14. Agreement between Europol and Colombia
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| Draft Agreement between the Republic of Colombia and the European Police Office.
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| Legal base | Articles 42,10 and 18 of the Europol Convention and the Council Decision of 27 March 2000 authorising the Director of Europol to enter into negotiations on agreements with certain third states and non-EU related bodies; information; unanimity
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| Document originated | 29 April 2003
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| Deposited in Parliament | 13 May 2003
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| Department | Home Office |
| Basis of consideration | EM of 23 May 2003
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| Previous Committee Report | None
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| To be discussed in Council | Date not set
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| Committee's assessment | Politically important
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| Committee's decision | Not cleared; further information requested
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Background
14.1 The Council Decision of 27 March 2000 authorising the Director
of Europol to begin negotiations with third states and non-EU
bodies was cleared by the previous Committee in October 1999.[22]
The Republic of Colombia was one of the countries listed in that
document.
The document
14.2 The draft agreement states that it "does not authorise
the transmission of data related to an identified individual or
identifiable individuals".
14.3 In other respects, the draft agreement is similar
to others that we have seen previously. It provides for the areas
of criminality to be covered, the nomination of competent authorities
and a central contact point, confidentiality, the stationing of
liaison officers representing Colombia at Europol and amendments
to the agreement.
The Government's view
14.4 The then Parliamentary Under-Secretary of State
at the Home Office (Mr Bob Ainsworth) told us that the agreement
is important in the fight against serious forms of organised cross-border
crime impacting on the EU Member States. Colombia plays a significant
role, particularly in respect of drug trafficking. He emphasised
that the agreement specifically excludes the exchange of personal
data, since Colombia does not currently have in force the data
protection legislation which is necessary for the negotiation
of an agreement to exchange personal data.
14.5 The former Minister told us that the Government
is satisfied that the provision specifying the areas of criminality
that will apply will prevent the exchange of information outside
Europol's remit.
14.6 The Government's understanding is that amendments
to agreements with third states would require new unanimous approval
from the Council. Article 11, which deals with amendments, is
unhelpful in this respect and the UK will be seeking clarification
from Europol.
Conclusion
14.7 We note that this agreement specifically
excludes the exchange of personal data. There is therefore no
need for an opinion from the Joint Supervisory Body which monitors
the activities of Europol in relation to data protection issues.
14.8 However, we are not happy with Article 11.
As drafted, it does not make it clear that amendments to agreements
with third states would require new unanimous approval from the
Council, and hence would be subject to parliamentary scrutiny.
We understand that a working group is to be convened to discuss
Europol's external relations. It should provide a good opportunity
to raise this matter among other concerns about the handling of
third country agreements (including inconsistent drafting). We
welcome this initiative.
14.9 We will keep the document under scrutiny
until we hear further from the Government about the clarification
of Article 11 which it is seeking.
22 (20546) -; see HC 34-xxix (1998-99), paragraph
13 (27 October 1999). Back
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