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.

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Regulation , which will apply on 1 May 2017, on which date the existing Europol Council Decision will automatically be repealed.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.

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.