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EU: Council of the European Union: Europol: To: Standing Committee on operational cooperation on internal security Subject: Proposals from Europol: Improving information and intelligence exchange in the area of counter terrorism across the EU

06 July 2015

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"Europol’s experience, supported by the figures below, is that the expectations generated by these political decisions have not been generally met, with the potentials for the full and proper use of Europol’s information management capabilities not realised in the area of counter terrorism."

See the full text: Europol: To: Standing Committee on operational cooperation on internal security Subject: Proposals from Europol: Improving information and intelligence exchange in the area of counter terrorism across the EU (LIMITE doc no: 7272-15, pdf)

Europol's new roles on counter-terrorism derive from political direction given by the Justice and Home Affairs Council of 12 March 2015 and the Paris and Riga statements. The legal basis for Europol's new role such as Check the Web, Focal Point Travellers and using existing mechanisms like SIENA and the Europol Information System is the Council Decision 2005/671/JHA of 20 September 2005 on the exchange of information and cooperation concerning terrorist offences (pdf). This Decision states all information concerning terrorist investigations should be sent to Europol and Eurojust (Article 2) and sent, under Article 6 to "other interested Member States". The Decision makes no provision for the correction of the data/intelligence files provided nor for its deletion should an investigated or detained person(s) be released, not charged or acquitted. It should be noted that most terrorist investigation files will concern more than one person (the suspect), possibly involving their family and friends.

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