11 Cooperation between Malta and Europol
| (25008)
File No.
3710-126
| Draft Agreement on cooperation between Malta and the European Police Office.
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| Legal base | Articles 10(4), 18 and 42(2) Europol Convention and the Council Decision of 27 March 2000 authorising the Director of Europol to enter negotiations on agreements with certain third states and non-EU bodies; information ; unanimity
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| Deposited in Parliament | 10 November 2003
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| Department | Home Office |
| Basis of consideration | EM of 19 November 2003
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| Previous Committee Report | None
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| To be discussed in Council | No date 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
11.1 This is the latest of a number of Agreements between Europol
and third states which we have scrutinised. They have a common
purpose: to authorise cooperation between the third state and
Europol in order to prevent and combat organised cross-border
crime affecting the Member States of the EU.
The document
11.2 The proposed Agreement would apply to all the areas of crime
within Europol's mandate, including unlawful drug trafficking,
smuggling of illegal immigrants, trade in human beings, motor
vehicle crime, forgery and money laundering. Malta and Europol
would be authorised to exchange not only relevant operational
information but also specialist knowledge, organised crime situation
reports and information on best practice. The document specifies
the purposes for which information may be exchanged, together
with the conditions for access to data and confidentiality requirements.
Provision is also made for the exchange of liaison officers.
The Government's view
11.3 In her Explanatory Memorandum of 19 November 2003, the Parliamentary
Under-Secretary of State at the Home Office (Caroline Flint) tells
us that the Government considers it important that Malta (and
the other accession States) are able to cooperate with Europol
as soon as possible. When a country joins the EU, it does not
automatically become a member of Europol: it has to accede to
the Europol Convention separately. That is why this cooperation
Agreement is necessary in the short term.
11.4 The Minister says that the Government supports
the proposal and is content with its provisions. She adds that
the Europol Joint Supervisory Body (JSB) has been asked for its
opinion on the data protection provisions. The Europol Management
Board will await the JSB's opinion before it presents the final
text of the draft Agreement to the Justice and Home Affairs Council
for adoption.
Conclusion
11.5 We recognise the importance of cooperation
between Malta and Europol to help prevent and combat organised
cross-border crime. But, because we wish to be sure that the Agreement
makes proper provision for data protection, we shall keep the
document under scrutiny until we have seen the Joint Supervisory
Body's opinion.
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