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 - Responsible Committee
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 GB LU LV EE MT SK DK EL IE CY
Total
90
71
64
49
30
18
20
18
16
21
20
20
50
11
10
12
8
25
51
6
8
6
6
12
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
65

Romania ALDE

3

Austria ALDE

For (1)

1

Portugal ALDE

1

Croatia ALDE

2

Slovenia ALDE

For (1)

1

United Kingdom ALDE

1

Luxembourg ALDE

For (1)

1

Latvia ALDE

1

Estonia ALDE

3

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
25

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

Against (2)

3
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
50
50
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
64

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
25

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)

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
      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.

      type
      Legislative proposal published
      title
      15778/2016
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    EC
    commission
      type
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    • date
      2017-01-16T00:00:00
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      docs
      • url
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        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.

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    links
    other
      procedure/Modified legal basis
      Old
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      • 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.

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