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SEMDOC

April 2012

Week starting 23/04/2012

• 12182/00 - Action against money laundering - Preparation for the Joint ECOFIN/JHA Council on financial crime
• Discussions related to the implementation of measures against money laundering to be undertaken in countries and territories identified by the intergovernmental, international Financial Action Task Force (FATF). See the recent Transnational Institute/Statewatch report: Legalising surveillance, Regulating Civil Society

• 12224/00 - Proposal for the extension of Europol's mandate to fight against cybercrime
  
• The Council proposes extending Europol's mandate so that it can deal with 'cybercrime'. Europol was, more recently, put in charge of the EU's new Cybercrime Centre. See: Europol's press release

• 12229/00 - Meeting of experts on the early warning and rapid reaction system
  
• Despite protests from the UK delegation, the Council pushes ahead with strengthening the 'early warning system' intended to provide a "rapid response" to would-be irregular migrants detected beyond the EU's borders.

• 10017/00 - Action Plan to improve the control of immigration
• Outlines French plans for crackdown on irregular migration under an informal European Union Action Plan identifying areas of increased cooperation between Member States

• 12351/00 - Comments [of the UNHCR] on the French Presidency proposals for a Council Directive and Council Framework Decision on preventing the facilitation of unauthorised entry and residence
• "While UNHCR recognises that the primary objective of the Presidency draft Framework Decision is to prevent “the facilitation of unauthorised entry and residence”, there is a clear need to also set out provisions for ensuring the protection of victims of criminal exploitation by the facilitators – i.e. the trafficking gangs. In this context, it is regrettable that, as a result of States’ increasingly restrictive immigration policies, resorting to the services of smugglers has often become the only viable option for many genuine asylum-seekers who seek sanctuary in the European Union"

• 13008/00 - Explanatory report on the Convention of 29 May 2000 on mutual assistance in criminal matters between the Member States of the European Union

• 13993/00 - High-Level Working Party on Asylum and Migration – Adoption of the report to the Nice European Council
• Outlines the origins and purpose of the High-Level Working Party on Asylum and Migration, as well as giving an overview of the 'state of play' of various Action Plans. A detailed annex to the report can be found in 13993/00 ADD 1, outlining measures undertaken and implemented on the basis of EU Action Plans for Morocco, Sri Lanka, Afghanistan, Somalia, Iraq and Albania.  Adoption of the report noted in 13994/00.

• SN 5249/00 REV 1 - Non-Paper - Regulation of the European Parliament and of the Council regarding public access to European Parliament and Commission Document
• This draft Regulation reflects the adoption of the principle of "openness" in the Amsterdam Treaty and the attempt to open access to EU documents to enhance transparency and accountability to EU citizens. However, the definition of documents does not include documents for internal use such as discussion documents,and limited access clauses abound (classifications such as "Secret" and "Top Secret" documents; veto right for Member States who wish to oppose the disclosure of a document it provided).

• [no document number] - Amendments for the draft report and draft opinion on the proposal for a Regulation of the European Parliament and of the Council regarding public access to European Parliament, Council and Commission documents (COM(2000) 0030 -C5- 0057/2000 - 2000/0032(COD)).
• The European Parliament reacts in this document to the Council's proposal, and especially criticises the various exlusion clauses as obstacles to transparency and accountability. References to the exclusion of internal documents, as well as of subsidiary bodies of instiutions from the scope of the Regulation, are deleted in the amended version of the Regulation proposed by the Parliament. See also: Letter by Graham WATSON, Chairman of the Committee on Citizens' Freedom and Rights, Justice and Home Affairs

• COM(2000) 786 final - Proposal for a Council decision establishing a programme of incentives and exchanges, training and cooperation for the prevention of crime (Hippocrates)
• This document contains the European strategy for crime prevention at national and European level. This strategy is intended to ensure good governance and to "reduce the sense of insecurity" by, for example, regulating economic and financial activity; fighting againt social exclusion; specific actions targeting urban areas in difficulty; combatting cybercrime; and developing cooperation with third countries in crime prevention.

• 14/2000 - Europol accepts the European Ombudsman's recommendations on public access to documents - Draft Press Release
• Press release in which Europol announces it will adopte rule enabling public access to the agency's documents, as recommended by the European Ombudsman.

Week starting 16/04/2012

• 8680/00 - Summary update of the existing analyses of information on border control, asylum, immigration and police in Romania, including the collective reply from Member States' embassies provided by the Portuguese Embassy in Bucharest to the questionnaire sent by the Presidency in April 2000
• Thirteen pages of information outlining the abilities of the Romanian authorities in relation to border control, asylum and immigration: "Despite the assistance of Community funding, relatively little progress has been made in the area of border controls"
• 9334/00 - Proposal on responsibility for stowaways
• The Portuguese Presidency "proposes that work continue with a view to the Member States' border authorities adopting standard procedures on stowaways", by adopting a common definition; adopting a model for information exchange; developing a computer system for analysis and data collection; adopting a sanctions and penalties regime for carriers; and further provisions.
• 9559/1/00 - Football hooliganism - Annual report on football hooliganism in the Member States of the European Union
• Synthesises information from fourteen countries to provide an overview of football hooliganism and police cooperation measures intended to cope with the problem.
• SCH/Com-ex (96) PV 1 rev. corr. - Draft conclusions of the Executive Committee's meeting held in S-Gravenhage on 21 February 1996
• (Document in French) Following a request from Spain for Schengen Member States to cooperate more closely on terrorism issues, the EU Presidency brings forward a proposal for improved extradition mechanisms between Member States.
• [no document number] - The SCHENGEN ACQUIS 1990 - 1995
• 13-page list of all conventions, decisions and measures adopted between 1990 and 1995 which formed the Schengen "Acquis" as of 1995.
• 11358/00 - Advanced technologies: production of a directory of the prefixes and roaming agreements of mobile phone operators in the fifteen countries of the European Union - Questionnaire
• The Presidency seeks to create a directory of mobile phone operators' 'roaming' areas, so that police tracking suspects through their mobile phones know which national borders can be crossed whilst still using the same mobile phone.
• 12086/00 - Conclusions of the seminar on the laundering of the proceeds from organised crime in Europe (Paris, 13 to 15 September 2000)
• The conclusions of the Presidency on money launderingby criminal organisations: both preventative and enforcement action are covered, including "the lifting of banking secrecy, which must no longer be allowed to paralyse criminal investions" and the development of "undercover operations; here too, the aim is to engage with the realities of organised crime and so increase our operational capacities"

Week starting 09/04/2012

• SCH/OR.SIS (94) 18, 3 REV - List of the competent national authorities authorised to directly access the SIS data
• Document (in French) listing all national authorities authorised to access the data stored in the Schengen Information System (police, gendarmerie, border control authorities, judicial authorities, State security authorities, Customs, Immigration authorities).
• 7693/99 - Analysis of evaluation material on Hungary, Poland and Rumania in connection with judicial co-operation in criminal matters
• A wide-ranging evaluation of the ability of Hungary, Poland and Rumania to effectively enforce the rule of law and engage in judicial cooperation. It is interesting to note, in relation to the current situation in Hungary, the document's statement that "the independence of the judiciary [has] to be ensured".
• 5945/99 - Analysis on Police and Customs matters of the Czech Republic, Slovakia, Slovenia and Estonia
• A 73-page reportdetailing the competences, powers and organisation of the police and customs authorities in the Czech Republic, Slovakia, Slovenia and Estonia. Drafted in February 1999.
• 7201/99 - Analysis of materials on Border Control in Hungary, Poland and Romania (revised document)
• A brief overview of the competences, powers and organisation of the border control authorities in Hungary, Poland and Romania. More detail is available on Hungary and Poland than Romania, although in all three countries the situation is considered deficient with regard to EU and Schengen standards.
• 7692/99 - Analysis on policing issues, including police co-operation in Hungary and Poland
• A 72-page report outlining policing and police cooperation issues in Hungary and Poland, including statements on links between the police, politicians and organised crime networks.
• SCH/II-Visa (93) 11, 7 REV- COMMON CONSULAR INSTRUCTIONS to diplomatic services and Consulates
• (Document in French) This manual, marked as confidential, comprises all consular instructions to be followed when examining visa applications to enter the Schengen area (includes 3 of the 12 annexes: diplomatic passports; visa application fees).
• SCH/Gem-Hand (91) 10, 18 REV - Draft Joint Manual
• Full version of the draft common Manual detailing procedures to be followed by border guards in the Schengen area (entry points and external borders).
• 5845/00 - Comments by delegations to the "First reflections concerning the Tampere Conclusions as far as they relate to Europol" as contained in doc. 13370/99 EUROPOL 48
• 62 pages long and containing responses from the Netherlands, the Commission, Ireland, Sweden, Austria, Finland, Spain, the UK, France, Greece, Europol and Germany. See also 5845/00 ADD 1, 5845/00 ADD 2 and 5845/00 ADD 3 for comments from additional Member State delegations.
• 7200/00 - Compilation of replies to questionnaire concerning the practice of Member States with regard to transit for the purposes of expulsion by air (5351/00 MIGR 4) (see Telex No. 0565 of 9 February 2000)
• Responses from Belgium, Denmark, Germany, Greece, Spain, Ireland, Italy, Luxembourg, Austria, Portugal, Finland, Sweden, the United Kingdom and Norway. Questions concern, amongst other things, the number of deportations ('expulsions'); use (or not) of direct flights); third state authorisation; difficulties with deportations.

Week starting 02/04/2012

• 97/C 254/01 - CONVENTION determining the State responsible for examining applications for asylum lodged in one of the Member States of the European Communities
• The "Dublin Convention" whereby one person seeking international protection should have his/her asylum application examined in the first EU country of arrival (exceptions applying at the discretion of Member States on a case-by-case basis).

• 5424/96 - Draft Council Recommendation on guidelines for preventing and restraining disorder connected with football matches
• Concerns police cooperation and exchange of information; and cooperation between stewards and police forces aiming at ensuring safety during football matches.
• 10592/96 - Joint Action adopted by the Council on the basis of Article K.3 of the Treaty on European Union extending the mandate given to the Europal Drugs Unit
• Extends the mandate of the EDU to cover trafficking in human beings
• 2000/820/JHA - COUNCIL DECISION of 22 December 2000 establishing a European Police College (CEPOL)
• Establishes the Europen Police College for the training of police officers from across the continent. The CEPOL aims to enhance harmonious cooperation amongst national police forces in Europe and "develop a European approach" in the fight against crime, crime prevention, the maintenance of law, order, and public security.
• 2000/811/CFSP - COUNCIL JOINT ACTION of 22 December 2000 on the European Union Monitoring Mission
• Follow-up of the European Community Monitoring Mission in Yugoslavia established in 1991. the EU Monitoring Mission aims to support reforms and the establishment of stable and peaceful environment in the Western Balkans. Cooperation covers, inter alia, fields such as security, refugee return, and border monitoring.
• 2001/87/EC - COUNCIL DECISION of 8 December 2000 on the signing, on behalf of the European Community, of the United Nations Convention against transnational organised crime and its Protocols on combating trafficking in persons, especially women and children, and the smuggling of migrants by land, air and sea
• Accession by the EU to the UN Palermo protocols. The criminalising of transnational crime, trafficking in human beings and the smuggling of migrants is now part of EU law.
• 7046/00 - Draft convention on mutual assistance in criminal matters between the Member States of the European Union
• This documents details the mechanisms foreseen at an EU level to enhance police and judicial cooperation in criminal matters. The proposal is followed by an insight into the motivations behind this Convention, as well as the opinion of the Council's Legal Service.
• 13750/1/00 - Programme of measures to implement the principle of mutual recognition of decisions in criminal matters
• This documents details the practical aspects of cooperation envisaged to enhance cooperation in criminal matters.
• [no document number] - Accession Protocol of the Hellenic Republic to the Agreement signed between the governments of the Benelux Economic Union, the Federal German Repubilc and the French Republic regarding the gradual lifting of controls at the common borders signed in Schengen on 14 June 1990 which the Italian Republic accessed with the Agreement signed in Paris on 27 November 1990 (document in French)
• Accession of Greece to the Schengen agreement, which formalises police and judicial cooperation with other Member States. Exceptions apply due to the geographical location of Greece (No designation of the police authority authorised to continue pursuit in the territory of another Contracting Party).
• SCH/M (92) 5 - Declaration by the Ministers and Secretaries of State regarding the extension of the readmission agreement (in German and French)
• Declaration calling future Schengen Member States interested to join the readmission agreement between Poland and the Schengen states to officially appliy for the extension of the readmission agreement to their country (Austria, Czech Republic, Switzerland).

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