LIBE NEWSLETTER - ISSUE 17 - 1 APRIL 2016 1

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LIBE Newsletter

Issue 1

23 July 2014

Committee on Civil Liberties, Justice and Home Affairs IN THIS ISSUE

Words by the Chair I would like to pay tribute to the victims and their families following the terrible events that took place in Brussels on the 22 March. Following the attacks, we must be united in our efforts to tackle the root causes of terrorism including radicalisation. This means that the LIBE committee of the European Parliament, which is heavily involved in both legislative and advisory measures, will add ever greater urgency to its work. The European Parliament plays a strong role in the EU’s security and anti-terrorism agenda. We will

ensure that the Parliament does its job effectively in key areas such as the adoption of the PNR Directive, the start of negotiations on the Terrorism Directive, ECRIS, the amendment of the Schengen border code, our part in the proposal of a review in the Firearms Directive and further measures on terrorism financing within the Money Laundering Directive.

This month, the LIBE committee furthered its work on migration by adopting a report on the situation in the Mediterranean setting out recommendations for a holistic EU approach. The strategic report assesses policies and develops recommendations in eight areas, including solidarity and the fair sharing of responsibility, tackling criminal smuggling, trafficking and the labour exploitation of irregular migrants, border management and visa policy, and developing safe and legal routes for asylum seekers and refugees into the EU. The committee has also advanced work concerning legislative files.This month members held a joint debate with the Commission and the Dutch Presidency on the new border and coast guard package. Additionaly, this month the Commission announced proposals to use emergency humanitarian funds to support Member States in response to the refugee crisis. This is a welcome initiative, particularly in light of the increasing numbers of asylum-seekers that have been stuck in Greece as a result of border closures along the "west-Balkan route". These funds will provide much need support in addressing humanitarian challenges. Following the Commission's announcements, the LIBE and DEVE committee held a joint debate on the new fund for humanitarian aid to address the refugee crisis. The meeting enabled MEPs to question Commissioner Stylianides on the detail of the proposal to provide faster means of support to EU countries facing major humanitarian crises, particularly in terms of its financing and implementation. Earlier this month, the LIBE committee held an exchange of views with the Commission on the EU-US agreement on the protection of personal data when transferred and processed for law enforcement purposes (EU-US "umbrella agreement"). This offered a great opportunity for members to put forward key questions concerning the agreement, particularly with regards to data protection guarantees offered by the agreement and whether they fulfil the requirements of EU law. The LIBE committee is also currently scrutinising the recently agreed EU-US Privacy Shield, on which the European Commission has recently published an adequacy decision. The committee discussed the decision and whether the pact provides adequate privacy protection with key experts in a public hearing held on 17 March. The committee will continue to scrutinise both agreements to address concerns and ensure that fundamental rights and privacy are upheld.

Claude MORAES

Highlight of the month LIBE hearing on "The new EU-US Privacy Shield for commercial transfers of EU personal data to the US".

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Highlights of the last LIBE meetings Learn what was discussed on 29 February, 16- 17 and 21 March.

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Upcoming LIBE hearings Read more on the upcoming public hearings.

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Upcoming LIBE meeting See an overview on the agenda of 7 April.

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Joint hearing Read more on the Joint public hearings.

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Latest news from JHA agencies Find the latest information concerning their work.

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European Council and Council of the EU activities in the field of JHA See what was discussed during their last meetings.

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Council of Europe and US Congress activities in JHA field Get to know more about their latest news.

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A chat with... Helga Stevens (ECR)

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LIBE Newsletter

Fundamental Rights Citizenship

Justice

Police/Security Borders/Visas

Data Protection

Immigration Asylum

Cyber Security

Police Cooperation

Schengen

Freedom of movement Money Laundering

Passenger Name Records

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On 6 October 2015, the European Court of Justice declared invalid the Commission Decision of 26 July 2000 on the adequacy of the US Safe Harbour put in place by the US Department of Commerce, on the grounds that it failed to ensure the adequate level of protection of data subjects required by Article 25(6) of Directive 95/46/EC read in the light of Articles 7, 8 and 47 of the Charter of Fundamental Rights of the European Union. The Court ruled that "even though the means to which that [a] third country has recourse, ... [they]must nevertheless prove, in practice, effective in order to ensure protection essentially equivalent to that guaranteed within the European Union". The Court found that, in particular, as regards the "national security", the Commission had not demonstrated the existence of appropriate limitations, safeguards and legal remedies with regard to the fundamental rights of individuals. It also found that the Commission Decision limited the powers of intervention of the Data Protection Authorities in a manner incompatible with Directive 95/46/EC read in the light of the Charter.

After two years of negotiations, the European Commission and the U.S Department of Commerce reached on 2 February 2016 a political agreement on a "New framework for transatlantic exchanges of personal data for commercial purposes: the EU-US Privacy Shield" which seeks to replace the previous US Safe Harbour. On 29 February 2016 the Commission published a Communication2, a draft "adequacy decision" of the Commission and the texts that will constitute the EU-US Privacy Shield.

The LIBE Committee decided to organise a high-level hearing on 17 March with the participation of the EU-US negotiators,

the data protection authorities and representatives of private entities, organisations and scholars.

The EU and US negotiators presented the arrangement as an overhaul of the repealed Safe Harbour. They declared that improvements have been introduced to facilitate complaints by individuals and also several exchanges of letters explaining how derogations for national security purposes is carried out. US authorities admit that bulk collection can still take place under specific cases. The Privacy Shield does not entail a change of US law. The Data Protection Authorities (both the Chair of the WP29 and the EDPS) stressed that they are currently considering the Shield to issue their respective opinions required by EU data protection law. Their analysis will consider the privacy shield principles, their legal value, to what extent they are binding, their stability against political changes, the effectiveness of oversight and redress mechanisms, and clarity on derogations. They suggested that the assessment of the adequacy should be done in the light of the future Data Protection Regulation rather than on the basis of current Directive 95/46/EC. They also commented on the "ombudsperson" of the US Department of State for complaints on "national security matters". They also stressed that the Shield does not have sufficient rules on data retention. The final panel was an exchange of views of stakeholders which presented different opinions; while the industry representatives were supportive of the deal as providing certainty for transfers, consumers associations, an US law professor. Mr Schrems and the representatives of BEUC were sceptical on the legal validity of the arrangement and on its adequate level of protection. The Commission intends to adopt a decision declaring the adequate level of protection of this arrangement, after having consulted the Article 29 Working Party, the European Data Protection Supervisor and obtained the Opinion of the Committee established by Article 31 of Directive 95/46/EC. For the programme and background documents, please follow this link.

Highlight of the month:

LIBE hearing on "The new EU-US Privacy Shield for commercial transfers of EU personal data to the US",

17 March 2016

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29 February 2016, Brussels

Joint debate on the new border and coast guard package as presented by the Commission on 15 December 2015

Matthias Ruete, Director-General of DG HOME, presented the three proposal of the Commission presented in December last year comprising together the so-called borders package: the proposal for a European Border and Coast Guard, the modification of the Schengen Borders Code regarding the reinforcement of checks against relevant databases at external borders and the proposal regarding the European travel document for return.

For the European Border and Coast Guard Mr Ruete stressed the need to advance quickly. He underlined that the Commission with its proposal wishes to give the agency a greater role in crisis prevention mainly through the proposed vulnerability assessment. Regarding the proposed possibility for intervention even if this has not been requested by the Member State concerned Mr Ruete outlined that this would be a measure of last resort. He also mentioned that it is crucial that the agency has the necessary resources in terms of border guards and equipment for operations.

Members in the following debate touched upon a wide range of issues of the proposal. Matters raised included the aspect of search and rescue operations, fundamental rights, parliamentary control, the complaints mechanism, the exchange of information, the relation of the new proposal with the existing Schengen evaluation mechanism and the procedure foreseen under Article 26 of the Schengen Borders Code, and the procedure for the intervention of the agency under Article 18 of the proposal.

Regarding the reinforcement of checks against relevant database at external borders Mr Ruete explained also the imperative of a fast implementation in order to protect the EU against terrorist threats. Members consulted on a broad range of issues as the relationship between Non- Schengen Member States and this new proposal, the derogation period for systematic checks at air borders and the development of customized solutions for the efficient connection of the relevant databases as Eurodac, SIS, Prüm, PNR.

With view to the European travel document for the return of illegally staying third-country nationals he pointed out that this proposal complies with and builds upon the provisions of the Return Directive, which set the common standards and procedures for returning illegally staying third-country nationals. The European travel document for return should help to achieve the objectives set in the Agenda on Migration

to enhance the effectiveness of the EU system to return irregular migrants.

Items adopted during this meeting:

Oral questions to the Commission and the Council on the follow-up to the Resolution on the US Senate report on use of torture by the CIA

16-17 March 2016, Brussels

Control of the acquisition and possession of weapons

The LIBE Committee has been associated under Rule 54 with the Committee on the Internal Market and Consumer Protection (IMCO) regarding the Proposal for an amending Directive on control of the acquisition and possession of weapons. The rapporteur Ms. Bodil Valero (Greens/EFA) regrets that the Commission did not present an impact assessment in advance making it easier for the Parliament to take an informed position on the matter. In view of all considerations Ms. Valero proposed amendments particularly concerning the scope of the directive, the marking of essential components, the deactivation of firearms, the exchange of information between Member States, distance sales, suitability tests for license applicants and additional security measures. The deadline for amendments has been set on 5 April, 12.00.

Combating terrorism and replacing Council Framework Decision 2002/475/JHA on combating terrorism

The rapporteur, Ms Hohlmeier (EPP), on 17 March presented her draft report on the proposed Directive on "combating terrorism" (2015/0281(COD)). The proposal updates the EU legal framework in criminal justice with regards to combating terrorism in order to adapt it to the current terrorist threat in Europe, as well as to implement recent international obligations. The rapporteur is generally supportive of the proposal and introduced several amendments to strengthen it.

Report from the Commission to the European Parliament and the Council on Progress in Bulgaria and in Romania under the Co-operation and Verification mechanism

The Cooperation and Verification Mechanism (CVM) was set up at the accession of Bulgaria and Romania to the European Union in 2007. It was agreed that further work was needed in key areas to address shortcomings in judicial reform and the fight against corruption.

Highlights of the last LIBE meetings:

29 February, 16-17 and 21 March

The full agenda, the documents and the webstreaming of the meetings are available here.

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The European Commission adopted its last CVM reports on 27 January 2016. These reports have been presented by the European Commission during the LIBE Committee on 16 March. This presentation has been followed by an exchange of views with the Members.

The fight against trafficking in human beings in the EU's external relations

Ms Bodil Valero presented her draft opinion to the report on the fight against trafficking in human beings in the EU’s external relations currently being drafted by the DROI Committee. The opinion focuses on the need to fight more effectively THB and to protect victims.

The situation in Greece as regards migration and refugees

The Greek minister informed the Members of the LIBE committee about the present situation in Greece, including the unilateral closure of the borders by the Balkan neighbouring States, with as a result a number of 55.000 migrants trapped in the country. The Minister emphasised that the humanitarian crisis is a Union one and that Greece handled with responsibility but that no Member State was prepared for a crisis at this scale. He set out a number of measures taken by the Greek government to enhance the management of the refugee flow, and also reiterated the need for additional EU assistance, while emphasizing the decisive role of Turkey in solving the crisis. The measures taken were aimed at registering migrants and relocation of refugees arriving in Greece, while ensuring security and human rights and the rule of law. He ensured that Greece is in the meantime registering 98% of the migrants arriving in Greece and pointed out that Greece accepted responsibility for a considerable number of Syrian refugees. Furthermore, he referred to the situation at the closed Greek/FYROM border where refugees are stranded under very difficult circumstances. He condemned the unilateral decisions of some Member States. To manage the refugee flow within Greece, the Greek government has put in place a distribution plan and cooperates with local authorities. The plan foresees the transfer of refugees to different receptions centres over the country. Nevertheless, he welcomed the new emergency instrument within the European Union to assist Greece with a dignified hosting of the refugees in Idomeni and elsewhere.

In the subsequent discussion, nearly 20 Members took the floor. Many welcomed the explanations of the Minister and agreed with the need for constructive cooperation of all Member States to implement an integrated approach to migration as set out in the LIBE strategic own-initiative report that was adopted a few hours previous to the debate. Member raised several issues with the Minister, including the need to ensure dignified living conditions for refugees, in particular of vulnerable groups like unaccompanied minors and women travelling alone. They drew attention to the more practical aspects of reception and relocation in terms of tools, funding, and knowledgeable staff. In this respect, the need for a Union solution and for cooperation with EASO was highlighted. Several Members expressed their gratitude to the volunteers and humanitarian organisations for their

efforts in this emergency situation. Several Members questioned the agreement with Turkey as not in line with fundamental rights and international law.

Items adopted during this meeting:

Establishment of a touring visa and amendment to the Convention implementing the Schengen Agreement and Regulations (EC) No 562/2006 and (EC) No 767/2008– Adoption of draft report (Rap: Brice Hortefeux (PPE))

Union Code on Visas (recast) – Adoption of draft report (Rap: Juan Fernando López Aguilar (S&D))

The situation in the Mediterranean and the need for a holistic EU approach to migration – Adoption of draft report (Co-Rap: Roberta Metsola (PPE) & Kashetu Kyenge (S&D))

Public access to documents (Rule 116(7)) for the years 2014-2015 - Adoption of draft report (Rap: Laura Ferrara (EFDD)

Agreement on Strategic Cooperation between the Federative Republic of Brazil and Europol - Adoption of draft report (Rap: Claude Moraes (S&D)

Application of the Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation ("Employment Equality Directive") – Adoption of draft opinion (Rap: Helga Stevens (ECR))

21 March 2016, Brussels

The situation of the Schengen area

In the extraordinary LIBE Committee meeting on 21 March Members held a debate on the situation of the Schengen area during which the Commission presented the Communication "Back to Schengen - A Roadmap" (COM(2016)0120). In this Communication the Commission sets out actions required in its view in order to restore the Schengen area without the controls at internal borders that have recently been introduced by several Member States.

Part of the Communication deals with the situation at the Greek external border which has been subject of a Schengen evaluation report adopted by the Commission on 2 February 2016, based on an unannounced on-site visits to the Greek-Turkish land border and to the islands of Chios and Samos conducted from 10 to 13 November 2015. As a result, the Council adopted on 12 February 2016 a set of 50 recommendations to Greece to remedy serious deficiencies in external border management and the Commission adopted on 24 February 2016 an implementing decision setting out recommendations on specific measures to be taken by Greece, as provided for in the Schengen Borders

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Code. Since the revision of the Schengen Evaluation Mechanism and the Schengen Borders Code as part of the Schengen Governance Package in 2013 Parliament receives the documents related to Schengen evaluations and the recommendations are publicly available. COUNCIL REGULATION (EU) No 1053/2013 of 7 October

2013 establishing an evaluation and monitoring mechanism to verify the application of the Schengen acquis and repealing the Decision of the Executive Committee of 16 September 1998 setting up a Standing Committee on the evaluation and implementation of Schengen

REGULATION (EC) No 562/2006 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code)

Report from the Commission to the European Parliament

and the Council on the availability and readiness of technology to identify a person on the basis of fingerprints held in the second generation Schengen Information System (SIS II)

The second generation Schengen Information System (SIS) entered into operations on 9 April 2013 and the SIS II Regulation and Decision became applicable. A new functionality is the storage of fingerprints in the central system. At present, fingerprints are used to confirm the identity of a person located as a result of a search, usually on name and date of birth. However the possibility to identify a person on the basis of his/her fingerprints requires the implementation of an Automatic Fingerprint Identification System (AFIS).

Articles 22 (c) of the SIS II Decision and the SIS II Regulation provide a legal basis for using AFIS. Before this functionality is implemented, the Commission must, however, present a report on the availability and readiness of the required technology, on which the European Parliament shall be consulted. The objective of this report is to address this requirement and to confirm that fingerprint identification technology is available and ready for its integration into SIS II. The LIBE Committee will prepare a resolution on this matter. The report of the Commission is based on the study

"Fingerprint identification technology for its implementation in the Schengen Information System II (SIS-II)" prepared by the Joint Research Centre.

Legal aid for suspects or accused persons deprived of

liberty and legal aid in European arrest warrant proceedings

The Rapporteur Denis De Jong (GUE/NGL) reported back to committee on the state of play of trilogue negotiations and an impact assessment on EP amendments on the scope of the instrument.

Upcoming Public hearing in April

Joint LIBE-SEDE Hearing on "Securing the External Borders of the EU – a challenge for External and Internal Security: Ongoing Action to combat criminal smuggling at the borders of the EU", 20 April

On 20 April 2016, 15.00-18.30, a joint hearing LIBE-SEDE will take place on Securing the External Borders of the EU – a challenge for External and Internal Security: Ongoing Action to combat criminal smuggling at the borders of the EU. Rear Admiral Enrico Credendino, Commander of EUNAVFOR Sofia, Representatives of Frontex, Europol , Eurojust and the External Action Service will be among the contributors. More info on this link.

Items adopted during this meeting:

Application of the Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation ("Employment Equality Directive") – Adoption of draft opinion (Rule 54) (Rap: Helga Stevens (ECR))

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Joint debate

Communication from the Commission to the European Parliament, the European Council and the Council: Next operational steps in EU-Turkey cooperation in the field of migration

Report from the Commission to the European Parliament and the Council EU-Turkey Joint Action Plan - Third implementation report

Report from the Commission to the European Parliament and the Council Second Report on progress by Turkey in fulfilling the requirements of its visa liberalisation roadmap

Commission staff working document Accompanying the document Second Report on progress by Turkey in fulfilling the requirements of its visa liberalisation roadmap – Presentation by the Commission

Mission to Turkey, 8 - 11 February 2016 – Presentation of a draft mission report

Provisional measures in the area of international protection for the benefit of Sweden in accordance with Article 9 of Council Decision (EU) 2015/1523 and Article 9 of Council Decision (EU) 2015/1601 establishing provisional measures in the area of international protection for the benefit of Italy and Greece – Consideration of draft report & Decision on deadline for tabling amendments

Exchange of information on third country nationals and European Criminal Records Information System (ECRIS) – Consideration of draft report & Decision on deadline for tabling amendments on 15th April 2016

Sale of citizenship in EU Member States and allegations of corruption in the issuing of Residence Permits and Visas from Member State consulates and embassies in third countries and the security implications for the EU – Exchange of views with the Commission on the assessment and follow-up to the situation in the Member States concerned

The internet and drug markets report – Presentation by Mr Alexis Goosdeel, Director of the EMCDDA and by Europol representative

An EU mechanism on Democracy, the Rule of Law and Fundamental Rights- Presentation Interim European Added Value Assessment and research papers

Presentation of the Interim European Added Value Assessment by DG EPRS

Presentation of the research paper by CEPS "Assessing the need and possibilities for the establishment of an EU Scoreboard on Democracy, the Rule of Law and Fundamental Rights" by Dr. Petra Bárd, Central European University, Budapest

Presentation of the research paper by MILIEU "On the establishment of an EU mechanism on democracy, the rule of law and fundamental rights" by Professor Laurent Pech, Middlesex University, London

Upcoming LIBE meeting:

Thursday 7 April 2016 (Brussels)

Find the list of available meeting documents here.

Items to be adopted during this meeting:

Draft Opinion (Rule 54) on "Implementation of the Directive 2011/36/EU of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims from a gender perspective" (Rap: Malin Björk (GUE/NGL))

Draft Report on "Public access to documents (Rule116(7) for the years 2014-2015" (Rap. Laura Ferrara (EFDD))

Motion for a resolution on "Follow-up to the Resolution on the US Senate report on use of torture by the CIA" (Rap. Claude Moraes (S&D))

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The EESC report on the refugee crisis and migration

The EESC report on the refugee crisis and migration, which was presented on 16 March, when the Committee made proposals for an EU migration strategy in debates on EU external policy and migration with the EU High Representative Federica Mogherini and Commissioner Dimitris Avramopoulos.

The EESC prepared a report on refugees and migration, based on 11 fact-finding country visits in EU member states (Austria, Bulgaria, Croatia, Germany, Greece, Hungary, Italy, Malta, Poland, Slovenia and Sweden). Their delegations met with 180+ authorities, NGOs, refugee centers and civil society organisations actively working with refugees and migrants.

The recommendations for regional, national and EU-level policies come directly from these meetings. On this link you can find the report and here you can find the detailed reports from each country visit.

Scholarships for Refugees Fundraising campaign by Odysseus

Academic Network

CROWDFUNDING CAMPAIGN

Donate to fund a scholarship for a

refugee student!

In the context of the current crisis, the Odysseus Network, coordinated by the Université libre de Bruxelles (ULB), wants to invite 20 students recently recognised as refugees in the EU to participate in its 16th Summer School on migration and asylum which will take place in Brussels from 4 to 15 July 2016.

They want to give refugee students the possibility to pursue their education and gain knowledge in EU immigration and asylum law and policy as well as to discover the capital of Europe and the European institutions.

Since the Summer School is self-financed, they are looking for support. The ULB will offer meals at the university canteen and the Josefa Foundation will accommodate 4 refugees. They will ask ULB staff and students to host refugees in their homes and they are also looking for private and public sponsors.

They are also launching a crowdfunding campaign. They need our support to cover the costs (transportation, daily expenses, and a portion of the tuition fees) which amounts to approximately €1,500 per student. Any amount is welcome, and those who donate 40€ will be invited to meet the refugee students during the Summer School.

DONATE

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On 15 March 2016, the Committee on Civil Liberties, Justice and Home Affairs, the Committee on Legal Affairs, the Committee on Constitutional Affairs and the Committee on Petitions in the European Parliament together with the European Commission co-organised a Public Hearing on "EU Citizenship in practice: our common values, rights and democratic participation". The aim of the hearing was to look at ways of simplifying and facilitating the exercise of EU

citizens' rights in their daily life, as well as to promote the common values and democratic participation with a view to contributing to the EU Citizenship report 2016.

The hearing was divided in four panels, in the first one, entitled "Effective exercise of Union Citizenship and free movement rights" the results of the public consultation on Union Citizenship rights were presented by Ms Marie-Helene Boulanger (DG Justice). The second presentation was about the preliminary findings from the study "Obstacles to the right of free movement and residence for European Union citizens and their families", jointly requested by LIBE and PETI.

The panel also included the interventions by Mr Steen Illeborg from Europeans Throughout the World, Ms Jo Shaw, Director of the Institute for Advanced Studies in the Humanities at the University of Edinburgh; Ms Laura Ferrara, LIBE Member, Rapporteur for the fundamental rights report 2013-2014 and Ms Winnie Sophie Füchtbauer, petitioner.

The second panel focused on the improvement of cross-border circulation of public documents and civil justice cooperation in family matters, with the intervention of Ms Aude Fiorini from the University of Dundee; and on the right to consular protection with a comment of Council Directive (EU) 2015/637 adopted last year by Ms Madalina Morau from the European University Institute. Ms Tanja Fajon, former S&D shadow rapporteur in LIBE for the Directive gave the Members an overview of the main elements in the negotiation. To conclude this panel, Ms Annij Prisjolkova Bottiglieri, a Latvian national married to a Maltese, shared with the audience the problems she faced in Malta as a result of her trying to register her marriage in Malta.

The third panel was dedicated to electoral rights, the reform of the 1976 Electoral Act and ways to promote EU Citizens' political participation in the EU, including e-democracy and e-voting. Mr Jo Leinen, rapporteur on the reform of the electoral law of the European Union, and Mr Ramón Jaúregui, discussed their proposals on electoral reform in the EU, Mr György Schöpflin spoke about the European Citizens' Initiative followed by Mr Paul Nemitz, director for Fundamental Rights and Union citizenship who presented the outcome of the consultation and the Eurobarometer in electoral participation. A round of speakers and a petitioner completed the panel.

The fourth panel was dedicated to the right to petition and other ways that citizens have to address the EU. Ms Jude Kirton-Darling, Member of the PETI committee stressed the importance of petitions in the work of the Parliament and the EU institutions. The role of the European Ombudsman was explained by Ms Beate Gminder. Mr Karl-Heinz Lambertz, Vice-President of the Committee of the Regions, emphasised the role of the regions and local communities. The interventions by Mr Jean-Paul Gauzés and Ms Assya Kavrakova closed the last panel.

For the draft agenda and background documents, please follow this link.

Joint LIBE-JURI-AFCO-PETI Committees and Comission Hearing on "EU Citizenship in practice: our common values, rights and democratic

participation", 15 March

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The EASO-Swiss working arrangement, for which the EP gave its consent in December 2015 (NLE 2013/0422, Rapporteur R. Metsola) has eventually entered into force, marks a strengthened cooperation between EASO and the

Swiss Confederation and will allow Switzerland to participate in EASO's work, receive support from EASO, and benefit from its valuable expertise on countries of origin information, training and other tools offered by EASO. Swiss national experts may be engaged by EASO, and deployed in EASO operations, including those in the hotspots in Italy and Greece. EASO launched a new COI Portal beta version in February. It is accessible to the public with the aim to increase COI transparency for all asylum practitioners including civil society. This platform has been redesigned to provide attractive and up-to-date interfaces and improved search capacities. ACountry of Origin Information (COI) Report entitled ‘Somalia security situation’ has recently been published. The report is an update of the security chapter of the EASO COI report on South and Central Somalia, published in August 2014, and has been extended to Somaliland, Puntland, and the disputed areas between these administrations (Sool, Sanaag, Khatumo). The report provides a comprehensive overview of the security situation in Somalia, information relevant for the protection status determination of Somali asylum seekers. In the context of the external dimension of the CEAS, the ENPI Project organised a CEAS national training in Tunis on 17-18 February 2016. EASO brought together third country officials, within the ENPI project, in Tunis for a National Training on the Common European Asylum System (CEAS). Participants were from the Tunisians Ministries of Social Affairs and Justice, from the Lebanese Syrian Crisis Response Unit and from the Egyptian Ministry of Foreign Affairs. European and Tunisian trainers co-trained the session using Arabic, French and English languages.

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FRA and Frontex discuss enhanced cooperation to strengthen respect for fundamental rights On 4 March, the Directors of FRA and the EU’s Border Agency,

Frontex, met in Warsaw to discuss how the two agencies could further collaborate on strengthening fundamental rights, considering the unprecedented migratory pressures on the EU’s external borders. The two agencies have had an intensive collaboration on a wide range of issues on the basis of a cooperation agreement signed in 2010. In light of the current situation, the two Agency Directors agreed to step up this cooperation further. The meeting served to identify areas for enhanced collaboration. This includes capacity-building for Member State monitors of forced returns and the short-term deployment of a FRA expert to provide assistance and support the EU agencies operating under challenging conditions in the hotspots in Greece.

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"FRAN Quarterly report" On 10 March Frontex published its latest "FRAN

Quarterly report". FRAN Quarterly reports are prepared by the Frontex Risk Analysis Unit (RAU) and provide a regular overview of irregular migration at the EU external borders, based on the irregular migration data exchanged among Member State border control authorities within the cooperative framework of the Frontex Risk Analysis Network (FRAN) and its subsidiary, the European Union Document-Fraud Risk Analysis Network (EDF-RAN). In the fourth quarter of 2015, the indicator of detections of irregular border crossings between border crossing points reached its highest level since the data exchange under the Frontex Risk Analysis Network (FRAN) began in 2007. The report is available here.

Justice and Home Affairs Council on 10–11 March

The Ministers on Justice an Home Affairs met on 10 and 11 March under The Netherlands Presidency. On the first day, 10 March, the Home Affairs Council chaired by Mr Klaas Dijkhoff, State Secretary of Security and Justice and Minister for Immigration, ministers exchanged views on the current migratory situation. The Council was briefed by the Presidency on the state of play on the proposed European Border and Coast Guard regulation. The Presidency's intention is to reach a political agreement before the end of its term, as requested by the European Council. The Council held a policy debate on the proposal for a directive on control of the acquisition and possession of weapons. Ministers discussed and took note of a report prepared by the EU Counter-Terrorism Coordinator on the follow-up to the implementation of measures regarding counter-terrorism. The report gives an overview of and useful recommendations concerning areas where further progress is still needed, like information-sharing and border security. On the following day, 11 March, the Justice Ministers, chaired by Mr Ard van der Steur, Minister for Security and Justice, adopted a general approach on the proposal for a Directive on combating terrorism and held a policy debate on the proposal for a regulation establishing the European public prosecutor's office (EPPO). At this meeting the Council adopted its position at first reading on the “Students and researchers Directive”; its position at first reading on the “Europol regulation” and conclusions on migrant smuggling. The full text of the outcome of the Council meeting: here.

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European Council on 17–18 March At their meeting on 17- 18 March, Chaired by Mr Donald Tusk, EU leaders discussed further steps to address the migration crisis and EU-Turkey cooperation. On 18 March, EU leaders met with their Turkish counterpart, Prime Minister of Turkey Ahmed Davutoğlu and reached an agreement on a number of additional points to the joint action plan activated on 29 November 2015. The text of the EU-Turkey statement is accessible here. See also the Text of the European Council Conclusions.

European Council and Council of the EU activities

in the field of JHA

Latest news from JHA Agencies

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Extraordinary meeting of Ministers for Justice and Security

and representatives of the EU institutions, 24 March 2016

On 24 March an extraordinary meeting was organised in Brussels with the Ministers for Justice and Security and representatives of EU institutions on the terrorist attacks in Brussels. Ms Sylvie Guillaume, Vice-President of the European Parliament took part in the meeting. See below the text of the joint statement adopted, on behalf of the EP President, Mr Schulz and of the LIBE Chair, Mr Moraes: Joint statement of EU Ministers for Justice and Home Affairs and representatives of EU institutions on the terrorist attacks in Brussels on 22 March 2016

News from the Council of Europe

Venice Commission

The European Commission for Democracy through Law - better known as the Venice Commission as it meets in Venice - is the Council of Europe's advisory body on constitutional matters. The role of the Venice Commission is to provide legal advice to its member states and, in particular, to help states wishing to bring their legal and institutional structures into line with European standards and international experience in the fields of democracy, human rights and the rule of law.

At its 106th Plenary Session held in Venice on 11-12 March 2016 the Venice Commission adopted the Rule of Law Checklist. The Checklist aims at enabling an objective, thorough, transparent and equal assessment.

During that session, the Venice commission also adopted its Opinion on amendments to the Act of 25 June 2015 on the Constitutional Tribunal of Poland (CDL-AD(2016)001) and the Opinion on the Draft Constitutional Law on "Protection of the Nation" of France (CDL-AD(2016)006).

European Commission against Racism and Intolerance (ECRI)

On the occasion of the International Day for the Elimination of Racial Discrimination, 21 March, the European Commission against Racism and Intolerance (ECRI) issued a general policy recommendation to all 47 member States of the Council of Europe on how to prevent hate speech, support those targeted by it, and deal with its consequences. See the text of the recommendation here.

Group of Experts on Action against Trafficking in Human Beings (GRETA)

On 16 March 2016, the Council of Europe’s Group of Experts on Action against Trafficking in Human Beings published its Fifth

General Report on the group’s activities. This year a special chapter of the report has focused on the identification and protection of victims of trafficking among asylum seekers, refugees and migrants. According to the report, the need for governments across the continent to protect children and young people from human trafficking is “ever more urgent” due to significantly increased numbers of unaccompanied minors and separated children arriving in Europe.

Committee of Ministers

On 2 March 2016, the Council of Europe issued a set of guidelines to its 47 member states to prevent the radicalisation of prisoners and people under probation, and rehabilitate individuals who have already become radicalised. Adopted by the Council of Europe Committee of Ministers, the guidelines endorse the good management of prisons as an indispensable basis for the prevention of radicalisation and the introduction of efficient exit and reintegration programmes.

News from the US Congress

As part of the Transatlantic Dialogue between the EP and the US Congress Mr L. Gardener, the US ambassador of the EU, gave an overview regarding current policy issues. According to him the most important political divergence to be expected between the US and the EU during the course of the 2016 are the adoption of new economic sanctions against Iran and Libya, and the maintenance of strong sanctions against Russia. The strengthening of the Visa Waiver program decided by the US at end of December 2015 following the Paris terrorist attacks might also bring some turbulence in US-EU relationship according the US ambassador, but so far the reactions of Member States have been quite muted according to him. In the field of Data Protection, the position of the US is that the new Privacy Shield agreement is in fact a "package" containing changes to the US legislation, some new avenues to seek some judicial redress for EU citizens in front of US courts, and some "organisational changes" to facilitate the implementation of the agreement (such as the creation of the ombudsman office for instance). The US ambassador felt confident that the new agreement will sustain legal challenges in front of the ECJ because it is truly "Essentially equivalent" to the EU Data Protection system. Two studies ( link 1, link 2 ) have been published/funded in this area by authors/organisations defending US interests and mentioned by the ambassador. Regarding the Umbrella agreement, at the time of the meetings, the judicial redress act had been adopted by the US house but not yet by the senate. Following the DAVOS meeting, the US has announced that it is working on some humanitarian financial support for refugee camps outside the EU, the package adopted will also include further measures for legal migration directly from the camps. Mr Gardner mentioned that is in the interest of the US to reinforce Schenghen and to avoid a Brexit. Although the subject of TTIP is not dealt much during the US election campaign at the moment, it is expected to pick-up later towards the end of the campaign when the two candidates will more directly confront each other.

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Q: Why did you choose to become a member of the LIBE Committee?

A: Lawyer by training and having some experience as attorney at law, I was interested in LIBE from the start. In the Belgian Senate I was a member of the Committee for Justice. So it made sense to me to opt for LIBE. Furthermore, human rights, equality and non-discrimination are important themes for me. Migration which is a very hot and complex topic with far reaching consequences is also dealt with in LIBE and it is crucial to be involved in that debate as well.

Q: You are also an active Member of the TAXE Committee and of the Delegation to the EU-Ukraine Parliamentary Association Committee. How do you share your time between these, and what interactions do you see in your work? A: Although I am just a substitute in the EMPL committee, I find it really important to give enough time and attention to this committee. First of all because it deals with topics which our crucial in the everyday life of our citizens (such as fighting youth unemployment and creating a fair labour market). Secondly, I believe it is my duty to be a voice for persons who are often not heard. In the Committee which touches upon social affairs I want to strive for equal opportunities in society, especially for persons with disabilities. EMPL and LIBE are of course two different committees, but many LIBE dossiers have an impact on labour markets and civil societies. Take for example the refugee crisis. This crisis also contains difficult challenges in terms of integration and social inclusion. It goes without saying that it gives a better understanding when you are looking at an issue from different angles.

Q: In your opinion, what are the main challenges that the Union is facing in the field of Justice and Civil Liberties? A: Obviously that would be the refugee crisis and the terrorism threat. Both issues are heavily debated within the LIBE Committee. N-VA as part of the ECR group, keeps advocating Eurorealism and pragmatism. Closing the EU's external borders before we can start talking about new legal routes for migrants. And implementation and optimisation of existing Union instruments in the fight against terrorism instead of immediately creating new laws and rules. It's a challenge, knowing that most LIBE Members are passionate about more Europe, regardless of added value, subsidiarity and proportionality.

Q: Half of the Members of the LIBE Committee were elected in 2014; do you see in your working relationship with colleagues a difference between "veterans" and "newer" Members? A: No, not really. After all, we are all elected! And many of the "newer" members were a member of the national parliament and/or regional parliament in their home country. I was e.g. a Member of the Flemish Parliament and a Senator in Belgium. Consequently, many of us are veterans in politics! And being a Member of the European Parliament is like a new chapter in the book of politics!

Q: What is the part of your work as LIBE Rapporteur that you enjoy the most? Is there something that you like less about being a Rapporteur? A: I have already mentioned how our group has another view on how to tackle the main challenges. Which is less pleasant about being a ECR (shadow) rapporteur is that we are sometimes ignored. Especially in the field of migration it is like our views do not matter, as if these ideas are not seen to be contributing to the debate. When you put a lot of time and effort into a file, only to see your input rejected by the Grand Coalition, it can be frustrating. Especially when it's obvious that we are moving in the wrong direction. What I like about it however, is the role I can pla y as the voice of common sense. It is important to stand firmly on the ground with both feet and to try to take into account the views and opinions of citizens and not fall into the trap of living in an ivory European tower. We must bridge the gap between the EU and ordinary citizens who are increasingly feeling out of touch with "Europe".

On a more personal note...

Q: Do your obligations as MEP and LIBE Rapporteur leave you some free time for reading? What book would we find on your bedside table these days? A: I have been busy reading "Farewell Kabul: From Afghanistan To A More Dangerous World" by Christina Lamb. It is a big book and gives a good and detailed insight in how/when/where islamist terrorism started and has spread since then. Another book I ha ve recently started reading (in Dutch) is "The Jihadis Return" by Patrick Cockburn on the birth and rise of IS in Iraq and Syria. The New Zealand Minister on Disability Issues recently gave me this book: "Becoming a person - The Biography of Robert Martin - How an intellectually disabled New Zealander helped change the world" by John McRae. I plan to read that book during Easter break! I have more books on my wish list but these 3 will do for now!

Q: Have you got the time to enjoy the city of Brussels from time to time, would you share with us your favourite corner of the town or something you like to do when you are here? A: Since I am from Flanders/Belgium, I do know Brussels. Allthough US Presidential candidate Donald Trump called Brussels a hellhole, it is a very pleasant city. It contains many hidden secrets in addition to the obvious tourist spots. There are lots of parks. E.g. the Heysel where you get a great view of Brussels and the region from one of the balls of the shiny grey Atomium. There are man y places where you can eat very well - one of them is La Brace in rue Franklinstraat. The Stripmuseum (Belgian Centre for Comic Strip Art - Musée de la Bande Dessinée) and the Museum of Natural Sciences - the latter is very near to the EP - stand out among the numerous museums in the Belgian capital.

***

Disclaimer: The opinions expressed in this article are the author's own and do not necessarily reflect the view of the LIBE Committee as a whole.

A chat with...

Helga STEVENS In this issue we start our round of talks with LIBE Rapporteurs and more specifically with Helga Stevens (ECR, BE). Ms Helga Stevens has been a Member of LIBE since she was elected in 2014 and she is the rapporteur for the ratification of the 2014 Protocol to the ILO Forced Labour Convention and for the opinion on the implementation of the Employment Equality Directive.

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LIBE Members Full Members (as of 29-02.2016 - updates available here) Substitute Members

BECKER Heinz K. (AT) BONI Michał (PL) DATI Rachida (FR) DÍAZ DE MERA GARCÍA CONSUEGRA Agustín (ES) ENGEL Frank (LU) GABRIEL Mariya (BG) GÁL Kinga (HU) (1

st Vice-Chair)

HOHLMEIER Monika (DE) HORTEFEUX Brice (FR) KUDRYCKA Barbara (PL) (4

th Vice-Chair)

MATERA Barbara (IT) METSOLA Roberta (MT) MUSSOLINI Alessandra (IT) NAGY József (SK) SÓGOR Csaba (RO) UNGUREANU Traian (RO) ZDECHOVSKÝ Tomáš (CZ)

CHINNICI Caterina (IT) FAJON Tanja (SI) FLAŠÍKOVÁ BEŇOVÁ Monika (SK) GOMES Ana (PT) GUILLAUME Sylvie (FR) IOTOVA Iliana (BG) (2

nd Vice-Chair)

KAUFMANN Sylvia-Yvonne (DE) KYENGE Kashetu (IT) LAURISTIN Marju (EE) LÓPEZ AGUILAR Juan Fernando (ES) MORAES Claude (UK) (Chair) NIEDERMÜLLER Péter (HU) POST Soraya (SE) SIPPEL Birgit (DE) WEIDENHOLZER Josef (AT)

HALLA-AHO Jussi (FI) KIRKHOPE Timothy (UK) MACOVEI Monica Luisa (RO) ŠKRIPEK Branislav (SK) STEVENS Helga (BE) VON STORCH Beatrix (DE) TOMAŠEVSKI Valdemar (LT)

GRIESBECK Nathalie (FR) HYUSMENOVA Filiz (BG) IN 'T VELD Sophia (NL) MICHEL Louis (BE) WIKSTRÖM Cecilia (SE)

ANDERSON Martina (UK) BJÖRK Malin (SE) ERNST Cornelia (DE) VERGIAT Marie-Christine (FR)

ALBRECHT Jan Philipp (DE) (3rd

Vice-Chair) JOLY Eva (FR) SARGENTINI Judith (NL) VALERO Bodil (SE)

BATTEN Gerard (UK) CORRAO Ignazio (IT) FERRARA Laura (IT) WINBERG Kristina (SE)

FONTANA Lorenzo (IT) MAEIJER Vicky (NL) VILIMSKY Harald (AT)

VOIGT Udo (DE)

BOCSKOR Andrea (HU) COELHO Carlos (PT)

CORAZZA BILDT Anna Maria (SE) CSÁKY Pál (SK)

FLORENZ Karl-Heinz (DE) JIMÉNEZ-BECERRIL BARRIO Teresa (ES)

KALINOWSKI Jarosław (PL) LENAERS Jeroen (NL)

MELO Nuno (PT) MORANO Nadine (FR)

PABRIKS Artis (LV) POGLIESE Salvatore Domenico (IT)

RADEV Emil (BG) SARVAMAA Petri (FI)

ŠTĚTINA Jaromír (CZ) THUN UND HOHENSTEIN Róża Gräfin von (PL)

VOSS Axel (DE) VOZEMBERG-VRIONIDI Elissavet (GR)

BAYET Hugues (BE) BLINKEVIČIŪTĖ Vilija (LT)

DALLI Miriam (MT) DRĂGHICI Damian (RO)

GARCÍA PÉREZ Iratxe (ES) HEDH Anna (SE)

KAMMEREVERT Petra (DE) KYRKOS Miltiadis (GR)

MAMIKINS Andrejs (LV) MORGANO Luigi (IT)

PAVEL Emilian (RO) PIRI Kati (NL)

REVAULT D'ALLONNES BONNEFOY Christine (FR) SCHLEIN Elly (IT)

VIOTTI Daniele (IT)

DALTON Daniel (UK) JUREK Marek (PL)

LOONES Sander (NL) UJAZDOWSKI Kazimierz Michał (PL)

VAN ORDEN Geoffrey (UK) VISTISEN Anders Primdahl (DK)

DEPREZ Gérard (BE) JEŽEK Petr (CZ)

MLINAR Angelika (AT) PAGAZAURTUNDÚA RUIZ Maite (ES)

PETERSEN Morten Helveg (DK)

ALBIOL GUZMÁN Marina (ES) CHRYSOGONOS Kostas (GR)

DE JONG Dennis (NL) SPINELLI Barbara (IT)

KELLER Ska (DE) LAMBERT Jean (UK)

LUNACEK Ulrike (AT) TERRICABRAS Josep-Maria (ES)

AGEA Laura (IT) BERGERON Joëlle (FR)

HOOKEM Mike (UK) JAMES Diane (UK)

ATKINSON Janice (UK) LEBRETON Gilles (FR)

LE PEN Marine (FR)

SYNADINOS Eleftherios (GR) NI

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Contact: libe-secretariat@europarl.europa.eu

Head of Unit:

Antoine CAHEN Administrators:

Mila ASSENOVA

David CHICO ZAMANILLO

José Manuel DE FRUTOS GOMEZ

Anže ERBEŽNIK

Katrin HUBER

Gerrit HUYBREGHTS

Peter IDE-KOSTIC

Claudine JACOB

Gai OREN

Danai PAPADOPOULOU

Regina PHILIPP

Rosa RAFFAELLI

Amparo RUEDA BUESO

Erika SCHULZE

Nicolas STRAUCH

Patricia VAN DE PEER

Michael VANFLETEREN

Assistants:

Petra GÖTZ

Angela HRINCESCU

Ulrike LEHMANN

Maria del Pilar ALVAREZ ALVAREZ

Elitsa ANDREEVA

Nicolas DAVID

Vita GRIFITA

Kelly MATHIOUDAKI-KOTSOMYTI

Pauline PLEITINX

Karen PURINO

Mariann SZAKÀL

Gesthimani TENGELIDOU

Ivana URBANOVA

Trainees:

Agnieszka Maria BIEL

Giulia LARATO

Silvia PETRALITO

Committee on Civil Liberties, Justice and Home Affairs DG Internal Policies

LIBE Secretariat Square de Meeûs 8 - 8

th floor

B-1047 Brussels

Email: libe-secretariat@ep.europa.eu Website: www.europarl.europa.eu/committees/en/libe/home.html

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Closure date of the current issue: 29 March 2016

Newsletter subscription If you wish to receive this newsletter, please send an e-mail to libe-secretariat@europarl.europa.eu with the subject 'newsletter'.

Newsletter Editor: Kelly MATHIOUDAKI

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