Explanatory Memorandum to COM(2008)305 - Amendment of Regulation (Euratom, ECSC, EEC) No 549/69 determining the categories of officials and other servants of the EC to whom the provisions of Article 12, the second paragraph of Article 13 and Article 14 of the Protocol on the Privileges and Immunities of the EC apply - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2008)305 - Amendment of Regulation (Euratom, ECSC, EEC) No 549/69 determining the categories of officials and other servants of the EC ... |
|---|---|
| source | COM(2008)305  |
| date | 23-05-2008 |
- Grounds for and objectives of the proposal
Council Decision […] establishing the European Police Office (EUROPOL Decision), under which EUROPOL is to be funded from the Community budget, will apply from 1 January 2010 or from the date of application of the proposed amendment to Council Regulation (Euratom, ECSC, EEC) No 549/69 whichever is the latest date.
In order to ensure that the EUROPOL Decision is applied from 1 January 2010, the amendment to Council Regulation No 549/69 clarifying that immunity from legal proceedings does not apply to EUROPOL staff participating in joint investigation teams, needs to be adopted in good time.
- General context
During the preparation of the EUROPOL Decision the issue of immunities of EUROPOL staff participating in joint investigation teams was discussed in depth.
The Council Conclusions of 12-13 June 2007 on replacing the EUROPOL Convention by a Council Decision stated that 'EUROPOL would be funded from the Community budget as from 1 January 2010 provided that satisfactory solutions are found on the following three outstanding issues: 1. the lifting of immunity for EUROPOL officials when participating in operational activities, especially Joint Investigation Teams (JITs), ….'.
Following the discussions in the Council on this issue, the Commission agreed on 20 February 2008, that it would submit a proposal to amend Regulation No 549/69 with a view to clarifying the scope of jurisdictional immunities.
- Existing provisions in the area of the proposal
- Protocol on the Privileges and Immunities of the European Communities (1965), in particular its Chapter V (Articles 12 – 16), which specifies immunities and privileges that officials and other servants of the European Communities enjoy in the territories of the Member States. According to Article 16 of the Protocol the Council shall, acting on a proposal from the Commission and after consulting the other institutions concerned, determine the categories of officials and other servants of the Communities to whom the provisions of Article 12, the second paragraph of Article 13, and Article 14 shall apply, in whole or in part.
- Council Act of 18 December1997 drawing up, on the basis of Article K3 of the Treaty on European Union, the Convention on mutual assistance and cooperation between customs administrations.
- Council Regulation (Euratom, ECSC, EEC) No 549/69 of 25 March 1969 determining the categories of officials and other servants of the European Communities to whom the provisions of Article 12, the second paragraph of Article 13 and Article 14 of the Protocol on the Privileges and Immunities of the Communities apply, as amended.
- Council Act of 29 May 2000 establishing in accordance with Article 34 of the Treaty on European Union the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union.
- Council Framework Decision of 13 June 2002 on joint investigation teams.
- Consistency with the other policies and objectives of the Union
Not applicable.
CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT
- Consultation of interested parties
Not relevant.
- Collection and use of expertise
There was no need for external expertise.
- Impact assessment
The proposed amendment corresponds to the request that immunity from legal proceedings (Article 12 (a) of the Protocol on the Privileges and Immunities) should not apply in respect of EUROPOL staff placed at the disposal of a joint investigation team in respect of official acts required to be undertaken in fulfilment of operational tasks set out in Article 6 of the Council Decision […] establishing EUROPOL.
- Summary of the proposed action
To propose an amendment clarifying that EUROPOL staff participating in joint investigation teams do not enjoy immunity from legal proceedings.
- Legal basis
Article 16 of the Protocol on the Privileges and Immunities
- Subsidiarity principle
The proposal falls under the exclusive competence of the Community. The subsidiarity principle therefore does not apply.
- Proportionality principle
The proposal is consistent with the principle of proportionality for the following reason:
Article 16 of the Protocol on the Privileges and Immunities provides that the Council shall, acting on a proposal from the Commission and after consulting the other institutions concerned, determine the categories of officials and other servants of the Communities to whom the provisions of Article 12, the second paragraph of Article 13, and Article 14 shall apply, in whole or in part. There are no other, less far-reaching means of achieving the objectives of this proposal.
- Choice of instruments
Proposed instrument: regulation.
Other means would not be adequate for the following reason(s).
The proposal concerns the amendment of an existing instrument.
The proposal has no implication for the Community budget.