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1.   DUTCH PRISON FOR BELGIANS: Under the European Arrest Warrant
2.   EU: “Fishing expeditions” for fingerprints leads to limits being imposed
3.   EU Security Research: “NeoConOpticon” blog updated
4.   UK: Joint Human Rights Committee: Annual Renewal of Control Orders
5.   France/Algeria: Joint maritime surveillance and security operation
6.   EU: European Commission proposal to amend the Frontex Regulation
7.   France/Italy: “One day without us”, day of struggle in support of migrants’
8.   EU: Directive on single permit and workers’ rights
9.   EU: Justice and Home Affairs Council meeting, Brussels, 25-26 February 2010
10. CHIP & PIN: Article
11. UK: Operation of police powers under the Terrorism Act 2000
12. EU: The first 1st reading “deal” of the new parliamentary session
13. Council of Europe: The future of the European Court of Human Rights
14. EU: FRONTEX: Frontex Programme of Work 2010
15. EU: Leaked ACTA draft reveals plans for internet clampdown
16. CIA RENDITION: Poland: fresh evidence of cooperation
17. EU setting up intelligence “agency”
18. USA: GOOGLE: EPIC urges Court to reject Goggle Books settlement
19. EU AGENCIES: the heads of the 28 EU agencies met with the Commission
20. USA-NO FLY LIST: Terrorists, US Immigration, and a Canceled Tour
21. EU: European Commission: Implementation of Article 290 of the Treaty
22. EU: European Commission proposal on aviation security

1. DUTCH PRISON FOR BELGIANS: Under the European Arrest Warrant and the and the Convention on Mutual Assistance in Criminal Matters of 29 May 2000: EU doc no: 6921/10): www.statewatch.org/news/2010/mar/belgium-netherlands-eaw-prison-6921-10.pdf

“1 February 2010 saw the entry into force of an agreement between the Kingdom of the Netherlands and the Kingdom of Belgium, under which the Netherlands puts at the disposal of Belgium a prison situated on Dutch territory (in Tilburg) for the purpose of enforcing Belgian sentences according to the rules of Belgian law.”

2. EU: PRUM FRAMEWORK DECISION ON FINGERPRINTS: “Fishing expeditions” by large Member States leads to limits being imposed on automated searches for fingerprints on other states’ national databases: In 2008 the Council of the European Union’s Ad Hoc Group on Information Exchange urged restraint on the number of searches:

“The varying scale of national databases, partly linked to population size, has led experts to doubt whether the databases of the less-populated States are able to deal with other States’ searches. At times there are even concerns that databases may be damaged by overwhelming search volumes.” (EU doc no:14885/rev1/08):
www.statewatch.org/news/2010/mar/eu-prum-fingerprint-databases-1485-rev1-08.pdf

As this has not worked the Ad Hoc Group on Information Exchange has now laid down limits on the number of searches to be carried out: EU do no: 5860 rev1/10 (pdf). The big “offenders” would seem to be Germany, Spain and Italy (not figures given for the UK):
www.statewatch.org/news/2010/mar/eu-prum-limited-searches-5860-rev1-10.pdf

3. EU Security Research: “NeoConOpticon” blog updated, see:

a) BAE Systems awarded EU contract to develop organised crime database:
neoconopticon.wordpress.com/2010/03/02/bae-sciims-project/

b) Droning on: more funding for covert EU unmanned aerial vehicle programme:
neoconopticon.wordpress.com/2010/02/28/droning-on-more-funding-for-covert-eu-unmanned-aerial-vehicle-programme/

c) Governed by robots: ?Border Security 2010′ and ?towards e-borders?:
neoconopticon.wordpress.com/2010/02/27/governed-by-robots-border-security-2010-and-towards-e-borders/

4. UK: Parliamentary Joint Human Rights Committee report: Annual Renewal of Control Orders Legislation 2010:
www.statewatch.org/news/2010/mar/uk-jhrc-control-orders-report.pdf

5. France/Algeria: Joint maritime surveillance and security operation
www.statewatch.org/news/2010/mar/01france-algeria.htm

6. EU: European Commission proposal to amend the Frontex Regulation: Proposal for a Regulation amending Council Regulation (EC) No 2007/2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (FRONTEX):
www.statewatch.org/news/2010/mar/eu-com-frontex-amend-com-61.pdf

plus Impact Assessment (SEC 149):
www.statewatch.org/news/2010/mar/eu-com-frontex-amend-ia-sec-149.pdf

and Summary of IA (SEC 150):
www.statewatch.org/news/2010/mar/eu-com-frontex-amend-ia-sec-149-summary.pdf

7. France/Italy: “One day without us”, day of struggle in support of migrants’ rights on 1 March 2010:
www.statewatch.org/news/2010/feb/03france-migrnts-1-march-10.htm

See also: France Urges EU to Tighten Mediterranean Borders (Inter Press Service, link):
ipsnews.net/news.asp?idnews=50491

8. EU: Latest text, Directive on single permit and workers’ rights: Proposed Directive on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member Stateu-single-permit:
www.statewatch.org/news/2010/feb/eu-single-permit.pdf

9. EU: Justice and Home Affairs Council meeting, Brussels, 25-26 February 2010: Press release:
www.statewatch.org/news/2010/feb/eu-jha-council-25-feb-10-prel.pdf

and Council conclusions on 29 measures for reinforcing the protection of the external borders and combating illegal immigration:
www.statewatch.org/news/2010/feb/eu-jha-council-feb-10-external-borders-conclusions.pdf

– “B” Agenda: www.statewatch.org/news/2010/feb/eu-jha-council-25-26-feb-10-b-points-agenda.pdf
– “A” Points agenda: Legislative: www.statewatch.org/news/2010/feb/eu-jha-council-25-26-feb-10-a-points.pdf
– “A” Points agenda: non-legislative: www.statewatch.org/news/2010/feb/eu-jha-council-25-26-feb-10-a-points-non-legislative.pdf

See: Draft Internal Security Strategy for the European Union: “Towards a European Security Model:
www.statewatch.org/news/2010/feb/eu-int-sec-strategy-5842-rev2-10.pdf

plus Press release on adoption of ISS
www.statewatch.org/news/2010/feb/eu-council-int-sec-prel.pdf

and see: Statewatch: EU state gears up for action: Internal Security Strategy & the Standing Committee on Internal Security (COSI)
www.statewatch.org/news/2010/feb/02iss-cosi.htm

10. CHIP & PIN: Article by Steven J. Murdoch, Saar Drimer, Ross Anderson, Mike Bond: University of Cambridge, Computer Laboratory, Cambridge, UK Chip and PIN is broken: www.statewatch.org/news/2010/feb/chip-and-pin-broken.pdf

11. UK: Operation of police powers under the Terrorism Act 2000 and subsequent legislation: Arrests, outcomes and stops & searches Quarterly update to September 2009: www.statewatch.org/news/2010/feb/uk-terr-act-arrests-etc-figs.pdf

Of 201 people arrested under the Terrorism Act 2000 in the year to September 2009, 42 were arrested for non-terrorist offences and 96 were released without charge.

12. EU: The first 1st reading “deal” of the new parliamentary session between the Council of the European Union and the European Parliament: Draft Regulation of the European Parliament and of the Council amending the Convention Implementing the Schengen Agreement and Regulation (EC) No 562/2006 as regards movement of persons with a long-stay visa – Analysis of the final compromise text with a view to an agreement at first reading:
www.statewatch.org/news/2010/feb/eu-long-stay-visas-deal-6569-10.pdf

and the report from the Civil Liberties Committee (LIBE): REPORT on the proposal for a regulation of the European Parliament and of the Council amending the Convention Implementing the Schengen Agreement and  Regulation (EC) No 562/2006 as regards movement of persons with a longstay visa:
www.statewatch.org/news/2010/feb/eu-long-stay-visas-deal-libe-report.pdf

13. Council of Europe: The future of the European Court of Human Rights: Reform of the European Court of Human Rights: joint declaration reached in Interlaken (Press release: www.statewatch.org/news/2010/feb/coe-interlaken-press-release.pdf

and High Level Conference on the Future of the European Court of Human Rights Interlaken Declaration:
www.statewatch.org/news/2010/feb/coe-interlaken-declaration.pdf

14. EU: FRONTEX: Frontex Programme of Work 2010 (4MB):
www.statewatch.org/news/2010/feb/eu-frontex-work-programme-6674-10.pdf

and see: Study on the feasibility of establishing specialised branches of Frontex:
www.statewatch.org/news/2010/feb/eu-frontex-branches-study-final-report.pdf

15. EU: Leaked ACTA draft reveals plans for internet clampdown – ISPs must snoop on subscribers or face being sued by content owners (Computerworld, link):
computerworld.co.nz/news.nsf/news/leaked-acta-draft-treaty-reveals-plans-for-internet-clampdown

Leaked Commission Note: www.statewatch.org/news/2010/feb/acta-leak-doc.pdf
and Leaked section of draft agreement: www.statewatch.org/news/2010/feb/acta-leaked-text.pdf

The EU (represented by the Commission) is taking part in negotiations on the drafting of an Anti-Counterfeiting Trade Agreement (ACTA). These negotiations were launched in 2007 amongst an initial group of interested parties and then continued with a broader group of participants; to date those include Australia, Canada, the European Union, Japan, Korea, Mexico, Morocco, New Zealand, Singapore, Switzerland and the United States,

See also: European Data Protection Supervisor (EDPS) highly critical of proposed Anti-Counterfeiting Trade Agreement (ACTA): Press Release:
www.statewatch.org/news/2010/feb/eu-edps-acta-agreement-prel.pdf

and Opinion: full-text:
www.statewatch.org/news/2010/feb/eu-edps-acta-agreement-opinion.pdf

16. CIA RENDITION: Polish authorities deny allegations of FOIA campaigners: Poland’s Ministry for Foreign Affairs denied statement of the Warsaw-based Helsinki Foundation for Human Rights and the Open Society Justice Initiative providing fresh evidence of cooperation between the Polish Government and the CIA on Renditions).

Documents: Polish Air Navigation Services Agency (PANSA) flight logs:
www.statewatch.org/news/2010/feb/poland-cia-flight-records.pdf

HFHR/OSJI Explanation of Rendition Flight Records released by the Polish Air Navigation Services Agency:
www.statewatch.org/news/2010/feb/poland-cia-flight-records-explanantion.pdf

17. EU setting up intelligence “agency”: The “Outcomes” (Minutes) of the Council’s Article 36 Committee Article 36 Committee (11 February 2010:
www.statewatch.org/news/2010/feb/eu-council-cats-6557-10.pdf

revealed that SITCEN (the EU’s Joint Situation Centre intelligence-gathering unit) is to be “integrated” into the new EU External Action Service (EAS). This is confirmed in the euobserver story: EU diplomats to benefit from new intelligence hub (link):
euobserver.com/9/29519

The Council of the European Union is planning to merge: SITCEN (110 seconded intelligence staff) which pools information, prepares reports and maintains 24/7 alert desk on open sources with two to three e-mails a day; the Watch-Keeping Capability (12 staff from police and armed forces) sends out alerts from the EU’s 23 police-military missions around the world; and the Crisis Room (6 staff) operates a secure website with open source news on the 118 “active conflicts” going on globally together reports from the Commission’s official 130 Delegations and offices based around the world.

Tony Bunyan, Statewatch editor, comments:

“Mr Solana, the Council previous High Representative for the Common Foreign and Security Policy, was always frustrated because European Commission Delegations (Embassies) could not collect and act on locally gathered intelligence. To try and plug the gap he transferred SITCEN from the WEU and set up his own network of eleven Special Representatives (EUSRs) in different regions of the world. Now the merging of SITCEN, the Watch-Keeping Capability and the Crisis Room under the EAS marks the beginnings of an fully-fledged EU intelligence agency.

We should be under no illusions. Despite the predictable denials it is only a matter of time before intelligence-gathering develops into intelligence-led operations with agents in the field acting to further and “protect” EU interests with its own version of MI6 or the CIA.”

18. USA: GOOGLE: EPIC urges Court to reject Goggle Books settlement: Leading Privacy Organisation Warns that Privacy Problems Cannot Be Fixed (pdf):
www.statewatch.org/news/2010/feb/usa-epic-release-google-books.pdf

19. EU AGENCIES: the heads of the 28 EU agencies met with the Commission. They have combined staff of more than 4,460 people and a combined budget of around 1.24 billion euro: Brochure: EU Agencies – the way ahead:
www.statewatch.org/news/2010/feb/eu-agencies.pdf

20. USA-NO FLY LIST: Terrorists, US Immigration, and a Canceled Tour (link):
www.pmpress.org/content/article.php/20100129101337126

The anarchist author Gabriel Kuhn was planning on visiting the United States in early March and staying until May speaking at several colleges, bookstores, and coffeehouses but “the words “Travel Not Authorized” appeared on my computer screen”

21. EU: European Commission: Communication from the Commission: Implementation of Article 290 of the Treaty on the Functioning of the European Union (COM 673/09): www.statewatch.org/news/2010/jan/eu-com-delegated-acts.pdf

Anyone trying to understand the effect of the Lisbon Treaty on the decision-making procedure needs to understand the use of Article 290 which allows the legislator to delegate to the Commission the power to adopt non-legislative acts of general application to supplement or amend certain non-essential elements of a legislative act.

22. EU: European Commission proposal on aviation security: Draft Commission Regulation amending Regulation (EC) No 272/2009 supplementing the common basic standards on civil aviation security:
www.statewatch.org/news/2010/feb/eu-com-liquids-ban-17098-09.pdf

“By 29 April 2013 all airports shall have the capability to screen liquids, aerosols and gels”. On Tuesday 16 February 2010 the Council decided not to oppose it.

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