Answer given by Ms Malmström on behalf of the Commission
1. The draft operational cooperation agreement is currently being negotiated between Europol and Israel.2. Information exchanged under the agreement would be related to serious and organised crime within Europol’s mandate. Europol would only supply information to Israel which is collected, stored and transmitted in accordance with the Europol Council Decision and its implementing decisions.3. According to the draft agreement, onward transmission of information to third States or bodies by Israel is not allowed, except with the prior explicit consent of the parties.4. Information exchange with Israeli law enforcement would help investigative efforts of Member States, supported by Europol(1).5. Exchange of data would occur only in compliance with the legal framework governing Europol, including Art. 23 of the Council decision establishing Europol. 6. The draft agreement between Europol and Israel has a technical purpose and focuses on cooperation in the fight against serious and organised international crime. Europol seeks to ensure that the content of the draft agreement is consistent with the EU position on the Middle East Peace Process, including the Council Conclusions of 10 December 2012(2).7. Europol should only supply information which was collected, stored and transmitted in accordance Article 20 (4) of the Council Decision adopting the implementing rules governing Europol’s relations with partners, according to which information obtained in obvious violation of human rights shall not be processed.
Foreign Affairs Council (FAC) conclusions: The European Union expresses its commitment to ensure that — in line with international law — all agreements between the State of Israel and the European Union must unequivocally and explicitly indicate their inapplicability to the territories occupied by Israel in 1967, namely the Golan Heights, the West Bank including East Jerusalem, and the Gaza Strip.