February 2012

Part of the JHA archive.

Week starting 20/02/2012

• 10394/00 – Initiative of the Portuguese Republic, the French Republic, the Kingdom of Sweden and the Kingdom of Belgium with a view to the adoption of a Council Decision setting up EUROJUST with a view to reinforcing the fight against serious organised crime
• Council Decision setting up a European Agency, EUROJUST, “to reinforce the fight against serious organised crime”, which was identified as a central political matter following Tampere Council in 1999
• 13857/00 – Council Decision establishing the European Police College (EPC)
• The Tampere Council laid the basis for more police cooperation between member states. The establishment of a network of training institutes for police officers aims to harmonise practices and standards among police forces in the European Union
• 13392/99 – Results of the questionnaire on the amount and quality of training and assistance provided and to be provided for third countries in third pillar matters (customs) under Member States’ own funding
• An interesting document picturing the practical aspects of EU’s cooperation with third countries aiming at externalising its border management policy to its neighbours and strategic partners
• 5260/00 – Customs Information System under the third pillar – Use of personal data
• Concerns and suggestions submitted by the German delegation regarding the collection of personal data in the context of the Customs Information. The need to avoid semantic confusion when translating different concepts in another EU language (here German) is also emphasised. This note is an example of some of the challenges faced by the EU regarding the harmonisation and the understanding in different languages of practices and legal concepts
• 5730/00 – Responsibility for stowaways
• Note from the Portuguere Presidency aiming at addressing the new phenomemon of irregular arrivals of immigrants by sea. The Presidency here attempted to harmonise “border procedure for dealing with this situation” (responsibility of member states, disembarkation, safety measures at ports). The concept of “stowaway” is given a definition
• 6269/00 – Conclusions of the International Seminar on The use of undercover agents in combating organised crime, held in Madrid from 25 to 29 October 1999
• The official development, at a European and international level, of police cooperation into the use of undercover agents in other EU member states and beyond to tackle “transnational organised crime”. This practice was already regulated in 66% of EU member states at the time. The Spanish delegation proposes cooperation between EU member states, the US, Canada, candidates to the EU, Switzerland,Europol and Interpol
• 9928/00 – CIREFI work programme
• Following the significant development of CIREFI (EUROSTAT in charge of collecting data; cooperation with EUROPOL; creation of an early-warning system), the incoming French presidency is suggesting further amendments. The goal is allow for “real-time information and reaction to immigration risks at external borders” of the EU. Cooperation with third countries, including applicant countries, the US and Canada, is envisaged to this end.
• 10545/00 – Initiative of the French Republic with a view to the adoption of a Council Directive on mutual recognition of decisions on the expulsion of third country nationals
• At the initiative of the French Republic, the first draft of a common policy and set of practices when carrying out expulsion of third country nationals is proposed. According to this document, the possession of a residence permit will not prevent the expulsion if the third country national has been sentenced to a non-suspended penalty of at least one year. This Council resolution the “Returns Directive” lays the ground for the futire “Returns Directive”
• 10957/00 – Participation of Europol officials in joint investigative teams
• As the activities of EUROPOL soon extented the scope of its mandate and ” the support activities of Europol go beyond the rules and procedures of the Europol Convention”. This document reflects on the suggestion of the Council’s Legal Services to amend the convention so as to allow Europol members to exchange information with members of the investigative joint teams, in the framework of the Convention on Mutual Assistance in Criminal Matters
• 12370/00 – Open EU threat assessment documents
• The Netherlands delegation calls for more transparency of the EU with respect to anti-terrorism policy: “The EU and the individual member states are involved in lots of international forums, where international terrorism and the combat against it are discussed (…) It is important too the EU, also as a
  consequence of these statements, is more open about the real content of the terrorist threat and what
  is specifically done against it (…) The public, national parliaments and the European parliament therefore need balanced and evaluated information on terrorism.
  The EU should do more to fulfill this need for more information and transparency”
• COM(2000) 495 – Mutual Recognition of Final Decisions in Criminal Matters
• This documents details the scope of what is meant by “mutual recognition” in criminal matters and gives a specific picture of judicial cooperation among member states and its various challenges.
• MB Sec. 56r1.2000 – Draft Council Act authorising the start of negotiations including the transmission of personal data by Europol to Interpol
• Draft Council Act of significant importance submitted by Europol Management Board whereby “The Council considers that (…) no obstacles exist to the start of the negotiations between Europal and Interpol on a co-operation agreement which includes provisions
• 4764/4/95 – Proposal for join action on harmonising the means to fight against irregular immigration and illegal employment and to improve control in this respect
• Proposal for joint action by the French delegation to tackle irregular migration and employment. The proposal especially includes (Article 9) the possiblity for each member state to establish a national database on foreigners delivered visas. This lays the ground for the creation of a centralised system between EU members, the Visa Information System, established in 2008
• 10429/1/00 – Customs Cooperation Handbook
• Despite the lifting of internal border controls since the entry into force of the Schengen agreements, this documents details the power still at hands of customs officials (including controls on persons, preliminary investigative powers, assistance to judicial authorities)and the details of cross-border surveillance and cooperation at play.
• 5555/01 – Possible amendments to the Europol Convention and possible extensions of Europol’s competence
• The Presidency discusses the possibility to extend Europol’s madate so that it covers cybercrime, money laundering, fraud and environmental crime, and Europol officers can participate in joint investigation teams. The Presidency considers thath the Convention may have to be amended “as soon as it becomes clear that the cooperation between Europol and Eurojust can not be adequately based on the present Europol Convention”

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Week starting 13/02/2012

• 10116/98 – Common principles for the rule of law in criminal matters
• “The Presidency will attempt to sum up with regard to criminal matters the fundamental principles resulting from this common tradition of the rule of law. It is hoped that this will provide the applicant countries with an outline of the beliefs common to all the Member States about the rule of law in criminal matters as an element in the process of enlargement”
• 10787/98 – Communication from the Commission: Towards an area of Freedom, Security and Justice
• “The three notions of freedom, security and justice are closely interlinked. Freedom loses much of its meaning if it cannot be enjoyed in secure environment and with the full backing of a system of justice in which all Union citizens and residents can have confidence… Maintaining the right balance between them must be the guiding thread for Union action“
• 12028/2/98 REV 2 – Action plan on establishing an area of freedom, security and justice
• A draft action plan outlining proposals to establish the AFSJ as foreseen in the Amsterdam Treaty – police and judicial cooperation, approximation of rules in criminal matters, harmonising asylum and immigration policy, etc.
• 5334/99 – Amsterdam Treaty: the EU’s working structures
• Outlines the changes to be made to working structures and methods following the entry into force of the Amsterdam Treaty, and the subsequent ‘communitarisation’ of various aspects of policy-making
• 6180/98 – Influx of migrants from Iraq and the neighbouring region: progress on implementation of the Action Plan
• A detailed overview of the work undertaken within different working groups to implement the Action Plan on the influx of migrants from Iraq and neighbouring regions. There is a heavy emphasis on controls and expulsion, with significant attention given to Eurodac and the fingerprinting of migrants.
• 7041/99 – Project concerning the longer-term deployment of document advisors of the EU Member States to Istanbul Airport
• A not insignificant step in the development and externalisation of EU border control policy – the deployment of document advisors at foreign airports, in this case Istanbul. Istanbul was selected by CIREFI for a pilot project intended to last four months.
• Schengen Supervisory Authority – Annual report March 1997-March 1998
• An important report giving an insight into the first years of the development of the Schengen Information System (SIS) and its monitoring body, the Joint Supervisory Authority (JSA). Contains background information on the functioning of JSA and SIS as well as referring authorities in participating states.
• SCH/Com-ex (98) 37 rev.5 (document in German)- Decision of the Executive Committee (reinforcement of border controls in the context of increasing migration from the Kosovo and north Africa)
• A significant document exposing EU’s reaction to the sudden arrival of many people escaping Kosovo and north Africa (especially Algeria). While ackowneldging the duty to welcome and protect those fleeing unrest and in need of international protection, the document reflects deep suspicion against those immigrants. Measures mainly focus on countering irregular migration or any abuse of the asylum system, through reinforced border controls and the support to countries of transit in ensuring “public order” in the Schengen area
• DECISION OF THE EXECUTIVE COMMITTEE of 16 September 1998 setting up a Standing Committee on the evaluation and implementation of Schengen
• This document details the tasks of the Standing up Committee on the Evaluation and Implementation of Schengen, and the criteria to evaluate whether a candidate country abides by the Schengen rules and can be part of the Schengen agreement

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Week starting 06/02/2012

• 10607/96 – Joint customs surveillance operations: Revised procedures for future operations
• Outlines attempts to extend the power of the Council to direct customs surveillance operations
• 4484/96 – Stepping up the fight against organised crime
• Laments Europol’s lack of operational power and proposes changes; demands European legislation to cover new methods of investigation such as surveillance and covert investigation
• B4-0069, 0100, 0117, 0131 and 0136/97 – Resolution of the European Parliament on racism, xenophobia and the extreme right
• Expresses concern over rising of the far right in Europe especially in France and Germany; asks for the withdrawal of Debré law in France and of new visa requirements imposed on minors from Turkish, Moroccan, Tunisian and former Yugoslavia origin in Germany.
• A4-0014/97 – Resolution of the European Parliament on the functioning and future of Schengen
• The European Parliament expresses deep regrets that priority is given to immigration control policies rather than on ensuring security for all citizens when implementing Schengen and the SIS.
• B4-0192 and 0230/97 – Resolution of the European Parliament on illegal migrants
  
• Deplores the death of about 200 irregular migrants in the Mediterranean, calls for investigation from the states involved (territorial waters) and for CIREFI’s work to be more transparent.
• A4-0060/97 – Resolution of the European Parliament on the Council Act of 26th July 1995 drawing up the Convention on the use of information technology for customs purposes
• Expresses concern over the computerisation of CIREFI and CIREA and regrets that the Presidency failed to consult the Parliament in establishing the Convention which therefores violates the TEU; notes that the Customs Information System does not meet European standards regarding the protection of data subjects
• 12729/96 – Provisional work programme of the Steering Group II (Police Coopereration and Customs Cooperation Working Parties) for the period 1 January to 30 June 1997
• As suggested by the title, outlines the work programme for the first six months of 1997 – demonstrates the wide-ranging nature of the groups’ remits, e.g. drugs, public order (football, demonstrations, public events), and more. See also 12743/96 (Steering Group I, asylum and immigration) and 12342/96 (Steering Group III, judicial cooperation) for work programmes for the same time period
• A5-0057/2000 – European Parliament resolution on asylum-seekers and migrants – action plans for countries of origin or transit
• The Parliament expresses strong criticism of the way that EU immigration and asylum policy is decided by member states with hardly any consideration for the Parliament or the Commission; further criticism of the lack of transparency of the High Level Group on Asylum and Migration; criticises the imbalance between the emphasis laid on punitive measures rather than integration
• 6711/97 – Report of the EDU Coordinator on activities in 1996
• “1996 was the third year of the existence of the Europol Drugs Unit (EDU) and there were a number of very significant developments politically… EDU is seen as a forerunner of future Europol and a laboratory for future work of Europol”
• 6384/97 – US-EU Common Agenda for Counter-Terrorism Cooperation
• Deals with air and ground security, EU-US cooperation on a UN Terrorist Bombing Convention, disseminating encryption technology, and stricter domestic terrorism legislation – “The US proposes sharing its anti-terrorism legislation with the EU and suggests that the EU undertake a review of domestic terrorism legislation in the 15 member states as a prelude to exchanging ideas on how we can improve our respective legal framework”

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