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The EMPACT Program

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The term "EMPACT" stand for European Multidisciplinary Platform Against OCG (Organized Crime Organizations) Threats, this four-year program introduced by the European Union has a new approach in the fight against the organized crime - which includes new measure regarding the control of borders, police activities, jurisdicional cooperation. The main goals are managing efficiently datas and informations, prepare governments to new challenges and prevent crimes. The first form of EMPACT took the name of "EU Policy Cycle for organized and serious international crime" and was a limitated form of the strategy implemented today; it was implemented between 2012 and 2013[1].

After two cycles in the period 2014-2017 and 2018-2021, the program evolved into a multidisciplinary tool involving different agencies and internal bodies with expertise in the fight against crime organized. In 2021, the EU Council adopted the document "EMPACT 2022+"[2] which made this program permanent.

The current EMPACT program is composed by four phases: SOCTA, MASP, OAP, and a final indipendent Evaluation.

The Europol Priorities

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Europol has announced which are the priorities for the period 2022-2025[3]:

  • High risk criminal networks; more than 80% of criminal groups are organized around an association of individuals or in a hierarchical manner, therefore it is essential to intensify the dismantling of the internal structures of these organizations.
  • Cyber-​​attacks; cyber ​​attacks and cybercrime are increasing both in terms of quantity and sophistication, this is also due to the exponential increase in technological devices used in Europe.
  • Trafficking in human beings; in particular sexual exploitation, which appears to be the most widespread type of trafficking, the main purpose of this activity is to provide cheap labor.
  • Child Sexual exploitation; also for this type of crime there is a steady increase in cases and complaints, the European institutions are working to adopt new legislation to combat sexual abuse and exploitation.
  • Migrant smuggling; this sector is one of the most profitable for criminal organizations which in 2015 managed to generate a total turnover of between 3 and 6 billion euros. Given the current situation in Ukraine, the number of migrants will increase, resulting in large revenues for the OCG.
  • Drug trafficking; around 40% of all criminal activity in the EU is related to drug trafficking. There is therefore no doubt that this is one of the most profitable markets and, consequently, it must also be the one most opposed by the EU bodies.
  • Fraud, economic and financial crimes; this type of activity has undergone a sharp increase during the COVID-19 pandemic, during which scammers exploited citizens' insecurities and frailties to extort money. In addition to fraud, EU action focuses on dismantling systems for laundering illegally acquired money.
  • Organized Property crimes; these crimes have the most direct and intense impact on people, however the restrictions imposed during the pandemic have decreed a decrease in burglaries and robberies.
  • Environmental crime; crimes against the environment have effects not only on it, but also on human health. What the EU is aiming for is to oust criminal organizations from legal economic structures.
  • Firearms trafficking; EU law enforcement authorities seized over 11,000 firearms and weapons between 2019 and 2020.

First Phase: Policy Development (EU SOCTA)

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The first phase involves a Serious and Organized Crime Threat Assessment (SOCTA) by Europol, based on information provided by Eurojust and the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA). This assessment provides the European community a complete picture of the present and future threats facing member countries, as well as identifying which sectors and areas are most affected. This paper must take into account the ability of the OCG to evolve continuously and rapidly; for this reason it has became the most effective tool in fighting the phenomenon of international crime, which is now increasingly complex and dynamic. The drafting of the SOCTA involves Member States, external partners, international organizations and various European agencies, which contribute by providing about 4,000 questionnaires on the activities and networks of these illegal organizations[4][5][3].

Second Phase: Policy Setting (MASP)

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Article 71 of the Treaty on the Functioning of the European Union (TFEU) provides for the creation of a Standing Committee on Operational Cooperation on Internal Security[6] (COSI) within the EU Council. This committee was established by the EU Council decision of 25 February 2010 on the establishment of the Standing Committee for Operational Cooperation in Internal Security (2010/131 / EU[7]). It is composed by the members of the competent national ministries, assisted by representatives permanent members of the countries of the European Union and by the Council Secretariat. COSI examines the assessments indicated in the SOCTA and transmits them to the JHA Council, which adopts a limited number of crime priorities for the policy cycle. Subsequently, the Commission convenes a meeting attended by representatives of the relevant agencies, EU institutions and Member States, in order to establish a four-year strategic plan ("Multi-Annual Strategic Plan" or MASP). Two types of MASPs are drawn up: a general one (G-MASP), which contains a list of "strategic objectives" that should be achieved during the four-year EMPACT; one for each single common horizontal strategic goal ("Common Horizontal Strategic Goals" or CHSG), the goal is to develop a multidisciplinary, integrated and integral approach in order to effectively address the threats facing Europe. All these objectives are then reviewed and approved by COSI[5][3].

Third Phase: Development, Implementation, and Monitoring (OAP)

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In the third phase, the MASPs are finally implemented through operational action plans ("Annual Operational action plans" or OAPs), which must comply with the CHSGs and the general MASP to address the priority threats. The action plans provide for joint actions implemented by the Member States and the relevant European agencies, together with national ones. The implementation of each OAP is supervised by a "Manager", an individual appointed by the Member State who volunteeres to direct the plans (the so-called "driver"). This phase involves two further bodies: the EMPACT NEC, national coordinators who supervise the Manager; and EMPACT EST, a support group at Europol that provides administrative and logistical support. After that, COSI approves the OAPs and follows their correct implementation on the basis of the half-yearly report presented by the members of EMPACT EST. The information obtained through the OAPs reaches Europol through the "Secure Information Exchange Network Application" (SIENA). The OAPs can also be supplemented by the "Joint Action Days" (JAD), initiatives led by national intelligence supported and coordinated by the competent European agencies within the EMPACT (Europol or Eurojust). These initiatives focus on a particular priority foreseen by the MASPs and need to be discussed by the Member States, Europol, Eurojust, as well as COSI which will provide strategic guidance. These are subsequently evaluated together with the results of the EMPACT in the fourth and last phase of the programming cycle. Currently 15 OAPs are being implemented, each based on the priorities indicated by COSI for the period 2022-2025[3].

Fourth Phase: Indipendent Evaluation (Assessment)

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Europol monitors the progress of the OAPs through the semi-annual and annual reports submitted regularly by the members of EMPACT EST. In this way, it can adapt, modify or supplement the MASPs or even the priorities presented by COSI. The European Commission is also involved in this phase, it conducts an independent evaluation at the end of the policy cycle. Its considerations are utilized as guidelines for the next EMPACT. During the programmatic cycle inherent to the period 2018-2021, 2,737 investigative operations were conducted which led to the arrest of 7,487 people and the seizure of 33 tons of narcotic substances[3].

  1. ^ Europol, su europol.europa.eu.
  2. ^ Council of the European Union, su data.consilium.europa.eu.
  3. ^ a b c d e Europol, EMPACT, su europol.europa.eu.
  4. ^ Europol - SOCTA report, su europol.europa.eu.
  5. ^ a b EU Council conclusion 6481/21
  6. ^ COSI, su consilium.europa.eu.
  7. ^ Council decision, su eur-lex.europa.eu.