European Union

The respect of human rights and the rule of law in Turkey in the aftermath of the failed coup attempt will be a crucial test for the state of the country’s democracy, said Foreign Affairs Committee MEPs on Tuesday. They assessed the results of last week’s fact-finding mission to Turkey by the committee chair and rapporteur and stressed the need for constant monitoring.
Committee on Foreign Affairs

Source : © European Union, 2016 - EP

The respect of human rights and the rule of law in Turkey in the aftermath of the failed coup attempt will be a crucial test for the state of the country’s democracy, said Foreign Affairs Committee MEPs on Tuesday. They assessed the results of last week’s fact-finding mission to Turkey by the committee chair and rapporteur and stressed the need for constant monitoring.
Committee on Foreign Affairs

Source : © European Union, 2016 - EP

Source : © European Union, 2016 - EP

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Apple faces paying back billions in back-taxes when Brussels rules that a sweetheart tax deal with Ireland amounted to illegal state aid later today.

Everything about this decision is big. Apple is the world’s largest company. The back-taxes due will run into ten figures. The legal methods are relatively untested. And the political stakes are huge.

The Apple case cuts to the heart of the power struggle between Brussels and Washington over who sets the standards – whether on tax, privacy, or finance – for global business.

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On 30 August 2016, the Political and Security Committee authorised EUNAVFOR MED Operation Sophia to begin two additional supporting tasks:

• training of the Libyan coastguard and navy
• contributing to the implementation of the UN arms embargo on the high seas off the coast of Libya

This EU naval operation aims to disrupt the business model of human smugglers and traffickers in the Southern Central Mediterranean. The Council decided on 20 June 2016 to add these two supporting tasks to the operation's mandate.

After checking that the necessary conditions have been met, the EU ambassadors meeting within the Political and Security Committee decided on 30 August to authorise the beginning of the new tasks.

Training of the Libyan coastguard and navy

The legitimate Libyan authorities requested support in capacity building and training of their coastguard and navy. The objective is to enhance their capability to disrupt smuggling and trafficking in Libya and to perform search and rescue activities which will save lives and improve security in the Libyan territorial waters. This task will be financed through voluntary contributions from some EU member states managed by the Athena mechanism.

Countering illegal arms trafficking

A more secure and stable Libya will contribute to the overall efforts to disrupt human trafficking and smuggling networks. On the basis of UN Security Council Resolution 2292 (2016), the operation will contribute to information sharing and support the implementation of the UN arms embargo on the high seas off the coast of Libya. This will increase the overall level of awareness of the maritime situation and limit arms flows to Da'esh and other terrorist groups.

EUNAVFOR MED Operation Sophia

EUNAVFOR MED Operation Sophia was launched on 22 June 2015. The operation entered its active phase in October 2015. This phase provides for the identification, capture and disposal of vessels used or suspected of being used by migrants' smugglers or traffickers. Since then, the operation has contributed to the arrest and transfer to the Italian authorities of 87 suspected smugglers and traffickers and neutralised more than 255 vessels. In addition, the operation has saved more than 22 000 lives and has supported other organisations in the rescue of more than 36 000 persons.

The Operation Commander is Rear Admiral Credendino, from Italy. The headquarters of the operation are located in Rome.

It has become all too common for European policymakers and academics alike to obsess over the creation of norms in cyberspace. Especially the promotion of the due diligence principle, to regulate state behaviour in the fifth domain, is riddled with forlorn expectations and futile assumptions.

According to customary international law, due diligence stipulates that, “no State has the right to use or permit the use of its territory in such a manner as to cause injury […] to the territory of another or the properties or persons therein.”[1] Adapted to cyberspace, the Tallinn Manual notes that “a State shall not knowingly allow the cyber infrastructure located in its territory or under its exclusive governmental control to be used for acts that adversely and unlawfully affect other States.”[2]

Proponents of the due diligence principle naturally praise its anticipated positive impact, such as (1) helping to “protect and further an open, free, and secure global internet,” “(2) prevent regional fragmentation, (3) the threat of crime and (4) a militarization of cyberspace,” as well as (5) lowering global risks in the cyber domain to an acceptable level.[3] Cooperation rather than conflict is the overarching message.

In theory, due diligence would simply shift accountability to the nation state, thereby levelling the playing field between governments, and making already existing international law applicable to the cyber domain. In one swooping move, states could be held responsible for the actions of non-state actors, but would also gain a legal beachhead to exercises stronger regulatory control over privately held IT infrastructure on their territory.

From a legal perspective, such a move would solve a host of current problems. For example, the aperture for attribution would dumb down to the question of “who is to blame?” rather than necessitate a nuanced multi-layered-process determining “who did what, how, why, when, and where?” Expanded sovereignty would also introduce tangibility, by clearly delineating cyberspace along the geographic locations of its physical components. Even the utilization of offensive cyber capabilities could be consigned to the right of self-defence, and thereby help promote a deterrence-by resilience posture.[4]

In practice, however, the application of due diligence will most likely achieve none of its lofty goals.

First, given that cyber operations depend on identifying “specific vulnerabilities in specific systems that can be exploited in specific ways,”[5] they are by their very own nature “soaked in intelligence.”[6] Espionage however falls, apart from a few exceptions, outside the domain of jus ad bellum and jus in bello, and is woefully underdeveloped in international law.[7] The Tallinn Manual for example notes that “though highly invasive, cyber espionage does not rise to the level of a use of force due the absence of a direct prohibition in international law on espionage per se.”[8]

Consequentially, curbing cyber espionage can only occur in a domestic context, by creating prevalent civilian oversight mechanisms that will hold intelligence agencies responsible for any misconduct. However, the Snowden revelations have already shown that even a country like Germany, with all its attached history and oversight mechanisms, was unable to constrain the BND from “eavesdropp[ing] on various US government and diplomatic missions, on fellow EU members, on humanitarian nongovernmental organizations, and even on the Vatican’s mission in Berlin.”[9] There is simply no point in trying to regulate state behaviour in cyberspace without also constraining intelligence agencies from conducting the very missions they were designed to do.

Second, contrary to public perception the fifth domain is becoming more secure rather than less. According to PwC’s 2016 Global State of Information Security Survey of 10,000 IT and security practitioners, 91% now utilize a risk-based security framework within their organization, 69% leverage cloud-based security, 65% collaborate with others to improve cybersecurity, and 59% harness Big Data analytics. Overall, respondents boosted their IT security budgets by 24% in 2015.[10] Indeed, some, like Martin Casado, General Partner at Andreessen Horowitz, persuasively argue that “we have enough tools in place, if used properly, to make the weakest link me and you […].”[11] Therefore security is not necessary a technology problem but one that is user-centric.

Third, users are becoming increasingly aware that the market has failed to deliver on the promise of privacy and cybersecurity.[12]  While we have come a long way from the Crypto Wars in the 1990s, the quest for secure online communications is picking up steam again. As a result, the adoption of stronger encryption is becoming commonplace, log-free VPNs are proliferating, and the success of the Tor browser has spread across the globe. One visit to Blackhat or Defcon should make it abundantly clear that any attempt by Western governments to control internet traffic, regulate open-source software, or adopt any other bullying behaviour, will cause an immediate backlash from the community.

The whack-a-mole fight against online piracy is probably the most notable example that controlling cyberspace is futile.[13] Many have tried and many have failed, but governments rarely learn from their mistakes, as Britain’s current discussion on fighting online pornography vividly shows.[14] The bottom line is that cyberspace was not designed to be secure,[15] it was not envisioned to be controllable, and international norms will not dictate how intelligence agencies operate in the fifth domain.

Cybersecurity and norms in cyberspace will be further discussed on 14 September at the Friends of Europe event : ‘CYBERSECURITY AND FOREIGN POLICY – A new role for Europe?‘

IMAGE CREDIT: Login/Bigstock.com

The post Due Diligence and the futility of creating norms in cyberspace appeared first on Europe’s World.

We would like to inform you about the key issues that will be discussed at the G20 summit in Hangzhou on 4-5 September.

1.  The G20 should continue playing a role in tackling the international refugee crisis

A comprehensive global response to share the responsibility in addressing the unprecedented refugee and migration crisis and its root causes remains a priority. We will urge the G20 to continue to support international efforts, and contribute to achieving successful outcomes at the forthcoming summit on addressing large movements of refugees and migrants at the United Nations, and the summit on refugees hosted by President Obama. We will call for scaling up humanitarian and development assistance, resettlement, support for refugees and their host communities through international financial institutions and tackling irregular migration. The G20 has the expertise to make practical contributions through trade, development cooperation and refugees' access to education and job opportunities.        

2.  Boosting jobs, growth, and investment should remain at the top of the G20 agenda

Although our economies have recovered from the crisis, the global outlook remains uncertain and many citizens still do not feel the benefits of growth. We will thus underline the importance of a credible narrative for sustainable and inclusive growth, which puts to work all available policy tools - monetary, fiscal and structural.

A key deliverable will be the G20 Hangzhou Action Plan and the updated Growth Strategies. We will call for accelerating the implementation of these strategies, keeping in mind the objective the G20 set in Brisbane to lift global growth by 2% by 2018. In this regard, the G20's “Enhanced Structural Reform Agenda”, with principles and indicators to measure progress on structural reforms, is welcome. We will seek to advance the work on growth-friendly composition and efficiency of public finances. The summit will also initiate cooperation on innovation, the new industrial revolution and digital economy.

Furthermore, we will welcome the good progress the G20 has made to promote infrastructure investment. There are strong synergies between the investment priorities of the EU and the G20. The European Fund for Strategic Investments is firmly on track to deliver the objective of mobilising at least EUR 315 billion in additional investments in the real economy by mid-2018, having already reached more than EUR 100 billion in new investments.

To ensure the benefits of economic growth are broadly shared and inequalities are reduced, the G20 will also continue implementing the Employment Plans with a particular focus on youth and women employment. We will consider actions to facilitate entrepreneurship, promote decent work, foster apprenticeships and equip workers with the right skills.

3.  Pushing forward the work on international tax transparency and combatting the financing of terrorism

The G20 should reiterate its call on all countries and jurisdictions to start exchanging information under the Global Standard on the Automatic Exchange of Information (AEOI) with all interested partners by 2018 at the latest; to adhere to the Multilateral Convention on Mutual Administrative Assistance in Tax Matters; and to join the Base Erosion and Profit Shifting (BEPS) Inclusive Framework. The Anti-Tax Avoidance Package finalised in June and the next steps prepared to respond to the problems exposed in the 'Panama Papers' put the EU at the forefront of this agenda. We need strong international criteria to identify non-cooperative jurisdictions to provide a solid basis to the broader EU common list to be adopted by end 2017. After the summit, the next milestone will be the Global Forum's proposals on beneficial ownership in cooperation with the Financial Action Task Force (FATF).

We need to stand together in combatting the financing of terrorism. The G20 has already taken important steps in this direction, and should continue on this path. We will encourage the FATF to fully implement its strategy to combat terrorism financing, and take steps to enhance the effectiveness of the network of FATF and FATF-style regional bodies.

4.  We need a resilient international monetary and financial system

Financial regulatory reform needs to remain high on the G20 agenda. The intended refinements of the Basel III framework need to be subject to a thorough impact analysis and capital requirements must not be significantly increased in any of the major regions of the world. The work of the Basel Committee, which has our support, should conclude by the end of 2016 to ensure regulatory certainty. On central counterparties we now need to push forward on the resolution framework. The G20 should also make a sound analysis of the combined effects of the agreed financial reforms to ensure their consistency with G20's overall objectives. The consistent implementation of Total Loss Absorption Capacity, effective cooperation in the event of cross-border resolution and the finalisation of the over-the-counter derivatives reforms remain priorities.

As regards the international financial architecture, it is particularly important that Leaders reaffirm their commitment to maintaining a strong and adequately resourced International Monetary Fund equipped with an effective toolbox. 

5.   The G20 must make the case for open trade and investment

The G20 will discuss how to reverse the slowdown in the growth of trade and foreign investment. This means reinvigorating efforts to open markets and level the playing field, and to communicate the benefits of trade to citizens while addressing their concerns. The G20 has a particular responsibility to buttress the multilateral trading system. It should therefore provide genuine guidance for the future global trade and investment agenda. The pledge to resist protectionism should not only be renewed but reinforced in practice. Urgent and effective action is needed to cut overcapacity in the steel and other sectors, including by tackling subsidies and other market-distorting measures that have contributed to it. The World Trade Organisation (WTO) Trade Facilitation Agreement should be ratified this year and fully implemented. It is also time to open up discussions in the WTO to new issues such as digital trade, investment or export restrictions. As a first step towards greater policy coherence in the area of investment, we will endorse the G20 Guiding Principles for Global Investment Policy-making.

Moreover, the G20 should recognize the valuable contribution to trade liberalisation and rule-making of WTO-consistent plurilateral, regional and bilateral trade agreements. We expect the G20 to give a strong push for concluding the Environmental Goods Agreement in 2016, which will be good not only for global economic growth but also for the environment.

6.   Taking forward the implementation of 2030 Agenda for Sustainable Development and the Paris Agreement on climate change

The summit will endorse a G20 Action Plan on the 2030 Agenda for Sustainable Development outlining the collective contributions of the G20 to poverty reduction and sustainable development. It is also an important occasion to sustain momentum for swift ratification and implementation of the Paris Agreement. The G20 should continue work on green and climate finance, sustainable energy, and phase out of inefficient fossil fuels subsidies. It should also support reaching agreements this year on an effective global market-based mechanism to stabilise international aviation emissions in the International Civil Aviation Organization (ICAO) and to phase down hydrofluorocarbon emissions under the Montreal Protocol.

We are resolved to ensure that the Hangzhou summit will be another important milestone in strengthening the global economic recovery. The EU looks forward to discussing key international challenges with its G20 partners in Hangzhou.

General : The investigation into the Volkswagen emissions testing scandal continues on Tuesday 30 August when the Parliament's inquiry committee questions former commissioner Günter Verheugen, who was responsible for enterprise and industry from 2004 to 2010. Parliament is currently working on new legislation to improve the reliability of car testing. Check out our infographic to find out more on how car emissions are tested.

Source : © European Union, 2016 - EP

General : The investigation into the Volkswagen emissions testing scandal continues on Tuesday 30 August when the Parliament's inquiry committee questions former commissioner Günter Verheugen, who was responsible for enterprise and industry from 2004 to 2010. Parliament is currently working on new legislation to improve the reliability of car testing. Check out our infographic to find out more on how car emissions are tested.

Source : © European Union, 2016 - EP

The EPIO Dublin and member of the EP’s Economic Committee, Brian Hayes, held a consultation in Dublin (19 July) with leaders from a cross section of Irish society to update them on current state-of-play with the Pensions Directive and the implications for pension providers.

Source : © European Union, 2016 - EP

General : Parliamentary committees deal with anything from relations with Turkey to migration and car emissions this week. Parliament President Martin Schulz is due to visit Ankara, while MEPs discuss the EU-Canada trade agreement. In addition former commissioner Günter Verheugen answers questions from the Parliament's inquiry committee investigating car emission tests.

Source : © European Union, 2016 - EP

General : Parliamentary committees deal with anything from relations with Turkey to migration and car emissions this week. Parliament President Martin Schulz is due to visit Ankara, while MEPs discuss the EU-Canada trade agreement. In addition former commissioner Günter Verheugen answers questions from the Parliament's inquiry committee investigating car emission tests.

Source : © European Union, 2016 - EP

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Welcome back! For a few happy weeks, officials were able to put Europe’s multiple crises to the back of their minds. No longer.

Those returning to their desks in Brussels, Berlin, Paris and beyond are confronted with a Hydra of misery: the refugee crisis rolls on, growth is still stagnant, and security concerns are mounting following a string of terror attacks.

A potentially huge referendum in Italy awaits as does another chance for Austria to vote in a far-right president. The fallout from Turkey’s failed coup creates instability at the EU’s border and – if the EU-Turkey refugee deal falls apart – further trouble in its core.

On top of all this, Britain has to decide how to extricate itself from the EU. Welcome back, indeed.

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Source : © European Union, 2016 - EP

Committee meetings, Brussels

Source : © European Union, 2016 - EP

German Chancellor Angela Merkel travelled to Estonia, the Czech Republic and Poland this week in preparation for the EU summit in mid-September. She will also receive other EU heads of government in Germany on Friday and Saturday. Commentators ask whether the chancellor will be able to reunite Europe in view of the Brexit referendum, the Syrian war and the refugee crisis.