WRITTEN QUESTION P-2420/00

by Jeffrey Titford (EDD) to the Council

(11 July 2000)

Subject: Europol and European Union Police force

Can the Council answer the following questions:

1. What is the current number of police officers employed by Europol?

2. How many of those Europol officers are British subjects?

3. What is the annual salary of:

(a) the head of Europol?

(b) the officers?

4. How many support staff does Europol have (i.e. non-police officers)?

5. What are all the powers available to Europol officers?

6. What are the full details of their immunity from prosecution?

7. Are Europol officers able to murder people whilst on duty and be immune from subsequent prosecution?

8. What are the full details of the proposed number of officers, and support staff, involved in the planned Police Rapid Reaction Unit of the European Union?

9. What is the purpose of the Rapid Reaction Unit?

10. Will this new European Union police force have any authority to intervene in any matter within the European Union?

11. Who does the head of this new European Union police force report to?

12. What control does the United Kingdom government have over the deployment of this police force?

Reply

(30 November 2000)

The Council's reply to the Honourable Member's questions is as follows:

(a) It should from the outset be underlined that Europol has no operational powers. Article 3 of the Europol Convention clearly limits the tasks of Europol to supporting the Member States by providing intelligence and technical support. Europol and its employees therefore do not have the power to take operational action in the Member States (such as arresting suspects).

In general terms, the principal task of Europol may be described as follows: through the national units set up by the Member States, it receives information from the Member States and analyses it. The results of such analysis are notified to the Member States. Europol does not have the power to take any operational action for information gathering purposes, nor can it take operational action on the basis of the data it receives.

(b) In answer to questions 1, 2 and 4 the Council wishes to inform the Honourable Member that, given the tasks of Europol as described above, Europol employees are not police officers. All staff employed by Europol have a support function for the police forces in the Member States. Europol's total staff complement in 2001 will be 230. Article 30 of the Europol Convention clearly provides that all the staff members of Europol shall be guided in their actions by the objectives and tasks of Europol and shall neither seek nor accept orders from any government, authority, organisation or person outside Europol.

(c) In answer to questions 5, 6 and 7 the Council would refer the Honourable Member to the points made in a) above. It should be added that any action by Europol employees outside the scope of Europol's competence is not covered by the Protocol on the privileges and immunities of Europol, the members of its organs, the deputy directors and employees(1).

(d) In answer to question 3 the Council would inform the Honourable Member that the Staff Regulations applicable to all Europol employees (including the Director) have been published(2).

(e) In answer to questions 8, 9, 10, 11 and 12 the Council would point out to the Honourable Member that, at its meeting on 19/20 June 2000 in Santa Maria da Feira, the European Council welcomed the identification of priority areas for targets in civilian aspects of crisis management and of specific targets for civilian police capabilities with respect to potential external action by the Union in the context of the common

European security and defence policy. In particular, Member States, cooperating voluntarily, have undertaken that by 2003 they will be able to provide up to 5 000 police officers for international missions across the range of conflict prevention and crisis management operations. Member States have also undertaken to be able to identify and deploy up to 1 000 police officers within 30 days. The participation of the police forces of the Member States in crisis management operations conducted by the Union must not in present circumstances be confused with the proposal, submitted by the Commission and now under scrutiny by the Council, for a rapid reaction facility. The European Council invited the French Presidency, together with the Secretary General/High Representative, to carry work forward within the General Affairs Council on this subject, and to submit an overall Presidency report to the European Council in Nice in December 2000, including information on the development and implementation of EU capabilities in civilian aspects of crisis management.

(1) OJ C 221, 19.7.1997, p. 1.

(2) OJ C 26, 30.1.1999, p. 23.