<nettime> Proposal to create EU-wide "troublemakers" database

[nettime's troublemaker <nettime@kein.org>]

Proposal to create EU-wide "troublemakers" database

http://www.statewatch.org/news/2008/apr/04eu-troublemakers.htm

- to "prevent individuals or groups who are considered to pose a potential 
threat to the maintenance of public law and order and/or security from 
travelling to the location of the event"

- and to put in place: "The necessary arrangements for a quick and 
efficient implementation of the potential expulsion measures"

- EU Security Handbook: "The scope of the manual is now such that it 
applies to the security (both from a public order point of view as well as 
counter-terrorism) of all major international events, be it political, 
sporting, social, cultural or other."At the Article 36 Committee meeting 
(high-level EU interior ministry officials) on 22-23 October 2007 a 
proposal from the German government was on the agenda concerning the 
options for "sharing information on violent troublemakers at large events" 
(EU doc no: 15079/07). It was agreed that the Council's (the governments) 
working party on the SIS/SIRENE (Schengen Information System) should 
examine the possibility of "using the SIS for this exchange of 
information".

On 4 December 2007 under the heading: "Troublemakers" at the SIS/SIRENE 
Working Party:

    "The Presidency explained that at its meeting on 22 and 23 October 
2007, CATS had instructed the SIS/SIRENE group to examine the possibility 
of using SIS for the exchange of information on troublemakers.

    COM argued that although the alerts pursuant to Article 99 were not 
designed to this end, this kind of alerts could prove helpful in locating 
troublemakers.

    However, some delegations argued that this type of alerts neither met 
the legal (Art. 99 regards extremely serious criminal offences or serious 
threats) nor the operational needs (there was no possibility of arresting 
persons) referred to by CATS.

    Since this question had already been discussed some years previously in 
this forum, the Council Secretariat was asked to retrieve any documents 
issued between 2000 and 2003 on this subject." (EU doc no: 16585/07)

Article 99 (for the SIS) concerns the surveillance of people suspected of 
extremely serious criminal offences. See: Schengen Information System 
Article 99 report

On 14 March 2008 the Council Presidency circulated a paper to the 
SIS/SIRENE Working Party on the Subject of:

    "Troublemakers" (EU doc 7544/08)

The paper refers to the Conclusions of the special Justice and Home Affairs 
Council on 13 July 2001 (EU doc no: 10916/01) following the Gothenburg 
protests on 14-16 June 2001) and to Conclusions on the development of SIS 
II (EU doc no: EU doc 9808/03) where "a certain interest exists" in a new 
category in the SIS on "violent troublemakers". These Conclusions also 
referred to the need for a "feasibility study" (which has not been done) 
and for Council working parties to discuss the issue and bring foward 
proposals "when they find sufficient support". The only indirectly related 
development was the Council Resolution on security at European Council 
meetings and other comparable events on 3 November 2003, See: EU doc no: 
13815/03

In effect four and a half years past before "troublemakers" were put back 
on the agenda again by the German government in October 2007 in the wake 
of the Heiligendamm G8 Summit (see below).

The Council Presidency paper says that the SIS/SIRENE Working Party 
discussed the issue on 29 January 2008 (though no "Outcomes"/Minutes of 
this meeting have yet been produced) and:

    "several delegations reflected the idea that the persons enviaged could 
be inserted under Article 99. Other delegations raised doubts about the 
usefulness of Article 99 alerts for violent troublemakers since arrest 
cannot be carried out under this Article."

The Presidency paper says that data would concern:

    "persons to be barred from certain events, such as European summits or 
similar venues, international sports or cultural events or other mass 
gatherings because they are a threat to public order and public security 
at such events."

But:

    "This proposal begs questions as the right of free movement, other 
civil liberties and data protection, as these persons should therefore not 
be permanently visible or included in the SIS, requiring a very careful 
management of such alerts."

On 18 March 2008 at the SIS/SIRENE Working Party, under the heading: 
Troublemakers the above document was discussed and:

    "After some discussion, it was concluded that before undertaking any 
feasibility study as referred to in the Annex to the Council Conclusions 
on SIS II (7178/4/03 REV 4 SIRIS 28 CATS 16 ASIM 16 COMIX 141, point II.2, 
page 6) on the possible creation of a new type of SIS-alert, attention 
should be given to the definition of “troublemakers” and the exact goals. 
To that end, the Presidency of the SIS/SIRENE WP would establish contacts 
with the Presidency of the WP on Police Cooperation."




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