Select Committee on European Scrutiny Thirty-Sixth Report


17 Agreement between Europol and Colombia

(24504)

——

Draft agreement between the Republic of Colombia and the European Police Office

Legal baseArticles 10, 18 and 42 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 bodies; information; unanimity
DepartmentHome Office
Basis of considerationEM of 23 May 2003 and Minister's letter of 24 October 2003
Previous Committee ReportHC 63-xxxii (2002-03), paragraph 14 (17 September 2003)
To be discussed in Council6 November 2003
Committee's assessmentPolitically important
Committee's decisionCleared

Background

17.1 The Council Decision of 27 March 2000 authorised the Director of Europol to begin negotiations with certain third states, including Colombia, and non-EU bodies. The document was cleared by the previous Committee in October 1999[37].

The document

17.2 The document defines the areas of criminality to which the agreement applies and makes provision for the nomination of competent authorities in Colombia and Europol, confidentiality, liaison officer arrangements, and the amendment and termination of the agreement.

The Government's view

17.3 In his Explanatory Memorandum, 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 EU Members. Colombia plays a significant role, particularly in respect of drug trafficking.

17.4 The Minister's understanding was that amendments to agreements with third states would require new unanimous approval from the Council. But the drafting of Article 11 was not clear on this point and so the Government would be seeking clarification from Europol.

Previous scrutiny of the document

17.5 When we considered the document on 17 September, we were not happy with the drafting of Article 11. We decided, therefore, to keep the document under scrutiny until we heard from the Government about the clarification it was seeking.[38]

The Minister's letter

17.6 In her letter of 24 October 2003, the Parliamentary Under-Secretary of State at the Home Office (Caroline Flint) informed us that the Government had succeeded in obtaining a satisfactory redraft of Article 11. It now states that "Europol may only give its consent to amendments after unanimous approval by the Council of the European Union". The Government is, therefore, content with the text of the agreement and would support its approval by the Council when the document is cleared from scrutiny.

Conclusion

17.7 We, too, are satisfied with the redraft of Article 11 and with the rest of the text. Accordingly, we clear the document.


37   (20546) -; see HC 34-xxix (1998-99), paragraph 13 (27 October 1999). Back

38   See headnote. Back


 
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Prepared 18 November 2003