8. EUROPOL AND THE FIGHT AGAINST TERRORISM
(23760)
11702/02
COM(02) 439
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Draft Council Decision on the financing of certain activities carried out by Europol in connection with cooperation in the fight against terrorism.
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| Legal base: | Article 30(2)(a) and (b), Article 34(2)(c) EU; consultation; unanimity
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| Document originated: | 31 July 2002
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| Deposited in Parliament: | 10 September 2002
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| Department: | Home Office
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| Basis of consideration: | Minister's letter of 3 December 2002
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| Previous Committee Report: | None
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| To be discussed in Council: | 20 December 2002
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| Committee's assessment: | Legally and politically important
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| Committee's decision: | Not cleared; information on progress requested
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Background
8.1 The Europol Convention of 1995[40]
provides for the establishment of a European Police Office (Europol)
situated in the Hague. The objective of Europol is to improve
cooperation between the competent authorities of Member States
in combating terrorism, drug trafficking and other serious forms
of international crime affecting two or more Member States. By
virtue of Article 35(2) of the Europol Convention, the budget
of Europol is to be financed from contributions from Member States
and from 'other incidental income'.
8.2 Article B5-822 of the European Union budget for 2002[41]
contains a provision of €5 million set aside by the European
Parliament for the purpose of providing Europol 'with the necessary
resources to step up and coordinate Member State action to combat
terrorism'. The draft Council Decision proposed by the Commission
would create a legal base to permit the use of funds allocated
to Europol under the European Union budget for 2002.[42]
It would also cause expenditure under it to be considered as operational
expenditure for the purposes of Article 41(3) EU[43]
and would require Europol to submit a quarterly progress report
to the Commission on the activities referred to in the Annex and
an annual 'detailed report' to the Commission on all activities
carried out on the basis of the Decision.
8.3 We noted that the Commission's proposals, although
said to be based on proposals by Europol, had neither been discussed
nor confirmed by the Europol Management Board. We found this astonishing.
We asked the Minister if he shared our concern that the proposal
would have the effect of distorting Europol's priorities and that
it appeared to be designed, not to improve the functioning of
Europol, but to make that body subordinate to the Commission.
The Minister's reply
8.4 In his letter of 3 December 2002 the Parliamentary
Under-Secretary of State at the Home Office (Mr Bob Ainsworth)
replies that he shares our surprise that the European Commission
should have made proposals on funding certain aspect of Europol's
counter-terrorism work without first consulting the Europol Management
Board.
8.5 On the question of Europol reporting to the Commission,
the Minister comments as follows:
"The Government considers that Europol should work to a set
of priorities agreed by the Justice and Home Affairs Council,
which have been discussed by the Europol Management Board and
are the result of objective consideration by law enforcement practitioners
guided by relevant threat assessments. Europol should report on
these priorities to one body only : the Management Board. We would
not wish Europol to be accountable to two different bodies.
"We see no justification for imposing duties on Europol to
report to the Commission on its operations. As you know, Europol
is funded intergovernmentally and should it require additional
funding, then such requests should be addressed to the Member
States through the Management Board. Under the present funding
arrangements, there is no justification for Europol to report
to the Commission."
8.6 The Minister adds that the proposals remain under
discussion and will next be considered at official level on 5
and 6 December. The Minister also undertakes to keep us informed
of progress.
Conclusion
8.7 We thank the Minister for his letter. We strongly
support the points the Minister is making, and we look forward
to being informed of the progress of negotiation on this unnecessary
proposal. We shall hold the document under scrutiny in the meantime.
40 OJ
No C 316, 27.11.1995 p.2. Back
41 OJ
No L29, 31.01.2002, p.1046. Back
42 This
funding remains in Chapter BO-40 (provisions) until a basic instrument
to cover the financing of Europol's activities from the European
Union budget is agreed. Back
43 Article
41(3)EU provides that operational expenditure shall be charged
to the budget of the European Communities, except where the Council
acting unanimously decides otherwise. Back
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