24.11.2016   

EN

Official Journal of the European Union

C 436/210

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having regard to the draft Council decision (16229/2012),

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having regard to Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol) (1), and in particular Article 26(1)(a) thereof, pursuant to which the Council consulted Parliament (C7-0011/2013),

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having regard to Council Decision 2009/934/JHA of 30 November 2009 adopting the implementing rules governing Europol’s relations with partners, including the exchange of personal data and classified information (2),

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having regard to Council Decision 2009/935/JHA of 30 November 2009 determining the list of third States and organisations with which Europol shall conclude agreements (3),

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having regard to Rule 55 of its Rules of Procedure,

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having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A7-0351/2013),

1.

Rejects the draft Council decision;

2.

Calls on the Council not to adopt the decision, as the Commission recently proposed a new regulation for Europol (Commission proposal of 27 March 2013 for a regulation on the European Union Agency for Law Enforcement Cooperation and Training (Europol) and repealing Decisions 2009/371/JHA and 2005/681/JHA (COM(2013)0173)), under which the provisions and the procedure for concluding agreements with third States and organisations are to be modified; therefore there should not be any amendments to the measures implementing Decision 2009/371/JHA;

3.

Calls on the Director and the Management Board of Europol to refrain, in the event of the draft Council decision being adopted, from starting any negotiations on operational agreements with any of the countries listed in it since the level of data protection is inadequate in some of the countries listed in the draft Council decision and the basic right to protection of personal data cannot be ensured; stresses that robust safeguards to protect privacy and fundamental rights must be guaranteed where any personal data are exchanged with third States or international organisations;

4.

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