Letter from the Chairman of the Select
Committee Lord Grenfell to the Rt Hon Tony McNulty, MP Minister
of State, Home Office, 9 July 2008
(DOCUMENT 10082/08)—Proposal for a
Council Regulation amending Regulation (Euratom, ECSC, EEC) No
549/69 determining the categories of officials and other servants
of the European Communities to whom the provisions of Article
12, the second paragraph of Article 13 and Article 14 of the Protocol
on the Privileges and Immunities of the Communities apply
Sub-Committee F (Home Affairs) of the European
Union Select Committee considered this document at a meeting on
9 July 2008.
Like you, we could not see why Europol officials
participating in joint investigation teams should enjoy an immunity
from criminal (and civil) proceedings not enjoyed by police officers
in those teams. We believe this derogation from the Protocol on
Privileges and Immunities is a satisfactory outcome.
We note that the main Council Decision establishing
Europol, and presumably also this Regulation, are likely to be
adopted in October or November. As you know, the Decision is being
kept under scrutiny pending the conclusion of the Committee's
inquiry into Europol, but in reliance on paragraph 3(b) of the
House of Lords Scrutiny Reserve we were content that the you should
give your agreement to the proposal at the April Council, and
we are content that you should agree to its adoption. We will
similarly keep this draft Regulation under scrutiny, since it
is part of the same package, but again are content that you should
agree to its adoption.
9 July 2008
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