Decision 2009/371 - European Police Office (Europol) - Main contents
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Contents
official title
Council Decision of 6 April 2009 establishing the European Police Office (Europol)| Legal instrument | Decision |
|---|---|
| Number legal act | Decision 2009/371 |
| Original proposal | COM(2006)817  |
| CELEX number i | 32009D0371 |
| Document | 06-04-2009 |
|---|---|
| Publication in Official Journal | 15-05-2009; Special edition in Croatian: Chapter 19 Volume 008,OJ L 121, 15.5.2009 |
| Effect | 04-06-2009; Partial application See Art 64 04-06-2009; Takes effect Date pub. + 20 See Art 64.1 01-01-2010; Application See Art 64.2 |
| End of validity | 30-04-2017; Repealed and replaced by 32016R0794 |
15.5.2009 |
EN |
Official Journal of the European Union |
L 121/37 |
COUNCIL DECISION
of 6 April 2009
establishing the European Police Office (Europol)
(2009/371/JHA)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 30(1)(b), Article 30(2) and Article 34(2)(c) thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Whereas:
(1) |
The establishment of a European Police Office (Europol) was agreed in the Treaty on European Union of 7 February 1992, and regulated in the Convention based on Article K.3 of the Treaty on European Union, on the establishment of a European Police Office (Europol Convention) (2). |
(2) |
The Europol Convention has been the subject of a number of amendments enshrined in three protocols which have entered into force after a lengthy process of ratification. Consequently, replacing the Convention by a Decision will ease further amendments as necessary. |
(3) |
Simplification and improvement of Europol’s legal framework can be partially achieved by the establishment of Europol as an entity of the Union, funded from the general budget of the European Union, due to the subsequent application of the general rules and procedures. |
(4) |
Recent legal instruments setting up similar Union entities in the areas covered by Title VI of the Treaty on European Union (Council Decision 2002/187/JHA of 28 February 2002 setting up Eurojust with a view to reinforcing the fight against serious crime (3) and Decision 2005/681/JHA of 20 September 2005 establishing the European Police College (CEPOL) (4) have taken the form of Council Decisions, since such Decisions are more easily adaptable to changing circumstances and emerging political priorities. |
(5) |
Establishing Europol as an entity of the Union, funded from the general budget of the European Union, will enhance the role of the European Parliament in the control of Europol through the involvement of the European Parliament in the adoption of that budget, including the establishment plan, and the discharge procedure. |
(6) |
Making Europol subject to the general rules and procedures applicable to similar Union entities will ensure administrative simplification, which will allow Europol to devote more of its resources to its core tasks. |
(7) |
Further simplification and improvement of Europol’s functioning can be achieved through measures aimed at widening the possibilities for Europol’s assisting and supporting the competent law enforcement authorities of the Member States, without providing for executive powers for Europol staff. |
(8) |
One such improvement is to ensure that Europol can assist the competent authorities of the Member States in combating specific forms of serious crime, without the current limitation that there must be factual indications that an organised criminal structure is involved. |
(9) |
The establishment of joint investigation teams should be encouraged and it is important that Europol staff should be able to participate in them. To ensure that such participation is possible in every Member State, it should be guaranteed that Europol staff do not benefit from the application of immunities while they are participating in a support capacity in joint investigation teams. That will be possible after the adoption of a Regulation to that effect on the basis of Article 16 of the Protocol on the Privileges and Immunities of the European Communities. |
(10) |
Europol national units should have direct access to all data in the Europol Information System to avoid unnecessary procedures. |
(11) |
In order to achieve its objectives, Europol processes personal data... |
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