NEWS
http://www.statewatch.org/news/
1. EU: Drones for maritime rescue only, not to prevent migration
2. DENMARK: EU-referendum will asylum opt-out untouched
3. EU: The US Senate reveals the truth on rendition and torture, now it's Europe's turn
4. CIA IN EU: New evidence shows CIA held prisoners in Lithuania
5. UK: Farewell Magna Carta: the Counter-Terrorism and Security Bill
6. GERMANY: Khaled Idris Bahray: Another brick in the wall of murdered asylum seekers
7. TO ENCRYPT or NOT
8. EU: Network and information security (NIS): Council of the European Union
9. EU: Council of the European Union: Traffic data exchange & EU abiding by Fundamental Rights
10. EU: Council of the European Union: HLWG Asylum & Migration, Foreign fighters & Schengen Code: random checks
11. EU: Council of the European Union: OAPs organised crime, Internal-external interface & Harmonising public documents
12. UK-USA: Transatlantic discussions on "homeland security" shrouded in secrecy
13. EU: German government response: Measures to delete internet content
14. EU funding for network developing surveillance, intelligence-gathering & remote vehicle stopping
15. EU: ENISA) Study: Threat landscape and good practice for internet infrastructure
16. EU: European Parliament STOA Study: Mass surveillance
17. UK: ECHR and surveillance of journalists' communications
18. UK: RIPA-DRIPA: Sweeping powers to snoop on journalists, lawyers and doctors
20. EU-USA: EU Ombudsman refused access to TFTP files
21. EU: ENISA: Privacy and data protection by Design - from policy to engineering
22. Where monoculturalism leads
23. EU: Council of the European Union: Counter-Terrorism report and strategy
24. EU: EDPS: Message from new European Data Protection Supervisor: Big data, Big protection
25. UK: Joint Human Rights Committee report: Council Terrorism and Security Bill
26. UK: Police asked to investigate G4S over Guantanamo role
27. FRANCE: Map shows attacks on French Muslims
28. Paris, 11 January 2015: Joint Statement by Ministers of the Interior
29. EU: DATA PROTECTION REGULATION: 10 main issues
30. Does the EU need more anti-terrorist legislation?
31. After Charlie Hebdo: More powers for the agencies?
32. Italian Reaper Drones to be used for crowd monitoring
33. EU ACCOUNTABILITY GAP: European Parliament: Joint Police Operation "Mos Maiorum"
34. EU: European Parliament: Legal Services Opinion: CJEU ruling on Data Retention
35. EU: European Parliament Study: Network Neutrality: EU-USA
36. EU: Council of the European Union: PRUM exchange of DNA, fingerprints and vehicle registration
37. EU: Council of the European Union: Report on rights of data subjects in the SIS
38. EU: European Parliament: Working documents: Registered Traveller Programme and Entry-Exit
39. IXMKANDER: Report of refugees' death cases
40. EU: Council of the European Union: ENviCrimeNet intelligence project
41. UK: Conference: Police corruption, spying, racism and accountability
42. EU: Frontex: Report on numbers
43. EU: Council of the European Union: "Researchers" Directive
44. EU: Council of the EU: Schengen cooperation - third countries, Migratory flows & Med Task Force and Nuclear transport
45. EU: Council of the European Union: Maritime Security Strategy
46. EU: Integrated police units with "niche" roles like public order
47. EU: "BEST PRACTICES" for COERCIVE FINGERPRINTING of MIGRANTS and their DETENTION
48. EU: Council of the European Union: Migratory Pressures Update
49. EU: Council of the European Union: Operation Archimedes, Exchange of administrative information & Lead "Actors"
50. EU: STATE-BUILDING: Council of the European Union: EU JHA Agencies
EU-UK-GCHQ-USA-NSA SURVEILLANCE
http://www.statewatch.org/eu-usa-data-surveillance.htm
1. Surveillance, Snowden and the Emerging EU State - Tony Bunyan
2. USA:L FBI has its fingers in NSA surveillance pie
3. GCHQ-BELGIUM SURVEILLANCE: How British spies hacked Belgium's largest telco
USING THE STATEWATCH WEBSITE
1. EU: Drones for maritime rescue only, not to prevent migration (Pressemitteilungen von Andrej Hunko, link): "“31 million euros is the cost of new research into the use of drones in the Mediterranean to ward off unwanted migration. The EU Commission is contributing around two-thirds of this. Instead of making risky crossings even more difficult for refugees, the money could be used to simplify entry procedures.....”, said Member of the Bundestag Andrej Hunko, in reaction to the European Commission’s two replies to a question on this subject.
Hunko had enquired about EU projects SUNNY, CLOSEYE and AEROCEPTOR. These involve drone tests in three regions of the Mediterranean Sea deemed hot spots for refugee crossings, with AEROCEPTOR using aerial police weaponry for the first time."
See Hunko Press Release (pdf) and European Commission answers: Project “SUNNY” (link) and Projects “Closeye”, “DeSIRE” and “Aeroceptor” (link)
2. DENMARK: EU-referendum will leave asylum opt-out untouched
Denmark will hold a referendum on its relations to EU justice and home affairs no later than March 2016, regardless who wins an upcoming election to be held at the latest in September next year, five political parties in the Parliament have agreed. The purpose is to change the present opt-out position to an opt-in like UK and Ireland.
3. The US Senate reveals the truth on renditions and torture, now it’s Europe’s turn (ASFJ, link) by Armando Spataro is the Prosecutor of the Republic in Turin, an expert in internal and international terrorism.
4. CIA IN EU: New evidence shows CIA held prisoners in Lithuania (Reprieve, link): "New analysis and previously unpublished documents released by legal charity Reprieve show that the CIA held prisoners in Lithuania in 2005 and 2006, contrary to official denials." See: Reprieve Briefing (pdf) and Dossier (pdf) See Statewatch Observatory on: Rendition
5. UK: Farewell Magna Carta: the Counter-Terrorism and Security Bill (IRR News Service, link):"The Bill currently going through Parliament, with virtually no opposition, impinges on basic freedoms and seems calculated to entrench the treatment of British Muslims as non-citizens.", see also CAGE appeal (link)
and Anti-racist witchcraft (link): "The question of loyalty to British traditions was already under attack thirty years ago in relation to the work of the Institute of Race Relations."
6. GERMANY: KHALED IDRIS BAHRAY – Another Brick in the Wall of Murdered Asylum Seekers in EU-Germany (Voice, link):!Although the post-mortem examination revealed a number of vicious knife stabs to his neck and chest, the physician and the police at the crime scene officially denied any possible involvement of so called “third parties”. Instead they assumed the fatal injury to be an open fracture of the collarbone which was said to have been caused by downfall or suicide or else sickness “bleeding tendency”. Crime scene investigations were thereby delayed for more than 30 hours." And See Letter from NGO Human Rights Concern Eritrea to Heiko Maas, Germany's Justice Minister (pdf)
7. TO ENCRYPT or NOT: Secret US cybersecurity report: encryption vital to protect private data - Newly uncovered Snowden document contrasts with British PM’s vow to crack down on encrypted messaging after Paris attacks (Guardian, link):"the document from the US National Intelligence Council, which reports directly to the US director of national intelligence, made clear that encryption was the “best defence” for computer users to protect private data."
On the other hand: European Commission consultation on "mobile health" (pdf) shows most people want health data to be encrypted and: David Cameron in 'cloud cuckoo land' over encrypted messaging apps ban - The prime minister’s pledge to give security services access to encrypted communications is ‘crazy’, experts say (Guardian, link)
Snooping state debate: No, Prime Minister (Paul Bernal blog, link) A worrying thought when new powers are on the agenda: "The latest story in the Guardian about surveillance reveals something that is deeply disturbing. It seems that David Cameron’s enthusiasm for mass surveillance comes from watching TV dramas. As quoted in the Guardian." and see: Does Cameron have any response to terror which doesn't involve the snoopers' charter? (Politics.co.uk, link). Also: David Cameron pledges anti-terror law for internet after Paris attacks (Guardian, link): "In a speech to the Journalists’ Charity at the Irish embassy on Monday night, the deputy prime minister said: “The irony appears to be lost on some politicians who say in one breath that they will defend freedom of expression and then in the next advocate a huge encroachment on the freedom of all British citizens.""
See also: What new snooping powers do PM and MI5 want – and what are the concerns? (Guardian, link)
8.EU: Network and information security (NIS): Council of the European Union: 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 1st informal exploratory trilogue (LIMITE doc no: 13848-14,pdf) Trilogue multi-column document with Commission proposal, European Parliament and Council of the European Union positions.
9. EU: Council of the European Union: Traffic data exchange & EU abiding by Fundamental Rights
• Exchange of data on traffic offences: Proposal for a directive of the European Parliament and of the Council facilitating cross-border exchange of information on road safety related traffic offences - Analysis of the final compromise text with a view to agreement (LIMITE doc no: 16848-14, pdf). This would cover the following offences under Article 2: Scope:
This Directive shall apply to the following road safety related traffic offences:
(a) speeding;
(b) non-use of a seat-belt;
(c) failing to stop at a red traffic light;
(d) drink-driving;
(e) driving under the influence of drugs;
(f) failing to wear a safety helmet;
(g) use of a forbidden lane;
(h) illegally using a mobile telephone or any other communication devices while driving.
• Fundamental Rights: Guidelines on methodological steps to be taken to check fundamental rights compatibility at the Council's preparatory bodies (Doc no: 16957-14, pdf). See proposed changes and additions by the Council, for example:"Subject to the principle of proportionality, are the limitations necessary? is it limited to what is strictly necessary [bold text has been deleted]
10. EU: Council of the European Union: HLWG Asylum & Migration, Foreign fighters and Schengen Code: random checks
• The future of the High-Level Working Group on Asylum and Migration (HLWG) - Contribution to the evaluation by COREPER (LIMITE doc no:16926-14, pdf) Created back in 1998 its remits has continually been renewed and is allowed to hold "ad hoc" meetings".
• Report on measures with regard to foreign fighters (EU doc no: 16915-14, pdf): Letter of the Italian Presidency to the President of the European Council
• Foreign Fighters: Application of the Schengen Border Code – Follow-up (LIMITE doc no: 16880-14, pdf):
"Non-systematic checks on persons enjoying the right of free movement under Union law can be carried out on the basis of risk assessment or on a random basis....the Commission recommends to the Member States to: Move towards an intensified consultation of the relevant databases (notably the documents section of SIS and Interpol's Lost and Stolen Document database), based, where considered necessary, on a risk assessment. [and] Instruct their border guards, in case such consultation reveals a SIS alert on the need to seize a document, to do so immediately and to contact the SIRENE Bureau for further information without any delay." [emphasis added]
11. EU: Council of the European Union: OAPs organised crime, Internal-external interface and Harmonising public documents
• Operational Action Plans 2015 related to the EU's priorities for the fight against serious and organised crime between 2014 and 2017 (LIMITE doc no: 15929-rev2-14,pdf) including list of Member State "Drivers"
• Political Security Committee: COSI: Standing Committee on operational cooperation on internal security: Outcomes(LIMITE, 16372-14, pdf): Joint letter from COSI & PSC Chairs. Internal-external interface.
• "Public documents" Proposal for a Regulation of the European Parliament and of the Council on promoting the free movement of citizens and businesses by simplifying the acceptance of certain public documents in the European Union and amending Regulation (EU) No 1024/2012 - Revised text (LIMITE doc no: 17105-14, pdf) With Footnotes on each page.
12.UK-USA: Transatlantic discussions on "homeland security" shrouded in secrecy
In April 2003 the governments of the UK and the US set up a high-level Joint Contact Group to deal with "homeland security" issues such as biometric technology, information-sharing, counter-terrorism and law enforcement cooperation. Documents recently released by the UK Home Office shed some light on the current interests of the group, but the majority of the information requested by Statewatch has been withheld in the name of "national security".
The work of the US-UK Joint Contact Group (JCG) appears to be largely undertaken by UK officials from the Office for Security and Counter-Terrorism (OSCT, part of the Home Office), and US officials from the Department of Homeland Security (DHS).
The limited information released by the OSCT shows that during its two meetings in 2014 the Joint Contact Group (JCG) focused on "foreign fighters", Syrian refugees, exit checks, AVSEC (presumably aviation security) and the UK's PREVENT programme.
13. EU: Detailed response of German government to series of Questions from Member of the Bundestag Andrej Hunko and others and the Left Party parliamentary group on: Measures to delete Internet content and responding with counter-propaganda (8 pages, pdf) Related to EU G6 meeting of Interior Ministers and "Prior to their October meeting, the ministers of the interior of all EU Member States met for an informal dinner with the Internet companies Twitter, Google, Microsoft and Facebook; the EU Commission was also invited."
14. EU funding for network developing surveillance, intelligence-gathering and remote vehicle stopping tools
The European Commission is to give significant financial backing to a European police technology network that is currently looking at ways to improve "best practices" across the EU in automatic number plate recognition, intelligence-gathering, video surveillance systems, and remote vehicle stopping.
A spokesperson for the Commission's Directorate-General for Home Affairs has confirmed to Statewatch that the European Network of Law Enforcement Technology Services (ENLETS) will receive €500,000 for its work in 2015, the same amount foreseen in an ENLETS document from November 2014 outlining the network's progress "and the need to improve the use of its potential to full extent."
15. EU: European Union Agency for Network and Information Security (ENISA) Study: Threat Landscape and Good Practice Guide for Internet Infrastructure (pdf):
"this study details a list of good practices that aim at securing an Internet infrastructure asset from Important Specific Threats. A gap analysis identifies that some assets remain not covered by current good practices: human resources (administrators and operators) for Routing, DNS and Denial of Service, as well as System Configuration and Essential Addressing Protocols for Denial of Service."
16. EU: European Parliament STOA Study: Mass Surveillance Part 1 - Risks and opportunities raised by the current generation of network services and applications (pdf) and Mass Surveillance Part 2 – Technology foresight, options for longer term security and privacy improvements (3.5 MB, pdf)
17. UK: Surveillance state: Bureau files ECHR case challenging UK government over surveillance of journalists’ communications (Bureau of Investigative Journalism, l,ink):
18. UK: ‘Freedom of expression’ anti-snooping campaign launched over Ripa changes - Campaigners fear draft code of Ripa legislation in UK will allow police sweeping powers to access phone and email records of journalists, lawyers and doctors(Guardian, link): "Critics of May’s safeguards fear that the police will still have sweeping powers allowing them to authorise themselves to access the phone and email records of professionals such as journalists, lawyers, doctors, MPs and priests who handle privileged, confidential information." See: Save Our Sources Petition (Press Gazettee, link)
And see: Draft Code of Practice: Acquisition and Disclosure of Communications Data: Code of Practice Pursuant to section 71 of the Regulation of Investigatory Powers Act 2000 Draft for public consultation, 9 December 2014 (55 pages, pdf):
"3.73 However the degree of interference with privacy may be higher where the communications data being sought relates to a person who is a member of a profession that handles privileged or otherwise confidential information (such as a medical doctor, lawyer, journalist, Member of Parliament, or minister of religion). It may also be possible to infer an issue of sensitivity from the fact someone has regular contact with, for example, a lawyer or journalist
3.74 Such situations do not preclude an application being made.." [emphasis added, p31]
Also: MI6 forced to show how it may snoop on privileged lawyer-client exchanges - Documents passed to civil liberties group Reprieve reveal intelligence agency’s attempt to show it stays within the law (Guardian, link): "Commenting on the latest document releases, Cori Crider, a lawyer who represents Belhaj, said: “MI6’s brand-new eavesdropping policy still has serious problems – it still envisages that MI6 will snoop on private legal calls even in cases where it is being sued for torture."
See also: UK: NEW POWER IN COUNTER TERRORISM BILL TO GATHER IP ADDRESSES IS NOT LIMITED TO TERRORISM, IT WILL COVER ALL CRIME: Counter-Terrorism and Security: Counter-Terrorism and Security Bill - Full-text (pdf) The Bill amends theData Retention and Investigatory Powers Act (DRIPA 2014) which in turn amended RIPA 2000. This means that although the Foreword refers to "terrorism" there is no such limitation in the text of the Bill. The new power in Clause 17 for the retention of IP addresses (covering internet usage and VOIP) is not limited to combating terrorism as DRIPA 2014 and RIPA 2000 cover all crime. This is confirmed by the Impact Assessment on: IProtocol Address Resolution (pdf) which makes it crystal clear that this new power will cover all crime, not just terrorism.
20. EU-USA: Decision of the European Ombudsman closing the inquiry into complaint 1148/2013/TN against the European Police Office (Europol) (pdf) presented to the LIBE Committee on 8-9 January 2015:
"The case concerned Europol's refusal to give public access to a document on the implementation of the EU -US Terrorist Finance Tracking Program (TFTP) Agreement. in order to ascertain whether Europol correctly applied the relevant rules on access to its documents, the Ombudsman needed to see the document concerned. However, Europol claimed it was unable to allow the Ombudsman to inspect the document, since to do so required the consent of the US authorities and the US authorities had refused to give consent.
According to the "technical modalities" agreed between the EU and the US for implementing the TFTP Agreement, the US has a right of veto on the sharing by Europol with third parties of any information provided by the US. The US made use of this veto in this instance and refused consent. The Ombudsman met with the US ambassador to the EU but the US maintained the veto. Accordingly, although Europol cooperated fully with the Ombudsman, the Ombudsman was unable to inspect the document. The Ombudsman therefore had no alternative but to close her inquiry.
However, she asked the European Parliament to consider whether it is acceptable that an agreement with a foreign government should prevent the Ombudsman from doing her job. She pointed out, in particular, that the provisions of the "technical modalities", unlike the TFTP Agreement itself, had never been sent to the Council or to Parliament for their approval."
See Commission response backing the USA refusal of access (pdf) and and Europol chief takes instructions on document access from Americans (euobserver, link)
21. EU: European Union Agency for Network and Information Security (ENISA): Privacy and Data Protection by Design – from policy to engineering (pdf
22. Where monoculturalism leads (IRR News Service, link): "As France grieves for those whose lives have been so brutally taken, and more emergency and counter-radicalisation measures are discussed, the future for a peaceful Europe rests on how our leaders diagnose the problems that we collectively face....
Nor is satire free from some of the most harmful ideologies of our times. Cartoonists serve a similar function in society to court jesters, a necessary antidote to hypocrisy, a way of laughing at ourselves. The poor massacred cartoonists of Charlie Hebdo were indeed jesters, but jesters tragically blind to the Islamophobic current they served."
23. EU: Council of the European Union: From: EU Counter-Terrorism Coordinator To: Delegations Subject: Report on the implementation of the EU Counter-Terrorism Strategy (LIMITE doc no: 13971-14, 91 pages.pdf): "The European Council requested regular reporting on ongoing activities in the field of combating terrorism in the EU by Member States and supporting EU institutions and the implementation of the EU Action Plan on combating terrorism. This is the update of the last report, issued at the end of 2012."
See also: Report on the implementation of the EU Counter-Terrorism Strategy (Doc no 15799-add1-rev1-14, pdf):"Delegations will find enclosed an updated version of the implementation of the legislative instruments listed in the Declaration on terrorism of the European Council of 25 March 2004, and subsequent major instruments identified by the United Nations". EU State-by-state adoption of measures.
24. EU: EDPS: A message from Giovanni Buttarelli, European Data Protection Supervisor: Big Data, Big Data Protection (pdf)
25. UK: Joint Human Rights Committee report: Legislative Scrutiny: Counter-Terrorism and Security Bill (pdf): The Committee expresses doubt as to whether UK data retention powers meet the standards of the Court of European Justice judgment in the Digital Rights case which said mass surveillance was disproportionate. See: Justice 2nd Reading Briefing (link) and Counter-Terrorism and Security Bill threatens access to courts and independence from government (Law Society, link)
And: Anti-terror bill a threat to academic freedom, MPs tell Theresa May (Guardian, link), MPs bridle at plans to make universities monitor 'extremism' (The Independent, link), Chief constable warns against ‘drift towards police state’ - Greater Manchester’s Sir Peter Fahy says it is not the police’s job to define what counts as extremism (Guardian, link) and Passport plans spark human rights fears (Financial Times, link)
26. UK: Police asked to investigate G4S over Guantanamo role (Reprieve, link and see: Activists report security company G4S to police over its 'illegal' work at Guantanamo Bay (The Independent, link)
27. FRANCE: This map shows every attack on French Muslims since Charlie Hebdo (VOX, link): "Since the terrorist attack on French satirical magazine Charlie Hebdo, the country's Muslim community, despite universally and repeatedly condemning the attack, has come under a wave of misguided "reprisal" attacks" and see: A Snapshot of Europe Based Anti-Muslim Prejudice Into the New Year (Tell Mama, link)
28. Paris, 11 January 2015: Joint statement by Ministers of the Interior (pdf) including "screening of travel movements by European nationals" crossing the external borders, "broader consultation" of the SIS and EU PNR (Passenger Name Record) "including intra-EU PNR" (travel within the EU).
See also: David Cameron: ‘snoopers charter’ will re-appear after Tory election win (Guardian, link) and: Keeping Its Composure: Germany Seeks Calm after French Attack (Spiegel Online, link): "The German government is trying to address the French terror attacks with a sense of calm, with no plans for new terror laws. However, fears are growing that the massacre will boost a disturbing anti-Muslim current in the country.."
29. EU: DATA PROTECTION REGULATION: EU General Data Protection Regulation State of play and 10 main issues (pdf) Rapporteur: Jan Philipp Albrecht, Greens/EFA: Both Parliament and Council aim for the opening of trilogue negotiations about the final version of the law before the summer break in 2015, and the conclusion of the legislative work by the end of 2015. The Regulation will then be applied in every EU Member State after two years of transition period that allows for everybody to adapt to the new rules and including:
"Transfer of data to third countries: The Parliament insists that companies are not allowed to hand over data from Europe directly to third countries´ authorities. This can only occur under a mutual legal assistance treaty or similar instrument based on European law. This shield against foreign access to European data was already contained in a first draft of the Commission's proposal, but deleted after intensive lobbying of the American government. It was put back by the Parliament after the Snowden revelations. Member States have not incorporated this approach in their version of the chapter on international transfers, but seemingly are open to it."
30. Does the EU need more anti-terrorist legislation? (EU Law Analysis, link):
"The Paris attacks were directed at free speech: the foundation of liberal democracy. Of course efforts should be stepped up to prevent such attacks from happening again; but existing laws allow for targeted intelligence gathering and sharing already, The Commission’s immediate response reeks of panic. And the direct attack on fundamental democratic principles this week in Paris is precisely the wrong context to consider that new legislation curtailing other fundamental freedoms."
31. After Charlie Hebdo attack, do spy agencies need more powers? And if it is the case that more surveillance powers are required, what should Whitehall demand in terms of extra oversight (Guardian, link): "The tragic terrorist events in Paris should not be used as an excuse for an extension of the already extensive surveillance powers enjoyed by intelligence agencies."
See also: Terrorism, technology and accountability: Address by the Director General of the Security Service, Andrew Parker, to the Royal United Services Institute (RUSI) at Thames House, 8 January 2015 (MI5, link)
And Paris damages the case for mass surveillance (Paul Bernal blog, link): "The fundamental problem is that terrorism, by its very nature, is hard to deal with. That’s something we have to face up to – and not try to look for silver bullets. No amount of technology, no level of surveillance, will solve that fundamental problem. We shouldn’t pretend that it can."
And: The response to the Charlie Hebdo murders is not more untargeted surveillance (Open Rights Group, link)
32. Italian Reaper Drones To Be Used for Crowd Monitoring (Defense News, link): "As their deployment to Afghanistan comes to an end, unarmed Italian Reaper UAVs are to be used to monitor soccer games and demonstrations in Italy’s cities, following a deal struck between the Italian Air Force and the country’s police forces."
33. EU ACCOUNTABILITY GAP: European Parliament: Joint Police Operation "Mos Maiorum" (13-26 October 2014): During this JPO the Commission, the Council and Frontex denied any part in planning it - its was all the responsibility of the Italian Council Presidency (and presumably the Greek Council Presidency which took the decision) plus all the EU Member States who took part.
See: Council put out censored, "partially accessible", version of the operation document deleting the date and all the details of Joint Police Operation (JO): Censored text (pdf) and see: Full-text (pdf)
MEPs tried to find out more: Question to the Council: Subject: Planned joint police operation ‘Mos Maiorum' (EP, link) from: Barbara Spinelli (GUE/NGL) , Kostas Chrysogonos (GUE/NGL) , Malin Björk (GUE/NGL) , Martina Anderson (GUE/NGL) , Marie-Christine Vergiat (GUE/NGL) and Reply by the Council (EP link) and see Question: ‘Mos Maiorum’ joint operation and role played by Frontex: from Silvia Costa (S&D) , Kashetu Kyenge (S&D) , Elly Schlein (S&D) , Patrizia Toia (S&D) and the Reply by the Council (link) which simply refers to the same answer as that given to the first question. Thus the replies by the Council are:
"The attention of the Honourable Members is drawn to the fact that the joint police operation Mos Maiorum is being conducted under the responsibility of the Italian State, with the support of those Member States which have decided to participate. The Council as an institution has therefore not taken any decision in its setting up, nor is it in a position to comment on the way it is managed.
The competent courts, along with the Commission, as guardian of the Treaties, are responsible for overseeing Member States' application of Union law...."
Background: Statewatch Summary of coverage: (5.11.14): Media and Web coverage: no 7 (pdf) (24.10.14): Media and Web coverage no 6 (pdf), (20.10.14): Media and Web coverage: no 5 (pdf), (17.10.14): Media and Web coverage: no 4 (pdf), (15.10.14): Media and Web coverage: no 3 (pdf), 13.10.14: : Media and Web coverage: no 2 (pdf) and 13.10.14:same dayWeb-media coverage: no 1 (pdf) and see: "Mos Maiorum": Images and photos of protests (pdf)
34. EU: European Parliament: Legal Services Opinion: CJEU's ruling on the Data Retention Directive (pdf)
See also: Executive Summary: LIBE – Questions relating to the judgment of the Court of Justice of 8 April 2014 in Joined Cases C-293/12 and C-594/12, Digital Rights Ireland and Seitlinger and others – Directive 2006/24/EC on data retention – Consequences of the judgment (link)
35. EU: European Parliament Study: Network Neutrality Revisited: Challenges and Responses in the EU and in the US (pdf):
"This analytical study provides background on the debate over network neutrality, including (1) its technological, economic, and public policy aspects, and (2) the implications for European public policy going forward, including the position of the European Parliament on the Telecoms Single Market Regulation that was adopted in the first reading of the European Parliament in April 2014. It includes a comparison between the US, where these issues continue to be debated intensely, and the EU."
36. EU: Council of the European Union: PRUM exchange of DNA, fingerprints and vehicle registration: Implementation of the provisions on information exchange of the "Prüm Decisions" - overview of documents and procedures - overview of declarations - state of play of implementation of automated data exchange (pdf) and Conclusions of the 10th Annual meeting of the National Experts on Joint Investigation Teams (25 - 26 June 2014, the Hague) (pdf)
37. EU: Council of the European Union: Report and Guide (p24): Report on the exercise of the rights of the data subject in the SIS and Guide for exercising the right of access in the SIS (110 pages, link)
38. EU: European Parliament: Working documents: Registered Traveller Programme (pdf) and the use of the Entry/Exit System (EES) and the Registered Traveller Programme (RTP) (pdf)
39. IXMKANDER (Humanity Defense and Brotherhood Association): REPORT OF REFUGEES' DEATH CASES” on Boat Disasters Befallen by Immigrants and Refugees (pdf): "Refugees flock to Europe and to the Continent of America (United States of America and Canada) primarily from the Middle East, Caucasia and Central Asia because of the warfare and violation of human rights by the hand of governments in power in these countries...
This report incorporates results of accidents emerging from deliberate sinking or ordinary sinking during illegal human trafficking, as well as the refugees' death cases. Loss, death and injury cases reported in January and December 2014 are examined in this report."
40. EU: Council of the European Union: EnviCrimeNet - Intelligence Project on Environmental Crime - Preliminary Report on Environmental Crime in Europe (LIMITE doc no: 16438-14, pdf): "Towards the end of 2013 the EU’s Standing Committee on Operational Cooperation on Internal Security (COSI) tasked the informal Environmental Crime Network (EnviCrimeNet) to report about their activities and to provide a scan in relation to environmental crime in the EU by the end of 2014."
41. UK: Conference: Police corruption, spying, racism and accountability (Centre for Crime and Justice Studies, link): 6-7 February 2015: Conway Hall: "The Centre for Crime and Justice Studies and The Monitoring Group are holding a unique two-day conference seeking common ground, between families, community workers, journalists, academics, lawyers and affected communities, to understand and challenge the problem of police corruption, spying and racism."
42. EU: Frontex: Preliminary Figures Indicate 270,000 Irregular Migrants and Asylum Seekers Reached EU in 2104 – Double Previous Record Set in 2011 (Migrants at Sea, link)
43. EU: Council of the European Union: "Researchers" Directive: Proposal for a Directive on the conditions of entry and residence of third-country nationals for the purposes of research, studies, pupil exchange, remunerated and unremunerated training, voluntary service and au pairing [Recast] (LIMITE doc no: 16343-14, 158 pages, pdf): Developing the Council's position: "At its meeting held on 2 December 2014, the JHA Counsellors had an exchange of views on the Presidency compromise suggestions included in document 15800/14. The outcome of this exchange of views is reflected in the text in Annex. " With 177 Footnotes including Member State positions.
44. EU: Council of the European Union: Schengen cooperation with third countries, Migratory flows & Med Task Force and Nuclear transport
• Third countries: Local Schengen cooperation between Member States' consulates (Article 48(5), first subparagraph, of the Visa Code) - Compilation of summary reports covering the period 2013-2014 (209 pages, pdf)
• Managing migratory flows: follow-up to Council conclusions "Taking action to better manage migratory flows" of 10 October 2014 - Implementation of the actions under the Task Force Mediterranean and the Justice and Home Affairs Council conclusions of October (LIMITE doc no: 16222-14, pdf)
45. EU: Council of the European Union: European Union Maritime Security Strategy (EUMSS) - Action Plan (19 December 2014, pdf) and European Union Maritime Security Strategy (adopted 24 June 2014, (pdf) The former includes reference to search and rescue at sea - though not all Member States agree and this UK statement was not disowned by other Member States: UK axes support for Mediterranean migrant rescue operation - Refugees and human rights organisations react with anger as minister says saving people encourages others to risk voyage (Guardian, link).
And: European External Action Service (EEAS): EU Military Rapid Response Concept (pdf): "This document describes the EU's approach to Military Rapid Response and how it could be delivered. This EU Military RR action may either involve EU BGs (Joint Land Centric RR), Single Service RR elements (Land, Maritime or Air), Joint RR (combining EU BG and Single Services RR elements, or combining Single Service RR elements) or any other RR elements offered by volunteered MSs."
46. EU: Integrated police units with "niche" roles like public order: European External Action Servicce (EEAS): Report on Member State replies to a questionnaire on Integrated Police Units, Formed Police Units, national and multinational police expert teams and other civilian "niche" capabilities (LIMITE doc no: EEAS 01803-14, 38 pages, pdf)
If you read that: "The initiative to gather information on niche capabilities should be seen in the context of the Council conclusions of 23 July 2012, in which the Council renewed "its commitment to support sustainable civilian capability development by the Member States, to address capability gaps and ensure that in the future also the required capabilities will be available". It is a constant challenge for civilian CSDP to ensure that capability shortfalls are identified in a timely manner and addressed appropriately." You are probably none the wiser. This initiative is geared to locating delpoyable police units within or outside the EU. And it expressly does not include the European Gendarmarie Force (EGF) which is already in place: "an inventory of Member States' police elements not included in the EGF Catalogue"
See also: EU wants access to more national police units for "robust" missions outside European borders (Statewatch database)
47. EU: "BEST PRACTICES" for COERCIVE FINGERPRINTING of MIGRANTS and their DETENTION "for the purpose of fingerprinting [with] the use of a proportionate degree of coercion" including "vulnerable persons, such as minors or pregnant women"
European Commission: Best Practices for upholding the Obligation in the Eurodac Regulation to take fingerprints (LIMITE, doc: DS 1491/14, pdf) "Meeting document" from European Commission. In the attached study it is clear that many EU states do not have laws permitting the use of coercion to take undocumented migrants' fingerprints, the Commission's "Best Practices" however foresees the use of coercion although the study shows that coercion is not allowed by law in 14 Member States. It is only lawful in 7 Member States (Croatia, Austria, Finland, Germany, Poland, Slovakia and the UK). In Italy it not allowed by law but is by courts and in Sweden people are detained.
"The European Commission carried out an EMN enquiry to find out how Member States were dealing with this situation. The results of this enquiry (attached) show that some Member States permit the use of detention for the purpose of fingerprinting some permit the use of a proportionate degree of coercion, while others neither use detention nor coercion....
For as long as a data-subject refuses to cooperate in the initial identification process, including in the taking of his/her fingerprints as required by EU law, it is not possible to conclude whether or not there is a realistic prospect of his/her return being carried out and, as such, detention may be permitted under the terms of the Return Directive...
Member States may consider that it is never appropriate to use coercion to compel the fingerprinting of certain vulnerable persons, such as minors or pregnant women. If some degree of coercion is used for vulnerable persons it must be ensured that the procedure used is specifically adapted to such persons. The use of coercion should always be recorded...."
48. EU: Council of the European Union: EU Action on Migratory Pressures - A Strategic Response 5th Biannual Update (LIMITE doc no: 16600-14, 48 pages, pdf) Detailed report including: "Strategic priority area: Strengthening cooperation with third countries of transit and origin on migration management"
49. EU: Council of the European Union: Operation Archimedes, Exchange of administrative information & Lead "Actors"
- Europol To: Standing Committee on operational cooperation on internal security: Subject: Operation Archimedes - Evaluation Report (LIMITE doc no 16442-14, : pdf): "Operation Archimedes, a large scale international law enforcement operation, targeted serious and organised crime in the EU and involved actions at hundreds of locations between 15 and 23 September 2014. EU Member States (28) and their international partners (6 third countries, Eurojust, Frontex and Interpol) came together to disrupt the activities of criminal groups engaging in the trafficking and production of drugs, the trafficking of human beings, the facilitation of illegal immigration, organised property crime, the trade in firearms and counterfeit goods."
- From the use of criminal law to that of administrative information: Exchange of police information for administrative use - outcome and possible follow-up (LIMITE doc no: 15617-14, pdf)
- "Actors": Implementation of the Council conclusions setting priorities in the fight against organised crime for 2014 - 2017: identification of the relevant actors (11538-rev3-14, pdf): "based on the observation that the EU Police Forces encounter limits in exchanging information when this is not requested in direct connection to a crime committed or being committed, but with the aim of, for instance, ascertaining the eligibility of administrative license applicants to an administrative procedure, in compliance with the national legislation."
50. EU: STATE-BUILDING: Council of the European Union: The EU Justice and Home Affairs agencies' cooperation in 2014 : working together to achieve common EU objectives (LIMITE doc no: 16287-14, pdf): "the report of the Heads JHA of Agencies meeting on 3 November 2014."
and Multilateral JHA Agencies Cooperation Scorecard 2014 (LIMITE doc no: 16286-14, pdf): "The scorecard was jointly drafted by CEPOL, EASO, EIGE, EMCDDA, EUROJUST, EUROPOL, FRA, FRONTEX and EU-LISA."
EU-UK-GCHQ-USA-NSA SURVEILLANCE
1. PAGE Festival 2014: Surveillance,Snowden and the Emerging EU State (video link) Leeds Beckett University: Lecture by Tony Bunyan, Statewatch Director
2. FBI has its fingers deep in NSA surveillance pie, declassified report shows (The Register, link): "The FBI had, and most likely still has, a much closer involvement with the NSA’s mass surveillance programs than previously thought – with access to raw foreign intelligence and data on Americans gleaned from the PRISM program. The 231-page report, from the Department of Justice’s Inspector General, was obtained – albeit in a heavily redacted form – after a Freedom of Information request by The New York Times, a request made possible using key details leaked by whistleblower Edward Snowden."
See Document: FBI and Section 702 of FISA (284 pages, pdf))
3. GCHQ-BELGIUM SURVEILLANCE: Operation Socialist: The Inside Story of How British Spies Hacked Belgium’s Largest Telco(The Intercept, link):
"The full story about GCHQ’s infiltration of Belgacom, however, has never been told. Key details about the attack have remained shrouded in mysteryand the scope of the attack unclear. Now, in partnership with Dutch and Belgian newspapers NRC Handelsblad and De Standaard, The Intercept has pieced together the first full reconstruction of events that took place before, during, and after the secret GCHQ hacking operation."
USING THE STATEWATCH WEBSITE
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