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MOTION FOR RESOLUTION No. 41/X

By supporting the prevention, analysis and investigation of crime at the Union scale

European, Europol plays a paramount role in the cooperation between the

officials of the Member States in the investigations into criminal activities

cross-border.

In this measure, it appears necessary to provide the European Police Office (Europol) with the

means necessary to actually function as a focal point of cooperation

European police officer.

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:

Approve, for ratification, the Protocol drawn up on the basis of Article 43 (1) of the

Convention establishing a European Police Service (Europol Convention), amending

that Convention, signed in Brussels, on November 27, 2003, the text of the

authenticated version in Portuguese language is published in attachment.

Seen and approved in Council of Ministers of June 22, 2006

The Prime Minister

The Minister of the Presidency

The Minister of Parliamentary Affairs

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PROTOCOL

ELABORATED ON THE BASIS OF PARAGRAPH º1 OF ARTICLE 43 OF THE CONVENTION

WHICH CREATES A EUROPEAN POLICE SERVICE (EUROPOL CONVENTION),

WHICH CHANGES THIS CONVENTION

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THE HIGH CONTRACTING PARTIES of this Protocol, Contracting Parties to the

Convention establishing a European Police Service (Europol Convention), States-

-Members of the European Union,

REFERRING to the act of the Council of the European Union of 11/27/2003,

CONSIDERING THE FOLLOWING:

(1) The Europol Convention is to be amended in the light of the debates held in the

Advice.

(2) Europol needs the support and the means necessary to function

effectively as a pivotal point of European police cooperation.

(3) The Europol Convention needs to be amended in such a way as to strengthen the function of

operational support of Europol with respect to national police authorities.

(4) The European Council has stated that Europol plays a paramount role

in the cooperation between the authorities of the Member States in the investigations

on cross-border criminal activities by supporting prevention, analysis and

criminal investigation at the scale of the Union. In that context, the European Council

urged the Council to provide the necessary support to Europol,

THEY AGREED IN THE FOLLOWING:

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ARTICLE 1.

The Europol Convention is amended as follows:

1) Article 2 shall be replaced by the following:

" Article 2.

Purpose

1. Europol shall aim to improve by means of the measures provided for in the

this Convention, in the framework of police cooperation between States-

Members under the Treaty on European Union, the effectiveness of services

competent of the Member States and their cooperation with regard to the

prevention and combating serious forms of international crime,

when there are concrete indications or reasonable grounds to assume the

involvement of an organized criminal structure and when two or more

Member States to be affected by these forms of mode crime

such that, by the breadth, gravity and consequences of criminal acts, be

necessary a common action of the Member States. For effects of the present

Convention, are considered serious forms of international crime the

following types of offence: offences committed, or likely to be

committed, in the framework of terrorist activities that act against life, the

physical integrity, the freedom of persons and the goods, trafficking in narcotics,

illicit activities of money laundering, trafficking in nuclear material and

radioactive, clandestine immigration networks, trafficking in human beings, trafficking

of stolen vehicles, as well as the forms of crime listed in the

Annex or its specific manifestations.

2. On a proposal from the Board of Directors, the Board approves, by

unanimity, the priorities for Europol in combat to forms

serious international crime and prevention of the same, in scope

of his tenure.

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3. The competence of Europol to deal with certain forms of

crime or specific aspects of it covers offences

related criminal offences, but does not cover the main offences connected to the

money laundering, for which, pursuant to paragraph 1, Europol is not

competent.

They are considered related offences, and taken into account under the conditions laid down in the

articles 8 and 10:

-the criminal offences committed to obtain the means of perpetrating acts that

are from the remit of Europol;

-the criminal offences committed to facilitate or consummate the execution of

acts that are from the remit of Europol;

-the offences committed to ensure the impunity of acts that are of the

the remit of Europol.

4. In the meaning of this Convention, "competent services" shall be deemed to be "

all existing public bodies in the Member States which, in the

terms of national legislation, be competent for prevention and the

combating crime. "

2) Article 3 is amended as follows:

a) The paragraph 3 is replaced by the following:

" 3. Within the framework of the objective set out in Article 2 (1), Europol may

yet, as per their budgetary and personnel availabilities and within

of the limits set by the Board of Directors, provide support to the

Member States by means of advice and research,

particularly in the following areas:

(1) Training of the members of the competent departments;

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2) Organization and equipment of such services, facilitating the provision of

technical support between the Member States;

3) Methods of crime prevention;

4) Technical and scientific methods of police and methods of investigation. ";

b) the following paragraph is added:

" 4. Without prejudice to the International Convention for the Repression of Currency

False, signed in Geneva, on April 20, 1929, and of the respective

Protocol, Europol also acts as a contact point of the Union

European in your contacts with states and third organisations in what

concerns the repression of the counterfeit currency in euros. "

3) Article 4 is amended as follows:

a) The paragraph 2 is replaced by the following:

" 2. The National Unit is the exclusive link link between Europol and the

competent national services. However, Member States may

authorize, in the conditions by them determined, direct contacts between the

designated competent services and Europol, including a participation

preview of the National Unit.

The National Unity receives also from Europol all information

interchangeable during direct contacts between Europol and services

designated competent. The relations between the National Unity and the services

competent to regulate by national law, particularly by the

applicable constitutional standards. ";

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b) In paragraph 5, the expression " set out in Article K. 2 (2) of the Treaty on

European Union 'will be replaced by the expression:' in the matter of

maintenance of the public order and guarantee of internal security ";

(c) paragraph 7 is replaced by the following:

" 7. The heads of the National Units meet regularly, by their

own initiative or on request, to provide advice to Europol. ".

(4) a new article is added:

" Article 6.

Processing of information by Europol

In support of the performance of its duties, Europol may also handle

data to determine whether they are pertinent to their functions and whether they can

be included in the computerized collections of data referred to in paragraph 1 of the

article 6.

The Contracting Parties assembled in the Council, acting by a majority of two

thirds, they determine the conditions relating to the processing of such data,

particularly with respect to access to such data and its use, well

as the deadlines for their conservation and erasure, which may not exceed

six months, having duly taken into account the principles referred to in Article 14. The

Board of Directors shall prepare the decision of the Contracting Parties and

consult the Joint Control Instance referred to in Article 24. ".

5) Article 9 is amended as follows:

a) In paragraph 1, the first period shall be replaced by the following:

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" 1. The national units, liaison officers, the Director, the Directors-

-adjoining and the duly authorized Europol employees have the

right to introduce data directly and to consult them in the System of

Information. "

b) the following paragraph is added:

" 4. In addition to the national units and persons referred to in paragraph 1, also the

competent services designated for the purpose by Member States

may consult the Europol Information System, but the answer

will indicate only if the data requests exist in the system. In that case, they can

be obtained supplementary information through the National Unit

Europol.

The information relating to the designated competent departments, including the

subsequent amendments, should be sent to the General Secretariat of the

Council, which will publish them in the Official Journal of the European Union. ".

6) Article 10 is amended as follows:

a) In paragraph 1, the prohelium is replaced by the following:

" 1. If this is necessary for the fulfilment of the purpose referred to in paragraph 1

of Article 2, Europol may introduce, amend and use in other files,

in addition to non-personal data, data relating to infringements of the

your remit, including data relating to the related criminal offences provided for

in the second paragraph of Article 2 (3), intended for analysis work

specific, and relating: "

b) In paragraph 2, paragraph 1 shall be replaced by the following:

" 1) Analysts and other Europol officials designated by the

Direction of Europol; "

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c) In paragraph 2, the following subparagraph is added to section 2:

" Only analysts are allowed to introduce and modify data in the files

in question; all participants can query data from the file ".

(d) paragraph 5 is replaced by the following:

" 5. If Europol is authorised by legal instruments of the European Union

or international to consult with other information systems by via

computerised, Europol will be able to consult personal data by that route, if such

it is necessary for the performance of its functions pursuant to paragraph 1,

Point 2, of Article 3. The use of such data by Europol is regulated

by the applicable provisions of such legal instruments of the Union

European or international. "

(e) In paragraph 8, the second period shall be replaced by the following:

" Any disclosure or operational exploitation of the data communicated is

decided by the Member State which has communicated them to Europol. If it is not

possible to determine the Member State that communicated the data to Europol, the

dissemination or operational exploitation of the data will be decided by the

participants in the analysis. In particular, a Member State or an expert

associated with assaulting an analysis already under way will not be able to disclose

or use the data without prior agreement from the Member States initially

involved. "

f) the following number is added:

" 9. Europol may invite experts from bodies or third countries, in the

meaning of paragraph 4, to be associated with the activities of an analysis group

when:

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1) an agreement is in place between Europol and the body or country

third that contains appropriate provisions relating to the exchange of

information, including the transmission of personal data, and to the

confidentiality of the interchangeable information;

2) the association of experts of the body or third country is in the interest

of the Member States;

3) the third body or country is directly involved in the

work of analysis;

4) all participants within the meaning of paragraph 2 to give their agreement

concerning the association of the experts of the body or third country

to the activities of the analysis group.

The association of experts from a body or country third to the activities of

a group of analysis is subject to an agreement between Europol and the body

or third country. The rules governing such agreements are determined by the

Board of Directors, acting by a majority of two thirds of its

members.

The details of the agreements between Europol and states or bodies

third parties must be communicated to the Joint Control Instance referred to

in Article 24 that you may submit to the Board of Directors

comments that understand necessary. ".

7) Article 12 shall be replaced by the following:

" Article 12.

Order of creation of files

1. For each computerized file, referred to in Article 10, which contains

personal data necessary for the performance of its functions, Europol issues a

order of creation, which includes the following elements:

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1) Denomination of the file;

2) Finality of the file;

3) Categories of persons to which the data to be filed refer;

4) Type of data to be filed and, eventually, the data strictly

necessary from among those listed in the first period of Article 6 of the

Convention of the Council of Europe of January 28, 1981;

5) Various types of personal data that allow the exploitation of the file;

6) Supply or introduction of the data to be filed;

(7) Conditions in which the archived personal data may be transmitted,

transmission process and recipients;

8) Control deadlines and duration of the file;

9) Method of registration of applications.

2. The Director of Europol shall immediately advise the Council of

Administration and the Joint Control Instance provided for in Article 24 of the order

of creating the file and conveyed to them the process.

The Joint Control Instance may submit to the Board of Directors

the observations it deems necessary. The Director of Europol may request the

Common Control instance that makes these observations within a certain

deadline.

3. The Board of Directors may, at any time, be tasked with the

Director of Europol to change the order of creation of the file or to terminate it. The

Board of Directors decides on what date such amendment or closure

will produce effects.

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4. The file may not be maintained for a period of more than three years.

However, before the expiry of that period, Europol shall examine the need for

conservation of the file. If it is strictly necessary for the purpose of the

file, the Director of Europol may order the maintenance of the file by a

new period of three years. In such a case, the said procedures will apply

in the n. ºs 1 a to 3. "

8) Article 16 shall be replaced by the following:

" Article 16.

Rules of the control of consultations

Europol should set up appropriate control mechanisms that allow for

verification of the legality of queries of computerized data collection

referred to in Articles 6 and 6.º-A.

The data thus collected may only be used for this purpose by Europol

or by the monitoring instances provided for in Articles 23 and 24 and shall be

erased after six months, except if they continue to be necessary for a

control in progress. The Board of Directors determines the rules of implementation

of these control mechanisms after consultation of the Common Control Instance. "

9) Article 18 is amended as follows:

In paragraph 1, point 3) shall be replaced by the following:

" 3) Such is lawful in accordance with the general rules referred to in paragraph 2; in cases

exceptional, these rules may provide for a deviation from the

point 2), if the Director of Europol considers that the transmission of the data is

absolutely necessary to safeguard the essential interests of the

Member States in question within the framework of the objectives of Europol or for

effect of avoiding immediate dangers related to a crime. The Director of the

Europol shall, in any circumstance, examine the level of protection of

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data in the state or body in question in order to establish a

balance between that level of data protection and the above interests

referred to. ".

10) In Article 21, paragraph 3 shall be replaced by the following:

" 3. The need for the conservation of personal data concerning people

referred to in Article 10 (1) shall be reviewed annually, and such review shall be

documented. The storage of such data in a file referred to in Article 12.

may not exceed the duration of the file. "

11) In Article 22, the following number is inserted:

" 4. The principles set out in this Title in respect of treatment

of the information is applicable to the data contained in processes that they use,

as support, the role. "

12) In Article 24 (6), the sentence ' which shall be transmitted to the Council in

compliance with the procedure laid down in Title VI of the Treaty of the Union

European " is replaced by the following:

"which shall be forwarded to the European Parliament and to the Council;"

13) In Article 26 (3) the following expression shall be deleted: " and in Title VI of the

Treaty of the European Union ".

14) Article 28 is amended as follows:

a) point 1 is replaced by the following:

" 1) Participates in the definition of priorities for Europol in relation to

combat the serious forms of international crime and

prevention of the same, within the framework of its mandate (para. 2 of the

article 2); "

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b) the following points are inserted:

" 3-A) Participates in the determination of the conditions relating to the treatment of the

data for the purpose of determining whether this data is pertinent

for their functions and whether they can be included in the collections

computerized data (Article 6); "

" 4-A) Determinates, acting by a two-thirds majority of the votes of its

members, the rules governing agreements relating to the association of

experts from a body or state third to the activities of a

analysis group (Article 10 (9)); "

c) point 7 is replaced by the following:

" 7) It may incumbent on the Director of Europol to change the order of creation or

closure of the files (Article 12 (3)); "

d) the following point is inserted:

" 14-A) Approves, by a majority of two thirds of its members, rules

relating to access to Europol documents (Article 32); "

(e) point 22 is replaced by the following:

" 22) Participates in any amendment of this Convention or of the

respective Annex (Article 43); "

f (f) paragraph 10 shall be replaced by the following:

" 10. Having regard to the priorities laid down by the Council in the

terms of article 2 (2) and the update carried out by the Director of

Europol and referred to in point 6) of Article 29 (3), the Council of

Administration adopts annually unanimously:

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1) A general report on the activities of Europol in the finite year;

2) A forecast report of the activities of Europol, which should have

into account the operational needs of the Member States and the

incidences on the budget and the actual herds of Europol.

Such reports shall be submitted to the Council, for registration and

approval, and also transmitted to the European Parliament, to

information. ".

15) In Article 29 (3):

-point 6 is replaced by the following:

" 6) The regular provision of up-to-date information to the Council of

Administration on the implementation of priorities, as planned

in Article 2 (2); ";

-the following point is added:

" 7) All other tasks that are committed to you by the present

Convention or by the Board of Directors. ".

16) In Article 30 (1), the expression "Title VI of the" shall be deleted.

17) The following article is inserted:

" Article 32.

Right of access to Europol documents

On a proposal from the Director of Europol, the Board of Directors approves, by

majority of two thirds of its members, the rules regarding access to

documents from Europol on the part of the citizens of the Union and natural persons

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or legal collective or have their registered office in the territory of a State-

-Member States, taking into account the principles and limits set out in the Regulation of

European Parliament and of the Council on public access to documents

of the European Parliament, of the Council and of the Commission, approved on the basis of the

article 255 of the Treaty establishing the European Community. "

18) Article 34 shall be replaced by the following:

" Article 34.

Information of the European Parliament

1. The Council shall consult the European Parliament, by the procedure of

consultation provided for in the Treaty on European Union, on any initiative of a

Member State or proposal of the Commission intended to approve the measures to be taken

refer to Article 10 (10) and (10), Article 18 (2), Article 24 (7),

n Article 26 (3), Article 30 (3), Article 31 (1) and paragraph 2 of the

article 42, or in the eventuality of any amendment to this Convention or

of your Attachment.

2. The Presidency of the Council or its representative may appear in the

European Parliament to debate general questions related to Europol. The

Presidency of the Council or its representative can be assisted by the

Director of Europol. In relation to the European Parliament, the Presidency of the

Advice or your representative must take into account the obligation to

confidentiality and protection of secrecy.

3. The obligations provided for in this Article are fulfilled without prejudice

of the rights of national Parliaments and of the general principles applicable to

relations with the European Parliament by virtue of the Treaty on European Union. "

19) In Article 35, the following period shall be added to paragraph 4:

" The five-year funding plan is sent to the Council and must also

be transmitted by the Council, for information, to the European Parliament. "

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20) In Article 39 (4), the sentence that begins with the expression " of the Convention of

Brussels, of ... " shall be replaced by the following:

" of the Council Regulation (EC) No 44/2001 of December 22, 2000,

on judicial competence and the recognition and enforcement of decisions in

civil and commercial matter. "

21) In Article 42, the following paragraph is added:

" 3. Europol should establish and maintain close cooperation with the

Eurojust, to the extent that this is useful for the performance of the functions of the

Europol and for the fulfillment of its objectives, taking into account the need

of avoiding duplication of effort. The essential elements of such cooperation

shall be determined by agreement to be concluded in the terms of this Convention and of the

its rules of execution. "

22) Article 43 is amended as follows:

a) No 1 is deleted the expression "point 9 of Article K. 1 of the".

b (b) paragraph 3 is replaced by the following:

" 3. However, the Council, acting unanimously, may decide,

after the Board of Directors has debated the issue, amend the

Annex to this Convention, by adjoining other forms of crime

international grave or by modifying the definitions therein. "

23) The Annex is amended as follows:

a) The title shall be replaced by the following:

" ANNEX referred to in Article 2 para.

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List of other serious forms of international crime relatively

to which Europol has competence, in addition to those already provided for in the

n Article 2 (1) and in the respect of the objectives of Europol set out in the

n Article 2 (1): ".

b) It is deleted the paragraph that begins with the expression " In addition, in

compliance with Article 2 (2) ".

c) In the paragraph that begins with the expression " As far as the forms are concerned

of criminality listed in Article 2 (2) ", the expression" No 2 of the

article 2 "is replaced by" Article 2 (1) ".

d) Following the expression " signed in Strasbourg on November 8

of 1990 ", the following indent is added:

"-" Trafficking in narcotics ": the criminal offences listed in paragraph 1

of Article 3 of the United Nations Convention against Illicit Trafficking

of Narcotic Drugs and Psychotropic Substances, signed in Vienna on

December 20, 1988, and in the provisions that change it or

replace. "

24) In Article 10 (1) and 4 (2), Article 18 (2) and 6 (2),

in Article 30 (3), Article 31 (31), paragraph 35 and 9 of Article 35, para.

n Article 36 (3), Article 40 (1), Article 41 (3) of the Article 41 (2) of the Article 41

article 42 and in Article 43 (1), the expression shall be deleted ' second to

procedure provided for in Title VI of the Treaty on European Union ".

ARTICLE 2.

1. The present Protocol shall be approved by the Member States, in accordance with their

constitutional formalities.

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

European fulfillment of the constitutional formalities required for the approval of the

this Protocol.

3. This Protocol shall enter into force 90 days from the date of the notification,

referred to in paragraph 2, by the State, member of the European Union at the date of approval by the

Council of the Act laying down this Protocol, which has proceeded to that

formality in last place.

ARTICLE 3.

If the present Protocol enters into force, in accordance with Article 2 (3), before the

entry into force of the Protocol drawn up on the basis of Article 43 (1) of the Convention

that creates a European Police Service (Europol Convention), amending Article 2 para.

of this Convention and its Annex 1 , in accordance with paragraph 3 of its Article 2, the latter

protocol is considered revoked.

ARTICLE 4.

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

member of the European Union, if it has not yet entered into force on the date of deposit of the

instruments of accession to the Europol Convention, pursuant to its Article 46.

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. Fact the texts of this Protocol, drawn up by the Council of the Union

European, in the languages of the acceding State.

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 enter into force, for each

1 OJ C 358, 12/13/2000, p. 1.

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State candidate, at the date of entry into force of the Protocol, pursuant to paragraph 3 of its

article 2.

5. If this Protocol enters into force, in accordance with Article 2 (3), before

of the term 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

will acceded to the Europol Convention, in its version amended by this Protocol, in the

terms of 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 publishes in the Official Journal of the European Union information concerning

approvals and adhesions, as well as any other notification concerning the present

Protocol.