In the pipeline/ 23/03 Brussels: - Weekly meeting of the European Commission - On the agenda: Publishing a White Paper on a Single European Transport Area; - Publishing a report on consular protection for Europeans outside the EU; - Publishing a report on changing the rules on state aid for services of general economic interest (SGEI). European Commission to publish a Green Paper on Thursday 24 March on online gambling in the single market

:PARLIAMENT : PROTOCOL FOR 18 NEW MEPS: RATIFICATION MAY TAKE PLACE BY SUMMER

The European Parliament's Secretary-General, Klaus Welle, said, on 15 March, that he hopes the ratification of the change to the treaties to increase the number of seats temporarily from 736 to 754  (1) by member state parliaments or governments can be concluded in the summer. So far, 15 national parliaments have officially ratified the protocol to be annexed to the treaties. Four more have ratified but have not yet deposited the papers in Rome.

The eight member states that still need to ratify the change are France, Germany, the United Kingdom, the Netherlands, Greece, Lithuania, Romania and Belgium. In this latter country, the particularly complex procedure (the text needs to be ratified by seven parliaments: federal, regional and linguistic communities) is nearly completed. With the exception of the United Kingdom, the ratification in the other member states is expected to be concluded in the next couple of months. Uncertainty surrounds the UK's ratification of the protocol as it is dependent on a provision included in the controversial British European Union Bill, which seeks to prevent the transfer of significant powers to the EU without a referendum (see Europolitics 4156). The second reading of the said bill in the House of Lords is scheduled for 22 March. After that there are five more stages (committee, report, third reading, consideration of amendments by both houses and royal assent). The first of these stages could take some time since the members of the House of Lords consider the bill line by line, but observers believe that the bill can be still be adopted in June.

Pending ratification by all member state parliaments, the 18 additional MEPs were supposed to be able to sit as observers without voting rights but this was never put into practice. Nearly all the names of the 18 are known bar the future two French MEPs. Despite controversy in the Parliament (3917), France, which had not amended its election law before the 2009 European elections, will appoint two members of its National Assembly. These two will resign from their position as members of parliament to become MEPs. Rapporteur Iñigo Mendez de Vigo (EPP, Spain) believesthat in the end this is the "lesser evil".

One of the future MEPs is Amelia Andersdotter, who was on the Swedish Pirate Party bill. This 23 year-old, who dropped her studies in a Swedish university to become an MEP, will be part of the Greens-EFA group. Andersdotter told Europolitics that she is "blogging a lot" and working for her party at the moment. She hopes to be in the EP's Committee on Industry, Research and Energy (ITRE) in order to tackle issues related to telecommunications in particular. Andersdotter is a staunch advocate of reforming copyright law.

The 18

Spain: +4

France, Austria, Sweden: +2 each

Bulgaria, Italy, Latvia, Malta, the Netherlands, Poland, Slovenia, the United Kingdom: +1 each

By Gaspard Sebag

(1)In 2014, after the June European elections, the number of seats in the Parliament will go down to 751 as foreseen in the Lisbon Treaty.

(EU) EP/POLITICAL PARTIES: Improving status and funding

Brussels, 16/03/2011 (Agence Europe) - Members of the constitutional affairs committee at the European Parliament have called for political parties and foundations to be given a legal status that allows them to acquire a legal personality based on Community law, rather than that of the state in which they have been set up or are recognised. On Tuesday 15 March, MEPs adopted the report by Marietta Giannakou (EPP, Greece) on the functioning of the existing rule on European political parties. MEPs also advocated greater flexibility in the funding field.

The 13 European political parties that benefit from EU funding are currently registered as non-governmental organisations in Belgium. The others are based in other member states. MEPs consider that it is necessary to set up a common legal and financial status, based on EU law on European political parties. MEPs also explained that that an authentic legal status and a legal personality would “enable the European political parties and their political foundations to act as representative agents of the European public interest”. They are therefore calling on the Commission to propose a draft statute.

Funding and referendum campaigns. The constitutional affairs committee recommends several reforms to the rules on the funding of political parties. Currently, EU funding can cover 85% of the expenditure of the party, which must therefore find the remaining 15% itself. MEPs believe that this 15% “could be reduced to 10%”. They also suggest raising the ceiling for donations from €12,000 to €25,000 per year per donor, and they propose that the names of donors be made known. A distinction is made between granting a party recognition as a European political party and giving it funding. MEPs believe that to receive EU funding, the party should have at least one member in the European Parliament. They also suggest that European level parties be allowed to take part in referendum campaigns, as long as the subject “has a direct link with issues concerning the European Union”. Current regulation forbids this. The plenary vote on the report by Marietta Giannakou is expected to take place during the 4-7 April session. (L.C./transl.fl)

(EU) EU/JHA: Charter of Fundamental Rights not well known, survey reveals

Brussels, 18/03/2011 (Agence Europe) - European citizens know very little about the Charter of Fundamental Rights, with 72% saying they do not feel well informed about this charter which came into force along with the Lisbon Treaty, according to a survey by European Ombudsman Nikiforos Diamandouros, published on Friday 18 March. 13% of citizens have never even heard of the charter. This is one of the initial findings of a survey about citizens' rights commissioned by the Ombudsman and the European Parliament, says a press release. According to the survey, 42% of those questioned are “not satisfied with the level of transparency in the EU administration”.

“This, together with the lack of information about the charter, is very disconcerting”, the ombudsman commented, adding: “It is obvious that the Ombudsman, in partnership with the other EU institutions and the European Network of Ombudsmen, still has a lot more to do to inform citizens about their rights”. (S.P./transl.rt)

First Comprehensive Guide to European Non-discrimination Law Launched on the 21 of March

The first comprehensive guide to European non-discrimination law was launched by the European Union Agency for Fundamental Rights (FRA) and the European Court of Human Rights in Strasbourg on the 21 March, the International Day for the Elimination of Racial Discrimination.

The Handbook on European Non-Discrimination Law, published jointly by the Fundamental Rights Agency and the European Court of Human Rights, is the first comprehensive guide to European non-discrimination law.

It is based on the case law of the European Court of Human Rights and the European Court of Justice. It covers: the context and background to European non-discrimination law (including the UN human rights treaties), discrimination categories and defences, the scope of the law (including who is protected) and the grounds protected, such as sex, disability, age, race and nationality.

The handbook is aimed at legal practitioners at national and European level, including judges, prosecutors, lawyers, law-enforcement officials, and others involved in giving legal advice, such as national human rights institutions, equality bodies and legal advice centres, to whom it will be distributed.

It can also be consulted on-line or downloaded (see www.fra.europa.eu) and there is an accompanying CD-Rom dealing with the relevant legislation, specialist literature, case studies and case-law summaries.

It is already available in English, French and German. Versions in Bulgarian, Czech, Hungarian, Italian, Romanian, Spanish, Greek and Polish will follow shortly and the material will eventually be available in almost all EU languages as well as Croatian.

FRA Communication Team

information@fra.europa.eu

FIGHT AGAINST RACISM : DISCRIMINATION AND EXCLUSION STILL RAMPANT, SAYS REPORT

In Europe, ethnic and religious minorities continue to suffer a «cocktail» of discrimination and exclusion in all spheres of life, with immigrants or those perceived as immigrants suffering the most, according to the European Network Against Racism (ENAR) report published on 21 March, to mark the International Day for the Elimination of Racial Discrimination.

In education, such discrimination results in «lower quality education» for ethnic minorities, segregation, racist bullying and lower attendance rates and grades.

Another concern is that of minorities' access to public transport, including airlines in many countries, and the housing market is also fertile ground for discrimination, especially in Belgium, the Czech Republic, Ireland, Latvia, Malta and Spain. The report cites «explicit discriminatory remarks» published in housing adverts. Finally, the report claims, the growing number of political parties expressing «racist sentiments» has hindered the integration of migrants and ethnic minorities, a situation that has deteriorated further in light of the economic and financial crisis.

Some improvements are noted, however, «with regard to the positive impact of EU anti-discrimination legislation,» specifically Directive 2000/43/EC, which prohibits racial and ethnic discrimination. But, according to the ENAR, the legislation often merely indicates rights on paper, but often produces very little significant change in practice unless additional measures are taken. In 2008, the Commission proposed a horizontal directive to fight against discrimination, but the project has been blocked in Council, particularly by Germany.

The report is available at www.enar-eu.org/Page_Generale.asp?DocID=15296&langue=EN 

By Nathalie Vandystadt

(EU) EU/JHA/ECHR: Italian schools can keep crucifixes

Brussels, 21/03/2011 (Agence Europe) - On Friday 18 March, the European Court of Human Rights (ECHR) decided that schools can keep their crucifixes under the “margin of appreciation” that states have at their disposal. This decision governs the request made by an Italian of Finnish origin who lodged a complaint at the ECHR in 2006 against crucifixes being displayed in a state school in northern Italy attended by her two daughters. This definitive decision over-rules an initial decision by the court of first instance in November 2009. The ECHR at the time stated that Italy was violating the provision on the right to education under the European Convention of Human Rights (Article 2 of the Convention Protocol No.1), as well as the provision on freedom of thought, conscience and religion (Article 9) on which the ECHR had also based its decision.

This position was then contested by the Italian government. Since the beginning of 2010 the latter has been requesting that the case be sent to the Court. On Friday, 18 March it won its case. In its decision, the ECHR stated that “while the crucifix was above all a religious symbol, there was no evidence before the Court that the display of such a symbol on classroom walls might have an influence on pupils”. It also declared that “whilst it was nonetheless understandable that the first applicant might see in the display of crucifixes in the classrooms of the state school formerly attended by her children a lack of respect on the state's part for her right to ensure their education and teaching in conformity with her own philosophical convictions, her subjective perception was not sufficient to establish a breach of Article 2 of Protocol No. 1”.

The ECHR did not endorse the Italian government's argument that the presence of Catholic crosses in schools are a national “tradition” and symbolise “the principles and values which formed the foundation of democracy and western civilisation”. The Court refused to give its verdict on the subject but ruled that “states enjoyed a margin of appreciation in their efforts to reconcile the exercise of the functions they assumed in relation to education and teaching with respect for the right of parents to ensure such education and teaching in conformity with their own religious and philosophical convictions.” The Court also stated that it “had a duty in principle to respect the states' decisions in those matters, including the place they accorded to religion, provided that those decisions did not lead to a form of indoctrination”.

The Court explained that this margin of appreciation, particularly in the absence of “European consensus” on the question should be overseen by the Court, which should also ensure that this choice does not allow for any indoctrination. (S.P./transl.fl)

(EU) EU/DATA PROTECTION: Industry calls for flexible framework

Brussels, 16/03/2011 (Agence Europe) - Cable Europe (cable television operators), ECTA (new telecoms operators), ETNO (historic operators), EuroISPA (internet services suppliers) and GSMA (mobile communications operators), which together represent the whole European electronic communications industry, released a joint statement on Tuesday 15 March in which they set out their observations on the review of the directive on data protection which is currently taking place as part of the consultation process being conducted by the European Commission. They say the reform should provide a clear framework, adapted to technological developments, which allows users to manage their personal data in simple, clear and contextually appropriate ways. “Data protection rules should be flexible, technologically neutral and horizontally apply to all economic sectors and actors processing personal data”, the five associations say. More specifically, the industry sets out its recommendations.

1) Level competition playing field. The current review of the directive should aim to create a true “level playing field” for all businesses processing personal data. All online service providers that run websites and or provide services and applications that target European citizens should benefit from the same level playing field (“same services, same rules”). EU citizens' personal data shall be granted the same level of protection, regardless of the geographical location or the economic sector of the service provider.

2) Harmonisation. The current lack of harmonisation has led to important operational challenges and an inability to provide individuals with a consistent privacy experience due to inconsistencies in interpretation and application of the rules, and a consequent lack of clarity and legal certainty. The protection of EU citizens' privacy will only be ensured if the internal market in the area of privacy and data protection is fully achieved.

3) International data transfers. Focus should be put on reducing complexity and costs associated with the current rules for international data transfers outside the European Union. These rules need to be adapted and modernised. Considering the new economic reality, personal information flowing across borders has become a norm.

4) Reduction of the administrative burden. One way to achieve harmonisation is to reduce administrative burdens imposed on data controllers which do not enhance the privacy of individuals or the security of their data. Bureaucratic obstacles to the free movement of data are inhibiting the development of “cloud” services which are increasingly underpinning the “digital environment” and driving innovation and growth. The proposed framework on data protection and privacy should draw on industry technological innovation and self regulatory codes to provide a dynamic and timely response to changes in the privacy landscape.

5) Education and awareness. Individuals are increasingly becoming the data controllers of their own data as they seek to publish and share their information online. Education is a key component of ensuring individuals are better enabled to be aware of not only the privacy implications relating to their use of a product or service, but also their responsibilities in exercising preference, choice and control over the use of their data.

6) Balance between data protection and innovation. Overly cautious and strict rules on matters such as consent and notice are not suitable for the digital environment and could damage innovation in future technology and business models without enhancing an individual's privacy. Data protection rules should be flexible enough to strengthen innovation and allow the development of new services, increasing mobility of personal data.

While the 1995 directive offered protection and maintained consumer confidence, the new framework must be able to withstand the test of time and be flexible enough to adapt to changes so as not to slow innovation, the five associations says in conclusion. The sector says it is ready to work with the Commission and the other stakeholders to develop a framework able to face all challenges and to achieve the objectives of the Digital Agenda for Europe, so dear to the Commission. (I.L./transl.rt)

(EU) EP/EMPLOYMENT: Single permit, equal rights for third country migrants

Brussels, 17/03/2011 (Agence Europe) - Non-EU workers should have the same rights as those enjoyed by EU nationals when it comes to working hours, leave and social security, the European Parliament employment committee states. Nonetheless, MEPs have made it clear that member states may choose to allow tax benefits only when workers' family members live in the same country. They backed the Commission's proposal to exclude posted workers from the scope of the legislation.

On Tuesday 15 March, members of the EP committee on employment and social affairs adopted the amendments by 33 to 12 votes and one abstention. The amendments will be put to the vote, together with amendments by the EP civil liberties committee adopted on 3 February during the plenary session in Brussels on 24 March.

Addressing the employment committee, the rapporteur, Alejandro Cercas (S&D, Spain), stressed that the conflict with the civil liberties committee only concerned the interpretation of the regulation. “We must stand united in our insistence on the need for working and social conditions. Disagreement or agreement will be on these conditions”, he said, calling for them to “very broadly reach an agreement in committee and prevent others from interfering in areas where they do not have competence. Compromise is necessary”.

Context.

The single permit directive also aims to streamline administrative procedures for all potential immigrants who wish to live and work in an EU member state, by allowing them to obtain work and residence permits through a single procedure. This would also confer a standard set of rights on non-EU workers comparable to those enjoyed by EU citizens, such as minimum working conditions, recognition of education and professional qualifications and access to social security, the EP underlines in a press release. On 14 December 2010, after approving a series of amendments to the Commission proposal, MEPs rejected the amended text in their final vote (306 votes to 350 and 25 abstentions). The Commission chose not to withdraw the proposal, so it was referred back to the civil liberties committee, while the employment committee, which has associate status for this legislation, also deliberated its amendments, focusing on equal treatment at the workplace and with regards to social security.

Equal treatment. The EP points out that, according to the original proposal, employed non-EU workers would receive equal treatment with EU nationals as regards pay and dismissal, health and safety at work and the right to join trade unions. On Tuesday 15 March, the employment committee voted to delete the reference to employment and wants to extend those rights to equal working time and leave, while clarifying workers' access to social security and tax benefits. For example, workers would be able to claim benefits if they are tax resident in the member states of employment but this would be limited to cases where family members also live in the same country.

Social security and pensions. Member states would be able to restrict family benefits and unemployment benefits to workers with a permit valid for at least six months. Individuals who have been admitted for the purpose of study would not be able to claim unemployment benefits. Non-EU workers would be able to receive their pensions when moving back to their home country if there is a bilateral agreement between the member state where they were working and their home country.

Vocational training and education. The EP notes that, according to a compromise amendment approved by the committee, vocational training and education could be limited to employed or recently employed non-EU workers. Individuals residing in the EU will be excluded, while workers who would like to obtain a degree not directly linked to their jobs may be required to demonstrate language proficiency.

Who is not covered? The draft law was not intended to cover long-term residents, refugees and posted workers (who are already subject to other EU rules), seasonal workers or intra-company transferees (who will be covered by other European directives). (G.B./transl.jl)

(EU) EU/JHA: New rules against human trafficking

Brussels, 18/03/2011 (Agence Europe) - The EU is expected to take on new rules against people trafficking on Monday 21 March when foreign affairs ministers are due to formally adopt a directive replacing current framework decision 2002/629. This will be the first agreement between the Council and the European Parliament (EP) under the co-decision instituted by the Lisbon Treaty. The text provides, inter alia, for increasing the minimum penalty from five years minimum to 10 years where there are aggravating circumstances. These include offences against the most vulnerable, such as children.

The text also contains a provision which will allow national authorities not to prosecute victims of trafficking or impose any penalty on them, if they have been forced to take part in criminal activity. The proposal covers more forms of human trafficking, a source said on Thursday 17 March, and also places a requirement on member states to aid victims and provide them with legal assistance.

The text states that each member state must conduct investigations or begin proceedings against offences committed within its borders or committed by one of its nationals, even outside the country. Member states may chose to go further than the rule by extending their area of responsibility with regard to offences committed outside their borders, for example, when the offence is committed against one of their nationals or against a person normally resident in the country. They will also be able to go beyond the basic rule when the perpetrator of the offence normally resides within their borders. The United Kingdom and Denmark will not take part in the system. (S.P./transl.rt)

(EU) EP/JHA: MEPs want to toughen draft Frontex review

Brussels, 18/03/2011 (Agence Europe) - MEPs on the European Parliament (EP) civil liberties committee voted on Thursday 17 March on beefing up the Frontex Agency and called for “stricter fundamental rights obligations, more solidarity with member states facing disproportionate burdens and a new EU Border Guard System”, a press release states. In adopting the report by Simon Busutill (EPP) by 43 votes to 7, the committee took the view that Frontex should have an EU Border Guard System “consisting of a pool of national border guards that can be tapped by the agency for its joint operations, rapid border missions and pilot projects”.

They also backed the Commission's proposal to grant the agency the resources to purchase or lease its own equipment. Member states, they say, should provide the necessary technical support and expertise in the management of external borders. “In turn, the agency should promote solidarity between member states, especially those facing specific and disproportionate pressures.” Timeframes within which rapid border intervention missions are deployed in urgent situations should be shortened, they said. “The deployment of the teams should take place no later than three working days after an operational plan is agreed”, the report says.

MEPs backed the creation of an “advisory board on fundamental rights within Frontex” to investigate compliance with fundamental rights in any operations conducted by the agency. They said, too, that Frontex should also draw up a code of conduct to ensure respect for fundamental rights.

Amendments were passed allowing Frontex to process personal data only “when strictly necessary”; and, in doing so, the agency should be limited to personal data of people “suspected of involvement in cross-border crime, irregular migration or human trafficking, people who are victims of such activities and those subject to return operations”. Storage of these data should not exceed three months. (S.P./transl.rt)

(EU) EP/JHA: EP liberties committee takes asylum proposals forward

Brussels, 18/03/2011 (Agence Europe) - On Thursday 17 March, members of the European Parliament's civil liberties committee adopted the report by Sylvie Guillaume (S&D, France) on a proposal for recasting the 2005 directive on asylum procedures. The proposal in question, put forward in 2009, aims to introduce a single EU-wide procedure for granting and withdrawing international protection, including common safeguards for asylum seekers.

After a vote resulting in a very slim margin in favour (28 to 22), MEPs put forward amendments that the Commission should integrate into its new recasting proposals for this directive, due to take place before the Polish Presidency of the EU Council of Ministers begins (on 1 July 2011). They should also allow the current impasse to be overcome and the establishment of a common asylum system to be set in place in 2012, mainly at the level of the Council.

With adoption of the report by Sylvie Guillaume, MEPs took the view that first instance decisions should be taken more speedily, “within six months”, and their quality should also be improved with more emphasis on “procedural safeguards for the especially vulnerable, such as victims of torture, rape or other serious acts of violence, unaccompanied minors, pregnant women, etc.”. According to the text adopted, asylum seekers should benefit from free first instance legal assistance, Guillaume was pleased to say. Applicants must also be allowed to remain in the member states for the sole purpose of the procedure until the national authority has made a final decision, “including in cases where an applicant lodges an appeal, and for as long as a competent court or tribunal so authorises”, MEPs say. Regarding the concept of “safe third countries”, they also backed the idea that a “common list of safe third countries” be adopted and amended by Parliament and Council under co-decision procedure. With regard to solidarity between member states, countries that accept a “disproportionately large number of asylum applications” compared to the size of their population, may receive “financial support and administrative/technical support (…) immediately under the European Refugee Fund (ERF) and the European Asylum Support Office (EASO) respectively in order to enable them to comply with this directive”, MEPs state.

Finally, MEPs underline that access to information on procedures to be followed when applying for international protection and access to organisations (such as NGOs) providing legal advice and counselling to asylum seekers should also be provided at border crossing points or in detention centres. One committee amendment reiterates that member states must fully respect the “non-refoulement principle” and also the right to asylum. The report is to be voted during EP plenary session in May. (S.P./transl.jl)

(EU) EU/IMMIGRATION: EU practices under scrutiny of Council of Europe

Brussels, 16/03/2011 (Agence Europe) - With Italy currently in the headlines due to the number of migrants from North Africa who have arrived on its shores since mid-February, the Council of Europe held a hearing in Brussels on Wednesday 16 March on European immigration and asylum policies, sounding out the state of health of these policies since the Stockholm programme. This health check was commented on by representatives of the EP, the Commission and a number of experts, including those of the European Asylum Office.

The day before, the Council of Europe presented its guidelines to the committee of ministers in Strasbourg, regarding the hosting and treatment of migrants in Europe in situations such as those being experienced today in Italy and Malta, which are concerned at the political upheaval. These guidelines, amongst other things, lay down the principles of respecting human rights standards, with the member states called upon to observe the provisions of both the European Convention on Human Rights and the Charter of Fundamental Rights. These guidelines also consist of setting in place emergency plans in the event of mass influxes of migrants, whilst taking care to ensure that the asylum application and decision procedures are in compliance, that the human resources needed to deal with the people and the identification of their status are sufficient and that the states cooperate more with one another in these situations.

Solidarity, or lack of it, in dealing with asylum seekers and migrants was one issue put forward by the MEPs Claude Moares (S&D) and Cecilia Wikström (ADLE), who spoke out against the delays taken by the Council over the “asylum package” of the Commission and the refusal of the member states to make certain proposals reality, such as a mechanism for the temporary suspension of transfers of asylum seekers from country to country. The approach decided on as regards migrant workers also came in for criticism for being, they argue, restrictive and not fair enough. Moraes referred to the various texts on the single licence, seasonal workers and ICT workers and regretted that the Council has “fragmented all the dossiers”, thereby making it harder to implement a genuine European model for the hosting and rights of migrants. (S.P./transl.fl)

(EU) EU/JHA: Immigration - more exchange with Frontex

Brussels, 15/03/2011 (Agence Europe) - On Monday 14 March, the EU Council of Ministers adopted a regulation amending the 2004 regulation on the creation of a network of immigration liaison officers (ILO). This technical review above all establishes a legal basis for cooperation between liaison officers of member states and the Frontex agency which manages operational cooperation at the external borders of EU member states. The ILOs are invited to gather information on illegal immigration and to share this information with Frontex in order to enrich its risk analyses. Amendments adopted promote the use of the ICONet network, a secure-web-based information and coordination network for member states' migration management services, for regular exchange of information and practical experience. They also highlight the possibility of using available Community funds for the creation and smooth operation of ILO networks and rationalise the reporting system related to the activities of established ILO networks, ensuring also that the EP, co-legislator in this policy area, is properly informed. (S.P./transl.jl)

(EU) EU/JHA: Immigration/Italy - principle of “non-refoulement” in question

Brussels, 15/03/2011 (Agence Europe) - On Monday 14 March, Italy was trying to cope with over 1,600 migrants according to figures from the Lampedusa harbour master's office cited by AFP. The European Commission announced the next day that it had requested Italian authorities to closely verify the potential refugee status of nearly 1,800 others, most of whom were of Moroccan origin, who arrived on Monday evening near the Italian coast on a Moroccan ferry from Libya that had been blocked by the Italian navy. According to Italian media reports, the Italian navy had banned entry by the ferry to territorial waters. The ferry required refuelling, which was ensured by the navy.

According to the Commission spokesman, however, if facts are confirmed, it does not at this stage appear to be an “act of refoulement”, said Martin Grabiec, the spokesman for Commissioner Cecilia Malmström as, according to elements provided by the Italian authorities, they had not ordered the ferry to return to its port of departure and the ferry had not sought to enter Italian waters. He explained that no specific distress situation had been detected.

The Commission nonetheless called on Italy to verify whether the persons on board the ferry could benefit from refugee status. According to the Italian authorities, Moroccans as well as nationals from other countries - Algeria, Egypt, Mauritania and Syria - were on the boat, which was 240 km from the port of Augusta in Sicily but had resumed the direction of North Africa late on Tuesday afternoon, according to a number of Italian media reports.

On Tuesday, the European Commission reminded member states of their obligations in terms of international protection and compliance with European and international requirements in management of their borders and of migratory flows and asylum seekers. Under European and international laws (the Geneva Convention of 1951 and the 1957 Protocol), no expulsion measure may be applied until a decision has been taken on the asylum request. If those on the Moroccan ferry were eligible for refugee status, then, if it turned out that Italy had ordered the vessel not to enter its waters, this action would be in breach of European and international laws.

The issue of migratory flows has been troubling Italy since the middle of February. It has taken in almost 10,000 people, mainly from Tunisia, since the outbreak of the uprisings in North Africa. The issue was broached at the special European summit on 11 March which was devoted to Libya. In their conclusions, member states called for a meeting of home affairs ministers to be convened “without delay”, a special meeting to discuss the management of migratory flows by the countries of the region (Libya, Tunisia and Egypt) having been supported and called for by France, a source said again on Monday 14 March. At this point, however, the Hungarian Presidency would seem to wish to hold to the planned timetable, with a meeting of the JHA Council on 11-12 April. This timescale would make it possible to establish contact with these countries' authorities which are responsible for managing migration, a source said. (S.P./transl.jl/rt)

(EU) EU/LIBYA: EU prepares to rescue increasing number of refugees

Brussels, 21/03/2011 (Agence Europe) - On Monday 21 March, foreign affairs ministers from the EU27 confirmed in Brussels that the EU was prepared to step up its assistance to the increasing number of people fleeing the conflict in Libya (EUROPE 10340). Catherine Ashton, EU High Representative for Foreign Affairs and Security Policy, informed the press that the EU had expressed its willingness to provide assistance under the ESDP and deploy new civil protection measures (Ed: for evacuating civilians). The high representative explained that she would remain in contact with Ban Ki-moon, Amr Moussa and Jean Ping and that the key question involved humanitarian issues.

It is difficult to have a clear idea of the number of people requiring assistance in these combat zones, which are difficult or impossible to access. On Monday, Raphael Brigandi, the spokesman for Kristalina Georgieva, the commissioner for humanitarian assistance and crisis response, declared that “since 17 March, the number of people to evacuate at the Egyptian border has risen from 817 to more than 2,300”. The number of refugees has significantly increased but is not yet overwhelming. A coordination meeting is expected to take place with the IOM, UNHCR and the member states in an effort to provide an optimum response to the consequences of the military operation. (A.N./transl.fl).

(EU) EU/JHA

21/03/2011 (Agence Europe) - Greece: asylum. Council of Europe Secretary General Thorbjørn Jagland sent a letter to Greek Prime Minister Georgios Papandreou on Friday 18 March to remind him of the urgency of implementing the recommendations issued by the Council of Europe committee for the prevention of torture and inhuman or degrading sentences and treatment (CPT) on 15 March. The CPT condemned the treatment and detention conditions of illegal migrants in Greece, in particular, the continuing lack of action on the part of the Greek authorities to improve the situation on the detention of illegal migrants and the state of the prison system. (S.P./transl.rt)

(EU) EU/JHA: New charge against migrant detention in Greece

Brussels, 16/03/2011 (Agence Europe) - In a statement published on Tuesday 15 March, the Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) of the Council of Europe criticised the conditions for the treatment and detention of illegal immigrants in Greece, in particular the “persistent lack of action to improve the situation (…) as regards the detention of irregular migrants and the state of the prison system”, a press release reads. On 8 March, the Fundamental Rights Agency (FRA) issued a report in which it described the detention conditions for illegal migrants, coming mainly from Turkey, as “inhuman” in certain centres in Greece.

The CPT's reports on its visits to Greece “all paint a similar picture of irregular migrants being held in very poor conditions in police stations, and other ill-adapted premises, often disused warehouses, for periods of up to 6 months, and even longer, with no access to outdoor exercise, no other activities and inadequate health-care provision”, the press release states. The recommendations to improve the situation for irregular migrants have, however, continued to be ignored, the CPT continues, stating that “no steps were taken to put in place a coordinated and acceptable approach as regards their detention and treatment”. (S.P./transl.fl)

IMMIGRATION : LIBYAN REFUGEES: MALMSTRÖM ASSURES ROME OF EU SUPPORT

Home Affairs Commissioner Cecilia Malmström expressed satisfaction over her meeting with Italian Interior Minister Roberto Maroni, on 17 March in Brussels, saying that she had "a useful and timely conversation" on "the migration consequences of the dramatic situation in North Africa". The Italian minister, who has previously requested "solidarity" from his European counterparts, particularly concerning "sharing the refugees," informed Malmström of the latest developments in his country.

"We agree that our common European response should be based on the principle of EU solidarity with North Africa as well as between member states," the commissioner said.

She also expressed herself as being "very concerned" over developments in the region, with Colonel Gaddafi's violence against the opposition movement in Libya. "The Commission is carefully monitoring the situation and stands ready to help and support member states that are or might be confronted with an increased influx of migrants," said Malmström. Like Maroni, she emphasised the need to "prepare for all possible scenarios" - financially as well as with concrete operational measures.

Before Gaddafi exceeded acceptable limits according to Italy, Rome had called on its European partners to show restraint in their condemnation of the violence of the Libyan regime, fearing an opening of the floodgates of illegal immigration and a "biblical exodus" to European shores, particularly Italy's.

Malmström again focused on the Frontex agency's surveillance of the EU's external borders as a possible solution. Concerning the circumstances in which member states may face demands from countries in need and the willingness of other member states to provide the necessary operational support, she said "the human and technical resources of Frontex could be increased depending on future needs," adding that "we must also analyse how we can best use the emergency funds that are already available at EU level".

"As I highlighted during my conversation with Minister Maroni, protection obligations remain paramount. Therefore, we must pay specific attention to vulnerable persons and those in need of international protection within the framework of a European response. We must ensure they get the protection to which they are entitled under international and EU law and that there is a respect of the non-refoulement' principle."

Malmström acknowledged the efforts that Italy has made in recent days to evacuate a number of foreign nationals out of Libya, especially those of Eritrean nationality. "The situation for people of some other nationalities still in Libya or in the border areas remains particularly precarious, and I urge all member states to make an effort to assist in their resettlement," she declared.

By Nathalie Vandystadt

AVIATION SECURITY : EP EXPECTED TO GIVE GREEN LIGHT TO AIRPORT SCANNERS

Members of the European Parliament are preparing to approve the use of security scanners at EU airports. Luis de Grandes Pascual (EPP, Spain) is drafting a report on the question, expected to be adopted by Parliament in June. His draft, presented to the Committee on Transport (TRAN), on 15 March, proposes to the European Commission to add scanners to the list of authorised inspection methods in the EU. The reaction by MEPs has been favourable overall. The Commission has confirmed that it will present a legislative proposal "in the coming months".

"The new generation of scanners can meet the requirements of human dignity and respect for privacy and non-discrimination while offering high levels of protection of human health," de Grandes Pascual told the EP TRAN committee. Putting a stop to the controversy of recent months over the indecency of images taken by such equipment, he explained that "the images we have seen in the media are outmoded. These systems no longer show a human body, but an image, a mannequin, a photo of a dressed passenger". His draft report states that the conditions for the use of these scanners will be determined at EU level and based on common standards that impose the guarantees required for protection of passengers' health and fundamental rights.

For the MEP, the state and airports should be free to choose their preferred technology (the scanners will not be mandatory), "but we remove from the list those that use X-ray transmission imaging". Among the criteria the MEP would like to see applied are: the viewing of images by persons of the same sex as the passenger and a ban on registering the images and their automatic destruction once the security screening is completed.

The deadline for tabling amendments to the draft report is 21 March. Amendments will be examined in committee in April and the report adopted in May. The debate and vote in plenary are set for June.

What about liquids?

The report also argues that the partial ban on liquids, aerosols and gels in passengers' carry-on baggage should not be prolonged. Under existing legislation, from 29 April 2011 - in a little more than a month - passengers in transit in the EU will be able to keep in their carry-on baggage, in certain conditions, liquids bought at a third-country airport or aboard non-EU aircraft. On 29 April 2013, all bans on liquids will have to be waived in the EU and airports will have to be equipped with devices that detect explosive liquids.

The Association of European Airlines (AEA) would like to see the deadline of 29 April 2011 postponed, arguing that the technology to be used on duty-free purchases is not ready (see Europolitics 4125). However, the draft report by de Grandes Pascual "reiterates and upholds" Parliament's determination to end the ban, "if the technical effectiveness of the tools provided for the purpose of preserving security is confirmed". During the debate, the rapporteur referred to tests carried out within the European Civil Aviation Conference (ECAC), saying "there is technology capable of detecting liquid explosives". According to the ECAC site, 17 liquid explosive detection systems have been tested positively as of 14 March 2011 (www.ecac-ceac.org//activites/surete/processus_commun_evaluation). Some of these systems require the opening of containers while others do not. All require removing the containers from the carry-on luggage.

By Isabelle Smets

(EU) EU/JHA: Data protection - Viviane Reding's four pillars

Brussels, 17/03/2011 (Agence Europe) - Speaking at a conference on privacy at the European Parliament on Wednesday 16 March, Viviane Reding, the European fundamental rights commissioner, unveiled her legislative aspirations for the protection of personal data to update the 1995 directive currently in effect. The Commission, she pointed out, would work according to “four pillars”: - “the right to be forgotten” allowing people to delete online data regarding them; - greater transparency on the part of companies that use data; - the setting in place of confidentiality parameters to ensure that only data authorised by the owners will be used; - and ensuring that all companies operating in the EU follow European data protection rules. This last pillar therefore concerns foreign research engines operating in the EU, such as Google or Facebook.

“I am a firm believer in the necessity of enhancing individuals' control over their own data”, Reding stressed, saying: “When modernising the legislation, I want to explicitly clarify that people shall have the right - and not only the 'possibility' - to withdraw their consent to data processing”. The commissioner took the view that: “The burden of proof should be on data controllers - those who process your personal data. They must prove that they need to keep the data rather than individuals having to prove that collecting their data is not necessary”. Furthermore, when data is used for purposes other than those for which a person initially gave his/her consent or authorisation, the owner of the data should give his/her further explicit consent to authorise use of the data. Finally, Reding said, these standards should apply independently of the region of the world where data is processed. For example, “a US-based social network company that has millions of active users in Europe needs to comply with EU rules”. (S.P./transl.jl)

(EU) EU/JHA: TFTP/SWIFT - Commission rejects EP criticism

Brussels, 17/03/2011 (Agence Europe) - The Commission does not share the Parliament's view on implementation of the EU/US TFTP (Terrorist Finance Tracking Programme) agreement allowing Americans to gain access to banking data of Europeans in order to combat terrorism.

On Wednesday 16 March, during a debate on civil liberties, MEPs had expressed great concern regarding implementation of the agreement, saying they had been “betrayed”, especially regarding data protection, which is one of the conditions they had set for validating the agreement, and also regarding Europol's way of ensuring protection.

In line with the Europol internal report published 5 March, MEPs mainly deplored the fact that the 4 requests for data transmission addressed by the US to Europol had been based on insufficient grounds, not allowing Europol to verify compliance with the agreement, said Isabel Cruz, who presides over the Europol joint control authority, ACC, responsible for oversight of data protection. This information was communicated orally by the US authorities that convinced Europol to forward the data, Cruz said, without the content of the information being known.

This statement of fact and criticism of Europol has been refuted by the Commission, which published its assessment on Thursday 17 March. In a press release, Commissioner Cecilia Malmström said she felt that all relevant elements of the agreement had been implemented in line with the provisions, including on data protection. Also, the positive report confirms that Europol has set the necessary procedures in place in a professional manner and in line with the agreement.

Paradoxically, however, the Commission does take up a number of criticisms. It considers that the way the US authorities make their requests could be improved, noting that “oral briefings” are insufficient. It therefore calls on them to provide more detailed written requests and more targeted written justifications. The Commission also recommends increasing the programme's transparency and strengthening Europol verification procedures so that US requests are based on verifiable fact. (S.P./transl.jl)

EU/US/FIGHT AGAINST TERRORISM : CONTROVERSY OVER IMPLEMENTATION OF SWIFT AGREEMENT

The contrast between MEPs and the European Commission is striking. On the one hand, members of the EP, upon reading the report by Europol's Joint Supervisory Body (JSB), feel "betrayed" by improper implementation of the EU-US agreement on the US Terrorist Finance Tracking Programme (TFTP), which they approved in July 2010. On the other, Internal Security Commissioner Cecilia Malmström welcomed, on 17 March, the report by her staff finding that "all the relevant elements of the agreement have been implemented in accordance with its provisions, including the data protection provisions," six months after the agreement was hammered out at great pains.

Who can be believed? According to the Commission, its report also includes criticisms, particularly on oral contacts between the US Treasury seeking European interbank data from the private firm SWIFT (1) and Europol, the European police coordination body based in The Hague, charged with checking that the US Treasury's requests meet the agreement's requirements. The Commission "was informed of the conclusions of the JSB report," which complained of oral contacts preventing Europol from performing its supervision task. The EU executive is cautious and recognises that "it is of the view that it should be possible" for the US authorities "to furnish more detailed and targeted justifications" ahead of data transfers. This should be "in writing in order to enable Europol to carry out its duties more effectively". It also recommends more "feedback" on the added value of the agreement in terms of its counter-terrorism impact.

This is not likely to assuage angry MEPs. Meeting on 16 March in the Committee on Civil Liberties (LIBE), they were extremely critical of implementation of the agreement that received their historic first veto in the wake of the Lisbon Treaty. Isabel Cruz, president of the JSB, was present. According to her report, the four requests - made so far by the US - "are practically identical in nature - in abstract terms - and request broad types of data, also involving EU member states' data".

"Members of Parliament feel betrayed," declared German Liberal Alexander Alvaro, ex-rapporteur on the agreement. "This is about trust and confidence of the public in what the EU did and is capable of doing here." "This should be kept in mind when they want our approval for other agreements," observed his Dutch colleague, Sophia in't Veld, rapporteur for another bilateral agreement with the EU to which the United States attaches great importance: the transfer of passenger name records (PNRs).

FOX AND THE CHICKEN COOP

All the main groups agree: the problem is Europol. Even the EPP Conservatives went on the attack. "Somehow I am not surprised," said Simon Busuttil (Malta), pointing out that "at the time of the negotiations last year, we were not satisfied with having Europol control it. We wanted additional safeguards". He added that "the agreement is not satisfactory" because it involves the transfer of "bulk data".

For Greek Socialist Stavros Lambrinidis, the fact that the agency has only 48 hours to respond to requests would only make sense if they are "super-duper," which does not always seem to be the case. Giving this task to Europol is like "putting the fox in charge of the chicken coop," said British Liberal Sarah Ludford.

A dissonant voice was that of British Eurosceptic Timothy Kirkhope: "We are hitting the wrong target her. This agreement is essential for the fight against terrorism". In his view, "what has been said [in the JSB report] is far too vague".

Green and radical left MEPs mentioned the possibility of an action before the EU court.

The report is available at www.europolitics.info > Search = 290347

By Nathalie Vandystadt

(1) Based near Brussels, it manages the interbank data of some 8, 000 banks and financial institutions worldwide

(EU) EU/TRANSPORT: Denmark, United Kingdom and Ireland stick to opt-out on cross-border prosecution of traffic offences

Brussels, 17/03/2011 (Agence Europe) - Going back on the position that they had expressed last year, Denmark, the United Kingdom and Ireland have decided not, for now, to participate in the European system for facilitating the prosecution of non-resident drivers having committed traffic offences. They may join in at a later date, however, on a basis of notification (United Kingdom and Ireland) or an international agreement sealed on this in the case of Denmark. A common position on the draft directive aimed at establishing the basis for cooperation was formally adopted without debate by the Council on Thursday 17 March on the basis of a first-reading compromise negotiated between member states last December (see EUROPE 10296).

The text allows a member state in which infringement has been committed with a vehicle registered in another member state to identify the owner of the vehicle as well as determine who is personally responsible, so that sanctions may be enforced. Eight infringements are covered at this stage, namely: speeding, non-use of a seat belt, failing to stop at a red light, driving under the influence of alcohol or drugs, failing to wear a safety helmet, use of a forbidden lane such as emergency or public transport lanes, and illegally using a mobile phone while driving.

The compromise, which was negotiated in December, has however - to the European Commission's great displeasure - amended the legal basis of the initial proposal, transferring it from cooperation in transport (Article 91 of the TFEU) to police cooperation (Article 87 of the TFEU), which allows the three above-mentioned member states to benefit from “opt-out”. In a joint declaration when adopting the text, the Commission notified that Article 87 is not an appropriate legal basis, while reserving itself the right to use every legal means at its disposal. In another statement, Germany wished to clarify the procedure for identifying the person responsible for the traffic offence. It is the opinion of the German delegation that the data forwarded regarding the vehicle owner may only be used for identifying the driver of the vehicle. However, Austria, France, Italy, Portugal and the Czech Republic said in a joint statement that all measures under their national legislations could be taken for identifying the person responsible for the offence. The common position will now be forwarded to the European Parliament for a second reading. (A.By./transl.jl)

(EU) EU/FRAUD: Commission proposes reform of anti-fraud office

Brussels, 17/03/2011 (Agence Europe) - On Thursday 17 March, the European Commission adopted a proposal to reform the EU's Anti-Fraud Office, OLAF. Since it was set up in 1999, OLAF has carried out around 4,500 investigations and has contributed greatly to protecting the EU budget against fraudulent activity. Improvements are nonetheless needed to assist OLAF in performing to its full potential.

An important aspect of this proposal lies in the strengthening of the procedural guarantees (i.e. respect of fundamental rights) for any person under investigation by OLAF. All persons must be made aware of their rights when they are under investigation. These include the right for the person to have a summary of the issue under investigation and to make their views known before conclusions are drawn up, the right to be assisted by a person of his/her choice and the right to use the EU official language of their choice. There will also be a process of review in place for when procedural rights may have been violated. The Supervisory Committee will continue to monitor OLAF's activities, ensuring that its investigations are carried out in full independence and in line with the rules and procedures laid down.

Efficiency. Certain member states do not provide sufficient judicial follow-up on OLAF investigations. The Commission seeks to redress this problem by intensifying cooperation between OLAF and member state authorities and providing for greater information exchange on cases and the related prosecutions. Each member state is asked to designate a contact point, which would facilitate the cooperation of national authorities with OLAF. In addition, member states should report, upon request, on the measures they have taken in response to OLAF's case reports.

To make OLAF more efficient in its own work, the Commission has proposed that if an investigation is not completed within 12 months, the Office should inform the Supervisory Committee of why it needs an extension of this deadline.

OLAF's director general will continue to be ultimately responsible for deciding which investigations OLAF carries out. However, the Commission proposes that an internal body should be established within OLAF, to help with these decisions. In order to ensure optimal use of OLAF's resources, the proposal clarifies the de minimis rule for deciding on investigations.

Cooperation. The Commission underlines the need to maintain full independence for OLAF in its investigations. At the same time, there needs to be close cooperation and information exchange between the Anti-Fraud Office and the EU institutions, in order to ensure the best possible protection of the EU's financial interests. A flexible procedure for the exchange of views between OLAF and the European Commission, Parliament and Council is laid down. The aim is to allow the institutions to discuss OLAF's strategic priorities, and give their opinions on the effectiveness of the work being carried out by the Office.

The Commission is proposing that OLAF should be mandated to conclude administrative arrangements with competent staff in third countries, in coordination with the European External Action Service and the relevant Commission staff. Cooperation with the European Police Office (Europol) and the EU's judicial cooperation unit (Eurojust) is equally important and should be reinforced. The Commission also proposes giving OLAF the mandate to conclude administrative arrangements with these two organisations. (L.C./transl.fl)

(EU) EP/JHA: Criminal proceedings: Parliamentarians fashion their position

Brussels, 21/03/2011 (Agence Europe) - On Thursday 17 March, the European Parliament (EP) justice and civil liberties committee adopted its position on one of the European Commission's flagship proposals on the rights of suspects in criminal proceedings - the so-called “letter of rights” which will give anyone suspected or accused of having committed a crime information on his or her procedural rights in an easy-to-understand language.

To this right, MEPs added the right of access to medical care and the right to contact close family or friends, a press release from the committee says. Over 8 million criminal trials take place in the EU every year. In some member states, suspects receive only oral information about their procedural rights, while, in others, information is provided in writing, but is technical, complex and provided only on request, the committee says. The proposed law would ensure that police and prosecutors provide suspects with basic information about their rights, such as the right to consult a lawyer (the Commission is due to bring forward a proposal on this in May) or to have interpretation and translation if needed, the last chapter upon which political agreement has already been reached.

MEPs also insisted that those suspected or accused of a crime or his/her lawyer should have access to evidence in the case that is relevant for determining the lawfulness of the arrest or detention. This material may be refused only “exceptionally”, such as a threat to the security of a member state, on the basis of a “reasoned decision by a competent judicial authority”. MEPs added that this letter of rights should apply to suspected and accused persons on EU territory “regardless of their legal status, citizenship or nationality”. Negotiations on an agreement with the Council will begin before the end of the month, the committee says. The Council has some reservations as to whether or not the letter of rights should be binding in nature. (S.P./transl.rt)

(EU) EU/JHA: Romania must step up fight against corruption

Brussels, 15/03/2011 (Agence Europe) - On Tuesday 15 March, in a report showing mixed results, the Council of Europe's Group of States against Corruption (GRECO) called on Romania to improve its anti-corruption legislation. The report notes improvements in a number of areas such as the setting in place of a comprehensive legal framework (Law No 78/2000), but also underlines weaknesses and the possibility of evading prosecution by a number of those involved in acts of corruption.

GRECO experts above all express concern at the existing arrangements regarding “effective regret”, which allow a person guilty of corruption, such as bribery, to escape justice if he/she denounces the corrupted party or affirms he/she was under constraint by the latter. Thus “effective regret” is a “source of concern given the limited safeguards in place to prevent their abuse by bribe-givers”, the report states.

As for the financing of the activity of political parties and election campaigns, GRECO welcomes what it calls a “quality” law but “some important loopholes hamper the effectiveness of these measures. For instance, all donations up to €420 fall outside the scope of the regulations; in-kind donations, loans and movements of assets within political parties need to be more clearly regulated”, the report reads.

Supervision of party and campaign financing is under the joint responsibility of the Permanent Electoral Authority (PRA) and the Romanian Court of Accounts. However, “these arrangements and the way responsibilities are distributed are not satisfactory”, and “maximum penalties for infringements of the rules are not adequate”, GRECO points out.

The latter is more generally concerned about the current climate in Romania. It comments that it is apparently no longer possible today to adopt an anti-corruption legislation that is as ambitious as the Law No 78/2000. The authorities in charge of combating corruption must currently act to safeguard their legal means of action and their ability to deal with matters involving members of the economic and political elite, GRECO notes, recommending that Romania resolve these difficulties by 2012. (S.P./transl.jl)

JUSTICE : IS EUROPEAN ARREST WARRANT OVERUSED?

The Council of Europe (an intergovernmental organisation with 47 member states) echoed, on 15 March in Strasbourg, criticisms of overuse of the European arrest warrant (EAW), the fast-track extradition scheme' for surrender of a person from one EU member state to another. The warrant was created in 2002 to enhance the fight against cross-border crime.

"The request made by Sweden to the United Kingdom for the surrender of the founder of Wikileaks, Julian Assange, put the European arrest warrant in the spotlight," explained Thomas Hammarberg, the Council of Europe's human rights commissioner. He relayed criticisms by NGOs that "the EAW has been used in cases for which it was not intended, sometimes with harsh consequences on the lives of the persons concerned". He therefore urges the EU to "reform a system that affects thousands of persons every year".

Fair Trials International, a London-based NGO specialised in legal affairs, has documented several cases in which human rights violations have resulted. Some are now before the European Court of Human Rights in Strasbourg. The main problems are: the absence of an effective remedy against the decision to extradite an individual under the EAW; the considerable lapse of time between the date of the alleged offence and the issuing of the EAW; and the impossibility for individuals in some countries to have an EAW against them annulled, even when their innocence has been established or a member state has decided not to surrender them.

COMMISSION REPORT

"The problems appear to have worsened with the increase in the number of EAWs. There is now an average of more than 1,000 per month, the overwhelming majority of which relate to minor crimes," adds Commissioner Hammarberg. Sometimes problems are linked to the way evidence is obtained or investigations are conducted in the requesting state. He gave the example of a European arrest warrant issued against a British student one year after he returned from a holiday in Greece. The student learned that he was wanted for murder in Greece on the basis of testimony allegedly obtained through police interrogation tainted by brutality. In July 2009, the United Kingdom surrendered the young man to Greece, where he was detained before being released on bail. Sometimes a person can be sent to a country where they have to serve a prison sentence resulting from an unfair trial.

"There is a need to strengthen the human rights safeguards in EAW procedures," argues Hammarberg. In this context, he welcomes the recent adoption of the directive on the right to interpretation and translation in criminal proceedings.

The European Commission will publish a report, in early April, on implementation of the EAW in the 27 member states. It is not considering a revision at this stage, however.

By Nathalie Vandystadt

(EU) EU/OMBUDSMAN: Greater transparency on investigations

Brussels, 15/03/2011 (Agence Europe) - European Ombudsman Nikiforos Diamandouros announced on Tuesday 15 March that he had started to publish information on line about the inquiries he opens. The subject matter of the complaint, as well as the complainant's allegations and claims will be published on the Ombudsman's website - www.ombudsman.europa.eu.en/cases/casesopened.faces - usually one week after the Ombudsman asks the institution concerned for information.

One of the first cases to which the new policy applies is a complaint by an Irish environmental consultancy, which alleges that the European Commission failed to inform it about the status of its infringement complaints against the Irish authorities. The Ombudsman has asked the Commission to submit its opinion by 31 May 2011. The complainant will then have the opportunity to comment before the Ombudsman decides on the next step.

On average, the Ombudsman receives 3,000 complaints per year, of which around 700 are within his mandate. (L.C./transl.rt)

(EU) EU/JHA: Schengen, Luxembourg supports accession of Romania and Bulgaria

Brussels, 16/03/2011 (Agence Europe) - Luxembourg supports the accession of Romania and Bulgaria to the Schengen zone in the next few months, Luxembourg's head of diplomacy, Jean Asselborn, said in Bucharest on Tuesday, quoted by AFP, and the country “will do everything possible so that Bulgaria and Romania become Schengen members in the next months”, he said in a joint press statement with his Romanian counterpart Teodor Baconschi.

“Romania proves every day that it knows the Schengen system workings, and de facto is already part of it”, he said, going on to imply that some member states put national concerns before European policies. “We will give you our strongest support to ensure that in just a few months, this will be a bad memory and you will be members of the Schengen zone”, said Asselborn, adding that in the EU, “there are no countries with greater advantages, others with disadvantages; we're all on the same line”.

Bucharest and Sofia were initially supposed to join the Schengen free-movement area at the end of March, but France and Germany, supported by other member states, decided to take account of the political aspects of legal reform and the fight against corruption in order to give their blessing to this Schengen enlargement, a dossier which requires the unanimity of the member countries of the zone.

At this stage, a new mission will visit Bulgaria on or around 22 March to assess the last technical aspect over which Sofia has not come up to scratch: border management. It is on the basis of the results of this assessment that the Hungarian Presidency will decide - or not - to reschedule a decision on Bulgaria and Romania joining Schengen before the end of Hungary's six-month presidency. (S.P./transl.fl)

(EU) EU/JHA: Property rights: Commission proposes greater legal clarity

Brussels, 16/03/2011 (Agence Europe) - On Wednesday 16 March, the European Commission presented two proposed regulations aiming to facilitate legal proceedings in cross-border matrimonial and patrimonial property cases. The first regulation concerns European or international married couples (matrimonial regime) with a property in a country of the EU other than their country of origin (the proposals do not apply to properties situated outside the EU); the second concerns couples registered or recognised in the EU (patrimonial regime), a system which exists in just 14 member states, such as the French PACS regime.

If they are adopted, the two proposed regulations will make it possible to determine which legislation applies to the patrimonial rights of these couples and the competent jurisdiction, the Commission explains, and will lay down the rules for the recognition and execution of justice decisions on the property of the couples concerned throughout all member states of the Union, via a single procedure. The Commission is moving forward with the slogan “one case, one court” to speed up decisions. There are around 16 million international couples in the EU and nearly 650,000 of them experience problems with their overseas property every year.

The proposals will also allowed married international couples to choose the law applicable to their common property in the event of death or divorce; for recognised and registered partnerships, the law of the country where this union was registered will apply. In such cases, the regulation will enhance the legal security of these partnerships. The two regulations also provide a hierarchy of “objective connecting factors” - for all couples - to determine the competent jurisdiction and applicable law, such as the usual residence of the couple or nationality. They will also simplify the procedure for the recognition of court rulings, decisions and acts throughout the EU.

The Commission believes that these proposals will make a direct contribution to making life easier for the couples in question, by removing administrative obstacles and additional costs. According to the Commission, couples will be able to save an average of €2,000 to €3,000 per case, for example, by allowing them to combine several legal actions into a single court proceedings. The regulations come in the framework of 25 proposals put forward in October last year to remove obstacles to European citizenship and also constitute an extension of what the EU has set in place to facilitate divorce procedures between binational couples, using the “enhanced cooperation” mechanism between the interested countries.

The regulations will now be put before the justice ministers on 12 April. Unanimity is required. However, the Commission's proposals already have the support of the Notaries of Europe. The organisation says that it “agrees with” the two regulations and supports “ambitious” proposals. (S.P./transl.fl)

(EU) EP/WOMEN: Directive to tackle violence against women

Brussels, 16/03/2011 (Agence Europe) - A criminal law instrument in the form of an EU directive against gender-based violence should be put in place. Rape and other sexual violence against women should be recognised as a crime throughout the EU. Perpetrators should be prosecuted automatically. All reference to cultural, traditional or religious practices, including so-called “honour crimes” and female genital mutilation, as mitigating factors should be rejected. These are the main calls from the European Parliament (EP) women's rights and gender equality committee on Tuesday 15 March, as it adopted the report by Eva-Britt Svensson (GUE/NGL, Sweden) by 27 votes to none, with 2 abstentions.

The EP committee calls on member states to: - recognise rape and sexual violence against women as a crime, particularly within marriage and intimate informal relationships and/or where committed by male relatives; - consider stalking as a form of violence against women and treat it by means of a common legal framework in all member states; - develop age-appropriate psychosocial counselling to help child witnesses of all forms of violence to cope with their traumatic experiences; - provide at least one shelter per 10,000 people victims of gender-based violence.

To prevent exploitation, the EU and its member states should establish laws guaranteeing immigrant women the right to hold their own passports and residence permits. It should be made possible to hold a person criminally responsible for taking these documents away.

Context. Of all women in Europe 20-25% have experienced physical acts of violence at least once during their adult lives. More than one-tenth have suffered sexual violence involving the use of force.

Women do not have equal protection against male violence across the EU, because the relevant national laws and policies differ from one member state to the next. In several member states, violence by men against women in the form of rape is not treated as a state offence and does not result in automatic prosecution. (G.B./transl.rt)

PARLIAMENT : THREE MEPS ACCUSED OF ACCEPTING BRIBES TO AMEND EU LAW

Three MEPs - all former national ministers (see box) - have been accused of accepting bribes in exchange for tabling amendments to EU draft legislation. These allegations, unveiled in the Sunday Times on 20 March, have led to the opening of an internal EP investigation. Two of the MEPs targeted by the corruption claims have already resigned: Ernst Strasser, former EPP member from Austria, on 20 March, and Zoran Thaler (ex-S&D, Slovenia), the day after. The future of Adrian Severin (Romania) as an MEP remains in the balance as was allowed to meet with S&D leader Martin Schulz (Germany) late on 21 March to explain his "side of the story".

Posing as representatives of a lobbying firm and later as a Russian investment company, Sunday Times reporters contacted over 60 MEPs asking them if they would be interested in a paid role as an advisor. Initially, 14 MEPs expressed an interest and met the undercover reporters. Of them, only Severin, Strasser and Thaler accepted to become advisors, explicitly agreeing to help amend EU laws for the client. The yearly fee they agreed to receive was €100,000. On top of this, Severin allegedly demanded €4,000 per day in consulting fees for work on a specific amendment.

The unanimous reaction from the Parliament was to condemn the MEPs if the allegations were found to be correct. Schulz described them as "extremely serious" and said that "to work as a consultant, using one's public image as a member of the Parliament, is not compatible with the values of the Socialists and Democrats group". EPP Chair Joseph Daul (France) declared that "any immoral or unethical conduct can not be tolerated". Diana Wallis (ALDE, UK), the Parliament's vice-president for transparency, reacted on Twitter, on 20 March, saying the allegations would be "robustly investigated".. The EP's Bureau will be in charge of leading an investigation that will give rise to an internal report. The EU's Anti-Fraud Office (OLAF), for its part, has indicated it is evaluating the information. It remains to be seen whether it will launch an investigation.

Severin still claims his innocence. "I didn't do anything that was, let's say, illegal or against any normal behaviour we have here," Severin was quoted as telling the Sunday Times. He was unavailable for comment at the time Europolitics went to press, on 21 March. According to the EP's rules of procedure, Euro MPs are allowed to have other professional activities so long as they are declared and do not compromise their independence. The rules also state that MEPs are to declare any support, financial or otherwise, from third parties and that they should "refrain from accepting any other gift or benefit in the performance of their duties".

CALL FOR TIGHTER RULES

This corruption scandal begs the question of what is acceptable for an MEP to do aside from his parliamentary work and possible conflicts of interest arising thereof. "This scandal was an accident waiting to happen," said Andy Rowell, speaking for the Alliance for Lobbying Transparency and Ethics Regulation (ALTER EU). "The politicians in Brussels - who are responsible for making the laws - enjoy far too cosy a relationship with industry lobbyists. This scandal could be merely the tip of the iceberg. Rules on ethics and conflicts of interests are simply too weak". Dennis de Jong (GUE, Netherlands) reacted to the allegations saying it is "important to strengthen the code of conduct to prevent similar incidents happening in future".

Caught in scandal

Adrian Severin was a former foreign affairs minister in Romania and a member of the centre-left Partidul Social Democrat. He was touted by S&D sources to be a possible contender for leadership of the group after Schulz

Ernst Strasser is member of the centre-right Österreichische Volkspartei and former Austrian interior minister. He has known ties with investment companies, having worked for one previously

Zoran Thaler is a member of the centre-left Socialni demokrati party of Slovenia and former foreign affairs minister

By Gaspard Sebag

(EU) EP/JHA: Three Parliamentarians suspected of corruption

Brussels, 21/03/2011 (Agence Europe) - Then European Parliament (EP) announced on Sunday 20 March that an investigation was being opened into claims of corruption made by the British newspaper The Sunday Times against three MEPs, one of whom, Austrian Conservative Ernst Strasser (EPP), has already announced his resignation. The other two are former Romanian deputy prime minister Adrian Severin and former Slovenian foreign minister Zoran Thalen, both members of the S&D Group in the EP.

The affair was revealed after Sunday Times journalists, posing as lobbyists, offered the MEPs €100,000 per year to table amendments. The three agreed to the deal. According to the paper Severin even sent the journalists/fake lobbyists an email confirming that he had tabled the amendment they had asked for and shortly afterwards submitted an invoice for €12,000 for advisory services.

“These are grave allegations being made by The Sunday Times and the European Parliament takes them seriously”, EP spokesman Jaume Duch told AFP, stating that the EP “has just opened an investigation into these claims so that the facts can be established”. The information “in the possession of The Sunday Times is presently being sent to the Parliament for careful examination”, Duch went on. In a press release, S&D leader in the EP Martin Schulz said he had called on his two group members to meet him as quickly as possible. He described the allegations as “extremely serious” and said he would take appropriate and necessary measures if they were confirmed. In a press release issued on Monday, EPP Group leader Martin Daul also “severely condemned the behaviour of MEPs accused of accepting money in exchange for the tabling of legislative amendments”. He took “note of the resignation of Mr Strasser, who has given up all his political posts. I hope that if the facts reported are proven, the two Socialist MEPs involved will do the same without delay”, he went on. (S.P./transl.rt)