Proposal for a Council Decision on the conclusion of the Agreement between the European Union and the Republic of Iceland and the Kingdom of Norway on the application of certain provisions of the Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union and the 2001 Protocol thereto
Date: 2009-12-17
Institutions: European Commission
Subjects: Iceland, Norway, agreement (EU), criminal proceedings, judicial cooperation, signature of an agreement

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EUROPEAN COMMISSION 

Brussels, 17.12.2009 
COM(2009)704 final 

2009/0189 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement between the European Union and the Republic of 
Iceland and the Kingdom of Norway on the application of certain provisions of the 
Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the 
Member States of the European Union and the 2001 Protocol thereto 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

The objective of the Agreement [OJ L 26 of 29/1/2004] is to improve judicial cooperation in 
criminal matters between the Member States of the European Union and Iceland and Norway 
by  applying  certain  provisions  of  the  Convention  of  29  May  2000  on  Mutual  Assistance  in 
Criminal  Matters  between  Member  States  of  the  European  Union  and  the  2001  Protocol  to 
Iceland and Norway.  

The purpose of the Convention of 29 May 2000 on Mutual Assistance in Criminal Matters is 
to encourage and modernise cooperation between judicial, police and customs authorities by 
supplementing the provisions and facilitating the application of the 1959 Council of Europe 
Convention  on  Mutual  Assistance  in  Criminal  Matters,  and  its  1978  Protocol,  the  1990 
Convention applying the Schengen Agreement and the Benelux Treaty of 1962.  

The convention is supplemented by a Protocol established by the Council in accordance with 
Article  34  of  the  Treaty  on  European  Union  [OJ  C  326  of  21/11/2001]  which  provides  for 
supplementary measures such as requests for information on banking transactions in order to 
combat crime in general and organised crime in particular.  

The signing of the Agreement between the European Union and the Republic of Iceland and 
the Kingdom of Norway on the application of certain provisions of the Convention of 29 May 
2000 on Mutual Assistance in Criminal Matters between the Member States of the European 
Union  and  the  2001  Protocol  thereto  was  authorised  by  the  Council  in  its  Decision  of  17 
December 2003 based on Articles 24 and 38 of the Treaty on European Union. 

The Agreement has not yet been concluded and has not entered into force.  

With  the  entry  into  force  of  the  Lisbon  Treaty  on  1  December  2009,  the  procedures  to  be 
followed to that end by the European Union are governed by Article 218 of the Treaty on the 
Functioning of the European Union. 

The Agreement was signed already 6 years ago and therefore it should now be concluded as 
soon as possible. 

Article  218(6)(a)  of  the  Treaty  on  the  Functioning  of  the  European  Union  states  that  in  the 
case  of  agreements  covering  fields  to  which  the  ordinary  legislative  procedure  applies,  the 
Council  shall  adopt  a  decision  concluding  the  agreement,  after  obtaining  the  consent  of  the 
European Parliament. 

The  Commission  therefore  recommends  to  the  Council,  after  obtaining  the  consent  of  the 
European  Parliament,  to  adopt  a  decision  concluding  the  Agreement  between  the  European 
Union and the Republic of Iceland and the Kingdom of Norway on the application of certain 
provisions  of  the  Convention  of  29  May  2000  on  Mutual  Assistance  in  Criminal  Matters 
between the Member States of the European Union and the 2001 Protocol thereto. 

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2009/0189 (NLE) 

Proposal for a 

COUNCIL DECISION 

on the conclusion of the Agreement between the European Union and the Republic of 
Iceland and the Kingdom of Norway on the application of certain provisions of the 
Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the 
Member States of the European Union and the 2001 Protocol thereto 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union  and  in  particular 
Article 82(1)(d), read in conjunction with Article 218(6)(a) thereof, 

Having regard to the proposal from the Commission,  

Having regard to the consent of the European Parliament, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

On 19 December 2002 the Council authorised the Presidency of the Council, assisted 
by  the  Commission,  to  open  negotiations  with  a  view  to  the  application  of  certain 
provisions  of  the  Convention  of  29  May  2000  on  Mutual  Assistance  in  Criminal 
Matters  between  the  Member  States  of  the  European  Union  and  the  2001  Protocol 
thereto. 

In  accordance  with  Council  Decision  2004/79/EC  of  17  December  2003  the 
Agreement between the European Union and the Republic of Iceland and the Kingdom 
of Norway on the application of certain provisions of the Convention of 29 May 2000 
on Mutual Assistance in Criminal Matters between the Member States of the European 
Union and the 2001 Protocol thereto was signed on…., subject to its conclusion at a 
later date..  

The  Agreement  has  not  yet  been  concluded. With  the  entry  into  force  of  the  Lisbon 
Treaty  on  1  December  2009,  the  procedures  to  be  followed  to  that  end  by  the 
European Union are governed by Article 218 of the Treaty on the Functioning of the 
European Union. 

The Agreement should be concluded. 

[In accordance with Article 3 of Protocol Nº 21 on the Position of the United Kingdom 
and  Ireland  in  respect  of  the  area  of  Freedom,  Security  and  Justice  annexed  to  the 
Treaty on European Union and the Treaty on the Functioning of the European Union, 
the United Kingdom and Ireland have notified their wish to take part in the adoption of 
this Decision.] 

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(6) 

In  accordance  with  Articles  1  and  2  of  Protocol  Nº  22  on  the  Position  of  Denmark 
annexed  to  the  Treaty  on  European  Union  and  the  Treaty  on  the  Functioning  of  the 
European Union, Denmark is not taking part in the adoption of this Decision and is not 
bound by the Agreement or subject to its application, 

HAS ADOPTED THIS DECISION: 

Article 1 

The Agreement between the European Union and the Republic of Iceland and the Kingdom of 
Norway on the application of certain provisions of the Convention of 29 May 2000 on Mutual 
Assistance  in  Criminal  Matters  between  the  Member  States  of  the  European  Union  and  the 
2001 Protocol thereto1, is hereby concluded. 

The text of the Agreement to be concluded is attached to this Decision. 

Article 2 

The President of the Council shall designate the person empowered to proceed, on behalf of 
the European Union, to the notification provided for in Article 6(1) of the Agreement, in order 
to express the consent of the European Union to be bound by the Agreement. 

Article 3 

This  Decision  shall  enter  into  force  on  the  day  of  its  adoption.  It  shall  be  published  in  the 
Official Journal of the European Union. 

The date of entry into force of the Agreement shall be published in the Official Journal of the 
European Union. 

Done at Brussels, 

For the Council 
[The President] 

1 

OJ L 26 of 29.1.2004, p.3. 

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