The Bundesrat

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the European Union Agency for Law Enforcement Cooperation and Training (Europol) and repealing Decisions 2009/371/JHA and 2005/681/JHA

Scrutiny details

Subsidiarity deadline: 25/06/2013
Scrutiny Information

Scrutiny date: 07/06/2013

  A reasoned opinion has been sent

No Important information to exchange

No Veto

Information on parliamentary scrutiny

Referred to Committees on:

European Union Questions
Internal Affairs
Legal Affairs

Lisbon Treaty procedures
  Political Dialogue

07/06/2013 | Scrutiny results - COM20130173

  Reasoned opinion

07/06/2013 | Reasoned opinion - COM20130173
The Committee on Internal Affairs and the Committee on European Affairs of the Bundesrat adopted a recommendation for a Reasoned Opinion.

In the committee’s view, the proposal is not covered by the legal basis invoked in the proposal, article 87 para. 2 TFEU, as the Union has no competence for measures being ahead a support in cooperation and training. Therefore, the proposal is seen being in contradiction with the principle of conferral of article 5 para. 2 TEU.

Furthermore, the committee is also of the view, that the proposal is in violation with the principle of subsidiarity as stated in article 5 para. 3 TEU, as an European legislation in this matter will not bring any added value.

Finally, the committee states that the intended fusion of EUROPOL and CEPOL does not comply with the provisions set out in article 5 of protocol n° 2 to the Treaty of Lissbon, which means that the justifications are not sufficient.

About Bundesrat's Reasoned Opinion on the EUROPOL-proposal, I had informed you already last Friday. Besides the RO, Bundesrat has also adopted a critical resolution in the context of the political dialogue on this proposal:

Although welcoming the aim to focus EUROPOL as the European key as an information-exchange-point for the different law enforcement agencies and member states, Bundesrat expresses his conviction, that the idea to fuse European Police College (CEPOL) and EUROPOL will not release considerable synergy effects or important savings. He stresses that member states only are competent for training and advanced training in police matters member states, whereas the role of EU is limited on providing non-binding assistance offers - which member states can decide to benefit from or not.

In the Bundesrat's view, the current mandate of CEPOL, namely to provide training for the leading staff and police officers having a key-role in fighting transnational crime, has already to be maintained due to capacity issues. Besides, Bundesrat is also sceptic on widening EUROPOL's mandate as foreseen in article 3 of the proposal. In his view, its competence should only be given in cases where two or more member states are affected in a way that requires a common action.

Contact points for EU matters

IPEX Correspondents:
Phone: 030 18 9100-454  Email Ms. Johanna Mai Phone: +49 (0) 301 891 00 471  Email Mr. Michael Hoessl
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