Initiative of the Kingdom of the Netherlands with a view to adopting a Council Decision amending the Council Decision of 28 November 2002 setting up a European Network for the protection of public figures
Date: 2008-12-30
Institutions: Netherlands
Subjects: European Union, crime against individuals, exchange of information, information network, judicial cooperation in criminal matters in the EU, official visit, terrorism

C 330/2

EN

Official Journal of the European Union

30.12.2008

III

(Preparatory Acts)

COUNCIL

Initiative of the Kingdom of the Netherlands with a view to adopting a Council Decision amending
the Council Decision of 28 November 2002 setting up a European Network for the protection of
public figures

(2008/C 330/03)

THE COUNCIL OF THE EUROPEAN UNION,

who are deemed to be under threat because of their
contribution to or impact on the public debate,

Having regard to the Treaty on European Union, and in particu-
lar Article 30(1)(a) and (c) and Article 34(2)(c) thereof,

Having regard to the initiative of the Kingdom of the Nether-
lands (1),

HAS DECIDED AS FOLLOWS:

Having regard to the opinion of the European Parliament (2),

Whereas:

Article 1

(1)

(2)

(3)

(4)

There is a need to better protect non-officials who are
deemed to be under threat because of their contribution
to or impact on the public debate. The possibility of
assaults and attacks on those public figures cannot be
excluded.

The protection of public figures is the responsibility of
the host Member State. Protective measures of the host
Member State are based solely on the legal provisions in
force in that Member State and the relevant international
agreements.

The European Network for
the Protection of Public
Figures, which was set up in 2002, could contribute to
providing protection as a formal channel for communica-
tion and consultation between national Authorities.

It is therefore considered appropriate to amend Council
Decision 2002/956/JHA of 28 November 2002 setting
up a European Network for the Protection of Public
Figures (3) so that it would also apply to non-officials

(1) OJ C …
(2) Not yet published in the Official Journal.
(3) OJ L 333, 10.12.2002, p. 1.

Decision 2002/956/JHA is hereby amended as follows:

1. Article 2 shall be replaced by the following:

‘Article 2

For the purposes of this Decision, “public figure” shall mean
any person, either in an official capacity or in a non-official
position who is deemed to be under threat because of his or
her contribution to or impact on the public debate, and
who,
in the view of the Member State concerned, merits
protection, and to whom a protection service is assigned in
accordance with the national legislation of a Member State
or pursuant to the regulations of an international or suprana-
tional organisation or institution.’;

2. the following point shall be added to Article 4:

‘(f) favouring contacts between the

relevant authorities
within the Member States responsible for
rendering
protection services, either through the contact points or
directly between the responsible services, as communi-
cated by the contact points, concerning the application
of protection in cases where the protection of public
figures has to be assured in two or more Member States.’.

30.12.2008

EN

Official Journal of the European Union

C 330/3

This Decision shall take effect on the twentieth day following that of its publication in the Official Journal of
the European Union.

Article 2

Done at Brussels, …

For the Council

The President