Council adopts declaration on the application of international law in cyberspace

The declaration notes that international law remains fit for purpose in this digital domain and reiterates that States must comply with certain rules and obligations when engaging in activities in cyberspace.

The declaration recognises that malicious behaviour in cyberspace, including ransomware, is increasing in scale, severity, sophistication and impact, and poses a significant challenge and threat to the functioning of European societies, economies and way of life. However, cyberspace is not a lawless domain.

Respect for and adherence to the UN framework for responsible state behaviour in cyberspace remain essential for maintaining international peace, security and stability. The EU and its Member States therefore reaffirm their full commitment to the implementation of the UN Framework for responsible state behaviour in cyberspace, adopted by consensus and repeated on several occasions by the UN General Assembly (UNGA), which affirms, inter alia, that international law, in particular the Charter of the United Nations, international human rights law and international humanitarian law are fully applicable in cyberspace. cyberspace.

The European Union and its Member States will continue to work with international partners to establish a single, permanent, inclusive, regular and action-oriented United Nations mechanism to implement and promote responsible state behaviour in cyberspace: the Programme of Action.

With this declaration, the Union and its Member States demonstrate that it is possible to reach a common agreement on a set of fundamental principles and rules of international law applicable to cyberspace. A better common global understanding of how international law applies to cyberspace contributes to enhanced global cyber resilience and greater transparency and predictability of states’ conduct in cyberspace and accountability.

In this regard, the EU and its Member States continue to support third countries through training and capacity building on the implementation of the United Nations Framework for responsible state behaviour in cyberspace, including on how to develop a national, regional or international position on the application of international law to cyberspace.

This is the first time that the European Union and its Member States have adopted a declaration in this regard. The declaration follows the UNGA’s reiterated endorsement of the framework for responsible state behaviour in cyberspace, based on the application of international law. The declaration relates to efforts at the United Nations level, namely the UN open-ended working group (OEWG) on the security and use of information and communication technologies in the period 2021-2025, established by UNGA resolution UN A/RES/75/240 in 2021.

_____

Aquest apunt en català / Esta entrada en español / Post en français

Council adopts new regulations to support safe, clean and modern shipping in the EU

In order to support clean, safe and modern maritime transport in the European Union, the Council has adopted four new regulatory acts of the so-called maritime safety package, namely those amending the relevant directives on:

– accident investigation in the maritime transport sector

– pollution from ships

– compliance with flag state requirements

– port state control

The revised package strikes a careful balance between, on the one hand, the need to ensure a high quality of shipment and, on the other hand, the need to safeguard the competitiveness of the European maritime sector,while maintaining reasonable costs for operators and administrations in the Member States.

In a general sense, it will equip the Union with modern tools to support clean transport, aligning EU rules with international standards while improving implementation and enforcement through an enhanced cooperation framework between European and national authorities.

The revised directive on accident investigation in the maritime sector:

• enhances the protection of fishing vessels, their crews and the environment, with fishing vessels less than 15 metres in length now included within the scope of the directive, which means that accidents involving fatalities and loss of vessels will be investigated in a harmonised way.

• clarifies definitions and legal provisions for accident investigation bodies in the Member States to investigate all accidents that need to be investigated in a timely and harmonised way.

• improves the ability of accident investigation agencies to conduct accident investigations and report accidents in a timely, expert and independent manner.

• updates various definitions and references to EU legislation and regulations to ensure clarity and consistency.

• enables accident investigation bodies to carry out accident investigations in a harmonised way throughout the EU, making existing rules clearer and more consistent with international rules.

• strengthens the provisions on the independence of accident investigation bodies and the confidentiality of their findings and reduces unnecessary administrative burdens.

The revised directive incorporates international standards into EU legislation, ensuring that those responsible for illegal discharges of pollutants are subject to dissuasive, effective and proportionate sanctions to improve maritime safety and better protect the marine environment from pollution from ships.

_____

Aquest apunt en català / Esta entrada en español / Post en français

Cyberbullying among children and young people continues to increase in Germany

The institution “Alliance Against Cybermobbing” has just presented a study in Germany[1]. The study consists of online surveys conducted between May and July 2024 with 637 teachers, 1061 parents and 4213 pupils throughout Germany.

The results show that bullying of girls and young women in cyberspace continues to increase. Some 18.5% of students between 7 and 20 years of age report having suffered from it, which in absolute numbers represents more than two million schoolchildren. Previous studies had detected 16.7% in 2022 and 12.7% in 2017. Educational institutions and teachers are totally overwhelmed by the problem.

The consequences of this bullying are noticeable both psychologically and physically. Sufferers report headaches or stomach aches, anxiety, a sinking feeling or depression. Fifty-seven percent of the victims say they are hurt, 43% react with anger and almost a third say they are anxious. Thirteen percent report having resorted to alcohol, pills or drugs and 26% admit to having suicidal thoughts.

School-based prevention has proven to be effective. Those centres that implement this type of measures have fewer cases. Although there is some activity in this direction (55% say that there is some preventive activity in their centre, 7% more than in the last survey), victim support remains an unresolved issue (respondents who say that it exists have decreased by 9% – from 37% to 28% – since the last study).

Parents acknowledge their responsibility, but say they are overwhelmed by the problem. The institution promoting the study has published a mechanism to advise parents based on the knowledge of eight experts in the field.

There are four lines of prevention proposed by the Alliance Against Cybermobbing:

  • It is necessary to maintain and intensify the prevention work carried out up to now and to start it in primary schools. Children should be aware of the environment they will encounter on the Internet. It is essential to improve the training of teachers in this area, receiving support from experts outside the centre.
  • Parents should get on the Internet and networks with their children as soon as their children can begin to access them. It is important that they receive support from the municipalities and schools (with specific programs and activities).
  • Counselling and support centres should be provided for victims, as well as anonymous “hot lines” to which they can turn for support.
  • Politics should also contribute by passing a law to combat cyberbullying, as has existed in Austria since 2016. It should also be provided with the necessary resources for effective law enforcement (judges, magistrates and police).

[1] Vid. PM-Cybermobbing-Studie-2024-fin.pdf (buendnis-gegen-cybermobbing.de)

_____

Aquest apunt en català / Esta entrada en español / Post en français

91 million euros of counterfeit food seized in Europe-wide operation

Europol and 29 European countries, as well as several private sector food and beverage producers, joined forces in the 2024 edition of Operation OPSON. This annual operation, now in its thirteenth run, is aimed at removing counterfeit food and beverages of substandard quality from the market. Around 22,000 tonnes of food and 850,000 litres of beverages (mostly alcoholic) were seized by law enforcement, customs and food regulatory agencies.

Results of OPSON XIII:

  • 11 criminal networks dismantled,
  • 104 arrest warrants issued,
  • 184 search warrants issued,
  • 278 persons reported to the judicial authorities,
  • 5821 checks and inspections performed.
  • In total, goods valued at more than 91 million euros were withdrawn from the market.

Food fraud, counterfeiting of food and beverages and abuse of geographical indications are an important and serious area of crime that needs to be addressed at the international level. The objective of Operation OPSON is to protect public health and safety and ultimately dismantle the organised criminal networks involved. Europol and all partners involved are fighting on all fronts against this criminal area, which includes activities in both physical and online marketplaces, such as e-commerce platforms, and the entire food supply chain, from raw materials to the final product.

Investigators across Europe noted a continuing trend in fraudsters selling expired food. By infiltrating waste disposal companies, they put into circulation masses of expired food that should be destroyed. After deleting and reprinting expiration dates or printing and attaching new labels, they reintroduce expired products back into the supply chain. In terms of counterfeit and wrongly designated foods, olive oil and wines with protected designation of origin (PDO) are the most affected product types.

The Spanish Guardia Civil, in collaboration with the Italian Carabinieri and Europol, arrested four people and seized around 120,000 cans of tuna and 45,000 litres of oil. The arrested owners of a canning company in La Rioja (Logroño) made canned products with tuna of a lower quality than that indicated on the label, as well as with sunflower oil or pomace oil labelled as olive oil, thus managing to market the products at prices much lower than those of their competitors.

In Spain, the Guardia Civil took action against counterfeiters of products such as oil, ham and cheese. In Valencia, a pickle producer was investigated for selling products unfit for consumption due to the addition of illegal colourants and preservatives. 80 tonnes of product were seized, much of it ready for sale and consumption.

_____

Aquest apunt en català / Esta entrada en español / Post en français

29 arrested in the fight against drug trafficking from South America

Police authorities in Albania and Italy have dismantled a criminal drug trafficking network led by two Albanian brothers. The perpetrators are believed to be responsible for arranging drug shipments from South America to several EU member states.

Europol supported this operation, which culminated in a police action day involving the arrest of 29 suspects (27 in Italy and 2 in Albania). Investigators of the Special Anti-Corruption and Anti-Organised Crime Structure of Albania, as well as the Guardia di Finanza of Italy in Pisa and the Public Prosecutor’s Office in Florence, were supported by Europol’s money laundering experts in intercepting the criminals. On 5th November 2024, police agents raided properties in Albania, Italy, France, Spain and Romania and seized a number of criminal assets.

The criminal network was active in the wholesale distribution of drugs in the EU. The illicit drugs were hidden in containers mixed with exotic fruits on ships arriving in European ports from South America. Upon arrival, the recovery teams removed the drugs from the containers and sold them to other criminal networks. The value of the drugs seized during the operation is estimated at 70 million euros.

Since the beginning of the investigation in November 2021 and up to the action day, some members had been arrested while actively committing crimes. During the same period, more than 2000 kg of cocaine, 20 kg of marijuana and 46 kg of hashish have been seized. The drug shipments would come from South America to the EU, where local cells of the criminal network would pick them up and distribute them. To launder illicit proceeds, the criminals had set up an elaborate money laundering system.

Europol’s money laundering experts supported this international investigation from day one. By cross-checking the data provided by the national researchers, a specialist and an analyst found a link between the ongoing investigations, thus completing the intelligence picture. This made it possible to launch an operational meeting, which led to the action day held on 5th November 2024. Apart from deploying a money laundering specialist in the coordination centre established by Eurojust, Europol also offered financial support to two Italian investigators who were travelling to Albania for the action day.

_____

Aquest apunt en català / Esta entrada en español / Post en français

The Council approves conclusions to strengthen the EU’s ambitions in artificial intelligence

The Council has adopted conclusions on a report by the European Court of Auditors (ECA) with the objective of strengthening the Union’s ambitions in the field of artificial intelligence (AI), specifically by improving governance and ensuring greater and more focused investment in advancing this area.

The Council agrees with the conclusions of the ECT, in that the EU must:

  • Increase investments in AI.
  • Facilitate access to digital infrastructure as a globally competitive actor with a global impact.
  • Assume leadership in the development and deployment of AI.
  • Foster talent and create an ecosystem of excellence and trust.

Furthermore, the Council emphasizes that the environmental impact of AI systems, high-performance computing and potential solutions to increase energy efficiency, as well as ensuring a reliable hardware supply chain, are important factors that should also be considered in AI policies.

The Council also agrees with the ECT that close cooperation and collaboration with Member States and international organizations, with the aim of maximising the impact of investments at EU and national levels by exploiting synergies, is a key element in ensuring the Union’s global leadership in AI and its positioning as a benchmark for AI governance.

In this regard, the Council encourages the Commission to intensify the regular exchange of information with the Council and its relevant preparatory bodies in order to support the EU’s strategic engagement in international forums and cooperation with partners.

Finally, understanding that AI can drive European competitiveness if the results of R&D projects are commercialised or exploited directly or indirectly, the Council agrees with the ECT on the need for measurable performance indicators and targets. However, the Council adds that these indicators should be carefully designed without creating obstacles to the general objective of the projects, so that they do not impose additional burdens on beneficiaries, Member States, and the entities responsible for their implementation.

_____

Aquest apunt en català / Esta entrada en español / Post en français

More than 14 million euros in counterfeit currency seized in a police operation targeting postal shipments

Security forces in 18 countries have seized more than 14 million euros in counterfeit currency through Operation DECOY, a coordinated action by Europol led by several EU countries. This joint customs and police operation, developed under the European multidisciplinary platform against criminal threats EMPACT, aimed to disrupt the distribution of counterfeit banknotes and coins through postal services across Europe.

During the operational phase, 174 packages containing counterfeit currency were seized, leading to the initiation of 144 new police investigations into the responsible criminal networks. A total of 148,130 counterfeit items were intercepted, including 134,949-euro banknotes and coins, 9,186 British pounds, and 3,595 US dollars.

The vast majority of the confiscated items were altered-design banknotes. These reproductions have a similar shape and colour to genuine banknotes but include a small mark indicating that they are counterfeits. However, these marks are often overlooked, allowing criminals to pass them off as genuine currency.

The most frequently confiscated denominations were the 50 euro note, followed by the 20 euro note.

The success of Operation DECOY was based on close collaboration between customs authorities and the police. Criminal organisations often exploit differences between law enforcement authorities, especially when they use postal services to distribute counterfeit currency. Customs officers were instrumental in detecting counterfeit bills and coins, while law enforcement agencies conducted the necessary investigations to locate the perpetrators.

This collaborative approach ensured that counterfeit currency was intercepted at key entry points and wide-ranging investigations were launched to pursue the organised crime groups that operate without respite.

The operation involved Austria, Bulgaria, Croatia, the Czech Republic, France, Germany, Greece, Ireland, Italy, the Netherlands, Poland, Portugal, Romania, Serbia, Spain, Turkey, the United Kingdom, and the United States.

Europol and OLAF supported the operation by facilitating the exchange of intelligence, helping to detect suspicious packages, and refining risk indicators for future efforts to combat the distribution of counterfeit currency.

EMPACT addresses the most significant threats from serious and organised international crime affecting the Union. EMPACT strengthens intelligence, strategic and operational cooperation between national authorities, EU institutions and bodies and international partners. EMPACT is carried out in four-year cycles focusing on the European Union’s common crime priorities.

_____

Aquest apunt en català / Esta entrada en español / Post en français

Eighty-six million counterfeit goods seized in the European Union in 2022

A new report by Europol and the European Union Intellectual Property Office (EUIPO) warns that fraudsters and organised crime networks mainly use legal entities to avoid detection by authorities and thus take advantage of consumer preferences for low prices, even if they are counterfeit products.

The report ‘Descubriendo el ecosistema de la delincuencia contra la propiedad intelectual: un enfoque a los facilitadores’ (Uncovering the Intellectual Property Crime Ecosystem: A Focus on Enablers) illustrates the sophisticated methods used by fraudsters and organised crime groups to commit intellectual property (IP) crime and exploit consumer behaviour. It highlights the widespread impact of intellectual property crime on society as a whole, driven by counterfeit products and pirated content.

According to the report, approximately 86 million counterfeit goods were seized in the EU in 2022 alone, with an estimated total value exceeding €2,000 million. The study underlines that while consumers are attracted to low-priced consumer goods, their choices fully support a range of other serious crimes, such as cybercrime, money laundering and even environmental crime.

The health and safety of consumers is endangered by the emergence of counterfeit pharmaceuticals from clandestine and dangerous laboratories that expose workers and the public to harmful substances. Moreover, the digital domain has become a battleground, with cybercriminals creating sophisticated fake websites that not only sell counterfeit goods, but also collect consumers’ sensitive payment information, further intertwining IP crime with cybercrime.

Overall, the report highlights the growing sophistication of intellectual property criminals. Organised criminal networks extend across borders and engage in the import, export and production of counterfeit goods, most of which are produced in China, including Hong Kong, and Turkey.

According to the document, the perpetrators of these operations are not amateurs, they use legal structures at all stages of intellectual property crime and select jurisdictions where it is difficult for EU law enforcement to shut them down or where sanctions are low. In many cases, counterfeit products are produced outside the EU and then end up with fake labels, logos and packaging in different parts of Europe.

The conference held last October, entitled ‘Follow the Money to Fight IP Crime’, brought together experts from law enforcement, the private sector, EU agencies, international organisations and the academic world. Its purpose was to share experiences and best practices, and to explore opportunities and challenges in the fight against intellectual property crime.

The conference began with a full day programme covering key topics such as enablers and the consequences of intellectual property crime, financial investigations to combat intellectual property crime, asset recovery related to intellectual property crime, and the impact of intellectual property crime on public health and the environment. The day also included discussions on the United States’ perspective on financial and intellectual property crime. On the second day, the conference programme focused on the role of social media influencers in promoting counterfeit purchases, and strategies to improve the ability of financial investigations to combat intellectual property crime.

_____

Aquest apunt en català / Esta entrada en español / Post en français

Six wine counterfeiters arrested in Italy for selling fake bottles of wine for thousands of euros

In early October this year, an investigation led by the French Gendarmerie, involving the Italian Carabinieri Corps and the Swiss Federal Police, with the support of Europol and Eurojust, led to the dismantling of a criminal network of counterfeit French Protected Designation of Origin (PDO) wines in Italy. The criminal network counterfeited French red wine, charging up to €15,000 per bottle. The fake wine was produced in Italy, then delivered via an Italian airport and exported for sale at market value around the world by wine merchants unaware of the alleged scam.

The operation resulted in:

  • 6 arrests (one high-value target) and
  • 14 house searches in Turin and Milan
  • Seizures included: large quantities of counterfeit wine bottles of different Grand Cru domains, wine bottle stickers and different wax products, wine refilling ingredients, technical machines to recover bottles, luxury goods and electronic equipment valued at €1.4 million, more than €100,000 in cash, and various documents of interest.

The modus operandi of the criminal network, combined with the characteristics of the counterfeits, led investigators to establish a link with a previous investigation supported by Europol targeting the counterfeiting of PDO wine. Forensic operations carried out on these high-value objects revealed the techniques used by the criminal network to counterfeit excellent quality French wine.

Connections were also found between the two investigations while investigating the manufacturers of stoppers and capsules and the label printers. This investigation, which had been closed in 2015, involved a Russian national who was also linked to the current investigation. Further enquiries uncovered business transactions conducted between Italy and Switzerland. Other bottles were later discovered with similar signs of counterfeiting.

In 2014, a latent trace was discovered on the back of a label, revealing a connection to an individual already known to the authorities from a previous similar case. The investigation into an international network counterfeiting luxury wines led to the arrest of a Russian individual associated with two winegrowers, both of Italian nationality. However, since 2019, new counterfeits have appeared in Europe, specifically in the Swiss and Italian markets. Investigations showed that the old counterfeit bottles were still being sold alongside new ones with copies of the new security features. Investigation leads and international information exchange via Europol enabled the French Gendarmerie unit handling the case to identify this new distribution route for counterfeit bottles through the identity of the Grand Cru domains.

_____

Aquest apunt en català / Esta entrada en español / Post en français

The gang behind the ATM attacks has been dismantled

Dutch, French and German law enforcement agencies joined forces to arrest criminals who caused millions of euros in damage by blowing up ATMs.

It was in the early hours of 16 October 2024 when police forces from the three countries arrested three members of a violent criminal network that carried out explosive attacks on ATMs. Europol brought together investigators from the three countries to arrest the criminals, who are believedto have looted millions of euros and caused similar amounts of property damage between 2022 and 2024.

As part of a day of police action carried out in several locations in the Netherlands, France and Germany, law enforcement also searched car rental companies whose vehicles had been used to flee crime scenes. This criminal network in particular was one of the first to use locations in France as hideouts and to rely on getaway cars rented from a French rental company. These raids led to the gathering of extensive evidence, thus facilitating broader, more logistical investigations into members.

For several years now, criminals have increasingly been using solid explosives, mainly derived from fireworks, to blow up ATMs. This has significantly increased the danger and collateral damage of their attacks. The criminals, who are often located in the Netherlands, take extreme risks and act unscrupulously, both at the scene of the crime and when escaping in high-powered vehicles. As the attacks are often carried out in residential areas, ATM explosions and subsequent high-speed escapes can cause serious damage to buildings and residents.

To combat this phenomenon, law enforcement agencies in the countries concerned are continuously expanding their cross-border collaboration. For this particular operation, Europol brought together Dutch, French and German investigators to work on intelligence and plan the coordinated day of action. A Europol specialist with a mobile office was sent to the coordination centre to cross-check the operational results against Europol’s databases.

_____

Aquest apunt en català / Esta entrada en español / Post en français