CELEX: 52014PC0715
Language: en
Date: 2014-11-28
Title: Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL repealing certain acts in the field of police cooperation and judicial cooperation in criminal matters

|
			
		
		
		52014PC0715
		
			Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL repealing certain acts in the field of police cooperation and judicial cooperation in criminal matters /* COM/2014/0715 final - 2014/0339 (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identify acts which could be repealed in the context of the expiry of the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 revoked by the European Parliament and the Council.

I. Council Joint Action 96/610/JHA[3] created
a Directory of specialised counterterrorist competences, skills and expertise in
order to make them more widely and readily available to agencies in all Member
States, thus enhancing Member States' counter-terrorist capability. That Joint
Action became obsolete since Council Decision 2009/371/JHA[4]
entrusted Europol to support and strengthen action by the competent
authorities of the Member States and their mutual cooperation in preventing and
combating terrorism and the Council Decision 2008/615/JHA[5] (so-called Prüm
Decision) introduced a new framework for cross-border cooperation on combating
terrorism.
II.
Council Joint Action 96/699/JHA[6] on the exchange of information on
the chemical profiling of drugs to facilitate combating illicit drug
trafficking. That Joint Action became obsolete after the entry into force of the
Council
Decision 2009/371/JHA[7] establishing
Europol that has incorporated the formerly existing Drug Unit and of the
Convention
on Mutual
assistance in Criminal matters
between the Member States of
the European Union[8] that provides for a broader co-operation among Member States in
the drug policy area. 
III.
Council Joint Action 96/747/JHA[9]
aimed at strengthening the cooperation between Member States' law enforcement
agencies by providing assistance in cooperation in fighting crime across the EU. That
Joint Action became obsolete since Council Decision 2009/371/JHA[10] entrusted Europol with
developing specialist knowledge of the investigative procedures of the Member
States' competent authorities and providing advice to the national authorities on
investigations. Moreover, following the development by Europol of the Europol
Platform for Experts (EPE), Member States’ Heads of Europol National Unit
(HENU) took the decision on 16 February 2012 to close the directory provided
for by the Joint Action 96/747/JHA. 
IV. Council Joint Action 96/750/JHA[11]concerning
the approximation of the laws and practices to combat drug addiction and to
combat illegal drug trafficking. That Joint Action became obsolete since entry into force of the
Convention on Mutual
assistance in Criminal matters  between
the Member States of
the European Union[12] that provides for a broader co-operation among Member States
also in the drug policy area and
Council
Framework Decision 2004/757/JHA[13]
on minimum provisions on criminal acts and penalties in the field of illicit
drug trafficking that has laid down more stringent rules on definitions and
sanction of certain criminal acts in the drug policy area.
V. Council Joint Action 97/339/JHA[14]
allowed for cooperation and mandated information sharing between Member States
regarding large scale events in order to maintain law and order and prevent
criminal offences. That Joint Action became obsolete since the Council Decision
2008/615/JHA[15]
(so-called Prüm Decision) introduced a new framework for cooperation for
maintaining public order and security for major events and exchange of data. In
addition, Council Decisions 2002/348/JHA[16]
and 2007/412/JHA[17]
set up National Football Information Points to coordinate and facilitate
international police co-operation and information exchange in connection with
football matches with an international dimension.  
VI. Council Joint Action 97/372/JHA[18] aimed
at increasing information and intelligence sharing among customs authorities
and other law enforcement authorities in particular on drugs. That Joint
Action became obsolete after the entry into force of the Naples Convention[19] which provides for
more detailed rules on the mutual assistance and cooperation between Member
States for preventing and detecting infringements of national customs
provisions, and prosecuting and punishing infringements of Community and
national customs provisions. Furthermore, Council Decision 2009/917/JHA[20] increased the
effectiveness of the cooperation and control procedures of the customs
authorities by setting up a customs information system (CIS) with the aim to
prevent, investigate and prosecute breaches of Community customs or
agricultural legislation. In addition Council Decision
2009/371/JHA entrusted Europol with tasks aimed at
supporting customs cooperation.
VII. Council Joint
Action 98/427/JHA[21] on good practice in mutual legal assistance in Criminal Matters became obsolete since the entry into force of the Convention on Mutual assistance in Criminal matters between the Member States of the European Union[22] that provides for a broader co-operation
in criminal matters among Member States.
VIII. Council Act of 3 December 1998 laying down the staff
regulations applicable to Europol[23]
employees applied to staff engaged by Europol before the entry into force of Council
Decision 2009/371/JHA. However, the employment contracts in force are to come soon
to their end rendering these staff regulations obsolete. Transitional
provisions foreseen by the present proposal ensure that these employment
contracts remain to be governed by that act pending their termination. 
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 of the former third pillar acquis that have been identified as obsolete. 
 Legal basis The legal basis for repealing Council Joint Action 96/610/JHA is Article 87(2)(c) of the Treaty on the Functioning of the European Union. The legal basis for repealing Council Joint Action 96/699/JHA is Article 87(2) of the Treaty on the Functioning of the European Union. The legal basis for repealing Council Joint Action 96/747/JHA is Article 88(2)(a) of the Treaty on the Functioning of the European Union. The legal basis for repealing Council Joint Action 96/750/JHA is Article 83 (1) and 87(2) of the Treaty on the Functioning of the European Union. The legal basis for repealing Council Joint Action 97/339/JHA is Article 87(2) of the Treaty on the Functioning of the European Union. The legal basis for repealing Joint Action 97/372/JHA is Article 87(2) of the Treaty on the Functioning of the European Union. The legal basis for repealing Council Joint Action 98/427/JHA is Article 82 (1) of the Treaty on the Functioning of the European Union. The legal basis for repealing the Council Act of 3 December 1998 laying down the staff regulations applicable to Europol is Article 88 (2) 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 regulation. 
 Article 88 (2) of the Treaty on the Functioning of the European Union provides that Europol's structure, operation, field of action and tasks are to be determined by the European Parliament and the Council by means of regulations. A regulation is therefore the form of act expressly provided for in this provision of primary law.   
4.           BUDGETARY IMPLICATION 
The proposal has no budgetary impact
2014/0339 (COD)
Proposal for a
REGULATION 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) and 83 (1)
and 87(2) and Article 88(2) thereof, 
Having regard to the proposal from the
European Commission[24],
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 lawmaking 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
have become obsolete
due to their
temporary nature or because their content
has been taken up by successive acts, even though they have not been repealed.
(3)       Council Joint Action
96/610/JHA[25]
created a Directory of specialised counterterrorist competences, skills and
expertise in order to make them more widely and readily available to agencies
in all Member States. That Joint Action became obsolete since Council Decision
2009/371/JHA[26]
entrusted Europol to support and strengthen action by the competent authorities
of the Member States and their mutual cooperation in preventing and combating
terrorism and the Council Decision 2008/615/JHA[27] introduced a new
framework for cross-border cooperation on combating terrorism.
(4)       By Council Joint Action 96/699/JHA[28] Europol Drugs Unit was
designated as the authority to which information from Member States concerning
chemical profiling was to be transmitted. That joint action
became obsolete after the entry into force of the Council Decision 2009/371/JHA[29] and of the Convention on Mutual assistance in Criminal matters between the Member States[30].
(5)       Council
Joint Action 96/747/JHA[31] aimed at strengthening the cooperation between Member States' law
enforcement agencies by creating a directory of areas of specialized competencies,
skills and expertise. That joint action became obsolete after the entry into
force of Decision 2009/371/JHA which entrusted Europol with the task of
developing specialist knowledge of the investigative procedures of the Member
States' competent authorities and to provide advice on investigations. 
(6)       Council Joint Action 96/750/JHA[32] aimed at reinforcing the cooperation of the relevant authorities of
the Member States in the fight against drug addiction
and to call on Member States to approximate their laws to make them mutually
compatible to the extent necessary to prevent and combat illegal drug
trafficking in the Union. That joint action became obsolete since entry into force of the Convention on Mutual assistance
in Criminal matters between the Member States of the European
Union and of Council
Framework Decision 2004/757/JHA[33]. 
(7)       Council Joint Action
97/339/JHA[34]
allowed for cooperation and mandated information sharing between Member States
regarding large scale events which are attended by large numbers of people from
more than one Member State in order to maintain law and order, protect people
and their property, and prevent criminal offences. That joint action became
obsolete after the entry into force of Council Decisions 2008/615/JHA[35], 2002/348/JHA[36] and 2007/412/JHA[37] which provided for new
rules on the exchange of non-personal and personal data and other forms of
cooperation for maintaining public order and security for major events. 
(8)       Council Joint Action
97/372/JHA[38] aimed at increasing information and intelligence sharing among
customs authorities and other law enforcement authorities in particular on drugs.
That joint action become obsolete after the entry into force of Council Act
98/C 24/01[39]
 drawing up the Naples Convention which introduced detailed rules on mutual
assistance and cooperation between the Member States for preventing and
detecting infringements of national customs provisions, of Council Decision
2009/917/JHA[40]
that increased the effectiveness of the cooperation and control procedures of
the customs authorities by setting up a customs information system (CIS) and of
the  Council Decision 2009/371/JHA that provided Europol with tasks aimed at
supporting customs cooperation. 
(9)       Council
Joint Action 98/427/JHA[41] on good practice in mutual legal assistance in Criminal Matters aimed
at exchange of good practice among Member States for
executing requests for legal assistance in criminal matters. That joint action has become obsolete. It has never been evaluated and has de facto lost
its relevance with
the entry into force
of the Convention
on Mutual assistance in Criminal matters between the Member States.
(10)     The
Council Act 1999/C 26/07 [42] still applies to staff engaged by Europol before the entry into
force of the Council Decision 2009/371/JHA. However the employment contracts in
force are to come soon to their end and thus rendering these staff regulations
obsolete.
(11)     For reasons of legal
certainty and clarity, those obsolete joint actions and the Council Act should
be repealed.
(12)     Since the objective of this
Regulation, 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 Regulation 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 Regulation does not go beyond what is necessary in order
to achieve that objective.
(13)     In
accordance with Article 1 of 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 Regulation.
(14)     In
accordance with Articles 1 and 2 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 to the Treaty on the
Functioning of the European Union, and without prejudice to Article 4 of that
Protocol, those Member States are not taking part in the adoption of this Regulation,
HAVE ADOPTED THIS REGULATION:
Article 1
Repeal of obsolete acts
The Joint Actions 96/610/JHA, 96/699/JHA, 96/747/JHA, 96/750/JHA,
97/339/JHA, 97/372/JHA 98/427/JHA and the Council Act 1999/C 26/07 are repealed. 
Article 2
Transitional provisions
Contracts concluded under the Council Act 1999/C
26/07 shall remain to be governed by that act. 
Article 3
Entry
into force
This Regulation shall enter into force on
the twentieth day following that of its publication in the Official Journal
of the European Union.
This Regulation shall be binding
in its entirety and directly applicable in all Member States.
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]               Joint
Action 96/610/JHA of 15 October 1996 adopted by the Council on the basis of
Article K.3 of the Treaty on European Union concerning the creation and
maintenance of a Directory of specialized counter-terrorist competences, skills
and expertise to facilitate counter- terrorist cooperation between the Member
States of the European Union (OJ L 273, 25.10.1996, p. 1).
[4]               Council Decision 2009/371/JHA of 6 April 2009
establishing the European Police Office (Europol) (OJ L 121, 15.5.2009, p. 37).
[5]               Council Decision 2008/615/JHA of 23 June 2008 on the
stepping up of cross-border cooperation, particularly in combating terrorism
and cross-border crime (OJ L 210, 6.8.2008, p. 1).
[6]               Council
Joint Action 96/699/JHA of 29 November 1996 adopted by the Council on the basis
of Article K.3 of the Treaty on European Union, concerning the exchange of
information on the chemical profiling of drugs to facilitate improved
cooperation between Member States in combating illicit drug trafficking (OJ L 322 of 12 December 1996, p. 5).
[7]               Council
Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office
(Europol), OJ L 121 of 15.5.2009, p. 37.
[8]               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.
[9]               Council Joint Action 96/747/JHA
of 29 November 1996 adopted by the Council on the basis of Article K.3 of the
Treaty on European Union, concerning the creation and maintenance of a
directory of specialized competences, skills and expertise in the fight against
international organized crime, in order to facilitate law enforcement
cooperation between Member States of the European Union (OJ L 342, 31.12.1996, p.2).
[10]             Council Decision 2009/371/JHA of 6 April 2009
establishing the European Police Office (Europol) (OJ L 121, 15.5.2009, p. 37).
[11]             Council Joint
Action 96/750/JHA of 17 December 1996 adopted by the Council on the basis of
Article K.3 of the Treaty on European Union concerning the approximation of the
laws and practices of the Member States of the EU to combat drug addiction and
to prevent and combat illegal drug trafficking (OJ L 342 of 31 December 1996,
p. 6).
[12]             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).
[13]             Council Framework Decision
2004/757/JHA of 25 october 2004 laying down minimum provisions on the
constituent elements of criminal acts and penalties in the field of illicit
drug trafficking OJ L 335, 11.11.2004, p. 8.
[14]             Council Joint Action 97/339/JHA of 26 May 1997 adopted
by the Council on the basis of Article K.3 of the Treaty on European Union with
regard to cooperation on law and order and security (OJ L 147, 5.06.1997, p.1).
[15]             Council Decision 2008/615/JHA of 23 June 2008 on the
stepping up of cross-border cooperation, particularly in combating terrorism
and cross-border crime (OJ L 210, 6.8.2008, p. 1).
[16]             Council Decision 2002/348/JHA of 25 April 2002
concerning security in connection with football matches with an international
dimension (OJ L 121, 8.5.2002, p. 1).
[17]             Council Decision 2007/412/JHA of 12 June 2007 amending
Decision 2002/348/JHA concerning security in connection with football matches
with an international dimension (OJ L 155, 15.6.2007, p. 76).
[18]             Council Joint Action 97/372/JHA of 9 June 1997 adopted
by the Council on the basis of Article K.3 of the Treaty on European Union, for
the refining of targeting criteria, selection methods, etc., and collection of
customs and police information (OJ L 159, 17.6.1997, p. 1).
[19]             Council Act 98/C 24/01 of 18
December 1997 drawing up, on the basis of Article K3 of the Treaty on European
Union, the Convention on mutual assistance and cooperation between customs
administrations (OJ C 24,
23.1.1998).
[20]             Council Decision 2009/917/JHA
of 30 November 2009 on the use of information technology for customs purposes (OJ L 323, 10.12.2009, p. 20).
[21]             Council Joint Action 98/427/JHA of 29 June 1998 adopted by the Council on the basis of Article K.3 of the Treaty on
European Union, on good practice
in mutual legal in criminal matters.
[22]             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).
[23]             OJ C 026, 30.01.1999, p. 23.
[24]             XXX
[25]             Joint
Action 96/610/JHA of 15 October 1996 adopted by the Council on the basis of
Article K.3 of the Treaty on European Union concerning the creation and
maintenance of a Directory of specialized counter-terrorist competences, skills
and expertise to facilitate counter- terrorist cooperation between the Member
States of the European Union (OJ L 273, 25.10.1996, p. 1).
[26]             Council Decision 2009/371/JHA of 6 April 2009
establishing the European Police Office (Europol) (OJ L 121, 15.5.2009, p. 37).
[27]             Council Decision 2008/615/JHA of 23 June 2008 on the
stepping up of cross-border cooperation, particularly in combating terrorism
and cross-border crime (OJ L 210, 6.8.2008, p. 1).
[28]             Council
Joint Action 96/699/JHA of 29 November 1996 adopted by the Council on the basis
of Article K.3 of the Treaty on European Union, concerning the exchange of
information on the chemical profiling of drugs to facilitate improved
cooperation between Member States in combating illicit drug trafficking (OJ L 322 of 12 December 1996, p. 5).
[29]             Council
Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office
(Europol), (OJ L 121 of 15.5.2009, p. 37).
[30]             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).
[31]             Joint Action 96/747/JHA of 29 November 1996 adopted by
the Council on the basis of Article K.3 of the Treaty on European Union,
concerning the creation and maintenance of a directory of specialized
competences, skills and expertise in the fight against international organized
crime, in order to facilitate law enforcement cooperation between the Member States
of the European Union (OJ L 342, 31.12.1996, p. 2).
[32]             Council Joint
Action 96/750/JHA of 17 December 1996 adopted by the Council on the basis of
Article K.3 of the Treaty on European Union concerning the approximation of the
laws and practices of the Member States of the EU to combat drug addiction and
to prevent and combat illegal drug trafficking (OJ L 342 of 31 December 1996,
p. 6).
[33]             Council
Framework Decision 2004/757/JHA of 25 October 2004 laying down minimum
provisions on the constituent elements of criminal acts and penalties in the
field of illicit drug trafficking (OJ L 335, 11.11.2004, p. 8).
[34]             Joint Action 97/339/JHA of 26 May 1997 adopted by the
Council on the basis of Article K.3 of the Treaty on European Union with regard
to cooperation on law and order and security (OJ L 147, 5.6.1997, p. 1).
[35]             Council Decision 2008/615/JHA of 23 June 2008 on the
stepping up of cross-border cooperation, particularly in combating terrorism
and cross-border crime (OJ L 210, 6.8.2008, p. 1).
[36]             Council Decision 2002/348/JHA of 25 April 2002
concerning security in connection with football matches with an international
dimension (OJ L 121, 8.5.2002, p. 1).
[37]             Council Decision 2007/412/JHA of 12 June 2007 amending
Decision 2002/348/JHA concerning security in connection with football matches
with an international dimension (OJ L 155, 15.6.2007, p. 76).
[38]             Council Joint Action 97/372/JHA of 9 June 1997 adopted
by the Council on the basis of Article K.3 of the Treaty on European Union, for
the refining of targeting criteria, selection methods and collection of customs
and police information (OJ L 159, 17.6.1997, p. 1).
[39]             Council Act 98/C 24/01 of 18
December 1997 drawing up, on the basis of Article K3 of the Treaty on European
Union, the Convention on mutual assistance and cooperation between customs
administrations (the Naples Convention) (OJ C 24, 23.1.1998).
[40]             Council Decision 2009/917/JHA
of 30 November 2009 on the use of information technology for customs purposes (OJ L 323, 10.12.2009, p. 20).
[41]             Council Joint Action 98/427/JHA of 29 June 1998 adopted by the Council on the basis of Article K.3 of the Treaty on
European Union, on good practice
in mutual legal in criminal matters (OJ L 191, 7.7.1998, p. 1).
[42]             The Council Act 1999/C 26/07 of 3 December 1998 laying
down the staff regulations applicable to Europol employees
(OJ C 26, 30.1.1999, p. 23).