BETA


2015/0811(CNS) Memorandum of Understanding between the Office for Harmonisation in the Internal Market and Eurojust

Progress: Awaiting final decision

RoleCommitteeRapporteurShadows
Lead JURI CHRYSOGONOS Kostas (icon: GUE/NGL GUE/NGL) CAVADA Jean-Marie (icon: ALDE ALDE)
Committee Opinion ITRE
Committee Opinion IMCO
Committee Opinion CULT
Committee Opinion LIBE
Lead committee dossier:

Events

2015/12/15
   EP - Results of vote in Parliament
2015/12/15
   EP - Decision by Parliament, 1st reading/single reading
Details

The European Parliament adopted by 571 votes to 59, with 56 abstentions, a legislative resolution on the draft Council implementing decision approving the conclusion by Eurojust of the Memorandum of Understanding between the Office for Harmonisation in the Internal Market and Eurojust.

Parliament approved the Council draft under the Parliament’s consultation procedure.

To recall, the draft implementing decision in question formalises the conclusion by Eurojust of the Memorandum of Understanding between the Office for Harmonisation in the Internal Market (OHIM). The purpose of the Memorandum of Understanding (MoU) is to foster cooperation between Eurojust and OHIM in compliance with their respective mandates.

Documents
2015/12/07
   EP - Committee report tabled for plenary, 1st reading/single reading
Details

The Committee on Legal Affairs adopted, in the framework of a special legislative procedure (Parliament’s consultation), the report by Kostas CHRYSOGONOS (GUE/NGL, EL) on the draft Council implementing decision approving the conclusion by Eurojust of the Memorandum of Understanding between the Office for Harmonisation in the Internal Market and Eurojust.

The Committee on Legal Affairs recommended the European Parliament to approve the Council draft aiming to formalise the conclusion by Eurojust of the Memorandum of Understanding between the Office for Harmonisation in the Internal Market (OHIM), for which the Committee on Legal Affairs is responsible.

The purpose of the Memorandum of Understanding (MoU) is to foster cooperation between Eurojust and OHIM in compliance with their respective mandates.

The explanatory statement accompanying the report highlighted a provision which is particularly worthy of attention is Article 3(5) of the MoU, whereby the exchange of information or experience provided for in this MoU shall not include the transmission of operational information including data relating to an identified or identifiable person. The Rapporteur fully endorsed this approach and called on the Council to be vigilant of the implementation in practice of the data protection guarantee.

Another interesting provision is Article 6 on settlement of disputes which: (i) stipulates that disputes related to the interpretation or application of the MoU must be settled by means of consultations and negotiations between representatives of Eurojust and OHIM, thus excluding the arbitration of any third party; (ii) lays down that in the event of serious failing to comply with the provisions of the MoU, or if Eurojust or OHIM is of the view that such failing may occur in the near future, either of them may suspend the application of the MoU temporarily, pending the consultations and negotiations.

Documents
2015/12/03
   EP - Vote in committee, 1st reading/single reading
2015/10/27
   EP - Committee draft report
Documents
2015/10/23
   EP - Responsible Committee
2015/10/14
   EP - Committee referral announced in Parliament, 1st reading/single reading
2015/10/01
   EC - Legislative proposal published
Details

PURPOSE: to approve the conclusion by Eurojust of the Memorandum of Understanding between the Office for Harmonisation in the Internal Market and Eurojust.

PROPOSED ACT: Council Implementing Decision.

ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion.

BACKGROUND: Decision 2002/187/JHA provides that Eurojust may conclude agreements or working arrangements with the institutions, bodies and agencies set up by, or on the basis of, the Treaties. Such agreements or working arrangements may, in particular, concern the exchange of information, including personal data, and the secondment of liaison officers to Eurojust. Such agreements or working arrangements may only be concluded after consultation by Eurojust with the Joint Supervisory Body concerning the provisions on data protection and after the approval by the Council.

In order to strengthen its capacity to work with the Office for Harmonisation in the Internal Market established by Council Regulation (EC) No 207/2009 , Eurojust has negotiated a Memorandum of Understanding between the Office for Harmonisation in the Internal Market and Eurojust.

The Memorandum was approved by the College of Eurojust on 19 May 2015.

CONTENT: in accordance with the draft implementing Decision, Eurojust is authorised to conclude the Memorandum of Understanding between the Office for Harmonisation in the Internal Market and Eurojust .

Denmark, the United Kingdom and Ireland shall take part in the adoption and application of this Decision.

Documents

Documents

Activities

Votes

A8-0353/2015 - Kostas Chrysogonos - Vote unique

2015/12/15 Outcome: +: 571, -: 59, 0: 56
DE IT ES PL RO FR BE HU GB CZ NL EL BG PT SK DK SE FI AT HR LT LV SI EE CY MT LU IE
Total
81
66
44
47
31
66
21
20
71
19
23
20
14
20
13
13
19
12
17
10
10
8
8
6
6
5
4
10
icon: PPE PPE
195

Denmark PPE

For (1)

1

Lithuania PPE

1

Estonia PPE

For (1)

1

Luxembourg PPE

2
icon: S&D S&D
182

Netherlands S&D

3

Croatia S&D

2

Latvia S&D

1

Slovenia S&D

For (1)

1

Estonia S&D

For (1)

1

Cyprus S&D

2

Malta S&D

3

Luxembourg S&D

For (1)

1

Ireland S&D

For (1)

1
icon: ALDE ALDE
64

Romania ALDE

3

United Kingdom ALDE

1

Bulgaria ALDE

2

Denmark ALDE

3

Austria ALDE

For (1)

1

Croatia ALDE

2

Latvia ALDE

1

Slovenia ALDE

For (1)

1

Estonia ALDE

3

Luxembourg ALDE

For (1)

1

Ireland ALDE

For (1)

1
icon: ECR ECR
70

Italy ECR

2

Romania ECR

For (1)

1

Czechia ECR

2

Netherlands ECR

2

Greece ECR

Against (1)

1

Bulgaria ECR

1
2

Croatia ECR

For (1)

1

Lithuania ECR

1

Latvia ECR

For (1)

1
icon: GUE/NGL GUE/NGL
43

France GUE/NGL

Abstain (1)

3

United Kingdom GUE/NGL

Against (1)

1

Czechia GUE/NGL

2

Netherlands GUE/NGL

3

Portugal GUE/NGL

3

Denmark GUE/NGL

Abstain (1)

1

Sweden GUE/NGL

Abstain (1)

1

Finland GUE/NGL

For (1)

1

Cyprus GUE/NGL

2

Ireland GUE/NGL

Abstain (1)

4
icon: NI NI
12

Germany NI

Abstain (1)

2

Poland NI

Against (1)

1

France NI

1

United Kingdom NI

For (1)

1
icon: Verts/ALE Verts/ALE
44
3

Belgium Verts/ALE

2

Hungary Verts/ALE

2

United Kingdom Verts/ALE

6

Netherlands Verts/ALE

Abstain (1)

1

Denmark Verts/ALE

For (1)

1

Sweden Verts/ALE

3

Finland Verts/ALE

Abstain (1)

1

Austria Verts/ALE

3

Lithuania Verts/ALE

Abstain (1)

1

Latvia Verts/ALE

Abstain (1)

1

Slovenia Verts/ALE

Abstain (1)

1

Estonia Verts/ALE

For (1)

1
icon: EFDD EFDD
41

Poland EFDD

1

France EFDD

1

Czechia EFDD

Against (1)

1

Sweden EFDD

2

Lithuania EFDD

For (1)

1
icon: ENF ENF
33

Poland ENF

2

Romania ENF

Abstain (1)

1

Belgium ENF

Abstain (1)

1

United Kingdom ENF

Against (1)

1

Netherlands ENF

3

Austria ENF

3

History

(these mark the time of scraping, not the official date of the change)

activities
  • date
    2015-10-01T00:00:00
    docs
    • url
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      text
      • PURPOSE: to approve the conclusion by Eurojust of the Memorandum of Understanding between the Office for Harmonisation in the Internal Market and Eurojust.

        PROPOSED ACT: Council Implementing Decision.

        ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion.

        BACKGROUND: Decision 2002/187/JHA provides that Eurojust may conclude agreements or working arrangements with the institutions, bodies and agencies set up by, or on the basis of, the Treaties. Such agreements or working arrangements may, in particular, concern the exchange of information, including personal data, and the secondment of liaison officers to Eurojust. Such agreements or working arrangements may only be concluded after consultation by Eurojust with the Joint Supervisory Body concerning the provisions on data protection and after the approval by the Council.

        In order to strengthen its capacity to work with the Office for Harmonisation in the Internal Market established by Council Regulation (EC) No 207/2009, Eurojust has negotiated a Memorandum of Understanding between the Office for Harmonisation in the Internal Market and Eurojust.

        The Memorandum was approved by the College of Eurojust on 19 May 2015.

        CONTENT: in accordance with the draft implementing Decision, Eurojust is authorised to conclude the Memorandum of Understanding between the Office for Harmonisation in the Internal Market and Eurojust.

        Denmark, the United Kingdom and Ireland shall take part in the adoption and application of this Decision.

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      • The Committee on Legal Affairs adopted, in the framework of a special legislative procedure (Parliament’s consultation), the report by Kostas CHRYSOGONOS (GUE/NGL, EL) on the draft Council implementing decision approving the conclusion by Eurojust of the Memorandum of Understanding between the Office for Harmonisation in the Internal Market and Eurojust.

        The Committee on Legal Affairs recommended the European Parliament to approve the Council draft aiming to formalise the conclusion by Eurojust of the Memorandum of Understanding between the Office for Harmonisation in the Internal Market (OHIM), for which the Committee on Legal Affairs is responsible.

        The purpose of the Memorandum of Understanding (MoU) is to foster cooperation between Eurojust and OHIM in compliance with their respective mandates.

        The explanatory statement accompanying the report highlighted a provision which is particularly worthy of attention is Article 3(5) of the MoU, whereby the exchange of information or experience provided for in this MoU shall not include the transmission of operational information including data relating to an identified or identifiable person. The Rapporteur fully endorsed this approach and called on the Council to be vigilant of the implementation in practice of the data protection guarantee.

        Another interesting provision is Article 6 on settlement of disputes which: (i) stipulates that disputes related to the interpretation or application of the MoU must be settled by means of consultations and negotiations between representatives of Eurojust and OHIM, thus excluding the arbitration of any third party; (ii) lays down that in the event of serious failing to comply with the provisions of the MoU, or if Eurojust or OHIM is of the view that such failing may occur in the near future, either of them may suspend the application of the MoU temporarily, pending the consultations and negotiations.

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  • The Committee on Legal Affairs adopted, in the framework of a special legislative procedure (Parliament’s consultation), the report by Kostas CHRYSOGONOS (GUE/NGL, EL) on the draft Council implementing decision approving the conclusion by Eurojust of the Memorandum of Understanding between the Office for Harmonisation in the Internal Market and Eurojust.

    The Committee on Legal Affairs recommended the European Parliament to approve the Council draft aiming to formalise the conclusion by Eurojust of the Memorandum of Understanding between the Office for Harmonisation in the Internal Market (OHIM), for which the Committee on Legal Affairs is responsible.

    The purpose of the Memorandum of Understanding (MoU) is to foster cooperation between Eurojust and OHIM in compliance with their respective mandates.

    The explanatory statement accompanying the report highlighted a provision which is particularly worthy of attention is Article 3(5) of the MoU, whereby the exchange of information or experience provided for in this MoU shall not include the transmission of operational information including data relating to an identified or identifiable person. The Rapporteur fully endorsed this approach and called on the Council to be vigilant of the implementation in practice of the data protection guarantee.

    Another interesting provision is Article 6 on settlement of disputes which: (i) stipulates that disputes related to the interpretation or application of the MoU must be settled by means of consultations and negotiations between representatives of Eurojust and OHIM, thus excluding the arbitration of any third party; (ii) lays down that in the event of serious failing to comply with the provisions of the MoU, or if Eurojust or OHIM is of the view that such failing may occur in the near future, either of them may suspend the application of the MoU temporarily, pending the consultations and negotiations.

activities/4/docs/0/text
  • The European Parliament adopted by 571 votes to 59, with 56 abstentions, a legislative resolution on the draft Council implementing decision approving the conclusion by Eurojust of the Memorandum of Understanding between the Office for Harmonisation in the Internal Market and Eurojust.

    Parliament approved the Council draft under the Parliament’s consultation procedure.

    To recall, the draft implementing decision in question formalises the conclusion by Eurojust of the Memorandum of Understanding between the Office for Harmonisation in the Internal Market (OHIM). The purpose of the Memorandum of Understanding (MoU) is to foster cooperation between Eurojust and OHIM in compliance with their respective mandates.

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  • PURPOSE: to approve the conclusion by Eurojust of the Memorandum of Understanding between the Office for Harmonisation in the Internal Market and Eurojust.

    PROPOSED ACT: Council Implementing Decision.

    ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion.

    BACKGROUND: Decision 2002/187/JHA provides that Eurojust may conclude agreements or working arrangements with the institutions, bodies and agencies set up by, or on the basis of, the Treaties. Such agreements or working arrangements may, in particular, concern the exchange of information, including personal data, and the secondment of liaison officers to Eurojust. Such agreements or working arrangements may only be concluded after consultation by Eurojust with the Joint Supervisory Body concerning the provisions on data protection and after the approval by the Council.

    In order to strengthen its capacity to work with the Office for Harmonisation in the Internal Market established by Council Regulation (EC) No 207/2009, Eurojust has negotiated a Memorandum of Understanding between the Office for Harmonisation in the Internal Market and Eurojust.

    The Memorandum was approved by the College of Eurojust on 19 May 2015.

    CONTENT: in accordance with the draft implementing Decision, Eurojust is authorised to conclude the Memorandum of Understanding between the Office for Harmonisation in the Internal Market and Eurojust.

    Denmark, the United Kingdom and Ireland shall take part in the adoption and application of this Decision.

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