Third countries
193. Europol has two classes of agreements with
third countries. In the first category are those countries where
the Council has given its approval to the transfer to that country
of classified information and personal data, because it is satisfied
that the country has adequate arrangements for handling and protecting
such data.[71] In this
category there are organisational agreements with Australia, Canada,
Croatia, Iceland, Norway, Switzerland and the United States. Australia,
Iceland, Norway and Switzerland have liaison officers stationed
at Europol, and there is one from each of the US Secret Service,
the US Department of Justice (Drug Enforcement Administration),
the US Postal Inspection Service, and the FBI.
194. In the second category there are strategic
agreements, which do not allow the transfer of data, with Albania,
Bosnia and Herzegovina, Colombia, Moldova, the Russian Federation
and Turkey. Of these, only Colombia has liaison officers stationed
at Europol, but this is a fruitful partnership.
BOX 11
Operation Euro Tree[72]
Europol successfully supported the Spanish and Colombian authorities and the US Secret Service in a joint police action against a Colombian criminal network producing and distributing counterfeit euros and US$ Dollars. In the final stage 10 house searches took place simultaneously in Bogotá. Specialists from Europol's forgery of money unit provided analytical and technical support to the investigators from the beginning of the operation. Nine persons were arrested and the following amounts of counterfeit currency were seized (face value):
- 400,000 counterfeit euro (50 and 100 denomination)
- 1 million counterfeit US$ (20 and 100 denomination)
- 4.4 million counterfeit US$ in preparation
- 550 million counterfeit Colombian Pesos
- 63 million Venezuelan Bolivar (to be used as raw material)
- 533 Colombian lottery tickets.
All technical equipment required for the production of the counterfeit notes was seized. This was the largest criminal organisation involved in the production and trafficking of counterfeit US$, euros, and Colombian pesos. During this eight month investigation the different techniques used by the counterfeiters were identified, as well as the routes used to distribute in Europe, the United States, Panama, Costa Rica, Venezuela and Ecuador.
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195. In August this year there was another spectacular operation
in Bogotá, when as a result of cooperation between Spain
and Colombia, organised by Europol, counterfeit Euro notes to
a record value of €11 million were seized. The equipment
used to make the notes was also seized, and arrests made.[73]
196. There was a divergence of views between
the Home Office and SOCA on the value of these agreements. Mr Storr
said: "As far as wider partnerships are concerned, we are
fully behind Europol's efforts to establish working relationships
with third countries outside the European Union, with European
and other bodies involved in law enforcement. We think that partnership
approach is very much the way to go."(Q 20)
197. SOCA pointed out the limitations following
from the data protection requirements. It did not challenge the
need for these, but complained that "many of these agreements
are restricted to 'strategic' matters only and have delivered
little by way of tangible benefits. The experience suggests Europol
should spend less time pursuing such external agreements and focus
on delivering its goals within the EU."(p 25) In oral
evidence Mr Wainwright told us that the amount of legal and
political effort needed to get such strategic agreements signed
was such that very often the dividend that followed was not great;
"the cooperation agreements that Europol has with Russia,
for example, and other countries is limited to the exchange of
strategic information only, threat assessment papers and so on,
which sometimes is helpful but has a natural limit in terms of
how useful it can be."(Q 93)
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