The New Dark Age

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

1.   EU Council of the European Union: Informal Justice and Home Affairs (JHA) Council in Dublin on 17-18 January 2013
2.   EU: European Investigation Order
3.   EU: Commission makes €50 million available for the development of “big brother” PNR databases – before legislation has even been agreed
4.   UK: Getting answers from the police on undercover deployments “will be a long process”
5.   UK: Report calls for the abolition of London‘s “paramilitary” riot squad due to poor relations with young people
6.   EU: Council of the European Union: Aviation security and Migration “pressures”
7.   Article: Extension of Mobility Partnerships with Euro-Mediterranean Partners
8.   EU: VISA LIBERALISATION: Meijers Committee letter to Commissioner: Cecilia Malmström
9.   EU-UK: European Ombudsman criticises Commission’s refusal to disclose documents on UK opt-out from Charter of Fundamental Rights
10. EU: Council of the European Union: Eurodac, Seasonal workers, EUROSUR, COSI & Security Industry, Prum & Turkey and visas
12. EU: NEW REGULATION ON DATA PROTECTION and NEW DIRECTIVE ON DATA PROTECTION AND LEAs
13. EU: Council of the European Union: Asylum procedures, Schengen evaluation, Internal border controls & EU law
14. EU: Europol: “4×4” intelligence handling codes includes “dodgy data”
15. EU: Statewatch Analysis: EU Immigration and Asylum Law in 2012: The Year of Living Ineffectually
16. Northern Ireland: MI5’s control over national security issues means covert operations are run by a “parallel police force”
17. EU: Council of the European Union: Provisional agendas of the Justice and Home Affairs Council under the Irish Council Presidency
18. EU: Statewatch Analysis: The EU Justice and Home Affairs agenda in 2013
19. EU: PRE-TRIAL DETENTION: European Commission
20. EU Council of the European Union: Eurosur, Eurodac and Intra-corporare transferees
21. Statewatch News Digest

1.  EU Council of the European Union: Informal Justice and Home Affairs (JHA) Council in Dublin on 17-18 January 2013: Agenda: 
013/jan/eu-informal-jha-council-programme.pdf

Background Papers:

– Links between internal security and economic growth: 013/jan/eu-informal-jha-council-int-security-econ-growth-paper.pdf
– Migration and Mobility for Growth: 013/jan/eu-informal-jha-council-migration-for-growth-paper.pdf
– To be discussed at a “Working Lunch”: EU action to protect freedom of movement for EU Citizens and social integration by encouraging effective action and enhancing cooperation between justice systems in countering hate crime, racism, anti-Semitism, xenophobia and homophobia: 
013/jan/eu-informal-jha-council-hate-crime-paper.pdf
– Greek National Action Plan on Asylum and Migration Management: 
013/jan/eu-informal-jha-council-greece-migration.pdf
– Data Protection – certain key issues: 
013/jan/eu-informal-jha-council-dp-paper.pdf

2.  EU: European Investigation Order: 

– 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 (16120-12)
013/jan/eu-council-eio-nov-16120-12.pdf

 Council discussion on developing its position in response to 1st reading trilogue with the European Parliament, including “controversial issues” And see: earlier Council discussion prior to trilogues (9445-12):013/jan/eu-council-eio-may-9445-12.pdf

– European Parliament: Orientation Vote: on the adoption of a Directive of the European Parliament and of the Council regarding the European Investigation Order in criminal matters (pdf) prior to enter 1st reading trilogie meetings with the Council: 013/jan/ep-orientation-vote-eio-may-12.pdf

– Original Council proposal for the EIO prposed by eight Member States in April 2010: 
http://www.statewatch.org/news/2010/apr/eu-council-investigation-order-9145-10.pdf

3. EU: Commission makes €50 million available for the development of “big brother” PNR databases – before legislation has even been agreed:
013/jan/07-pnr-com-money.htm

One of the most controversial pieces of EU legislation currently on the table is the proposed EU-Passenger Name Record (PNR) directive, which would require the establishment throughout the Member States of systems for collecting, storing and analysing vast amounts of personal data from people flying into (and possibly within) Europe, with the stated purpose of preventing, detecting, investigating and prosecuting terrorist offences and serious crime.

4. UK: Getting answers from the police on undercover deployments “will be a long process”
013/jan/05-undercover-cops-answers.htm

Holding the police accountable for possible misconduct during undercover deployments “will be a long process” and “take perseverance,” according to Jenny Jones, the Deputy Chair of the London Assembly’s Police and Crime Committee. Jones has repeatedly questioned senior officers from the Metropolitan Police on undercover deployments, which received widespread attention in January 2011 following revelations about the activities of undercover police officer Mark Kennedy, but meaningful answers have not always been forthcoming.

5.  UK: Report calls for the abolition of London‘s “paramilitary” riot squad due to poor relations with young people:
013/jan/04-abolish-tsg.htm

A report by Jenny Jones, a Green Party member of London‘s local government body has called for the abolition of the Territorial Support Group (TSG), a wing of London‘s Metropolitan Police force most widely known for its role in public order policing, with Jones on record as saying the unit acts like a “paramilitary body”.

6.  EU: Council of the European Union: Aviation security and Migration “pressures”

– Aviation Security against Terrorist Threats – Conclusions of the conference of 31 October 2012, Nicosia, Cyprus (16252-12):
013/jan/eu-council-nicosia-aviation-security-16252-12.pdf

– Implementation of the Common Framework for genuine and practical solidarity towards Member States facing particular pressures on their asylum systems including through mixed migration flows – Follow up/update (15955-rev-1-12)
013/jan/eu-council-solidarity-migration-15955-rev1-12.pdf

and Previous draft (15955-12): 013/jan/eu-council-solidarity-migration-15955-12.pdf

7.  Article: Extension of Mobility Partnerships with Euro-Mediterranean Partners by Marie Martin:
013/jan/mp-article.pdf

See also: 2012 Yearbook on Mediterranean policies (link):
012-en?set_language=en

8. EU: VISA LIBERALISATION: Meijers Committee letter to Commissioner: Cecilia Malmström, Commissioner for Home Affairs: Regarding Letter Meijers Committee on the implications of the recent judgment of the ECHR Stamose v Bulgaria for visa liberation negotiations:
013/jan/meijers-cttee-visa-liberalisation-letter.pdf

9.  EU-UK: European Ombudsman: Decision of the European Ombudsman closing his inquiry into complaint 2293/2008/(BB)(FOR)TN against the European Commission (link to Decision):http://www.ombudsman.europa.eu/en/cases/decision.faces/en/12439/html.bookmark

and Press release: Ombudsman criticises Commission’s refusal to disclose documents on UK opt-out from Charter of Fundamental Rights: 
013/jan/eu-uk-ombudsman-prel.pdf

See also: Commission’s failure to properly justify the non-disclosure of UK documents an act of serious maladministration, rules EU watchdog (Out-Law.com)
013/january/commissions-failure-to-properly-justify-the-non-disclosure-of-uk-documents-an-act-of-serious-maladministration-rules-eu-watchdog/

10. EU: Council of the European Union: Eurodac, Seasonal workers, EUROSUR, COSI & Security Industry, Prum & Turkey and visas

– EURODAC: Note providing additional evidence for the necessity of law enforcement access to EURODAC on the basis of contributions by the German, the Netherlands and the Austrian delegations: 013/jan/eu-council-leas-eurodac-16990-12.pdf

See also: European Parliament’s Civil Liberties Committee adopts proposal giving law enforcement authorities and Europol access to Eurodac
012/dec/03eurodac-libe.html

– SEASONAL WORKERS: Proposal for a Directive of the European Parliament and of the Council on the conditions of entry and residence of third-country nationals for the purposes of seasonal employments (16655-12):013/jan/eu-council-seasonal-workers-16655-12.pdf

and Proposal for a Directive of the European Parliament and of the Council on the conditions of entry and residence of third-country nationals for the purposes of seasonal employment [First reading] – Mandate for negotiations with the European Parliament (17100-12:):
013/jan/eu-council-seasonal-workers-mandate-17100-12.pdf

– Proposal for a Regulation of the European Parliament and of the Council establishing the European Border Surveillance System (EUROSUR) (16508-12) Council position to “negotiate” with the European Parliament:013/jan/eu-council-position-eurosur-16508-12.pdf

– COSI (Standing Committee on operational cooperation on internal security: Security-related research and industrial policy – issues to be discussed on user involvement (16538-12): 013/jan/eu-council-cosi-private-security-industry-16538-12.pdf

– PRUM: Implementation of the provisions on information exchange of the “Prüm Decisions” – overview of documents and procedures – overview of declarations – state of play of implementation of automated data exchange (5086-rev 8-12):013/jan/eu-council-prum–implementation-5086-rev8-12.pdf

– TURKEY-VISAS: RELATIONS WITH TURKEY: Broader dialogue and cooperation framework on Justice and Home Affairs – Roadmap towards a visa-free regime (28 pages, 16929-12) Remarkably long list of obligations:
013/jan/eu-council-turkey-jha-visa-free-16929-12.pdf

12. EU: NEW REGULATION ON DATA PROTECTION: European Parliament: DRAFT REPORT: on the proposal for a regulation of the European Parliament and of the Council on the protection of individual with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation) (COM(2012)0011 – C7-0025/2012 – 2012/0011(COD)) Committee on Civil Liberties, Justice and Home Affairs: Rapporteur: Jan Philipp Albrecht:
013/jan/ep-draft-report-reg-dp-922387.pdf

and Commission proposal: Proposal for a Regulation 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):013/jan/eu-com-dp-new-reg-com-11-12.pdf 

See Comments by EDRI: European Parliament Data protection draft – compromise or compromised?
http://www.edri.org/ep-eudatap

NEW DIRECTIVE ON DATA PROTECTION AND LEAs: DRAFT REPORT: on the 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 (COM(2012)0010 – C7-0024/2012 – 2012/0010(COD)) Committee on Civil Liberties, Justice and Home Affairs: Rapporteur: Dimitrios Droutsas:
013/jan/ep-draft–report-dp-dir-leas-923072.pdf

See: Commission proposal: Proposal for a Directive 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: 
013/jan/eu-com-dir-dp-leas-com-10-12.pdf

For background see: Observatory on data protection and law enforcement agencies in the EU:
http://www.statewatch.org/eu-dp.htm

13. EU: Council of the European Union: Asylum procedures, Schengen evaluation, Internal border controls & EU law

– Asylum procedures: Amended proposal for a Directive of the European Parliament and of the Council on common procedures for granting and withdrawing international protection status (Recast) [First reading] (17678-12):013/jan/eu-council-asylum-procedures-17678-12.pdf

– Asylum procedures: follow-up: Amended proposal for a Directive of the European Parliament and of the Council on common procedures for granting and withdrawing international protection status (Recast) [First reading] – Preparation of the seventh informal trilogue (17698-12):
013/jan/eu-council-asylum-procedures-prep-trilogue-17698-12.pdf

– Schengen evaluation: Proposal for a Council Regulation on the establishment of an evaluation mechanism to verify the application of the Schengen acquis (11846-rev-3-12). Council “compromise” during “informal” trilogues with the European Parliament:
013/jan/eu-council-schengen-evaluation-11846-rev3-12.pdf

– Internal borders: 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 (6161-rev-6-12, pdf) Council “compromise” during “informal” trilogues” with the European Parliament and see also 6161-rev-5-12:
013/jan/eu-council-schengen-border-checks-6161-rev6-12.pdf

– Implementation of EU law: 29th Annual report on monitoring the application of EU Law – Commission staff working document = situation per member state (18034-add-2-12): JHA pages 9-10: 013/jan/eu-com-implem-eu-law-18034-add2-12.pdf .

14. EU: Europol: “4×4” intelligence handling codes includes “dodgy data”
013/jan/03europol-dodgy-data.htm

The EU‘s police office, Europol, is currently drawing up a report – the Serious Organised Crime Threat Assessment (SOCTA) – that will inform “political priorities, strategic goals and operational action plans” from 2013 to 2017, as part of the EU Policy Cycle on serious and organised crime. However, documents outlining the way in which Europol puts the report together indicate that the agency is willing to make use of data that, judged by its own assessment methods, is to be considered “not confirmed”.

15. EU: Statewatch Analysis: EU Immigration and Asylum Law in 2012: The Year of Living Ineffectually by Professor Steve Peers, University of Essex:
http://www.statewatch.org/analyses/no-210-immigration-asylum-12.pdf

“Several years ago, the EU set itself the deadline of 2010 – later postponed to 2012 – for completing the second phase of the Common European Asylum System. In the event, it has largely failed to meet this deadline. Moreover, almost no other EU immigration legislation was formally adopted in 2012.”

16. Northern Ireland: MI5’s control over national security issues means covert operations are run by a “parallel police force”
013/jan/01-mi5-covert-ops.htm

Covert policing operations in Northern Ireland are effectively run by a “parallel police force” dominated by MI5 that is answerable to government ministers in London rather than domestic officials, according to a new report by the Committee on the Administration of Justice (CAJ).
December 2012

17. EU: Council of the European Union: Provisional agendas of the Justice and Home Affairs Council under the Irish Council Presidency:
012/dec/eu-council-jha-prov-agendas-jan-jun.pdf

18.  EU: Statewatch Analysis: The EU Justice and Home Affairs agenda in 2013 (pdf) by Professor Steve Peers, University of Essex
013.pdf

The following analysis sets out the current and planned JHA proposals for legislation, and the likelihood of agreement on current proposals in 2013. It includes all of the current JHA proposals not yet adopted, and all of the JHA proposals which are expected in 2013, by topic (although sometimes the Commission delays its proposals into later years). It takes account of the agendas for JHA Councils announced by the incoming Irish Presidency of the EU Council, for the first half of 2011, and of the plans for the next ‘Trio Presidency’ (Ireland, Lithuania and Greece) of the EU’s Council.

19. EU: PRE-TRIAL DETENTION: European Commission: Analysis of the replies to the Green Paper on the application of EU criminal justice legislation in the field of detention: 012/dec/eu-com-consult-pre-trial-detention.pdf

20. EU Council of the European Union: Eurosur, Eurodac and Intra-corporare transferees

Multi-column documents produced during 1st reading trilogue discussions with the European Parliament giving the original proposal, the position of the European Parliament and “compromise” suggestions:

– LEAs acess to Eurodac: Council on the establishment of ‘EURODAC’ for the comparison of fingerprints for the effective application of Regulation (EU) No […/…] establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person) and to request comparisons with EURODAC data by Member States’ law enforcement authorities and Europol for law enforcement purposes and amending Regulation (EU) No 1077/2011 stablishing a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (Recast version) (223 pages, 5515-13, pdf) For the first time the European Parliament’s position is public:
013/jan/eu-council-eurodac-multicolumn-5155-13.pdf

– EUROSUR: Proposal for a Regulation of the European Parliament and of the Council establishing the European Border Surveillance System (EUROSUR) (77 pages, pdf)
013/jan/eu-council-eurosur-multicolumn-5238-13.pdf

– ICT: Proposal for a Directive of the European Parliament and of the Council on conditions of entry and residence of third-country nationals in the framework of an intra-corporate transfer (109 pages,5106-13):013/jan/eu-council-ic-transferees-5106-13.pdf

21. Statewatch News Digest:

15 January 2013 (35 items): 013/jan/sw-news-digest-15-1-13.htm
11 January 2013 (28 items): 013/jan/sw-news-digest-11-1-13.htm
 9 January 2013 (26 items):  013/jan/sw-news-digest-9-1-13.htm
 7 January 2013 (31 items):  013/jan/sw-news-digest-7-1-13.htm

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