Statewatch News Online, 23 February 2012 (4/12)

012 — Home page: http://www.statewatch.org/
e-mail: office@statewatch.org

NEW: Statewatch launches online historical archive of EU Justice and Home Affairs documents: 1976-2000 (Press release):
012/feb/sw-semdoc-II-prel.pdf
Unique online archive of over  4,500 official documents (rising to over 6,500 by the end of 2012)
Link to: JHA archive – EU Justice and Home Affairs documents from 1971 onwards: http://www.statewatch.org/semdoc/index.php?id=1143

1.    EU-USA:DATA PROTECTION AGREEMENT: PROTECTING THE RIGHTS OF EU CITIZENS?
2.    EU: EUROPOL: No to computer-aided profiling and search from Europol!
3.    EU: Council of the European Union: Draft Conclusions strengthening of political governance in the Schengen cooperation
4.    EU: European Parliament: Hungary should respect the EU‘s basic values, say MEPs
5.    EU: THE FUTURE FOR DRIVING LICENCES?
6.    UK: Crown Prosecution Service: Hate crime and crimes against older people report
7.    EU: EP and Council deal on MEP access to classified information
8.    ECJ: European Court of Justice: The owner of an online social network cannot be obliged to install a general filtering system
9.    EU: Council of the European Union: Security of information agreement between the EU and NATO
10.  ECJ-ACCESS TO DOCUMENTS: Judgment
11.  EU-BULGARIA: European Commission: INTERIM REPORT
12.  European Parliament: Draft Report: on the right of access to a lawyer in criminal proceedings
13.  EU-EUROSUR: European Commission: Proposal
14.  EU: Council of the European Union: Outcome of the JHA Heads of Agencies and CSDP/European Union Police Force Training (EUPFT)
15.  European Parliament Studies: EMN Synthesis Report: Satisfying labour demand through migration
16.  EU: European Data Protection Supervisor (EDPS): Review of EU financial markets legislation on data protection
17.  EU-USA: CUSTOMS
18.  ECJ: The European Parliament is taking the Council of the European Union to the European Court of Justice
19.  EU: European Data Protection Supervisor (EDPS): EDPS lack of compliance of several EU institutions with Video-Surveillance Guidelines
20.  UK: EU-USA PNR AGREEMENT: UK opt-in Letter
21.  ECHR: First-time asylum seeker was not given effective remedy under fast-track procedure
22.  EU: Meijers Committee: Note on Entry Ban and the SIS-alert: an urgent need for legislative measures
23.  EU: ACCESS TO DOCUMENTS REGULATION: Secretive talks on access rules
24.  Spying on Europe’s farms with satellites and drones
25.  EU-GREECE: Greeks build fence to ward off asylum seekers

1. EU-USA:DATA PROTECTION AGREEMENT: PROTECTING THE RIGHTS OF EU CITIZENS? Council of the European Union: EUUS data protection negotiations during 2011: 012/feb/eu-council-usa-dp-agreement-2011-5999-12.pdf

“the US side has a mandate for an “Executive agreement” that does not change existing US law, nor create any new rights” ….”The US has rejected the idea to apply the agreement also to data transferred from private parties in the EU to private parties in the US and subsequently processed for law enforcement purposes by US competent authorities.”

See Statewatch‘s Observatory on: EU-USA general agreement on data protection and the exchange of personal data:
http://www.statewatch.org/Targeted-issues/EU-USA-dp-agreement/eu-usa-dp-info-exchange-agreement.htm

2. EU: EUROPOL: No to computer-aided profiling and search from Europol!:
012/feb/eu-profiling-and-europol-question.pdf

3.  EU: Council of the European Union: Draft Council Conclusions regarding the establishment of a procedure for the strengthening of political governance in the Schengen cooperation: “The Mixed Committee, made up of the EU Member States and the Schengen associated States, should provide the necessary political guidance for the Schengen area.” The “Mixed Committee” is comprised of the 27 EU states plus Norway, Switzerland and Iceland, its decisions are not made in public:
012/feb/eu-council-draft-conclusion-schengen-governance-6332-rev1-12.pdf

4.  EU: European Parliament: Hungary should respect the EU‘s basic values, say MEPs (Press release):
012/feb/ep-hungary-eu-principles-prel.pdf

5.  EU: THE FUTURE FOR DRIVING LICENCES? European Data Protection Supervisor (EDPS): Merging professional drivers’ driving licence with their driver card is not fully in line with data protection principles (Press release):012/feb/eu-edps-driving-licences-prel.pdf “Giovanni Buttarelli, Assistant EDPS, states: “We seriously doubt about the necessity and the proportionality of such a measure, which has yet to be demonstrated. A consistent approach is needed from the legislator to ensure that the development of any measures concerning drivers’ data is done in full respect of data protection principles”. and Full-text of EDPS Opinion: 012/feb/eu-edps-driving-licences-opinion.pdf

6. UK: Crown Prosecution Service: Hate crime and crimes against older people report:
012/feb/uk-cps-hate-crime-report.pdf

and see: Racist Britain’ fears fuelled as hate crime prosecutions rise – Hate crime prosecutions have risen ten per cent sparking fears that discrimination is increasing in Britain (Metro, link): http://www.metro.co.uk/news/890333-racist-britain-fears-fuelled-as-hate-crime-prosecutions-rise

7. EU: European Parliament and the Council of the European Union deal on access to classified information: Draft Interinstitutional Agreement between the European Parliament and the Council concerning the forwarding to and handling by the European Parliament of classified information held by the Council on matters other than those in the area of the Common Foreign and Security Policy:
012/feb/eu-council-ep-classinfo-deal-6590-12.pdf

This is the final deal awaiting the parliament’s formal agreement. The deal covers not just TOP SECRET, SECRET and CONFIDENTIAL DOCUMENTS but also RESTRICTED documents the definition of which is defined as: “This marking is applied to information and material the unauthorised disclosure of which could be disadvantageous to the interests of the European Union or of one or more of the Member States.” (emphasis added). There is always the temptation open to officials to push a “LIMITE” document, which is not a classified document, up to the “RESTRICTED” level to deny access as this could be “disadvantageous” and lead to a public debate.

The deal also gives EU agencies, like FRONTEX, the same powers as Member States to veto access being given to their documents. Access will require “the prior written consent of the originator” – such a power should not be available to agencies.

Overall the deal would allow “security-cleared” MEPs to have access to classified documents but they would not be able to make copies or take notes: infotmastion from the documents cannot “be disclosed to persons other than those to whom access has been granted”. MEPs would have to make a “solemn declaration of non-disclosure”.

8.  ECJ: European Court of Justice: The owner of an online social network cannot be obliged to install a general filtering system, covering all its users, in order to prevent the unlawful use of musical and audio-visual work (Press release):
012/feb/ecj-filtering-internet-sites-prel.pdf

and Judgment – full-text: 012/feb/ecj-filtering-internet-sites-judgment.pdf

And see: EU court rules social networks cannot police downloads (euobserver, link):  http://euobserver.com/871/115291

9.  EU: Council of the European Union: Security of information agreement between the EU and NATO – Exchange of notes verbales between the General Secretariat of the Council and NATO:  012/feb/eu-nato-council-exchange-info-6201-12.pdf

This exchange of letters confirms the continuing cooperation on the exchange of classified information between the EU and NATO. It sets out that the agreement also extends to the European External Action Service (EEAS), created under the Lisbon Treaty, and to the following bodies – Crisis management and planning directorate (CMPD), the Civilian planning and conduct capability (CPCC), EU Situation Centre (SITCEN) and the EU Military Staff (EUMS) – now part of the EEAS and which were formerly part of the General Secretariat of the Council.

10. ECJ-ACCESS TO DOCUMENTS: Judgment. The case concerned the Federal Republic of Germany telling the the Commission that it objected to access being granted to documents concerning infringement procedures.The Commission granted access to the documents and Germany took this case to the European Court of Justice. Sweden, Denmark and Finland supported the Commission position. “The principal submission made by the Federal Republic of Germany is in essence that, by failing to respect the objection of that Member State to disclosure of the documents at issue, the Commission exceeded its powers of review.” The Court found in favour of the Commission: 012/feb/ecj-judgment-feb-12.pdf

11.  EU-BULGARIA: European Commission: INTERIM REPORT: On Progress in Bulgaria under the Co-operation and Verification Mechanism covering: judiciary, organised crime and corruption: 012/feb/eu-com-bulgaria-report.pdf

12. European Parliament: Draft Report: on the proposal for a directive of the European Parliament and of the Council on the right of access to a lawyer in criminal proceedings and on the right to communicate upon arrest (7.2.12):
012/feb/ep-draft-report-crim-proceedings.pdf

13. EU-EUROSUR: European Commission: Proposal for a Regulation Establishing the European Border Surveillance System (EUROSUR):
012/feb/eu-com-eurosur-regulation-com-873-11.pdf

Impact Assessment  accompanying the Proposal for a Regulation establishing the European Border Surveillance System (EUROSUR) (SEC 1536):
012/feb/eu-com-eurosur-regulation-sec-1536-11.pdf

and Annex (SEC 1538): 012/feb/eu-com-eurosur-regulation-sec-1538-11.pdf

14.  EU: Council of the European Union:

– Outcome of the JHA Heads of Agencies Meeting on 24 November 2011: The proposals for Justice and Home Affairs activities for 2012-2013 include six areas where cooperation between agencies could be “further enhanced” including: “the exchange of personal data amongst the agencies” The “Agencies” at this meeting were: Europol, CEPOL, Frontex, FRA, European Commission DG Justice and DG Home Affairs, OLAF, EMCDDA, Sitcen, GCS (General Secretariat of the Council). The Commission has just proposed a new Directive on the exchange of personal data by law enforcement agencies but not all of the above agencies are “law enforcement agencies” – there is clearly a need for an additional new Directive to cover their activities in exchanging personal data: 
012/feb/eu-council-cosi-jha-agency-heads-24-11-11-18075-11.pdf

– Lessons and best practices for CSDP from the European Union Police Force Training (EUPFT) 2008-2010 (28 pages): This is a report from the European External Action Service (EEAS) to the Political and Security Committee (PSC) seeking on influence police training in the EU according to the needs of the “external dimension”: 
012/feb/eu-eeas-csdp-police-training-2008-2010-18536-11.pdf

– Scorecard – Implementation of the JHA Agencies report: 
012/feb/eu-council-cosi-agencies-scoreboard-18077-11.pdf

15.  European Parliament Studies: EMN Synthesis Report: Satisfying labour demand through migration: 
012/feb/ep-study-labour-demand-and-migration.pdf

And Does it help or hinder? Promotion of Innovation on the Internet and Citizens’ Right to Privacy by RAND (Europe):
012/feb/ep-study-internet-privacy.pdf

16. EU: European Data Protection Supervisor (EDPS): Review of EU financial markets legislation has a significant impact on data protection (Press release):
012/feb/edps-financial-markets-dp-prel.pdf

See also: Associated Opinions (link): http://www.edps.europa.eu/EDPSWEB/edps/cache/off/Consultation/OpinionsC/OC2012

17.  EU-USA: CUSTOMS: European Data Protection Supervisor (EDPS): Opinion: Proposal for a Council decision on a Union position within the EUUS Joint Customs Cooperation Committee regarding mutual recognition of the Authorised Economic Operator Programme of the European Union and the Customs-Trade Partnership Against Terrorism Program of the United States:012/feb/edps-eu-usa-customs-opinion.pdf

18. ECJ: The European Parliament is taking the Council of the European Union to the European Court of Justice: Action brought on 21 December 2011 European Parliament v Council of the European Union to: “annul Council Decision 2011/640/CFSP of 12 July 2011 on the signing and conclusion of the Agreement between the European Union and the Republic of Mauritius on the conditions of transfer of suspected pirates and associated seized property from the European Union-led naval force to the Republic of Mauritius and on the conditions of suspected pirates after transfer.”: 012/feb/ep-ecj-council-mauritius-agreement.pdf

19. EU: European Data Protection Supervisor (EDPS): EDPS outlines lack of compliance of several EU institutions and bodies with Video-Surveillance Guidelines (Press release: 012/feb/edps-cctv-follow-up-prel.pdf

and Follow-up Report to the 2010 EDPS Video-Surveillance Guidelines: “the EDPS is disappointed to see that the implementation of the Guidelines has been put on hold or significantly delayed in several institutions.” 012/feb/edps-cctv-follow-up-report.pdf

20.  UK: EU-USA PNR AGREEMENT: UK opt-in Letter: 012/feb/uk-eu-usa-pnr-opt-in-6351-12.pdf

21.  ECHR: First-time asylum seeker was not given effective remedy under fast-track procedure for examination of his case (Press release):
012/feb/echr-judgment-im-v-france.pdf

22.  EU: The Standing Committee of experts on international immigration, refugee and criminal law (Meijers Committee): Note on the coordination of the relationship between the Entry Ban and the SIS-alert: an urgent need for legislative measures:012/feb/eu-meijers-cttee-note-on-the-coordination.pdf

23.  EU: ACCESS TO DOCUMENTS REGULATION: Secretive talks on access rules (Wobbing.eu, link): “Nicolai Wammen, minister of European affairs (Social Democrat) explains in a diplomatic language: ”Negotiations will be very difficult. There are very different positions in this case, both within the Council and the Parliament. As I see it the only way forward is to show a pragmatic and realistic approach. We are no having talks with all actors and we encourage forcefully to show flexibility and a will to compromise.” This might look lika an undramatic mumbo-jumbo talk. But the statement confirms that the presidency have had bilateral talks with all member states even before the formal discussions in the Council has begun: http://www.wobbing.eu/news/secretive-talks-access-rules

24. Spying on Europe’s farms with satellites and drones (BBC News, link): “Ben Hayes of the campaign group Statewatch worries that Europe is rushing into the use of drones without sufficient public discussion. “We would accept the argument that there are lots of things they can be useful for, but … the questions about what is acceptable and how people feel about drones hovering over their farmland or their demonstration – these debates are not taking place”:
http://www.bbc.co.uk/news/world-europe-16545333

25.  EU-GREECE: Greeks build fence to ward off asylum seekers (euobserver, link): “European Commission on Tuesday (7 February) said the fence is a national issue. But it also poured scorn on the project. “Fences and walls are short-term solutions to measures that do not solve the problem. The EU is not and will not co-finance this fence … It is pointless,” a spokesman for home affairs commissioner Cecilia Malmstrom told press in Brussels”:
http://euobserver.com/9/115161
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