Procedure : 2015/0811(CNS)
Document stages in plenary
Document selected : A8-0353/2015

Texts tabled :

A8-0353/2015

Debates :

Votes :

PV 15/12/2015 - 4.11
Explanations of votes

Texts adopted :

P8_TA(2015)0434

REPORT     *
PDF 167kWORD 82k
7.12.2015
PE 571.415v02-00 A8-0353/2015

on the draft Council implementing decision approving the conclusion by Eurojust of the Memorandum of Understanding between the Office for Harmonisation in the Internal Market and Eurojust

(11595/2015 – C8‑0303/2015 – 2015/0811(CNS))

Committee on Legal Affairs

Rapporteur: Kostas Chrysogonos

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the draft Council implementing decision approving the conclusion by Eurojust of the Memorandum of Understanding between the Office for Harmonisation in the Internal Market and Eurojust

(11595/2015 – C8‑0303/2015 – 2015/0811(CNS))

(Consultation)

The European Parliament,

–  having regard to the Council draft (11595/2015),

–  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 (C8-0303/2015),

–  having regard to Council Decision 2002/187/JHA of 28 February 2002 setting up Eurojust with a view to reinforcing the fight against serious crime(1), and in particular Article 26(2) thereof,

–  having regard to the judgments of the Court of Justice of the European Union of 16 April 2015(2),

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

–  having regard to the report of the Committee on Legal Affairs (A8-0353/2015),

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.  Instructs its President to forward its position to the Council and the Commission.

EXPLANATORY STATEMENT

The draft implementing decision in question formalises the conclusion by Eurojust of the Memorandum of Understanding between the Office for Harmonisation in the Internal Market (OHIM), for which the Committee on Legal Affairs is responsible under Annex VI to Parliament's Rules of Procedure, and Eurojust.

The purpose of the Memorandum of Understanding (MoU) is to foster cooperation between Eurojust and OHIM in compliance with their respective mandates.

A provision which is particularly worthy of attention is Article 3(5) of the MoU, whereby "[e]xchange of information or experience provided for in this MoU shall not include the transmission of operational information including data relating to an identified or identifiable person". This clarification was positively welcomed by the Joint Supervisory Body of Eurojust. The Rapporteur fully endorses this approach and calls on the Council to be vigilant of the implementation in practice of the data protection guarantee enshrined in Article 3(5) of the MoU.

Another interesting provision is Article 6 on settlement of disputes. Pursuant to paragraph 1 thereof, disputes related to the interpretation or application of the MoU must be settled "by means of consultations and negotiations between representatives" of Eurojust and OHIM, thus excluding the arbitration of any third party. This is in line with most of the other agreements of this kind(3).

In turn, paragraph 2 of the same provision lays down that in the event of serious failing to comply with the provisions of the MoU, or if Eurojust or OHIM is of the view that such failing may occur in the near future, either of them may suspend the application of the MoU temporarily, pending the consultations and negotiations referred to in paragraph 1. This suspension clause is unusual compared with other agreements concluded by Eurojust.

However, it appears that Eurojust and OHIM agreed to conclude the MoU because, in the words of Recital 6 thereof, they were "willing and ready to develop strategic cooperation that could help them to achieve their respective objectives". It can be inferred that Eurojust and OHIM acknowledge that the terms of the MoU, including Article 6 thereof, contribute to a better performance of their tasks. It follows that, as it stands, the MoU is in the common interest of Eurojust and OHIM and should be approved as such by the Council.

PROCEDURE – COMMITTEE RESPONSIBLE

Title

Memorandum of Understanding between the Office for Harmonisation in the Internal Market and Eurojust

References

11595/2015 – C8-0303/2015 – 2015/0811(CNS)

Date of consulting Parliament

8.10.2015

 

 

 

Committee responsible

       Date announced in plenary

JURI

14.10.2015

 

 

 

Committees asked for opinions

       Date announced in plenary

ITRE

14.10.2015

IMCO

14.10.2015

CULT

14.10.2015

LIBE

14.10.2015

Not delivering opinions

       Date of decision

ITRE

10.11.2015

IMCO

10.11.2015

CULT

4.11.2015

LIBE

26.10.2015

Rapporteurs

       Date appointed

Kostas Chrysogonos

23.10.2015

 

 

 

Date adopted

3.12.2015

 

 

 

Result of final vote

+:

–:

0:

20

2

1

Members present for the final vote

Joëlle Bergeron, Marie-Christine Boutonnet, Jean-Marie Cavada, Kostas Chrysogonos, Therese Comodini Cachia, Mady Delvaux, Laura Ferrara, Enrico Gasbarra, Mary Honeyball, Gilles Lebreton, António Marinho e Pinto, Jiří Maštálka, Emil Radev, Evelyn Regner, Pavel Svoboda, József Szájer, Tadeusz Zwiefka

Substitutes present for the final vote

Angel Dzhambazki, Jytte Guteland, Heidi Hautala, Stefano Maullu, Rainer Wieland, Kosma Złotowski

Date tabled

7.12.2015

(1)

OJ L 63, 6.3.2002, p. 1.

(2)

Judgments of the Court of Justice of 16 April 2015 in Joined cases C-317/13 and C-679/13, Parliament v Council, ECLI:EU:C:2015:223, and in Case C-540/13, Parliament v Council, ECLI:EU:C:2015:224.

(3)

See for instance Article 9 of the Memorandum of Understanding on cooperation between the European Union Agency for Fundamental Rights (FRA) and Eurojust, Article 9 of the Memorandum of Understanding on cooperation between Frontex and Eurojust, and Article 7 of Memorandum of Understanding on cooperation between Eurojust and the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA). An exception is to be found in Article 21 of the Agreement between Eurojust and Europol where the arbitration of an ad hoc Committee is foreseen.

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