Statewatch News Online, 30 March 2017 (05/17)

30 March 2017 — Statewatch

ANALYSIS & BRIEFING
http://www.statewatch.org/analyses.htm

1. Viewpoint: 9th report on relocation and resettlement: Mystification
2. EU: Briefing on cooperation between Frontex, non-EU states and international organisations

NEWS

1.   UK-EU: Brexit Letter to EU
2.   Reunifying Ireland: An EU law perspective
3.   Spain: Numbers of migrants and refugees arriving in Spain by boat on the increase
4.   CoE: calls on Hungary to reconsider new law that risks exposing migrant children
5.   UK: Coppers ‘persistently’ breach data protection laws with police
6.   Ill-Treatment Of Migrants In Greek Law Enforcement
7.   EU: Project SMILE: Interface for European telecommunications interception
8.   Enough is enough: deaths on the western Balkans route
9.   Dissent is not a crime News from Netpol
10. USA: Why does WikiLeaks keep publishing U.S. state secrets? Private contractors
11. EU: Humanitarian Visas, still an open question
12. UN: Report of the Special Representative of the Secretary-General on Migration
13. Bulgaria Bans Book That Attacks Government Critics
14. HUNGARY-SERBIA: Police violence against migrants and refugees at Hungarian-Serbian border
15. UK: Met police accused of using hackers to access protesters’ emails
16. EU: Child migrants endure ‘abysmal conditions’
17. Dealbreaker: EU migration policy causes more harm and chaos one year after EU-Turkey deal
18. Role of the State in Migration Control: The Legitimacy Gap and Moves towards a Regional Model
19. POLAND: Can pre-trial detention last for nearly eight years? A view from Poland
20. EU: Statistics on asylum application in 2016 1.2 million first-time asylum seekers registered
21. ICPR report describes vast disparities in use of imprisonment in 10 countries around the world
22. UK: London, 5 April 2017: Picket at Undercover Policing Inquiry hearing
23. European, North Africa ministers seek to curb Libya migrant flows
24. UK: Surveillance and protests: State surveillance of protest and the rights to privacy
25. European Parliament: Revision of the Schengen Information System for border checks
26. European Ombudsman launches Inquiry into availability of Council legislative documents
27. Historical images of para-military policing
28. Police Scotland confirms secret G8 file on notorious undercover police unit
29. UK: A National Surveillance Camera Strategy for England and Wales Surveillance Strategy
30. Council of Europe: Immigration detention

DOCUMENTATION (Annotated)

1.   Council of the European Union: Progress report on EES and ETIAS
2.   Relocation of refugees in EU has failed so Council turns to draconian returns
3.   EU: Counter-Terrorism Coordinator: children accompanying “Foreign Terrorist Fighter Returnees”
4.   Restricted Eurojust report highlights use of intelligence in terrorism court cases across the EU
5.   EU: Council of the European Union: Qualifications Regulation: Latest draft position:
6.   European Commission: Report onf emergency support within the Union
7.   EU: eu-LISA Single Programming Document 2017-2019
8.   Council European Union: Criminal justice in
9.   EU: European Commission report: On the joint review of passenger name records to USA
10. European Commission report: joint review of EU-USA: TFTP
11. UN Special Rapporteur: midst of  struggle “for future of equality, humanity and democratic values”
12. EU- AFRICA-LIBYA: Council of the European Union: EU targets Libyan refugees
13. EU: Council of the European Union: Data Retention & International criminal law agreements
14. EU: Council of the European Union: Humanitarian Visas: Court case
15. EU: Council of the European Union: ETIAS and Reception Directive
16. EU: European Commission: new EU Action Plan on Drugs
17. EU: Council plans to “map” security checks on refugees, migrants and EU citizens
18. EU: Council Presidency treads a tricky path in trying to get Member State “solidarity” on refugees
19. EU: European Travel Information and Authorisation System (ETIAS): data protection warning
20. EU: Council of European Union: Resettlement, “Blue Card” (Legal migration) and Refugee rights
21. EU to step up backing for military missions
22. EU: DATA RETENTION: Council calls in the “experts” to try and get round the law
23. EU: ENTRY-EXIT SYSTEM (EES)
24. EU: European Commission belatedly makes available: Africa: “Partnership Frameworks”
25. Refugees: Commission: Draconian Recommendations to “substantially increase rate of return”
26. European Commission: Relocation, EU-Turkey “deal” and EU Border Agency
27. Commission pushes for returns and readmission – having given up on relocating refugees
28. EU: European Commission: Fifth progress report towards an effective and genuine Security Union
29. EU: Final text of the 2017 Directive on Combating Terrorism

Statewatch Observatory on the refugees crisis in the Med and inside the EU

ANALYSES and Briefing

1. Statewatch Viewpoint: 9th report on relocation and resettlement: Mystification and selective use of data in effort to present a dysfunctional approach as “sustainable” (pdf):

“On 8 February 2017, the Commission produced its ninth report on relocation and resettlement, covering a two-month period from 8 December 2016 to 7 February 2017. It basically offers an update on the figures and developments from the previous report, noting the resettlement of 13,968 people overall under the scheme and 3,813 relocations in the reporting period, viewed as maintaining “the overall positive trend” with December recording the record figure to date (1,926) and bringing the total to 11,966, up from 8,162….

The point is that the very limited targets for relocations are not being met, and it would make very little difference to the situation in Greece and Italy if they were met.”

2. EU: New Statewatch briefing on cooperation between Frontex, non-EU states and international organisations

The purpose of cooperation between Frontex and third countries is principally to try to minimise the number of people arriving at the EU’s borders by extending the use of EU “border management” policies, techniques and technologies to those countries. Indeed, “measures in third countries” make up the first step of the “four-tier access control model” that was part of the EU’s original concept of ‘Integrated Border Management’. The other three were “border control, control measures within the area of free movement, including return)”.

This briefing provides a comparative overview of current agreements between Frontex and non-EU states and international organisations. It examines the overall framework for concluding such agreements, the types of agreements currently in force and their content, coordination and management of the agreements and other related issues such as forthcoming agreements.

This pertains to objectively measurable declines, but also to subjective parameters, such as citizens’ faith in political and social institutions, which show the same downward tendency.”

NEWS

1. UK-EU: Brexit Letter to EU (pdf)

“We should work towards securing a comprehensive agreement. We want to agree a deep and special partnership between the UK and the EU, taking in both economic and security cooperation.”

“In security terms a failure to reach agreement would mean our cooperation in the fight against crime and terrorism would be weakened” [emphasis added]

See also earlier: White Paper (pdf)

2. Reunifying Ireland: An EU law perspective (EU Law Analysis, link):

“On 23 June 2016, Northern Ireland was one of the two UK constituent nations that voted to remain in the EU. Following that, Sinn Féin has called for a referendum for the unification of Ireland and thus for Northern Ireland to remain in the EU. This discussion has intensified after the most recent Northern Ireland Assembly election where the Unionist vote was significantly reduced….

if in the future, the majority of the people in Northern Ireland democratically decide to secede from the UK and join the Republic of Ireland, the EU legal order is able to accommodate such political development. The secession of Northern Ireland will not mean the creation of a new (Member-)State. Instead, it will trigger the territorial expansion of an EU Member State to which EU law already applies in accordance with Article 52 TEU..” [emphasis added]

3. Spain: Numbers of migrants and refugees arriving in Spain by boat on the increase

According to the information received by the delegation of Associación Pro Derechos Humanos Andalucía in Cádiz, it was confirmed on the morning of 21 March 2017 that two dinghies carrying more than 50 people arrived on the coast of the Bay of Cádiz. They arrived without the need for any intervention by the authorities and, according to the Red Cross, it is believed that there have been no injuries or people lost at sea…..

4. Council of Europe calls on Hungary to reconsider new law that risks exposing migrant children to sexual exploitation (Press release, link):

“In a letter to Hungarian Prime Minister Viktor Orbán, published today,Claude Janizzi, the Chairperson of the Council of Europe Lanzarote Committee expressed hisconcern that the adopted law – “On the amendment of certain acts related to increasing thestrictness of procedures carried out in the areas of border management” – will negatively impacton the implementation of the Lanzarote Convention, to which Hungary is party, in mainly twoways:·

Unaccompanied migrant children between 14 and 18 will be considered adults during theemergency crisis and will not benefit from child protection measures, including theappointment of a guardian;·

These children will be placed in transit zones with a greater risk of becoming victims ofsexual abuse or exploitation.”

See: Letter (pdf)

5. UK: Coppers ‘persistently’ breach data protection laws with police tech – Staff association warns that systems ‘increasingly’ being used for personal reasons (The Register, link):

“Coppers in England and Wales are “persistently” committing data breaches, according to the Police Federation’s head of misconduct.

Technologies from the Police National Computer (PNC) systems through to the Automatic Number Plate Recognition (ANPR) databases are “increasingly being used by officers for non-work related reasons” according to the Police Federation, the statutory staff association for officers – all of whom are barred from joining an ordinary trade union under the Police Act 1996.”

See also: PCSOs jailed after implicating innocent man in an attempted murder (BBC News, link) and Safe in Police hands? How Police Forces suffer 10 data breaches every week and still want more of your data (Big Brother Watch, link)

6. Ill-Treatment Of Migrants In Greek Law Enforcement – Are the Strasbourg Court Judgments the Tip of the Iceberg? (EU Migration Law, link):

Nikolaos Sitaropoulos, Head of Division and Deputy to the Director, Office of the Council of Europe Commissioner for Human Rights.All views expressed herein are strictly personal.

“A number of reports by international human rights organisations, like CPT and Amnesty International, have recorded numerous cases of ill-treatment, including torture, suffered by migrants while under the control of Greek law enforcement officials. Despite the frequent reporting of such incidents there have not been any major cases brought before the European Court of Human Rights (‘Strasbourg Court’ or ‘the Court’) until recently.”

7. EU: Project SMILE: Interface for European telecommunications interception (link):

“The European Investigation Order in criminal matters allows judicial authorities in all EU Member States to instruct each other to collect evidence. It also sets forth provisions for cross-border telecommunications surveillance. The European standardisation institute ETSI is consequently working on interfaces for the hand-over of intercepted phone calls.”

8. Enough is enough: deaths on the western Balkans route (IRR News, link):

“A public push is needed to stop refugee and migrant deaths on the western Balkans route.

IRR News continues its investigation into violations and deaths at EU borders, focusing on seven deaths in the Serbian, Hungarian and Bulgarian border zones.”

9. Dissent is not a crime News from Netpol  March 2017 (link):

“Welcome to the March 2017 edition of our newsletter, with an update on the policing of anti-fracking protests in Lancashire and news of a new Netpol campaign launching next week.”

10. USA: Why does WikiLeaks keep publishing U.S. state secrets? Private contractors. (Washington Post, link):

“By outsourcing key intelligence work, the government has made classified material more vulnerable….

When WikiLeaks released more than 8,000 files about the CIA’s global hacking programs this month, it dropped a tantalizing clue: The leak came from private contractors. Federal investigators quickly confirmed this, calling contractors the likeliest sources. As a result of the breach, WikiLeaks editor Julian Assange said, the CIA had “lost control of its entire cyberweapons arsenal.””

11. EU: Humanitarian Visas, still an open question (balcanicaucaso.org, link):

“The recent verdict of the European Court of Justice comes as a blow to those who want to see safe and legal access to the EU for refugees. But the reform of the Code on Visas offers another chance for change, and the European Parliament is keen on not letting it get away.”

12. UN: Report of the Special Representative of the Secretary-General on Migration

“The present report, which was prepared by the Special Representative of the Secretary-General on Migration, makes recommendations for the better management of migration through international cooperation, and proposes ways of strengthening the engagement of the United Nations on migration, as noted by the General Assembly in its resolutions 70/302 and 71/1.”

13. Bulgaria Bans Book That Attacks Government Critics (OCCRP, link):

Bulgaria halted Wednesday the distribution of a book that slammed several journalists, activists and politicians as “foreign mercenaries” who want to take control of the country with the help of philanthropist George Soros.

“Robbers of Democracy” was released Monday and handed out for free alongside the highest circulation newspaper in Bulgaria, the Telegraph daily, owned by media mogul Delyan Peevski.

The country’s Central Election Commission halted the distribution following a complaint made by the Yes, Bulgaria! party, which the book condemns as a Soros orchestrated power-grab.

14. HUNGARY-SERBIA: Police violence against migrants and refugees at Hungarian-Serbian border

A video by the Serbian volunteer group Fresh Response has collected the testimonies of numerous people who have suffered violence and mistreatment at the hands of Hungarian police whilst trying to cross into the country from Serbia. The film includes numerous accounts of beatings with batons, the use of dogs and pepper spray, and the confiscation of shoes and clothes in freezing conditions. The group argues that many of the testimonies describe “acts that can be only seen as torture,” and that “the enormous scale and clear pattern of violence leave no doubt: these are not just rare and isolated acts of brutality.”

15. UK: Met police accused of using hackers to access protesters’ emails (The Guardian, link):

The police watchdog is investigating allegations that a secretive Scotland Yard unit used hackers to illegally access the private emails of hundreds of political campaigners and journalists.

The allegations were made by an anonymous individual who says the unit worked with Indian police, who in turn used hackers to illegally obtain the passwords of the email accounts of the campaigners, and some reporters and press photographers.

The person, who says he or she previously worked for the intelligence unit that monitors the activities of political campaigners, detailed their concerns in a letter to the Green party peer Jenny Jones. The peer passed on the allegations to the Independent Police Complaints Commission (IPCC), which is investigating.

16. EU: Child migrants endure ‘abysmal conditions’ (EUobserver, link):

Children who trekked alone to reach Europe often find themselves living in “abysmal conditions” upon arrival and are being denied free legal aid.

The findings are part of a thematic report, released on Wednesday (22 March) by Strasbourg-based human rights overseer the Council of Europe.

Spearheaded by Tomas Bocek, the report says children left to fend for themselves are sometimes found begging in Turkey and, in some cases, arrested and detained.

See the report: Thematic Report on migrant and refugee children: Prepared by the Special Representative of the Secretary General on migration and refugees (pdf)

17. Dealbreaker: EU migration policy causes more harm and chaos one year after EU-Turkey deal (OpenDemocracy, link):

Agreed on 18 March 2016, the EU-Turkey deal drew a line in the sand, after which all migrants and refugees who crossed from Turkey to the Greek islands, and who did not apply for asylum in Greece or whose claim was refused, would be returned to Turkey.

The EU-Turkey deal has not lived up to its promise of ending irregular migration and has, in the meantime, caused enormous suffering. People are languishing in horrible conditions across the EU, record numbers of people still die at sea, or are trapped in Turkey, Libya and beyond. Over 60,000 people have been left in limbo in Greece, and a further 8,000 stranded in Serbia. Relocation numbers remain simply pitiful, with less than 10,000 relocations from Greece as of March 2017. Levels of trauma, depression and suicide among migrants and refugees have increased.

In a recent case brought before the European Court of Justice, the EU even argued that it cannot be held responsible for any consequences of the deal because it was “just a press release”. So essentially, a document of “no legal value” is causing unjustifiable human cost, drastically changing policy and promising billions of euros to Turkey for keeping its end of the deal.

18. Book: The Role of the State in Migration Control: The Legitimacy Gap and Moves towards a Regional Model (Brill, link):

This research questions the seemingly ossified premise that states have an absolute discretion to control international migration. Applying Max Weber’s theories of legitimacy, it determines that while states have certain traditionally legitimate functions, migration control, as distinct from the determination of citizenship, is not one such function. Measures of migration control must thus be justified on a rational-legal basis, that is, on a minimal evidential basis.

Acknowledging the many obstacles states face in carrying out this legitimising exercise, it is suggested that a supranational approach at the regional level is the most sustainable long-term model, with an ultimate aim of achieving inter-regional cooperation on migration management on the basis of equality between regions.

19. POLAND: Can pre-trial detention last for nearly eight years? A view from Poland (Fair Trials, link):

Michal started to be detained pre-trial in mid-May 2009. The pre-trial detention decision was consecutively extended no less than 29 times, and each time the criminal court would repeat the same justifications: a) a severe penalty is to be imposed on the defendant, if he is found guilty, b) prima facie evidence indicates that he had committed the imputed offences and c) the defendant risks to pervert the course of justice. However, none of the courts has ever indicated how the man could have possibly interfered with the proceedings lasting for almost eight years. In the end, Michal has been detained for seven years and ten months despite the fact that the case was sent to a retrial and the non-final sentence of 10 years of imprisonment was not challenged by the prosecution.

20. EU: Statistics on asylum application in 2016 published: 1.2 million first-time asylum seekers registered

In 2016, 1 204 300 first time asylum seekers applied for international protection in the Member States of the European Union (EU), a number slightly down compared with 2015 (when 1 257 000 first time applicants were registered) but almost double that of 2014 (562 700)

Syrians (334 800 first time applicants), Afghans (183 000) and Iraqis (127 000) remained the main citizenship of people seeking international protection in the EU Member States in 2016, accounting for slightly more than half of all first time applicants.

See: Asylum in the EU Member States – 1.2 million first time asylum seekers registered in 2016 (press release, pdf)

And: Asylum statistics – statistics explained (pdf): “This article describes recent developments in relation to numbers of asylum applicants and decisions on asylum applications in the European Union (EU) .

21. New ICPR report describes vast disparities in use of imprisonment in 10 countries around the world (prisonstudies.org, link):

Overcrowding, inhumane and degrading detention conditions and disproportionate harm to marginalised groups are some of the consequences of the rapid, unrelenting growth of imprisonment worldwide, according to Prison: Evidence of its use and over-use from around the world, published today [16 March] by the Institute for Criminal Policy Research (link is external) (ICPR), Birkbeck, University of London, and the NGO, Fair Trials.

…The report, by Jessica Jacobson, Catherine Heard and Helen Fair, draws on ICPR’s unique World Prison Brief database and describes patterns and trends in imprisonment in ten contrasting countries across all five continents.

See the report: Prison: evidence of its use and over-use from around the world (pdf)

In our capacity as President of the Conference of INGOs of the Council of Europe and President of the Expert Council on NGO Law we are concerned about the statements made by certain Hungarian politicians and information reported by the media, labelling some non-governmental organisations (NGOs) as foreign agents…

22. UK: London, 5 April 2017: Picket at Undercover Policing Inquiry hearing

“Join us to demand disclosure on political policing abuses in the UK

Where? Royal Courts of Justice
When? 9-10am April 5th 2016 – on the first day of the hearing
What? Picket – bring banners, & placards
Who? Anyone who cares about our democracy

It is over six years since the undercover policing scandal broke, creating shock that the police could commit such abuses against social, animal, and environmental justice campaigners in our country. Women have been deceived into abusive intimate relationships, miscarriages of justice have been perpetrated, families fighting the police for justice have been spied on, trades union activists have been blacklisted. They, and we, need to know what has happened and why, so that we can repair the damage done to our lives and our democracy.”

See: Picket at Undercover Policing Inquiry hearing (Police Spies Out of Lives, link)

23. European, North Africa ministers seek to curb Libya migrant flows (euractiv, link):

“Interior ministers mainly from the central Mediterranean region met in Rome yesterday (20 March) to ramp up efforts to curb migration from Libya amid a sharp rise in the number of people trying to cross to Europe.

One year after a controversial deal with Turkey to stop migrants setting out across the Aegean Sea for Greece, the European Union is seeking to reach a similar accord with conflict-hit Libya, despite fierce opposition from human rights campaigners.”

Interior ministers from Algeria, Austria, France, Germany, Italy, Libya, Malta, Slovenia, Switzerland and Tunisia took part in the meeting, along with European Commissioner for Migration Dimitris Avramopoulos.

The group released a declaration of intent which limited itself to promising increased coordination and information-sharing in a bid to tackle the root causes of migration, as well as combat smuggling and strengthen borders.”

See: Declaration of Intent (Italian, pdf) and see: Remarks by Commissioner Avramopoulos following the Ministerial Conference on the Central Mediterranean Migration Route in Rome (pdf)

24. UK: Surveillance and protests: State surveillance of protest and the rights to privacy and freedom of assembly: a comparison of judicial and protester perspectives (pdf) by Val Aston:

“This paper considers the approach taken by the UK courts to the use of visible, overt police surveillance tactics in the context of political assemblies. Contrasting judicial attitudes to the direct experiences of protesters themselves, the paper argues that the narrow approach taken by the courts to questions of privacy, based on informational autonomy and the ‘reasonable expectation of privacy’ test, has led to the insufficient recognition of the psychological, social and political harms arising from intensive surveillance operations.

The paper argues for a broader view of privacy, or in the alternative, a more robust application of the right to freedom of assembly, to protect protest mobilisations and assemblies from disruptive and intrusive aspects of overt state surveillance.”

25. European Parliament: Revision of the Schengen Information System for border checks (pdf):

“In December 2016, the European Commission put forward a legislative package containing several proposals aimed at responding more effectively to new migration and security challenges. One focuses on improving and extending the use of the SIS in the field of border checks. It provides for more effective use of fingerprints and facial images in the SIS and would oblige Member States to record all entry bans issued to third-country nationals staying illegally in their territory.”

And see: Revision of the Schengen Information System for law enforcement (pdf):

“One of these proposals is focused on improving and extending the use of the SIS in the field of police cooperation and judicial cooperation in criminal matters. It clarifies procedures, creates new alerts and checks, extends the use of biometrics, and enlarges access for law enforcement authorities.” [emphasis added]

26. European Ombudsman launches Inquiry into availability of Council legislative documents

Tony Bunyan, Statewatch Director comments: “the root of legislative secrecy lies in secret trilogues”

On 10 March 2017 the European Ombudsman launched an inquiry into: “the disclosure of documents from discussions on draft EU legislative acts in Council preparatory bodies.”

See: Access to documents relating to Council preparatory bodies when discussing draft EU legislative acts (pdf)

The letter to the Council observes that:

“The General Secretariat of the Council (GSC) does not proactively make available documents reflecting the positions of individual Member States during negotiations. This approach, however, is without prejudice to the right of public access to documents provided for in Regulation 1049/20015. These documents can be made available after the act in question has been adopted, provided that they are not covered by any exception laid down in Article 4 of Regulation 1049/2001. [emphasis added]

The notion that legislative documents are only made public after a measure is adopted has no place in a democracy.

The reality is that Member States positions in the Council developing its negotiating position are hidden in LIMITE documents see for example: RECEPTION DIRECTIVE: Proposal for a Directive of the Council laying down standards for the reception of applicants for international protection (LIMITE doc no 7004-17, pdf) 97 Footnotes with Member State positions.

27. Historical images of para-military policing by Tony Bunyan: The following images are of para-military policing and the army in civil society

The story and images (pdf)

•. 1st Image (pdf) The first probably came out of the Kent State shooting or Massacre on 4 May 1970 by the Ohio National Guard

•. 2nd image (pdf) The second is the front cover of “Movement” (February 1973) which highlighted the emergence of para-military in the UK following on from “Bloody Sunday” in Derry. The adapted image form a soldier to a policeman was done by an artist at Hornsey Art College (Crouch End Hill, North London) as a linotype on brown cartridge paper.”Movement” was a libertarian socialist magazine collective which went on to become “Writing on the Wall” and then “The Leveller”.

3rd image The above image, with the permission of the artist, was used on the front cover of “The history and practice of: The Political Police in Britain” by myself. It was written after the 1973-1974 miners strike and the emergence of the coercive state. It is still available from Statewatch

4th image The fourth image – remarkably similar to its predecessors – is now being given out at British Army Arms Sales Exhibitions.

28. Police Scotland confirms secret G8 file on notorious undercover police unit (Herald Scotland, link):

“POLICE Scotland has confirmed that a secret file was created on the activities of a disgraced undercover unit at the G8 summit at Gleneagles.

The “intelligence briefings” on the National Public Order Intelligence Unit, whose officers had sex with the protestors they spied on, will now be examined by a watchdog as part of its covert policing probe. Police Scotland said they would not comment on the contents of the file.

Two Met-based units – the Special Demonstration Squad and the NPOIU – were set up to keep tabs on so-called subversives and domestic extremists.”

29. UK: A National Surveillance Camera Strategy for England and Wales Surveillance Strategy (pdf):

Tony Porter, the Surveillance Camera Commissioner launches a national surveillance camera strategy for England and Wales, to help keep people safe in public places and respect their right to privacy.

This strategy aims to provide direction and leadership in the surveillance camera community to enable system operators to understand good and best practice and their legal obligations (such as those contained within the Protection of Freedoms Act, Data Protection Act and Private Security Industry Act).”

30. Council of Europe: European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT): Immigration detention (pdf): Very good summary of law and rights:

“Immigration detention is a primary focus of the work of the CPT. It has carried out hundreds of visits to immigration detention facilities, and has developed a detailed set of standards.

The CPT’s standards build on legal principles originating from international (human rights) instruments, such as the European Convention on Human Rights (ECHR), the Committee of Ministers’ Twenty Guidelines on Forced Return, relevant United Nations (UN) treaties, and the 2008 European Union (EU) Return Directive.”

DOCUMENTATION (Annotated)

1. Council of the European Union: Progress report on EES and ETIAS

The Council Presidency has produced a report for COREPER and the Mixed Committee (which includes 4 non-EU countries that are part of the Schengen agreement – Iceland, Liechtenstein, Norway, Switzerland) on the “state of play” on: Information Technology (IT) measures related to border management a) Entry/Exit System (EES) b) EU Travel Information and Authorisation System (ETIAS) = Progress report (LIMITE doc no: 7064-17, pdf).

2. Relocation of refugees in EU has failed so Council turns to draconian returns policy – including the targeting of children for detention

The Council Presidency is working on a plan to “significantly improve the return system within the EU” and “improve cooperation on readmission”.

See: EU: Council of the European Union: Return Policy: enhancing effectiveness a) Commission Recommendation on making returns more effective when implementing the Directive 2008/115/EC b) Commission Communication on a more effective return policy in the European Union – A renewed Action Plan = Policy debate (LIMITE doc no: 7112-17.pdf)

A policy poposed proposed on 1 June 2015 by Commissioner for Home Affairs, Dimitris Avramopoulos in a Letter to EU Home Affairs Ministers which presents a dehumanised portrayal of refugees and shows how to by-pass three detention related provisions of the Returns Directive.

3. EU: Counter-Terrorism Coordinator: how should the authorities respond to children accompanying “Foreign Terrorist Fighter Returnees”?

A recent report produced by the EU’s Counter-Terrorism Coordinator suggests numerous ways national authorities could deal with children returning to Europe with individuals who have engaged in terrorist activity abroad, including the possibility of using “closed child facilities” – i.e. detention – in certain cases.

See: EU Counter-Terrorism Coordinator, Member States’ approaches to dealing with accompanying family members of Foreign Terrorist Fighter Returnees, in particular children: Results of the questionnaire and follow-up (6900/17, LIMITE, 6 March 2017, pdf)

Also just published: Restricted Eurojust report highlights use of intelligence in “foreign fighters” court cases across the EU

The report is based on the findings of a questionnaire on “dealing with accompanying family members of Foreign Terrorist Fighter Returnees, in particular children” that was issued to all Member States.

4. Restricted Eurojust report highlights use of intelligence in terrorism court cases across the EU

A restricted report prepared in November 2016 by Eurojust, the EU’s judicial cooperation agency, provides a detailed overview of the ongoing response to “foreign terrorist fighters” in law and jurisprudence, focusing in particular on the use of intelligence in legal proceedings and the prosecution of women who have travelled to conflict zones where terrorist groups are active.

See: Eurojust, Foreign Terrorist Fighters: Eurojust’s Views on the Phenomenon and the Criminal Justice Response – Fourth Eurojust Report (November 2016) (1/R/2016, RESTRICTED, November 2016, 13MB pdf)

5. EU: Council of the European Union: Qualifications Regulation: Latest draft position: Regulation on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection (pdf): 163 Footnotes with Member States’ positions.

“This document contains compromise proposals suggested by the Presidency in relation to all articles, except for the following items placed between square brackets and which will be discussed as a later stage…

Suggested modifications are indicated as follows: – new text compared to the Commission proposal is in bold – new text compared to the previous version of this document is in bold underlined – deleted text is in strikethrough

6. European Commission: Report on the implementation of Regulation (EU) 2016/369 on the provision of emergency support within the Union (COM 131-17, pdf):

European Commission Factsheet published on 13 January, 2015 alerted the EU in “Questions and Answers: Smuggling of Migrants in Europe and the EU response” that: In 2014, more than 276,000 migrants irregularly entered the EU, which represents an increase of 155% compared to 2013. Syrians together with Eritreans were the largest group apprehended at EU external borders trying to enter the EU in an irregular manner.”

This report notes that: “In 2015 and 2016, close to 1.1 million persons, who may be in need of international protection, and irregular migrants (hereafter referred to as ‘refugees and migrants’) made their way to the European Union (EU) along the Eastern Mediterranean route.”

So why did it take until 2 March 2016 for the Commission to adopt a proposal on the provision of emergency support within the Union. (the Regulation was adopted by the Council on 15 March 2016)? Why was the “experience of the EU Humanitarian Aid and Civil Protection department” not immediately activated at the beginning of 2015?

It should also be noted that:

“Greece was the only Member State that met the two ‘eligibility’ conditions set out in the Regulation:

the exceptional scale and impact of the disaster give rise to severe wide-ranging humanitarian consequences in one or more Member States; and no other instrument available to Member States and to the Union is sufficient.

As a result, all the actions funded under this Regulation to date were exclusively aimed at tackling the humanitarian situation in Greece.”

7. EU: eu-LISA Single Programming Document 2017-2019 (pdf):

“The purpose of the Single Programming Document of the European Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice is to give a structured overview of the main objectives and activities to be achieved and performed in 2017. It reveals the connections and the logic in the breakdown of the long-term strategic goals into multiannual and annual objectives and outcomes….

The Agency successfully delivers its core task: of providing operational management of the VIS, SIS II, and EURODAC systems.”

8. EU Council of the European Union: Criminal justice in cyberspace – Improving collaboration and coordination (LIMITE doc no: 7479-17, pdf):

The fight against crime has become more than ever dependant on access to electronic data – data which do not belong to law enforcement or judicial authorities, nor can be regulated by JHA policy makers alone. However, the availability of and access to these data has been reduced due to technical and/or legal reasons: cloud-based storage, limited retention of data, use of encryption, use of Carrier Grade NAT solutions or virtual currencies. Collaboration and coordination with partners and stakeholders is therefore essential to establish workable solutions.”

As working on these matters needs to take account of various sectors and legitimate interests (e.g. of LEA/judiciary, data protection/human rights, internal market/trade, electronic communications), there is a clear need of improved coordination and collaboration at national and EU level between the different policy fields.

Regular cyber and/or ICT dialogues with third countries would facilitate international cooperation, in particular with those third countries where most of the service providers are located.” [NB:”third countries” particularly include the USA] [emphasis in original]

See also: 6890-17 (LIMITE doc, pdf) and Encryption: Challenges for criminal justice in relation to the use of encryption – future steps – progress report (LIMITE doc no: 14711-16, pdf)

9. EU: European Commission report: On the joint review of the implementation of the Agreement between the European Union and the United States of America on the processing and transfer of passenger name records to the United States Department of Homeland Security{ (COM 29-17, pdf):

“despite the positive implementation of the Agreement, some improvements remain necessary. Article 2 provides that the scope of the Agreement covers flights with a US nexus. The use of an override mechanism to access non US nexus PNR data is subject to a number of conditions and subject to oversight. The number of overrides has increased since the 2013 review and DHS need to record detailed reasons of why overrides have been used to better understand why they occur.

In relation to Article 5, the number of personnel with access rights to PNR data has increased since the previous review in 2013. Whilst the EU team is satisfied with the oversight mechanisms in place, DHS is invited to continue to monitor the number of staff with access rights to PNR data to ensure that only those with an operational need to use and view the data can do so….

In relation to Articles 16 and 18, DHS should provide further information on exactly what data is being collected under these provisions and be in a position to provide further information on data that has been shared with other US authorities, and police, law enforcement and judicial bodies within the EU.

See; 2012 EU-USA PNR Agreement (pdf)

And see: Staff Working document: SWD-14 (SWD, 45 pages, pdf) and Letter from US Homeland Security: SWD 20 (pdf)

10. European Commission report: On the joint review of the implementation of the Agreement between the European Union and the United States of America on the processing and transfer of Financial Messaging Data from the European Union to the United States for the purposes of the Terrorist Finance Tracking Program (pdf):

This report concerns the fourth joint review of the Agreement since it entered into force and covers a period of 22 months between 1 March 2014 and 31 December 2015.”

And see detailed Staff Working Docuent: SWD 17 (52 pages, pdf): “In how many cases was information derived from accessing these payment messages provided to competent authorities in the EU, including Europol and Eurojust?

During the 22 months of the current review period, U.S. investigators supplied 93 TFTPderived “reports” consisting of 2,680 leads pursuant to Article 9 and an additional 8,998 “leads” pursuant to Article 10 to competent authorities of EU Member States and Europol. A single TFTP report may contain multiple TFTP leads. For example, a single Article 9 spontaneous report provided to Europol during the review period contained 147 TFTP leads.”

11. UN Special Rapporteur: we are in the midst of a struggle “for the future of equality, humanity and democratic values”

The UN’s Special Rapporteur on freedom of assembly and association has warned that the world is “in the midst of an epic global struggle” between “tyranny and intolerance on the one hand, and self-determination and dignity on the other,” that will shape “the future of equality, humanity and democratic values.”

12. EU- AFRICA-LIBYA: Council of the European Union: EU targets Libyan refugees

Migration policy: implementation: – External aspects: contribution of Ministers of Interior = Discussion paper (LIMITE doc no: 7110-17, pdf): Following the 3 February 2017 Malta Declaration (pdf) the Council Presidency reports that “its implementation has now taken off.” The aim is to cut or halt refugees arriving in the EU via Libya and the same for the neighbouring states to Libya. This includes:

“Supporting IOM in significantly stepping up assisted voluntary return activities…

“IOM would need to recruit more staff, post international staff in Tripoli (IOM office planned to be open by the end of March 2017) and more importantly, assist the country of origin’s consuls in neighbouring countries to increase their capacity to issue travel documents. This is currently considered the main bottleneck in carrying out assisted voluntary returns from Libya. [emphasis added]

And: “Helping to reduce the pressure on Libya’s land borders, keeping track of alternative routes and possible diversion of smugglers’ activities as well as deepening dialogue and cooperation on migration with all countries neighbouring Libya.”

Also from the Valletta Plan:

“enhancing adequate reception capacities and conditions in Libya and neighbouring countries for migrants;

  • improving the socio-economic situation and resilience of host communities in Libya and neighbouring countries;
  • enhancing border management capacity on Libya’s land borders..”

[emphasis added]

“Reception capacities” equals holding centres.

See also: Mission impossible? Secret EU report makes clear problems in rebuilding Libyan state (Statewatch): With the EU committed to halting cross-Mediterranean irregular migration, a recent classified report produced by the EU’s Border Assistance Mission (EUBAM) Libya makes clear the difficulties that lie ahead in attempting to establish functioning state institutions in the country, including those willing to comply with European demands for “integrated border management”. See: EUBAM Libya Initial Mapping Report Executive Summary (25 January 2017, 5616/17, EU RESTRICTED, pdf)

13. EU: Council of the European Union: Data Retention & International criminal law agreements

• Data retention: Retention of electronic communication data (LIMITE doc no: 6726- REV-1-17. pdf):

On 8 April 2014 the Court of European Justice (CJEU) ruled that the 2006 Data Retention Directive had been unlawful since it was adopted. Now nearly three years later the EU has failed to respond and adopt a new measure to meet the Court’s judgment.

Europol says in its submission that:

“The overturning of the Data Retention Directive by the European Court of Justice (ECJ) in its ruling of 8 April 2014 in Digital Rights Ireland 1 has created a scattered legal landscape for law enforcement and prosecutors to obtain relevant data from private parties. The annulment of the Data Retention Directive as such had no immediate effect on the national implementing legal acts. Therefore, in some Member States (MS), there is currently still legislation in place to ensure that telecommunication companies retain such data for law enforcement purposes, whereas in others, the national legislation has been annulled in the wake of the ECJ judgment….

This underlines, from an overall perspective, the operational need for a harmonised framework on the retention of electronic communication data.”

The document contains a compilation of the contributions provided by the Member States and Europol: Annex I – Belgium, Annex II – Czech Republic, Annex III – Germany, Annex IV – Hungary, Annex V – Ireland, Annex VI – Portugal, Annex VII – Sweden, Annex VIII – Slovenia, Annex IX – Europol.

•.Criminal law: International agreements that concern EU competences in the area of criminal law – Inventory (LIMITE doc no: 6892-17, pdf):

“CATS agreed that the practice of keeping an inventory of present and future international agreements that raise an issue of EU competence in the area of criminal law should be maintained with a view to further improving coordination in the area of external action. An updated inventory is found in the Annex.”

And see: International agreements that concern EU competences in the area of criminal law – systematic examination (LIMITE doc no: 12275-16, pdf)

14. EU: Council of the European Union: Humanitarian Visas: Court case

Humanitarian visas – Reference for a preliminary ruling on the interpretation of Article 25(1)(a) of the Visa Code (Case C-638/16 PPU, X and X v. Belgium) (LIMITE doc no: 7271-17, pdf):

“On 7 March 2017, the Court of Justice (Grand Chamber) gave its judgment in Case C-638/16 PPU, Humanitarian visas. It concerns the interpretation of Article 25(1)(a) of Regulation 810/2009 (Visa Code) and of Articles 4 (on prohibition of torture and inhuman or degrading treatment) and Article 18 (on right to asylum) of the Charter of Fundamental Rights, and more particularly the question of whether Member States were obliged by the Charter to deliver visas of limited territorial validity under Article 25(1)(a) of the Visa Code to a family of Syrian nationals having requested such visas at the Belgian consulate in Lebanon with a view to apply for international protection in Belgium. As the preliminary ruling was about the interpretation of the Visa Code, and not about its validity, the Council did not intervene. This Case had raised a lot of concern among Member States, 14 of which intervened in support of Belgium……

One can draw from this judgment that should the EU decide to adopt harmonising legislation regarding the issuance of long-term visas or the examination of asylum or international protection applications submitted in the territory of third countries, the relevant authorities of the representations of Member States in these countries would fall within the scope of EU law and therefore within the scope of the Charter of Fundamental Rights”

15. EU: Council of the European Union: ETIAS and Reception Directive

• ETIAS: Proposal for a Regulation establishing a European Travel Information and Authorisation System (LIMITE doc no: 6929-17, pdf):

“The issue of which Member State is responsible to decide on an application for travel authorisation only arises when there is a “hit” in the context of the automated processing and the application is therefore transferred to manual processing. If there are no “hits” when the application is submitted, the travel authorisation is issued in an automated manner and no Member State needs to be involved.

If there are one or more “hits”, it is the ETIAS National Unit of the responsible Member State which will issue or refuse the travel authorisation….”

• RECEPTION DIRECTIVE: Proposal for a Directive of the Council laying down standards for the reception of applicants for international protection (LIMITE doc no 7004-17, pdf) 97 Footnotes with Member State positions. Substantial,changes proposed by the Council Presidency:

“New text to be discussed at the meeting on 16 March is indicated with addition in bold„ and the deleted text is indicated in strikehtrough”

16. EU: European Commission: Commission proposes a new EU Action Plan on Drugs to enhance action against drug use and trafficking (pdf):

“Building on the findings of the evaluation of the EU Drugs Strategy for 2013-2020 and the Action Plan for 2013-2016, the new Action Plan on Drugs provides a strengthened response to the newly-emerging health and security challenges in the area of illicit drug use and trafficking. While maintaining and updating the core policy areas and cross-cutting themes of the overall EU Drugs Strategy,…”

And see: Evaluation of the implementation of the EU Drugs Strategy 2013-2020 and of the EU Action Plan on Drugs 2013-2016: a continuous need for an EU Action Plan on Drugs 2017-2020 (COM 195, pdf)

17. EU: Council plans to “map” security checks on refugees, migrants and EU citizens at external borders on all available databases

The Council Presidency is preparing to launch a “mapping exercise” on all movements in and out of the EU at its external borders and also internally (“police checks”). See Note to: Standing Committee on Operational Cooperation on Internal Security (COSI): Security checks in case of irregular immigration – mapping exercise (LIMITE doc no: 6717-17, pdf)

For both all “third country nationals” including refugees and migrants and EU citizens the legal basis for carrying out “security checks” is:

verification that the person concerned is not likely to jeopardise the public policy, internal security, public health or international relations of any of the Member States. Such verification shall include direct consultation of the SIS and other relevant Union databases, without prejudice to the consultation of national and Interpol databases.”

18. EU: Council Presidency treads a tricky path in trying to get Member State “solidarity” on refugees

The last Council Presidency (Slovakia) sought to resolve the issues of “solidarity” in responding to the refugee crisis with the majority of Member States failing to respond to calls for relocation and set the results out in a report to Delegations: Solidarity and responsibility in the Common European Asylum System – Progress report by the Slovak Presidency (LIMITE doc no, 15253-16, pdf). In the public version of this document pages 3-5 are deleted).

The Presidency lays out the dilemma as: “there is broad consensus that the current Dublin system is not ready to face substantial migratory pressures and that this has to be remedied.”

19. EU: European Travel Information and Authorisation System (ETIAS): data protection warning

The [ETIAS] proposal would require visa-exempt travellers to undergo a risk assessment with respect to security, irregular migration and public health before entering the EU.

…The proposal provides for the establishment of screening rules, a profiling tool that would enable the ETIAS system to single out individuals suspected of posing such risks. In his Opinion, the EDPS stresses that profiling techniques, as with any other form of computerised data analysis, raise serious technical, legal and ethical questions, related to their transparency and accuracy, and calls on the Commission to produce convincing evidence establishing the need for their inclusion and use in the ETIAS system.

20. EU: Council of the European Union: Resettlement, “Blue Card” (Legal migration) and Refugee rights

• Massive re-draft of Council position: Resettlement: Proposal for a Regulationl establishing a Union Resettlement Framework and amending Regulation (EU) No 516/2014 (LIMITE doc no: 5332-17, pdf): With 150 Footnotes on Member State positions.

• “Blue Card”: Proposal for a Directive on the conditions of entry and residence of third-country nationals for the purposes of highly skilled employment (LIMITE doc no: 6633-17, pdf): With 150 Member State positions in Footnotes. Council developing its negotiating position.

• Social rights of refugees: Theme: Socio-Economic Rights of Asylum Seekers and Beneficiaries of International Protection (LIMITE doc no: 5405-17,pdf). Highly detailed Member State objections in Footnotes.

This affects the Reception Conditions Directive, Recast Dublin Regulation and Qualification Regulation

21. EU to step up backing for military missions

“On 6 March the Council adopted conclusions setting out the progress achieved in implementing the EU global strategy in the area of security and defence. The conclusions assess what has been done to implement the various lines of action agreed by the European Council on 15 December 2016. They form the basis of a report for the European Council of 9 and 10 March 2017.

The Council also approved a concept note on the operational planning and conduct capabilities for CSDP missions and operations, which contains measures to improve the EU’s capacity to react in a faster, more effective and more seamless manner, building on existing structures and in view of enhancing civilian-military synergies, as part of the EU’s comprehensive approach.

These measures include the establishment of a military planning and conduct capability (MPCC), within the existing EU Military Staff of the European External Action Service, for the planning and conduct of non-executive military missions…

See: press release: Security and defence: Council reviews progress and agrees to improve support for military missions (pdf)

Adopted: Council conclusions on progress in implementing the EU Global Strategy in the area of Security and Defence (pdf) and: Concept Note: Operational Planning and Conduct Capabilities for CSDP Missions and Operations (pdf)

22. EU: DATA RETENTION: Council calls in the “experts” to try and get round the law

Retention of electronic communication data – next steps (LIMITE doc no: 6713-17, pdf):

In the Watson/Tele2 case the Council recognises that:

“the Court ruled that Article 15(1) of Directive 2002/58/EC (the ePrivacy Directive), read in the light of the Charter of Fundamental Rights, must be interpreted as precluding national legislation “which, for the purpose of fighting crime, provides for general and indiscriminate retention of all traffic and location data of all subscribers and registered users relating to all means of electronic communication”, as well as national legislation that “governs the protection and security of traffic and location data and, in particular, access of the competent national authorities to the retained data, where the objective pursued by that access, in the context of fighting crime, is not restricted solely to fighting serious crime, where access is not subject to prior review by a court or an independent administrative authority, and where there is no requirement that the data concerned should be retained within the European Union,,,

Many delegations expressed their concerns on the implications of the judgment, which might hinder the effectiveness of the investigations and prosecutions of crimes. The majority of delegations reiterated the support expressed at the informal ministerial meeting in Valletta on 26-27 January 2017 for a coordinated approach at EU level and for discussions to continue at expert level.” [emphasis added].

The Commission three years after the Digital Rights and now confronted by the confirmation by the Court that such laws are unlawful is considering:

“how national data retention laws can be construed in conformity with the judgment:”

See: In December 2016: Watson/Tele2 Sverige AB case: The Members States may not impose a general obligation to retain data on providers of electronic communications services (Press release, pdf) and Full-text of CJEU judgment (pdf) and in 2014: “Digital Rights Ireland and Seitlinger and others”: The Court of Justice declares the Data Retention Directive to be invalid (Press release, pdf) and Judgment

23. EU: ENTRY-EXIT SYSTEM (EES): Council of the European Union: Council negotiating position for trilogue with the European Parliament:

Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EU) No 2016/399 as regards the use of the Entry/Exit System – Mandate for negotiations with the European Parliament (LIMITE doc no: 6572-17, 161 pages, pdf):

“The new addition are highlighted in bold/underline. The changes already included in the previous version of the documents are highlighted in underline. Deletions of parts of the Commission proposals are marked as […]…

A number of delegations have recalled the work carried out by the High Level Experts Group on Information Systems and Interoperability, and have called for a consistent approach on the issue of law enforcement access across the pending legislative proposals. It is suggested that a Council declaration on this issue (as revised following the discussion in the JHA Counsellors meeting of 23 February) is attached to the minutes of Coreper.” [emphasis added]

See also: High-Level Expert Group interim report (pdf) and:

Correction (LIMITE doc no: 6572-COR-1-17, pdf) See important amendments regarding non-EU agency access.

24. EU: European Commission belatedly makes available: Africa: “Partnership Frameworks” report

Third Progress Report on the Partnership Framework with third countries under the European Agenda on Migration (pdf):

“this Report is linked to the renewed Action Plan on a more effective return policy and the Recommendation on the implementation of the Return Directive adopted in parallel by the Commission. Substantial progress on returns also depends on making legal and administrative processes inside the EU simpler and more effective, and also on ensuring full cooperation with third countries of origin….

The Commission, in close cooperation with the European External Action Service, will take stock of the approach and its results in reducing irregular migration flows, addressing its root causes and improving return rates when it reports in June, one year on from the launch of the Partnership Framework….

Progress in the negotiations of the EU-Nigeria readmission agreement is of the utmost importance: the first round took place in October 2016, but a second round of talks has been postponed several times by Nigeria…

Dialogue and cooperation with Mali on return suffered a setback following inaccurate media reports in December 2016 about the signature of a formal agreement on return with the EU which never took place, and Mali did not sign Operating Procedures on readmission.” [emphasis added]

Comment. “Confusion” in the media was caused by the EU trying to “jump the gun” by saying it had signed the agreement – but Mali had not agreed: see: Mali denies agreement on failed EU asylum seekers (Modern Ghana, link)

• Returns and readmission via “Partnership Frameworks” with African states: Commission calls for accelerated delivery under the Migration Partnership Framework and further actions along the Central Mediterranean Route (Press release) pdf) including “Factsheets” on target African state:

“Tangible progress has been made with the five African priority countries, Ethiopia, Niger, Nigeria, Mali and Senegal but efforts need to be stepped up to deliver results. Along the Central Mediterranean route, work is taken forward to better manage migration, continue saving lives, step up the fight against smugglers and traffickers and offer protection to migrants in need and increase
resettlement and assisted voluntary returns.”

Annex (pdf): Detailed targets for “priority” states.
FAQ (pdf)

And see:

Secretive High Level Working Group hides EU’s push for the return of refugees and quasi-readmission agreements (Statewatch)
New proposals on migration: “partnerships” with third countries, Blue Card reform, integration plan (Statewatch)
Viewpoint: Migration, EU cooperation and authoritarianism (Statewatch, pdf)
EU-Africa: Fortress Europe’s neo-colonial project (Statewatch, pdf)

25. Refugee crisis: Commission: Draconian Recommendations to “substantially increase rate of return”

Commission: Recommendation on making returns more effective when implementing the Directive 2008/115/EC of the European Parliament and of the Council (pdf) Publication was delayed several hours:

“The objectives of such an integrated and coordinated approach in the area of return should be to: ensure swift return procedures and substantially increase the rate of return

put in place measures to effectively locate and apprehend third-country nationals staying illegally

Member States should ensure that return decisions have unlimited duration, so that they can be enforced at any moment...

ensure that return decisions are followed without delay by a request to the third country of readmission to deliver a valid travel documents or to accept the use of the European travel document

provide in national legislation for a maximum initial period of detention of six months that can be adapted by the judicial authorities in the light of the circumstances of the case, and for the possibility to further prolong the detention until 18 months in the cases provided for in Article 15(6) of Directive 2008/115/EC;

bring detention capacity in line with actual needs, including by using where necessary the derogation for emergency situations as provided for…

provide for the shortest possible deadline for lodging appeals against return decisions established by national law…

Risk of absconding

(15) Each of the following objective circumstances should constitute a rebuttable presumption that there is a risk of absconding:

(a) refusing to cooperate in the identification process, using false or forged identity documents, destroying or otherwise disposing of existing documents, refusing to provide fingerprints;
(b) opposing violently or fraudulently the operation of return;
(c) not complying with a measure aimed at preventing absconding imposed in application of Article 7(3) of Directive 2008/115/EC, such as failure to report to the competent authorities or to stay at a certain place;
(d) not complying with an existing entry ban;
(e) unauthorised secondary movements to another Member State.”

26. European Commission: Relocation, EU-Turkey “deal” and EU Border Agency

“Solidarity” is a eupemism for failure of relocating refugees within the EU: Commission calls for renewed efforts in implementing solidarity measures under the European Agenda on Migration (Press release, pdf):

“Ahead of next week’s European Council and in the form of three progress reports, the Commission is today making a renewed call on Member States to pick up the pace of relocation to alleviate pressure from Italy and Greece, with few having met their commitments in full….

the current pace of relocation is still well below expectations and below the European Council endorsed target…

the current pace will not allow for the relocation of all eligible applicants currently present in Greece and Italy by September 2017 – despite this being perfectly feasible. So far, only two Member States (Malta and Finland) are on track to meet their obligations for
both Italy and Greece, whereas some (Hungary, Austria and Poland) are still refusing to participate in the scheme at all and others are doing so on a very limited basis (Czech Republic, Bulgaria, Croatia and Slovakia)….

soon, the Commission will not hesitate to make use of its powers under the Treaties for those who have not complied with the
obligations stemming from the Council decisions, noting that the legal obligation to relocate those eligible will not cease after September.”
[emphasis added]

•  Tenth report on relocation and resettlement (COM 202-17, pdf)

•  Annex 1: Relocations: Greece (pdf)
•  Annex 2: Relocations: Itay (pdf)
•  Annex 3: Relocations from Italy and Greece by 28 February 2017 (pdf)

•  Fifth Report on the Progress made in the implementation of the EU-Turkey Statement (COM 204-17, pdf)

•  Annex (pdf)

•  Second report on the operationalisation of the European Border and Coast Guard (COM 201-17, pdf)

27. European Commission pushes for returns and readmission – having given up on relocating refugees within the EU

Press release: European Agenda on Migration: Commission presents new measures for an efficient and credible EU return policy (pdf):

“the Commission is today following through with a renewed EU Action Plan on Return and a set of recommendations to Member States on how to make return procedures more effective…..

Remove inefficiencies by shortening deadlines for appeals, systematically issuing return decisions that do not have an expiry date and combining decisions on the ending of a legal stay with the issuance of a return decision to avoid duplicate work…

Tackle abuses of the system by making use of the possibility to assess asylum claims in accelerated or, where considered appropriate, border procedures when it is suspected asylum claims are made merely to delay the enforcement of a return decision…

Prevent absconding by detaining people who have received a return decision and who show signs they will not comply such as refusal to cooperate in the identification process or opposing a return operation violently or fraudulently….

Overcoming the challenges of readmission by working to swiftly conclude the negotiations of Readmission Agreements with Nigeria, Tunisia and Jordan and striving to engage with Morocco and Algeria.

Within the Partnership Framework, employ collective leverage in a coordinated and effective manner through tailor-made approaches with third countries.”

Communication: On a more effective return policy in the EU – A renewed Action Plan (COM 200-17, pdf)

Annex 1 (pdf): Detailed plan

FAQ: Returns and readmission (pdf)

Returns and readmission via “Partnership Frameworks with African states: Commission calls for accelerated delivery under the Migration Partnership
Framework and further actions along the Central Mediterranean Route
(pdf) including “Factsheets” on target African states

28. EU: European Commission: Fifth progress report towards an effective and genuine Security Union (COM 203-17, pdf):

Sweeping agenda for more controls and surveillance:

“This is the fifth monthly report on the progress made towards building an effective and genuine Security Union and covers developments under two main pillars: tackling terrorism, organised and cyber crime and the means that support them; and strengthening our defences and building resilience against those threats.

A prerequisite of building an effective and genuine Security Union is ensuring the timely adoption and full and effective implementation of EU legislation.”

29. EU: Final text of the 2017 Directive on Combating Terrorism

See: DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA (pdf)

And: Joint statement by the Council, the European Parliament and the European Commission (pdf)

The text is still to be published in the Official Journal.

Full background and documentation on the Statewatch European Monitoring and Documentation Centre (SEMDOC): Directive on combating terrorism

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