Statewatch News Online, 10 December 2012 (21/12)

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

1.    EU Council of the European Union: COSI Operational plan & Schengen borders re-introduction
2,    EU: Justice and Home Affairs Council, 6-7 December 2012, Brussels: Final Press release, 6-7 December
3.    EU: Institute of Race Relations: Which way forward on racial profiling?
4.    CoE-CYPRUS: Council of Europe anti-torture committee criticises ‘continued’ ill treatment by police and prison overcrowding
5.    EU: Statewatch Analysis: The Common European Asylum System: State-of-play update
6.    EU: DATA PROTECTION REGULATION: EU urged to choose transatlantic convergence on data protection
7.    USA: Government Accountability Office (GAO): GUANTÁNAMO BAY DETAINEES
8.    EU: FREEZING ASSETS OF CRIME: Council of the European Union
9.    EP-GREECE-DETENTION-CENTRE: Letter from the European Parliament Green/EFA Group
10.  UK: Home Affairs Select Committee report: Powers to investigate the Hillsborough disaster
11.  EU: Council of the European Union: Migration Missions & Counter-terrorism
12.  NETHERLANDS: REMOTE ACCESS TO COMPUTERS: NGO “Open Letter”
13.  EU: EUROSUR: European Parliament “Orientation Vote”
14.  PORTUGAL: UN Human Rights Committee: UN concerned at detainees rights
15.  Germany: Secret service alleged to have spied on leftist MPs
16.  EU prepares new powers to freeze the funds of internal terrorists
17.  EU: Commission: 7th report on certain third countries’ maintenance of visa requirements in breach of the principle of reciprocity
18.  EU: Council presidency: Data protection package – Report on progress achieved under the Cyprus Presidency
19.  EU: European Commission report: Discrimination in the EU in 2012
20.  UK: Joint Committee on the Draft Enhanced Terrorism Prevention and Investigation Measures Bill report
21.  EU: REGULATION ON ACCESS TO EU DOCUMENTS: Council of the European Union
22.  EU: CLEAN IT: A questionnaire sent to the Terrorism Working Party of the Council of the EU on behalf of Clean IT by the Netherlands government
23.  EU: European police step up cooperation on technological research and development
24.  EU: Statewatch Analysis: The democratic accountability of the EU’s legislative approach
25.  EU: Council of the European Union: Manual on cross-border operations – national fact sheets
26.  EU-USA MUTUAL LEGAL ASSISTANCE
27.  EU: Parliamentary questions in Germany reveal further information on European police project aimed at enhancing covert investigative techniques
28.  EU: Strengthening Ties between CSDP and FSJ road map implementation – Progress report
29.  EU: Widespread implementation of the “principle of availability” further eases information exchange amongst European police forces
30.  Statewatch analysis: UK: Government’s “secret justice” Bill widely condemned
31   EU: Plans emerge for the collection of personal data outside European borders to obtain “comprehensive situational awareness and intelligence support”
32. EU: European Parliament study: The Citizens’ Right to Information – Law and Policy in the EU and its Member States

1.  EU Council of the European Union: COSI Operational plan & Schengen borders re-introduction

– OAPs: Operational Action Plans (2013) related to the EU‘s priorities for the fight against organised crime between 2011 and 2013:
012/dec/eu-council-cosi-operational-plans-16038-rev2-12.pdf

There is no mention of any role for the European Parliament and all the documents are “Restricted” and therefore not public. The key players are Member States who are the: OAP “Drivers”: West Africa (UK), Western Balkans (Italy), Illegal Immigration (Italy), Synthetic Drugs (Poland), Container smuggling (France), THB (trafficking in human beings) (UK), Mobile OC Groups (Belgium) and Cybercrime (Romania)

– SCHENGEN BORDERS REINTRODUCTION: Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 562/2006 in order to provide for common rules on the temporary reintroduction of border control at internal borders in exceptional circumstances – Revised draft compromise text. Revised draft “compromise” text compiled by the Council, taking into account the outcome of the “informal” trilogues (with the European Parliament) which took place in October and November: 012/dec/eu-council-schengen-reintrod-controls-6161-rev5-12.pdf

2, EU: Justice and Home Affairs Council, 6-7 December 2012, Brussels: Final Press release, 6-7 December: 
012/dec/eu-jha-council-6-7-dec-12-prel.pdf

See also: “B” Points Agenda (for discussion): 012/dec/eu-jha-council-b-points-6-7-dec-12.pdf
“A” Points Agenda – Legislative (adopted without discussion):012/dec/eu-jha-council-a-points-legislative-6-7-dec-12.pdf
“A” Points – Non-Legislative (adopted without discussion): 012/dec/eu-jha-council-a-points-non-legislative-6-7-dec-12.pdf

3.  EU: Institute of Race Relations: Which way forward on racial profiling? A review of the major development in initiatives against racial profiling in European policing (IRR News Service, link): http://www.irr.org.uk/news/which-way-forward-on-racial-profiling/

4. CoE-CYPRUS: Council of Europe anti-torture committee criticises ‘continued’ ill treatment by police and prison overcrowding in Cyprus (Press release, pdf) and Report to the Government of Cyprus on the visit to Cyprus carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) from 12 to 19 May 2008 (74 pages): 012/dec/coe-cyprus-report.pdf

5.  EU: Statewatch Analysis: The Common European Asylum System: State-of-play update by Steve Peers, Professor of Law, Law School, University of Essex:
http://www.statewatch.org/analyses/no-206-asylum-procedures.pdf

“It is too soon to say whether the amendment to the asylum procedures directive will be only a marginal improvement on the existing legislation, or a more substantial shift towards higher standards. However, the two recent developments mentioned above are both very unfortunate – the Member States failed (until now, at least) to agree to establish special procedural protection for those asylum-seekers who are in most need, and the EP foolishly passed up the Council’s offer to set a final time limit for all asylum decisions. Instead it suggested a possible indefinite wait for a decision – even as the Council was willing to accept the principle (rightly defended by the EP) of an absolute time limit! One can only hope that the EP’s negotiating skills improve sufficiently to ensure that the second-phase Directive entails a solid improvement in this field, in order to guarantee that asylum applications are examined fairly across the European Union.”

6.  EU: DATA PROTECTION REGULATION: EU urged to choose transatlantic convergence on data protection (euractiv, link): 
http://www.euractiv.com/print/infosociety/eu-urged-choose-data-protection-news-516449?utm_source=EurActiv%20Newsletter&utm_campaign=98829425c7-newsletter_daily_update&utm_medium=email

“As MEPs get closer to finalising draft reports on reforming EU data protection legislation, America’s top diplomat told an experts’ conference that Europe should overcome its misconceptions and stereotypes to find regulatory convergence with the US to pave the way for an interoperable transatlantic data-privacy system.” Comment: the USA has consistently, since 2001, refused to consider amending its laws to meet EU standards.

See also: Patriot Act can “obtain” data in Europe, researchers say (CBS News, link): “European data stored in the “cloud” could be acquired and inspected by U.S. law enforcement and intelligence agencies, despite Europe’s strong data protection laws, university researchers have suggested”: 
http://www.cbsnews.com/8301-205_162-57556674/patriot-act-can-obtain-data-in-europe-researchers-say/

See Cloud Computing in Higher Education and Research Institutions and the USA Patriot Act:
http://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID2181534_code1819062.pdf?abstractid=2181534&mirid=1

7.  USA: Government Accountability Office (GAO): GUANTÁNAMO BAY DETAINEES: Facilities and Factors for Consideration If Detainees Were Brought to the United States:012/dec/usa-gao-guantanamo.pdf

8.  EU: FREEZING ASSETS OF CRIME: Council of the European Unio n: Proposal for a Directive of the European Parliament and of the Council on the freezing and confiscation of proceeds of crime in the European Union [first reading] – General approach. The current position of the Council: 
012/dec/eu-council-freezing-of-assets-17117-12.pdf

9. EP-GREECE-DETENTION-CENTRE: Letter from the European Parliament Green/EFA Group to the: Minister of Public Order and Citizen Protection (pdf):
“Amygdaleza “The five star Detention Centre”: Green MEPs visit detention centre in Attica, Greece:
012/dec/ep-greens-greece-letter.pdf

10.  UK: Parliamentary Home Affairs Select Committee report: Powers to investigate the Hillsborough disaster: interim Report on the Independent Police Complaints Commission: 012/dec/uk-hasc-hillsborough-ippc-interim-report.pdf

11.  EU: Council of the European Union: Migration Missions & Counter-terrorism

– Guidelines for Migration Missions (14305-12)
012/nov/eu-council-%20guidelines-migration-missions-14305-12.pdf

– Annual report on the implementation of the EU Counter-Terrorism Strategy (16471-ADD2-12)
012/nov/eu-council-ct-report-16471-add2-12.pdf

12. NETHERLANDS: REMOTE ACCESS TO COMPUTERS: NGO “Open Letter” to government: Dutch plans to remotely conduct searches and delete data on foreign computers: Statewatch is one of 43 NGOs supporting this initiative:
012/dec/netherlands-letter-remote-searches.pdf

See also: Statewatch Analysis: EU agrees rules for remote computer access by police forces – but fails, as usual, to mention – the security and intelligence agencies 
http://www.statewatch.org/analyses/no-83-remote-computer-access.pdf

and Statewatch Analysis: State Trojans: Germany exports “spyware with a badge”:
http://www.statewatch.org/analyses/no-189-state-trojans.pdf

13.  EU: EUROSUR: European Parliament “Orientation Vote”: Result. The “Orientation Vote” sets out the parliament’s position on the Commission proposal as it prepares to enter “1st reading trilogue” meetings with the Council: 012/dec/ep-orientation-vote-on-eurosur.pdf 

See: 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

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

14. PORTUGAL: UN Human Rights Committee: UN concerned at detainees rights: 
012/dec/un-portugal.pdf

15. Germany: Secret service alleged to have spied on leftist MPs
012/nov/09ger-surveillance-leftist-mps.htm

16. EU prepares new powers to freeze the funds of internal terrorists:
012/nov/08uk-internal-terrorists.htm

17.  EU: Report from the Commission to the European Parliament and the Council: Seventh report on certain third countries’ maintenance of visa requirements in breach of the principle of reciprocity (COM(2012) 681 final):
012/nov/eu-discrimination-report-2012.pdf

18. EU: Council presidency: Data protection package – Report on progress achieved under the Cyprus Presidency – Proposal for a Regulation of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) – Proposal for a Directive of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data by competent authorities for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and the free movement of such data (16525/12): 012/nov/eu-council-dp-package-report16525-12.pdf

19. EU: European Commission report: Discrimination in the EU in 2012
012/nov/eu-discrimination-report-2012.pdf

20. UK: Joint Committee on the Draft Enhanced Terrorism Prevention and Investigation Measures Bill report: 
012/nov/uk-joint-committee-report-tpims.pdf

21.  EU: REGULATION ON ACCESS TO EU DOCUMENTS: The Council of the European Union has carried out a survey of Member States asking three questions. The first, and key, question concerns the definition of a “document” (Member States operate a different system based on the provision of “information”) and the so-called “space to think” (in order to keep documents secret in the decision-making process): Recast of Regulation (EC) No 1049/2001 regarding public access to European Parliament, Council and Commission documents – Discussion paper: 012/nov/eu-council-access-reg-16757-12.pdf
Tony Bunyan, Statewatch Director, comments:

“If anyone thought that EU Member States would provide examples of how to improve the Regulation of access to EU documents (1049/2001) this survey shows how wrong they are. For example, they operate systems based on the provision of “information” not that of access to documents – which has been in place in the EU for nearly 30 years. And they use very restrictive notions of the “space to think” including denying access where it would “give rise to misunderstandings”.”

22. EU: CLEAN IT: A questionnaire sent to the Terrorism Working Party of the Council of the European Union on behalf of Clean IT by the Netherlands government: Questionnaire to identify best practices used to limit Internet use by terrorists and extremists:
012/nov/eu-council-clean-it-dutch-delegation-pa.pdf

circulated to member states in the EU Terrorism Working Party. “Zero legislative or political impact on my work” (link to Tweet), said the EU Home Affairs Commissioner. Is she on top of her brief? https://twitter.com/MalmstromEU/status/250641266038173696

For background, see “CLEAN IT: the secret EU surveillance plan that wasn’t”:
http://www.opendemocracy.net/ben-hayes/clean-it-secret-eu-surveillance-plan-that-wasn%E2%80%99t

23. EU: European police step up cooperation on technological research and development:
012/nov/06enlets.htm

EU Member States’ police forces have reinforced their cooperation on technological research and development, with current “priority areas” including video surveillance automatically cross-referenced with database searches; new systems for covert listening; research into open source and instrumentation signals intelligence (OSINT and ISINT); and even, through “physical or electronic means”, the ability to stop vehicles remotely or to “prevent a stationary vehicle from moving”. The suggestions are made in a document put together by the European Network of Law Enforcement Technology Services (ENLETS), an initiative started by France and now led by a “core group” made up of Belgium, Greece, France, Cyprus, the Netherlands, Poland, Finland and the UK

24. EU: Statewatch Analysis: The democratic accountability of the EU’s legislative approach by Steve Peers, Professor of Law, University of Essex:
http://www.statewatch.org/analyses/no-203-eu-openness.pdf

The EU legislative process lacks the basic rudiments of openness and transparency and gives civil society and national parliaments little time to react to agreements made by the Council and European Parliament. This article suggests a revised Inter-Institutional Agreement to address these concerns.

25. EU: Council of the European Union: Manual on cross-border operations – national fact sheets (10554-4-09, dated 26.10.12, 481 pages):
012/nov/eu-council-manual-cross-border-cooperation-national-fact-sheet-10505-rev4-add1-rev3-09.pdf

26.  EU-USA MUTUAL LEGAL ASSISTANCE: Council of the European Union: Answers to: Questionnaire in preparation for the workshop on the application of the mutual legal assistance (MLA) and extradition agreements between the European Union and the United States of America (Eurojust, 25-26 October 2012) (14253-2-12). Detailed, Member State-by-Member State, replies on MLA requests made to the USA and the response:
012/nov/eu-council-eu-usa-mla-requests-14253-rev2-12.pdf .

27.  EU: Parliamentary questions in Germany reveal further information on European police project aimed at enhancing covert investigative techniques:
012/nov/01germany-covert.htm

Further information has been made public on the EU-funded project International Specialist Law Enforcement (ISLE), the existence of which was revealed in August by Statewatch. The participants, information on meetings, and the potential future of the project have all come to light following information, made public in September by the German government, following the submission of a number of questions by deputies of the party Die Linke.

28. Strengthening Ties between CSDP and FSJ road map implementation – Progress report (14130-12, 23 pages):
012/oct/eu-council-csdp-fsj-roadmap-14130-12.pdf

29. EU: Widespread implementation of the “principle of availability” further eases information exchange amongst European police forces
012/oct/12eu-swedish-framework.htm

30. Statewatch analysis: UK: Government’s “secret justice” Bill widely condemned
http://www.statewatch.org/analyses/no-201-uk-secret-justice.pdf 

The Justice and Security Bill will allow ministers to force civil courts to hear evidence in secret if they believe it to be in the interest of national security. Verdicts will be reached on the basis of evidence that litigants and their lawyers have neither heard nor been given the opportunity to rebut.

31 EU: Plans emerge for the collection of personal data outside European borders to obtain “comprehensive situational awareness and intelligence support”
012/oct/11eu-data-gathering.html

At the end of 2011, EU institutions and Member States began work to increase coordination between staff and institutions working on external and internal security policy. Ten months on, a progress report shows that, despite some teething problems, work is well underway with eight Joint Expert Panels established for different topics. Perhaps the most contentious of these focuses on boosting the ability of EU agencies to collect and analyse information and intelligence – including personal data – gathered during the EU‘s police missions outside European borders.

32. EU: European Parliament study: The Citizens’ Right to Information – Law and Policy in the EU and its Member States (711 pages, 3.6MB):
012/nov/ep-study-citizens-right-to-information.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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