A4-0061/96

Resolution on Europol

The European Parliament,

- having regard to Article K.1(9), Article K.3(2) and Article K.6, second paragraph, of the Treaty on European Union,

- having regard to the Declaration on police cooperation annexed to the Final Act of the Treaty on European Union,

- having regard to its resolution of 22 January 1993 on the setting up of Europol ((OJ C 42, 15.2.1993, p. 250. )),

- having regard to the joint action of 10 March 1995 adopted by the Council on the basis of Article K.3 of the Treaty on European Union concerning the Europol Drugs Unit ((OJ L 62, 20.3.1995, p. 1.)),

- having regard to the report on the activities of the Europol Drugs Unit for 1994 (C4-0094/95),

- having regard to its resolution of 11 February 1994 on criminal activities in Europe ((OJ C 61, 28.2.1994, p. 235.)),

- having regard to the communication from the Commission to the Council and the European Parliament on the illicit traffic in radioactive substances and nuclear materials (COM(94)0383),

- having regard to its resolution of 20 January 1994 on participation by the European Parliament in international agreements by the Member States and the Union on cooperation in the fields of justice and home affairs ((OJ C 44, 14.2.1994, p. 180.)),

- having regard to its resolution of 19 May 1995 on the Europol Convention ((OJ C 151, 19.6.1995, p. 376.)),

- having regard to the Council Act of 26 July 1995 drawing up the Convention, based on Article K.3 of the Treaty on European Union, on the establishment of a European Police Office (Europol Agreement) ((OJ C 316, 27.11.1995, p. 1.)),

- having regard to the report of the Committee on Civil Liberties and Internal Affairs and the opinions of the Committee on Economic and Monetary Affairs and Industrial Policy, the Committee on Legal Affairs and Citizens' Rights and the Committee on Budgetary Control (A4-0335/95),

- having regard to the second report of the Committee on Civil Liberties and Internal Affairs and the opinions of the Committee on Economic and Monetary Affairs and Industrial Policy, the Committee on Legal Affairs and Citizens' Rights and the Committee on Budgetary Control (A4-0061/96),

A. whereas basic civil liberties in democracies are increasingly threatened by crime,

B. whereas organised crime on an international scale is something new and threatening and whereas a new approach to fighting it is required,

C. whereas nowadays criminal forms of profit-making economic activity which mirror legal forms are organized across frontiers, using modern technologies and management methods,

D. whereas blackmail, corruption and terror may undermine the normal administrative action of the state and hence the democratic decision-making process which characterizes the constitutional state,

E. whereas one of the effective ways of fighting organized crime operating Europe-wide is through European police forces acting together throughout Europe,

F. convinced that the agreement of the Member States on the Europol Convention is a necessary albeit insufficient step towards fighting organised crime operating Europe-wide and other serious forms of international crime,

G. regretting the fact that work on the Europol Convention cost an unwarranted amount of time and effort, during which other important forms of international police cooperation among the Member States were not appropriately pursued and the national governments thus failed in their duties towards their citizens,

H. whereas in the interests of the effectiveness and efficiency of Europol the competence specified in Article 2 of the Europol Convention should not be extended, for the time being, to include the crimes listed in the annex referred to in Article 2, but rather, after completion of an appropriate initial phase, their transferability should be considered and, if appropriate, decided upon,

I. convinced that the data protection rules in relation to the processing of personal data in datafiles pursuant to the Council of Europe Agreement of 28 January 1991 and Recommendation No. R (85) 15 of the Committee of Ministers of the Council of Europe of 17 September 1987 represent significant progress towards guaranteeing the right of self-determination in respect of information, and in the expectation that the Member States and Europol will apply the data protection rules of the Europol Convention mutatis mutandis to the processing and utilization of data in files,

J. whereas fundamental rights and freedoms could be seriously at risk from inadequate data protection, and in the expectation that data protection rules (both for databases and files) will be set up prior to the entry into force of the Convention with a view to guaranteeing the right of self- determination in respect of information and that any amendments to the Convention that are needed as a result of future European data protection standards will be made,

K. convinced that the Europol Convention is one of the 'principal aspects of activities' within the meaning of Article K.6, second paragraph, of the Treaty on European Union,

L. whereas, therefore, the Presidency should 'consult the European Parliament' on the Europol Convention and 'ensure that the views of the European Parliament are duly taken into consideration', pursuant to Article K.6, second paragraph, of the Treaty on European Union,

M. whereas the right to be consulted, as enshrined in Article K.6, second paragraph, of the Treaty on European Union, must be respected before a decision is taken on the matter requiring consultation,

N. convinced as a matter of inescapable logic that only if Parliament is consulted before a decision is taken can its views be duly taken into consideration,

O. whereas, in accordance with the Treaty on European Union, the European Parliament should have been consulted on the Europol Convention before the final Council decision; whereas the failure to do so contravenes the Treaty,

P. convinced that there is a need for an interinstitutional agreement to be concluded between the Council and the European Parliament in order to ensure effective implementation of the provisions of Article K.6,

Q. convinced that crime operating on a cross-border basis should be opposed by, inter alia, a European police force,

R. convinced that Europol should therefore, at a later date, be given closely defined independent powers of investigation,

S. convinced that provisional legal protection against acts of Europol should properly be the task of the Court of Justice of the European Communities,

T. convinced that the exercise of the sovereignty of states is more likely to be diminished by the increase in organised crime than by the cooperation of the national police authorities of the Member States in a European Police Office,

U. convinced that the information acquired through data-processing pursuant to the Europol Convention will lead to a degree of investigatory independence, for the parliamentary control of which the European Parliament must be given powers of supervision alongside and complementary to those of the Member States' parliaments, and convinced that control over the present activity of the Europol Drugs Unit should involve not only the parliaments of the Member States but also the European Parliament,

V. concerned that the intensity of preparatory measures and investment to build up the Europol Drugs Unit in preparation for its possible later operation as Europol could create material constraints and undermine Member States' freedom to review the Europol Convention during the ratification procedure,

1. Calls on the parliaments of the Member States

- not to embark upon ratification of the Europol Convention until powers to give preliminary rulings have been conferred upon the European Court of Justice,

- to ensure that Europol is able to start work as soon as possible;

2. Expects, in accordance with the conclusions of the European Council of Cannes, an agreement to be reached no later than the meeting of the European Council in June 1996 on the powers of the Court of Justice of the European Communities regarding requests for preliminary rulings in the event of a legal dispute between a citizen and Europol;

3. Considers that the ratification procedures in the Member States must be completed before the Council carries out any further work on the implementing provisions pursuant to Article 45(4) of the Europol Convention, which should be deferred until that time;

4. Regards appropriate rules on the processing by Europol of personal data as a necessary component of the ratification procedure and calls on each Member State to take immediate action to include in its national legislation on the processing of personal data in datafiles the measures required to guarantee the data protection standard set out in the Europol Convention; political affiliation, religious persuasion, race, sexual behaviour or any similar personal data or equivalent information may not be registered in Europol's records; expresses, therefore, its total opposition to the contents of a proposal from the Presidency of the Council seeking to record this sort of information and calls on the Council to withdraw its proposal;

5. Calls for substantial improvements in the protection of personal data, and in particular for an extension of the right of individuals to be informed of and to check data concerning them, and for the data protection standards applicable to automated datafiles to be applied as appropriate to the production, use and deletion of data in files;

6. Calls for provision to be made for courts and lawyers to check those data which Europol produces itself in its analytical work;

7. Calls for the time at which data are to be deleted pursuant to Article 8(5) of the Europol Convention to be determined more precisely;

8. Calls on the Council to ensure that the actions of Europol are also subject to investigation by the European Ombudsman;

9. Calls on the Council to consult the European Parliament on the following matters pursuant to Article K.6, second paragraph, of the Treaty on European Union and to give due consideration to its views:

- the decision to instruct Europol to deal with terrorist activities pursuant to Article 2(2), second subparagraph, of the Europol Convention before the expiry of the period specified therein;

- the decision to instruct Europol to deal with other forms of crime listed in the annex to the Europol Convention;

- the implementing rules for data files pursuant to Article 10(1), third subparagraph, of the Europol Convention;

- the rules to be observed by Europol pursuant to Article 10(4), last sentence, of the Europol Convention;

- the general rules for the communication of personal data by Europol pursuant to Article 18(2) of the Europol Convention;

- the activity reports of the joint supervisory body pursuant to Article 24(6) of the Europol Convention,

- the rules concerning the agreements to be concluded by Europol pursuant to Article 26(3) of the Europol Convention;

- any decision by the Council on the dismissal of the Director and the Deputy Directors pursuant to Article 29(6) of the Europol Convention;

- the staff regulations pursuant to Article 30(3) of the Europol Convention;

- the rules on confidentiality pursuant to Article 31(1) of the Europol Convention;

- the budget pursuant to Article 35(5) of the Europol Convention;

- the financial regulation pursuant to Article 35(9) of the Europol Convention;

- the audit report pursuant to Article 36(3) of the Europol Convention;

- the decision on the discharge pursuant to Article 36(5) of the Europol Convention;

- disputes between Member States on the interpretation or application of the Convention pursuant to Article 40(1) of the Europol Convention;

- the protocol on privileges and immunities pursuant to Article 41 of the Europol Convention;

- amendments to the Convention pursuant to Article 43(1) of the Europol Convention;

- a decision on the definitions of forms of crime contained in the Annex pursuant to Article 43(3) of the Europol Convention;

10. Calls on the Council to submit to the European Parliament, pursuant to Article K.6, second paragraph, of the Treaty on European Union, the reports to be submitted by the Management Board pursuant to Article 28(10) of the Europol Convention;

11. Calls for the European Parliament to be consulted - provided all Member States have ratified the Europol Convention - on the appointment of the Director and the Deputy Directors, pursuant to Article 29 of the Europol Convention, and for its views to be duly taken into consideration;

12. Provided all Member States have ratified the Europol Convention, calls for the special report, which is to be submitted to the European Parliament pursuant to Article 34(1) of the Europol Convention, to be presented by the Director and to reflect not only the current work of Europol but also the activities and decisions of all its bodies;

13. Expects to be informed - provided all Member States have ratified the Europol Convention - not only of the special report pursuant to Article 34 of the Europol Convention but also of the activities of Europol pursuant to Article K.6, second paragraph of the Treaty on European Union and to be consulted at all times on the principal aspects of Europol's activities;

14. Calls for the words 'and its opinions shall be duly taken into account' to be inserted in Article 34(1), second sentence, of the Europol Convention;

15. Calls for the Europol Convention to be reviewed at a later date with a view to examining the transfer to Europol of investigatory powers within the scope of its competences pursuant to Article 2 of the Europol Convention and in accordance with national provisions on the law of criminal procedure;

calls furthermore for operational powers to be given to Europol only if it is subject to the instructions of the European Commission and with such a European Police Office being made accountable to the European Parliament as well as to the national parliaments;

insists that the abovementioned revision should not take place before the power for the Court of Justice of the European Communities to give preliminary rulings is guaranteed;

16. Calls on the Council to ensure that, if the Europol Convention is ratified and Europol becomes fully operational, control over it is ensured and developed by the European Parliament and by national parliaments;

17. Instructs its President to forward this resolution to the Council, the Commission and the governments and parliaments of the Member States.