Supplementary evidence by Europol
The following supplementary evidence has been
received from Europol to clarify the Director's oral evidence
on the monitoring of security at Europol (Q 168).
BACKGROUND ON
THE STATUS
OF THE
SECURITY COORDINATOR
IN RELATION
TO THE
DIRECTOR OF
EUROPOL
Even though Article 6 Security Manual as well
as Article 4.1 Rules on Confidentiality state that the Security
Coordinator shall have general responsibility for all issues relating
to security, this does not entail an exclusive responsibility
of the Security Coordinator for security related matters. It does,
furthermore, not mean that the Security Coordinator would generally
act independently from the Director in the performance of his
or her duties.
In fact, Article 4.2 stipulates the Security
Coordinator shall be directly answerable to the Director of Europol
which implies that the overall responsibility for security related
matters remains with the Director. This is also in line with Article
29.3 (1) and (2) Europol Convention stipulating the Director's
responsibility—inter alia—for the performance of the
tasks assigned to Europol and the day-to-day administration.
Article 1(d) Rules of Confidentiality defining
the role of the Security Coordinator confirms this finding: "Europol
Security Coordinator" means the Deputy Director to whom the
Director of Europol—in pursuance of Article 29.2 Europol
Convention—assigns, alongside his other tasks, the function
of coordination and control in matters of security. Article 29.2
Europol Convention codifies the Director shall be assisted by
a number of Deputy Directors. An assignment in pursuance of Art.
29.2 Europol Convention can thus not lead to a complete shift
of responsibilities.
However, the Security Coordinator is independent
from the Director's governance and tasking whenever he acts in
his or her function as chair of the Security Committee. The Chairmanship
of the Security Committee is regulated in Art 3.3 Rules on Confidentiality.
It lies with the Security Coordinator. Even though his or her
independence is not explicitly mentioned, it derives from the
setup and the tasks of the Security Committee. Pursuant to Art
3.1 Rules on Confidentiality the Security Committee shall consist
of representatives of the Member States and of Europol. Its task
is to advise the Management Board and the Director of Europol
on issues relating to security policy including the application
of the Security Manual. The Security Committee can thus be considered
as a sub-committee of the Management Board.
The Management Board has—among other things—the
task to oversee the proper performance of the Director's duties,
see Article 28.1(12) Europol Convention. It can be described as
the main governing body of Europol (below Council level). It is
thus self-evident that the chairman of a sub-committee of the
Management Board acts independently from the Director of Europol.
In addition, it should be noted that three ordinary
meetings of the Security Committee are organised during the year
(beyond the legal obligation of one meeting per year) that can
also be supplemented by extraordinary meetings as necessary (on
average up to three meetings a year also).
Against this backdrop, the answer provided by
the Director to question 168 demonstrates an acknowledgement of
the independence of the Security Coordinator in his or her function
as chair of the Security Committee. However, it might raise doubts
on the awareness of the limits of that independence and—more
important—on awareness that the overall responsibility in
security related matters remains with the Director. The information
provided by the Director on 24 June 2008 should thus be clarified
taking into account the above.
3 September 2008
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