Statewatch News Online,No 2 of 2: 13 June 2011 (16/11)

13 June 2011 — Statewatch – e-mail: office@statewatch.org

STATEWATCHING EUROPE: Civil Liberties, the state and the European Union Saturday 25 June 2011 (10.00-17.30)
Conway Hall, Red Lion Square, London WC1R 4RL
Programme and Registration form: http://www.statewatch.org/conference/conference.pdf
Book Online: http://www.statewatch.org/ordering/order.html
  1. EU: EUROPEAN INVESTIGATION ORDER (EIO): Scope and UK
  2. EU: Directive on the right to information in criminal proceedings: State of Play after the Trilogue
  3. EU: Council of the European Union: Intra-corporate transferees and Seasonal workers
  4. EU: Council of the European Union: Readmission, migration and travel documents
  5. EU: TRAFFICKING: Council of the European Union
  6. EU: SINGLE PERMIT FOR THIRD COUNTRY NATIONALS: Multi-column document: “trilogue” discussion
  7. EU: European Commission: Immigration and asylum
  8. EU: European Commission: Establishment of a “Preconfiguration team” of a CERT
  9. EU: MANDATORY DATA RETENTION: Working Group on Data Retention
  10. EU: EUROPEAN ARREST WARRANT (EAW) FIGURES
  11. EU: UN Report of the Special Rapporteur: the right to freedom of opinion and expression, Frank La Rue
  12. EU: Council of the European Union: proposal for a Directive on the right to information in criminal proceedings
  13. UK: Home Affairs Select Committee report: The work of the UK Border Agency
  14. FINLAND: Anti-racism campaigners slam Finnish colour-coded ID cards
  15. EU: MANDATORY DATA RETENTION OF ALL TELECOMMUNICATIONS
  16. ITALY-GENOA: AED – EDL Conference: Genoa 2001-2011: Ten Years of attacks on fundamental rights
  17. EU: Draft Directive on sexual abuse and child exploitation: Multi-column document
  18. EU: Council of the European Union: 1st reading deal on creation of EU IT Agency after 8 secret trilogue meetings

1. EU: EUROPEAN INVESTIGATION ORDER (EIO): Council of the European Union: Initiative of the Kingdom of Belgium, the Republic of Bulgaria, the Republic of Estonia, the Kingdom of Spain, the Republic of Austria, the Republic of Slovenia and the Kingdom of Sweden for a Directive regarding the European Investigation Order in criminal matters – Follow-up document of the meetings of the CATS on 18 May 2011 (EU do no: 10540-11):
http://www.statewatch.org/news/2011/jun/eu-council-eio-10540-11.pdf

Draft Article 3 says: “The EIO shall cover any investigative measure” to which there is a Footnote:

“All delegations, except UK which entered reservation on this issue, have also agreed that all forms of interception of telecommunications are covered by the Directive and specific provisions will be introduced in Chapter IV. UK questioned whether the inclusion of provisions related to undercover agents falls within the scope of this Directive.” (emphasis added)

In a later version of the proposal which is being submitted to COREPER (the high-level committee of permanent member state representations based in Brussels): EU doc no: 10749-11 (pdf) the UK reservation has disappeared and it now says:
http://www.statewatch.org/news/2011/jun/eu-council-eio-10749-11.pdf

“The experts confirmed the objective of setting broad scope of the Directive, and, in particular to include all forms of interception of telecommunications and under covered agents.” (emphasis added)

and on Scope: “It has been noted that the EIO is designed for obtaining evidence in criminal proceedings, but it may also cover some administrative proceedings having a criminal dimension” (epmhasis added)

Tony Bunyan, Statewatch Director comments: “In plain English the Scope of the EIO will cover the gathering or exchanging of existing evidence on alleged crime or “administrative proceedings having a criminal dimension,” including the use of search,seizure, covert and intrusive surveillance.”

See: EU: Welcome to the new world of the interception of telecommunications:
http://www.statewatch.org/news/2011/may/03eu-interception.htm

2. EU: Directive on the right to information in criminal proceedings: State of Play after the Trilogue held on 30-5-2011:
http://www.statewatch.org/news/2011/jun/eu-ep-council-right-to-info-trilogue-mins-31-05-11.pdf

3. EU: Council of the European Union: Intra-corporate transferees and Seasonal workers:

– Intra-corporate transferees: Latest text with over 100 reservations by Member states: Proposal for a Directive on conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer:
http://www.statewatch.org/news/2011/jun/eu-council-intra-corporate-transferees-9602-11.pdf

– Intra-corporate transferees: Council Presidency’s: Revised response:
http://www.statewatch.org/news/2011/jun/eu-council-intra-corporate-transferees-10602-11.pdf

– Seasonal workers: Latest text with over 100 reservations by Member States: Proposal for a Directive on the conditions of entry and residence of third-country nationals for the purposes of seasonal employment:
http://www.statewatch.org/news/2011/jun/eu-council-seasonal-workers-10571-11.pdf

and Proposed changes from the Council Presidency:
http://www.statewatch.org/news/2011/jun/eu-council-seasonal-workers-10572-11.pdf

4. EU: Council of the European Union: Readmission, migration and travel documents

– Readmission: Council Conclusions defining the European Union strategy on readmission:
http://www.statewatch.org/news/2011/jun/eu-council-draft-conclusions-readmission-strategy-10543-rev1-11.pdf

and earlier draft: Communication from the Commission to the European Parliament and the Council on the Evaluation of EU Readmission Agreements – Draft Council Conclusions on the EU strategy on readmission:
http://www.statewatch.org/news/2011/jun/eu-council-draft-conclusions-readmission-strategy-10263-11.pdf

– Migration: Draft Council Conclusions on Borders, Migration and Asylum:
http://www.statewatch.org/news/2011/jun/eu-council-draft-conclusions-migration-10782-11.pdf

– Travel documents: multi-column “trilogue” between the Council and the European Parliament nearing 1st reading deal: Draft Decision of the European Parliament and of the Council on the list of travel documents entitling the holder to cross the external borders and which may be endorsed with a visa and on setting up a mechanism for establishing this list:
http://www.statewatch.org/news/2011/jun/eu-council-travel-docs-9717-11.pdf

5.  EU: TRAFFICKING: Council of the European Union:

Action-Oriented Paper on strengthening the EU external dimension on action against trafficking in human beings – first implementation report/update of information on Member States’ external action (164 pages, pdf). Contains detailed of action taken Member State by Member State:
http://www.statewatch.org/news/2011/jun/eu-council-trafficking-action-oriented-paper-9501-rev3-11.pdf

6. EU: SINGLE PERMIT FOR THIRD COUNTRY NATIONALS: Multi-column documents covering the Council and European Parliament “trilogue” discussion on the: Proposal for a Directive of the European Parliament and of the Council 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 State. Gives the original Commission proposal, the Council and parliament positions and the “Compromise” positions:
http://www.statewatch.org/news/2011/jun/eu-council-ep-trilogue-multicolumn-single-permit-20-may-11.pdf

7. EU: European Commission:

– Proposal for a Regulation amending Council Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (COM 290):
http://www.statewatch.org/news/2011/jun/eu-com-visa-list-countries-com-290-11.pdf

– Annual Report on Immigration and Asylum (2010) (COM 291):
http://www.statewatch.org/news/2011/jun/eu-com-annual-report-migration-asylum-2010-com-291-11.pdf

– Staff Working Paper: Accompanying the document: Annual Report on Immigration and Asylum (2010) (SEC 620):
http://www.statewatch.org/news/2011/jun/eu-com-annual-report-migration-asylum-2010-sec-620.pdf

8. EU: European Commission: Establishment of a “Preconfiguration team” of a CERT (Computer Emergency Response Team) for EU institutions, bodies and agencies:
http://www.statewatch.org/news/2011/jun/eu-council-cert-preconfiguration-team-10539-11.pdf

9. EU: MANDATORY DATA RETENTION: Working Group on Data Retention: Impossible to Ensure Legality of EU Communications Data Retention Directive Says German Parliament: http://www.statewatch.org/news/2011/jun/eu-mand-ret-wp-on-dp-prel.pdf

10. EU: EUROPEAN ARREST WARRANT (EAW) FIGURES: Council of the European Union: Replies to questionnaire on quantitative information on the practical operation of the European arrest warrant – Year 2010:
http://www.statewatch.org/news/2011/jun/eu-council-eaw-2010-9120-11.pdf

The EU Member States issuing the highest number of EAWs were: Germany: 2096; Romania: 2,000; Hungary: 1,015;  Spain: 566 and Belgium: 553. The highest number of EAWs received were: Spain: 1,544, Romania: 547; Belgium: 543 and Czech Republic 330. The highest number of refusal to execute EAWs by judicial authorities were: Romania: 168; Germany: 153; Poland: 71 and the Czech Republic: 51. No figures were provided by the UK.

11. EU: UN General Assembly: Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Frank La Rue:
http://www.statewatch.org/news/2011/jun/un-freedom-of-expression-hrc-17-27.pdf

12. EU: Council of the European Union: proposal for a Directive on the right to information in criminal proceedings: – Outstanding issues. Latest results from the “trilogue” with the European Parliament:
http://www.statewatch.org/news/2011/jun/eu-council-right-to-info-10978-11.pdf

13. UK: Home Affairs Select Committee report: The work of the UK Border Agency (November 2010 – March 2011):
http://www.statewatch.org/news/2011/jun/uk-hasc-uk-border-agency-report.pdf

14. FINLAND: Anti-racism campaigners slam Finnish colour-coded ID cards (euobserver, link): “European anti-racism campaigners have criticised moves by Finnish authorities to colour-code the country’s ID cards, with bright blue cards for native-born citizens and brown cards for all foreign nationals, calling the new scheme “legalised ethnic profiling”: http://euobserver.com/9/32431?print=1

15. EU: MANDATORY DATA RETENTION OF ALL TELECOMMUNICATIONS: European Data Protection Supervisor (EDPS): Evaluation shows that the Data Retention Directive does not meet privacy and data protection requirements, says EDPS:Press release:
http://www.statewatch.org/news/2011/may/edps-opinion-eu-mand-ret-dir-prel.pdf

and Opinion: http://www.statewatch.org/news/2011/may/edps-opinion-eu-mand-ret-opinion.pdf

“After careful analysis of the Evaluation Report, the EDPS takes the view that the Directive does not meet the requirements imposed by the fundamental rights to privacy and data protection, mainly for the following reasons:

– the necessity for data retention as provided in the Directive has not been sufficiently demonstrated;
– data retention could have been regulated in a less privacy-intrusive way;
– the Directive leaves too much scope for Member States to decide on the purposes for which the data might be used, and also for establishing who can access the data and under which conditions.”

16. ITALY-GENOA: European Democratic Lawyers (AED – EDL) and European Association of Lawyers for Democracy and World Human Rights (ELDH)
Conference: Genoa 2001-2011: Ten Years of attacks on fundamental rights – the role of lawyers (link):
http://www.eldh.eu/de/termine/termin/genoa-2001-2011-69/

and Programme: http://www.statewatch.org/news/2011/jun/genoa-conferene-jul-11.pdf

17. EU: Draft Directive on sexual abuse and child exploitation: Multi-column document from the Council of the European Union on state of 1st reading (secret) “trilogue” showing the Original Commission proposal and the positions of the Council and the European Parliament and the proposed “compromise”: Working Document: Proposal for a Directive on combating the sexual abuse, sexual exploitation of children and child pornography, repealing Framework Decision 2004/68/JHA (DS doc no: 1114-REV6-11): http://www.statewatch.org/news/2011/may/eu-council-trilogue-child-abuse-multi-column-ds1114-rev6-11.pdf

Note to the European Parliament by the Council as requested at the trilogue meeting of 25 May 2011:
http://www.statewatch.org/news/2011/may/eu-council-trilogue-child-abuse-note-from-council.pdf

and Note from NGOs:
http://www.statewatch.org/news/2011/may/eu-council-trilogue-child-abuse-note-from-ngos.pdf

18. EU: Council of the European Union: 1st reading deal on creation of EU IT Agency after 8 secret trilogue meetings between the Council and the European Parliament: Proposal for a Regulation on establishing an Agency for the operational management of large-scale IT systems in the area of freedom, security and justice – Possible agreement with the EP: http://www.statewatch.org/news/2011/may/eu-council-1st-reading-deal-it-agency-10827-11.pdf
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Statewatch: Monitoring the state and civil liberties in Europe
PO Box 1516, London, N16 0EW. UK
tel: +44(0)20-8802-1882; fax: +44(0)20-8880-1727
http://www.statewatch.org

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