A4-0305/98

Resolution on the Annual Report of the Europol Drugs Unit for 1996 (C4-0682/97)

The European Parliament,

- 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 Convention) ((OJ C 316, 27.11.1995, p. 1.)),

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

- having regard to its resolutions of 22 January 1993 ((OJ C 42, 15.2.1993, p. 250.)) on the setting up of Europol, 19 May 1995 ((OJ C 151, 19.6.1995, p. 376.)) on the Europol Convention and 14 March 1996 ((OJ C 96, 1.4.1996, p. 288.)) on Europol,

- having regard to the joint actions of 10 March 1995 ((OJ L 62, 20.3.1995, p. 1.)) and 16 December 1996 ((OJ L 342, 31.12.1996, p. 4.)) concerning the Europol Drugs Unit,

- having regard to the decisions adopted by the Council of Ministers of Justice and Home Affairs at its meetings of 19 March 1998 and 28-29 May 1998,

- having regard to the Annual Report of the Europol Drugs Unit for 1996 (C4-0682/97),

- having delegated the power of decision to the Committee on Civil Liberties and Internal Affairs, pursuant to Rule 52 of the Rules of Procedure,

- having regard to the report of the Committee on Civil Liberties and Internal Affairs (A4-0305/98),

A. whereas, in democratic states governed by the rule of law, the fundamental freedoms of citizens are increasingly threatened by crime, notably crime organized on an international scale,

B. whereas at the same time the fundamental freedoms of citizens are under increasing attack as a result of the erosion of legal guarantees and the unfettered proliferation of data files containing information of a personal nature, whilst no binding laws have been put in place to protect privacy,

C. whereas organized crime operating at European level can be combated effectively by the European police forces acting jointly;

D. whereas the future activities of Europol and the current activities of the Europol Drugs Unit concern the principal aspects of the Union's activities referred to in Article K.6, second paragraph, of the Treaty on European Union and Article K.11 of the Treaty of Amsterdam,

E. persuaded that, in future, proper powers of investigation and the status of an operational body must be conferred on Europol within a clearly defined framework,

F. whereas, by ministerial agreement, the Europol Drugs Unit, as a forerunner to the European Police Office, has been operating since 3 January 1994,

G. whereas the terms of reference of the Europol Drugs Unit have already been extended twice,

H. whereas the entry into force of the Europol Convention and of the Treaty of Amsterdam are approaching,

1. Considers that the report of the Europol Drugs Unit for 1996 does not in itself amount to a document that can be put to the European Parliament for democratic scrutiny or even provide it with proper information;

2. Reiterates the requests formulated in its resolution of 14 March 1996 on Europol, notably those relating to the powers to be granted to the European Court of Justice to issue preliminary rulings on the protection of personal data, the protection of privacy and parliamentary scrutiny;

3. Urges the Council therefore to draft forthwith a protocol to the Europol Convention wherein the power of the European Court of Justice to issue preliminary rulings is recognised explicitly and effectual powers of scrutiny for the European Parliament and national parliaments are established;

4. Believes that in granting its employees immunity of the kind not enjoyed by any member of a police force in the Member States, the protocol on the privileges and immunities for Europol employees makes legal monitoring of the European Police Office extremely difficult, all the more so since the power to waive immunity for Europol employees rests solely with the director of Europol;

5. Calls on the Council to adopt the necessary measures enabling Europol to begin exercising its powers with regard to the fight against terrorism from 1 January 1999;

6. Calls on the Member States to suspend, at least in the short and medium term, the plans to extend Europol's mandate, and to give priority to the tasks which may be considered essential, such as exchanges of information and expertise, support for investigations and analysis and training in the areas of:

- illicit drug trafficking and illicit production of drugs (in connection also with the crime caused by these activities);

- clandestine immigration;

- illicit vehicle trafficking;

- money laundering;

- the fight against terrorism;

7. Invites the Member States and the bodies of the Europol Drugs Unit to emphasize, in their preparations for the entry into force of the Europol Convention, the new professionalism now demanded of the officers of all the forces responsible for enforcing the law and combating crime; calls, in this context, for adequate training measures to be conducted in the Member States, for improved knowledge of the Europol Drugs Unit and its objectives to be promoted, for new instruments and equipment matching the level to which crime has developed to be made available to the police forces in the Member States, and for criminological analysis to be refined;

8. Calls on the Member States, in a spirit of absolute loyalty, to abandon their attitudes of resistance to the transfer to Europol of operational tasks of police coordination, given that this transfer would be made in total compliance with the principle of subsidiarity and that the translation of the proposals put forward by Europol would be the responsibility of the national authorities;

9. Calls on the Member States and the bodies of the Europol Drugs Unit today, and Europol tomorrow, to pursue the goal of providing the European Parliament with full and detailed information; in this context, the principle of regular meetings between the governing body of Europol and the competent bodies of the European Parliament should be accepted;

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