Select Committee on European Scrutiny Twenty-Fifth Report


THE PROVISIONAL ESTABLISHMENT OF THE EUROPEAN POLICE COLLEGE (EPC)


(21381)

9679/00


Portuguese Presidential proposal for a Council Decision on the provisional establishment of the European Police College (EPC).
Legal base: Articles 30(1)(c) and 34(2)(c) EU; consultation; unanimity
Forwarded to the Council: 27 June 2000
Deposited in Parliament: 30 June 2000
Department: Home Office
Basis of consideration: EM of 13 July 2000
Previous Committee Report: None
To be discussed in Council: December 2000
Committee's assessment: Politically important
Committee's decision: Not cleared; further information requested

Background

  4.1  In October 1999, the Tampere European Council agreed to the establishment of a European Police College (EPC) for the training of senior law enforcement officials. It was also agreed that the EPC should initially operate as a network of the existing national institutes, but that the possibility of a permanent institution at a later stage should be left open.

  4.2  The UK, France and Italy have all expressed interest in hosting the EPC secretariat.

The document

  4.3  This draft Decision has been drawn up by the Portuguese Presidency, following a study by the General Secretariat of the Council on which Member State experts were consulted.

  4.4  It sets out the aim of the network and the kind of actions it may undertake. (These include specialist training to combat organised crime, and the provision of training for police authorities from applicant countries.) It also outlines the proposed organisational structure. This involves Member States in either setting up special units within their national police institutes, or designating national representatives of the College. The Directors of the national institutes will form the governing board of the College which will be chaired by an institute Director from the Member State holding the Council Presidency.

  4.5  The draft Decision requires the governing board to submit a report to the Council — at the latest during the third year after the measure's entry into force — on how the College should develop, in particular at institutional level.

The Government's view

  4.6  The Minister of State at the Home Office (Mrs Barbara Roche) tells us:

"The Government has strongly supported the establishment of such a Network, and has contributed fully to the discussions...

"The Government is seeking the acceptance of the Decision as a Draft, subject to further discussion on the details therein. Once the document is agreed as a Draft, the UK will push for a number of minor amendments. These are as follows:

"Article 2(a) refers to the Network delivering annual training sessions. The UK is seeking further discussion around the word 'annual', as it may restrict flexibility for course design at this early stage of development.

"Article 2(i) refers to a virtual EPCN [European Police College Network]. This is a new addition since the paper ... which originally set out the draft proposals. The UK does not oppose the inclusion of this measure but would welcome further discussion on its content.

"Article 2(g) only provides for training and consultation with law enforcement officials who are within EU or Accession Countries. While agreeing that the focus of the EPCN must be on Europe, the UK would like consideration to be given to the inclusion of other foreign countries within this provision (as in [the original paper]) to allow flexibility for the EPCN to learn from good practice in other law enforcement agencies globally.

"Article 4. The UK would prefer the presidency of the Governing Board not to be held by a representative from the Member State holding the Presidency of the Council of the EU at that time. This would lead to frequent changes of presidency and could lead to an inconsistency in the management of the EPCN. The UK would prefer the president to be elected for a 2 year term by the members of the Governing Board.

"Article 8 (1). The UK is concerned that annual contribution by Member State calculated on GDP may mean the UK contributes a higher sum (relative to other Member States) than the benefits it would receive. The UK is considering its position on this issue."

  4.7  In relation to the financial implications of the proposal, the Minister says that no projections about the level of the costs incurred by the network are yet available. It is proposed that they should be borne by the Community according to Article 41 TEU.

  4.8  She also informs us that the UK has offered to meet the costs of the secretariat if its bid to host it succeeds. The costs are estimated at £150,000 a year and would be met from Home Office funds. Bramshill is the preferred location.

  4.9  The Minister tells us about the views of European organisations. ELEC (European Law Enforcement Co-operation) supports the establishment of the Network subject to final agreement of its functions and its relationship with ELEC; the Association of European Police Colleges (AEPC) is supportive of the proposals and will review its rôle in light of the new body. The Scottish Police College supports the UK bid to host the secretariat at Bramshill.

  4.10  The timetable outlined by the Minister indicates that adoption of the Decision will be sought at the JHA Council in December 2000, with the first meeting of the governing board of the EPCN scheduled for February 2001.

Conclusion

  4.11  We are pleased to see that progress is being made on this matter. We do not, however, understand what is meant by the sentence: "the Government is seeking the acceptance of the Decision as a Draft, subject to further discussion on the details therein." From whom is the Government seeking this acceptance — from us, from the French Presidency, or from the Council — and at what stage of the timetable? The vagueness of the statement makes us unwilling to clear the document in case there is any danger of its being agreed in Council before we know the outcome of negotiations on the Government's amendments.

  4.12  If the French Presidency issues a second draft of the Decision in the autumn (as indicated in the timetable), we will be content for the statement to be clarified in the new Explanatory Memorandum provided by the Government. If there is any doubt about there being a new document, however, an earlier response would be appropriate.

  4.13  Meanwhile, we do not clear the document.


 
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