Approves, For Ratification, The Protocol Amending The Convention On The Establishment Of A European Police Office (Europol Convention) And The Protocol On The Privileges And Immunities Of Europol, The Members Of Its Organs, The Deputy Directors And Emp...

Original Language Title: Aprova, para ratificação, o Protocolo que altera a Convenção que Cria um Serviço Europeu de Polícia (Convenção Europol) e o Protocolo relativo aos Privilégios e Imunidades da Europol, dos Membros dos seus Órgãos, dos seus Directores-Adjuntos e Agentes, as

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334277636a51794c5667755a47396a&fich=ppr42-X.doc&Inline=false

1 1 RESOLUTION No. 42/X paragraph 2 of article 30 of the Treaty on European Union lays down expressly the need to allow the participation of Europol in joint investigation teams and to adopt measures allowing Europol to ask Member States to initiate investigations in specific cases. The participation of Europol, with support functions in operational actions of joint investigation teams requires an adjustment to the Protocol on the privileges and immunities of Europol, the members of its organs, the Deputy Directors and employees of Europol, in order to provide them a status consistent with the duties to be performed. It is therefore necessary to lay down the rules applicable to such participation of Europol in joint investigation teams.

So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following resolution: Approving, for ratification, the Protocol amending the Convention on the establishment of a European Police Office (Europol Convention) and the Protocol on the privileges and immunities of Europol, the members of its organs, the Deputy Directors and employees of Europol signed in Brussels on 28 November 2002, the text of which authenticated in Portuguese language version if published in the annex. Seen and approved by the Council of Ministers of 14 July 2005 the Prime Minister the Minister of Parliamentary Affairs Minister Presidency 2 Protocol amending the CONVENTION on the ESTABLISHMENT of a European Police Office (EUROPOL Convention) and the PROTOCOL on the PRIVILEGES and IMMUNITIES of EUROPOL, the MEMBERS of ITS ORGANS, the Deputy Directors and 3 the HIGH CONTRACTING PARTIES to the present Protocol and the High Contracting Parties to the Convention on the establishment of a European Police and the Protocol on the privileges and immunities of Europol, the members of its organs, the Deputy Directors and employees of Europol, Member States of the European Union, referring to the Act of the Council of the European Union of November 28 2002, whereas: (1) pursuant to point (a)) of paragraph 2 of article 30 of the Treaty on European Union, the Council must enable Europol to facilitate and support the preparation as well as to encourage the coordination and carrying out, of specific investigative actions by the competent authorities of the Member States, including operational actions of joint teams involving Europol representatives with support functions.

(2) it is necessary to lay down the rules applicable to such participation of Europol in joint investigation teams. These rules shall contain the role of Europol in these teams, the exchange of information between Europol and the joint investigation team, as well as the non-contractual liability for damage caused by Europol agents that participate in these same teams.

(3) in accordance with point (b)) of paragraph 2 of article 30 of the Treaty on European Union, should be adopted measures allowing Europol to ask the competent authorities of the Member States to carry out and coordinate investigations in specific cases.

(4) the Protocol on the privileges and immunities of Europol, the members of its organs, the Deputy Directors and employees of Europol should be amended in order to specify that the immunity of staff members of Europol, as regards words and writings and/or acts performed by them in the performance of their official functions, 4 is not extended to his activities while participating in joint investigation teams , have agreed as follows: article 1 the Europol Convention is amended as follows: 1) in article 3, the following points shall be added to paragraph 1: "6) Play supporting roles in joint investigation teams, in accordance with article 3;

7) ask the competent authorities of the Member States concerned to carry out or coordinate investigations in specific cases, in accordance with article 3 (B). ";

2) the following articles shall be inserted: ' Article 3a) 's participation in joint investigation teams 1. Europol officials may carry out support functions in joint investigation teams, including teams set up under article 1 of the framework decision of 13 June 2002 on joint investigation teams 1, or pursuant to article 13 of the Convention of 29 May 2000 on mutual assistance in criminal matters between the Member States of the European Union , since these teams investigate criminal offences from the scope of which Europol is competent under article 2. Europol officials may, within the limits of the law of the Member State in which the research team 1 OJ L 162 of 20.6.2002, p. 1.

Joint opera 5 and in accordance with the agreement referred to in paragraph 2, participate in all activities and exchange information with all members of the joint investigation team, in accordance with paragraph 3. Cannot, however, take part in the adoption of coercive measures.

2. The administrative implementation of the participation of Europol in joint investigation team is determined in an agreement between the Director of Europol and the competent authorities of the Member States participating in the joint investigation team, with the involvement of the National Units. The rules applicable to these agreements are decided by the Management Board of Europol, by a two-thirds majority of its members.

3. Europol officials shall perform their functions under the direction of the team leader, taking into account the conditions laid down in the agreement referred to in paragraph 2.

4. In accordance with the agreement referred to in paragraphs 2 and 3, Europol officials may liaise directly with the members of the joint investigation team and provide members and seconded members of that team, under this Convention, information from any of the elements of the computerized collection of data referred to in article 6. In case of direct connection, Europol shall inform both the National Units of the Member States represented in the team as well as the Member States which provided the information.

5. information obtained by a Europol agent within the scope of your participation in a joint investigation team may, with the consent and under the responsibility of the Member State which provided, be included in any of the elements of the computerized data collection, under the conditions laid down in this Convention.


6 6. During the operations of a joint investigation team referred to in this article, Europol officials shall, for the purposes of offences committed against them or by them, be covered by the national legislation applicable to persons with comparable functions of the Member State in whose territory the mission. ";

b) "article 3-B requests made by Europol to initiate criminal investigations 1. Member States shall deal with any request from Europol to initiate, conduct or coordinate investigations in specific cases, giving due attention to such requests. Europol should be informed about the possible beginning of the investigation requested.

2. If the competent authorities of the Member State decide to refuse the request from Europol, they shall inform them of your decision and the reasons for the determined, except if they are unable to do so in the following cases: (i)) to do so would harm essential national interests with regard to security, or ii) to do so would jeopardise the success of investigations under way or the safety of persons.

3. The responses to the requests made by Europol to initiate, conduct or coordinate investigations in specific cases as well as the information communicated to Europol about the results, should be sent via the competent authorities of the Member States, in accordance with the rules laid down in the Europol Convention and the applicable national legislation.

4. On the basis of a cooperation agreement to be signed with Eurojust, Europol shall inform Eurojust, where lodging a request for initiation of a criminal investigation. ";

7 c) "article 39-A responsibility linked to the participation of Europol in joint investigation teams 1. The Member State within the territory of which damage is caused by Europol in mission in that Member State, in accordance with Article 3a, during your participation in operational measures, should ensure the repair of this damage, under the same conditions applicable to damage caused by its own officers.

2. Unless otherwise decided by the Member State concerned, Europol shall reimburse in full the sums paid by that Member State to the victims or their successors for damage referred to in paragraph 1. Any dispute between a Member State and Europol concerning the principle or amount of repayment must be referred to the Board of Directors, which decides by a two-thirds majority. ";

3) In article 28, the following points shall be added to paragraph 1: "1-A) Decide, by a two-thirds majority of its members, the rules governing the administrative implementation of the participation of Europol in joint investigation teams (paragraph 2 of article 3);"

"21-A) shall act by a two-thirds majority, about disputes between a Member State and Europol concerning the responsibility connected with the participation of Europol in joint investigation teams (article 39);".

Article 2 to article 8 of the Protocol on the privileges and immunities of Europol, the members of its organs, the Deputy Directors and employees of Europol, the following paragraph shall be added: 8 "4. Pursuant to paragraph 2 of article 17, the immunity referred to in subparagraph (a)) of paragraph 1 shall not be granted in respect of official acts required for the performance of the tasks defined in article 3 of the Convention regarding the participation of Europol in joint investigation teams. ".

Article 3 1. The present Protocol is subject to the approval of the Member States, in accordance with their constitutional requirements.

2. Member States shall notify the Secretary-General of the Council of the European Union constitutional formalities laid down for the adoption of this Protocol.

3. This Protocol shall enter into force 90 days from the date of the notification referred to in paragraph 2, by the Member State which, being a member of the European Union at the date of adoption by the Council of the Act establishing this Protocol, she has acted in last place.

Article 4 1. The present Protocol is open for accession by any State that becomes a member of the European Union, if the latter has not yet entered into force at the date of the deposit of instruments of accession to the Europol Convention in accordance with article 46 of the Europol Convention.

2. The instruments of accession to this Protocol shall be deposited simultaneously with the instruments of accession to the Europol Convention, in accordance with your article 46.

3. The text of this Protocol established by the Council of the European Union, in the language of the acceding State.

9 4. If this Protocol has not yet entered into force at the end of the period referred to in paragraph 4 of article 46 of the Europol Convention, shall then enter into force, in respect of each acceding State, on the date of entry into force of this Protocol in accordance with paragraph 3 of article 3.

5. If, in accordance with paragraph 3 of article 3, this Protocol shall enter into force before the expiry of the period referred to in paragraph 4 of article 46 of the Europol Convention, but after the deposit of the instrument of accession referred to in paragraph 2, the applicant Member State may accede to the Europol Convention, as amended by this Protocol in accordance with article 46 of the abovementioned Convention.

Article 5 1. The Secretary General of the Council of the European Union is the depositary of this Protocol.

2. The depositary shall publish in the official journal of the European communities information on the progress of the approvals and accessions, as well as any other notification concerning this Protocol.