Europol (Amendment) Act 2006

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Number 37 of 2006


EUROPOL (AMENDMENT) ACT 2006


ARRANGEMENT OF SECTIONS

Section

1. Amendment of section 1 of Europol Act 1997.

2. Amendment of section 2 of Europol Act 1997.

3. Amendment of section 6 of Europol Act 1997.

4. New Schedules in Europol Act 1997.

5. Short title.


Acts Referred to

Data Protection Act 1988

1988, No. 25

Data Protection Acts 1988 and 2003

Europol Act 1997

1997, No. 38


Number 37 of 2006


EUROPOL (AMENDMENT) ACT 2006


AN ACT TO GIVE THE FORCE OF LAW TO THE PROTOCOLS OF 30 NOVEMBER 2000, 28 NOVEMBER 2002 AND 27 NOVEMBER 2003 TO THE CONVENTION OF 26 JULY 1995 ON THE ESTABLISHMENT OF A EUROPEAN POLICE OFFICE, TO AMEND FOR THAT PURPOSE THE EUROPOL ACT 1997 AND TO PROVIDE FOR RELATED MATTERS.

[23rd December, 2006]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Amendment of section 1 of Europol Act 1997.

1.— Section 1(1) (interpretation) of the Europol Act 1997 is amended—

(a) by the deletion of “June, 1997.” in the definition of the 1997 Protocol and the substitution of “June, 1997;”, and

(b) by the addition of the following definitions:

“ “the 2000 Protocol” means the Protocol drawn up on the basis of Article 43(1) of the Europol Convention amending Article 2 of and the Annex to that Convention, done at Brussels on the 30th day of November, 2000;

“ the 2002 Protocol” means the Protocol amending the Europol Convention and the 1997 Protocol, done at Brussels on the 28th day of November, 2002;

“ the 2003 Protocol” means the Protocol drawn up on the basis of Article 43(1) of the Europol Convention and amending that Convention, done at Brussels on the 27th day of November 2003.”.

Amendment of section 2 of Europol Act 1997.

2.— Section 2 (Convention and Protocols to have force of law) of the Europol Act 1997 is amended—

(a) in subsection (1), by the deletion of “Convention, the 1996 Protocol and the 1997 Protocol” and the substitution of “Convention and the 1996, 1997, 2000, 2002 and 2003 Protocols”,

(b) in subsection (2)—

(i) by the deletion of “and Sixth Schedules” and the substitution of “, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh and Twelfth Schedules”,

(ii) by the deletion of “and” in paragraph (e),

(iii) by the deletion of “Protocol.” in paragraph “(f)” and the substitution of “Protocol,” and

(iv) by the addition of the following paragraphs:

“(g) the text in the English language of the 2000 Protocol,

(h) the text in the English language of the 2002 Protocol,

(i) the text in the English language of the 2003 Protocol,

(j) the text in the Irish language of the 2000 Protocol,

(k) the text in the Irish language of the 2002 Protocol, and

(l) the text in the Irish language of the 2003 Protocol.”.

Amendment of section 6 of Europol Act 1997.

3.— Section 6 (application of Data Protection Act 1988) of the Europol Act 1997 is amended by the substitution of the following subsection for subsection (1):

“(1) For the purposes of this Act and the Convention and the 1996, 1997, 2000, 2002 and 2003 Protocols, the Data Protection Acts 1988 and 2003 shall apply and have effect, with any necessary modifications, in relation to the collection, processing, keeping, use or disclosure of certain information relating to individuals that is processed automatically at Europol.”.

New Schedules in Europol Act 1997.

4.— The following Schedules are added to the Europol Act 1997 :

“SEVENTH SCHEDULE

The Text in the English Language of the 2000 Protocol

PROTOCOL

drawn up on the basis of Article 43(1) of the Convention on the establishment of a European Police Office (Europol Convention) amending Article 2 and the Annex to that Convention

THE HIGH CONTRACTING PARTIES to this Protocol and Contracting Parties to the Convention on the establishment of a European Police Office, Member States of the European Union,

REFERRING to the Act of the Council of the European Union of 30 November 2000,

Whereas:

(1) There is a need to give Europol more effective tools to fight money laundering in order to reinforce Europol’s possibilities to support the Member States in this fight.

(2) The European Council invited the Council of the European Union to extend the competence of Europol to money laundering in general, regardless of the type of offence from which the laundered proceeds originate,

HAVE AGREED ON THE FOLLOWING PROVISIONS:

Article 1

The Europol Convention is amended as follows.

1. Article 2 is amended as follows:

(a) in paragraph 2 the first subparagraph shall be replaced by the following:

‘2. In order to achieve progressively the objective mentioned in paragraph 1, Europol shall initially act to prevent and combat unlawful drug trafficking, illegal money-laundering activities, trafficking in nuclear and radioactive substances, illegal immigrant smuggling, trade in human beings and motor vehicle crime.’;

(b) in paragraph 3 the first subparagraph shall be replaced by the following:

‘3. Europol’s competence as regards a form of crime or specific manifestations thereof shall cover related criminal offences. It shall, however, not cover offences predicate to illegal money-laundering activities with regard to which forms of crime Europol has no competence pursuant to paragraph 2.’

2. The Annex is amended as follows:

the paragraph beginning with the words ‘In addition, in accordance with Article 2(2)’ shall be replaced by the following:

‘In addition, in accordance with Article 2(2), the act of instructing Europol to deal with one of the forms of crime listed above implies that it is also competent to deal with the related criminal offences.’

Article 2

1. This Protocol shall be subject to adoption by the Member States in accordance with their respective constitutional requirements.

2. Member States shall notify the Secretary-General of the Council of the European Union of the completion of their constitutional requirements for adopting this Protocol.

3. This Protocol shall enter into force 90 days after the notification, referred to in paragraph 2, by the Member State which, being a member of the European Union on the date of adoption by the Council of the Act establishing this Protocol, is the last to fulfil that formality.

Article 3

1. This Protocol shall be open to accession by any State which becomes a member of the European Union if this Protocol has not entered into force on the date of deposit of the instruments of accession to the Europol Convention in accordance with Article 46 of the Europol Convention.

2. Instruments of accession to this Protocol shall be deposited simultaneously with the instruments of accession to the Europol Convention in accordance with Article 46 thereof.

3. The text of this Protocol in the language of the acceding State, drawn up by the Council of the European Union, shall be authentic.

4. If on the expiry of the period referred to in Article 46(4) of the Europol Convention, this Protocol has not entered into force, it will enter into force for the acceding Member State on the date of entry into force of this Protocol in accordance with Article 2(3).

5. If this Protocol enters into force in accordance with Article 2(3) before the period referred to in Article 46(4) of the Europol Convention has expired but after the deposit of the instrument of accession referred to in paragraph 2, the acceding Member State shall accede to the Europol Convention as amended by virtue of this Protocol, in accordance with Article 46 of the Europol Convention.

Article 4

1. The Secretary-General of the Council of the European Union shall act as depositary of this Protocol.

2. The depositary shall publish in the Official Journal information on the progress of adoptions and accessions and also any other notification concerning this Protocol.

In witness whereof, the undersigned Plenipotentiaries have signed this Protocol.

Done at Brussels, this thirtieth day of November in the year two thousand, in a single original, in the Danish, Dutch, English, Finnish, French, German, Greek, Irish, Italian, Portuguese, Spanish and Swedish languages, each text being equally authentic, such original remaining deposited in the archives of the General Secretariat of the Council of the European Union.

(Signatures of Plenipotentiaries)

EIGHTH SCHEDULE

The Text in the English language of the 2002 Protocol

PROTOCOL

amending the Convention on the establishment of a European Police Office (Europol Convention) and the Protocol on the privileges and immunities of Europol, the members of its organs, the deputy directors and the employees of Europol

THE HIGH CONTRACTING PARTIES to this Protocol and High Contracting Parties to the Convention on the establishment of a European Police Office and to the Protocol on the privileges and immunities of Europol, the members of its organs, the deputy directors and the employees of Europol, Member States of the European Union,

REFERRING to the Act of the Council of the European Union of 28 November 2002,

WHEREAS:

(1) Pursuant to Article 30(2)(a) of the Treaty on European Union, the Council is to enable Europol to facilitate and support the preparation, and to encourage the coordination and carrying out, of specific investigative actions by the competent authorities of the Member States, including operational actions of joint teams comprising representatives of Europol in a support capacity.

(2) Rules need to be laid down governing such participation of Europol in joint investigation teams. These rules should address the role of Europol officials in these teams, the exchange of information between Europol and the joint investigation team, as well as non-contractual liability for damage caused by Europol officials participating in...

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