EUROPOL'S ASSISTANCE TO JOINT INVESTIGATIVE
TEAMS CREATED BY MEMBER STATES
(21568)
9639/2/00
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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:
| 15 September 2000 |
Department: |
Home Office |
Basis of consideration:
| EM of 3 October 2000 |
Previous Committee Report:
| None, but see (21403) 9639/00; HC 23-xxvi (1999-2000), paragraph 19 (26 July 2000)
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To be discussed in Council:
| November 2000 |
Committee's assessment:
| Politically important |
Committee's decision:
| Cleared |
Background
27.1 We cleared an earlier version of this document[60]
in July, but asked the Minister of State at the Home Office (Mrs
Barbara Roche) for a response on two points. She has now deposited
a revised text with an Explanatory Memorandum which addresses
our queries.
The new text and the Government's views
27.2 The new text makes it clear that this Recommendation
is only the first step in the implementation of the relevant Tampere
Recommendation. It also makes more specific references to the
relevant provisions of the Europol Convention, and to the need
for Europol to work through the national units (NCIS[61]
in the UK).
27.3 The Minister points out that these references
provide the elucidation it sought on the mechanism for transferring
information from Europol to Member States which are part of the
joint team and vice-versa. It is now clear that information would
be passed through the national units of Member States in accordance
with the Europol Convention. We had asked about the nature of
the Government's concern.
27.4 The Minister also tells us that the reference
to Europol providing "material support" to the joint
team has been deleted from the text. We had welcomed the Government's
probing of the meaning of this phrase and had asked to be informed
of the final agreed definition.
Timetable
27.5 We understand that the UK is the only Member
State that still has a reserve on this document. It has already
been taken at an Agriculture Council where the scrutiny reserve
was maintained. However, the Presidency hopes to get it adopted
before the Justice and Home Affairs Council at the end of November.
Conclusion
27.6 We thank the Minister for her response.
Our concern, like hers, had been that the measure might extend
the role of Europol. We are therefore pleased that the new text
makes the appropriate references to the Europol Convention, and
that the phrase "material support" has been deleted.
27.7 We clear the revised version of the document.
60 (21403) 9639/00; see headnotes to this paragraph. Back
61 National
Criminal Intelligence Service. Back
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