P8_TA(2017)0136

Agreement on Operational and Strategic Cooperation between Denmark and Europol *

European Parliament legislative resolution of 27 April 2017 on the draft Council implementing decision approving the conclusion by the European Police Office (Europol) of the Agreement on Operational and Strategic Cooperation between the Kingdom of Denmark and Europol (07281/2017 — C8-0120/2017 — 2017/0803(CNS))

(Consultation)

(2018/C 298/48)

The European Parliament,

— having regard to the Council draft (07281/2017),

— 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 (C8-0120/2017),

— 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 2009/935/JHA of 30 November 2009 determining the list of third States and organisations with which Europol shall conclude agreements (2), as amended by Council Implementing Decision (EU) 2017/290 (3),

— 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 (4), and in particular Articles 5 and 6 thereof,

— having regard to the Declaration by the President of the European Council, the President of the Commission and the Prime Minister of Denmark of 15 December 2016, which stressed the operational needs, but also the exceptional and transitional nature, of the foreseen arrangement between Europol and Denmark,

— having regard to the aforementioned Declaration, which stressed that the foreseen arrangement is conditional on Denmark’s continued membership of the Union and of the Schengen area, Denmark’s obligation to fully implement in Danish law Directive (EU) 2016/680 (5) on data protection in police matters by 1 May 2017 and Denmark’s agreement to the application of the jurisdiction of the Court of Justice of the European Union and the competence of the European Data Protection Supervisor,

— having regard to Protocol No 22 to the Treaty on the Functioning of the European Union,

— having regard to the outcome of the Danish referendum of 3 December 2015 in relation to Protocol No 22 to the Treaty on the Functioning of the European Union,

— having regard to its legislative resolution of 14 February 2017 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 (6), and in particular the request in paragraph 4 thereof calling for the future arrangement between Europol and Denmark to have an expiry date of five years, in order to ensure its transitional nature with a view to a more permanent arrangement,

— having regard to Rule 78c of its Rules of Procedure,

— having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A8-0164/2017),

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 Council and the Commission to ensure that, as part of the assessment to be carried out pursuant to Article 25 of the Agreement on Operational and Strategic Cooperation between the Kingdom of Denmark and Europol, the European Parliament is kept regularly informed and consulted, in particular through the Europol Joint Parliamentary Scrutiny Group to be established pursuant to Article 51(1) of Regulation (EU) 2016/794 ( 7 )

5. Calls on all parties involved to exhaust all possibilities under primary and secondary law in order to once again offer Denmark full membership of Europol;

6. 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. 12.

(3) OJ L 42, 18.2.2017, p. 17.

(4) OJ L 325, 11.12.2009, p. 6.

(5) Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89).

(6) Texts adopted, P8_TA(2017)0023.

(7) 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).