B3-1691, 1692 and 1724/93

Resolution on police cooperation

The European Parliament,

-having regard to the Treaty on European Union, in particular Title VI thereof,

-having regard to the Declaration on Police Cooperation adopted by the Intergovernmental Conferences in Maastricht on 7 February 1992,

-having regard to the Ministerial Agreement of 2 June 1993 on the Establishment of the Europol Drugs Unit,

-having to its previous resolutions, particularly those of 22 January 1993 on the setting up of Europol, and of 15 July 1993 on cooperation in the fields of justice and home affairs under the Treaty on European Union,

-having regard to the conclusions of the Presidency of the European Councils of 29 October 1993 and of 10-11 December 1993,

A.wishing to be informed of progress achieved and to have advance information on the proposed Europol Convention so that it can make suggestions,

B.concerned that parliaments, including the European Parliament, have been inadequately informed about this cooperation, with the result that hardly any parliamentary supervision exists,

C.whereas the cooperation by the project team, for example on the creation of Europol, is subject to 'supervision' only by the relevant ministries, with the result that officials are left to supervise themselves,

D.whereas Europol should extend its operations as soon as possible to include international organized crime,

E.whereas some national legislations on data protection are wholly inadequate to deal with the European dimension of data exchange and inappropriate for the monitoring of data reproduction at European level,

F.whereas the Member States should reach an agreement to the effect that any individual who is affected should have recourse to public legal aid and easy access to the administration of justice,

1.Emphasizes that police cooperation for combating major cross-frontier crimes is not an aim in itself but a precondition for guaranteeing the security of the citizen;

2.Stresses that, since such cooperation indirectly affects the rights and obligations of citizens of the Union, the European Parliament should be effectively involved in the drawing up and implementation of the conventions for the Europol Drugs Unit and for Europol and other intended agreements, such as the European Information System;

3.Regrets that the interinstitutional consultation on arrangements to implement the right to be informed and consulted and to make recommendations granted to Parliament pursuant to Article K.6 of the Treaty on European Union was not completed prior to 1 November 1993, the date when the Treaty on European Union took effect, and that this matter has still not been resolved;

4.Wishes the right to be informed and consulted pursuant to Article K.6 to apply to all documents, including those drawn up by the Coordinating Committee provided for in in Article K.4 for the Council of Ministers responsible;

5.Asks to be informed forthwith of current progress and the commencement of activities of Europol and the Europol Drugs Unit in The Hague and to continue to receive such information at regular intervals;

6.Looks forward to the conclusion of an interinstitutional agreement on Title VI of the Treaty on European Union, which fully incorporates Parliament's rights to be consulted and informed on the Europol Drugs Unit and Europol and all other aspects of cooperation in analysing, planning and carrying out operations among police forces, customs authorities and security and intelligence services;

7.Insists that the Conventions should be drawn up by the Council in such a way that the Europol Drugs Unit and Europol are under the executive responsibility of the Commission, the judicial control of the Court of Justice and the parliamentary control of the European Parliament;

8.Calls on the Member States to take into consideration for cooperation between police forces:

-the aims and parameters of the cooperation,

-the appropriate legal bases,

-the fundamental rights of citizens (e.g. in the field of data protection),

-the question of the jurisdiction of the courts,

-permanent parliamentary supervision at Member State and Union level;

9.Calls for clarification of the relations between Europol and Interpol;

10.Emphasizes that police cooperation needs to go hand-in-hand with better cooperation between judicial authorities, notably through improved judicial assistance and extradition arrangements;

11.Calls for the language provisions of the EC Treaty and of Council Regulation No. 1 to be applied forthwith to Europol and for appropriate action to be taken in this respect;

12.Has noted the discussions and decisions of the Council of Ministers responsible for justice and home affairs of 29 and 30 November 1993 but fears that international police cooperation will again be fragmented (Europol Drugs Unit, organized crime, stolen cars, analysis of crimes, trade in human beings for the purposes of prostitution, environmental crime and international fraud); calls for a single initiative to be taken on police cooperation which, however, should be distinct from measures to combat terrorism and to protect the financial interests of the European Union;

13.Calls on the Member States, in their cooperation with non-EC states, to take account of respect for human rights and the provisions of international agreements and in all such regulations to examine to what extent these states themselves respect human rights and international agreements;

14.Instructs its President to forward this resolution to the Council, the Commission, the governments and parliaments of the Member States and of the applicant countries and to the Coordinating Committee referred to in Article K.4 of the Treaty.