Proposal for a DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL repealing certain acts in the field of police cooperation and judicial cooperation in criminal matters
Date: 2014-11-28
Institutions: European Commission
Subjects: EU police cooperation, Schengen Information System, children's rights, drug traffic, exchange of information, information technology, judicial cooperation in criminal matters in the EU, trafficking in human beings













EUR-Lex - 52014PC0714 - EN











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52014PC0714

Proposal for a DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL repealing certain acts in the field of police cooperation and judicial cooperation in criminal matters /* COM/2014/0714 final - 2014/0338 (COD) */









EXPLANATORY MEMORANDUM
1.           CONTEXT OF THE PROPOSAL
Ensuring that the EU legislative acquis
remains up to date and fit for purpose is a priority for the Commission.
Already in the Inter-institutional agreement of 16.12.2003 on better law-making[1], the European
Parliament, the Council and the Commission agreed that the volume of the law of
the European Union should be reduced by repealing acts that are no longer
applied. Such acts should
be removed from the law acquis of the European Union to improve transparency and give a
higher degree of certainty for all
citizens and all Member States.
This is in line
with the Commission's policy on Regulatory Fitness. In its Communication of
June 2014 on "Regulatory Fitness and Performance Programme (REFIT): State
of Play and Outlook"[2],
the Commission stated that it was screening the acquis in respect of
police cooperation and judicial cooperation in criminal matters in order to
identify acts which could be repealed in the context of the expiry of the
transitional period set out in the Treaties. 
The Commission has now completed its assessment on the
legal acts related to the area of freedom, security and justice, including the former
third pillar acquis. A number of acts adopted in recent decades have
exhausted all their effects. They are no longer relevant because of their
temporary nature or because their content has been taken up by successive acts.
For reasons of legal certainty, the Commission proposes that the measures
referred to in this proposal are repealed by the European Parliament and the Council.

I. Decision of the Executive Committee SCH/Com-ex
(93)14 on improving practical judicial cooperation for combating drug
trafficking[3]
has only addressed the situation when a Member State refused practical judicial cooperation in combating drug trafficking. That Decision became obsolete since entry
into force of the Convention on Mutual assistance in Criminal matters
between the Member States of the European Union[4] that provides for a broader co-operation among Member States
also in the drug policy area.
II. Declaration of the Executive Committee SCH/Com-ex
(97) decl. 13 rev 2[5] addressed the situations of the abductions of minors or the
unlawful removal of a minor by one of the parents from the person to whom the
right of custody has been attributed. That Declaration became obsolete after
the entry into force of Regulation 562/2006[6] and Commission
Implementing Decision 2013/115/EU[7]
providing for new rules on the check of minors crossing an external border and in
relation to the corresponding activities of the SIRENE bureau. 
III. Decision
of the Executive Committee SCH/Com-ex (98) 52[8] adopted the Schengen handbook on cross-border
police cooperation assisting Member States in carrying out cross-border
operations. That Decision became obsolete after the handbook's content has been
included in the more recent Updated catalogue of recommendations for the
correct application of the Schengen acquis and best practices: police
cooperation[9],
Handbook on cross-border operations[10]
and Compendium on law enforcement liaison officers[11].
IV. Council
Decision 2008/173/EC[12]
set out the detailed scope, organization, coordination and validation procedures
for certain Schengen Information System II (SIS II) tests with the aim to
assess whether during the development phase the SIS II could work in accordance
with the technical and functional requirements as defined in the SIS II legal
instruments. That Decision exhausted its legal effect once the SIS II went live
on 9 April 2013.
2.           RESULTS
OF CONSULTATIONS WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS
Dialogue on identifying legal measures of the former third pillar acquis
that became obsolete took place during 2014 among the Commission and the
representatives of the Member States and of the Council Secretariat within the
Friends of the Presidency Group that has been activated with a view to
examining all the issues linked to the end of the 5 year transitional period
set out in Article 10 of Protocol 36 to the Treaties.
3.           LEGAL ELEMENTS OF THE PROPOSAL
Summary
of the proposed measures
The
proposal repeals a number of legal measures in the field of police cooperation
and judicial cooperation in criminal matters that have been identified as
obsolete. 
Legal basis
The
legal basis for repealing Decision of the Executive Committee of 14 December 1993 on improving practical judicial cooperation for combating drug
trafficking (SCH/Com-ex (93)14) is Article 82 (1) (d) of the Treaty on the
Functioning of the European Union.
The
legal basis for repealing Declaration of the Executive Committee of 9 February
1998 on the abduction of minors (SCH/Com-ex (97) decl. 13 rev 2) is Article
87(2)(a) of the Treaty on the Functioning of the European Union.
The legal basis for
repealing Decision of the Executive Committee of 16
December 1998 on cross-border police cooperation in the area of crime
prevention and detection (SCH/Com-ex (98) 52) is
Article 87(2)(c) of the Treaty on the Functioning of the European Union.
The legal basis for
repealing Council Decision 2008/173/EC of 18 February
2008 on the tests of the second generation Schengen Information System (SIS II) is Article 87(2)(a) of the Treaty on the Functioning of the
European Union.
   Principles of subsidiarity and proportionality   The measures concerned by this proposal are obsolete, either because their content has been taken up by successive acts or because they are no longer relevant due to their temporary nature. Therefore, it is in line with the principles of subsidiarity and of proportionality to repeal those measures. It is for the Union legislator to adopt the necessary measures to that effect. 
   Choice of instrument   
 Proposed instrument: European Parliament and Council decision. 
4.           BUDGETARY IMPLICATION 
The
proposal has no budgetary impact.
2014/0338 (COD)
Proposal for a
DECISION OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL
repealing certain acts in the field of
police cooperation and judicial cooperation in criminal matters 
THE EUROPEAN PARLIAMENT AND 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) and Article
87(2)(a) and (c) thereof,
Having regard to the proposal from the
European Commission,
After transmission of the draft legislative
act to the national Parliaments,
Acting in accordance with the ordinary
legislative procedure,
Whereas:
(1)       Improving the transparency
of Union law is an essential element of the better law-making strategy that the
institutions of the Union are implementing. In that context it is appropriate
to remove from the legislation in force those acts which no longer serve any
purpose.
(2)       A number of acts adopted
in the field of police cooperation and judicial cooperation in criminal matters
are no longer relevant due to their temporary nature or because
their content has been taken up
by successive acts, even though they have not
been repealed.
(3)       Decision of the Executive
Committee SCH/Com-ex (93)14[13] aimed at improving practical judicial cooperation for combating
drug trafficking only for cases of refusal of cooperation by a Member State. That decision became obsolete since entry into force of the Convention on Mutual assistance in Criminal matters
between the Member States of the European Union[14] that provides for a broader co-operation among Member
States in the drug policy.
(4)       Declaration
of the Executive Committee SCH/Com-ex (97) decl. 13 rev 2[15] addressed the situations of the abductions of minors or the
unlawful removal of a minor by one of the parents from the person to whom the
right of custody has been attributed. That declaration became obsolete after
the entry into force of Regulation (EC) No 562/2006 of the European Parliament and of
the Council[16] and Commission
Implementing Decision 2013/115/EU[17] providing for new rules on the check of minors crossing an external
border and in relation to the corresponding activities of the SIRENE bureaus.
(5)       Decision
of the Executive Committee SCH/Com-ex (98) 52[18] adopted the Schengen handbook on cross-border police cooperation assisting
Member States in carrying out cross-border operations. That decision became
obsolete after the handbook's content has been included in the more recent
Updated catalogue of recommendations for the correct application of the
Schengen acquis and best practices: police cooperation, Handbook on
cross-border operations and Compendium on law enforcement liaison officers.
(6)       Council
Decision 2008/173/EC[19] set out the detailed scope, organization, coordination and
validation procedures for certain tests aiming at assessing whether the
Schengen Information System II (SIS II) complies with the technical and
functional requirements as defined in the SIS II legal instruments. That decision
exhausted its legal effect once the SIS II started operation on 9 April 2013.
(7)       For reasons of legal
certainty and clarity, those obsolete Decisions and Declarations should be
repealed.
(8)       Since the objective of
this Decision, namely the repeal of a number of obsolete Union acts in the
field of police cooperation and judicial cooperation in criminal matters cannot
be achieved by Member States but only at Union level, this Decision complies
with the requirements of the principle of subsidiarity as set out in Article 5
of the Treaty. In accordance with the principle of proportionality, as set out
in that Article, this Decision does not go beyond what is necessary in order to
achieve that objective.
(9)       In accordance with Article
1 of the Protocol No 22 on the Position of Denmark, annexed to the Treaty on
European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision. 
(10)     This Decision constitutes a
development of provisions of the Schengen acquis in which Ireland is taking
part in accordance with Article 5 of the Protocol integrating the Schengen acquis
into the framework of the European Union annexed to the Treaty on European
Union and to the Treaty on the Functioning of the European Union, and Article
6(2) of Council Decision 2002/192/EC[20].

(11)     On 24 July 2013, the United Kingdom made the notification referred to in the first subparagraph of Article 10(4)
of Protocol (No 36) on transitional provisions that it does not accept, with
respect to the acts referred to in Article 10(1) of that Protocol, the
powers of the institutions referred to in Article 10(1) of Protocol. As a consequence,
all acts referred to in Article 10(1) of that Protocol shall cease to
apply to the United Kingdom as from 1 December 2014. On 20 November 2014
the United Kingdom made the notification referred to in Article 10(5) of that Protocol.
The United Kingdom notified, with effect on 1 December 2014, its wish to
participate in 35 acts which would otherwise cease to apply to it as from the
same date pursuant to Article 10(4) of the same Protocol. This list of 35
notified acts does not include the ones referred to in this Decision. The United Kingdom is therefore not taking part in the adoption of this Decision.  
(12)     As regards Iceland and
Norway, this Decision constitutes a development of provisions of the Schengen acquis
within the meaning of the Agreement concluded by the Council 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[21]
which fall within the area referred to in Article 1 of Council Decision
1999/437/EC[22].
(13)     As regards Switzerland,
this Decision constitutes a development of provisions of the Schengen acquis
within the meaning of the Agreement concluded between the European Union, the
European Community and the Swiss Confederation concerning the association of
the Swiss Confederation with the implementation, application and development of
the Schengen acquis[23],
which fall within the area referred to in Article 1 of Decision 1999/437/EC
read in conjunction with Article 3 of Council Decision 2008/149/JHA[24].
(14)     As regards Liechtenstein,
this Decision constitutes a development of the provisions of the Schengen acquis
within the meaning of the Protocol between the European Union, the European
Community, the Swiss Confederation and the Principality of Liechtenstein on the
accession of the Principality of Liechtenstein to the Agreement between the
European Union, the European Community and the Swiss Confederation on the Swiss
Confederation’s association with the implementation, application and
development of the Schengen acquis[25], 
which fall within the area referred to in Article 1 of Decision 1999/437/EC
read in conjunction with Article 3 of Council Decision 2011/349/EU[26],
HAVE ADOPTED THIS DECISION:
Article 1
Repeal
of obsolete acts
The Decisions of the Executive Committee SCH/Com-ex (93)14 and (98) 52,  the Declaration
of the Executive Committee SCH/Com-ex (97) decl. 13 rev 2 and the Council Decision 2008/173/EC are repealed. 
Article 2
Entry
into force
This Decision shall enter into force on the
twentieth day following that of its publication in the Official Journal of
the European Union.
Done at Brussels,
For the European Parliament                        For
the Council
The President                                                 The
President
[1]               OJ C 321, 31.12.2003, p. 1.
[2]               COM(2014) 368 final,
18.6.2014.
[3]              Decision of the Executive
Committee of 14 December 1993 on improving practical judicial cooperation for
combating drug trafficking (SCH/Com-ex (93) 14) (OJ L 239, 22.9.2000, p. 427).
[4]               Convention
of 29 May 2000, established by the Council in accordance with Article 34 of the
Treaty on European Union, on Mutual assistance in Criminal matters between the
Member States of the European Union and Protocol to the Convention on Mutual Assistance in Criminal Matters between the
Member States of the European Union established by the Council in accordance
with Article 34 of the Treaty on European Union (OJ C 326 of
21.11.2001).
[5]               Declaration of the Executive
Committee of 9 February 1998 on the abduction of minors (SCH/Com-ex (97) decl.
13 rev 2) (OJ L 239, 22.9.2000, p. 436).
[6]               Regulation (EC) No 562/2006
of the European Parliament and of the Council of 15 March 2006 establishing a
Community Code on the rules governing the movement of persons across borders
(Schengen Borders Code) (OJ L 105, 13.4.2006, p. 1–32).
[7]               Commission
Implementing Decision 2013/115/EU of 26 February 2013 on the Sirene Manual and
other implementing measures for the second generation Schengen Information
System (SIS II) (OJ L 71, 14.3.2013, p. 1).
[8]               Decision
of the Executive Committee of 16 December 1998 on the Handbook on cross-border
police cooperation (SCH/Com-ex (98) 52) (OJ L 239, 22.9.2000, p. 408). 
[9]               15785/2/10
REV 2, 25 January 2011.
[10]             10505/2/09
REV 2, 3 September 2009.
[11]          10504/2/09
REV 2, 17 July 2009.
[12]             Council
Decision 2008/173/EC of 18 February 2008 on the tests of the second generation
Schengen Information System (SIS II) (OJ L 57, 1.3.2008, p. 14).
[13]             Decision of the
Executive Committee of 14 December 1993 on improving practical judicial
cooperation for combating drug trafficking (SCH/Com-ex (93) 14) (OJ L 239, 22.9.2000, p. 427)
[14]             Convention
of 29 May
2000, established by the Council in
accordance with Article 34 of the Treaty on European Union, on
Mutual assistance in Criminal matters
between the Member States of the European
Union (OJ C 197, 12.7.2000, p. 3) and Protocol to the Convention on
Mutual Assistance in Criminal Matters between the Member States of the European
Union established by the Council in accordance with Article 34 of the
Treaty on European Union (OJ C 326, 21.11.2001, p. 1).
[15]             Declaration of the Executive Committee of 9 February
1998 on the abduction of minors (SCH/Com-ex (97) decl. 13 rev 2) (OJ L 239,
22.9.2000, p. 436).
[16]             Regulation (EC) No 562/2006 of the European Parliament
and of the Council of 15 March 2006 establishing a Community Code on the rules
governing the movement of persons across borders (Schengen Borders Code) (OJ L
105, 13.4.2006, p. 1).
[17]             Commission Implementing Decision 2013/115/EU of 26
February 2013 on the Sirene Manual and other implementing measures for the
second generation Schengen Information System (SIS II) (OJ L 71, 14.3.2013, p.
1).
[18]             Decision of the Executive Committee of 16 December 1998
on the Handbook on cross-border police cooperation (SCH/Com-ex (98) 52) (OJ L
239, 22.9.2000, p. 408).
[19]             Council Decision 2008/173/EC of 18 February 2008 on the
tests of the second generation Schengen Information System (SIS II) (OJ L 57,
1.3.2008, p. 14).
[20]             OJ L 64, 7.3.2002, p. 20.
[21]             OJ L 176, 10.7.1999, p. 36.
[22]             Council
Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application
of the Agreement concluded by the Council of the European Union and the
Republic of Iceland and the Kingdom of Norway concerning the association of
those two States with the implementation, application and development of the
Schengen acquis (OJ L 176, 10.7.1999,
p.31).
[23]             OJ L
53, 27.2.2008, p. 52.
[24]             Council
Decision 2008/149/JHA of 28 January 2008 on the conclusion on behalf of the
European Union of the Agreement between the European Union, the European
Community and the Swiss Confederation on the Swiss Confederation's association
with the implementation, application and development of the Schengen acquis
(OJ L 53, 27.2.2008, p. 50)
[25]             OJ L
160, 18.6.2011, p. 3.
[26]             Council
Decision 2011/349/EU of 7 March 2011 on the conclusion on behalf of the
European Union of the Protocol between the European Union, the European
Community, the Swiss Confederation and the Principality of Liechtenstein on the
accession of the Principality of Liechtenstein to the Agreement between the
European Union, the European Community and the Swiss Confederation on the Swiss
Confederation’s association with the implementation, application and
development of the Schengen acquis, relating in particular to judicial
cooperation in criminal matters and police cooperation (OJ L 160,
18.6.2011, p. 1).