Council Act of 27 November 2003 drawing up, on the basis of Article 43(1) of the Convention on the Establishment of a European Police Office (Europol Convention), a Protocol amending that Convention - Declaration - Main contents

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Council Act of 27 November 2003 drawing up, on the basis of Article 43(1) of the Convention on the Establishment of a European Police Office (Europol Convention), a Protocol amending that Convention - Declaration

Official Journal 002 , 06/01/2004 P. 0001 - 0002

Council Act

of 27 November 2003

drawing up, on the basis of Article 43(1) of the Convention on the Establishment of a European Police Office (Europol Convention), a Protocol amending that Convention

(2004/C 2/01)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Convention on the Establishment of a European Police Office (EuropolConvention)(1), and in particular Article 43(1) thereof,

Having regard to the initiative of the Kingdom of Denmark(2),

Having regard to the opinion of the European Parliament(3),

Having regard to the opinion of the Management Board of Europol(4),

Whereas:

• (1) 

  Pursuant to Article 30(2) of the Treaty on European Union, within a period of five years after the entry into force of the Treaty of Amsterdam on 1 May 1999, the Council is to promote cooperation in a number of different areas, inter alia, through Europol.

• (2) 

  The Tampere European Council in October 1999 stated that Europol has a key role with respect to cooperation between Member States' authorities in the field of cross-border crime investigation in supporting Union-wide crime prevention, analyses and investigation. The European Council called on the Council to provide Europol with the necessary support,

HAS DECIDED to draw up the attached Protocol amending the Convention on the Establishment of a European Police Office (Europol Convention), signed today by the representatives of the governments of the Member States, and

RECOMMENDS

that Member States adopt this Protocol in accordance with their respective constitutional requirements.

Done at Brussels, 27 November 2003.

For the Council

The President

• R. 

  Castelli

• (1) 

  OJ C 316, 27.11.1995, p. 2.

• (2) 

  OJ C 172, 18.7.2002, p. 15.

• (3) 

  Opinion delivered on 9 April 2003 (not yet published in the Official Journal).

• (4) 

  Opinion delivered on 31 October 2002; additional opinion delivered on 24 June 2003.

Declaration by the Council

The Council agrees that the instruction of Europol to deal with "fraud" as one of the forms of crime referred to in the Annex to the Europol Convention confers, as far as tax fraud and customs fraud is concerned, competences to Europol only in the field of improvement of the effectiveness and cooperation of the competent authorities of the Member States responsible for the functioning of the criminal law enforcement system and not their authorities responsible for ensuring the levying of taxes and customs duties.

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