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MOTION FOR RESOLUTION No. 42 /X

Article 30 (2) of the Treaty on European Union expressly provides for the necessity

to allow Europol's participation in joint research teams and to adopt

measures to enable Europol to request Member States to initiate

investigations in concrete cases.

The participation of Europol, with support functions, in operational actions of teams of

joint research requires an adjustment of the Protocol on Privileges and

Immunities of Europol, of the Members of its Organs, of its Directors-adjoining and

Agents, in such a way as to provide them with a consenting status with the functions to

play.

It appears, therefore, necessary to establish the rules applicable to such participation of the

Europol in joint research teams.

Thus:

Under the terms of the paragraph d) of Article 197 (1) of the Constitution, the Government presents to the

Assembly of the Republic the following motion for a resolution:

Approves, for ratification, the Protocol amending the Convention establishing a Service

European Police (Europol Convention) and the Protocol on Privileges and

Immunities of Europol, of the Members of its Organs, of its Directors-Adjoined and

Agents, signed in Brussels, on November 28, 2002, whose authenticated text in the

version in Portuguese language is published in attachment.

Seen and approved in Council of Ministers of July 14, 2005

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs

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PROTOCOL

WHICH CHANGES THE CONVENTION THAT CREATES A

EUROPEAN POLICE SERVICE (EUROPOL CONVENTION)

AND THE PROTOCOL PERTAINING TO PRIVILEGES AND IMMUNITIES

OF EUROPOL, OF THE MEMBERS OF ITS BODIES,

OF ITS DIRECTORS-ADJOINING AND AGENTS

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THE HIGH CONTRACTING PARTIES in this Protocol and the Altas Parties

Contractors in the Convention establishing a European Police Service and the Protocol

on the privileges and immunities of Europol, of the members of its organs, of the

its Directors-adjoining and agents, Member States of the European Union,

REPORING to the Act of the Council of the European Union of November 28,

2002,

CONSIDERING THE FOLLOWING:

(1) Pursuant to Article 30 (2) (a) of the Treaty on European Union, the

Council should enable Europol to facilitate and support preparedness as well as the

encouraging coordination and implementation, of specific research actions

carried out by the competent authorities of the Member States, including actions

operational of joint teams in which representatives of Europol participate

with supporting functions.

(2) It is necessary to lay down the rules applicable to such participation of Europol in

joint research teams. These rules should contemplate the role of the

agents of Europol in these teams, the exchange of information between Europol

and the joint research team, as well as the extracontratual responsibility

for possible damage caused by Europol officers participating in these

same teams.

(3) Pursuant to Article 30 (2) (b) of the Treaty on European Union,

measures should be adopted to allow Europol to request the authorities

competent of the Member States which carry out and coordinate investigations in

concrete cases.

(4) The Protocol on the privileges and immunities of Europol, of the members of the

your organs, of your Directors-adjoining and agents shall be changed, in order to

specify that the immunity of members of Europol staff, as far as

to words and writings and / or to acts by them practiced in the performance of their

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official functions, it is not extensive to its activities as participants in the

joint research teams,

THEY AGREED IN THE FOLLOWING:

ARTICLE 1.

The Europol Convention is amended in the following manner:

1) In Article 3, the following points are deferred to paragraph 1:

" 6) Perform support functions in joint research teams, in the

terms of Article 3;

7) To request the competent authorities of the Member States concerned that

carry out or coordinate investigations in concrete cases, pursuant to the

article 3-B. ";

2) the following articles are inserted:

a) " Article 3.

Participation in joint research teams

1. Europol officers may perform support functions in teams

of joint research, including the teams set up in the terms of the

article 1 of the Framework Decision of June 13, 2002 on the teams of

joint research 1 , or under the terms of Article 13 of the Convention

of May 29, 2000 on the Mutual Legal Aid in Matter

Penal among the Member States of the European Union, provided that such

teams to investigate criminal offences from the scope of competence of the

Europol, pursuant to Article 2. The Europol officers may, within the

limits of the law of the Member State in which the research team

1 OJ L 162, 6/20/2002, p. 1.

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joint operates and pursuant to the terms of the agreement referred to in paragraph 2, participate in

all activities and exchange information with all members of the team

of joint research, pursuant to paragraph 3. They may not, however,

participate in the adoption of any coercive measures.

2. The administrative implementation of the participation of Europol officers

in a joint research team is determined in an agreement between the

Director of Europol and the competent authorities of the Member States

taking part in the joint research team, with the participation of the

National Units. The rules applicable to such agreements are decided by the

Board of Directors of Europol, by a majority of two-thirds of its

members.

3. Offices of Europol perform their duties under the direction of the

head of the team, taking into account the conditions set out in the agreement

referred to in paragraph 2.

4. Under the terms of the agreement referred to in paragraphs 2 and 3, the agents of

Europol may establish a direct link with the members of the team

of joint research, as well as providing the actual members and the

outstanding members of that team, pursuant to this Convention,

information from any of the elements of the collection

computerized data referred to in Article 6. In the event of a link

direct, Europol shall inform the fact simultaneously of the Units

Nationals of the Member States represented in the team, as well as of the

Member States that provided the information.

5. The information obtained by a Europol agent in the framework of its

participation in a joint research team can, with the

consent and under the responsibility of the Member State which provided them,

be included in any of the elements of the computerized collection of

data, under the conditions laid down in this Convention.

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6. During the operations of a joint research team

contemplated in this article, Europol officers shall, for the purposes of

of the offences by them or against them committed, stay covered by the

national legislation applicable to persons with comparable functions of the State-

-Member in whose territory the mission takes place. ";

b) " Article 3-B

Applications submitted by Europol to initiate criminal investigations

1. Member States shall deal with all requests from Europol for

initiate, conduct or coordinate investigations in specific cases, giving the

proper attention to such requests. Europol should be informed about the

possible start of the requested investigation.

2. If the competent authorities of the Member State decide to dismiss the

request from Europol, they must inform you of your decision and the reasons that the

have determined, except if they are unable to do so in the

following cases:

i) doing so would undermine essential national interests in security,

or

ii) to do so would make a commitment to the success of ongoing investigations or to

security of people.

3. The responses to applications submitted by Europol to initiate,

conduct or coordinate investigations in specific cases, as well as the

information communicated to Europol on the respective results, shall

be sent through the competent authorities of the Member States,

under the rules laid down in the Europol Convention and in national law

applicable.

4. On the basis of a cooperation agreement to be signed with Eurojust, Europol

must inform Eurojust, whenever it submits an application for a start-up

a criminal investigation. ";

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c) " Article 39.

Responsibility connected to Europol's participation in teams of

joint research

1. The Member State in whose territory damage is caused by agents

of Europol who are in mission in that Member State, on the terms

of Article 3-A, during its participation in operational measures, shall

ensure the remediation of such damage, under the same conditions applicable to the

damage caused by their own agents.

2. Unless otherwise decided by the Member State concerned, Europol shall

reimburse in full the sums paid by that Member State to

victims or their successors for the damage referred to in paragraph 1. Any

litigation between a Member State and Europol concerning the principle or the

amount of the refund should be submitted to the Board's assessment of

Administration, which of him decides by a two-thirds majority. ";

3) In Article 28, the following points are deferred to paragraph 1:

" 1-A) Decides, by a majority of two-thirds of its members, of the rules

applicable to the administrative implementation of the participation of agents of the

Europol in joint research teams (Article 3 (2)-A); "

" 21-A) Delibera, by a majority of two thirds, on disputes, between a State-

-Member and Europol, relating to liability linked to participation

of Europol in joint research teams (Article 39); ".

ARTICLE 2.

To Article 8 of the Protocol on the privileges and immunities of Europol, of the

members of their bodies, of their directors-adjoining and agents, is added the following

number:

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" 4. In accordance with Article 17 (2), the immunity referred to in paragraph 1 (a) shall not be

granted in relation to the official acts necessary for the performance of the duties

defined in Article 3 of the Convention in relation to the participation of agents of the

Europol in joint research teams. ".

ARTICLE 3.

1. This Protocol shall be subject to the approval of the Member States, according to the

your constitutional formalities.

2. Member States shall notify the Secretary General of the Council of the Union

European fulfillment of the constitutional formalities laid down for the approval

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 on the date of

approval by the Council of the act establishing this Protocol, to it

proceeded in last place.

ARTICLE 4.

1. This Protocol is open to the accession of any State which becomes

member of the European Union, if the latter has not yet entered into force at the date of the deposit

of the instruments of accession to the Europol Convention, pursuant to 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, pursuant to the

your Article 46.

3. It shall be authentic to the text of this Protocol established by the Council of the Union

European, in the language of the acceding State.

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4. If this Protocol has not yet entered into force at the end of the period

referred to in Article 46 (4) of the Europol Convention, shall then enter into force, in

relation to each acceding State, at the date of entry into force of this Protocol in the

terms of Article 3 (3).

5. If, in accordance with Article 3 (3), this Protocol enters into force before

of the expiry of the period referred to in Article 46 (4) of the Europol Convention, but after the

deposit of the instrument of accession referred to in paragraph 2, the candidate Member State may

accede to the Europol Convention, with the amendments brought to it by the present

Protocol, pursuant to Article 46 of the same Convention.

ARTICLE 5.

1. The Secretary General of the Council of the European Union shall be the depositary of the present

Protocol.

2. The depositary shall publish in the Official Journal of the European Communities

relevant information on the evolution of approvals and adhesions, as well as any

another notification concerning this Protocol.