EUROPOL'S PARTICIPATION IN JOINT TEAMS
(21240)
7370/00
EUROPOL 6
| Draft Declaration on Europol's participation in joint teams.
|
| Legal base:
| Article 30 (2) EU; information; unanimity
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| |
| Document originated:
| 5 April 2000
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| Deposited in Parliament:
| 19 May 2000 |
| Department: |
Home Office |
| Basis of consideration:
| EM of 2 June 2000
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| Previous Committee Report:
| None |
| To be discussed in Council:
| No date set |
| Committee's assessment:
| Politically important
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| Committee's decision:
| Cleared |
Background
16.1 Recommendation 43 of the Tampere European
Council of 15-16 October 1999 calls for "joint investigative
teams as foreseen in the Treaty to be set up without delay, as
a first step, to combat trafficking in drugs and human beings
as well as terrorism. The rules to be set up in this respect should
allow Europol to participate, as appropriate, in such teams in
a support capacity". The Convention on Mutual Assistance
in Criminal Matters will effectively implement this recommendation;
however the Portuguese Presidency is concerned about the inevitable
delay before its entry into force. It therefore suggested a legal
instrument modelled on Article 13 and associated provisions in
the draft Convention on Mutual Legal Assistance in Criminal Matters.
As this approach was not generally supported by the Member States,
the Presidency has now come forward with the current proposal.
16.2 In relation to another document, ((21207)
— see paragraph 14 of this Report) we drew attention to
a report in European Voice[18]
alleging that the Presidency believed it had found a way to allow
Europol to set up joint teams without waiting for the Mutual Legal
Assistance Convention to be implemented. We now think this report
referred to the current document.
The document
16.3 The document proposes draft text for Council
Conclusions. As amended in the Europol Working Group, it reads:
"The Council, recalling
Recommendation 43 of the Conclusions of the 15/16 October 1999
meeting of the European Council at Tampere and Article 30 Paragraph
2 of the Treaty on European Union, considers it important for
Europol officers to be able to participate as soon as possible
in Joint Investigative Teams. In a first phase such participation
should take place within the limits of the provisions of the existing
Europol Convention.
"In order to facilitate the Council work in
this field the Management Board of Europol is invited to describe
the modalities of participation by Europol officials in Joint
Investigative Teams within the limits of the existing provisions
of the Europol Convention and to inform the Council thereof so
as to allow the Council to assess the need for any additional
measures to be prepared in the long run."
The Government's view
16.4 The Minister of State at the Home Office
(Mrs Barbara Roche) comments:
"The Government attaches
importance to keeping up the momentum of the Tampere initiatives,
and to putting in place workable arrangements for setting up joint
investigation teams with Europol participation as appropriate
in a support capacity. This is without prejudice to the Government's
position that to give Europol officers the sort of operational
powers which police officers in this country have is neither necessary
nor desirable. The Government is content with the Presidency's
suggestion that the Europol Management Board should be asked to
consider the modalities for Europol's participation in joint investigation
teams within the limits of the existing provisions of the Europol
Convention. The Management Board is well-placed to take account
of the relevant practical considerations as well as the resource
implications for Europol. The opinions of the Board would not
be binding and would not have to be acted on by the Council. The
Government also agrees that there is merit in considering this
matter in the context of the existing legal framework, taking
into account that the mutual legal assistance Convention, and
hence the provisions in the Convention on joint investigation
teams, are unlikely to come into effect in the very near future."
Conclusion
16.5 After the alarmist tone of the European
Voice report, we find the wording of the document itself,
and the Explanatory Memorandum, reassuring. Although we would
certainly wish to scrutinise any additional measures which the
Europol Management Board might identify as necessary, we consider
the draft Declaration itself unexceptionable. We clear the document.
18 European Voice, Volume
6 no.18, 4 - 10 May 2000, page 5. Back
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