• Home /
• Statewatch Database /
• Europol: Ratification, "immunities" debate in UK; new rules exchanging with non-EU states and bodies

Europol: Ratification, "immunities" debate in UK; new rules exchanging with non-EU states and bodies

01 November 1997

EUROPOL: Ratification update

The European Convention had, by early December, been ratified by 8 of the 15 EU member states - the UK, Portugal, Sweden, Spain, Denmark, France, Germany, and Ireland. Only the UK and Spain have so far formally completed the process by depositing the instrument with the General Secretariat of the European Council in Brussels. The chances of Europol becoming effective - taking over from the Europol Drugs Unit (EDU) - during the UK Presidency in the first half of 1998 are very unlikely.

Under the Europol Convention (Article 45.3) it can only come into effect three months after the last of the 15 member states has formally deposited its ratification instrument.

The process is also complicated by the need for national parliaments to ratify two Protocols attached to the Convention, and, in some member states, the need to also ratify the implementing regulations. The two Protocols cover the role of the European Court of Justice and the Privileges and Immunities of Europol officers. The latter has been the subject of some controversy in the UK (see below) and in Germany.

As of the beginning of October 1997 the position in the other 7 member states on ratifying was as follows: Belgium: the Convention, Protocols and implementing regulations were discussed in Cabinet on 29 September; Finland: Convention and ECJ-Protocol "soon" to be sent to parliament; Immunities Protocol and implementing regulations probably put through by government decree; Greece: parliamentary procedure to start "soon" on Convention and Immunities Protocol; ECJ Protocol by presidential decree; implementing regulations "probably" will not be sent to parliament; Italy: Convention in parliamentary committees; no date set for Protocols or implementing regulations; Luxembourg: Convention and ECJ Protocol before parliament; Immunities Protocol submitted early October; Austria: Convention and ECJ Protocol in Home Affairs Committee; Immunities Protocol going to parliament in October; parliament "informed" about implementing regulations; Netherlands: Second chamber to debate Convention and ECJ Protocol late October; Immunities Protocol "later"; implementing regulations to be put through by administrative procedures.

EUROPOL: UK debate on immunities

The UK was the first EU member state to ratify the Europol Convention on 10 December 1996. This was not surprising as it passed through parliament under the "Ponsonby rules" via the royal prerogative, a relic of monarchical government, so there was no debate or examination by MPs in committee. However, the Immunities Protocol did come before the Ninth Standing Committee on Delegated Legislation on 4 December. On 9 December the Order approving the Protocol passed in the House of Commons by 286 votes to 60 with the Liberal Democrats and some backbench Conservatives (including ex-Home Secretary Kenneth Clarke) voting against.

The need to agree the Immunities Protocol was presented to the Committee by Derek Fatchett, Minister of State at the Foreign Office. Mr Fatchett introduced the issue in sarcastic terms: "I realise these are gripping matters, and I hope that all Committee members will be able to bear the tension and excitement of our debate".

It appears that Mr Fatchett, presumably speaking to a brief from officials, was unaware of the extension in the role of Europol made in the Amsterdam Treaty signed by the government in June. Europol, he said, "will have no operational powers", it would have a supporting role but this would not cross the line to include "one in which Europol staff themselves would undertake investigations, arrests.." The Amsterdam Treaty in Article K.2 (now Article 30 of the revised TEU) states in para 2.a: enable Europol to facilitate and support the preparation, and to encourage the coordination and carrying out of specific investigative actions by the competent authorities of the Member States including operational actions of joint teams co