4 Amendments of Angelika MLINAR related to 2013/0091(COD)
Amendment 1 #
Council position
Article 1 – paragraph 1
Article 1 – paragraph 1
1. A European Union Agency for Law Enforcement Cooperation (Europol) is hereby established with a view to supportingimproving mutual cooperation among law enforcement authorities in the Union and developing an investigation capacity at Union level.
Amendment 2 #
Council position
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Europol shall support and strengthen action by the competent authorities of the Member States and their mutual cooperation, foster law enforcement synergies at Union level and provide a cross-border investigation capacity in preventing and combating serious crime affecting two or more Member States, terrorism and forms of crime which affect a common interest covered by a Union policy, as listed in Annex I.
Amendment 4 #
Council position
Article 6
Article 6
Request by Europol for the initiation of a criminal investigation criminal investigation 1. In specific cases where Europol considers that a criminal investigation should be initiated into a crime falling within the scope of its objectives, it shall request the competent authorities of the Member States concerned via the national units to initiate, conduct or coordinate such a criminal investigation. 2. The nNational uUnits shall inform Europol without delay of the decision of the competent authorities of the Member States concerning any request made pursuant to paragraph 1initiation of the investigation. 3. If the competent authorities of a Member States decide not to accede tocomply with a request made by Europol pursuant to paragraph 1, they shall informprovide Europol ofwith the reasons for their decision without undue delay, preferably within one month of receipt of the request. However, the reasons may be withheld if providing them, within one month of the request, unless they can justify to Europol that the immediate provision of such reasons would: (a) be contrary to the essential interests of the security of the Member State concerned; or (b) jeopardise the success of an ongoing investigation or the safety of an individual. 4. Europol shall immediately inform Eurojust of any request made pursuant to paragraph 1 and of anythe decision of a competent authority of a Member State pursuant to paragraph 2to initiate or refuse to initiate an investigation.
Amendment 5 #
Council position
Article 7 – paragraph 7
Article 7 – paragraph 7
7. Without prejudice to the discharge by Member States of their responsibilitiesMember States shall fulfill their duty incumbent upon them with regard to the maintenance of law and order and the safeguarding of internal security, Member States shall not in any particular case be obliged toby ensuring a timely and exhaustive supply of information in accordance with point (a) of paragraph 6 that would: (a) be contrary to the essential interests of the security of the Member State concerned; (b) jeopardise the success of an ongoing investigation or the safety of an individual; or (c) disclose information relating to organisations or. Information shall be supplied without undue delay. In exceptional cases and only once duly justified to Europol by the competent authority within the Member State concerned, the immediate transmission of information in accordance with point (a) of paragraph 6 can be suspended where it would: (a) be determined by the competent authorities of the concerned Member State that such an immediate transmission pose an immediate threat to the specific intelligence activities in the field of national security. However,urity of the Member State concerned; (b) be determined by the competent authorities of Member States sthallt supply information as soon as it ceases to fall within the scope of points (a), (b) or (c) of the first subparagraph.ch an immediate transmission will jeopardise the success of an ongoing investigation or the safety of individuals involved therein;