WRITTEN QUESTION E-2684/98

by Gerhard Hager (NI) to the Commission

(1 September 1998)

Subject: Entry into force of the Europol Convention

Once it has commenced operations, Europol is expected to give a substantial fillip to the suppression of organised crime in particular. It is to play a central role in fighting cross-border crime. However, numerous questions have still to be answered before the Convention enters into force.

1. When is the Convention likely to enter into force?

2. When will the Europol organs finally be set up and able to start work?

3. What steps have been taken to date to meet the obligations to adopt the implementing measures referred to in Article 45(4) of the Europol Convention, and within what time-frame will further action be undertaken?

Answer given by Mrs Gradin on behalf of the Commission

(30 September 1998)

1. The Europol Convention is to enter into force on the first day of the month following the expiry of a three-month period after the last instrument of ratification is deposited (Article 45(3)). The last instrument of ratification was deposited by Belgium in June. The Convention will accordingly enter into force on 1 October 1998.

2. Europol's organs are the management board, the director, the financial controller and the financial committee (Article 27). By a decision of the Council (Justice and Home Affairs Ministers) of December 1997, the previous coordinators for the Europol drugs unit will continue to exercise their functions for a maximum of six months after the Convention enters into force, during which period they will be designated as director or deputy director ad interim of Europol. It can therefore be assumed that a director will be appointed by the end of March 1999. By point 17 of Article 28(1), the financial controller is to be appointed by the management board. By Article 35(8) the financial committee is to be composed of one budgetary representative from each Member State. These representatives are expected to be designated shortly.

3. Europol shall not take up its activities until the last of the following instruments enters into force Article 45(4)):

- rights and obligations of liaison officers - Article 5(7); implementing rules for data files - Article 10(1); staff Regulations - Article 30(3)); rules on confidentiality - Article 31(1); and financial regulation - Article 35(9)). These instruments have been "on ice" in the Council pending entry into force of the Convention but now require no more than formal adoption;

- protocol on the privileges and immunities of Europol, its organs and its staff (Article 41(1)). This was adopted by the Council in June 1997 and will enter into force on the first day of the second month following deposit of the last Member State's instrument of ratification. Since this deposit will be effective in October, it can be expected to enter into force on 1 December;

- protocol on the privileges and immunities of the liaison officers and their families (Article 41(2). A draft produced by the Netherlands was sent to the Member States in February 1998 and is still under scrutiny;

- headquarters agreement (Article 37). This requires the unanimous approval of the management board;

- rules of procedure of the joint supervisory body (Article 24(7)). The draft now before the joint supervisory body requires its unanimous adoption prior to presentation for the unanimous approval of the Council.