[ParlTrack]

Proposal for a regulation
Title 1

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the European Union Agency for Law Enforcement Cooperation ~~and Training~~ (Europol) and repealing Decisions 2009/371/JHA ~~and 2005/681/JHA~~

2013/10/01
Committee: LIBE

Kinga GÖNCZ, Josef WEIDENHOLZER

Proposal for a regulation
Recital 3

(3) The European Police College (‘CEPOL’) was established by Decision 2005/681/JHA29 to facilitate cooperation between national police forces by organising and coordinating training activities with a European policing dimension. __________________ 29deleted OJ L 256, 1.10.2005, p. 63.

2013/10/01
Committee: LIBE

Kinga GÖNCZ, Josef WEIDENHOLZER

Proposal for a regulation
Recital 4

(4) The ‘Stockholm Programme – An open and secure Europe serving and protecting citizens’30 calls for Europol to evolve and become a ‘hub for information exchange between the law enforcement authorities of the Member States, a service provider and a platform for law enforcement services.’ On the basis of an assessment of Europol's functioning, further enhancement of its operational effectiveness is needed to meet this objective. The Stockholm Programme also sets the aim of creating a genuine European law enforcement culture by setting up European training schemes and exchange programmes for all relevant law enforcement professionals at national and Union level.

2013/10/01
Committee: LIBE

Kinga GÖNCZ, Josef WEIDENHOLZER

Proposal for a regulation
Recital 5

(5) Large-scale criminal and terrorist networks pose a significant threat to the internal security of the Union and to the safety and livelihood of its citizens. Available threat assessments show that criminal groups are becoming increasingly poly-criminal and cross-border in their activities. National law enforcement authorities therefore need to cooperate more closely with their counterparts in other Member States. In this context, it is necessary to equip Europol to support Member States more in Union-wide crime prevention, analyses and investigations. This has also been confirmed in the evaluations of Decisions 2009/371/JHA ~~and 2005/681/JHA~~.

2013/10/01
Committee: LIBE

Kinga GÖNCZ, Josef WEIDENHOLZER

Proposal for a regulation
Recital 6

(6) Given the links between the tasks of Europol and CEPOL, integrating and rationalising the functions of the two agencies would enhance the effectiveness of operational activity, the relevance of training and the efficiency of Union police cooperation.deleted

2013/10/01
Committee: LIBE

Kinga GÖNCZ, Josef WEIDENHOLZER

Proposal for a regulation
Recital 7

(7) Decisions 2009/371/JHA ~~and 2005/681/JHA~~ should therefore be repealed and replaced by this regulation, which draws on the lessons learnt from ~~the implementation of both Decisions. Europol as established by this regulation should replace and assume the functions of Europol and CEPOL as established by the two repealed Decis~~its implementations.

2013/10/01
Committee: LIBE

Kinga GÖNCZ, Josef WEIDENHOLZER

Proposal for a regulation
Recital 9

~~(9) Europol should ensure better quality, coherent and consistent training for law enforcement officers of all ranks within a clear framework in accordance with identified training needs.~~deleted

2013/10/01
Committee: LIBE

Kinga GÖNCZ, Josef WEIDENHOLZER

Proposal for a regulation
Recital 12

(12) To ensure effective cooperation between Europol and Member States, a national unit should be set up in each Member State. It should be the principal liaison between national law enforcement authorities and ~~training institutes and~~ Europol. To ensure continuous, effective exchange of information between Europol and national units and to facilitate their cooperation, each national unit should second at least one liaison officer to Europol.

2013/10/01
Committee: LIBE

Kinga GÖNCZ, Josef WEIDENHOLZER

Proposal for a regulation
Recital 14

(14) To ensure that Union-level law enforcement training is of high quality, coherent and consistent, Europol should act in line with Union law enforcement training policy. Union-level training should be available to law enforcement officers of all ranks. Europol should ensure that training is evaluated and that conclusions from training needs assessments are part of planning to reduce duplication. Europol should promote the recognition in Member States of training provided at Union level.deleted

2013/10/01
Committee: LIBE

Kinga GÖNCZ, Josef WEIDENHOLZER

Proposal for a regulation
Recital 16

(16) The Commission and the Member States should be represented on the Management Board of Europol to effectively supervise its work. T~~o reflect the dual mandate of the new agency, operational support and training for law enforcement, the full~~he members of the Management Board should be appointed on the basis of their knowledge of law enforcement cooperation, whereas alternate members should be appointed on the basis of their knowledge of training for law enforcement officers. Alternate members should act as full members in the absence of the full member and in any case when training is discussed or decided. The Management Board should be advised by a scientific committee on technical training issues.

2013/10/01
Committee: LIBE

Kinga GÖNCZ, Josef WEIDENHOLZER

Proposal for a regulation
Recital 24

(24) Europol should maintain cooperative relations with other Union bodies, and law enforcement authorities ~~and law enforcement training institutes~~ of third countries, international organisations, and private parties to the extent required for the accomplishment of its tasks.

2013/10/01
Committee: LIBE

Kinga GÖNCZ, Josef WEIDENHOLZER

Proposal for a regulation
Recital 25

(25) To ensure operational effectiveness, Europol should be able to exchange all information, with the exception of personal data, with other Union bodies, and law enforcement authorities ~~and law enforcement training institutes~~ of third countries, and international organisations to the extent necessary for the performance of its tasks. Since companies, firms, business associations, non-governmental organisations and other private parties hold expertise and data of direct relevance to the prevention and combating of serious crime and terrorism, Europol should also be able to exchange such data with private parties. To prevent and combat cybercrime, as related to network and information security incidents, Europol should, pursuant to Directive [name of adopted Directive] of the European Parliament and of the Council concerning measures to ensure a high common level of network and information security across the Union,31 cooperate and exchange information, with the exception of personal data, with national authorities competent for the security of network and information systems.

2013/10/01
Committee: LIBE

Kinga GÖNCZ, Josef WEIDENHOLZER

Proposal for a regulation
Recital 57

(57) Europol, as set up by this Regulation replaces and succeeds Europol as established by Decision 2009/371/JHA and CEPOL as established by Decision 2005/681/JHA. It should therefore be a legal successor of all their contracts, including employment contracts, liabilities and properties acquired. International agreements concluded by Europol as established on the basis of Decision 2009/371/JHA and CEPOL as established on the basis of Decision 2005/681/JHA should remain in force, with the exception of the headquarters agreement concluded by CEPOL.deleted

2013/10/01
Committee: LIBE

Kinga GÖNCZ, Josef WEIDENHOLZER

Proposal for a regulation
Recital 58

(58) To enable Europol to continue to fulfil the tasks of Europol as established on the basis of Decision 2009/371/JHA and CEPOL as established by Decision 2005/681/JHA to the best of its abilities, transitional measures should be laid down, in particular with regard to the Management Board, the Executive Director and ring-fencing part of Europol's budget for training for three years following the entry into force of this Regulation.deleted

2013/10/01
Committee: LIBE

Kinga GÖNCZ, Josef WEIDENHOLZER

Proposal for a regulation
Recital 59

(59) Since the objective of this Regulation, namely the establishment of an entity responsible for law-enforcement cooperation ~~and training~~ at Union level, cannot be sufficiently achieved by the Member States and can, therefore, by reason of the scale and effects of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity, as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary to achieve that objective.

2013/10/01
Committee: LIBE

Kinga GÖNCZ, Josef WEIDENHOLZER

Proposal for a regulation
Article 1 – title

Establishment of the European Union Agency for Law Enforcement Cooperation ~~and Training~~

2013/10/01
Committee: LIBE

Kinga GÖNCZ, Josef WEIDENHOLZER

Proposal for a regulation
Article 1 – paragraph 1

1. A European Union Agency for Law Enforcement Cooperation ~~and Training~~ (Europol) is hereby established to improve mutual cooperation among law enforcement authorities in the European Union, to strengthen and support their actions ~~as well as to deliver a coherent European training policy~~.

2013/10/01
Committee: LIBE

Kinga GÖNCZ, Josef WEIDENHOLZER

Proposal for a regulation
Article 1 – paragraph 2

2. Europol, as established by this Regulation, shall replace and succeed Europol as established by Decision 2009/371/JHA~~, and CEPOL as established by Decision 2005/681/JHA~~.

2013/10/01
Committee: LIBE

Kinga GÖNCZ, Josef WEIDENHOLZER

Proposal for a regulation
Article 3 – paragraph 3

~~3. Europol shall support, develop, deliver and coordinate training activities for law enforcement officers.~~deleted

2013/10/01
Committee: LIBE

Kinga GÖNCZ, Josef WEIDENHOLZER

Proposal for a regulation
Article 4 – paragraph 1 – point i

~~(i) to support, develop, deliver, coordinate and implement training for law enforcement officers in cooperation with the network of training institutes in Member States as set out in Chapter III;~~deleted

2013/10/01
Committee: LIBE

Kinga GÖNCZ, Josef WEIDENHOLZER

Proposal for a regulation
Article 7 – paragraph 2

2. Each Member State shall establish or designate a National Unit which shall be the liaison body between Europol and the competent authorities in Member States ~~as well as with training institutes for law enforcement officers~~. Each Member State shall appoint an official as the head of the National Unit.

2013/10/01
Committee: LIBE

Kinga GÖNCZ, Josef WEIDENHOLZER

Proposal for a regulation
Article 7 – paragraph 5 – point b

(b) ensure effective communication and cooperation of all relevant competent authorities of the Member States ~~and training institutes for law enforcement officers within the Member States,~~ with Europol;

2013/10/01
Committee: LIBE

Kinga GÖNCZ, Josef WEIDENHOLZER

Proposal for a regulation
Article 9

Article 9 Europol Academy 1. A department within Europol, called the Europol Academy, as set up by this Regulation, shall support, develop, deliver and coordinate training for law enforcement officers in particular in the areas of the fight against serious crime affecting two or more Member States and terrorism, management of high-risk public order and sports events, strategic planning and command of non-military Union missions, as well as law enforcement leadership and language skills and in particular to: (a) raise awareness and knowledge of: (i) international and Union instruments on law enforcement cooperation; (ii) Union bodies, in particular Europol, Eurojust and Frontex, their functioning and role; (iii) judicial aspects of law enforcement cooperation and practical knowledge about access to information channels; (b) encourage the development of regional and bilateral cooperation among Member States and between Member States and third countries; (c) address specific criminal or policing thematic areas where training at Union level can add value; (d) devise specific common curricula for law enforcement officers to train them for participation in Union civilian missions; (e) support Member States in bilateral law enforcement capacity-building activities in third countries; (f) train trainers and assist in improving and exchanging good learning practices. 2. The Europol Academy shall develop and regularly update learning tools and methodologies and apply these in a lifelong learning perspective to strengthen the skills of law enforcement officers. The Europol Academy shall evaluate the results of these actions with a view to enhancing the quality, coherence and efficacy of future actions.deleted

2013/10/01
Committee: LIBE

Kinga GÖNCZ, Josef WEIDENHOLZER

Proposal for a regulation
Article 10

Article 10 Tasks of the Europol Academy 1. The Europol Academy shall prepare multi-annual strategic training needs analyses and multi-annual learning programmes. 2. The Europol Academy shall develop and implement training activities and learning products, which may include: (a) courses, seminars, conferences, web- based and e-learning activities; (b) common curricula to raise awareness, address gaps and/or facilitate a common approach in relation to cross-border criminal phenomena; (c) training modules graduated according to progressive stages or levels of complexity of skills needed by the relevant target group, and focused either on a defined geographical region, a specific thematic area of criminal activity or on a specific set of professional skills; (d) exchange and secondment programmes of law enforcement officers in the context of an operational based training approach. 3. To ensure a coherent European training policy to support civilian missions and capacity-building in third countries the Europol Academy shall: (a) assess the impact of existing Union- related law enforcement training policies and initiatives; (b) develop and provide training to prepare Member States' law enforcement officers for participation in civilian missions, including to enable them to acquire relevant language skills; (c) develop and provide training for law enforcement officers from third countries, in particular from the countries that are candidates for accession to the Union; (d) manage dedicated Union External Assistance funds to assist third countries in building their capacity in relevant policy areas, in line with the established priorities of the Union. 4. The Europol Academy shall promote the mutual recognition of law enforcement training in Member States and related existing European quality standards.deleted

2013/10/01
Committee: LIBE

Kinga GÖNCZ, Josef WEIDENHOLZER

Proposal for a regulation
Article 11

Article 11 Research relevant for training 1. The Europol Academy shall contribute to development of research relevant for training activities covered by this Chapter. 2. The Europol Academy shall promote and establish a partnership with Union bodies as well as with public and private academic institutions and shall encourage the creation of stronger partnerships between universities and law enforcement training institutes in Member States.deleted

2013/10/01
Committee: LIBE

Kinga GÖNCZ, Josef WEIDENHOLZER

Proposal for a regulation
Article 12 – paragraph 1 – point c

~~(c) a Scientific Committee for Training in accordance with Article 20;~~deleted

2013/10/01
Committee: LIBE

Kinga GÖNCZ, Josef WEIDENHOLZER

Proposal for a regulation
Article 13 – paragraph 3

3. Each member of the Management Board shall be represented by an alternate member who shall be appointed on the basis of his/her experience in the management of public and private sector organisations and knowledge of national policy on training for law enforcement officers. The alternate member shall act as a member on any issues related to training of law enforcement officers. The alternate member shall represent the member in his/her absence. The member shall represent the alternate on any issues related to training of law enforcement officers in his/her absence.deleted

2013/10/01
Committee: LIBE

Kinga GÖNCZ, Josef WEIDENHOLZER

Proposal for a regulation
Article 14 – paragraph 1 – point h

(h) adopt rules for the prevention and management of conflicts of interest in respect of its members~~, as well as members of the Scientific Committee for Training~~;

2013/10/01
Committee: LIBE

Kinga GÖNCZ, Josef WEIDENHOLZER

Proposal for a regulation
Article 14 – paragraph 1 – point n

~~(n) appoint the members of the Scientific Committee for Training;~~deleted

2013/10/01
Committee: LIBE

Kinga GÖNCZ, Josef WEIDENHOLZER

Proposal for a regulation
Article 20

Article 20 The Scientific Committee for Training 1. The Scientific Committee for Training shall be an independent advisory body guaranteeing and guiding the scientific quality of Europol’s work on training. For that purpose, the Executive Director shall involve the Scientific Committee for Training early on in the preparation of all documents referred to in Article 14 as far as they concern training. 2. The Scientific Committee for Training shall be composed of 11 persons of the highest academic or professional standing in the subjects covered by Chapter III of this Regulation. The Management Board shall appoint the members following a transparent call for applications and selection procedure to be published in the Official Journal of the European Union. The members of the Management Board shall not be members of the Scientific Committee for Training. The members of the Scientific Committee for Training shall be independent. They shall neither seek nor take instructions from any government, nor from any other body. 3. The list of members of the Scientific Committee for Training shall be made public and shall be updated by Europol on its website. 4. The term of office of the members of the Scientific Committee for Training shall be five years. It shall not be renewable and its members can be removed from office if they do not meet the criteria of independence. 5. The Scientific Committee for Training shall elect its Chairperson and Deputy Chairperson for a term of office of five years. It shall adopt positions by simple majority. It shall be convened by its Chairperson up to four times per year. If necessary, the Chairperson shall convene extraordinary meetings on his/her own initiative or at the request of at least four members of the Committee. 6. The Executive Director, Deputy Executive Director for Training or their respective representative shall be invited to the meetings as a non-voting observer. 7. The Scientific Committee for Training shall be assisted by a secretary who shall be a Europol staff member designated by the Committee and appointed by the Executive Director. 8. The Scientific Committee for Training shall, in particular: (a) advise the Executive Director and the Deputy Executive Director for Training in drafting the annual work programme and other strategic documents, to ensure their scientific quality and their coherence with relevant Union sector policies and priorities; (b) provide independent opinion and advice to the Management Board on matters pertaining to its remit; (c) provide independent opinion and advice on the quality of curricula, applied learning methods, learning options and scientific developments; (d) perform any other advisory task pertaining to the scientific aspects of Europol’s work relating to training at the request of the Management Board or by the Executive Director or the Deputy Executive Director for Training. 9. The annual budget of the Scientific Committee for Training shall be allocated to an individual budget line of Europol.deleted

2013/10/01
Committee: LIBE

Kinga GÖNCZ, Josef WEIDENHOLZER

Proposal for a regulation
Article 29 – paragraph 1

1. In so far as necessary for the performance of its tasks, Europol may establish and maintain cooperative relations with the Union bodies in accordance with the objectives of those bodies, the law enforcement authorities of third countries, ~~law enforcement training institutes of third countries,~~ international organisations and private parties.

2013/10/01
Committee: LIBE

Kinga GÖNCZ, Josef WEIDENHOLZER

Proposal for a regulation
Article 57 – paragraph 1

1. Four Deputy Executive Directors~~, including one responsible for training, shall assist the Executive Director. The Deputy Executive Director for Training shall be responsible for managing the Europol Academy and its activities~~ shall assist the Executive Director. The Executive Director shall define the tasks of the others.

2013/10/01
Committee: LIBE

Kinga GÖNCZ, Josef WEIDENHOLZER

Proposal for a regulation
Article 63 – paragraph 2

2. Because of the specificity of the Members of the Network of National Training Institutes which are the only bodies with specific characteristics and technical competences to perform relevant training activities, these members may receive grants without a call for proposals in accordance with Article 190(1)(d) of the Commission Delegated Regulation (EU) No 1268/2012.41 __________________ 41 OJ L 362, 31.12.2012, p. 1.deleted

2013/10/01
Committee: LIBE

Kinga GÖNCZ, Josef WEIDENHOLZER

Proposal for a regulation
Article 73 – paragraph 1

1. Europol, as established by this Regulation, shall be the general legal successor in respect of all contracts concluded by, liabilities incumbent on, and properties acquired by Europol, as established by Decision 2009/371/JHA~~, and CEPOL, as established under Decision 2005/681/JHA~~.

2013/10/01
Committee: LIBE

Kinga GÖNCZ, Josef WEIDENHOLZER

Proposal for a regulation
Article 73 – paragraph 3

~~3. This Regulation shall not affect the legal force of agreements concluded by CEPOL as established by Decision 2005/681/JHA before the date of entry into force of this Regulation.~~deleted

2013/10/01
Committee: LIBE

Kinga GÖNCZ, Josef WEIDENHOLZER

Proposal for a regulation
Article 73 – paragraph 4

4. By way of derogation from paragraph 3, the Headquarters Agreement concluded on the basis of the Decision 2005/681/JHA shall be terminated from the date of entry into application of this Regulation.deleted

2013/10/01
Committee: LIBE

Kinga GÖNCZ, Josef WEIDENHOLZER

Proposal for a regulation
Article 74 – paragraph 1

1. The term of office of the members of the Governing Board of CEPOL as established on the basis of Article 10 of Decision 2005/681/JHA shall terminate on [date of entry into force of this Regulation].deleted

2013/10/01
Committee: LIBE

Kinga GÖNCZ, Josef WEIDENHOLZER

Proposal for a regulation
Article 75 – paragraph 4

4. The Executive Director of CEPOL appointed on the basis of Article 11(1) of Decision 2005/681/JHA shall, for the remaining periods of his/her term of office, be assigned to the functions of the Deputy Executive Director of training of Europol. The other conditions of his/her contract remain unchanged. If the term of office ends after [the date of entry into force of this Regulation] but before [the date of application of this Regulation], he/she shall be extended automatically until one year after the date of application of this Regulation.deleted

2013/10/01
Committee: LIBE

Kinga GÖNCZ, Josef WEIDENHOLZER

Proposal for a regulation
Article 76 – paragraph 1

1. For each of the three budgetary years following the entry into force of this Regulation, at least EUR 8 million of the operational expenses of Europol shall be reserved for training, as described in Chapter III.deleted

2013/10/01
Committee: LIBE

Kinga GÖNCZ, Josef WEIDENHOLZER

Proposal for a regulation
Article 77 – paragraph 1

This Regulation replaces and repeals Decision 2009/371/JHA ~~and Decision 2005/681/JHA~~.

2013/10/01
Committee: LIBE

Kinga GÖNCZ, Josef WEIDENHOLZER

Proposal for a regulation
Article 78 – paragraph 1

1. All legislative measures implementing the Decisions 2009/371/JHA ~~and Decision 2005/681/JHA~~ are repealed with effect from the date of application of this Regulation.

2013/10/01
Committee: LIBE

Kinga GÖNCZ, Josef WEIDENHOLZER

Proposal for a regulation
Article 78 – paragraph 2

2. All non-legislative measures implementing Decision 2009/371/JHA which sets up the European Police Office (Europol) ~~and Decision 2005/681/JHA which sets up CEPOL~~ shall remain in force following the [date of application of this Regulation], unless otherwise decided by the Management Board of Europol in the implementation of this Regulation..

2013/10/01
Committee: LIBE

42 Amendments of Kinga GÖNCZ related to 2013/0091(COD)

ParlTrack - 2011-2024