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European network for the protection of public figures. Initiative the Netherlands

2009/0801(CNS)

PURPOSE: to amend Decision 2002/956/JHA setting up a European Network for the Protection of Public Figures so that it would also apply to non-officials who are deemed to be under threat.

LEGISLATIVE ACT: Council Decision 2009/796/JHA amending Decision 2002/956/JHA setting up a European Network for the Protection of Public Figures.

CONTENT: this Decision, based on a Dutch Initiative, aims to amend Council Decision 2002/956/JHA setting up a European Network for the Protection of Public Figures so that it would also apply to non-officials who are deemed to be under threat because of their contribution to or impact on the public debate. The European Network for the Protection of Public Figures, which was set up in 2002, could contribute to providing protection as a formal channel for communication and consultation between national Authorities.

It is therefore considered appropriate, with this amendment, to amend the scope of the Decision so that it would also apply to persons in a non-official position who are deemed to be under threat because of their contribution to or impact on the public debate.

Decision 2002/956/JHA is hereby amended as follows:

  • Definition: for the purposes of this Decision, "public figure" shall mean any person, either in an official capacity or in a non-official position to whom a protection service is assigned in accordance with the national legislation of a Member State or pursuant to the regulations of an international or supranational organisation or institution;
  • Extension of the protection of the person concerned: to ensure the appropriate protection of non officials, favouring contacts concerning the application of protection in cases where the protection of public figures has to be assured in two or more Member States between the relevant authorities within the Member States responsible for rendering protection services, either through the contact points or by means of direct contacts between the responsible services, as communicated by the contact points.

ENTRY INTO FORCE: the Decision shall take effect on 19.11.2009.