Statewatch News Online, 26 July 2013 (10/13)

25 July 2013 — http://www.statewatch.org/ – e-mail: office@statewatch.org

1.   USE OF DRONES: A new poll has found that the US policy of drone strikes remains unpopular around the world
2.   EU: FREEZING AND CONFISCATION OF ASSETS
3.   EU: ACCESS TO EU DOCUMENTS: Council’s public register of documents hits 2 million mark
4.   EU: OVER 50% of initial requests to the Council for documents are refused to keep secret discussions on new measures
5.   EU: ACCESS TO EU DOCUMENTS: FIGURES FOR CLASSIFIED/”SENSITIVE” documents given for the first time
6.   Greece: The city at a time of crisis: Mapping racist attacks in Athens
7.   EU: Growing racism spurs rise in extremist parties, commission says
8.   EU: EDPS ON SMART BORDERS
9.   EU-ECJ: KADI: European Court of Justice
10. Europe’s Justice and  Interior Ministers push for closer relations between internal security authorities and industry
11. EU: European Parliament study: ‘Lisbonisation’ of the European Parliament: Area of Freedom, Security and Justice 
12. EU: EUROPEAN PUBLIC PROSECUTOR & EUROJUST
13. EU: European Commission: Annual report EURODAC Central Unit in 2012
14. EU: Council of the European Union: Lithuanian Council Presidency: Informal Justice and Home Affairs Council, 18-19 July 2013
15. EU: Attacks against Roma in Hungary, the Czech Republic and the Slovak Republic 
16. Greece: Doctors of the World strongly condemns the re-introduction of a discriminatory public health decree in Greece
17. EU: EU seeks increased surveillance of travel and social media to deal with “foreign fighters”
18. EU: Uncertain future for EU-funded police project aimed at enhancing covert surveillance techniques
19. GREECE: ROAR magazine: Landscapes of emergency: militarizing public space
20. EU officials discuss interconnection of visa database and Schengen Information System
21. EU: Eurojust and Interpol establish “cooperative relations in order to improve the international response to serious crime”
22. EU: Greece accused of undertaking illegal ‘push-back’ operations
23. EU: European Data Protection Supervisor: EDPS finds major deficiencies in anti-money laundering proposals
24. EU-EAW: Council of the European Union: European arrest warrant – Year 2012
25. CoE-MALTA: Council of Europe anti-torture Committee publishes report on Malta
26. EU: Council of the European Union: Council conclusions Cybersecurity Strategy
27. EU: Council of the European Union: Provisional agendas for Justice and Home Affairs Councils (July-December 2013)
28. EU: Law enforcement authorities to gain access to European visa database on 1 September
29. EU-Russia: UK shuns working arrangement between the European Police College and the Russian interior ministry on security grounds
30. EU: EUROSUR REGULATION
31. EU: EXIT-ENTRY SYSTEM

1. USE OF DRONES: A new poll (Pew Research Centre, link) has found that the US policy of drone strikes remains unpopular around the world, with a bigger number of countries surveyed than last year’s round of questioning:
http://www.pewglobal.org/files/2013/07/Pew-Research-Global-Attitudes-Project-Balance-of-Power-Report-FINAL-July-18-2013.pdf

2.  EU: FREEZING AND CONFISCATION OF ASSETS: Council of the European Union: Comparative table: submitted by the Presidency on behalf of the Council in view of the second trilogue on Wednesday 10 July 2013: 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 (2012/0036(COD): Multi-column document showing the different positions going into the Council-European Parliament trilogue:http://www.statewatch.org/news/2013/jul/eu-council-2nd-trilogue-freezing-assets.pdf

3. EU: ACCESS TO EU DOCUMENTS: Council of the European Union press release: Council’s public register of documents hits 2 million mark:
http://www.statewatch.org/news/2013/jul/eu-council-prel-register.pdf

“The Council of the European Union’s public register has reached 2 million documents online. As of today the register contains the references of 2.000.267 documents. Around 75% of these documents are publicly available and directly downloadable. A further 15% are partially available.” [“Partially accessible” means censored] And see: Annual report for 2012: 
http://www.statewatch.org/news/2013/jul/eu-council-access-reg-rep-2012.pdf

4. OVER 50% of initial requests to the Council for documents are refused to keep secret discussions on new measures

These figures sound good until the detail is examined in the Annual Report: The reasons for refusal of access on an initial application was 41/3% were for the “protection of the institution’s decision-making process” (this is under Article 4.3 of Regulation 1049/2001). Understandably many applicants are interested in documents which concern new measures being discussed in the Council and its Working Parties yet it would appear that of over 50% are refused – in addition to 41.3% being refused for this reason 30.0% are refused for “Several reasons together” which can also include refusal for the “protection of the institution’s decision-making process”.

5.  EU: ACCESS TO EU DOCUMENTS: Council of the European Union: FIGURES FOR CLASSIFIED/”SENSITIVE” documents given for the first time: Annual report for 2012: http://www.statewatch.org/news/2013/jul/eu-council-access-reg-rep-2012.pdf

Of the documents held or produced by the Council:of the European Union in 2012
13,817 were classified as “Restricted” in 2012 – the highest annual figure ever
1,339 were classified as “Confidential” in 2012
9 were classified as “Secret”

These includes documents produced by the Council and those sent to the Council by the European Commission or the European External Action Service (EEAS). The figures for “sensitive”/classified documents produced by the Council itself (and includes in the figures above) are given as:
None were classified as “Top Secret”
33 were classed as “Secret” in 2012
332 were classified as “Confidential” in 2012 (most are not recorded in the public register)
The figure for the number of “Restricted” documents (the largest category is not given as “Restricted” documents are not referred to in the Regulation, Article 9).

Tony Bunyan, Statewatch Director comments: “The largest category, “Restricted”, 13,817 documents, is of the greatest concern. “Restricted” is defined as where the disclosure of a document would be “disadvantageous” to the interests of the EU or a Member State. The term “disadvangeous” can be used to keep current and ongoing discussions secret and hence stop any critical media coverage – to enforce what has been called “the space to think” for Council and Commission officials and keep the people uninformed and unable to make their views known.”

6. Greece: The city at a time of crisis: Mapping racist attacks in Athens
http://www.statewatch.org/news/2013/jul/greece-racist-attacks.htm

7. EU: Growing racism spurs rise in extremist parties, commission says (euobserver, link): “Speaking to reporters in Lithuania’s capital Vilnius, EU home affairs commissioner Cecilia Malmstrom said the EU has never before seen so many far right parties in elected bodies since the Second World War.”:
http://euobserver.com/justice/120905

8. EU: EDPS ON SMART BORDERS: European Data Protection Supervisor: Smart borders: key proposal is costly, unproven and intrusive: Press release: 
http://www.statewatch.org/news/2013/jul/eu-edps-smart-borders-prel.pdf

and Full-text of Opinion: http://www.statewatch.org/news/2013/jul/eu-edps-smart-borders-opinion.pdf

9.  EU-ECJ: KADI: European Court of Justice: Press release: The Court dismisses the appeals against the General Court’s ‘Kadi II’ judgment
The European Union may not impose restrictive measures on Mr Kadi, without evidence to substantiate his involvement in terrorist activities: 
http://www.statewatch.org/news/2013/jun/ecj-kadi-ms-appeal-prel.pdf

and Judgment against appeal by EU Member States: 
http://www.statewatch.org/news/2013/jul/ecj-kdai-ms-appeal-judgment.pdf

10. Europe’s Justice and  Interior Ministers push for closer relations between internal security authorities and industry
http://www.statewatch.org/news/2013/jul/enlets1.htm

The Council of the European Union is hoping to strengthen the involvement of Europe’s internal security agencies in “security-related research and industrial policy”, calling on Member States’ authorities to provide more support for the European Network of Law Enforcement Technology Services (ENLETS), a working group that last year agreed on a series of “priority areas” that include drones, covert surveillance, remote vehicle stopping and non-lethal weapons: 

11.  EU: European Parliament study: The ‘Lisbonisation’ of the European Parliament: Assessing progress, shortcomings and challenges for democratic accountability in the Area of Freedom, Security and Justice (55 pages):
http://www.statewatch.org/news/2013/jul/ep-lisbonisation-study.pdf

12.  EU: EUROPEAN PUBLIC PROSECUTOR & EUROJUST: European Commission proposals: Communication: Better protection of the Union’s financial interests: Setting up the European Public Prosecutor’s Office and reforming Eurojust (COM 352-13):
http://www.statewatch.org/news/2013/jul/eu-com-eppo-eurojust.pdf

Council Regulation on the establishment of the European Public Prosecutor’s Office (COM 534-13) 
http://www.statewatch.org/news/2013/jul/eu-com-eppo-com-534-13.pdf

Regulation on the European Union Agency for Criminal Justice Cooperation (Eurojust) (COM 535-13)
http://www.statewatch.org/news/2013/jul/eu-com-eurojust-com-535-13.pdf

13. EU: European Commission: Annual report to the European Parliament and the Council on the activities of the EURODAC Central Unit in 2012 (COM 485-13): http://www.statewatch.org/news/2013/jul/eu-com-eurodac-ann-rep-com-485.pdf

and Annual Report on the Situati on of Asylum in the European Union 2012 : 
http://www.statewatch.org/news/2013/jul/eu-easo-annual-report.pdf

14.  EU: Council of the European Union: Lithuanian Council Presidency: Informal Justice and Home Affairs Council, 18-19 July 2013:

Programme: http://www.statewatch.org/news/2013/jul/eu-council-informal-jha-meeting-17-19-07-13.pdf

Discussion paper: Cyber security issues:
http://www.statewatch.org/news/2013/jul/eu-council-informal-jha-meeting-cyber-crime-17-19-07-13.pdf

Future Development of the JHA Area: Discussion Paper on Home Affairs issues: 
http://www.statewatch.org/news/2013/jul/eu-council-informal-jha-meeting-future-prog-17-19-07-13.pdf
 
Future Development of the JHA Area: Discussion Paper on Justice: 
http://www.statewatch.org/news/2013/jul/eu-council-informal-jha-meeting-future-justice-prog-17-19-07-13.pdf

4th Annual Report on Immigration and Asylum: 
http://www.statewatch.org/news/2013/jul/eu-council-informal-jha-meeting-im-asyl-rep-17-19-07-13.pdf

Role of the European Data Protection Board in the consistency mechanism: 
http://www.statewatch.org/news/2013/jul/eu-council-informal-jha-meeting-dp-reg-17-19-07-13.pdf

15. EU: Attacks against Roma in Hungary, the Czech Republic and the Slovak Republic (errc, link): 
http://www.errc.org/article/attacks-against-roma-in-hungary-the-czech-republic-and-the-slovak-republic/3042

Institute of Race Relations (IRR): “This week, we publish a briefing paper which documents a growing tide of hostility against Europe’s Romani communities” (link):http://www.irr.org.uk/news/from-pillar-to-post-pan-european-racism-and-the-roma/

16. Greece: Doctors of the World strongly condemns the re-introduction of a discriminatory public health decree in Greece (press release)
http://www.statewatch.org/news/2013/jul/greece-mdm-statement.htm

17. EU: EU seeks increased surveillance of travel and social media to deal with “foreign fighters”
http://www.statewatch.org/news/2013/jul/foreign-fighters.htm

18. EU: Uncertain future for EU-funded police project aimed at enhancing covert surveillance techniques
http://www.statewatch.org/news/2013/jul/isle-soca-nca.htm

19. GREECE: ROAR magazine: Landscapes of emergency: militarizing public space (link) This short documentary reveals the undeclared state of emergency that casts its shadow over the functions of public space in crisis-ridden Athens today.
http://roarmag.org/2013/07/landscapes-of-emergency-a-short-documentary/ 

20. EU officials discuss interconnection of visa database and Schengen Information System
http://www.statewatch.org/news/2013/jul/sis-vis.htm
 
21.EU: Eurojust and Interpol establish “cooperative relations in order to improve the international response to serious crime”
http://www.statewatch.org/news/2013/jul/eurojust-interpol.htm

22. EU: Greece accused of undertaking illegal ‘push-back’ operations, Maltese Prime Minister says they are an option
http://www.statewatch.org/news/2013/jul/gre-malta-push-backs.htm

23.  EU: European Data Protection Supervisor: EDPS finds major deficiencies in anti-money laundering proposals: 
http://www.statewatch.org/news/2013/jul/eu-edps-money-laundering-prel.pdf

and Opinion: http://www.statewatch.org/news/2013/jul/eu-edps-money-laundering-opinion.pdf

24.  EU-EAW: Council of the European Union: Replies to questionnaire on quantitative information on the practical operation of the European arrest warrant – Year 2012 (pdf). The three leading states issuing EAWs (and the number of people surrendered as a result) were: Poland 3,497 (1,103), Germany 1,984 (1,104) and France 1,087 (322). NB: the number of people surrendered includes those where warrants were issued in previous years):
http://www.statewatch.org/news/2013/jul/eu-council-eaw-stats-7196-rev2-12.pdf

25.  CoE-MALTA: Council of Europe anti-torture Committee publishes report on Malta (link to Press release):
http://www.cpt.coe.int/documents/mlt/2013-07-04-eng.htm

Report: http://www.cpt.coe.int/documents/mlt/2013-12-inf-eng.htm
and Response of government: http://www.cpt.coe.int/documents/mlt/2013-13-inf-eng.pdf

26. EU: Council of the European Union: Council conclusions on the Commission and the High Representative of the European Union for Foreign Affairs and Security Policy joint communication on the Cybersecurity Strategy of the European Union: An Open, Safe and Secure Cyberspace: 
http://www.statewatch.org/news/2013/jul/eu-council-concl-cyber-security-strategy-june-13.pdf

27. EU: Council of the European Union: Provisional agendas for Justice and Home Affairs Councils (July-December 2013):
http://www.statewatch.org/news/2013/jul/eu-council-jha-draft-agendas.pdf

28. EU: Law enforcement authorities to gain access to European visa database on 1 September
http://www.statewatch.org/news/2013/jul/vis-lea-access.htm

29. EU-Russia: UK shuns working arrangement between the European Police College and the Russian interior ministry on security grounds:
http://www.statewatch.org/news/2013/jul/cepol-russia2.htm

30. EU: EUROSUR REGULATION: Full text as agreed between the Council of the European Union and the European Parliament: Draft Regulation of the European Parliament and of the Council establishing the European Border Surveillance System (EUROSUR) (11367-13, 25-6-13):
http://www.statewatch.org/news/2013/jul/eu-council-eurosure-regulation-11367-13.pdf

31.  EU: EXIT-ENTRY SYSTEM: Council of the European Union: Proposal for a Regulation of the European Parliament and of the Council establishing an Entry/Exit System (EES) to register entry and exit data of third country nationals crossing the external borders of the Member States of the European Union (11143-13, pdf) Council working party discussions developing its negotiations – more powers for law enforcement agencies. Contains Member State positions:http://www.statewatch.org/news/2013/jul/eu-council-entry-exit-11143-13.pdf

See: Statewatch coverage: Member States want access to the proposed Entry/Exit System for law enforcement and counter-terrorism agencies and Presidency under pressure to “ensure law enforcement access” to proposed entry/exit migrant database: 
http://www.statewatch.org/news/2013/may/11eu-entry-exit-system.html

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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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