Regulation 2016/794 - Europol - Main contents
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Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2016/794 |
| Original proposal | COM(2013)173  |
| CELEX number i | 32016R0794 |
| Document | 11-05-2016; Date of signature |
|---|---|
| Publication in Official Journal | 24-05-2016; OJ L 135 p. 53-114 |
| Signature | 11-05-2016 |
| Effect | 13-06-2016; Entry into force Date pub. +20 See Art 77.1 13-06-2016; Application Partial application See Art 77.2 01-05-2017; Application See Art 77.2 |
| Deadline | 14-12-2016; See Art 72.4 29-09-2022; See Art 74a.1 And 74a.3 And 74a.5 29-10-2022; See Art 74a.2 And 74a.4 And 74a.6 29-06-2025; See Art 68.3 29-06-2027; See Art 68.1 |
| End of validity | 31-12-9999 |
24.5.2016 |
EN |
Official Journal of the European Union |
L 135/53 |
REGULATION (EU) 2016/794 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 11 May 2016
on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 88 thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Acting in accordance with the ordinary legislative procedure (1),
Whereas:
(1) |
Europol was set up by Council Decision 2009/371/JHA (2) as an entity of the Union funded from the general budget of the Union to support and strengthen action by 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. Decision 2009/371/JHA replaced the Convention based on Article K.3 of the Treaty on European Union, on the establishment of a European Police Office (Europol Convention) (3). |
(2) |
Article 88 of the Treaty on the Functioning of the European Union (TFEU) provides for Europol to be governed by a regulation to be adopted in accordance with the ordinary legislative procedure. It also requires the establishment of procedures for the scrutiny of Europol's activities by the European Parliament, together with national parliaments, subject to point (c) of Article 12 of the Treaty on European Union (TEU) and Article 9 of Protocol No 1 on the role of National Parliaments in the European Union, annexed to the TEU and to the TFEU (‘Protocol No 1’), in order to enhance the democratic legitimacy and accountability of Europol to the Union's citizens. Therefore, Decision 2009/371/JHA should be replaced by a regulation laying down, inter alia, rules on parliamentary scrutiny. |
(3) |
The ‘Stockholm programme — An open and secure Europe serving and protecting citizens’ (4) calls for Europol to evolve and become a hub for information exchange between the law enforcement authorities of the Member States, a service provider and a platform for law enforcement services. On the basis of an assessment of Europol's functioning, further enhancement of its operational effectiveness is needed to meet that objective. |
(4) |
Large-scale criminal and terrorist networks pose a significant threat to the internal security of the Union and to the safety and livelihood of its citizens. Available threat assessments show that criminal groups are becoming increasingly poly-criminal and cross-border in their activities. National law enforcement authorities therefore need to cooperate more closely with their counterparts in other Member States. In this context, it is necessary to equip Europol to better support Member States in Union-wide crime prevention, analyses and investigations. This was also confirmed in the evaluation of Decision 2009/371/JHA. |
(5) |
This Regulation aims to amend and expand the provisions of Decision 2009/371/JHA and of Council Decisions 2009/934/JHA (5), 2009/935/JHA (6), 2009/936/JHA (7) and 2009/968/JHA (8) implementing Decision 2009/371/JHA. Since the amendments to be made are of a substantial number and nature, those Decisions should, in the interests of clarity, be replaced in their entirety in relation to the Member States bound by this Regulation. Europol as established by this Regulation should replace and assume the functions of Europol as established by Decision 2009/371/JHA, which, as a consequence, should be repealed. |
(6) |
As serious crime often occurs across internal borders, Europol should... |
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