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Document 52008AP0015

Europol * European Parliament legislative resolution of 17 January 2008 on the proposal for a Council decision establishing the European Police Office (Europol) (COM(2006)0817 — C6-0055/2007 — 2006/0310(CNS))

OJ C 41E, 19.2.2009, p. 111–125 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

19.2.2009   

EN

Official Journal of the European Union

CE 41/111

P6_TA(2008)0015

European Parliament legislative resolution of 17 January 2008 on the proposal for a Council decision establishing the European Police Office (Europol) (COM(2006)0817 — C6-0055/2007 — 2006/0310(CNS))

(Consultation procedure)

The European Parliament,

—

having regard to the Commission proposal (COM(2006)0817),

—

having regard to Article 30(1)(b), Article 30(2) and Article 34(2)(c) of the EU Treaty,

—

having regard to Article 39(1) of the EU Treaty, pursuant to which the Council consulted Parliament (C6-0055/2007),

—

having regard to the Protocol integrating the Schengen acquis into the framework of the European Union, pursuant to which the Council consulted Parliament,

—

having regard to Rules 93 and 51 of its Rules of Procedure,

—

having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinions of the Committee on Budgets and the Committee on Constitutional Affairs (A6-0447/2007),

1.

Approves the Commission proposal as amended;

2.

Considers that the financial reference amount indicated in the Commission proposal must be compatible with the ceiling of heading 3a of the multiannual financial framework 2007-2013 and with the provisions of Point 47 of the Interinstitutional Agreement of 17 May 2006 (1) between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (IIA);

3.

Recalls that the opinion delivered by the Committee on Budgets does not pre-empt the outcome of the procedure laid down in Point 47 of the IIA, which applies to the setting up of the European Police Office;

4.

Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

5.

Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

6.

Calls on the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

7.

Calls on the Council to consult Parliament again within the framework of the Treaty of Lisbon if the Council decision establishing Europol is not adopted by June 2008;

8.

Instructs its President to forward its position to the Council and Commission.

TEXT PROPOSED BY THE COMMISSION

AMENDMENTS BY PARLIAMENT

Amendment 1

Citation 1a (new)

Having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2)(Financial Regulation), and in particular Article 185 thereof,

Amendment 2

Citation 1b (new)

Having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), and in particular Point 47 thereof,

Amendment 3

Recital 4a (new)

(4a) The Council has not yet adopted the Framework Decision on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters. The entry into force of the Framework Decision is crucial in order for Europol to comply with its mandate within a legal framework which fully guarantees the data protection of European citizens. It is therefore imperative that the Council adopt the Framework Decision as soon as possible.

Amendment 4

Recital 4b (new)

(4b) The European Parliament, in its Recommendation to the Council on Europol: reinforcing parliamentary controls and extending powers (3), of 13 April 1999, called for the incorporation of Europol into the institutional framework of the European Union and its being subject to democratic scrutiny by Parliament.

Amendment 5

Recital 4c (new)

(4c) The European Parliament, in its Recommendation to the Council on the future development of Europol and its automatic incorporation into the institutional system of the European Union (4), of 30 May 2002, and in its Recommendation to the Council on the future development of Europol (5), of 10 April 2003, called for the placing of Europol on a Community footing.

Amendment 6

Recital 5

(5) Establishing Europol as an agency of the European Union, funded from the general budget of the European Communities will enhance the role of the European Parliament in the control over Europol, through the involvement of the European Parliament in the adoption of the budget.

(5) Establishing Europol as an agency of the European Union, funded from the general budget of the European Union, will enhance the role of the European Parliament in the control of, and democratic scrutiny over , Europol, through the involvement of the European Parliament in the adoption of the budget, including the establishment plan, and in the discharge procedure.

Amendment 7

Recital 6a (new)

(6a) Establishing Europol calls for an interinstitutional agreement which lays down the basic conditions governing the European regulatory agencies in order to structure existing and future agencies in a way that promotes clarity, transparency and legal certainty.

Amendment 8

Recital 8a (new)

(8a) Following the extension of Europol's operational powers, some improvements are still needed as regards its democratic accountability .

Amendment 9

Recital 13

(13) There is a need for a data protection officer who should be responsible for ensuring, in an independent manner, lawfulness of data processing and compliance with the provisions of this Decision concerning the processing of personal data, including the processing of personal data on Europol staff which is protected by Article 24 of Regulation (EC) No 45/2001.

(13) There is a need for a data protection officer who should be responsible for ensuring, in an independent manner, lawfulness of data processing and compliance with the provisions of this Decision concerning the processing of personal data, including the processing of personal data on Europol staff which is protected by Article 24 of Regulation (EC) No 45/2001. In carrying out his tasks, the data protection officer should cooperate with the data protection officers appointed under Community law.

Amendment 10

Recital 14

(14) In addition to simplifications of the provisions concerning existing data processing systems, Europol's possibilities for creating and managing other data processing tools in support of its tasks should be widened ; such data-processing tools should be established and maintained in accordance with general principles of data protection , but also in accordance with detailed rules to be established by the Council.

(14) In addition to simplifications of the provisions concerning existing data processing systems, Europol's possibilities for creating and managing other data processing tools in support of its tasks should be allowed ; such data processing tools should be established and maintained in accordance with general principles of data protection enshrined in Community law and in the Council of Europe's Convention No 108 of 28 January 1981 for the Protection of Individuals with regard to Automatic Processing of Personal Data and in accordance with detailed rules to be established by the Council, in consultation with the European Parliament .

Amendment 11

Recital 19

(19) Europol's possibilities for cooperating with third countries and bodies should be rationalised in order to ensure consistency with the general policy of the Union in this respect, and through new provisions on how such cooperation is to take place in the future.

(19) Europol's possibilities for cooperating with third countries and bodies should be rationalised in order to ensure consistency with the general policy of the Union in this respect, and to guarantee that third countries and bodies provide for an adequate level of protection of personal data, through new provisions on how such cooperation is to take place in the future to be adopted by the Council, after consulting the European Parliament .

Amendment 12

Article 1, paragraph 1

1.

This Decision establishes a European Police Office, hereinafter referred to as ‘Europol’, as an agency of the Union. Europol shall have its seat in The Hague, the Netherlands.

1.

This Decision establishes a European Police Office, hereinafter referred to as ‘Europol’, as an agency of the Union. It is an agency within the meaning of Article 185 of the Financial Regulation and Point 47 of the Interinstitutional Agreement (IIA) . Europol shall have its seat in The Hague, the Netherlands.

Amendment 13

Article 5, paragraph 1, point (a)

(a) the collection, storage, processing, analysis and exchange of information and intelligence forwarded by the authorities of the Member States or third countries or other public or private entities;

(a) the collection, storage, processing, analysis and exchange of information and intelligence forwarded by the authorities of the Member States or third countries or other public or private entities; when the information emanates from private parties, it shall be lawfully collected and processed before being forwarded to Europol in accordance with national legislation implementing Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (6), and access by Europol shall be allowed only on a case-by-case basis, for specified purposes and under judicial control in the Member States; additional safeguards shall be laid down by Europol after consultation of the European Data Protection Supervisor and the Joint Supervisory Body;

Amendment 14

Article 6, paragraph 2

2.

In those cases where a joint investigation team is set up to deal with cases of counterfeiting of the Euro currency, a Europol official may be appointed to direct the investigation, under the direct responsibility of the leader of the team. Where there is a difference of opinion between the Europol official thus appointed and the team leader, the latter's opinion shall prevail.

2.

In those cases where a joint investigation team is set up to deal with cases of counterfeiting of the Euro currency or with the tasks mentioned in Article 5(2) , a Europol official may be appointed to direct the investigation, under the direct responsibility of the leader of the team. Where there is a difference of opinion between the Europol official thus appointed and the team leader, the latter's opinion shall prevail.

Amendment 15

Article 8, paragraph 2

2.

The national unit shall be the liaison body between Europol and the competent national authorities. However, Member States may allow direct contacts between designated competent authorities and Europol subject to conditions determined by the Member State in question, which may include prior involvement of the national unit.

2.

The national unit shall be the only liaison body between Europol and the competent national authorities. However, Member States may allow direct contacts between designated competent authorities and Europol subject to conditions determined by the Member State in question, including prior involvement of the national unit.

The national unit shall at the same time receive from Europol any information exchanged in the course of direct contacts between Europol and designated competent authorities. Relationships between the national unit and the competent authorities shall be governed by national law and, in particular, the applicable national constitutional requirements.

Amendment 16

Article 9, paragraph 2, subparagraph 2

The bilateral exchanges provided for in point (d) of the first subparagraph may also cover crimes outside of the competence of Europol, as far as allowed under national law.

The bilateral exchanges provided for in point (d) of the first subparagraph may also cover crimes outside of the competence of Europol, as far as allowed under national law. In this case, Europol shall not be held responsible for the content of any of the information exchanged.

Amendment 17

Article 10, paragraph 2

2.

Europol may process data for the purpose of determining whether such data are relevant for its tasks, and can be included in one of its information systems.

2.

Europol may process data for the purpose of determining whether such data are relevant for its tasks, and can be included in one of its information systems. In such a case, the data shall be processed for the sole purpose of determining their relevance.

Amendment 18

Article 10, paragraph 3

3. Whenever Europol intends to establish a system for processing personal data other than the Europol Information System referred to in Article 11 or the Analysis Work Files referred to in Article 14, the Council, acting by a qualified majority after consulting the European Parliament, shall determine the conditions under which Europol may do so. Such conditions shall in particular relate to the access to and usage of the data, as well as time limits for the storage and deletion of the data, having due regard to the principles referred to in Article 26.

3. Whenever Europol intends to establish a system for processing personal data other than the Europol Information System referred to in Article 11 or the Analysis Work Files referred to in Article 14, the Council, acting by a qualified majority after consulting the European Parliament, shall determine the conditions under which Europol may do so. Such conditions shall in particular relate to the access to and usage of the data, as well as time limits for the storage and deletion of the data, having due regard to the principles referred to in Article 26. The Joint Supervisory Body of Europol and the European Data Protection Supervisor shall be consulted before the adoption of such a decision by the Council.

Amendment 19

Article 10, paragraph 5

5.

Europol shall make every effort to ensure that its data processing systems are interoperable with the data processing systems in the Member States, and in particular with the data processing systems in use by the Community and Union related bodies with which Europol may establish relations in accordance with Article 22, through following best practice and using open standards.

5.

Europol shall make every effort to ensure that its data processing systems are interoperable with the data processing systems in the Member States, and in particular with the data processing systems in use by the Community and Union related bodies with which Europol may establish relations in accordance with Article 22, through following best practice and using open standards. Interconnection shall be authorised following a decision to that effect by the Council, which shall be taken after consultation with the Europol officer responsible for data protection and with the Joint Supervisory Body and shall lay down the rules and conditions, in particular as regards the need to apply interconnection and the purposes for which the personal data are to be used.

Amendment 20

Article 11, paragraph 1

1.

Europol shall maintain a Europol Information System. The Europol Information System shall be directly accessible for consultation by national units, liaison officers, the Director, the Deputy Directors and duly empowered Europol officials.

1.

Europol shall maintain a Europol Information System. The Europol Information System shall be directly accessible for consultation by national units, liaison officers, the Director, the Deputy Directors and duly empowered Europol officials. Direct access by the national units to the information system in respect of the persons referred to in Article 12(1)(b) shall be restricted solely to the identity details listed in Article 12(2). If needed for a specific enquiry, the full range of data shall be accessible to the units via the liaison officers.

Amendment 21

Article 12, paragraph 1, point (b)

(b) persons who there are serious grounds under national law of the Member State concerned to believe will commit criminal offences in respect of which Europol is competent.

(b) persons who there are factual indications or serious grounds under national law of the Member State concerned to believe will commit criminal offences in respect of which Europol is competent.

Amendment 22

Article 12, paragraph 4a (new)

4a. Special categories of data concerning racial or ethnic origin, political opinions, religious or philosophical beliefs, party or trade union membership, sexual orientation or health shall not be processed, save when absolutely necessary and proportionate for the purpose of a specific case and subject to specific safeguards.

Amendment 23

Article 19, paragraph 1

1.

Personal data retrieved from any of Europol's data processing files shall be transmitted or used only by the competent authorities of the Member States in order to prevent and combat crimes in respect of which Europol is competent, and to combat other serious forms of crime. Europol shall use the data only for the performance of its tasks.

1.

Personal data retrieved from any of Europol's data processing files shall be transmitted or used only by the competent authorities of the Member States solely for the purposes for which they have been collected and for purposes compatible therewith, in order to prevent and combat crimes in respect of which Europol is competent, and to combat other serious forms of crime. Europol shall use the data only for the performance of its tasks.

Amendment 24

Article 20, paragraph 1

(1) Data in data files shall be held by Europol only for as long as is necessary for the performance of its tasks. The need for continued storage shall be reviewed no later than three years after the input of data. Review of data stored in the information system and its deletion shall be carried out by the inputting unit. Review of data stored in other Europol data files and their deletion shall be carried out by Europol. Europol shall automatically inform the Member States three months in advance of the expiry of the time limits for reviewing the storage of data.

(1) Data in data files shall be held by Europol only for as long as is necessary for the performance of its tasks. Notwithstanding Article 10(3) , the need for continued storage shall be reviewed and documented at least every two years after the input of data. Review of data stored in the information system and its deletion shall be carried out by the inputting unit. Review of data stored in other Europol data files and their deletion shall be carried out by Europol. Europol shall automatically inform the Member States three months in advance of the expiry of the time limits for reviewing the storage of data.

Amendment 25

Article 21

In so far as Europol is entitled under European Union, international or national legal instruments to gain computerised access to data from other information systems, either of a national or an international nature, Europol may retrieve personal data by such means if this is necessary for the performance of its tasks. The applicable provisions of such Union, international or national legal instruments shall govern the access to and use of this data by Europol, in so far as they provide for stricter rules on access and usage than this Decision. Europol may not use such data in contravention of this Decision.

In so far as Europol is entitled under European Union, international or national legal instruments to gain computerised access to data from other information systems, either of a national or an international nature, Europol may retrieve personal data by such means only on a case-by-case basis if and in so far as this is necessary for and proportionate to the performance of its tasks and under strict conditions laid down by Europol after consultation of the European Data Protection Supervisor and the Joint Supervisory Body. The applicable provisions of such Union, international or national legal instruments shall govern the access to and use of this data by Europol, in so far as they provide for stricter rules on access and usage than this Decision. Europol may not use such data in contravention of this Decision.

Amendment 26

Article 22, paragraph 1, point (da) (new)

(da) the relevant departments of the Secretary-General of the Council and the Joint Situation Centre of the European Union.

Amendment 27

Article 22, paragraph 5a (new)

5a. Where personal data are forwarded by Community institutions or bodies, Europol shall be regarded as a Community body within the meaning of Article 7 of Regulation (EC) No 45/2001.

Amendment 28

Article 24, paragraph 1, introductory sentence

1.

Europol may under the conditions laid down in paragraph 4 communicate personal data which it holds to the third bodies referred to in Article 23(1), where:

1.

In very exceptional situations and on a case-by-case basis, Europol may under the conditions laid down in paragraph 4 communicate personal data which it holds to the third bodies referred to in Article 23(1), where:

Amendment 58

Article 24, paragraph 2

2.

By way of derogation from paragraph 1, Europol may communicate personal data which it holds to the third bodies referred to in Article 23(1) under the conditions laid down in paragraph 4 where the Director of Europol considers the transmission of the data to be absolutely necessary to safeguard the essential interests of the Member States concerned within the scope of Europol's objectives or in the interests of preventing imminent danger associated with crime or terrorist offences. The Director of Europol shall in all circumstances consider the data-protection level applicable to the body in question with a view to balancing this data-protection level with those interests.

2.

By way of derogation from paragraph 1, Europol may , on a case-by-case basis, communicate personal data which it holds to the third bodies referred to in Article 23(1) under the conditions laid down in paragraph 4 where the Director of Europol considers the transmission of the data to be absolutely necessary to safeguard the essential interests of the Member States concerned within the scope of Europol's objectives or in the interests of preventing imminent danger associated with crime or terrorist offences. The Director of Europol shall in all circumstances consider the level of respect for human rights, democracy and the rule of law in the third country to which the data could be transferred, the purposes for which the data could be used and the data-protection level applicable to the body in question with a view to balancing this data-protection level with those interests , as well as reciprocity in the exchange of information, and shall regularly inform the European Parliament, the Council and the Commission, as well as the data protection supervisory bodies, of the decisions taken in implementing this Article .

Amendment 30

Article 25, paragraph 2

2.

The Management Board shall determine the implementing rules governing the relations of Europol with the Community and Union related bodies and agencies referred to in Article 22, and for the exchange of personal data between Europol and such bodies and agencies. The Management Board shall consult the joint supervisory body prior to taking its decision.

2.

The Management Board shall determine the implementing rules governing the relations of Europol with the Community and Union related bodies and agencies referred to in Article 22, and for the exchange of personal data between Europol and such bodies and agencies. The Management Board shall consult the joint supervisory body and the European Data Protection Supervisor prior to taking its decision.

Amendment 31

Article 26

Without prejudice to specific provisions of this Decision, Europol shall apply the principles of the Council Framework Decision 2007/XX/JHA on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters in the collection, processing and usage of personal data. Europol shall observe these principles in the collection, processing and utilization of personal data, included in respect of non-automated data held in the form of data files, i.e. any structured set of personal data accessible in accordance with specific criteria.

Without prejudice to specific provisions of this Decision and to the need to maintain the safeguards provided by the Europol Convention , Europol shall apply the principles of the Council Framework Decision 2007/XX/JHA on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters in the collection, processing and usage of personal data. Europol shall observe these principles in the collection, processing and utilization of personal data, included in respect of non-automated data held in the form of data files, i.e. any structured set of personal data accessible in accordance with specific criteria.

Amendment 32

Article 27, paragraph 1

1.

Europol shall appoint a Data Protection Officer, who shall be a member of the staff. He shall be under the direct authority of the Management Board. In the performance of his duties, he shall take instructions from no-one.

1.

Europol shall appoint an independent Data Protection Officer, who shall be a member of the staff. He or she shall be under the direct authority of the Management Board. In the performance of his or her duties, he or she shall take instructions from no-one.

Amendment 33

Article 27, paragraph 5

5.

Further implementing rules concerning the Data Protection Officer shall be adopted by the Management Board. The implementing rules shall in particular concern selection and dismissal, tasks, duties and powers of the Data Protection Officer.

5.

Further implementing rules concerning the Data Protection Officer shall be adopted by the Management Board. The implementing rules shall in particular concern selection and dismissal, tasks, duties , powers and safeguards of the independence of the Data Protection Officer.

Amendment 34

Article 29, paragraph 4

4.

Access to personal data shall be denied if:

4.

Access to personal data shall be denied only if such refusal is necessary to :

(a) such access might jeopardise one of Europol's activities;

(a) enable Europol to fulfil its activities properly;

(b) such access might jeopardise any national investigation which Europol is assisting;

(b) guarantee that any national investigation which Europol is assisting will not be jeopardised;

(c) such access might jeopardise the rights and freedoms of third parties.

(c) protect the rights and freedoms of third parties.

Amendment 35

Article 29, paragraph 5

5.

Europol shall consult the competent law enforcement authorities of the Member States concerned before deciding whether to grant access. Access to data entered in the Analysis Work Files shall be conditional upon the consensus of Europol and the Member States participating in the analysis and the consensus of the Member State(s) directly concerned by the communication of such data. In case a Member State objects to give access to personal data, it shall notify its refusal and the grounds thereof to Europol.

5.

As a general principle, exercise of the right of access shall not be denied. Exceptions to that rule may only be accepted if necessary in order to protect another fundamental right. Europol shall consult the competent law enforcement authorities of the Member States concerned before deciding whether to grant access. Access to data entered in the Analysis Work Files shall be conditional upon the consensus of Europol and the Member States participating in the analysis and the consensus of the Member State(s) directly concerned by the communication of such data. In case a Member State objects to give access to personal data, it shall notify its refusal and the grounds thereof to Europol.

Amendment 36

Article 29, paragraph 6

6.

If one or more Member States or Europol have objections to an individual obtaining access to data concerning him, Europol shall notify the person concerned that it has carried out the checks, without giving any information which might reveal to him whether or not personal data concerning him are processed by Europol.

6.

If one or more Member States or Europol have objections to an individual obtaining access to data concerning him, Europol shall notify the person concerned that it has carried out the checks, without giving any information which might reveal to him whether or not personal data concerning him are processed by Europol. The data controller shall be obliged to state the reasons for a refusal of access, in such a way that the application of the exception may be effectively controlled in conformity with Recommendation No R (87) 15 of the Committee of Ministers of the Council of Europe of 17 September 1987 regulating the use of personal data in the police sector.

Amendment 38

Article 36, paragraph 9, subparagraph 1

9.

The Management Board shall adopt each year:

9.

The Management Board shall adopt each year , after endorsement by the Council :

(a) the draft budget estimate and the preliminary draft budget to be submitted to the Commission, including the establishment plan, and the final budget ;

(a) the draft budget estimate to be submitted to the Commission, including the draft establishment plan;

(aa) Europol's budget and establishment plan, after authorisation by the budgetary authority;

(b) a work programme for Europol's future activities taking into account Member States' operational requirements and budgetary and staffing implications for Europol , after the Commission has delivered an opinion;

(b) a work programme for Europol's future activities taking into account, as far as possible, Member States' operational requirements in accordance with the financial and human resources available , after the Commission has delivered an opinion;

(c) a general report on Europol's activities during the previous year.

(c) a general report on Europol's activities during the previous year, comparing, in particular, the results achieved with the objectives of the annual work programme .

Amendment 39

Article 36, paragraph 9, subparagraph 2

These documents shall be submitted to the Council for endorsement. They shall also be forwarded by the Council to the European Parliament for information.

These documents shall be submitted to the European Parliament , which shall have the opportunity to examine them as appropriate, where necessary in association with national parliaments.

Amendment 59

Article 37, paragraphs 1, 2 and 3

1.

Europol shall be headed by a Director appointed by the Council, acting by a qualified majority, from a list of at least three candidates presented by the Management Board, for a four-year period extendable once.

1.

Europol shall be headed by a Director appointed by the Management Board in accordance with a cooperation (concertation) procedure.

The Director shall be appointed on the basis of his or her personal merit, experience in the field of competence of Europol and administrative and management skills.

This cooperation procedure shall be as follows:

(a) on the basis of a list drawn up by the Commission after a call for candidates and a transparent selection procedure, applicants will be asked, before an appointment is made, to address the European Parliament and the Council and to reply to questions;

(b) the European Parliament and the Council may then give their opinions and state their orders of preference;

(c) the Management Board shall appoint the Director taking those opinions into account.

The Director's term of office shall be four years.

2.

The Director shall be assisted by Deputy Directors appointed for a four-year period extendable once, in accordance with the procedure laid down in paragraph 1 . Their tasks shall be defined in greater detail by the Director.

2.

The Director shall be assisted by Deputy Directors appointed for a four-year period extendable once. Their tasks shall be defined in greater detail by the Director.

3.

The Management Board shall establish rules regarding the selection of candidates for the position of Director or Deputy Director. Such rules shall be approved by the Council, acting by a qualified majority prior to their entry into force.

3.

The Management Board shall establish rules regarding the selection of candidates for the position of Deputy Director. Such rules shall be approved by the Council, acting by a qualified majority prior to their entry into force.

Amendment 41

Article 37, paragraph 4, point (ga) (new)

(ga) the implementation of effective monitoring and evaluation procedures relating to Europol's performance in terms of achieving its objectives,

Amendment 42

Article 38, paragraph 5a (new)

5a. Regulation (EC) No 45/2001 shall apply to the processing of personal data relating to Europol staff.

Amendment 43

Article 41, paragraph 1

1.

The revenues of Europol shall consist, without prejudice to other types of income, of a subsidy from the Community entered in the general budget of the European Union (Commission section) as from 1 January 2010.

1.

The revenues of Europol shall consist, without prejudice to other types of income, of a subsidy from the Community entered in the general budget of the European Union (Commission section) as from 1 January 2010. The financing of Europol is subject to an agreement by the budgetary authority as provided for in the IIA.

Amendment 44

Article 41, paragraph 3

3.

The Director shall draw up a draft estimate of the revenues and expenditure of Europol for the following financial year and shall forward it to the Management Board together with a provisional establishment plan. The establishment plan shall consist of posts of a permanent or temporary nature and a reference to national experts seconded, and shall state the number, grade and category of staff employed by Europol for the financial year in question.

3.

The Director shall draw up a draft estimate of the revenues and expenditure of Europol for the following financial year and shall forward it to the Management Board together with a draft establishment plan. The draft establishment plan shall consist of posts of a permanent or temporary nature and a reference to national experts seconded, and shall state the number, grade and category of staff employed by Europol for the financial year in question.

Amendment 45

Article 41, paragraph 6

6.

The estimate shall be forwarded by the Commission to the European Parliament, and the Council (hereinafter referred to as the budgetary authority) together with the preliminary draft budget of the European Union.

6.

The estimate shall be forwarded by the Commission to the European Parliament, which shall have the opportunity to examine it as appropriate according to its competences, and the Council (hereinafter referred to as the budgetary authority) together with the preliminary draft budget of the European Union.

Amendment 46

Article 42, paragraph 8a (new)

8a. The Director shall submit to the European Parliament, at the latter's request, any information required for the smooth application of the discharge procedure for the financial year in question, as laid down in Article 146(3) of the Financial Regulation.

Amendment 47

Article 42, paragraph 9

9.

Upon a recommendation from the Council, the European Parliament shall, before 30 April of year n + 2, give a discharge to the Director of Europol in respect of the implementation of the budget for year n.

9.

The European Parliament , taking into account a recommendation from the Council acting by a qualified majority, shall, before 30 April of year n + 2, give a discharge to the Director of Europol in respect of the implementation of the budget for year n.

Amendment 48

Article 43

The financial rules applicable to Europol shall be adopted by the Management Board after having consulted the Commission. They may not depart from Regulation (EC, Euratom) No 2343/2002 of 23 December 2002, unless necessary for Europol's operation. The prior consent of the Commission shall be required for the adoption of any rules which derogate from the Regulation (EC, Euratom) No 2343/2002. The budgetary authority shall be informed of these derogations.

The financial rules applicable to Europol shall be adopted by the Management Board after having consulted the Commission. They may not depart from Regulation (EC, Euratom) No 2343/2002 of 19 November 2002, unless specifically required for Europol's operation. The prior consent of the Commission shall be required for the adoption of any rules which derogate from Regulation (EC, Euratom) No 2343/2002. The budgetary authority shall be informed of these derogations.

Amendment 49

Article 44, paragraph 1

The Director will establish a monitoring system in order to collect indicators of the effectiveness and efficiency of the duties performed within Europol.

The Director will establish a monitoring system in order to collect indicators of the effectiveness and efficiency of the duties performed within Europol. The Director shall report annually to the Management Board on the results of this monitoring.

Amendment 50

Article 44, paragraph 4a (new)

The Chairman of the Management Board or the Director of Europol shall present Europol's priorities for the coming year before a joint committee comprising Members of the European Parliament and members of national parliaments in order to guarantee a democratic debate with civil society and a better control over its activities.

Amendment 51

Article 45

On the basis of a proposal by the Director, and not later than six months after this Decision is applicable, the Management Board shall adopt rules concerning access to Europol documents, taking into account the principles and limits set out in Regulation (EC) No 1049/2001 of the European Parliament and of the Council.

On the basis of a proposal by the Director, and not later than six months after this Decision is applicable, the Management Board, after consulting the European Parliament , shall adopt rules concerning access to Europol documents, taking into account the principles and limits set out in Regulation (EC) No 1049/2001 of the European Parliament and of the Council.

Amendment 52

Article 47

The chairman of the Management Board and the Director may appear before the European Parliament to discuss general questions relating to Europol.

The chairman of the Management Board and the Director shall appear before the European Parliament on request to discuss any questions relating to Europol.

Amendment 53

Article 56, paragraph 1

1.

By way of derogation from Article 38, all employment contracts concluded by Europol, as established by the Europol Convention before the entry into force of this Decision will be honoured.

1.

By way of derogation from Article 38, all employment contracts concluded by Europol, as established by the Europol Convention before the entry into force of this Decision, will be honoured. The possible additional staffing cost generated by this derogation shall be taken into account in the agreement on the financing of Europol to be reached under Point 47 of the IIA.

Amendment 54

Article 56, paragraph 2

2.

All members of staff under contracts as referred to in paragraph 1 shall be offered the possibility to conclude contracts under Article 2(a) of the Conditions of Employment of other Servants of the Communities laid down in Regulation (EEC, Euratom, ECSC) No 259/68 at the various grades as set out in the establishment plan. To that end an internal selection process limited to staff employed by Europol before the date of application of this Decision will be established within two years after the date of application of this Decision by the authority authorised to conclude contracts in order to check the competence, efficiency and integrity of those to be engaged. Successful candidates will be offered a contract under Article 2(a) of the Conditions of Employment of other Servants of the Communities laid down in Regulation (EEC, Euratom, ECSC) No 259/68.

2.

All members of staff under contracts as referred to in paragraph 1 shall be offered the possibility to conclude contracts under Article 2(a) of the Conditions of Employment of other Servants of the Communities laid down in Regulation (EEC, Euratom, ECSC) No 259/68 at the various grades as set out in the establishment plan. To that end , after consultation of the European Personnel Selection Office, an internal selection process limited to staff employed by Europol before the date of application of this Decision will be established within two years after the date of application of this Decision by the authority authorised to conclude contracts in order to check the competence, efficiency and integrity of those to be engaged. This selection process shall be monitored by the Commission. The outcome of this selection process shall be made public. Successful candidates will be offered a contract under Article 2(a) of the Conditions of Employment of other Servants of the Communities laid down in Regulation (EEC, Euratom, ECSC) No 259/68. The draft establishment plan forwarded to the budgetary authority together with the preliminary draft budget of the European Union shall clearly indicate which posts are filled by staff employed under the Staff Regulations of Officials of the European Communities and the conditions of employment of other servants of the European Communities, and which posts are filled by staff employed under the Europol Staff Regulations.

Amendment 55

Article 57, paragraph 3, subparagraph 2a (new)

Under no circumstances shall the Community subsidy for Europol, as established by this Decision, be used to meet expenditure relating to commitments made by Europol in accordance with the Europol Convention, before the entry into force of this Decision.

Amendment 62

Article 62, paragraph 2a (new)

2a. This Decision shall be revised within a period of six months following the date of entry into force of the Treaty of Lisbon .

(1)  OJ C 139, 14.6.2006, p. 1.

(2)  OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).

(3)  OJ C 219, 30.7.1999, p. 101.

(4)  OJ C 187 E, 7.8.2003, p. 144.

(5)  OJ C 64 E, 12.3.2004, p. 588.

(6)  OJ L 281, 23.11.1995, p. 31. Directive as amended by Regulation (EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).

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