COMPROMISE ON EUROPOL CONVENTION WITHIN REACH?
At the European Council of Essen on 9-10 December, no agreement was reached on a Europol Convention. Instead, the Council decided to broaden the already operational Europol Drug Unit's (EDU) mandate, which currently covers trafficking in stolen cars, nuclear materials, and human beings, to illegal immigration and to money laundering linked to these activities.
At an informal meeting in Paris on 26 January, the Interior Ministers appeared to have come closer to a compromise on the Convention. Agreement was reached to include terrorism in Europol's remit. The French Presidency now hopes for a final agreement at the European Council in Cannes on 26-27 June.
The broadening of the EDU's scope of activities decided by the Essen Council, was formalised by the Interior Ministers at their Paris meeting. Thus, the EDU will continue to expand on the mere basis of a provisional administrative-technical, inter-ministerial agreement, i.e. without a legal basis and outside democratic control.
This is all the more remarkable given the fact, proudly reported by the EDU's 'Coordinator' and Europol Director in spe, Jürgen Storbeck, that the EDU answered to more than 350 particular inquiries from police forces of the member states. Compared with traditional forms of police cooperation via time-consuming hierarchical channels, national criminal investigation authorities now send their inquiry directly to their liaison officer at the EDU in The Hague, who will forward it to his colleagues from the other EU-countries. Some 27 national liaison officers are now working at the EDU. The German representation is largest with six liaison officers, while Portugal is represented by only one officer who works in The Hague only two or three days a week.
Europol Convention: Compromise on sensitive data
The French Interior Minister, Charles Pasqua, proposed a compromise over the confidentiality of information collected and processed by Europol. It is believed that, under the terms of the compromise, sensitive data provided by a member state would not be available to all police forces of the member states, as earlier demanded by France. Only Europol analysts and representatives of the member states of origin (the liaison officers at Europol's headquarters in The Hague) could access it. Other member states could ask for access to the data, but would have to submit and justify a written request. The final decision would be taken by Europol's Board of directors.
Belgium, Spain, Finland, Greece, Ireland, Italy and Portugal have agreed to the French proposal, while Germany and the Netherlands are willing to consider it. Austria, Denmark, Luxembourg, the UK and Sweden are said to be "favourably inclined" towards the compromise.
Europol to deal with terrorism
Agreement was reached to extend Europol's range of activity to terrorism, as advocated by Spain, Greece and, more recently, Denmark. The UK and Germany had earlier opposed the inclusion of terrorism, mainly because they wished to keep the existing secretive EU network of intelligence and internal security agencies outside the purview of the Council.
The widening of Europol's scope would automatically take effect two years after the signing of the Convention.
Charles Pasqua said after the Paris meeting that a general agreement on the Europol Convention was now within reach and suggested that it could be made more specific at a meeting of the Interior Ministers on 9 March.
Sources: European Report, No. 2011, 28.1.95; Neue Zürcher Zeitung, 26.11.94; Statewatch Vol. 4, No. 6, Nov-Dec 94.