PURPOSE: to authorise the European Police Office (Europol) to conclude the Agreement on Strategic Cooperation between Brazil and Europol.
PROPOSED ACT: Council Implementing Decision.
ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion.
BACKGROUND : pursuant to Decision 2009/371/JHA establishing the European Police Office (Europol) and Decision 2009/934/JHA adopting the implementing rules governing Europol's relations with partners, Europol is to conclude agreements with the third States which have been put on the list determined by Decision 2009/935/JHA.
Such agreements have the objective of supporting and strengthening action by the competent authorities of the Member States and their mutual cooperation in preventing and combating organised crime, terrorism and other forms of serious crime affecting two or more Member States, and may concern the exchange of operational, strategic or technical information, including personal data and classified information.
Brazil is included in the list determined by Decision 2009/935/JHA.
In order to increase effectiveness in preventing and combating serious forms of crime, Europol has initiated the procedure for the conclusion of an Agreement on Strategic Cooperation between Brazil and Europol (‘Strategic Agreement’).
Strategic Agreements involve the exchange of information excluding personal data. Europol may conclude them only after approval by the Council, the latter having previously consulted the Management Board of Europol. The Management Board approved the Strategic Agreement on 6-7 October 2015.
The conditions for triggering the exercise of implementing powers by the Council pursuant to Decisions 2009/371/JHA, 2009/934/JHA and 2009/935/JHA have been met
CONTENT: by the draft implementing Decision, Europol is authorised to conclude the Agreement on Strategic Cooperation between Brazil and Europol.
The terms of the cooperation governed by the Strategic Agreement provide for the exchange of information, which may include specialist knowledge, general situation reports, results of strategic analysis, information on criminal investigation procedures and information on crime-prevention methods, participation in training activities, and the provision of advice and support in individual criminal investigations.
The Strategic Agreement contains no provision relating to the exchange of personal data.
Denmark, the United Kingdom and Ireland are taking part in the adoption and application of the Decision.