Statewatch European Monitor vol 3 no 6

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Vol 3 no 6, December 2003
Contents * JHA Council * Europol * PNR data * Immigration and asylum * Civil law * Police & criminal law * Key Resources



The JHA Council on 27-28 November adopted a Protocol to the Europol Convention and the EC Regulation on parental responsibility judgments and agreed the general approach of several other proposals. Inexplicably, the EC Directive on expulsion by air and a Decision authorising signature of the Sri Lanka readmission agreement were adopted by the Ecofin Council (on economic and financial policy) just two days earlier (see below).

1. The agendas, press release and background from the JHA Council are available here

2. For all legislative developments during November 2003 see the SEMDOC Legislative observatory




3. A Protocol to Europol Convention was adopted by JHA Council of 27-23 November 2003. It will amend a number of separate provisions in the Europol Convention, extending Europol's scope and mandate

4. The first report of the Europol Joint Supervisory Authority, covering the period October 1998 to October 2002 was published. In reference to Europol's compliance with US demands for cooperation since 'September 11' the Chair of the JSA "express[ed] the wish that when the second activity report is published in 2004, we will able to state that the values of humanism have triumphed over the forces of obscurantism".

5. According to the Commission work programme to 2004, it will present a Framework Decision on the transfer of police data to non-EU States (see forthcoming measures, SEMDOC legislative observatory, Title VI)

6. A draft Europol cooperation agreement with Turkey has been prepared. Like the extraordinary agreement with the USA that was applied before a full cooperation treaty was agreed, it excludes the exchange of personal data. However, given the extent of informal cooperation envisaged in the agreement, and the admission that Europol was passing data to US agencies on an 'emergency' basis, one has to wonder whether these informal agreements are actually de facto cooperation treaties with countries where data protection is too weak to allow a 'normal' agreement. Another draft cooperation treaty excluding the exchange of personal data between Europol and Columbia is also on the table. A full list of Europol treaties with third states and agencies is available on the SEMDOC legislative observatory, Title VI international treaties




7. Statewatch reported that the form of the deal on handing over passenger data to the USA is in doubt

8. However, EU plans for collecting this data will place all EU air travellers under surveillance

9. These appear to be led by the UK, which has developed domestic

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