7 June 2013 — http://www.statewatch.org/ • e-mail: office@statewatch.org

1.    EU: Justice and Home Affairs Council, 6-7 June 2013: Day 1: Justice: Press release
2.    EU: NEW DATA PROTECTION REGULATION: European Parliament: Working documents, draft report and amendments 
3.    UK: ANTI-SURVEILLANCE CAMPAIGNERS TO MARK ORWELL’S ‘1984 ‘PUBLICATION
4.    Jesuit Refugee Service: Europe: EU rules impede asylum protection
5.    EU: Council of the European Union: Proposal for a Directive on the right of access to a lawyer in criminal proceedings
6.    EU: European Commission: Third biannual report on the functioning of the Schengen area
7.    EU: Council of the European Union: CoE Convention for the protection of individuals with regard to automatic processing of personal data
8.    EU: Court of Justice: The essence of the reasons for a decision refusing entry into a Member State must be disclosed to the person concerned
9.    Drawing the line: Regulation of “wide area” riot control agent delivery mechanisms under the Chemical Weapons Convention
10.  EU: European Data Protection Supervisor: Strong data protection to improve EU approach to serious crimes
11.  UN: Human Rights Council: Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
12.  EU: Meijers Committee: Proposal for a Directive on the conditions of entry and residence of third-country nationals
13.  Council of Europe: Venice Commission draft opinion on the fourth amendment to the fundamental law of Hungary
14.  EU: European Parliament reports: freezing and confiscation of proceeds of crime and EU-PNR
15.  EU: Council of the European Union: Agency for Law Enforcement Cooperation and Training (Europol) – Discussion paper
16.  EU: JHA Council, 6-7 June 2013, Lunch Item (Justice Ministers): The Charter of Fundamental Rights
17.  Netherlands: Government moves to criminalise irregular migrants
18.  UK: Killer blows to justice
19.  EU: Court of Justice of the European Union: Judgment in Case C-168/13 PPU, Jeremy F. v Premier ministre
20.  EU: Council of the European Union: EU Annual Report on Human Rights and Democracy in the World in 2012 – Country Reports
21.  EU: Council of the European Union: Directive: European Investigation Order in criminal matters
22.  EU: Council of the European Union: Standing Committee on operational co-operation on internal security (COSI): EU Policy Cycle
23.  EU: Member States want access to the proposed Entry/Exit System for law enforcement and counter-terrorism agencies
24.  Germany: “City of Frankfurt denies freedom of association”
25.  EU: EDPS: ‘Smart, sustainable, inclusive Europe’: only with stronger and more effective data protection
26.  EU: Council of the European Union: provisional agreement on the Schengen Governance legislative package
27.  EU: Council of the European Union: Draft Final Report: customs cooperation in criminal matters
28.  EU: Council of the European Union: Declassified versions of mutual evaluations of Belgium, Denmark, Estonia and Slovakia
29.  EU: Frontex: “optionally-piloted” aircraft tests, but no drones…yet
30.  EU: Article 29 Data Protection Working Party: need for clear limits to profiling
31.  United Nations: Report of the Special Rapporteur: external borders of the European Union and its impact on the human rights of migrants
32.  EU: Meijers Committee: surveillance of external sea borders in the context of operational cooperation coordinated by Frontex
33.  UK: “The potential death of legal aid”: lawyers protest against new government proposals
34.  EU: EU policy on irregular migration is “fundamentally at odds with the human rights approach”

NOTICE: Police journals need new “home”:
http://www.statewatch.org/news/2013/jun/police-journals.htm

1. EU: Justice and Home Affairs Council, 6-7 June 2013: Day 1: Justice: Press release (pdf)  Day 1: Justice: Press release (pdf) 
http://www.statewatch.org/news/2013/jun/eu-jha-council-day-one-justice-prel.pdf

“B” Points agenda for discussion: http://www.statewatch.org/news/2013/jun/eu-jha-council-6-7-jun-b-pts.pdf
“A” Points agenda: legislative (adopted without discussion):  http://www.statewatch.org/news/2013/jun/eu-jha-council-6-7-jun-a-pts-legis.pdf
“A” Points agenda: non-legislative (adopted without discussion): http://www.statewatch.org/news/2013/jun/eu-jha-council-6-7-jun-a-pts-non-legis.pdf
Background note: http://www.statewatch.org/news/2013/jun/eu-jha-council-6-7-june-background-note.pdf

2. EU: NEW DATA PROTECTION REGULATION: European Parliament: Working documents, draft report and amendments (link):
http://www.europarl.europa.eu/committees/en/libe/subject-files.html?id=20120514CDT45071#menuzone

and see: EU: NEW DATA PROTECTION REGULATION:Council of the European Union: 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) – Key issues of Chapters I-IV: http://www.statewatch.org/news/2013/jun/eu-council-dp-reg-10227-add1-13.pdf

This Council document says, in a change to the Commission draft Regulation, that it is intending to have different rules for EU institutions, bodies and agencies: “14a) (…) Regulation (EC) No 45/20014 (…) applies to the processing of personal data by the Union institutions, bodies, offices and agencies. Regulation (EC) No 45/2001 and other Union legal instruments applicable to such processing of personal data should be adapted to the principles and rules of this Regulation (…).

See coverage: NEW DATA PROTECTION REGULATION: EU institutions seek exclusion, extra time on data protection (euractiv, link):
http://www.euractiv.com/print/infosociety/eu-institutions-seek-exclusion-e-news-528331

3. UK: ANTI-SURVEILLANCE CAMPAIGNERS TO MARK ORWELL’S ‘1984 ‘PUBLICATION – and reject government’s Orwellian ‘surveillance by consent’ Press release (link): http://www.no-cctv.org.uk/press/press_release_21.pdf

Home Office: Surveillance Camera Code of Practice Protection of Freedoms Act 2012 – Government response to statutory consultation over the Surveillance Camera Code of Practice: http://www.statewatch.org/news/2013/jun/uk-gov-surveillance-camera-code-of-practice.pdf

and Amended Code: http://www.statewatch.org/news/2013/jun/uk-gov-surveillance-camera-code-of-practice-amended.pdf

4.  Jesuit Refugee Service: Europe: EU rules impede asylum protection (link)
http://www.jrs.net/news_detail?TN=NEWS-20130603040457

“Asylum seekers in Europe are often faced with EU rules that hinder their ability to seek asylum in an EU country where they would feel most protected. This is according to a new JRS Europe report, Protection Interrupted, released today. The report is based on interviews with 257 asylum seekers and migrants in nine EU countries.”

5. EU: Council of the European Union: 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 [First reading] – Approval of the final compromise text (10190/13):
http://www.statewatch.org/news/2013/jun/eu-procedural-rights-criminal-proceedings-10190-13.pdf

6. EU: European Commission: Third biannual report on the functioning of the Schengen area, 1 November 2012 – 30 April 2013 (COM 2013 326):
http://www.statewatch.org/news/2013/jun/eu-com-report-functioning-schengen-area-nov12-apr13.pdf

7.  EU: Council of the European Union: processing of personal data:
http://www.statewatch.org/news/2013/jun/eu-convention-processing-personal-data-10169-13.pdf

Council Decision authorising the European Commission to participate on behalf of the European Union in the negotiations on the modernisation of the Council of European Convention for the protection of individuals with regard to automatic processing of personal data (EST 108) and the conditions and modalities of accession of the European Union to the modernised Convention (10169/13).

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) – Key issues of Chapters I-IV (10227/13):
http://www.statewatch.org/news/2013/jun/eu-processing-free-movement-personal-data-10227-13.pdf

and Annex (10227/13 ADD 1: http://www.statewatch.org/news/2013/jun/eu-processing-free-movement-personal-data-10227-13-add-1.pdf

8. EU: Court of Justice: The essence of the reasons for a decision refusing entry into a Member State must be disclosed to the person concerned (press release, 4 June): http://www.statewatch.org/news/2013/jun/eu-coj-entry-refusal-press-release-c-300-11.pdf 

“However, a Member State may, so far as is strictly necessary, refuse to notify the person concerned of ground, the disclosure of which might compromise State security.”

See: Judgment in Case C-300/11, ZZ v Secretary of State for the Home Department (link):
http://curia.europa.eu/juris/document/document_print.jsf?doclang=EN&text=&pageIndex=0&part=1&mode=req&docid=137981&occ=first&dir=&cid=395572

9. Drawing the line: Regulation of “wide area” riot control agent delivery mechanisms under the Chemical Weapons Convention: 
http://www.statewatch.org/news/2013/jun/riot-control-agents-chemical-weapons-convention-report.pdf

“Whilst Chemical Weapons Convention (CWC) States Parties are prohibited from developing riot control agent (RCA) munitions for use in armed conflict, they may manufacture, acquire and utilise delivery systems to disseminate appropriate types and quantities of RCAs for law enforcement. However, there is continuing ambiguity as to the type and specifications of those means of delivery that are prohibited under the Convention. This ambiguity has potentially dangerous consequences, allowing divergent interpretations, policy and practice amongst States Parties to emerge.

This report highlights the development, testing, production and promotion by State or commercial entities of a range of “wide area” RCA means of delivery including: large smoke generators, backpack or tank irritant sprayer devices; large calibre under-barrel and rifle grenade launchers; multiple munition launchers; automatic grenade launchers; rocket propelled grenades; mortar munitions; large calibre aerial munitions; heliborne munition dispensers; cluster  munitions; unmanned aerial vehicles; unmanned ground vehicles; vehicle protection and area denial munitions.”

10. EU: European Data Protection Supervisor: Strong data protection to improve EU approach to serious crimes (press release, 3 June):
http://www.statewatch.org/news/2013/jun/eu-edps-data-protection-serious-crimes-3-june-13.pdf

“Robust data protection considerations can strengthen the credibility of investigations into serious crimes in the EU. This is the message the European Data Protection Supervisor (EDPS) sent in his opinion published today on the Commission proposal for a new legal framework for the EU Agency for Law Enforcement and Training (Europol). The EDPS fully supports the need for innovative and flexible approaches in preventing and combating serious crimes, but also insists on strong safeguards. The validity of a criminal investigation relies on the quality and integrity of the data collected. Respecting data protection principles can help reinforce the reliability of such evidence.”

See also: Opinion of the European Data Protection Supervisor on the Proposal for a Regulation of the European Parliament and of the Council on the European Union Agency for Law enforcement Cooperation and Training (Europol) and repealing Decisions 2009/371/JHA and 2005/681/JHA : 
http://www.statewatch.org/news/2013/jun/eu-edps-opinion-europol-regulation.pdf

11. UN: Human Rights Council: 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/2013/jun/un-human-rights-council-report-surveillance-communications.pdf

“The present report, submitted in accordance with Human Rights Council resolution 16/4, analyses the implications of States’ surveillance of communications on the exercise of the human rights to privacy and to freedom of opinion and expression. While considering the impact of significant technological advances in communications, the report underlines the urgent need to further study new modalities of surveillance and to revise national laws regulating these practices in line with human rights standards.”

See: UN report: The link between State surveillance and freedom of expression (Privacy International, link):
https://www.privacyinternational.org/blog/un-report-the-link-between-state-surveillance-and-freedom-of-expression

12. EU: Meijers Committee: Note on the Proposal for a Directive on the conditions of entry and residence of third-country nationals for the purposes of research, studies, pupil exchange, remunerated and unremunerated training, voluntary service and au pairing: 
http://www.statewatch.org/news/2013/jun/eu-meijers-committee-note-entry-residence-third-country-nationals.pdf

13. Council of Europe: Venice Commission draft opinion on the fourth amendment to the fundamental law of Hungary: 
http://www.statewatch.org/news/2013/jun/eu-coe-venice-commission-hungary-report.pdf

A leaked copy of a draft report on democracy in Hungary by an advisory body of the Council of Europe.

14.  EU: European Parliament reports:

On the 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 (A7-0178/13): http://www.statewatch.org/news/2013/jun/eu-ep-proceeds-crime-a7-0178-13.pdf

On the proposal for a directive of the European Parliament and of the Council on the use of Passenger Name Record data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime (A7-0150/13):
http://www.statewatch.org/news/2013/jun/eu-ep-pnr-terrorist-offences-serious-crime-a7-0150-13.pdf

15. EU: Council of the European Union: Proposal for a Regulation on the European Union Agency for Law Enforcement Cooperation and Training (Europol) – Discussion paper (10213/13): http://www.statewatch.org/news/2013/jun/eu-council-europol-structure-10213-13.pdf

16.  EU: JHA Council, 6-7 June 2013, Lunch Item (Justice Ministers): The Charter of Fundamental Rights – three and a half years in force (10265/13, pdf)
“Questions for discussion”: http://www.statewatch.org/news/2013/jun/eu-jha-council-charter-fundamental-rights-10265-13.pdf

17.  Netherlands: Government moves to criminalise irregular migrants
http://www.statewatch.org/news/2013/may/12nl-irregular-criminalisation.html

As elsewhere in Europe, undocumented migrants in the Netherlands face tough conditions. They are frequently excluded from the most basic facilities and services and face the prospect of arrest, vreemdelingendetentie (foreigners’ detention) and deportation. The conditions in Dutch immigration detention centres are so bad that Amnesty International has sounded the alarm and issued several reports to raise awareness of the issue. Now the government is attempting to clamp down further on the undocumented through criminalising their status, claiming that a proposed new law will have “a deterrent effect” by making it “less attractive” to residence irregularly.

18.  UK: Killer blows to justice (IRR, link):
http://www.irr.org.uk/news/killer-blows-to-justice/

“In the blizzard of coalition measures wreaking destruction on living standards, the justice ministry’s proposals on legal aid will once again bear down hardest on poor BME, Muslim and migrant communities.”

19. EU: Court of Justice of the European Union: Judgment in Case C-168/13 PPU, Jeremy F. v Premier ministre: EU law does not prevent Member States from providing for an appeal suspending execution of a decision extending the effects of a European arrest warrant (press release):
http://www.statewatch.org/news/2013/may/eu-coj-eaw-decision-c-168-13.pdf

“EU law does, however, require that, in the case where the Member States choose to provide for such an appeal, the decision to extend should be taken within the time-limits provided for by EU law in cases concerning the European arrest warrant”

20.  EU: Council of the European Union: EU Annual Report on Human Rights and Democracy in the World in 2012 – Country Reports (9431/13 ADD 1 REV  1): http://www.statewatch.org/news/2013/may/eu-council-human-rights-country-reports-9431-add1-rev1-13.pdf

21. EU: Council of the European Union: Initiative for a Directive regarding the European Investigation Order in criminal matters – Text suggestions in view of the trilogue on 11 June 2013 (9747/13): http://www.statewatch.org/news/2013/may/eu-council-eio-compromise-9747-13.pdf

“In view of the Friends of the Presidency meeting on 31 May and on the basis of the trilogue on15 May 2013 delegations will find attached suggestions from the Presidency on some of the issues that will be discussed at the next trilogue.”

22. EU: Council of the European Union: Standing Committee on operational co-operation on internal security (COSI): EU Policy Cycle: Implementation Monitoring (9996/13): http://www.statewatch.org/news/2013/may/eu-council-cosi-policy-cycle-monitoring-9996-13.pdf

“As set out in the Council Conclusions on the creation and implementation of a EU policy cycle for organised and serious international crime, COSI shall every 6 months monitor the progress of the implementation of the operational action plans.”

23. EU: Member States want access to the proposed Entry/Exit System for law enforcement and counter-terrorism agencies:
http://www.statewatch.org/news/2013/may/11eu-entry-exit-system.html

Member States are pushing for one of the EU’s proposed border control and migration management systems to be adapted for law enforcement and counter-terrorism purposes as well. If they are successful in their efforts, police and security agencies across the EU could gain access to a wealth of new personal and biometric data on third-country nationals.

24. Germany: “City of Frankfurt denies freedom of association”
http://www.statewatch.org/news/2013/may/10ger-frankfurt-blockupy.html

In May last year, a series of protests “against the austerity dictatorship” were organised by the Blockupy network in Frankfurt. They were due to take place near the headquarters of the European Central Bank, but local authorities issued a near-complete ban on all protests for four days. The measures were heavily-criticised, and higher courts later ruled that some of them had been illegal. This week the protests are returning to the city.

25. EU: European Data Protection Supervisor: ‘Smart, sustainable, inclusive Europe’: only with stronger and more effective data protection (press release):
  http://www.statewatch.org/news/2013/may/eu-edps-data-protection-law-may-2013.pdf

“The lobbying surrounding the current review of the EU data protection law by organisations both from Europe and elsewhere has been exceptional. Following the presentation of his Annual Report of activities for 2012 to the Committee on Civil Liberties, Justice and Home Affairs (LIBE) at the European Parliament today, the EDPS warned the EU legislator to guard against undue pressure from industry and third countries to lower the level of data protection that currently exists and instead seize the opportunity to ensure stronger and more effective protection to individuals across the EU.”

See also: New data protection rules at risk, EU watchdog warns (euractiv, link):
http://www.euractiv.com/infosociety/eu-watchdog-warns-lobbyists-parl-news-528128

“New EU data protection rules could collapse because of ‘excessive lobbying’, foot-dragging by MEPs, and entanglement in trade negotiations with the United States, Europe’s chief data protection watchdog warned yesterday (29 May).”

26. EU: Council of the European Union: Council and the European Parliament reach a provisional agreement on the Schengen Governance legislative package (30 May 2013): http://www.statewatch.org/news/2013/may/eu-council-schengen-governance-agreement.pdf

“The Permanent Representatives Committee (Coreper) today endorsed the agreement reached with the European Parliament on 29 May on the Schengen governance legislative proposals, namely a regulation on the establishment of an evaluation and monitoring mechanism to verify the application of the Schengen acquis and an amendment to the Schengen Borders Code as regards the rules for the temporary reintroduction of border controls at internal borders in exceptional circumstances.”

27. EU: Council of the European Union: Draft Final Report on Action 5.10: “To find and recommend best practice for customs cooperation in criminal matters” (8253/13): http://www.statewatch.org/news/2013/may/eu-best-practice-customs-coop-report-8253-13.pdf

See also: 111-page Annex which includes a comparative study of legal instruments (8253/13 ADD 1,):
http://www.statewatch.org/news/2013/may/eu-best-practice-customs-coop-annex-8253-13-add1.pdf

28. EU: Council of the European Union: Declassified versions of mutual evaluations of Belgium, Denmark, Estonia and Slovakia with regard to two Council Decisions: 2002/187/JHA setting up Eurojust, and 2008/976/JHA on the European Judicial Network in criminal matters: 

The reports were all produced this year:

Belgium: http://www.statewatch.org/news/2013/may/eu-eurojust-mutual-evaluation-belgium.pdf
Slovakia: http://www.statewatch.org/news/2013/may/eu-eurojust-mutual-evaluation-slovakia.pdf
Denmark: http://www.statewatch.org/news/2013/may/eu-eurojust-mutual-evaluation-denmark.pdf
Estonia: http://www.statewatch.org/news/2013/may/eu-eurojust-mutual-evaluation-estonia.pdf

and range from 47 to 80 pages in length. They include some limited information on cooperation between the national authorities and Eurojust on controlled deliveries and special investigative techniques, such as the use of undercover agents.

29.  EU: Frontex: “optionally-piloted” aircraft tests, but no drones…yet
http://www.statewatch.org/news/2013/may/09eu-frontex-opa.html

Statewatch reported last month that the EU’s border agency Frontex is looking to buy a piloted plane to use for surveillance of the Greek-Turkish border during the summer. It has now emerged that the agency is also looking to enhance its border surveillance capabilities through the use of an “optionally-piloted vehicle” – a plane that can be flown with or without a pilot on board.

30. EU: Article 29 Data Protection Working Party: European Data Protection Authorities argue for clear limits to profiling – further input to the data protection reform discussions (press release, 28 May 2013):
http://www.statewatch.org/news/2013/may/eu-article-29-dp-profiling-pr.pdf

“Profiling has found its way into many areas of life, for example in the form of consumer profiles, movem ent profiles, user profiles and social profiles. Due to the widespread availability of personal data on the internet, the increasing possibilities of linking such data and the fact that technical devices operating on the basis of processing personal data p ervade our everyday lives, profiling has become one of the biggest challenges to privacy.
Therefore the Working Party has adopted an advice paper on profiling giving some further input into the discussions on the European data protection reform.”

Advice paper on essential elements of a definition and a provision on profiling within the EU General Data Protection Regulation: 
http://www.statewatch.org/news/2013/may/eu-article-29-dp-profiling-advice-paper.pdf

31. United Nations: Report of the Special Rapporteur on the human rights of migrants, François Crépeau: Regional study: management of the external borders of the European Union and its impact on the human rights of migrants: 
http://www.statewatch.org/news/2013/may/un-eu-borders-migrants-report.pdf

“The Special Rapporteur dedicated the first full year of his mandate to a study on the management of the external border of the European Union, and its impact on the human rights of migrants. He held consultations with the European Union in Brussels, and carried out visits to countries on both sides of the European Union’s external border: Greece, Italy, Tunisia and Turkey. While welcoming the inclusion of migrants’ rights in the policy framework, the Special Rapporteur remains concerned that the protection of the human rights of migrants, and in particular irregular migrants, is often not implemented on the ground. The report further addresses challenges in relation to the securitization of migration and border control; the use of detention as a tool in border control; the externalization of border control; and insufficient responsibility-sharing with external border States.”

See also: Press release: EU border management: “More attention must be given to the human rights of migrants” (link)
http://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=13368&LangID=E

“The United Nations Special Rapporteur on the human rights of migrants, François Crépeau, today warned that the increasing competence of the European Union in the field of migration has not always been accompanied by a corresponding guarantee of rights for migrants themselves, and in particular irregular migrants.”

32.  EU: Meijers Committee: Note on the Proposal for a Regulation establishing rules for the surveillance of external sea borders in the context of operational cooperation coordinated by Frontex: 
http://www.statewatch.org/news/2013/may/meijers-committee-note-surveillance-external-sea-borders.pdf

33. UK: “The potential death of legal aid”: lawyers protest against new government proposals
http://www.statewatch.org/news/2013/may/07uk-legal-aid-cuts.html

34. EU: EU policy on irregular migration is “fundamentally at odds with the human rights approach”
http://www.statewatch.org/news/2013/may/06eu-droi-frontex.html

Last Thursday, the European Parliament’s Human Rights Committee (DROI) heard from a number of speakers on the compliance of Frontex with its human rights responsibilities. A short video posted on the Parliament’s website shows some of the key comments from the session, of which the most scathing came from a statement by François Crépeau, UN Special Rapporteur on the human rights of migrants.

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