On Thursday 15 December, Denmark, the European Commission and the European Council agreed on a solution to allow Denmark to continue its participation in the European police cooperation agency Europol, but in a changed form.
In December 2015, when consulted about the possibility of lifting the opt-out allowing their country not to participate in European policies in the field of justice and home affairs, the Danes opted for the status quo which legally prevents Denmark from continuing its participation in Europol (see EUROPE 11446).
In a joint statement, the Danish Prime Minister, Lars Løkke Rasmussen, and the Presidents of the Commission, Jean-Claude Juncker, and of the European Council, Donald Tusk, agreed on the "need for operational arrangements, minimising the negative impact of Denmark's departure from Europol on 1 May 2017, for the mutual benefit of Denmark and the rest of the European Union in the combating of cross-border serious and organised crime and international terrorism".
These provisions will be specific to Denmark and will "not in any way equal full membership of Europol, i.e. provide access to Europol's data repositories, or full participation in Europol's operational work database, or give decision-making rights in the governing bodies of Europol", the three leaders explain. "However, it should ensure a sufficient level of operational cooperation including exchange of relevant data, subject to adequate safeguards", they add.
The statement stipulates that these provisions will be subject to the following conditions: - Denmark's continued membership of the European Union and of the Schengen zone of the free movement of people; - Denmark's obligation to fully transpose into its national law EU directive 2016/680/EU on data protection in police matters by 1 May 2017; 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.
The aim is to allow the necessary measures to be taken by 1 May 2017. (Original version in French by Solenn Paulic)