EUROPOL'S ASSISTANCE TO JOINT INVESTIGATIVE
TEAMS CREATED BY THE MEMBER STATES
(21403)
9639/00
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Presidency proposal on Europol support for joint investigative teams, including a draft Council Recommendation to Member States in respect of Europol's assistance to joint investigative teams created by the Member States.
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| Legal base: |
Article 30(2)(a) EU; information; unanimity
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| Deposited in Parliament:
| 11 July 2000 |
| Department: |
Home Office |
| Basis of consideration:
| EM of 20 July 2000 |
| Previous Committee Report:
| None; but see (21240) 7370/00: HC 23-xx (1999-2000), paragraph 16 (7 June 2000)
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| To be discussed in Council:
| 28 September 2000 |
| Committee's assessment:
| Politically important |
| Committee's decision:
| Cleared; but further information requested
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Background
19.1 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." Since Tampere, a number of efforts
have been made to implement this recommendation.
19.2 In June, we cleared a draft Council
Declaration[39]
asking the Europol Management Board to consider how far Europol
could participate in joint investigative teams within the limits
of the existing provisions of the Europol Convention. This new
Presidency document apparently overtakes and replaces that Declaration.
The document
19.3 The document falls into two distinct
sections. The first sets out the arguments for implementing urgent
Tampere conclusions before embarking on a comprehensive study
of all the measures needed to implement the Treaty of Amsterdam,
which would include the time-consuming task of amending the Europol
Convention.
19.4 The second section of the document
contains the draft text of a Council Recommendation which asks
Member States to make full use, where possible, of Europol support
for joint investigative teams. The draft Recommendation identifies
the following ways in which Europol will provide support:
"— place Europol's knowledge of the
criminal world at the disposal of joint teams ...
"— help in co-ordinating operations
undertaken within the framework of a joint team ...
"— provide technical support within
the framework of a joint team ...
"— help with the analysis of offences
..."
19.5 The proposal will not place any legal
obligations on Member States.
The Government's view
19.6 The Minister of State at the Home Office
(Mrs Barbara Roche) comments:
"The Government is content, in principle, with
the content of [the proposal]. The Government considers that the
two stage approach as envisaged by the French Presidency is appropriate
taking into account the need to implement the Tampere conclusions
without delay and the protracted discussions which will need to
take place when amendment to the Europol Convention takes place.
"In addition the 1998 Vienna Action Plan[40]
calls for the formation of joint teams within two years as opposed
to the original five set out in the Treaty of Amsterdam.
"The Government is also content, in principle,
with the contents of the draft Recommendation subject to clarification
on several points, including:
"— the mechanism for transferring
information from Europol to Member States who are part of the
joint team and vice-versa taking into account the need to pass
information through the National Units;
"— what is meant by 'material support'
by Europol for the team. Further discussion is needed to ensure
that support provided by Europol falls within the terms of the
Convention.
"The United Kingdom already participates in
bi- and multi-lateral teams with other Member States and countries
outside ... the EU. The Government considers that Europol's participation
in such teams, bringing with it expertise in analysis, will reinforce
the effectiveness of these teams. Subject to these points the
Government will negotiate the draft Council Recommendation on
the basis that it is acceptable."
19.7 The Minister tells us that there are
no immediate financial implications. However, any joint teams
which are established may place extra demands on the Europol budget
to which the UK contributes 16.33%.
19.8 She also tells us that the French intend
the measure to be adopted during their Presidency, possibly as
early as the JHA Council meeting on 28 September.
Conclusion
19.9 We are not sure why the Government
is seeking clarification on the mechanism for transferring information
from Europol to Member States who are part of the joint team and
vice-versa. Is it concerned that the procedure will be unwieldy,
or insecure?
19.10 However, we welcome the Government's
probing the meaning of "material support" and its determination
that such support should fall within the terms of the Convention.
We ask to be informed of the final agreed definition.
19.11 Although we seek a response on
these two points, we are prepared to clear the document.
39 (21240) 7370/00; - see headnote to this paragraph. Back
40 (19542)
12028/98; see HC 34-i (1998-99), paragraph 8 (25 November 1998). Back
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