European Parliament legislative resolution on the initiative of the United Kingdom of Great Britain and Northern Ireland with a view to the adoption of a Council Decision amending Decision 2003/170/JHA on the common use of liaison officers posted abroad by the law enforcement agencies of the Member States (10706/2005 - C6-0255/2005 - 2005/0808 (CNS))
Date: 2006-04-05
Institutions: Committee on Civil Liberties, Justice and Home Affairs, European Parliament
Subjects: EU police cooperation, Europol, international organisation, operation of the Institutions, personnel administration, third country

C 293 E/206

Official Journal of the European Union

EN

2.12.2006

Wednesday 5 April 2006

P6_TA(2006)0126

TEXTS ADOPTED

The common use of
agencies of the Member States *

liaison officers posted abroad by the law enforcement

European Parliament legislative resolution on the initiative of the United Kingdom of Great Britain
and Northern Ireland with a view to the adoption of a Council Decision amending Decision 2003/
170/JHA on the common use of liaison officers posted abroad by the law enforcement agencies of
the Member States (10706/2005 — C6-0255/2005 — 2005/0808 (CNS))

(Consultation procedure)

The European Parliament,

— having regard to the initiative of the United Kingdom of Great Britain and Northern Ireland (10706/

2005),

— having regard to Article 34(2)(c) of the EU Treaty,

— having regard to Article 39(1) of the EU Treaty, pursuant to which it was consulted by the Council

(C6-0255/2005),

— having regard to Rules 93 and 51 of its Rules of Procedure,

— having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A6-0064/

2006),

1.

2.

3.

Approves the initiative of the United Kingdom of Great Britain and Northern Ireland as amended;

Calls on the Council to amend the text of the initiative accordingly;

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

Asks to be consulted again if the Council intends to make substantial amendments to the initiative of

4.
the United Kingdom of Great Britain and Northern Ireland;

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

5.
of the United Kingdom of Great Britain and Northern Ireland.

TEXT PROPOSED BY THE UNITED KINGDOM OF
GREAT BRITAIN AND NORTHERN IRELAND

AMENDMENTS
BY PARLIAMENT

Amendment 1
RECITAL 1A (new)

(1a) As regards Iceland and Norway, this Decision (with the
exception of the first and second paragraphs of Article 1) con-
stitutes a development of the Schengen ‘acquis’ provisions
within the meaning of the Agreement concluded by the Coun-
cil of the European Union and the Republic of Iceland and the
Kingdom of Norway concerning the latters' association with
the implementation, application and development of
the
Schengen ‘acquis’ (1), which fall within the field referred to in
Article 1(H) of Council Decision 1999/437/EC of 17 May
1999 on certain arrangements for the application of that
Agreement (2),

(1) OJ L 176, 10.7.1999, p. 36.
(2) OJ L 176, 10.7.1999, p. 31.

2.12.2006

EN

Official Journal of the European Union

C 293 E/207

TEXT PROPOSED BY THE UNITED KINGDOM OF
GREAT BRITAIN AND NORTHERN IRELAND

AMENDMENTS
BY PARLIAMENT

Wednesday 5 April 2006

Amendment 2

ARTICLE 1, POINT 1
Article 1, paragraph 1, subparagraph 1a (Decision 2003/170/JHA)

‘Europol

liaison officer’ means a Europol
In this Decision,
employee, posted abroad to one or more third countries or to
international organisations to support and coordinate the coop-
eration with the authorities in those countries or organisations
and Europol by facilitating the exchange of information between
them.

‘Europol

liaison officer’ means a Europol
In this Decision,
employee, posted abroad to one or more third countries or to
international organisations to support and coordinate the coop-
eration both between the authorities in those countries or organi-
sations and Europol and amongst the liaison officers posted by
law enforcement agencies to the third
the Member States'
country or international organisation to which he is posted,
by facilitating the exchange of information between them.

Amendment 3

ARTICLE 1, POINT 2
Article 1, paragraph 2, subparagraph 1a (Decision 2003/170/JHA)

liaison officers'
This Decision is without prejudice to Europol
tasks within the framework of
its
implementing arrangements, and cooperation agreements con-
cluded between Europol and the third country or international
organisation concerned.

the Europol Convention,

This Decision is without prejudice to Europol
liaison officers'
tasks within the framework of the Europol Convention, the
arrangements made for its implementation, and cooperation
agreements concluded between Europol and the third country
or international organisation concerned.

Amendment 4

ARTICLE 1, POINT 2A (new)
Article 2, paragraph 1 (Decision 2003/170/JHA)

2a) in Article 2, paragraph 1 shall be replaced by the follow-

ing text:

Each Member State shall duly ensure both that its
1.
liaison officers establish and maintain direct contacts
with competent authorities in the host State or the inter-
national organisation with a view to facilitating and
expediting the collection and exchange of information
its liaison officers immediately and directly
and that
exchange the information collected with Europol.

Amendment 5

ARTICLE 1, POINT 2B (new)
Article 2, paragraph 3 (Decision 2003/170/JHA)

2b) in Article 2, paragraph 3 shall be replaced by the follow-

ing text:

Liaison officers shall carry out their tasks within
3.
the framework of their responsibilities and in compliance
with the provisions, including those on the protection of
personal data, laid down in their country's laws, in the
Europol Convention and in any agreements concluded
with the host States or international organisations.

C 293 E/208

Official Journal of the European Union

EN

2.12.2006

Wednesday 5 April 2006

TEXT PROPOSED BY THE UNITED KINGDOM OF
GREAT BRITAIN AND NORTHERN IRELAND

AMENDMENTS
BY PARLIAMENT

Amendment 6
ARTICLE 1, POINT 2C (new)
Article 2, paragraph 3a (new) (Decision 2003/170/JHA)

2c) the following paragraph shall be added to Article 2:

3a. Where liaison officers are several in number and
are posted by different Member States to the same third
country or international organisation, they shall coor-
dinate their activities and their tasks in such a way that
any overlap in their work is reduced to a minimum. To
this end they shall organise themselves with a view to
working as a team and they shall seek to develop links
with liaison officers seconded to other countries with
whom cooperation is necessary or useful in the task of
collecting, adding to and linking information beyond the
national, multinational or organisational
framework
within which they are posted.

Amendment 7
ARTICLE 1, POINT 3
Article 4, paragraph 1, new sentence (Decision 2003/170/JHA)

Such meetings may also be held at the initiative of any other
Member State and especially of those Member States acting as a
‘lead nation’ for the EU cooperation in a particular country or
region.

Such meetings may also be held at the initiative of Europol or
any other Member State and especially of those Member States
acting as a ‘lead nation’ for the EU cooperation in a particular
country or region.

Amendment 8
ARTICLE 1, POINT 3A (new)
Article 4, paragraph 2 (Decision 2003/170/JHA)

3a) in Article 4, paragraph 2 shall be replaced by the follow-

ing text:

that

their

shall

ensure

liaison
2. Member States
officers posted to the same third country or international
organisation provide each other with assistance in con-
tacts with the authorities of the host State. The Member
States shall seek mutual agreement on how the tasks to
be performed are distributed amongst their liaison officers
posted to the same third country or international organi-
sation, ensuring that the interests of all EU countries are
identified and duly taken into account. If such distribu-
tion of tasks is not agreed amongst the Member States,
Europol and its liaison officer posted to that third country
or international organisation (in cases where there is such
an officer) shall undertake to effect and implement such a
distribution.

Amendment 9
ARTICLE 1, POINT 3B (new)
Article 4, paragraph 3 (Decision 2003/170/JHA)

3b) in Article 4, paragraph 3 shall be replaced by the follow-

ing text:

3. Member States shall bilaterally or multilaterally
instruct liaison officers who are posted to a third country

2.12.2006

EN

Official Journal of the European Union

C 293 E/209

TEXT PROPOSED BY THE UNITED KINGDOM OF
GREAT BRITAIN AND NORTHERN IRELAND

AMENDMENTS
BY PARLIAMENT

Wednesday 5 April 2006

or an international organisation by a Member State to
look after the particular interests of one or more other
Member States and shall act more globally, taking into
account the EU interest.

Amendment 10
ARTICLE 1, POINT 3C (new)
Article 5, paragraph 1 (Decision 2003/170/JHA)

3c) in Article 5, paragraph 1 shall be replaced by the follow-

ing text:

that

their

shall

ensure

liaison
1. Member States
officers in third countries and international organisations
shall, in accordance with national law, the Europol Con-
vention and relevant international instruments and sub-
ject to compliance with applicable provisions governing
the protection of personal data, provide their respective
national authorities and Europol with information relat-
ing to serious criminal threats to other Member States
not represented by their own liaison officers in the third
country or international organisation concerned. National
authorities shall assess, in accordance with national law
and the Europol Convention and according to the serious-
ness of the threat, whether the Member States concerned
should be informed.

Amendment 11
ARTICLE 1, POINT 3D (new)
Article 5, paragraph 2 (Decision 2003/170/JHA)

3d) in Article 5, paragraph 2 shall be replaced by the follow-

ing text:

shall,

instruments and subject

2. Member States' liaison officers in third countries or
international organisations
in accordance with
national law, the Europol Convention and relevant inter-
national
to compliance with
applicable provisions governing the protection of personal
data, provide information relating to serious criminal
threats to other Member States directly to the liaison
officers of the Member State in question and Europol, if
that Member State is represented in the third country or
international organisation concerned.

Amendment 12
ARTICLE 1, POINT 3E (new)
Article 5, paragraph 4 (Decision 2003/170/JHA)

3e) in Article 5, paragraph 4 shall be replaced by the follow-

ing text:

4. Member States shall deal with any request as
described in paragraph 3 in accordance with their respec-
tive national
law, the Europol Convention and relevant
international instruments, and shall state as speedily as
possible whether such a request may be met.

C 293 E/210

Official Journal of the European Union

EN

2.12.2006

Wednesday 5 April 2006

TEXT PROPOSED BY THE UNITED KINGDOM OF
GREAT BRITAIN AND NORTHERN IRELAND

AMENDMENTS
BY PARLIAMENT

Amendment 13
ARTICLE 1, POINT 4
Article 8, paragraph 3 (Decision 2003/170/JHA)

3.
In accordance with national law and the Europol Conven-
tion, Member States may make a request to Europol to use
Europol liaison officers seconded to third countries or inter-
national organisations, with a view to the exchange of relevant
information. Requests shall be addressed to Europol via the
Member States' national units in accordance with the Europol
Convention.

3.
In accordance with the Europol Convention, Member
States shall ensure that, where possible and necessary, a
request is made to Europol with a view to securing access to
its liaison officers seconded to third countries or international
organisations, so that full use can be made of Europol channels
for the purpose of exchanging relevant information. Requests
shall be addressed to Europol via the Member States' national
units in accordance with the Europol Convention.

P6_TA(2006)0127

Citizens for Europe programme (2007-2013) ***I

European Parliament legislative resolution on the proposal for a decision of the European Parlia-
ment and of the Council establishing for the period 2007-2013 the programme ‘Citizens for Europe’
to promote active European citizenship (COM(2005)0116 — C6-0101/2005 — 2005/0041(COD))

(Codecision procedure: first reading)

The European Parliament,

— having regard to the Commission proposal to the European Parliament and the Council (COM(2005)

0116) (1),

— having regard to Article 251(2) and Articles 151 and 308 of the EC Treaty, pursuant to which the

Commission submitted the proposal to Parliament (C6-0101/2005),

— having regard to Rule 51 of its Rules of Procedure,

— having regard to the report of the Committee on Culture and Education and the opinions of the
Committee on Budgets, the Committee on Civil Liberties, Justice and Home Affairs and the Committee
on Constitutional Affairs (A6-0076/2006),

1.

Approves the Commission proposal as amended;

Stresses that the appropriations set out in the legislative proposal for the post-2006 period are depen-

2.
dent on the decision on the next multiannual financial framework;

Calls on the Commission to submit, where appropriate, a proposal to adjust the financial reference

3.
amount for this programme once the next multiannual financial framework has been adopted;

Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal

4.
substantially or replace it with another text;

5.

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

(1) Not yet published in OJ.