Analytics, Modern EU

On 15 December 2016, the President of the European Commission (Jean-Claude Junker), the President of the European Council (Donald Tusk) and Danish Prime Minister (Lars Løkke Rasmussen) issues a declaration minimising the negative effect of the Danish departure from Europol, following the referendum in Denmark on 3 December 2015.

Following the referendum in Denmark on 3 December 2015, the EU main institutions and the Danish PM agreed on the need for operational arrangements, minimising the negative impact of Denmark's departure from Europol on 1 May 2017.

These arrangements have been made for the mutual benefit of Denmark and the rest of the EU member states in combating of cross-border serious, organised crime and international terrorism.

It was underlined in the Declaration that such arrangements must be Denmark-specific, and not in any way equal to full membership of Europol, including restrictions in providing access to Europol's data repositories, in full participation in Europol's operational work and database, and giving decision-making rights in the governing bodies of Europol.

However, it should ensure a sufficient level of operational cooperation between Denmark and Europol, including exchange of relevant data, subject to adequate safeguards. 

This arrangement would be conditioned on Denmark's continued membership of the European Union and of the Schengen area, on Denmark's obligation to fully implement in Danish law Directive (EU) 2016/680/EU on data protection in police matters by 1 May 2017 and on Denmark's agreement to the application of the jurisdiction of the Court of Justice of the EU and the competence of the European Data Protection Supervisor.

It was decided that the Commission and Denmark will endeavor to initiate the necessary legal procedure as rapidly as possible and take all necessary actions, including contacts with relevant institutional actors, to ensure a swift process with a view to the new arrangements being in place by 1 May 2017 or as rapidly as possible thereafter.

This is to limit to the maximum extent possible the gap between 1 May 2017 and the entry into force of the future operational agreement, in order to minimise the negative impact on cooperation and data exchange. 

The EU-Danish negotiating parties acknowledged that the only way for Denmark to fully participate in the new Europol Regulation by 1 May 2017 is to make use of the procedure foreseen in Protocol No 22  (on the position of Denmark, pp. 299-303) to the Treaty on European Union and the Treaty on the Functioning of the European Union.

Source: http://europa.eu/rapid/press-release_IP-16-4398_en.htm