[ARTICLE 61 D]

FIGHTING CROSS-BORDER CRIME:

NEW EU SECURITY COMMITTEE WILL BE SET UP

TO COORDINATE NATIONAL POLICE, CUSTOMS

AND CIVIL PROTECTION AUTHORITIES

[ARTICLE 61D]

AMENDMENT TO: Treaty of Lisbon amending the Treaty on European Union and t= he Treaty establishing the European Community (Lisbon, 13 December 2007)<= /span>

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Policy Area: Treaty on the Functioning of the European Union, Part Three Policies and Internal Actions of the Union, Titl= e IV – Area of Freedom, security and Justice, Chapter 1 General Provisions, Article 61D

Amendment:

Clause= 2, page 1, line 12, after ‘excluding’ insert –

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‘= ;(i) Article 2, paragraph 64, replacement Chapter 1 and Articles 61 to 61I TEC (TFEU) general provisions relating to an area of freedom, security and justice; and

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(ii)’.

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<= st1:City w:st=3D"on">Lisb= on Treaty: =

“64) Article 61 D shall replace Article 36 TEU.

ARTICLE 61 D

A standing committee shall be set up within the Council = in order to ensure that operational cooperation on internal security is promot= ed and strengthened within the Union. Witho= ut prejudice to Article 207, it shall facilitate coordination of the action of Member States' competent authorities. Representatives of the Union bodies, offices and agencies concerned may be involved in the proceedings of this committee. The European Parliament and national Parliaments shall be kept informed of the proceedings.”

Consolidated Treaty Article(s):

“Article 36 TEU

1. A Coordinating Committee shall be set up consisting of senior officials. In addition to its coordinating role, it shall be the task of the Committee to= :

— give opinions for the attention of the Council, either at the Council's request or on its own initiative,=

— contribute, without prejudice to Article 207 of = the Treaty establishing the European Community, to the preparation of the Counc= il's discussions in the areas referred to in Article 29.

2. The Commission shall be fully associated with the wor= k in the areas referred to in this title.”

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Expl= anation:

This Article explains that a new committee will be set up to focus on internal security. According to new ARTICLE 61 D “A standing committee shall be set up within the Council= in order to ensure that operational cooperation on internal security is promot= ed and strengthened within the Union. Witho= ut prejudice to Article 207 ….” This Article is based on Article 36 TEU yet the area of the activity of the new committee is reduced to “operational cooperation”<= /span> so its remit does not include legislative work. The new standing committee will be focus on promoting= and strengthening operational cooperation between authorities with responsibili= ty for police and internal security. The "Article 36 Committee" (CATS) is composed of senior officials and it coordinates the competent Council working groups in the fi= eld of police and judicial cooperation it give opinions for the attention of the Council, contributes to the preparation of the Council's discussions in the areas of police co-operation and judicial co-operation in criminal matters.= It is intended to operate "without prejudice to" COREPER (Committee of = the Permanent Representatives of the Member States) which prepares the work of = the Council.

It will be a standing committee (not an ad hoc committee) with the task to = 220;facilitate coordination of the action of Member States' competent authorities.” With the collapse of the pillar structure, the authorities concerned with "internal security" will cover not just police forces but also authorities responsible for customs and civil protection. Its composition, concrete tasks and competences are completely = unclear, making it difficult to assess how far-reaching its objectives will be. It will “facilitate coordination” of the actions of national polic= e, customs and civil protection authorities but again, it is not clear in which circumstances or in what type of crisis. It is implied that it will have th= e power to coordinate the actions of nati= onal police as well as other authorities in this way the Union competence would = be extended far beyond police and judicial c= ooperation. Moreover, “= The European Parliament and national Parliaments shall be kept informed of the proceedings” so, in any case, such committee will not be subject to proper parliamentary control.