Approves, For Ratification, The Protocol Drawn Up On The Basis Of Paragraph 1 Of Article 43 Of The Convention On The Establishment Of A European Police Office (Europol Convention) Amending The Convention, Signed At Brussels On 27 November 2003

Original Language Title: Aprova, para ratificação, o Protocolo Elaborado com Base no n.º 1 do artigo 43.º da Convenção que Cria um Serviço Europeu de Polícia (Convenção Europol), que altera essa Convenção, assinado em Bruxelas, em 27 de Novembro de 2003

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334277636a51784c5667755a47396a&fich=ppr41-X.doc&Inline=false

1 1 MOTION for a RESOLUTION paragraph 41/X To support the prevention, analysis and investigation of crime in the European Union, Europol plays an essential role in cooperation between the authorities of the Member States in investigations into cross-border criminal activities. In this respect, it is necessary to establish the European Police Office (Europol) the means to effectively act as a focal point of European police cooperation. So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following resolution: to approve, for ratification, the Protocol drawn up on the basis of paragraph 1 of article 43 of the Convention on the establishment of a European Police Office (Europol Convention) amending the Convention, signed at Brussels on 27 November 2003 , the text of the authenticated version in Portuguese language if published in annex.

Seen and approved by the Council of Ministers of 22 June 2006 Prime Minister the Minister of Parliamentary Affairs Minister Presidency 2 PROTOCOL DRAWN UP on the BASIS of paragraph 1 of article 43 of the CONVENTION on the ESTABLISHMENT of a European Police Office (EUROPOL Convention) amending that CONVENTION 3 the HIGH CONTRACTING PARTIES to this Protocol, Contracting Parties to the Convention on the establishment of a European Police Office (Europol Convention) , Member States of the European Union, referring to the Act of the Council of the European Union of 11/27/2003, whereas: (1) the Europol Convention should be amended in the light of the discussions held in the Council.

(2) Europol needs the support and means to function effectively as the focal point of European police cooperation.

(3) the Europol Convention needs to be amended to strengthen Europol's operative support function in relation to national police authorities.

(4) the European Council has stated that Europol plays an essential role in cooperation between Member States ' authorities in investigations into cross-border criminal activities by supporting the prevention, investigation and criminal analysis at EU level. In this context, the European Council called on the Council to provide the necessary support to Europol, have agreed as follows: article 1 4 the Europol Convention is amended as follows: 1) article 2 is replaced by the following: "article 2 Objective 1. Europol aims at improving through the measures provided for in this Convention, in the framework of police cooperation between the Member States in accordance with the Treaty on European Union, the efficiency of the competent services of the Member States and their cooperation with regard to the prevention and the fight against the serious forms of international crime, when there is no concrete evidence or reasonable grounds to suspect the involvement of an organised criminal structure and when two or more Member States are affected for these types of crime in such a way that, by the extent, severity and consequences of criminal acts, joint action is required of the Member States. For the purposes of this Convention, are considered serious forms of international crime the following types of offence: crimes committed or likely to be committed in the context of terrorist activities that offend against life, physical integrity, the freedom of people and goods, drug trafficking, illicit activities of money-laundering, trafficking in nuclear and radioactive material, clandestine immigration networks , trafficking in human beings, trafficking in stolen vehicles, as well as the forms of crime listed in the annex or its specific manifestations.

2. on a proposal from the Management Board, the Council shall adopt, by unanimity, the priorities for Europol with regard to combating serious forms of international crime and the prevention thereof, within the framework of its mandate.

5 3. The competence of Europol to occupy certain forms of crime or specific aspects of them covers the related criminal offences, but does not include the predicate offences related to money laundering, for which, in accordance with paragraph 1, Europol is not competent.

Are considered related offences, and taken into account in accordance with the conditions laid down in articles 8 and 10: – criminal offences committed in order to obtain the means of perpetrating acts that are the purview of Europol;

– criminal offences committed in order to facilitate or consummate the execution of acts that are the purview of Europol;

– the offences committed to ensure the impunity of acts that are the purview of Europol.

4. for the purposes of this Convention, the expression "competent services" all public bodies existing in the Member States that, in accordance with national law, are competent for prevention and combating crime. "

2) article 3 is amended as follows: (a)) paragraph 3 is replaced by the following: ' 3. within the framework of the objective defined in paragraph 1 of article 2, Europol may yet, as their budget and personnel availability and within the limits set by the Board of Directors, provide support to the Member States by means of advice and research in particular in the following areas: 1) training of members of the competent services; 6 2) organisation and equipment of those services, facilitating the provision of technical support between the Member States;

3) crime prevention Methods;

4) technical and scientific police Methods and methods of investigation. ";

b) the following paragraph shall be added: "4. Without prejudice to the International Convention for the Suppression of counterfeiting currency, signed at Geneva on 20 April 1929 and its Protocol, Europol also serves as a contact point of the European Union in its contacts with third States and organizations regarding the Suppression of counterfeiting currency in euros."

3) article 4 is amended as follows: a) paragraph 2 is replaced by the following: "2. The national unity is the unique link between Europol and the competent national services. However, Member States may authorise, under conditions determined by them, direct contacts between the designated authorities and Europol, including prior involvement of national unity.

The National Europol Unit also receives all information exchanged during direct contacts between Europol and the competent designated services. Relations between the National Unit and the competent services shall be governed by national law, in particular by the constitutional rules applicable. ";

7 b) in paragraph 5, the words "set out in paragraph 2 of article 2 of the Treaty on European Union ' shall be replaced by:" with regard to the maintenance of public order and internal security assurance ";

c) paragraph 7 is replaced by the following: "7. The Heads of the National Units shall meet on a regular basis, on its own initiative or on request, to provide advice to Europol.".

4) a new article shall be added: ' Article 6a information processing by Europol in support of the performance of its tasks, Europol may also treat data to determine whether they are relevant for its tasks and can be included in the computerized data collections referred to in paragraph 1 of article 6.

The Contracting Parties gathered in the Council, acting by a majority of two-thirds, determine the conditions relating to the processing of such data, in particular as regards access to such data and their use, as well as the deadlines for their conservation and deletion, which cannot exceed six months, taking due account of the principles referred to in article 14. The Board of Directors must prepare the decision of the Contracting Parties shall consult the joint supervisory body referred to in article 24. ".

5) article 9 is amended as follows: a) in paragraph 1, the first sentence shall be replaced by the following: 8 "1. National units, liaison officers, the director, Deputy Directors and duly empowered Europol officials shall have the right to input data directly and refer to the Information System. "

b) the following paragraph shall be added: "4. in addition to the national units and persons referred to in paragraph 1, the competent authorities designated for the purpose by the Member States may consult the Europol Information System, but the answer will display only if the data requests in the system. In this case, further information is available via the Europol National Unit.

Information relating to designated authorities, including subsequent changes, shall be sent to the General Secretariat of the Council, which shall publish in the official journal of the European Union. ".

6) article 10 is amended as follows: a) in paragraph 1, the introductory phrase is replaced by the following: "1. Where necessary for the attainment of the objective referred to in paragraph 1 of article 2, Europol may enter, change and use in other files, as well as non-personal data, data relating to infringements of its purview including data on related criminal offences referred to in the second subparagraph of paragraph 3 of article 2, intended for specific analysis and work concerning: b) in paragraph 2, point 1 is replaced by the following: "1) analysts and other Europol officials designated by the Europol Directorate;"


9 c) in paragraph 2 the following subparagraph shall be added to point 2: "only the analysts are allowed to enter and modify data in the files in question; all participants can query data from file ".

d) paragraph 5 is replaced by the following: "5. If Europol is authorized by legal instruments of the European Union or international to consult other information through computerized systems, Europol will be able to consult personal data in this way, if this is necessary for the performance of its functions under paragraph 1, point 2, article 3. The use of these data by Europol is governed by the relevant provisions of these legal instruments of the European Union or international. "

and) in paragraph 8, the second sentence shall be replaced by the following: "Any dissemination or operational exploitation of the data exchanged is decided by the Member State which has communicated to Europol. If it is not possible to determine the Member State has communicated to Europol data, the dissemination or operational exploitation of data shall be decided by the participants in the analysis. In particular, a Member State or an associated expert if you add an analysis already underway may not disclose or use the data without the prior agreement of the Member States initially concerned. "

f) the following paragraph shall be added: "9. Europol may invite experts from bodies or third countries within the meaning of paragraph 4, to join the activities of an analysis group when: 10 1) is in force an agreement between Europol and the third country or body that contains appropriate provisions concerning the exchange of information, including the transmission of personal data , and the confidentiality of the information exchanged;

2) the Association of experts of the third country is in the interest of the Member States;

3) the body or third country is directly involved in the work of analysis;

4) all participants within the meaning of paragraph 2 give your agreement on the Association of the experts of the third country in the activities of the analysis group.

The Association of experts of a body or third country the activities of an analysis group shall be subject to an agreement between Europol and the third country or body. The rules governing such agreements shall be determined by the Board of Directors shall, acting by a majority of two thirds of its members. The details of the agreements between Europol and third States or bodies shall be communicated to the joint supervisory body referred to in article 24 which may submit to the Board the comments to understand necessary. ".

7) article 12 is replaced by the following: ' article 12 order of creation of files 1. For each computerised file, referred to in article 10, which contains personal data necessary for the performance of its tasks, Europol issues an order of creation, which includes the following elements: 11 1) name of the file;

2) purpose of the file;

3) categories of persons referred to in the data file;

4) type of data file and eventually the data strictly necessary from among those listed in the first sentence of article 6 of the Council of Europe Convention of 28 January 1981;

5) various types of personal data that allow the exploration of the file;

6) Providing or filing data entry;

7) conditions under which personal data may be transmitted, transmission process and archived recipients;

8) control time limits and duration of the file;

9) registration Method.

2. The Director of Europol shall notify immediately the Management Board and the joint supervisory body provided for in article 24 of the order of creation of the file and transmit them to the process.

The joint supervisory body may submit to the Board the comments that it considers necessary. The Director of Europol may request the joint supervisory body to do these observations within a certain period.

3. The Management Board may, at any time, instruct the Director of Europol to amend the order of creation of the file or the end key. The Board of Directors decides what date such amendment or termination shall take effect. 12 4. The file cannot be maintained for a period exceeding three years. However, before the expiry of that term, Europol must analyze 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 file maintenance for a further period of three years. In this case, shall apply the procedures referred to in paragraphs 1 to 3. "

8) article 16 is replaced by the following: "article 16 rules of query control Europol shall establish appropriate control mechanisms to allow the verification of the legality of the queries of computerized data collections referred to in articles 6 and 6a.

The data so collected may be used for this purpose by Europol or by the control bodies referred to in articles 23 and 24 and shall be deleted after six months, unless they continue to be required for ongoing control. The Board of Directors determines the detailed rules for the application of these control mechanisms after consulting the joint supervisory body. "

9) article 18 is amended as follows: paragraph 1, paragraph 3) is replaced by the following: "3) it is lawful in accordance with the General rules referred to in paragraph 2; in exceptional cases, these rules may provide for a deviation from the point 2), the Director of Europol considers the transmission of the data is absolutely necessary to safeguard the essential interests of the Member States concerned within the scope of Europol's objectives or to avoid immediate danger related to a crime. The Director of Europol shall, under any circumstances, analyze the level 13 data protection in the State or organisation concerned, in order to establish a balance between the level of data protection and the interests referred to above. ".

10) in article 21, paragraph 3 is replaced by the following: "3. The need for conservation of personal data relating to persons referred to in paragraph 1 of article 10 shall be reviewed annually, and this review will 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 paragraph shall be added: "4. The principles set out in this Title with regard to the processing of the information is applicable to the data contained in processes that use, as a support, the paper."

12) in paragraph 6 of article 24, the phrase "which will be transmitted to the Council in accordance with the procedure laid down in Title VI of the Treaty on European Union ' shall be replaced by the following:" which will be transmitted to the European Parliament and the Council; "

13) in paragraph 3 of article 26 the following words shall be deleted: "and in Title VI of the Treaty on 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 with regard to combating serious forms of international crime and the prevention thereof, within the framework of its mandate (paragraph 2 of article 2);" 14 b) the following points shall be inserted: "3-A) participates in the determination of conditions relating to the processing of data for the purpose of determining whether such data are relevant for its tasks and can be included in the computerized collections of data (article 6);"

"4-A) Determines, acting by a majority of two thirds of the votes of its members, the rules governing the association agreements of an organism experts or third State the activities of an analysis group (paragraph 9 of article 10);"

c) point 7 is replaced by the following: "7) Can instruct the Director of Europol to amend the order of creation or closure of files (paragraph 3 of article 12);"

d) the following point shall be inserted: "14) Approve, by a two-thirds majority of its members, rules for access to Europol documents (article 32);"

and) point 22 is replaced by the following: "22) Participates in any amendment to this Convention or its annex (article 43);"

f) paragraph 10 shall be replaced by the following: "10. Having regard to the priorities laid down by the Council in accordance with paragraph 2 of article 2 and the update performed by the Director of Europol and referred to in point 6) of paragraph 3 of article 29, the Management Board shall adopt unanimously each year: 15 1) a general report on Europol's activities in the past year;

2) A forecast report of the activities of Europol, which should take into account the operational needs of the Member States and the impact on the budget and staff of Europol.

These reports shall be submitted to the Council, for registration and approval, and also transmitted to the European Parliament, for information.

15) paragraph 3 of article 29:-the point 6 shall be replaced by the following: "6) regular provision of information to the Board on the implementation of the priorities as set out in paragraph 2 of article 2";

-the following point shall be added: "7) all other tasks entrusted by the Convention or by the Board of Directors.".

16) paragraph 1 of article 30 shall be deleted "Title VI".

17) the following article shall be inserted: ' article 32-the right of access to Europol documents


On a proposal from the Director of Europol, the Management Board shall adopt, by a two-thirds majority of its members, the rules concerning access to Europol documents by citizens of the Union and of individuals 16 or legal persons residing or having its registered office in the territory of a Member State, taking into account the principles and limits laid down in a regulation of the European Parliament and of the Council regarding public access to Parliament documents Europe, the Council and the Commission, adopted on the basis of 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 consults the European Parliament consultation procedure provided for in the Treaty on European Union, on any initiative of a Member State or the Commission proposal intended to approve the measures referred to in paragraphs 1 and 4 of article 10, paragraph 2 of article 18, paragraph 7 of article 24, paragraph 3 of article 26 paragraph 3 of article 30, paragraph 1 of article 31 and paragraph 2 of article 42, or in the event of any amendment to this Convention or its annex.

2. the Presidency of the Council or his representative may be present in the European Parliament to discuss general questions relating to Europol. The Presidency of the Council or his representative may be assisted by the Director of Europol. In relation to the European Parliament, the Council Presidency or his representative shall take into account the obligation of confidentiality and the protection of confidentiality.

3. the obligations provided for in this article shall be carried out without prejudice to the rights of national parliaments and of the General principles applicable to relations with the European Parliament under the Treaty of the European Union. "

19) In article 35, the following sentence is added to paragraph 4: "the five-year financing plan is submitted to the Council and must also be passed by the Council, for information, to the European Parliament." 17 20) in paragraph 4 of article 39, the sentence that begins with the words "of the Brussels Convention, ..." shall be replaced by the following: "the Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters."

21) in article 42, the following paragraph shall be added: ' 3. Europol shall establish and maintain close cooperation with Eurojust, in so far as is useful for the performance of the tasks of Europol and to the fulfillment of its objectives, taking into account the need to avoid duplication of efforts. The essential elements of such cooperation shall be determined by agreement to be concluded under this Convention and its implementing rules. "

22) article 43 is amended as follows: a) in paragraph 1 shall be deleted "point 9 of article k. 1".

b) paragraph 3 is replaced by the following: "3. However, the Council, acting unanimously, may decide, after the Board of Directors have discussed the issue, to amend the annex to this Convention, by adding other forms of serious international crime or modifying the definitions contained therein."

23) the Annex is amended as follows: a) the title shall be replaced by the following: ' annex referred to in article 2 18 list of other serious forms of international crime in respect of which Europol is competent, in addition to those already provided for in paragraph 1 of article 2, and in respect of Europol's objectives set out in paragraph 1 of article 2 :".

b) is deleted the paragraph that begins with the words "in addition, in accordance with paragraph 2 of article 2".

c) in the paragraph beginning with the words "with regard to the forms of crime listed in paragraph 2 of article 2", the expression "paragraph 2 of article 2" is replaced by "paragraph 1 of article 2".

d) after the words "signed in Strasbourg in November 8, 1990", the following indent is added: "-" drug trafficking "means the criminal offences listed in paragraph 1 of article 3 of the United Nations Convention against illicit traffic in narcotic drugs and Psychotropic Substances, signed at Vienna on 20 December 1988, and the provisions amending or replace."

24) in paragraphs 1 and 4 of article 10, paragraph 2 of article 18, paragraphs 1 and 6 of article 29, paragraph 3 of article 30, paragraph. 1 of article 31, paragraphs 5 and 9 of article 35, paragraph 3 of article 36, paragraph 1 of article 40, paragraph 3 of article 41, paragraph 2 of article 42 and article 43, paragraph 1, is suppressed the expression "in accordance with the procedure laid down in Title VI of the Treaty on European Union".

Article 2 1. This Protocol is approved by Member States in accordance with their constitutional requirements.

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

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

Article 3 If this Protocol enters into force pursuant to article 2, paragraph 3, before the entry into force of the Protocol drawn up on the basis of paragraph 1 of article 43 of the Convention on the establishment of a European Police Office (Europol Convention) amending article 2 of this Convention and its annex 1, in accordance with paragraph 3 of article 2 , the latter protocol is considered revoked.

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

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

3. The texts of the present Protocol, prepared by the Council of the European Union, 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 paragraph 4 of article 46 of the Europol Convention, shall enter into force for each 1 OJ C 358 of 13.12.2000, p. 1. 20 candidate, the date of entry into force of the Protocol, in accordance with paragraph 3 of article 2.

5. If this Protocol enters into force pursuant to article 2, paragraph 3, 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 Member State shall accede to the Europol Convention candidate, 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 Union information on the approvals and accessions, as well as any other notification concerning this Protocol.