrative provisions and technical processes are in place to allow for an effective fight against child sexual abuse. In particular, the necessary measures must be in place to enable the transmission of information concerning the existence of criminal convictions for any offences referred to in Articles 3-7 of the Directive 2011/93/EU on combating child sexual abuse and sexual exploitation, or of any disqualification from exercising activities involving regular and direct contact with children arising from such criminal convictions. The transmission must be carried out in accordance with the procedures set out in the Council Framework Decision 2009/315/JHA on the organisation and content of the exchange of information extracted from the criminal record between Member States when 1 Page 9 of https://ec.europa.eu/home-affairs/sites/homeaffairs/files/what-we-do/policies/european-agenda- security/20171018_eleventh_progress_report_towards_an_effective_and_genuine_security_union_en.pdf 2 requested under Article 6 of that Framework Decision with the consent of the person concerned. Organised Crime  Ensure the full implementation of Directive 2019/1153 on law enforcement access to financial information to combat serious crimes. Pursuant to the Directive, Estonia has to provide the designated national competent authorities and the Asset Recovery Office with direct access to the centralised bank account registry by 1 August 2021. At present, there is no operational registry or system in Estonia.  Strengthen the operational capacity of the national Asset Recovery Offices, in particular by providing them with direct access to the relevant national databases.  Improve the operational capacity to manage frozen and confiscated assets by, for example, setting up an Asset Management Office, or by strengthening the capabilities of the existing Asset Management Office, or equivalent mechanism.  Set up or strengthen national databases for the registration of frozen assets Anti-Corruption  Facilitate and streamline the flow of information between institutional actors in Member States in order to facilitate the detection and investigation of complex corruption and economic crime cases.  Provide access to all relevant public registries and databases to law enforcement authorities in charge of anticorruption to allow a speedier treatment of corruption cases. Firearms  Support the establishment of a national focal point on firearms to produce better analysis of all information available in the area of illicit firearms, ensure full participation in the exchange of information with Europol in the area of firearms trafficking, act as a repository for firearms- related intelligence both criminal and ballistic, and as a repository for all lost, stolen and recovered firearms.  Increase cooperation in the fight against the threat of (imported) gas and alarm, and blank- firing weapons converted into firearms. Migrant smuggling  Ensure resources to further make use of opportunities offered by EU Agencies and partners participating in the EMPACT Policy Cycle Suggestions for desired outcomes  A more effective exchange of information between relevant authorities on anti-corruption issues, resulting in more cases investigated and prosecuted.  Ensure the uniform application of the Union acquis on security supporting information exchange for example via Prüm, EU PNR and SIS II, including through the implementation of recommendations from quality control and evaluation mechanisms such as the Schengen evaluation mechanism and other quality control and evaluation mechanisms  Increase the number of active users of EU and where relevant national security relevant information exchange tools, systems and databases added with support from the Fund, as compared to number of total users.  Provide the competent authorities with swifter access to financial and other relevant information and, hence, improve the effectiveness of financial investigations into serious crimes, including money laundering.  Address, if applicable, as a result of the European Semester, those country-specific 3 recommendations (CSRs) which concern key security policy priorities, in particular the fight against corruption and money laundering. Specific objective 2 - to intensify cross-border joint operations among and within the Union law enforcement and other competent authorities in relation to serious and organised crime with a cross-border dimension Current priorities or types of actions in the National Programme that could be continued under this specific objective - Police or interagency cooperation (customs, border guards, intelligence services) - Operational projects for preventing and combatting organised crime / cybercrime - Training Policy issues (in priority order) that should be addressed in the future under this specific objective Law Enforcement Cooperation - Increase law enforcement (joint) trainings, exercises, mutual learning, specialised exchange programmes and sharing of best practice including in and with third countries and other relevant actors, in cooperation with CEPOL and in line with the Strategic Training Needs Analysis when applicable. - Facilitate and improve the use of joint investigation teams, joint patrols, joint operations, hot pursuits, discreet surveillance, etc. and other operational cooperation mechanisms in the context of the EU Policy Cycle (EMPACT), with special emphasis on cross-border operations - Develop joint threat/risk analyses to better target joint operations or patrols, and the deployment of technologies such as ANPR, UAVs or mobile communication devices - Develop training and awareness raising activities in order to enhance the capabilities of the personnel working in Passenger Information Units responsible for the processing of PNR data to conduct joint analysis and joint targeting activities - Consider a more systematic collection of statistics of hot pursuits and cross-border surveillance with a view to establishing a better overview about its operational cross-border police cooperation requirements (SCHEVAL recommendation) Child sexual abuse - Enable efficient cross-border cooperation in the fight against child sexual abuse, including in investigations and the exchange of best practices. Cross-border cooperation should also be enabled at a global level, in coherence with Member States’ commitments as part of the We Protect Global Alliance to End Child Sexual Exploitation Online. Encryption - Ensure that the network of points of expertise, bringing together experts from all EU Member States, continues to be strengthened through regular participation, contribution, collaboration, and sharing of solutions and good practices to help practitioners overcome the challenges posed by encryption during the course of criminal investigations2. 2 Page 9 of https://ec.europa.eu/home-affairs/sites/homeaffairs/files/what-we-do/policies/european-agenda- security/20171018_eleventh_progress_report_towards_an_effective_and_genuine_security_union_en.pdf 4 J-CAT - Support the existing participation, or establishing temporary or permanent participation in the Joint Cybercrime Action Taskforce, through the secondment of dedicated cybercrime liaisons officers at Europol Fraud and counterfeiting of non-cash means of payment - Create/reinforce dedicated points of contact for fraud and counterfeiting of non-cash means of payment, with a view to preparing the implementation of Article 14(1) of Directive (EU) 2019/713 Organised Crime - Increase coordination and cooperation of law enforcement authorities and other competent authorities dealing with organised crime, for example through networks of specialised national units - Provide financing for operational support in complex high profile investigations requiring highly specialised criminal expertise, in particular support to Member States’ participation in Operational Task Forces (OTF) to identify High Value Targets (HVT) posing the highest risk to the internal security of the EU - Increase exchange on EU crime statistics in harmonised manner with a possibility to create EU CRIM statistic date base (database on a number of phenomena could help us to define the threats and risks better) - Extend assistance to state-of-the-art forensic expertise, for example deployment of digital forensic tactical advisers; large-scale technically demanding support on the ground; network acquisition/cloud forensics/live forensics, etc. Trafficking in human beings - Focus on preventing trafficking in human beings, by countering the impunity that fosters the crime, enhancing national and transnational efforts to step up investigations, prosecution and convictions of all perpetrators. Anti-Corruption - Facilitate operational cooperation and coordination among law enforcement authorities and other relevant authorities in and among the EU Member States and with relevant agencies and third country authorities for a more effective investigation of cross border corruption cases - Facilitate information exchange and training on best practices in investigating cross-border corruption cases Drugs - Enhance operational cooperation between EU Member States and with EUROPOL and the EMCDDA to disrupt the illicit drugs markets. This should take into account that fentanyl and fentanyl analogues have emerged as significant threats on European drug markets, with the Baltic countries playing a key role in this. Fentanyl and fentanyl analogues are trafficked to the EU from Russia, supplying local markets in the Baltic States, and from China to consumers across the EU. Previously restricted to Estonia, there have been several localised outbreaks of fentanyl use in the EU resulting in a number of lethal overdoses in Member States. - Focus on the current trends – including notably technological developments and the spread of synthetic opioids, including fentanils - Improve monitoring and operational resources in cooperation with EUROPOL and the EMCDDA against drug trafficking and distribution using online platforms such as social media, websites, Darknet markets, including developing new responses to tackle the threat 5 posed by trafficking through postal and parcel deliveries, including through informal parcel delivery entities - Better respond to a globalised drug market by strengthening partnerships between Member States’ authorities, international organisations, third countries and with industry, as well as operational actions identified under EU dialogues on drugs with third countries. - Contribute to a measurable reduction of the demand for drugs on what concerns prevention Firearms - Enhance operational cooperation to fight against firearms trafficking along firearms trafficking routes, notably by strengthening the operational cooperation among law enforcement authorities and improving knowledge, detection, investigation and prosecution in using dedicated investigative tools, in particular in relation to priority regions/countries for Estonia, which are likely to pose a threat to the EU’s security and most likely to benefit from EU action. Migrant smuggling - Ensure resources to allow efficient cooperation between EU MS LEAs and Third Countries LEAs, including through JITs/COPs - Establish list of trusted interpreters and translators at national/regional level to support investigative and judicial follow-up of cross-border crimes Suggestions for desired outcomes - An increased number of cross-border operations in the area of corruption, resulting in the long run in a decrease of the cross-border criminality related to corruption. - Increase the number of joint operational actions supported by the Fund, including the participating Member States and authorities in relation to serious and organised crime with a cross-border dimension - Increase the number of victims of crime assisted with the support of the Fund in relation to serious and organised crime with a cross-border dimension - Address, if applicable, as a result of the European Semester, those country-specific recommendations (CSRs) which concern key security policy priorities, in particular the fight against corruption and money laundering. Specific objective 3 - to support effort at strengthening the capabilities in relation to combatting and preventing crime including terrorism in particular through increased cooperation between public authorities, civil society and private partners across the Member States Current priorities or types of actions in the National Programme that could be continued under this specific objective - Information exchange - Police or interagency cooperation (customs, border guards, intelligence services) - Training - Exchange of best practices, workshops, conferences, events, awareness raising campaigns, communication activities - Development of technology / forensics techniques - Protection and resilience of public spaces and other soft targets - Protection and resilience of critical infrastructure - Crisis management 6 Policy issues (in priority order) that should be addressed in the future under this specific objective Law Enforcement Cooperation / Training - To increase law enforcement (joint) trainings, exercises, mutual learning, specialised exchange programmes and sharing of best practice including in and with third countries and other relevant actors, in cooperation with CEPOL and in line with the Strategic Training Needs Analysis when applicable. - To increase training, exchange of best practices (including the Unions agencies, such as CEPOL and Europol, as well as air carriers’ industry and other relevant actors) on the development of PNR systems and the exchange of PNR data. - To focus training projects on the following policy priorities under each crime area: open source intelligence, data collection, analysis and application; financial investigations, money flows, alternative banking, etc.; elements of cyber-investigations, darknet and e-evidence; document fraud; fundamental and human rights; crime prevention; respective areas of forensics; links between different crime areas; and English language, specific professional terminology. - To support the development of CEPOL National Units with adequate resources to ensure Law Enforcement training reaches all relevant Law Enforcement bodies. - To exploit synergies by pooling resources and knowledge among Member States and other relevant actors, including civil society through, for instance, the creation of joint centres of excellence, the development of joint risk assessments, or common operational support centres for jointly conducted operations. - To increase analytical capacities especially from mobile devices (UFED). - Ensure adequate multidisciplinary counter-crime structures to deal with increasing poly- criminal organised crime groups often posing a mafia style threat. This multidisciplinary nature should also go beyond solely law enforcement aspects to include cooperation with the private sector, third countries and be carried forward along the whole penal chain. The multidisciplinary approach should also be reflected in the provision of resources to guarantee timely data collection on criminal justice statistics collected by Eurostat (e.g. migrant smuggling), including cross-cutting collection from various authorities such as police, prosecution, courts, prisons Prevention of radicalisation  Countering online extremist and terrorist propaganda: Strengthen capabilities to detect and refer terrorist content and coordinate with Europol; support the development of alternative and counter narratives as well as strategic communications capabilities.  Local and multi-agency approach: Support to local and regional administrations and initiatives, in particular to develop local prevent strategies, action plans, collaborations among relevant stakeholders (including civil society actors and communities) and other capacity building actions (e.g. by offering training and consultancy).  Ideology and polarization: Work with communities (training and civic education for religious leaders,…), support local authorities to develop an action plan for dealing with presence of local extremist groups, support information and awareness raising campaigns on how to report hate speech and threats online and in local communities, encourage dialogue with media on a common understanding of responsible reporting on extremist violence and extremist groups.  Addressing the issue of polarisation between communities (resilience, early prevention, democratic values, rule of law etc.) as well as on line resilience and programmes to counter on line misinformation (counter narratives).  Addressing the issue of the right wing extremism (resilience, early prevention and promotion of democratic values). 7 Protection of citizens and infrastructure  Protection of public spaces. The actions could cover: enhanced public-private cooperation; enhanced protection against threats posed by Unmanned Aerial Vehicles and other emerging threats; acquisition and use of detection equipment, including mobile, regarding chemical, biological, radiological, nuclear and explosives (CBRN-E) threats.  CBRN-E: The actions could include 1) effective implementation and enforcement of the new Explosives precursors Regulation, including online mystery shopping; different tools to raise awareness in the supply chain of the obligations of the Regulation and evaluate their effectiveness; 2) pooling of resources and knowledge among Member States, sharing of good practices, and conducting trainings and exercises 3) measures to enhance the security of radioactive sources, including upgrade in physical protection and awareness raising activities.  Addressing insider threat: The actions could include: background checks (in particular in aviation, but also in relation to protection of major public events and for personnel with access to CBRN materials).  Critical Infrastructure Protection: The action could include 1) analysis of interdependencies, vulnerabilities and possible cascading effects on critical infrastructure networks, possibly in conjunction with neighbouring Member States. 2) Measures to improve cooperation and support to critical infrastructure operators, e.g. establishing mechanisms for regular dialogue between authorities and operators, facilitating the exchange of threat and incident information, providing training to operators’ security staff, disseminating guidance or best practice on security standards, establishing common criteria for risk assessments, or conducting exercises to test critical infrastructure protection and resilience. 3) A review of the state of play and future trends in application of the Directive 2008/114 on European Critical Infrastructures (ECI) and especially of the part on identification of ECIs. Combating terrorist financing - Strengthen capabilities in relation to counter-terrorism financial investigations, improve capabilities to conduct financial investigations into cryptocurrencies or other virtual assets Drugs - Reduce vulnerabilities at borders by enhancing risk analysis and profiling, intelligence sharing and implementation of proven approaches at ports, airports and land crossing points - Enhance forensic capacity at national level to determine and address the threats posed by innovations in drug production and trafficking methods Encryption - Support LE officers to allow their participation in the training courses developed by European Cybercrime Training and Education Group and (in most cases) delivered by CEPOL Cybercrime - Support LE officers to allow their participation in the training courses developed by ECTEG (European Cybercrime Training and Education Group) and (in most cases) delivered by CEPOL including the CEPOL Cybercrime Academy - Reinforce/develop training programmes based on competencies described in the EU Training Competencies Framework and on the training priorities identified in the CEPOL Operational Training Needs Analysis (OTNA) on Cybercrime. Use of available materials (e.g. ECTEG courses) is recommended. - Cyber-crime centre of excellence - Ensure/develop/improve platforms for online reporting of crimes committed online, especially with regard to fraud and counterfeiting of non-cash means of payment - Develop/set up entities able to assist victims of cybercrime and online fraud, especially with regard to identity theft, with a view to preparing the implementation of Directive (EU) 8 2019/713 - Enable the development and implementation of measures to prevent the sexual abuse and sexual exploitation of children, including through public-private partnerships and cooperation with civil society and academia. Of particular relevance are prevention programmes to prevent recidivism and programmes for persons who fear that they might sexually offend against children, and, in general, the measures referred to in Articles 21 to 24 of Directive 2011/93/EU on combatting child sexual abuse and sexual exploitation. Organised Crime - Strengthen capabilities in investigating organised crime with a focus on High Value Targets - Increase application of administrative approach to tackle serious and organised crime and provide for legal framework to allow for better exchange of administrative information across borders - Strengthen capacities to develop and make use of special investigative techniques relevant to the fight against organised crime. Anti-Corruption - Improve the management of the human resources in law enforcement agencies (transparency in recruitment procedures, including for top management positions, rotation of staff in sensitive posts, unification of ethics rules in a single code, “revolving doors” rules to prevent conflict of interest, etc). - Implement the national anti-corruption strategy (2013-20120) and the related Action plan - Enhance the capacity of the national authorities via training, specialised exchange programmes and sharing of good practices with a view to achieving a better prevention, detection and repression of corruption in the public and private sector - Support civil society actions in the area of preventing and detecting corruption - Facilitate improvement of national statistical data collections on the treatment of corruption cases in the criminal justice system in Member States Trafficking in Human Beings (THB)  The priorities related to the fight against THB include: preventing that trafficking in human beings happens; addressing the culture of impunity via national and transnational efforts to increase investigations, prosecution and convictions of traffickers; victims of trafficking in human beings should be treated as rights holders to effectively exercise their rights when it comes to their assistance, support and protection. For this their early identification is important. Migrant smuggling  Ensure adequate multidisciplinary counter-crime structures to deal with increasing poly- criminal organised crime groups often posing a mafia style threat. This multidisciplinary nature should also go beyond solely law enforcement aspects to include cooperation with the private sector, third countries and be carried forward along the whole penal chain.  Assign the necessary resources at national level (e.g. specialised units) in order to enhance smooth cross-border cooperation with counterparts in other Union Member States  Enhance cooperation with the private sector in the prevention and follow-up to cross-border crimes e.g. financial sector, social media outlet, courier service providers, information sharing with haulage sector / carriers, etc  This should also be reflected in the provision of resources to ensure timely data collection on criminal justice statistics collected by Eurostat (e.g. migrant smuggling) – includes cross- cutting collection from various authorities such as police, prosecution, courts, prisons.  Increase national capacities to detect document fraud (in particular at the air border). 9  Vulnerabilities identified in the two latest cycles of vulnerability assessments carried out by the EBCGA require a focus on ensuring availability of sufficient number of appropriately trained staff (document experts), appropriate technical equipment to detect sophisticated document fraud and forensic expertise.  Training activities in the area of migrant smuggling at national level for law enforcement and judiciary (including related to documentary fraud, financial and online investigations and cooperation with third countries). Through the CEPOL Strategic Training Needs Analysis, Member States identified training related to the Facilitation of Illegal Immigration as the highest priority out of 21 criminal areas. This combined with the more specific Training Needs Analysis focusing specifically on cross-border cooperation to address migrant smuggling, pointed to the following training priorities at national level focusing on law enforcement and judicial officials to: o Enhance English foreign language skills to allow cross-border cooperation, which is to be supplemented at European level by specific professional terminology training activities o Knowledge of opportunities working with non-EU countries o Awareness of the role of social media in migrant smuggling and the relevant procedures (take-down request of pages, or their preservation for investigative purposes). Security Research  Developing innovative methods or deploying new technologies in close cooperation with the European Network of Law Enforcement Technology Services (ENLETS): testing, validating and exploiting the outcome of Union funded security research projects in developing and procuring state of the art tools and instruments for LEAs Suggestions for desired outcomes - A more effective prevention and repression of corruption by implementing the actions foreseen in the national anti-corruption strategy and the related action plan and by improving the human resources policy for the law enforcement agencies. - Increase the number of law enforcement officials that completed training, exercises, mutual learning or specialised exchange programmes on cross-border counter terrorism provided with the support of the Fund - In Critical Infrastructure Protection (CIP) develop a strong capacity to conduct risk assessments and engage with private operators, especially in order to provide security advice. - Address, if applicable, as a result of the European Semester, those country-specific recommendations (CSRs) which concern key security policy priorities, in particular the fight against corruption and money laundering. - Improved capabilities to fight cybercrime, e.g. through training, the development or adaptation of tools, collaboration (between LEAs and with other stakeholders), and the use of capabilities available at Europol (which might require training and technical connections). Other comments External dimension  Cooperation with third countries on anti-terrorism and anti-radicalisation activities, cooperation between law enforcement authorities in the fight against terrorism, drugs and criminality as well as operational cooperation to tackle trafficking in human beings and migrant smuggling. Where needed implementation could be envisaged via several channels e.g. ad hoc projects/programmes, liaison officers, special investigation teams. 10 Synergies with other Funds Asylum and Migration Fund There could be complementarities between ISF and AMF on legal migration regarding actions related to the fight against trafficking in human beings and migrant smuggling, protection of victims of trafficking in human beings and prevention of and countering radicalisation. Financing of EURODAC/security part. Border Management and Visa Instrument Actions related to border surveillance systems which could also contribute to security purposes and for fighting cross border crime, terrorism, migrant smuggling and trafficking in human beings.  LEA access to EES and other border management systems  Solutions to fight serious and organised crime at the borders, e.g. container scanner to be used at the border to detect illegal trafficking, depending also on which type of equipment is funded under the new Customs Control Equipment Fund.  ICT platforms/situation rooms/crisis management/communication tools which need to incorporate intelligence from inside the national territory and info gathered at the borders. Cohesion Funds (ESF+, ERDF, etc) European Social Fund+: actions to counter radicalisation, victim protection, drugs In the Multiannual Financial Framework 2014-2020, drug policy issues were addressed mainly by the anti-drugs chapter of the Justice Programme (mainly on what concerns drug demand/public health) and by the Internal Security Fund – Police (mainly on what concerns drug supply/law enforcement and security), in line with the two pillars of drugs policy: security and public health. It was decided that the successor of the current Justice programme will not address any drug policy topics. The future Internal Security Fund 2021-2027 will address mainly security aspects of drugs policy; however, the public health aspects of drugs policy are envisaged to be addressed by the successor of the current Health Programme – the European Social Fund Plus (ESF+), including on health services to patients in the area of drugs, harm reduction and prevention of drugs related deaths and research on the epidemiology aspects of the use and abuse of drugs. These measures focused on public health challenges related to illicit drug should be covered not only by the health strand of the ESF+, but also by the shared management/national programmes co-funded by ESF+. ESF+ may also support actions aimed at fostering active inclusion and promoting equal access to and completion of quality and inclusive education and training for disadvantaged groups and through improving access to employment of, in particular, long-term unemployed and inactive people. Victims of crime could benefit from measures aiming to improve access to long-term care. European Regional Development Fund: protection/design of public spaces, cybersecurity, actions to counter radicalisation, Critical Infrastructure ERDF could finance actions related to the protection of public spaces. ISF can finance small-scale projects, such as the innovative integration of security into the design of new buildings/public space and the purchase of closed circuit television systems, concrete bollards and other preventive equipment, such as cyber-attack resilient information and communications security systems. However, the ERDF is better placed for making such investments at regional and local level and contributing to infrastructure investments where security is a key element in the design of the public space. 11 ERDF will also address cybersecurity concerns when promoting digitalisation of SMEs, large enterprises and promoting government ICT solutions and IT services (cyber threats and cybercrime) under ERDF specific objective Reaping the benefits of digitisation for citizens, companies and governments (PO1). Cyber threats are increasing. They can disrupt the supply of essential services (critical infrastructure) such as water, healthcare, electricity, mobile services or generate substantial financial losses, undermine user confidence and cause major damage to the economy. Cybercrime is one of the fastest growing forms of crime and the risks are increasing exponentially. Unless we substantially improve cybersecurity, the risk will increase in line with digital transformation. ERDF can also address protection of critical infrastructure (e.g. transport infrastructure, power plants, data centres, security and safety at airports and of air traffic management systems etc) under i.a. specific objective Developing smart energy systems (PO2) or specific objective Developing a sustainable, climate resilient, intelligent, secure and intermodal TEN-T (PO3). Under PO 5 ERDF can also address security in the urban and other areas through the following specific objectives Fostering the integrated social, economic and environmental development, cultural heritage and security in urban areas and Fostering the integrated social, economic and environmental local development, cultural heritage and security, including for rural and coastal areas (…). It can cover e.g. prevention of radicalisation under social integration measures and protection of public spaces. External Instruments (NDICI and IPA) The external actions will continue to be implemented in complementarity to the NDICI and IPA that are and will remain the primary tools to support the external dimension of the Union’s migration and security policy. Member States through their national programmes are more adequate to promote and deliver on cooperation initiatives that complement and reinforce actions taken at the EU level. For example, when Member States have good bilateral relations with third countries, specific interests and expertise or networks in a given third country, or when the nature of a specific policy has a direct impact on the MS and might require bilateral cooperation. Neighbourhood, Development and International Cooperation Instrument (NDICI): fighting THB and migrant smuggling, support to regional and international initiatives contributing to security, preventing and countering radicalisation NDICI can support actions in third countries to address the root causes of irregular migration and forced displacement, and it can support security and migration management and governance. The ISF on the other hand will provide for an external dimension that will essentially represent an extension of the EU's security policies. It will focus on actions that serve primarily the EU's security related priorities. NDICI will allow for making best use of geographic programmes, supplemented by the Global Challenges thematic programme and the rapid reaction response pillar. In the area of security, this includes for instance addressing political and economic exclusion and other long-term structural and root causes of conflict, insecurity and instability, supporting regional and international initiatives contributing to security, stability and peace and preventing and countering radicalisation leading to violent extremism and terrorism as well as fighting against any form of violence, corruption, organised crime and money laundering. The Internal Security Fund will continue supporting cooperation with third countries on anti-terrorism and anti-radicalisation activities, cooperation of law enforcement authorities in the fight against terrorism as well as serious and organised crime, trafficking in human beings and migrant smuggling, including through joint investigation teams. Instrument for Pre-Accession Assistance (IPA): fight against organised crime/corruption/ THB and migrant smuggling, strengthening law enforcement The Instrument for Pre-Accession Assistance will support enlargement countries in preventing and tackling organised crime and corruption, and in strengthening their law enforcement and migration 12 management capabilities, including border management. It will support cooperation on migration, ensuring access to international protection, sharing relevant information, strengthening the development benefits of migration, facilitating legal and labour migration, enhancing border control and pursuing our effort in the fight against irregular migration, trafficking in human beings and migrant smuggling. Other Funds Digital Europe: cybersecurity The Digital Europe Programme is about digital transformation of public services and businesses. Amongst several other issues it will address cybersecurity, as it is of key importance to ensure trust in digital products and services, especially given the wide spread of cyber-attacks. ISF will deal with cyber-dependent crimes, i.e. crimes that can be committed only through the use of information and communications technology devices and systems, and cyber-enabled crimes, i.e. traditional crimes, such as child sexual exploitation, which can be increased in scale or reach by the use of computers, computer networks or other forms of information and communications technology. Horizon Europe: security related research projects leading to innovative technologies There are complementarities between ISF and the Horizon Europe Programme. Actions related to innovative new technologies and security relevant research projects under the cluster "Inclusive and Secure Society" can be supported by ISF. Customs Control Equipment Instrument: customs control equipment to be used also for police cooperation and fight against serious and cross border crime Multi-purpose equipment, e.g. container scanner purchase, also other equipment could fall into the grey zone. Need to coordinate with TAXUD on gap assessment / needs. PCCCs. EU civil protection mechanism: Exploit synergies regarding disaster risk management, prevention and preparedness. EU Defence Fund: Multi-purpose equipment (e.g. UAVs) SRSP: potential overlap/synergies in several areas such as radicalisation, money laundering, financial crime, OSINT to counter terrorism, disaster management, cybercrime, anti-corruption, etc. 13 ASUTUSESISESEKS KASUTAMISEKS Märge tehtud: 31.01.2020 Kehtib kuni: 31.01.2025 Kuni ISF/BMVI/AMIF programmide kinnitamiseni Alus: AvTS § 35 lg 2 p 2 Teabevaldaja: Siseministeerium Ministeeriumid Riigikantselei 31.01.2020 nr 14-13.1/36-1 Siseturvalisuse valdkonna EL fondide 2021–2027 planeerimine Hea koostööpartner! Käimas on Euroopa Liidu (EL) 2021–2027 rahastusperioodi ettevalmistused. Siseministeerium (SiM) vastutab Sisejulgeolekufondi (ISF), Varjupaiga-, Rände- ja Integratsioonifondi (AMIF) ning Piirihalduse ja viisade rahastamisvahendi (BMVI) planeerimise ning rakendamise eest. Kuigi fondimääruste eelnõude ja rahalise mahu üle läbirääkimised alles käivad, on SiM alustamas ISF-i, BMVI ja AMIF-i rakenduskavade koostamist. Soovime teid sellesse protsessi kaasata, et tagada Eestis parem sünergia erinevate EL fondide vahendite kasutamisel. ISF-i vahenditega võideldakse terrorismi, radikaliseerumise, organiseeritud kuritegevuse ja küberkuritegevuse vastu ning aidatakse kuriteoohvreid. Samuti toetatakse liikmesriikide õiguskaitseasutuste vahelist teabevahetust ja koostööd. AMIF-ist toetatakse rändevoogude tõhusat juhtimist. Muu hulgas edendatakse varjupaiga valdkonda ja toetatakse lõimumistegevusi. Samuti toetatakse jätkusuutliku tagasisaatmis- ja tagasivõtmispoliitika abil ebaseadusliku rände stiimulite vähendamist. BMVI-st toetatakse Euroopa integreeritud piirihalduse arendamist ja viisapoliitikat, et tagada ühtne ja kvaliteetne EL välispiiride kontroll ning lihtsustada EL välispiiride seaduslikku ületamist. Fondidest rahastatakse rakenduskavades ehk riiklikes programmides kokku lepitud tegevusi. Rakenduskavad põhinevad EL poliitikaeesmärkidel, riigisiseselt katusstrateegia „Eesti 2035“ arengusuundadel, valdkondlikes arengukavades seatud alaeesmärkidel ning riigieelarve strateegia (RES) planeerimise protsessis esitatud (lisa)vajadustel. AMIF-i, ISF-i ja BMVI alla kuuluvate EL poliitikaeesmärkide kohta on Euroopa Komisjon (EK) saatnud Eestile ka juhised (Programming Fiche). SiM-i vastutusvaldkonna poliitikaeesmärke ja nende täitmist kirjeldab siseturvalisuse arengukava 2020-2030 (STAK; vt ka https://www.siseministeerium.ee/et/STAK2030). Olete olnud kaasatud STAK-i koostamisse, kuid palume teil koostöös allasutuste ja asjassepuutuvate Pikk 61 / 15065 Tallinn / 612 5008 / [email protected] / www.siseministeerium.ee Registrikood 70000562 partneritega vaadata üle ka oma valdkonna strateegiad. Soovime, et kaardistaksite fondide eesmärkidega kooskõlas olevad sekkumised, meetmed või tegevused, mida saaks potentsiaalselt rahastada ISF-ist, BMVI-st või AMIF-ist. Palume, et esitaksite oma ettepanekud kirjale lisatud tabelites. Ühtlasi palume teil nimetada asutuse esindaja, kellega ettepanekuid edaspidi arutada. Samuti ootame tagasisidet kirjale lisatud EK juhiste kohta. Täpsemalt, kas ja kuidas täidetakse teie vastutusvaldkonda jäävaid juhises kirjeldatud eesmärke ning kuidas on kavas neid rahastada (nt täielikult või osaliselt riigieelarvest või välisvahendeid kasutades). Samuti palume põhjendada, kui te ei nõustu mõne juhistes väljatoodud EK poolt vajalikuks peetud tegevusega. Saadud tagasisidet kasutame fondide rakenduskavade eelnõude koostamiseks. Eelnõud esitame ka teile arvamuse avaldamiseks ja kooskõlastamiseks. Palume esitada sisend hiljemalt 28. veebruariks 2020 aadressil [email protected]. Küsimuste korral palun pöörduge SiM välisvahendite osakonna poole aadressil [email protected]. Lugupidamisega (allkirjastatud digitaalselt) Piret Lilleväli varade, planeerimise ja tehnoloogia asekantsler kantsleri ülesannetes Lisad: 1. ISF-i abikõlblike tegevuste tabel 2. BMVI abikõlblike tegevuste tabel 3. AMIF-i abikõlblike tegevuste tabel 4. ISF-i EK juhised 5. BMVI EK juhised 6. AMIF-i EK juhised Aile Peris 6125078 [email protected] Pikk 61 / 15065 Tallinn / 612 5008 / [email protected] / www.siseministeerium.ee Registrikood 70000562
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