BETA


2016/0823(CNS) Europol agreements: cooperation with Denmark

Progress: Awaiting final decision

RoleCommitteeRapporteurShadows
Lead LIBE DÍAZ DE MERA GARCÍA CONSUEGRA Agustín (icon: PPE PPE) CHINNICI Caterina (icon: S&D S&D), VISTISEN Anders Primdahl (icon: ECR ECR), PETERSEN Morten (icon: ALDE ALDE), ERNST Cornelia (icon: GUE/NGL GUE/NGL), TERRICABRAS Josep-Maria (icon: Verts/ALE Verts/ALE), VON STORCH Beatrix (icon: EFDD EFDD), FONTANA Lorenzo (icon: ENF ENF)
Committee Opinion BUDG
Committee Opinion CONT
Committee Opinion AFCO
Lead committee dossier:

Events

2017/02/14
   EP - Results of vote in Parliament
2017/02/14
   EP - Decision by Parliament, 1st reading/single reading
Details

The European Parliament adopted by 632 votes to 10, with 51 abstentions, following a special legislative procedure (Parliament’s consultation), a legislative resolution on the draft Council implementing decision amending Decision 2009/935/JHA as regards the list of third States and organisations with which Europol shall conclude agreements.

As a reminder, the Council draft seeks to amend Council Decision 2009/935/JHA which determines the list of third States and organisations with which Europol shall conclude agreements.

In line with its Committee on Civil Liberties, Justice and Home Affairs, Parliament approved, unamended, the Council draft .

The Council is called on to provide, within the provisions of the future arrangement between Europol and Denmark, for an expiry date of five years after the date of entry into force thereof, in order to ensure its transitional nature with a view to full membership or the conclusion of an international agreement in accordance with Article 218 TFEU.

Documents
2017/02/09
   EP - Vote in committee, 1st reading/single reading
2017/02/09
   EP - Committee report tabled for plenary, 1st reading/single reading
Details

The Committee on Civil Liberties, Justice and Home Affairs adopted, following a special legislative procedure (Parliament’s consultations), the report by Agustín DÍAZ DE MERA GARCÍA CONSUEGRA (EPP, ES) on the draft Council implementing decision amending Decision 2009/935/JHA as regards the list of third States and organisations with which Europol shall conclude agreements.

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

In the explanatory memorandum, it is recalled that Denmark is currently fully participating in Europol, which operates under the existing Council Decision (2009/371/JHA). However, the new Europol Regulation , which will apply on 1 May 2017, on which date the existing Europol Council Decision will automatically be repealed. This means that by 1 May 2017, Denmark will not anymore be part of Europol and will not be able to participate in its activities, consult its databases or exchange data with it.

Following the negative outcome of the 2015 referendum on converting its current inflexible opt-out on Justice and Home Affairs matters in Protocol No 22 into a more flexible selective opt-in, the Danish authorities and the European Institutions in order to seek ways for Denmark to be as closely as possible associated to Europol.

These informal discussions led to a joint statement on 15 December 2016 by the President of the European Council, the President of the European Commission and the Prime Minister of Denmark in which it is proposed that Denmark be associated to Europol in the form of an operational cooperation agreement. In order to avoid any operational gaps, this cooperation agreement would need to be concluded between Europol and Denmark before 1 May 2017.

Combatting cross-border serious and organised crime and international terrorism within the Union, necessitates close cooperation and the sharing of data between all European countries.

A sudden departure of Denmark from Europol without a smooth transition regime into some form of an association between Denmark and Europol, could lead to operational gaps and reduce the EU’s capacity to effectively fight organised crime and terrorism.

It is therefore important to ensure a sufficient level of operational cooperation between Denmark and Europol including the exchange of relevant personal data, subject to adequate safeguards and data protection.

Documents
2017/02/07
   EP - Amendments tabled in committee
Documents
2017/01/30
   EP - DÍAZ DE MERA GARCÍA CONSUEGRA Agustín (PPE) appointed as rapporteur in LIBE
2017/01/26
   EP - Committee draft report
Documents
2017/01/16
   EP - Committee referral announced in Parliament, 1st reading/single reading
2017/01/05
   EC - Legislative proposal published
Details

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 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: Council Decision 2009/371/JHA establishing the European Police Office (Europol) confers on the Council implementing powers to determine the list of third States and organisations with which Europol is to conclude agreements. That list is set out in the Annex to Decision 2009/935/JHA .

The new Regulation (EU) 2016/794 of the European Parliament and of the Council on the European Union Agency for Law Enforcement Cooperation (Europol) will apply from 1 May 2017.

Pursuant to Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, Denmark is not bound by the Europol Regulation or subject to its application. Therefore, as of 1 May 2017, Denmark will be regarded as a third country with respect to Europol.

Given the importance attached by all sides to preventing and combating serious crime affecting two or more Member States, terrorism and forms of crime which affect a common interest covered by a Union policy, it is important to ensure cooperation between Europol and Denmark on key matters so as to enhance the Union’s resilience to security threats.

In order to avoid an operational gap as of 1 May 2017 , when Denmark will no longer participate in Europol as a Member State, it is most important that Europol initiate the procedure for the conclusion of a cooperation agreement with Denmark as a third country without delay.

CONTENT: it is proposed to amend Decision 2009/935/JHA to insert Denmark in the list of third States with which Europol shall conclude agreements.

Documents

Documents

Votes

A8-0035/2017 - Agustín Díaz de Mera García Consuegra - § 4

2017/02/14 Outcome: +: 515, -: 123, 0: 53
DE FR IT ES RO SE HU AT BG PT BE CZ PL HR LT FI SI NL LU LV EE MT SK GB DK EL IE CY
Total
90
71
64
50
30
18
20
18
16
21
20
20
50
11
10
12
8
25
6
8
6
6
12
52
11
20
10
6
icon: PPE PPE
208

Luxembourg PPE

3

Estonia PPE

For (1)

1

Denmark PPE

For (1)

1

Cyprus PPE

1
icon: S&D S&D
173

Belgium S&D

3

Croatia S&D

2

Slovenia S&D

For (1)

1

Netherlands S&D

3

Luxembourg S&D

For (1)

1

Latvia S&D

1

Estonia S&D

For (1)

1

Malta S&D

3

Ireland S&D

For (1)

1

Cyprus S&D

2
icon: ALDE ALDE
66

Romania ALDE

3

Austria ALDE

For (1)

1

Portugal ALDE

1

Croatia ALDE

2

Slovenia ALDE

For (1)

1

Luxembourg ALDE

For (1)

1

Latvia ALDE

1

Estonia ALDE

3

United Kingdom ALDE

1

Denmark ALDE

For (1)

Abstain (1)

2

Ireland ALDE

For (1)

1
icon: Verts/ALE Verts/ALE
48

Italy Verts/ALE

For (1)

1

Sweden Verts/ALE

3

Hungary Verts/ALE

2

Austria Verts/ALE

3

Belgium Verts/ALE

2

Croatia Verts/ALE

For (1)

1

Lithuania Verts/ALE

For (1)

1

Slovenia Verts/ALE

For (1)

1

Netherlands Verts/ALE

2

Luxembourg Verts/ALE

For (1)

1

Latvia Verts/ALE

1

Estonia Verts/ALE

For (1)

1

Denmark Verts/ALE

For (1)

1
icon: ENF ENF
40

Germany ENF

Abstain (1)

1

Romania ENF

Abstain (1)

1

Austria ENF

For (1)

4

Belgium ENF

Abstain (1)

1

Poland ENF

2

Netherlands ENF

4

United Kingdom ENF

Against (1)

1
icon: NI NI
17

Germany NI

For (1)

1

France NI

Against (1)

3

Italy NI

For (1)

1

Hungary NI

3

Poland NI

Abstain (1)

1

United Kingdom NI

For (1)

Against (2)

3
icon: EFDD EFDD
26

Germany EFDD

Against (1)

1

France EFDD

1

Sweden EFDD

2

Czechia EFDD

Against (1)

1

Poland EFDD

1

Lithuania EFDD

For (1)

1

United Kingdom EFDD

4
icon: GUE/NGL GUE/NGL
49

Italy GUE/NGL

3

Sweden GUE/NGL

Against (1)

1

Finland GUE/NGL

Against (1)

1

Netherlands GUE/NGL

3

United Kingdom GUE/NGL

Against (1)

1

Denmark GUE/NGL

Against (1)

1
4

Cyprus GUE/NGL

2
icon: ECR ECR
64

Italy ECR

2

Romania ECR

For (1)

1

Bulgaria ECR

Against (1)

1

Czechia ECR

Against (1)

1

Croatia ECR

Against (1)

1

Lithuania ECR

Against (1)

1

Finland ECR

Against (1)

2

Netherlands ECR

2

Latvia ECR

Against (1)

1

Greece ECR

Against (1)

1

Cyprus ECR

Against (1)

1

A8-0035/2017 - Agustín Díaz de Mera García Consuegra - Projet du Conseil

2017/02/14 Outcome: +: 632, 0: 51, -: 10
DE FR IT ES GB PL RO CZ HU BE SE PT AT NL BG EL FI SK HR DK LT IE SI LU LV EE CY MT
Total
91
71
64
51
51
50
30
20
20
20
18
21
18
25
16
20
13
12
11
11
10
10
8
6
8
6
6
6
icon: PPE PPE
209

Denmark PPE

For (1)

1

Luxembourg PPE

3

Estonia PPE

For (1)

1

Cyprus PPE

1
icon: S&D S&D
173

Belgium S&D

3

Netherlands S&D

3

Croatia S&D

2

Ireland S&D

For (1)

1

Slovenia S&D

For (1)

1

Luxembourg S&D

For (1)

1

Latvia S&D

1

Estonia S&D

For (1)

1

Cyprus S&D

2

Malta S&D

3
icon: ALDE ALDE
65

Romania ALDE

3

Portugal ALDE

1

Austria ALDE

For (1)

1

Croatia ALDE

2

Denmark ALDE

2

Ireland ALDE

For (1)

1

Slovenia ALDE

For (1)

1

Luxembourg ALDE

For (1)

1

Latvia ALDE

1

Estonia ALDE

3
icon: ECR ECR
64

Italy ECR

2

Romania ECR

For (1)

1

Czechia ECR

1

Netherlands ECR

2

Bulgaria ECR

1

Greece ECR

Against (1)

1
2

Croatia ECR

For (1)

1

Lithuania ECR

1

Latvia ECR

Against (1)

1

Cyprus ECR

1
icon: Verts/ALE Verts/ALE
50

Italy Verts/ALE

For (1)

1

Hungary Verts/ALE

2

Belgium Verts/ALE

2

Sweden Verts/ALE

3

Austria Verts/ALE

3

Netherlands Verts/ALE

2

Finland Verts/ALE

For (1)

1

Croatia Verts/ALE

For (1)

1

Denmark Verts/ALE

For (1)

1

Lithuania Verts/ALE

For (1)

1

Slovenia Verts/ALE

For (1)

1

Luxembourg Verts/ALE

For (1)

1

Latvia Verts/ALE

1

Estonia Verts/ALE

For (1)

1
icon: GUE/NGL GUE/NGL
49

United Kingdom GUE/NGL

1

Sweden GUE/NGL

For (1)

1

Portugal GUE/NGL

For (1)

4

Netherlands GUE/NGL

3

Finland GUE/NGL

For (1)

1

Denmark GUE/NGL

For (1)

1

Cyprus GUE/NGL

2
icon: EFDD EFDD
26

Germany EFDD

1

France EFDD

1

Poland EFDD

1

Czechia EFDD

For (1)

1

Sweden EFDD

2

Lithuania EFDD

For (1)

1
icon: NI NI
17

Germany NI

For (1)

1

France NI

3

Italy NI

For (1)

1

United Kingdom NI

Against (1)

3

Poland NI

Abstain (1)

1
icon: ENF ENF
40

Germany ENF

Abstain (1)

1

United Kingdom ENF

Against (1)

1

Poland ENF

2

Romania ENF

Abstain (1)

1

Belgium ENF

Abstain (1)

1

Netherlands ENF

4
AmendmentsDossier
5 2016/0823(CNS)
2017/02/06 LIBE 5 amendments...
source: 599.612

History

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

committees/0
type
Responsible Committee
body
EP
associated
False
committee_full
Civil Liberties, Justice and Home Affairs
committee
LIBE
rapporteur
name: DÍAZ DE MERA GARCÍA CONSUEGRA Agustín date: 2017-01-30T00:00:00 group: European People's Party (Christian Democrats) abbr: PPE
shadows
committees/0
type
Responsible Committee
body
EP
associated
False
committee_full
Civil Liberties, Justice and Home Affairs
committee
LIBE
date
2017-01-30T00:00:00
rapporteur
name: DÍAZ DE MERA GARCÍA CONSUEGRA Agustín group: European People's Party (Christian Democrats) abbr: PPE
shadows
activities
  • date: 2017-01-05T00:00:00 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=15778%2F16&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC type: Legislative proposal published title: 15778/2016 body: EC commission: type: Legislative proposal published
  • date: 2017-01-16T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: False committee_full: Constitutional Affairs committee: AFCO body: EP responsible: False committee_full: Budgets committee: BUDG body: EP responsible: False committee_full: Budgetary Control committee: CONT body: EP shadows: group: S&D name: CHINNICI Caterina group: ECR name: VISTISEN Anders Primdahl group: ALDE name: PETERSEN Morten Helveg group: GUE/NGL name: ERNST Cornelia group: Verts/ALE name: TERRICABRAS Josep-Maria group: EFD name: VON STORCH Beatrix group: ENF name: FONTANA Lorenzo responsible: True committee: LIBE date: 2017-01-30T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: EPP name: DÍAZ DE MERA GARCÍA CONSUEGRA Agustín
  • date: 2017-02-09T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP responsible: False committee_full: Constitutional Affairs committee: AFCO body: EP responsible: False committee_full: Budgets committee: BUDG body: EP responsible: False committee_full: Budgetary Control committee: CONT body: EP shadows: group: S&D name: CHINNICI Caterina group: ECR name: VISTISEN Anders Primdahl group: ALDE name: PETERSEN Morten Helveg group: GUE/NGL name: ERNST Cornelia group: Verts/ALE name: TERRICABRAS Josep-Maria group: EFD name: VON STORCH Beatrix group: ENF name: FONTANA Lorenzo responsible: True committee: LIBE date: 2017-01-30T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: EPP name: DÍAZ DE MERA GARCÍA CONSUEGRA Agustín docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2017-0035&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A8-0035/2017
  • date: 2017-02-14T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=28168&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2017-0023 type: Decision by Parliament, 1st reading/single reading title: T8-0023/2017 body: EP type: Results of vote in Parliament
committees/0
type
Responsible Committee
body
EP
associated
False
committee_full
Civil Liberties, Justice and Home Affairs
committee
LIBE
date
2017-01-30T00:00:00
rapporteur
name: DÍAZ DE MERA GARCÍA CONSUEGRA Agustín group: European People's Party (Christian Democrats) abbr: PPE
shadows
committees/0
body
EP
responsible
False
committee_full
Constitutional Affairs
committee
AFCO
committees/1
type
Committee Opinion
body
EP
associated
False
committee_full
Budgets
committee
BUDG
opinion
False
committees/1
body
EP
responsible
False
committee_full
Budgets
committee
BUDG
committees/2
type
Committee Opinion
body
EP
associated
False
committee_full
Budgetary Control
committee
CONT
opinion
False
committees/2
body
EP
responsible
False
committee_full
Budgetary Control
committee
CONT
committees/3
type
Committee Opinion
body
EP
associated
False
committee_full
Constitutional Affairs
committee
AFCO
opinion
False
committees/3
body
EP
shadows
responsible
True
committee
LIBE
date
2017-01-30T00:00:00
committee_full
Civil Liberties, Justice and Home Affairs
rapporteur
group: EPP name: DÍAZ DE MERA GARCÍA CONSUEGRA Agustín
docs
  • date: 2017-01-26T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE597.541 title: PE597.541 type: Committee draft report body: EP
  • date: 2017-02-07T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE599.612 title: PE599.612 type: Amendments tabled in committee body: EP
events
  • date: 2017-01-05T00:00:00 type: Legislative proposal published body: EC docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=15778%2F16&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 15778/2016 summary: 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 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: Council Decision 2009/371/JHA establishing the European Police Office (Europol) confers on the Council implementing powers to determine the list of third States and organisations with which Europol is to conclude agreements. That list is set out in the Annex to Decision 2009/935/JHA . The new Regulation (EU) 2016/794 of the European Parliament and of the Council on the European Union Agency for Law Enforcement Cooperation (Europol) will apply from 1 May 2017. Pursuant to Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, Denmark is not bound by the Europol Regulation or subject to its application. Therefore, as of 1 May 2017, Denmark will be regarded as a third country with respect to Europol. Given the importance attached by all sides to preventing and combating serious crime affecting two or more Member States, terrorism and forms of crime which affect a common interest covered by a Union policy, it is important to ensure cooperation between Europol and Denmark on key matters so as to enhance the Union’s resilience to security threats. In order to avoid an operational gap as of 1 May 2017 , when Denmark will no longer participate in Europol as a Member State, it is most important that Europol initiate the procedure for the conclusion of a cooperation agreement with Denmark as a third country without delay. CONTENT: it is proposed to amend Decision 2009/935/JHA to insert Denmark in the list of third States with which Europol shall conclude agreements.
  • date: 2017-01-16T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2017-02-09T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2017-02-09T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2017-0035&language=EN title: A8-0035/2017 summary: The Committee on Civil Liberties, Justice and Home Affairs adopted, following a special legislative procedure (Parliament’s consultations), the report by Agustín DÍAZ DE MERA GARCÍA CONSUEGRA (EPP, ES) on the draft Council implementing decision amending Decision 2009/935/JHA as regards the list of third States and organisations with which Europol shall conclude agreements. The committee recommended the European Parliament to approve the Council draft . In the explanatory memorandum, it is recalled that Denmark is currently fully participating in Europol, which operates under the existing Council Decision (2009/371/JHA). However, the new Europol Regulation , which will apply on 1 May 2017, on which date the existing Europol Council Decision will automatically be repealed. This means that by 1 May 2017, Denmark will not anymore be part of Europol and will not be able to participate in its activities, consult its databases or exchange data with it. Following the negative outcome of the 2015 referendum on converting its current inflexible opt-out on Justice and Home Affairs matters in Protocol No 22 into a more flexible selective opt-in, the Danish authorities and the European Institutions in order to seek ways for Denmark to be as closely as possible associated to Europol. These informal discussions led to a joint statement on 15 December 2016 by the President of the European Council, the President of the European Commission and the Prime Minister of Denmark in which it is proposed that Denmark be associated to Europol in the form of an operational cooperation agreement. In order to avoid any operational gaps, this cooperation agreement would need to be concluded between Europol and Denmark before 1 May 2017. Combatting cross-border serious and organised crime and international terrorism within the Union, necessitates close cooperation and the sharing of data between all European countries. A sudden departure of Denmark from Europol without a smooth transition regime into some form of an association between Denmark and Europol, could lead to operational gaps and reduce the EU’s capacity to effectively fight organised crime and terrorism. It is therefore important to ensure a sufficient level of operational cooperation between Denmark and Europol including the exchange of relevant personal data, subject to adequate safeguards and data protection.
  • date: 2017-02-14T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=28168&l=en title: Results of vote in Parliament
  • date: 2017-02-14T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2017-0023 title: T8-0023/2017 summary: The European Parliament adopted by 632 votes to 10, with 51 abstentions, following a special legislative procedure (Parliament’s consultation), a legislative resolution on the draft Council implementing decision amending Decision 2009/935/JHA as regards the list of third States and organisations with which Europol shall conclude agreements. As a reminder, the Council draft seeks to amend Council Decision 2009/935/JHA which determines the list of third States and organisations with which Europol shall conclude agreements. In line with its Committee on Civil Liberties, Justice and Home Affairs, Parliament approved, unamended, the Council draft . The Council is called on to provide, within the provisions of the future arrangement between Europol and Denmark, for an expiry date of five years after the date of entry into force thereof, in order to ensure its transitional nature with a view to full membership or the conclusion of an international agreement in accordance with Article 218 TFEU.
links
other
    procedure/Modified legal basis
    Old
    Rules of Procedure EP 150
    New
    Rules of Procedure EP 159
    procedure/dossier_of_the_committee
    Old
    LIBE/8/08896
    New
    • LIBE/8/08896
    procedure/subject
    Old
    • 1.20.09 Protection of privacy and data protection
    • 7.30.05.01 Europol, CEPOL
    New
    1.20.09
    Protection of privacy and data protection
    7.30.05.01
    Europol, CEPOL
    procedure/subtype
    Old
    Legislation
    New
    • Legislation
    • Amending JHA act 2009/935/JHA 2009/0809(CNS)
    procedure/summary
    • Amending JHA act 2009/935/JHA
    procedure/Modified legal basis
    Old
    Rules of Procedure of the European Parliament EP 150
    New
    Rules of Procedure EP 150
    activities/3/docs/0
    url
    http://www.europarl.europa.eu/oeil/popups/sda.do?id=28168&l=en
    type
    Results of vote in Parliament
    title
    Results of vote in Parliament
    activities/3/type
    Old
    Decision by Parliament, 1st reading/single reading
    New
    Results of vote in Parliament
    activities/2/docs/0/text
    • The Committee on Civil Liberties, Justice and Home Affairs adopted, following a special legislative procedure (Parliament’s consultations), the report by Agustín DÍAZ DE MERA GARCÍA CONSUEGRA (EPP, ES) on the draft Council implementing decision amending Decision 2009/935/JHA as regards the list of third States and organisations with which Europol shall conclude agreements.

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

      In the explanatory memorandum, it is recalled that Denmark is currently fully participating in Europol, which operates under the existing Council Decision (2009/371/JHA). However, the new Europol Regulation, which will apply on 1 May 2017, on which date the existing Europol Council Decision will automatically be repealed. This means that by 1 May 2017, Denmark will not anymore be part of Europol and will not be able to participate in its activities, consult its databases or exchange data with it.

      Following the negative outcome of the 2015 referendum on converting its current inflexible opt-out on Justice and Home Affairs matters in Protocol No 22 into a more flexible selective opt-in, the Danish authorities and the European Institutions in order to seek ways for Denmark to be as closely as possible associated to Europol.

      These informal discussions led to a joint statement on 15 December 2016 by the President of the European Council, the President of the European Commission and the Prime Minister of Denmark in which it is proposed that Denmark be associated to Europol in the form of an operational cooperation agreement. In order to avoid any operational gaps, this cooperation agreement would need to be concluded between Europol and Denmark before 1 May 2017.

      Combatting cross-border serious and organised crime and international terrorism within the Union, necessitates close cooperation and the sharing of data between all European countries.

      A sudden departure of Denmark from Europol without a smooth transition regime into some form of an association between Denmark and Europol, could lead to operational gaps and reduce the EU’s capacity to effectively fight organised crime and terrorism.

      It is therefore important to ensure a sufficient level of operational cooperation between Denmark and Europol including the exchange of relevant personal data, subject to adequate safeguards and data protection.

    activities/3/docs/0/text
    • The European Parliament adopted by 632 votes to 10, with 51 abstentions, following a special legislative procedure (Parliament’s consultation), a legislative resolution on the draft Council implementing decision amending Decision 2009/935/JHA as regards the list of third States and organisations with which Europol shall conclude agreements.

      As a reminder, the Council draft seeks to amend Council Decision 2009/935/JHA which determines the list of third States and organisations with which Europol shall conclude agreements.

      In line with its Committee on Civil Liberties, Justice and Home Affairs, Parliament approved, unamended, the Council draft.

      The Council is called on to provide, within the provisions of the future arrangement between Europol and Denmark, for an expiry date of five years after the date of entry into force thereof, in order to ensure its transitional nature with a view to full membership or the conclusion of an international agreement in accordance with Article 218 TFEU.

    activities/0/docs/0/text
    • 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 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: Council Decision 2009/371/JHA establishing the European Police Office (Europol) confers on the Council implementing powers to determine the list of third States and organisations with which Europol is to conclude agreements. That list is set out in the Annex to Decision 2009/935/JHA.

      The new Regulation (EU) 2016/794 of the European Parliament and of the Council on the European Union Agency for Law Enforcement Cooperation (Europol) will apply from 1 May 2017.

      Pursuant to Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, Denmark is not bound by the Europol Regulation or subject to its application. Therefore, as of 1 May 2017, Denmark will be regarded as a third country with respect to Europol.

      Given the importance attached by all sides to preventing and combating serious crime affecting two or more Member States, terrorism and forms of crime which affect a common interest covered by a Union policy, it is important to ensure cooperation between Europol and Denmark on key matters so as to enhance the Union’s resilience to security threats.

      In order to avoid an operational gap as of 1 May 2017, when Denmark will no longer participate in Europol as a Member State, it is most important that Europol initiate the procedure for the conclusion of a cooperation agreement with Denmark as a third country without delay.

      CONTENT: it is proposed to amend Decision 2009/935/JHA to insert Denmark in the list of third States with which Europol shall conclude agreements.

    activities/1/committees/3/shadows/0
    group
    S&D
    name
    CHINNICI Caterina
    activities/1/committees/3/shadows/4
    group
    Verts/ALE
    name
    TERRICABRAS Josep-Maria
    activities/1/committees/3/shadows/5
    group
    EFD
    name
    VON STORCH Beatrix
    activities/2
    date
    2017-02-09T00:00:00
    body
    EP
    type
    Vote in committee, 1st reading/single reading
    committees
    docs
    url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2017-0035&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A8-0035/2017
    activities/3
    date
    2017-02-14T00:00:00
    docs
    url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2017-0023 type: Decision by Parliament, 1st reading/single reading title: T8-0023/2017
    body
    EP
    type
    Decision by Parliament, 1st reading/single reading
    committees/3/shadows/0
    group
    S&D
    name
    CHINNICI Caterina
    committees/3/shadows/4
    group
    Verts/ALE
    name
    TERRICABRAS Josep-Maria
    committees/3/shadows/5
    group
    EFD
    name
    VON STORCH Beatrix
    procedure/Modified legal basis
    Rules of Procedure of the European Parliament EP 150
    procedure/stage_reached
    Old
    Awaiting committee decision
    New
    Awaiting final decision
    activities/1/committees/3/date
    2017-01-30T00:00:00
    activities/1/committees/3/rapporteur
    • group: EPP name: DÍAZ DE MERA GARCÍA CONSUEGRA Agustín
    activities/1/committees/3/shadows
    • group: ECR name: VISTISEN Anders Primdahl
    • group: ALDE name: PETERSEN Morten Helveg
    • group: GUE/NGL name: ERNST Cornelia
    • group: ENF name: FONTANA Lorenzo
    committees/3/date
    2017-01-30T00:00:00
    committees/3/rapporteur
    • group: EPP name: DÍAZ DE MERA GARCÍA CONSUEGRA Agustín
    committees/3/shadows
    • group: ECR name: VISTISEN Anders Primdahl
    • group: ALDE name: PETERSEN Morten Helveg
    • group: GUE/NGL name: ERNST Cornelia
    • group: ENF name: FONTANA Lorenzo
    activities/1
    date
    2017-01-16T00:00:00
    body
    EP
    type
    Committee referral announced in Parliament, 1st reading/single reading
    committees
    procedure/dossier_of_the_committee
    LIBE/8/08896
    procedure/stage_reached
    Old
    Preparatory phase in Parliament
    New
    Awaiting committee decision
    activities
    • date: 2017-01-05T00:00:00 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=15778%2F16&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC type: Legislative proposal published title: 15778/2016 type: Legislative proposal published body: EC commission:
    committees
    • body: EP responsible: False committee_full: Constitutional Affairs committee: AFCO
    • body: EP responsible: False committee_full: Budgets committee: BUDG
    • body: EP responsible: False committee_full: Budgetary Control committee: CONT
    • body: EP responsible: True committee_full: Civil Liberties, Justice and Home Affairs committee: LIBE
    links
    other
      procedure
      reference
      2016/0823(CNS)
      title
      Europol agreements: cooperation with Denmark
      geographical_area
      Denmark
      stage_reached
      Preparatory phase in Parliament
      summary
      Amending JHA act 2009/935/JHA
      subtype
      Legislation
      type
      CNS - Consultation procedure
      subject