Cortes Generales

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: 18/06/2013

  A reasoned opinion has been sent

No Important information to exchange

No Veto

Information on parliamentary scrutiny

On 7 May 2013, the Bureau of the Joint Committee for EU Affairs decided to appoint a rapporteur to examine the compliance of the initiative with the principle of subsidiarity.

Lisbon Treaty procedures
  Reasoned opinion

18/06/2013 | Reasoned Opinion 4/2013 of 18/06/2013 on COM (2013) 173 final

On 18 June 2013, the Joint Committee for EU Affairs adopted a Resolution regarding the compliance of the initiative with the principle of subsidiarity.

The Resolution states that the respect of the said principle has NOT been duly ensured by the European Commission as laid down by the Treaties.


“...the Proposal for a Regulation under consideration does not fully respect the principle of subsidiarity, mainly because it envisages the merging of CEPOL into EUROPOL. More precisely, such merging could result in the EU regulating specific aspects of Member States’ police training, whose convenience is far from proven.

Concerning the principle of proportionality, it is to be noted that, bearing in mind article 88 of the TFEU mentioned in paragraph 2 of this reasoned opinion, establishing the functions of Europol, it could be considered that the Proposal of the Commission goes beyond what is strictly necessary to guarantee Europol’s role of support, strengthening and cooperation instrument for Member States’ police services.

Several aspects should be considered:

a) The pursued absorption of Cepol by Europol, which is not envisaged in article 88 of the TFEU.

b) The establishment of reinforced obligations for Member States concerning the exchange of information with the Agency or the need to open investigations suggested by Europol, could compromise the essential aspect of relations between Member States’ police agencies and Europol, namely mutual trust obtained thanks to many years of work, and flood the Agency itself with scarce value information that will only increase the burden of work and put at risk its current efficiency.

c) The loss of specific weight of Member States in the management bodies and mechanisms of the new Agency.

d) The inter-agencies and with third parties information exchange, which would also have an impact on the existing trust between Member States police agencies and Europol.


Finally, we would like to note that several EU Member States are concerned by the fact that this too ambitious legislative proposal of the Commission, intends to establish an European Agency, Europol, as a true operational agent, as a new added actor in European security, when the only operational actors are – and should continue to be in the future – police services of Member States.”

Contact points for EU matters

IPEX Correspondents:
Phone: +32 2 28 44596  Email Ms. Carmen Sanchez Abarca
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