Procedure : 2016/0810(CNS)
Document stages in plenary
Document selected : A8-0343/2016

Texts tabled :

A8-0343/2016

Debates :

Votes :

PV 14/12/2016 - 9.7
Explanations of votes

Texts adopted :

P8_TA(2016)0494

REPORT     *
PDF 448kWORD 56k
21.11.2016
PE 589.446v02-00 A8-0343/2016

on the draft Council implementing decision approving the conclusion by the European Police Office (Europol) of the Agreement on Operational and Strategic Cooperation between Georgia and Europol

(10343/2016 – C8‑0266/2016 – 2016/0810(CNS))

Committee on Civil Liberties, Justice and Home Affairs

Rapporteur: Claude Moraes

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 EXPLANATORY STATEMENT
 PROCEDURE – COMMITTEE RESPONSIBLE
 FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the draft Council implementing decision approving the conclusion by the European Police Office (Europol) of the Agreement on Operational and Strategic Cooperation between Georgia and Europol

(10343/2016 – C8‑0266/2016 – 2016/0810(CNS))

(Consultation)

The European Parliament,

–  having regard to the Council draft (10343/2016),

–  having regard to Article 39(1) of the Treaty on European Union, as amended by the Treaty of Amsterdam, and Article 9 of Protocol No 36 on transitional provisions, pursuant to which the Council consulted Parliament (C8‑0266/2016),

–  having regard to Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol)(1), and in particular Article 23(2) thereof,

–  having regard to Council Decision 2009/934/JHA of 30 November 2009 adopting the implementing rules governing Europol’s relations with partners, including the exchange of personal data and classified information(2), and in particular Articles 5 and 6 thereof,

–  having regard to Council Decision 2009/935/JHA of 30 November 2009 determining the list of third States and organisations with which Europol shall conclude agreements(3),

–  having regard to Rule 59 of its Rules of Procedure,

–  having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A8-0343/2016),

1.  Approves the Council draft;

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

3.  Asks the Council to consult Parliament again if it intends to substantially amend the text approved by Parliament;

4.  Calls on the Commission to assess, after the date of application of the new Europol Regulation(4), the provisions contained in the cooperation agreement, calls on the Commission to inform Parliament and the Council of the outcome of this assessment and, if appropriate, to submit a recommendation for an authorisation to open the international renegotiation of the agreement;

5.  Instructs its President to forward its position to the Council, the Commission and Europol.

(1)

OJ L 121, 15.5.2009, p. 37.

(2)

OJ L 325, 11.12.2009, p. 6.

(3)

OJ L 325, 11.12.2009, p. 12.

(4)

Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 24.5.2016, p. 53).


EXPLANATORY STATEMENT

The proposal

According to Article 23(2) of the current Europol Council Decision (Decision 2009/371/JHA), it is for the Council to approve the conclusion of international cooperation agreements with thirds states or international organisations, after having consulted the European Parliament. Such agreements may concern the exchange of operational, strategic, technical or classified information. The operational cooperation agreement also includes the exchange of personal data.

This proposal concerns the proposed approval of an operational and strategic agreement between Europol and Georgia, providing for the exchange of information, including personal data. Such information could be in the field of specialist knowledge, general situation reports, results of strategic analysis, information on criminal investigation procedures, information on crime-prevention methods, and support in individual criminal investigations.

The procedure

As outlined above the conclusion of this new international agreement is proposed on the basis of the Europol Council Decision (Decision 2009/371/JHA).

On 11 May 2016, a new European Regulation (Regulation (EU) 2016/794) has entered into force, in which the procedure for concluding international agreements, as well as the relevant provisions and safeguards for the protection of personal data of European citizens, are significantly modified, following the entry into force of the Lisbon Treaty. However, the date of application of this new Europol Regulation is 1 May 2017 and until that date the existing provisions in the Europol Council Decision apply.

While it is disappointing that the European Parliament in this procedure cannot fully play its role of democratic scrutiny, one should note that in the Europol Regulation it is stipulated in Article 25(4) that the Commission has to assess the provisions, in particular those concerning data protection, contained in all the operational cooperation agreements that have been concluded before 1 May 2017 and that the Commission will have to inform Parliament about the outcome of that assessment and, if needed, start the procedure to renegotiate these agreements. Furthermore, one should take into consideration that Europol’s Joint Supervisory Body, which consists of the national data protection authorities specialized in law enforcement, gave a positive opinion to the conclusions of this cooperation agreement, taking into account the data protection level in Georgia.

The substance

There seems to be clear operational needs for Europol to deepen its operational cooperation with Georgia. According to Europol, Georgia is increasingly relevant in the fight against terrorism and organized crime, more specifically since it is a transit country of so-called foreign fighters and a vital partner in the fight against Georgian organised criminal groups. From that perspective, the conclusion of this strategic and operational cooperation agreement with Georgia would thus aid and reinforce the fight against terrorism and organized crime, which is international by definition.


PROCEDURE – COMMITTEE RESPONSIBLE

Title

Agreement on Operational and Strategic Cooperation between Georgia and Europol

References

10343/2016 – C8-0266/2016 – 2016/0810(CNS)

Date of consulting Parliament

11.7.2016

 

 

 

Committee responsible

       Date announced in plenary

LIBE

12.9.2016

 

 

 

Rapporteurs

       Date appointed

Claude Moraes

3.10.2016

 

 

 

Discussed in committee

26.9.2016

17.10.2016

17.11.2016

 

Date adopted

17.11.2016

 

 

 

Result of final vote

+:

–:

0:

31

3

6

Members present for the final vote

Heinz K. Becker, Malin Björk, Caterina Chinnici, Frank Engel, Tanja Fajon, Mariya Gabriel, Kinga Gál, Ana Gomes, Nathalie Griesbeck, Sylvie Guillaume, Jussi Halla-aho, Monika Hohlmeier, Filiz Hyusmenova, Sophia in ‘t Veld, Sylvia-Yvonne Kaufmann, Marju Lauristin, Juan Fernando López Aguilar, Monica Macovei, Roberta Metsola, Claude Moraes, József Nagy, Péter Niedermüller, Judith Sargentini, Birgit Sippel, Branislav Škripek, Csaba Sógor, Traian Ungureanu, Harald Vilimsky, Josef Weidenholzer, Kristina Winberg, Tomáš Zdechovský

Substitutes present for the final vote

Ska Keller, Jeroen Lenaers, Andrejs Mamikins, Maite Pagazaurtundúa Ruiz, Christine Revault D’Allonnes Bonnefoy, Barbara Spinelli

Substitutes under Rule 200(2) present for the final vote

Verónica Lope Fontagné, Mylène Troszczynski, Tom Vandenkendelaere

Date tabled

21.11.2016


FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE

31

+

ECR

Jussi Halla-aho, Monica Macovei, Branislav Škripek

PPE

Heinz K. Becker, Frank Engel, Mariya Gabriel, Kinga Gál, Monika Hohlmeier, Jeroen Lenaers, Verónica Lope Fontagné, Roberta Metsola, József Nagy, Csaba Sógor, Traian Ungureanu, Tom Vandenkendelaere, Tomáš Zdechovský

S&D

Caterina Chinnici, Tanja Fajon, Ana Gomes, Sylvie Guillaume, Sylvia-Yvonne Kaufmann, Marju Lauristin, Juan Fernando López Aguilar, Andrejs Mamikins, Claude Moraes, Péter Niedermüller, Christine Revault D'Allonnes Bonnefoy, Birgit Sippel, Josef Weidenholzer

Verts/ALE

Ska Keller, Judith Sargentini

3

-

ENF

Mylène Troszczynski

GUE/NGL

Malin Björk, Barbara Spinelli

6

0

ALDE

Nathalie Griesbeck, Filiz Hyusmenova, Maite Pagazaurtundúa Ruiz, Sophia in 't Veld

EFDD

Kristina Winberg

ENF

Harald Vilimsky

Key to symbols:

+  :  in favour

-  :  against

0  :  abstention

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