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    ISSN 1756-851X
    22 November 2014
 

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UK-EU JHA OPT-OUT: Final list of measures the UK will opt-out of and the list of measures still applicable to the EU:

• OPT-OUTs: List of Union acts adopted before the entry into force of the Lisbon Treaty in the field of police cooperation and judicial cooperation in criminal matters which cease to apply to the United Kingdom as from 1 December 2014 pursuant to Article 10(4), second sentence, of Protocol (No 36) on transitional provisions (LIMITE doc no: 15780-14, pdf)

• ACTS STILL APPLICABLE TO UK: List of Union acts adopted before the entry into force of the Lisbon Treaty in the field of police cooperation and judicial cooperation in criminal matters which have been amended by an act applicable to the United Kingdom adopted after the entry into force of the Lisbon Treaty and which therefore remain applicable to the United Kingdom as amended or replaced (LIMITE doc no: 15781-14, pdf)

• REFERENCE TO COREPER: Protocol 36 to the Lisbon Treaty - draft Schengen Decision: political agreement and use of the written procedure for adopting it - draft texts for publication in the OJ in C part, for information (LIMITE doc no: 15780-14, pdf)

EP: EU-CANADA PNR AGREEMENT to be REFERRED TO COURT? Draft Motion for a Resolution pursuant to Rule 108(6) of the Rules of Procedure on seeking an opinion from the Court of Justice on the compatibility with the Treaties of the Agreement between Canada and the European Union on the transfer and processing of Passenger Name Record data (pdf). The parliament's plenary session will vote on this resolution on Tuesday afternoon.

SURVEILLANCE: VODAFONE & GCHQ: Spy cable revealed: how telecoms firm worked with GCHQ (Channel 4 News, link):

"One of the UK's largest communications firms had a leading role in creating the surveillance system exposed by Edward Snowden, it can be revealed. Cable and Wireless even went as far as providing traffic from a rival foreign communications company, handing information sent by millions of internet users worldwide over to spies.

The firm, which was bought by Vodafone in July 2012, was part of a programme called Mastering the Internet, under which British spies used private companies to help them gather and store swathes of internet traffic; a quarter of which passes through the UK. Top secret documents leaked by the whistleblower Edward Snowden and seen by Channel 4 News show that GCHQ developed what it called "partnerships" with private companies under codenames. Cable and Wireless was called Gerontic."

UK: NUJ members under police surveillance mount collective legal challenge (NUJ, link): Six NUJ members have discovered that their lawful journalistic and union activities are being monitored and recorded by the Metropolitan Police. They are now taking legal action against the Metropolitan Police Commissioner and the Home Secretary to challenge this ongoing police surveillance. The NUJ members involved in the legal challenge include Jules Mattsson, Mark Thomas, Jason Parkinson, Jess Hurd, David Hoffman and Adrian Arbib:

EU: Supra-national border guard system on EU radar (euobserver, link): "The final phase is the most far-reaching. Also known as “full integration at EU level”, it entails setting up an entirely new agency - the committee on Schengen border management (CSBM). The new body would be composed of border guards under a EU-level command structure. The study notes that all border guards, previously acting under the command and control of national authorities, would now form part of the European border guard corps." and see European Commission: DH Home: Study: Study on the feasibility of the creation of a European System of Border Guards to control the external borders of the Union ESBG (pdf)

EU: Council of the European Union: Data Protection:

• DP Regulation:The one-stop-shop mechanism (LIMITE doc no: 14788-rev1-14, 68 pages, pdf)

• DP Directive on LEAs exchange of personal data between member states: DIRECTIVE processing of personal data by competent authorities for the purposes of prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and the free movement of such data - Chapters I, II and V (LIMITE doc no: 15659-14, 71 pages, pdf) Here one option for the Council is to extend the scope from policing and law and order to include "internal security" as well - which could embrace internal security agencies too.

Council of the European Union: Cyber Defence Policy and Presumption of Innocence

EU Cyber Defence Policy Framework (LIMITE doc no: 15193-14, pdf): "Cyberspace is often described as the fifth domain of military activity, equally critical to European Union (EU) Common Security and Defence Policy (CSDP) implementation as the domains of land, sea, air, and space. The successful implementation of CSDP has been increasingly dependent on the availability of, and access to, a secure cyberspace. Robust and resilient cyber defence capabilities are now required to support CSDP structures and CSDP missions and operations."

Proposal for a Directive of the European Parliament and of the Council on the strengthening of certain aspects of the presumption of innocence and of the right to be present at trial in criminal proceedings - General approach (EU doc no: 15325-14, pdf) "This general approach will then constitute the basis for negotiations with the European Parliament."

USA: Senate Blocks NSA Phone Records Measure (ABC News, link): "The Senate on Tuesday blocked a bill to end bulk collection of American phone records by the National Security Agency, dealing a blow to President Barack Obama's primary proposal to rein in domestic surveillance." And: NSA Reform Bill Dies As Republicans Hype Threats From Islamic State (The Intercept, link)

EU: WELCOME TO "1984": European Parliament: Automated taxis and delivery by drone: welcome to Europe's high-tech future (Press release, pdf):

"New technologies such as wearable computers and face recognition promise to change the way we work, shop and entertain. Creating a digital single market could help boost Europe’s high-tech businesses and create more jobs. At a workshop organised by the EP's internal market committee on Thursday 13 November, MEPs and experts looked at ways how to achieve this....

The event, opened by R Thun, a Polish member of the EPP group, started with a glimpse into the future. Using smart glasses, you can hail a driverless taxi with a simple wink of the eye. Once you are in the car, it recognises you and plays your favourite song. It drives you to a shop where you pick what you want and walk out. The money is deducted automatically using face recognition technology. Or you shop online and your purchase is delivered by a drone."

Council of the European Union developing its negotiating position on: Anti-discrimination Directive, European Public Prosecutors Office and Eurojust

Proposal for a Council Directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation (LIMITE doc no: 14862-14, 35 pages, pdf)

Proposal for a regulation on the establishment of the European Public Prosecutor's Office (LIMITE doc no: 14710-14, 47 pages, pdf): "After having discussed the file during 7 working days in COPEN/Friends of Presidency, three times in CATS, as well as at the informal ministerial meeting in Milan in July and in JHA Council of 10 October, the Italian Presidency now proposes a consolidated redraft of the first 33 Articles of the Regulation."

Proposal for a Regulation on the European Union Agency for Criminal Justice Cooperation (Eurojust) - Revised text for Partial General Approach (LIMITE doc no: 15260-14, 83 pages, pdf): "Delegates will find attached in the Annex a further revision of the Commission's proposal which the Presidency considers to constitute the basis for the partial general approach at the forthcoming JHA Council."

"They want to see us drown" – Survivors of a push back operation in the Aegean Sea report to the Watch The Med Alarm Phone (Watch the MED, link):

"Witness Mr D. reports of a push-back operation by the Greek coastguard when he and 32 other passengers, all of Syrian nationality and including a pregnant woman, were leaving Cesme in Turkey to reach the Greek island of Chios on a rubber vessel in the night of the 25th-26th of October 2014. The Greek coastguard intercepted the vessel and later boarded it, then took away the gas tank of the engine and punctured the vessel. The coastguard left the vessel behind in Turkish waters, without an engine and a hole in the vessel. The passengers were able to call the Turkish coastguard which rescued them and brought them back to Cesme."

See also: Safety at sea (link) and The sea as frontier (link)

EU: Mapping of migrant camps (Close the Camps, link): "A dynamic and interactive mapping of migrant detention in Europe and beyond. This site aims to: Record the sites, forms and conditions of migrant detention and their serious human consequences; Enable access to information concerning migrant detention sites and contact with detained persons; Mobilise all those who oppose migrant detention and removal measures to protect migrants human rights)"

EU: INTERNATIONAL PROTECTION: Council of the European Union: Proposal for a Regulation amending Regulation (EU) No 604/2013 as regards determining the Member State responsible for examining the application for international protection of unaccompanied minors with no family member, sibling or relative legally present in a Member State (LIMITE doc no: 15120-14, , pdf)

EU: Red Cross EU: Press release: Position paper on the Right to Access to International Protection: Recommendations of the National Red Cross Societies of the Member States of the European Union and the International Federation of Red Cross and Red Crescent Societies (Press release, pdf) See also: Position Paper: Recommendations (pdf) and Legal avenue to protection (pdf) This position paper sets forth the following six recommendations:

"1. Ensure that people fleeing Syria have access to asylum procedures in the EU
2. Consider visa applications from people fleeing Syria in a protection sensitive way
3. Facilitate family unity in Europe for people fleeing Syria.
4. Offer emergency resettlement to the most vulnerable people fleeing Syria.
5. Review refugee status determination procedures and reception conditions for people fleeing Syria.
6. Do not return people to Syria and its neighbouring countries."

UK: Police ‘covered up’ links with union blacklisting - Leaked minutes show senior officer met group targeting union activists (Guardian, link): "Scotland Yard has been accused of seeking to cover up its involvement in the blacklisting of more than 3,200 construction workers following the emergence of minutes of a meeting between a senior officer in its anti-extremism unit and the organisation running the list. The leaked document proves that as late as 2008 a detective chief inspector in the National Extremism Tactical Coordination Unit (Netcu) briefed members of the Consulting Association, the secretive organisation that ran the blacklist keeping people out of work for decades."

SPAIN: Statewatch Viewpoint: Life imprisonment in Spain: An inhuman and unlawful punishment (pdf) by Julián Carlos Ríos Martín
(Professor of Penal Law at the Universidad Pontificia Comillas, Madrid):

EU: Council of the European Union: DATA PROTECTION REGULATION: Council developing its negotiating positions: Public sector - Partial General approach (LIMITE doc no: 15389-14, 13.11.14, pdf): "The proper functioning of the internal market requires that the free movement of personal data within the Union should not be restricted or prohibited for reasons connected with the protection of individuals with regard to the processing of personal data." [emphasis added]

Chapter IX: Provisions relating to specific data processing situations (LIMITE doc no 15544-14, 14.11.14, pdf): With Member State positions. • German delegation: To: Working Group on Information Exchange and Data Protection (DAPIX): Subject: General Data Protection Regulation - Processing for purposes of social protection (LIMITE doc no: 15106-14, 5-11.14, pdf) and  German delegation: Subject: General Data Protection Regulation - Processing in the employment context (LIMITE doc no:15108-14, 5-11-114, pdf)

EU: Council of the European Union: NIS, Migratory Pressures, CT internal-external, ISS, Law Enforcement Working Party and CSDP missions

• NIS TRILOGUE: Proposal for a Directive of the European Parliament and of the Council concerning measures to ensure a high common level of network and information security across the Union - Preparations for the 2nd informal trilogue (LIMITE doc no: 14850-14, 4-11-14, , pdf) Multi-column documents showing different positions of Commission, Council and the European Parliament

• MIGRATORY PRESSURES: EU Action on Migratory Pressures - A Strategic Response 5th Biannual Update (43 pages, LIMITE doc no: 15248-14, 10-11-14, pdf): Detailed operational plans.

Overview of expert groups and networks related to the LEWP and the provisional planning of their meetings (LIMITE doc no: 8709-14, 3-11-14, pdf) Future plans:including: "2 Action Days in autumn 2014 (counter terrorism action day and metal/copper theft)"

Discussion paper on further enhancing the links between internal and external aspects of counter-terrorism: strengthening the synergies between TWP and COTER (LIMITE doc no: 14081-14, 13-11-14, pdf):

"The Council Secretariat, EEAS, EU CTC, CION and IntCen should continue to highlight the relevance of specific cross-cutting topics to groups, ensuring that coordination is enhanced and duplication avoided where possible. This will also further encourage a comprehensive approach to CT in the EU, ensuring that links are made between relevant working groups, documents shared and consultation given where relevant."

Draft Council conclusions on the development of a renewed European Union Internal Security Strategy (11 pages, LIMITE doc no 14186-rev6-14, 13-11-14, pdf):

"A European PNR is one of several important tools in this field as well as the full implementation of the Prüm decision. Interoperability of different systems, enhancing and simplifying existing tools should be ensured to allow a more efficient and proportionate exchange of information and subsequently, to enable joint operations as well as to gather evidence for prosecution. The possible introduction of a European Police Record Index System (EPRIS) could be explored. A framework, respecting fundamental rights, for swift cooperation by investigating and prosecuting authorities in access to electronic evidence across jurisdictions held by players in industry is required," [emphasis added]

• European External Action Service (EEAS): CivOpsCdr Operational Guidelines for Monitoring, Mentoring and Advising in Civilian CSDP missions (41 pages, LIMITE doc no: 15272-14, 7-11-14, pdf)

UK-Australia: Ministers sign agreement to share crime scene DNA (pdf): ""Australia has joined the International DNA Search Request Network
(SRN), which makes it easier to check DNA from unsolved cases against profiles held in another country.... Australia will join the UK, USA and Canada in the SRN. This will give UK police access to around 20 million profiles on three continents via a secure Interpol network."
And see: Interpol Factsheet:
DNA Profiling (pdf)

EU: Court of Justice of the European Union (CJEU): According to Advocate General Sharpston, non-combat military personnel may claim asylum if they consider themselves to be at risk of prosecution or punishment for refusal to perform military service where so doing might involve commission of war crimes (Press release, pdf) and Opinion (pdf) see also: Military deserters may claim EU asylum (euobserver, link)


Top reports

See: Resources for researchers: Statewatch Analyses: 1999-ongoing

SECILE Project: Taking stock of EU Counter-terrorism policy and review mechanisms: Summary of Statewatch’s findings for SECILE project (pdf)
-
Catalogue of EU Counter-Terrorism Measures Adopted since 11 September 2001 (pdf) by Ben Hayes & Chris Jones
-
Report on how the EU assesses the impact, legitimacy and effectiveness of its counterterrorism laws (pdf) by Ben Hayes & Chris Jones
-
Data Retention in Europe: A Case Study (pdf) by Chris Jones & Ben Hayes :

EU: Borderline: The EU's New Border Surveillance Initiatives: Assessing the Costs and Fundamental Rights Implications of EUROSUR and the "Smart Borders" Proposals (pdf) A study by the Heinrich Böll Foundation. Written by Dr. Ben Hayes and Mathias Vermeulen: "Unable to tackle the root of the problem, the member states are upgrading the Union’s external borders. Such a highly parochial approach taken to a massive scale threatens some of the EU’s fundamental values - under the pretence that one’s own interests are at stake. Such an approach borders on the inhumane."

Statewatch's 20th Anniversary Conference, June 2011: Statewatch conference speeches

TNI - Statewatch: Counter-terrorism, 'policy laundering' and the FATF - legalising surveillance, regulating civil society (pdf) by Ben Hayes

Statewatch publication: Guide to EU decision-making and justice and home affairs after the Lisbon Treaty (pdf) by Steve Peers, Professor of Law, University of Essex, with additional material by Tony Bunyan

Neoconopticon: the EU security-industrial complex (pdf) by Ben Hayes

The Shape of Things to Come (pdf) by Tony Bunyan


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