PURPOSE: to amend Decision 2009/935/JHA as regards the list of third States and organisations with which Europol shall conclude agreements.

LEGISLATIVE AGREEMENT: Council Implementing Decision 2014/269/EU amending Decision 2009/935/JHA as regards the list of third States and organisations with which Europol shall conclude agreements.

BACKGROUND: it is for the Council to determine, pursuant to point (a) of Article 26(1) of Decision 2009/371/JHA , the list of the third States and organisations with which Europol shall conclude agreements.

At its meeting of 3-4 October 2012, Europol's Management Board decided to recommend to the Council to add certain third States to the list , outlining the operational need to do so.

Given that it is most important that Europol initiate the procedure for the conclusion of a cooperation agreement giving priority to Georgia , given the commitments in the framework of the Eastern Partnership established in 2009, it is necessary to amend Decision 2009/935/JHA accordingly.

CONTENT: under this Council Decision, the Council amended the list of third States and organisations with which Europol shall conclude agreements, as set in Decision 2009/935/JHA. The list shall include the following new entries:

· Brazil

· Georgia

· Mexico

· United Arab Emirates.

ENTRY INTO FORCE: 14.05.2014.

The European Parliament adopted by 679 votes to 11, with 4 abstentions, a legislative resolution, in the context of a special legislative procedure (European Parliament consultation), on the draft Council decision amending Decision 2009/935/JHA as regards the list of third States and organisations with which Europol shall conclude agreements.

Parliament rejected the draft Council decision . They called on the Council not to adopt the decision, as the Commission recently proposed a new regulation for Europol under which the provisions and the procedure for concluding agreements with third States and organisations are to be modified.

Therefore, it considered that there should not be any amendments to the measures implementing Decision 2009/371/JHA .

Parliament called on the Director and the Management Board of Europol to refrain, in the event of the draft Council decision being adopted, from starting any negotiations on operational agreements with any of the countries listed in it since the level of data protection is inadequate in some of the countries listed in the draft Council decision (the following third states should be added to the Annex to Decision 2009/935/JHA: Brazil, Georgia, Mexico, United Arab Emirates) and the basic right to protection of personal data cannot be ensured.

It stressed that robust safeguards to protect privacy and fundamental rights must be guaranteed where any personal data are exchanged with third States or international organisations.

The Committee on Civil Liberties, Justice and Home Affairs adopted, in the framework of a special legislative procedure (Parliament’s consultation), the report by Philip CLAEYS (NI, BE) on the draft Council decision amending Decision 2009/935/JHA as regards the list of third States and organisations with which Europol shall conclude agreements.

It suggested that the European Parliament reject the draft Council decision . It called on the Council not to adopt the decision, as the Commission recently proposed a new regulation for Europol to be adopted according to the ordinary legislative procedure and under which the provisions and the procedure for concluding agreements with third States and organisations are to be modified.

Therefore, there should not be any amendments to the measures implementing Decision 2009/371/JHA.

Members also called on the Director and the Management Board of Europol to refrain, in the event of the draft Council decision being adopted, from starting any negotiations on operational agreements with any of the countries listed in it since the level of data protection is inadequate in some of the countries listed in the draft Council decision (the following third states should be added to the Annex to Decision 2009/935/JHA: Brazil, Georgia, Mexico, United Arab Emirates) and the basic right to protection of personal data cannot be ensured.

Lastly, Members stressed that robust safeguards to protect privacy and fundamental rights must be guaranteed where any personal data are exchanged with third States or international organisations.

PURPOSE: to amend Decision 2009/935/JHA as regards the list of third States and organisations with which Europol shall conclude agreements.

PROPOSED ACT: Council Decision.

BACKGROUND: it is for the Council to determine, pursuant to point (a) of Article 26(1) of Decision 2009/371/JHA , the list of the third States and organisations with which Europol shall conclude agreements. The list is set out in the Annex to Decision 2009/935/JHA.

It is for Europol's Management Board to review when necessary the list and to decide whether to propose to the Council amendments thereto.

At its meeting of 3-4 October 2012, Europol's Management Board decided to recommend to the Council to add certain third States to the list, outlining the operational need to do so.

It is now necessary to recommend the extension of the list in question in order to insert a number of new countries.

CONTENT: under this proposed Council Decision, it is provided to amend the list of third States and organisations with which Europol shall conclude agreements, as set in Decision 2009/935/JHA. The list shall include the following new entries:

Brazil Georgia Mexico United Arab Emirates.

PURPOSE: to amend Decision 2009/935/JHA as regards the list of third States and organisations with which Europol shall conclude agreements.

PROPOSED ACT: Council Decision.

BACKGROUND: it is for the Council to determine, pursuant to point (a) of Article 26(1) of Decision 2009/371/JHA , the list of the third States and organisations with which Europol shall conclude agreements. The list is set out in the Annex to Decision 2009/935/JHA.

It is for Europol's Management Board to review when necessary the list and to decide whether to propose to the Council amendments thereto.

At its meeting of 3-4 October 2012, Europol's Management Board decided to recommend to the Council to add certain third States to the list, outlining the operational need to do so.

It is now necessary to recommend the extension of the list in question in order to insert a number of new countries.

CONTENT: under this proposed Council Decision, it is provided to amend the list of third States and organisations with which Europol shall conclude agreements, as set in Decision 2009/935/JHA. The list shall include the following new entries:

Brazil Georgia Mexico United Arab Emirates.