ANNEX TO THE LEGISLATIVE RESOLUTION

Commission statements on Regulation (EU) 2022/991 of the European Parliament and of the Council (1)

Commission statement on the implementation of the mechanism for Europol to propose the issuing of alerts in the Schengen Information System

As part of the evaluation that the Commission will carry out under Article 68(3) of Regulation (EU) 2016/794, three years after the entry into force of this Regulation amending Regulation (EU) 2016/794, the Commission will report on the operational impact of the new mechanism established in Article 4(1)(r) of Regulation (EU) 2016/794. Under this mechanism, Europol may propose to Member States, based on data that Europol received from third countries or international organisations, to enter information alerts in the interest of the Union into the Schengen Information System on persons involved in terrorism or in serious and organised crime. The Commission will carry out this evaluation on the basis of reports that Europol will provide on the proposals made for alerts in the Schengen Information System and on the subsequent alerts inserted by Member States in the Schengen Information System.

Commission statement on the relations between Europol and the European Public Prosecutor’s Office

In the Commission’s view, the provisions on the relations between Europol and the European Public Prosecutor’s Office (‘the EPPO’), as set out in Article 20a of Regulation (EU) 2016/794, cannot limit the obligations on Europol stemming from Article 24(1) of Council Regulation (EU) 2017/1939, and shall therefore be interpreted and applied in accordance with the latter Article.

Commission statement on the provisions for Europol’s cooperation with third countries

As regards rules for Europol’s cooperation with third countries, the Commission notes that any transfer of personal data from Europol to a third country on the basis of a ‘legally binding instrument’ requires an international agreement under Article 218 of the Treaty, as already provided for in Article 25(1)(b) of Regulation (EU) 2016/794. The Commission also notes that any transfer of personal data from Europol to a third country on the basis of an assessment of appropriate safeguards by Europol must meet the requirements as set by the case law (2) of the Court of Justice of the European Union, thus requiring Europol to conclude that the level of data protection in the third country provides essential equivalence in terms of data protection. Allowing for data transfers based on such an assessment without the need for prior agreement by the European Data Protection Supervisor as provided for in Article 25(6) of Regulation (EU) 2016/794 will create risks of subsequent intervention by the European Data Protection Supervisor based on a divergent assessment of the data protection safeguards and might thus negatively affect law enforcement cooperation.

Commission statement on the strengthening of Europol-Interpol cooperation

The Commission recalls that in the on-going negotiations for a cooperation agreement between the European Union and the International Criminal Police Organization (ICPO-INTERPOL), and in line with the negotiating directives given by the Council (3), the Commission seeks to strengthen cooperation between Europol and Interpol, taking into account the latest developments in combating terrorism, cross-border and transnational serious organised crime, as well as current operational needs and Europol’s mandate. The Commission seeks to ensure, in line with the negotiating directives given by the Council (4), that the agreement provides the legal basis for authorising Europol to access relevant Interpol databases for the performance of its tasks.

Council statement on Interpol’s red notices, in the framework of the adoption of Regulation (EU) 2022/991 of the European Parliament and of the Council (5)

In the context of the on-going cooperation between the EU and Interpol, the Council welcomes the progress made by Interpol in setting up internal mechanisms to assess, prior to the publication and diffusion of red notices, any violation of Interpol’s constitution. The Member States will continue to support. Interpol in these efforts, and welcome that a representative of Interpol informed at working group level of the Council about these efforts undertaken at Interpol to prevent the abuse of red notices for political reasons or violation of human rights, and call for a continued and regular exchange on the matter between Interpol and its ‘National Central Bureaus’, to raise further awareness on the action to be taken by Member States in cooperation with Interpol. The Council will continue to support Interpol in the promotion of the existing INTERPOL standards and procedures for data quality and compliance and will invite Interpol on a regular basis to inform the Council at working group level.

(1) Regulation (EU) 2022/991 of the European Parliament and of the Council of 8 June 2022 amending Regulation (EU) 2016/794, as regards Europol’s cooperation with private parties, the processing of personal data by Europol in support of criminal investigations, and Europol’s role in research and innovation (OJ L 169, 27.6.2022, p. 1).

(2) Opinion 1/15, EU-Canada PNR Agreement, EU:C:2017:592 (26.7.2017); judgment of 6 October 2015, Schrems, C-362/14, EU:C:2015:650; judgement of 16 July 2020, C-311/18, Schrems II, EU:C:2020:559.

(3) Council Decision (EU) 2021/1312 of 19 July 2021 authorising the opening of negotiations for a cooperation agreement between the European Union and the International Criminal Police Organization (ICPO-INTERPOL).

(4) Council Decision (EU) 2021/1312 of 19 July 2021 authorising the opening of negotiations for a cooperation agreement between the European Union and the International Criminal Police Organization (ICPO-INTERPOL).

(5) Regulation (EU) 2022/991 of the European Parliament and of the Council of 8 June 2022 amending Regulation (EU) 2016/794, as regards Europol’s cooperation with private parties, the processing of personal data by Europol in support of criminal investigations, and Europol’s role in research and innovation (OJ L 169, 27.6.2022, p. 1).