Statewatch News online: Dutch government attacks Italian Presidency plan to combat protests

Their Note says that the draft Resolution cover the use of border controls (to exclude suspected troublemakers) and the "exchange of personal data" which should not be adopted as a "political and non-binding text" but as a formal, binding, measure which would require national and European parliaments to be consulted.

It goes on to say that the use of Article 2.2 of the Schengen Implementing Convention which allows border controls to be exercised with the EU:

"is an exception to the rule [and].. is only possible in special situations "

increased internal border control "is not an end in itself" and any measure should set out criteria to "justify these security measures".

The Dutch government is concerned too over the idea that national police and public order agencies would pass over personal details of suspected troublemakers to the state where a protest is to take place. It even questions whether previous convictions constitute legitimate grounds for passing over data. Convictions:

"do not of themselves constitute justification for taking measures in the context of public order or public safety"

The Note says that "some caution is necessary" if it is intended:

"to include the data in a common list in the interests of public order"

and wants the full protection of the EU's 1995 Data Protection Directive to be included.

Source: "Draft Council Resolution on security at European Council meetings and other comparable events", full-text: 12078/03 (pdf)

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