BETA


2016/0808(CNS) Agreement on strategic cooperation between the Ministry of Public Security of the People's Republic of China and Europol

Progress: Awaiting final decision

RoleCommitteeRapporteurShadows
Lead LIBE MORAES Claude (icon: S&D S&D)
Committee Opinion AFET
Lead committee dossier:

Events

2016/10/04
   EP - Results of vote in Parliament
2016/10/04
   EP - Decision by Parliament, 1st reading/single reading
Details

The European Parliament adopted by 460 votes to 126, with 90 abstentions, a legislative resolution on the draft Council implementing decision approving the conclusion by the European Police Office (Europol) of the Agreement on Strategic Cooperation between the Ministry of Public Security of China and Europol.

In line with the recommendation made by the Committee on Civil Liberties, Justice and Home Affairs, Parliament approved the Council draft .

Member also called on the Commission to:

assess , after the date of application of the new Europol Regulation , the provisions contained in the cooperation agreement; inform Parliament and the Council of the outcome of this assessment and, if appropriate, to submit a recommendation for an authorisation to open the international renegotiation of the agreement.

Documents
2016/09/28
   EP - Committee report tabled for plenary, 1st reading/single reading
Details

The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Claude MORAES (S&D, UK) on the draft Council implementing decision approving the conclusion by the European Police Office (Europol) of the Agreement on Strategic Cooperation between the Ministry of Public Security of China and Europol.

The committee recommended the European Parliament to approve the Council draft .

Members called on the Commission to assess the provisions contained in the cooperation agreement , after the date of application of the new Europol Regulation . They also called on Commission to inform Parliament and the Council of the outcome of this assessment.

The explanatory memorandum accompanying the report stressed that there seems to be clear operational needs for Europol to cooperate with China.

According to Europol, China is increasingly relevant as a source-, destination- and transit-country in the fight against organized crime, such as facilitated illegal immigration, trafficking in human beings, drug related crimes, euro-counterfeiting, Intellectual Property Rights infringements, sport corruption, as well as cybercrime and money laundering related activities. Furthermore, China is home to several high-impact organised criminal groups.

Against this backdrop, the rapporteur supported the conclusion of this strategic cooperation agreement with China, since it would aid and reinforce the fight against organised crime and would contribute to enhancing international law enforcement co-operation.

Documents
2016/09/26
   EP - Vote in committee, 1st reading/single reading
2016/09/06
   EP - Committee draft report
Documents
2016/08/31
   EP - Responsible Committee
2016/06/22
   EP - Committee referral announced in Parliament, 1st reading/single reading
2016/05/20
   EC - Legislative proposal published
Details

PURPOSE: to approve the conclusion by the European Police Office (Europol) of the Agreement on Strategic Cooperation between the Ministry of Public Security of the People's Republic of China and Europol.

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: pursuant to Decision 2009/371/JHA and Decision 2009/934/JHA , Europol is to conclude agreements with the third States which have been put on the list determined by Decision 2009/935/JHA . Such agreements have the objective of supporting and strengthening action by the competent authorities of the Member States and their mutual cooperation in preventing and combating organised crime, terrorism and other forms of serious crime affecting two or more Member States, and may concern the exchange of operational, strategic or technical information, including personal data and classified information.

Strategic agreements involve the exchange of information excluding personal data , whereas operational agreements involve the exchange of information including personal data.

Strategic agreements may be concluded by Europol only after approval by the Council , the latter having previously consulted the Management Board of Europol ('Management Board'). Operational agreements require, in addition, that the Council obtain, via the Management Board, the opinion of the Joint Supervisory Body of Europol, as far as the agreement concerns the exchange of personal data.

China is included in the list determined by Decision 2009/935/JHA.

In order to increase effectiveness in preventing and combating serious forms of crime, Europol has initiated, in accordance with Decision 2009/934/JHA, the procedure for the conclusion of an Agreement on Strategic Cooperation between the Ministry of Public Security of the People's Republic of China and Europol ('Strategic Agreement').

The terms of the cooperation governed by the Strategic Agreement provide for: the exchange of information, which may, in accordance with the tasks of Europol as outlined in Decision 2009/371/JHA, include:

specialist knowledge, general situation reports, results of strategic analysis, information on criminal investigation procedures and information on crime-prevention methods, participation in training activities, the provision of advice and support in individual criminal investigations.

The Strategic Agreement contains no provision relating to the exchange of personal data .

The Management Board approved the Strategic Agreement on 8 April 2016.

The conditions for triggering the exercise of implementing powers by the Council pursuant to Decisions 2009/371/JHA, 2009/934/JHA and 2009/935/JHA have been met and an implementing decision should therefore be adopted in order to approve the conclusion of the Strategic Agreement.

This is the aim of this proposal.

CONTENT: under this proposal, it is provided that the Council adopt an implementing decision by which Europol is authorised to approve the Agreement on Strategic Cooperation between the Ministry of Public Security of the People's Republic of China and Europol.

Territorial provisions : Denmark is bound by Decision 2009/371/JHA and is therefore taking part in the adoption and application of this Decision which implements Decision 2009/371/JHA.

The United Kingdom and Ireland are bound by Decision 2009/371/JHA and are therefore taking part in the adoption and application of this Decision which implements Decision 2009/371/JHA.

Documents
2016/04/19
   CSL - Document attached to the procedure
Documents

Documents

Activities

Votes

A8-0265/2016 - Claude Moraes - Résolution législative

2016/10/04 Outcome: +: 460, -: 126, 0: 90
IT DE PL RO HU ES CZ BE PT SK FR BG AT EL MT LV NL DK HR SE SI FI GB LT EE CY LU IE
Total
68
91
49
27
17
46
19
19
21
12
69
13
17
21
6
7
24
11
9
18
8
12
54
9
6
6
5
10
icon: PPE PPE
197

Denmark PPE

For (1)

1

Finland PPE

2

Lithuania PPE

1

Estonia PPE

For (1)

1

Cyprus PPE

1

Luxembourg PPE

3
icon: S&D S&D
178

Malta S&D

3

Latvia S&D

1

Netherlands S&D

3

Croatia S&D

2

Slovenia S&D

For (1)

1

Estonia S&D

For (1)

1

Cyprus S&D

2

Ireland S&D

For (1)

1
icon: ECR ECR
54

Italy ECR

2

Romania ECR

For (1)

1

Czechia ECR

1

Bulgaria ECR

1

Greece ECR

Abstain (1)

1

Latvia ECR

For (1)

1

Netherlands ECR

2

Croatia ECR

For (1)

1
2

Cyprus ECR

1
icon: ALDE ALDE
64

Romania ALDE

For (1)

Abstain (1)

2

Portugal ALDE

Abstain (1)

2

Austria ALDE

Abstain (1)

1

Latvia ALDE

1

Denmark ALDE

2

Croatia ALDE

2

Slovenia ALDE

Abstain (1)

1

United Kingdom ALDE

Abstain (1)

1

Estonia ALDE

For (1)

Abstain (2)

3

Luxembourg ALDE

Abstain (1)

1

Ireland ALDE

Abstain (1)

1
icon: NI NI
13

Germany NI

For (1)

Against (1)

2

Poland NI

Abstain (1)

1

France NI

1

United Kingdom NI

For (1)

1
icon: EFDD EFDD
41

Germany EFDD

Abstain (1)

1

Poland EFDD

1

Czechia EFDD

Against (1)

1

France EFDD

1

Sweden EFDD

2

Lithuania EFDD

For (1)

1
icon: ENF ENF
33

Germany ENF

For (1)

1

Poland ENF

Against (1)

1

Austria ENF

For (1)

4

Netherlands ENF

3
icon: GUE/NGL GUE/NGL
49

Italy GUE/NGL

Abstain (1)

3

Czechia GUE/NGL

2

Netherlands GUE/NGL

Against (1)

3

Denmark GUE/NGL

Against (1)

1

Sweden GUE/NGL

Against (1)

1

Finland GUE/NGL

Against (1)

1

United Kingdom GUE/NGL

Against (1)

1

Cyprus GUE/NGL

2
4
icon: Verts/ALE Verts/ALE
45

Hungary Verts/ALE

Abstain (1)

1
3

Belgium Verts/ALE

2

Austria Verts/ALE

Against (2)

2

Latvia Verts/ALE

Against (1)

1

Netherlands Verts/ALE

Against (1)

1

Denmark Verts/ALE

Against (1)

1

Croatia Verts/ALE

Against (1)

1

Sweden Verts/ALE

4

Slovenia Verts/ALE

Against (1)

1

Finland Verts/ALE

Against (1)

1

United Kingdom Verts/ALE

5

Lithuania Verts/ALE

Against (1)

1

Estonia Verts/ALE

Against (1)

1

Luxembourg Verts/ALE

Against (1)

1

History

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

activities
  • date
    2016-05-20T00:00:00
    docs
    • url
      http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=8364%2F16&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC
      text
      • PURPOSE: to approve the conclusion by the European Police Office (Europol) of the Agreement on Strategic Cooperation between the Ministry of Public Security of the People's Republic of China and Europol.

        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: pursuant to Decision 2009/371/JHA and Decision 2009/934/JHA, Europol is to conclude agreements with the third States which have been put on the list determined by Decision 2009/935/JHA. Such agreements have the objective of supporting and strengthening action by the competent authorities of the Member States and their mutual cooperation in preventing and combating organised crime, terrorism and other forms of serious crime affecting two or more Member States, and may concern the exchange of operational, strategic or technical information, including personal data and classified information.

        Strategic agreements involve the exchange of information excluding personal data, whereas operational agreements involve the exchange of information including personal data.

        Strategic agreements may be concluded by Europol only after approval by the Council, the latter having previously consulted the Management Board of Europol ('Management Board'). Operational agreements require, in addition, that the Council obtain, via the Management Board, the opinion of the Joint Supervisory Body of Europol, as far as the agreement concerns the exchange of personal data.

        China is included in the list determined by Decision 2009/935/JHA.

        In order to increase effectiveness in preventing and combating serious forms of crime, Europol has initiated, in accordance with Decision 2009/934/JHA, the procedure for the conclusion of an Agreement on Strategic Cooperation between the Ministry of Public Security of the People's Republic of China and Europol ('Strategic Agreement').

        The terms of the cooperation governed by the Strategic Agreement provide for: the exchange of information, which may, in accordance with the tasks of Europol as outlined in Decision 2009/371/JHA, include:

        • specialist knowledge,
        • general situation reports,
        • results of strategic analysis,
        • information on criminal investigation procedures and information on crime-prevention methods,
        • participation in training activities,
        • the provision of advice and support in individual criminal investigations.

        The Strategic Agreement contains no provision relating to the exchange of personal data.

        The Management Board approved the Strategic Agreement on 8 April 2016.

        The conditions for triggering the exercise of implementing powers by the Council pursuant to Decisions 2009/371/JHA, 2009/934/JHA and 2009/935/JHA have been met and an implementing decision should therefore be adopted in order to approve the conclusion of the Strategic Agreement.

        This is the aim of this proposal.

        CONTENT: under this proposal, it is provided that the Council adopt an implementing decision by which Europol is authorised to approve the Agreement on Strategic Cooperation between the Ministry of Public Security of the People's Republic of China and Europol.

        Territorial provisions: Denmark is bound by Decision 2009/371/JHA and is therefore taking part in the adoption and application of this Decision which implements Decision 2009/371/JHA.

        The United Kingdom and Ireland are bound by Decision 2009/371/JHA and are therefore taking part in the adoption and application of this Decision which implements Decision 2009/371/JHA.

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      • The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Claude MORAES (S&D, UK) on the draft Council implementing decision approving the conclusion by the European Police Office (Europol) of the Agreement on Strategic Cooperation between the Ministry of Public Security of China and Europol.

        The committee recommended the European Parliament to approve the Council draft.

        Members called on the Commission to assess the provisions contained in the cooperation agreement, after the date of application of the new Europol Regulation. They also called on Commission to inform Parliament and the Council of the outcome of this assessment.

        The explanatory memorandum accompanying the report stressed that there seems to be clear operational needs for Europol to cooperate with China.

        According to Europol, China is increasingly relevant as a source-, destination- and transit-country in the fight against organized crime, such as facilitated illegal immigration, trafficking in human beings, drug related crimes, euro-counterfeiting, Intellectual Property Rights infringements, sport corruption, as well as cybercrime and money laundering related activities. Furthermore, China is home to several high-impact organised criminal groups.

        Against this backdrop, the rapporteur supported the conclusion of this strategic cooperation agreement with China, since it would aid and reinforce the fight against organised crime and would contribute to enhancing international law enforcement co-operation.

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  • The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Claude MORAES (S&D, UK) on the draft Council implementing decision approving the conclusion by the European Police Office (Europol) of the Agreement on Strategic Cooperation between the Ministry of Public Security of China and Europol.

    The committee recommended the European Parliament to approve the Council draft.

    Members called on the Commission to assess the provisions contained in the cooperation agreement, after the date of application of the new Europol Regulation. They also called on Commission to inform Parliament and the Council of the outcome of this assessment.

    The explanatory memorandum accompanying the report stressed that there seems to be clear operational needs for Europol to cooperate with China.

    According to Europol, China is increasingly relevant as a source-, destination- and transit-country in the fight against organized crime, such as facilitated illegal immigration, trafficking in human beings, drug related crimes, euro-counterfeiting, Intellectual Property Rights infringements, sport corruption, as well as cybercrime and money laundering related activities. Furthermore, China is home to several high-impact organised criminal groups.

    Against this backdrop, the rapporteur supported the conclusion of this strategic cooperation agreement with China, since it would aid and reinforce the fight against organised crime and would contribute to enhancing international law enforcement co-operation.

activities/4/docs/0/text
  • The European Parliament adopted by 460 votes to 126, with 90 abstentions, a legislative resolution on the draft Council implementing decision approving the conclusion by the European Police Office (Europol) of the Agreement on Strategic Cooperation between the Ministry of Public Security of China and Europol.

    In line with the recommendation made by the Committee on Civil Liberties, Justice and Home Affairs, Parliament approved the Council draft.

    Member also called on the Commission to:

    • assess, after the date of application of the new Europol Regulation, the provisions contained in the cooperation agreement;
    • inform Parliament and the Council of the outcome of this assessment and, if appropriate, to submit a recommendation for an authorisation to open the international renegotiation of the agreement.
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  • PURPOSE: to approve the conclusion by the European Police Office (Europol) of the Agreement on Strategic Cooperation between the Ministry of Public Security of the People's Republic of China and Europol.

    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: pursuant to Decision 2009/371/JHA and Decision 2009/934/JHA, Europol is to conclude agreements with the third States which have been put on the list determined by Decision 2009/935/JHA. Such agreements have the objective of supporting and strengthening action by the competent authorities of the Member States and their mutual cooperation in preventing and combating organised crime, terrorism and other forms of serious crime affecting two or more Member States, and may concern the exchange of operational, strategic or technical information, including personal data and classified information.

    Strategic agreements involve the exchange of information excluding personal data, whereas operational agreements involve the exchange of information including personal data.

    Strategic agreements may be concluded by Europol only after approval by the Council, the latter having previously consulted the Management Board of Europol ('Management Board'). Operational agreements require, in addition, that the Council obtain, via the Management Board, the opinion of the Joint Supervisory Body of Europol, as far as the agreement concerns the exchange of personal data.

    China is included in the list determined by Decision 2009/935/JHA.

    In order to increase effectiveness in preventing and combating serious forms of crime, Europol has initiated, in accordance with Decision 2009/934/JHA, the procedure for the conclusion of an Agreement on Strategic Cooperation between the Ministry of Public Security of the People's Republic of China and Europol ('Strategic Agreement').

    The terms of the cooperation governed by the Strategic Agreement provide for: the exchange of information, which may, in accordance with the tasks of Europol as outlined in Decision 2009/371/JHA, include:

    • specialist knowledge,
    • general situation reports,
    • results of strategic analysis,
    • information on criminal investigation procedures and information on crime-prevention methods,
    • participation in training activities,
    • the provision of advice and support in individual criminal investigations.

    The Strategic Agreement contains no provision relating to the exchange of personal data.

    The Management Board approved the Strategic Agreement on 8 April 2016.

    The conditions for triggering the exercise of implementing powers by the Council pursuant to Decisions 2009/371/JHA, 2009/934/JHA and 2009/935/JHA have been met and an implementing decision should therefore be adopted in order to approve the conclusion of the Strategic Agreement.

    This is the aim of this proposal.

    CONTENT: under this proposal, it is provided that the Council adopt an implementing decision by which Europol is authorised to approve the Agreement on Strategic Cooperation between the Ministry of Public Security of the People's Republic of China and Europol.

    Territorial provisions: Denmark is bound by Decision 2009/371/JHA and is therefore taking part in the adoption and application of this Decision which implements Decision 2009/371/JHA.

    The United Kingdom and Ireland are bound by Decision 2009/371/JHA and are therefore taking part in the adoption and application of this Decision which implements Decision 2009/371/JHA.

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      committee_full
      Civil Liberties, Justice and Home Affairs
      committee
      LIBE
    links
    other
      procedure
      reference
      2016/0808(CNS)
      instrument
      Decision
      geographical_area
      • China
      stage_reached
      Preparatory phase in Parliament
      subtype
      Legislation
      title
      Agreement on strategic cooperation between the Ministry of Public Security of the People's Republic of China and Europol. Implementing decision
      type
      CNS - Consultation procedure
      subject