REPORT on the initiative by the Republic of Finland for adoption of a Council decision amending the Council Act of 3 November 1998 adopting rules applicable to Europol analysis files

20.7.2007 - (16336/2006 – C6‑0048/2007 – 2007/0802(CNS)) - *

Committee on Civil Liberties, Justice and Home Affairs
Rapporteur: Agustín Díaz de Mera García Consuegra

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the initiative by the Republic of Finland for adoption of a Council decision amending the Council Act of 3 November 1998 adopting rules applicable to Europol analysis files

(16336/2006 – C6‑0048/2007 – 2007/0802(CNS))

(Consultation procedure)

The European Parliament,

–   having regard to the initiative by the Republic of Finland (16336/2006)[1],

–   having regard to Article 10(1) of the Convention on the establishment of a European Police Office (Europol), signed in Brussels on 26 July 1995,

–   having regard to Articles 30(1)(b), 30(2) and 34(2)(c) of the EU Treaty,

–   having regard to Article 39(1) of the EU Treaty, pursuant to which the Council consulted Parliament (C6‑0048/2007),

–   having regard to Council Act 1999/C 26/01 adopting rules applicable to Europol analysis files[2],

–   having regard to the Protocol of 27 November 2003[3], established on the basis of Article 43(1) of the Europol Convention,

–   having regard to Rules 93 and 51 of its Rules of Procedure,

–   having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A6‑0288/2007),

1.  Approves the initiative by the Republic of Finland as amended;

2.  Calls on the Council to amend the text accordingly;

3.  Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

4.  Calls on the Council to consult Parliament again if it intends to amend the initiative by the Republic of Finland substantially;

5.  Instructs its President to forward its position to the Council and Commission and the Government of the Republic of Finland.

Text proposed by the Republic of Finland/the Council	Amendments by Parliament
Amendment 1 ARTICLE 1, POINT 4, POINT (B) Article 12, paragraph 3 (Council Act 1999/C 26/01)
(b)       in paragraph 3 shall be replaced by the following:	(b) paragraph 3 shall be replaced by the following:
"3.       Analysis activities and the dissemination of analysis results may begin immediately after the analysis file has been opened in accordance with Article 12(1) of the Europol Convention. Should the Management Board instruct the Director of Europol to amend an opening order or close the file, data which may not be included in the file or, if the file is to be closed, all data contained in that file, shall be deleted immediately.";	"3. Analysis activities may begin immediately after the analysis file has been opened in accordance with Article 12(1) of the Europol Convention. The Management Board shall only authorize the transmission of the analysis results once the Joint Supervisory Body has communicated its comments concerning the opening of such a file. Should the Management Board instruct the Director of Europol to amend an opening order or close the file, data which may not be included in the file or, if the file is to be closed, all data contained in that file, shall be deleted immediately.";
Amendment 2 ARTICLE 1, POINT 6 Article 15, paragraphs 4 and 5 (Council Act 1999/C 26/01)
6)        Article 15(4) and (5) shall be deleted.	deleted
Justification
In order to make it clearer and more understandable Article 1, paragraph 6 should be deleted so that the mechanisms of control will be kept in accordance with Article 15, paragraphs 4 and 5 of Council Act of 3 November 1998 adopting rules applicable to Europol analysis files (1999/C 26/1).

• [1]  Not yet published in OJ.
• [2]  OJ C 26, 30.1.1999, p. 1
• [3]  OJ C 2, 6.1.2004, p. 3

EXPLANATORY STATEMENT

Initiative by the Republic of Finland on a draft Council decision amending the Council Act of 3 November 1998 adopting rules applicable to Europol analysis files

Title III of the Europol Convention in force lays down the rules applicable to analysis files. This Title was modified by the 2003 Protocol, which came into force on 18 April 2007. This protocol modifies Articles 10, 12, 16 and 21 of the Convention, in other words the legal framework which has hitherto governed the creation of analysis files and the collection, processing, use and deletion of the personal data contained in such files.

Council Act 1999/C 26/01 of 3 November 1998 marked the adoption of the implementing rules for analysis files. The modifications made to the Convention by the 2003 Protocol make it obligatory to update (and therefore amend) the implementing rules set out in that Council Act.

The aim of the Finnish initiative is, therefore, to adapt the rules on analysis files to the legislation in force, i.e. the Europol Convention as modified by the 2003 Protocol. The Convention will regulate all aspects of Europol's activities until the entry into force of the Council decision establishing a European Police Office, which will have the effect of repealing all the previous legislation, including the rules on analysis files.

The initiative of the Republic of Finland is, therefore, despite the fact that it will be in force for only a limited period, necessary and entirely correct.

PROCEDURE

Title	Initiative of the Republic of Finland with a view to adopting a Council Decision amending the rules applicable to Europol analysis files
References	16336/2006 - C6-0048/2007 - 2007/0802(CNS)
Date of consulting Parliament	15.1.2007
Committee responsible        Date announced in plenary	LIBE 18.1.2007
Rapporteur(s)        Date appointed	Agustín Díaz de Mera García Consuegra 20.3.2007
Date adopted	17.7.2007
Result of final vote	+: –: 0:	34 0 2
Members present for the final vote	Alexander Alvaro, Roberta Angelilli, Philip Bradbourn, Mihael Brejc, Giuseppe Castiglione, Giusto Catania, Jean-Marie Cavada, Esther De Lange, Panayiotis Demetriou, Agustín Díaz de Mera García Consuegra, Bárbara Dührkop Dührkop, Claudio Fava, Kinga Gál, Patrick Gaubert, Jeanine Hennis-Plasschaert, Roger Knapman, Magda Kósáné Kovács, Barbara Kudrycka, Stavros Lambrinidis, Henrik Lax, Sarah Ludford, Dan Mihalache, Javier Moreno Sánchez, Athanasios Pafilis, Martine Roure, Károly Ferenc Szabó, Søren Bo Søndergaard, Ioannis Varvitsiotis, Manfred Weber
Substitute(s) present for the final vote	Edit Bauer, Gérard Deprez, Iratxe García Pérez, Sophia in ‘t Veld, Jean Lambert, Marianne Mikko, Siiri Oviir