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.