Explanatory Memorandum to COM(2009)704 - Conclusion of the Agreement with Iceland and Norway on the application of certain provisions of the Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the EU and the 2001 Protocol thereto - Main contents
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| dossier | COM(2009)704 - Conclusion of the Agreement with Iceland and Norway on the application of certain provisions of the Convention of 29 May ... |
|---|---|
| source | COM(2009)704  |
| date | 17-12-2009 |
The objective of the Agreement [OJ L 26 of 29/1/2004] is to improve judicial cooperation in criminal matters between the Member States of the European Union and Iceland and Norway by applying certain provisions of the Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between Member States of the European Union and the 2001 Protocol to Iceland and Norway.
The purpose of the Convention of 29 May 2000 on Mutual Assistance in Criminal Matters is to encourage and modernise cooperation between judicial, police and customs authorities by supplementing the provisions and facilitating the application of the 1959 Council of Europe Convention on Mutual Assistance in Criminal Matters, and its 1978 Protocol, the 1990 Convention applying the Schengen Agreement and the Benelux Treaty of 1962.
The convention is supplemented by a Protocol established by the Council in accordance with Article 34 of the Treaty on European Union [OJ C 326 of 21/11/2001] which provides for supplementary measures such as requests for information on banking transactions in order to combat crime in general and organised crime in particular.
The signing of the Agreement between the European Union and the Republic of Iceland and the Kingdom of Norway on the application of certain provisions of the Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union and the 2001 Protocol thereto was authorised by the Council in its Decision of 17 December 2003 based on Articles 24 and 38 of the Treaty on European Union.
The Agreement has not yet been concluded and has not entered into force.
With the entry into force of the Lisbon Treaty on 1 December 2009, the procedures to be followed to that end by the European Union are governed by Article 218 of the Treaty on the Functioning of the European Union.
The Agreement was signed already 6 years ago and therefore it should now be concluded as soon as possible.
Article 218(6)(a) of the Treaty on the Functioning of the European Union states that in the case of agreements covering fields to which the ordinary legislative procedure applies, the Council shall adopt a decision concluding the agreement, after obtaining the consent of the European Parliament.
The Commission therefore recommends to the Council, after obtaining the consent of the European Parliament, to adopt a decision concluding the Agreement between the European Union and the Republic of Iceland and the Kingdom of Norway on the application of certain provisions of the Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union and the 2001 Protocol thereto.