Explanatory Memorandum to COM(2014)465 - EU agency for law enforcement training (Cepol) - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2014)465 - EU agency for law enforcement training (Cepol). |
|---|---|
| source | COM(2014)465  |
| date | 16-07-2014 |
1. CONTEXT OF THE PROPOSAL
1.1. Political context
The European Police College (CEPOL), established as an EU agency in 2005 by Council Decision 2005/681/JHA1, is entrusted with activities related to the training of senior law enforcement officers. It aims to facilitate cooperation between national police forces by organising courses with a European policing dimension. It also defines common curricula on specific topics, disseminates relevant research and best practice, coordinates an exchange programme for senior police officers and trainers, and, for specific projects, may act as a partner of the beneficiaries of EU grants. Its seat was transferred from Bramshill, United Kingdom to Budapest, Hungary, by Regulation (EU) No 543/2014 of 15 May 2014 amending Council Decision 2005/681/JHA, which has entered into force on 29 May 2014.
On 27 March 2013 the Commission made a proposal for a Regulation updating the legal framework of the European Police Office (Europol)2. As regards CEPOL and training of law enforcement officers, that proposal pursued three aims. First, it proposed to merge CEPOL with Europol to create synergies between operational law enforcement work and training activities, and to make administrative savings which would be invested in training. Second, it sought to strengthen the merged agency’s ability to support law enforcement training in the EU by giving it the necessary powers to implement the European Law Enforcement Training Scheme (LETS) published by the Commission at the same time as the proposal for a new Europol regulation3. Third, it sought to align the rules on governance of Europol with the Common Approach on EU decentralised Agencies, endorsed by the European Parliament, Council and Commission in July 2012.
The European Parliament and the Council did not agree to the proposed merger of CEPOL with Europol. Instead, a regulation (proposed by Member States pursuant to Article 76 TFEU and based on Article 87(2)(b) TFEU) moving the seat of CEPOL as an independent agency to Budapest, Hungary, was adopted on 6 May 20144. Due to the opposition to the proposed merger, other parts of the Europol proposal relating to training were not discussed by the European Parliament and the Council in detail.
The Regulation relocating CEPOL to Budapest, Hungary, invites the Commission to submit a report on the effectiveness of the Decision, if appropriate accompanied by a legislative proposal for the Agency. This proposal for a regulation responds to that invitation. It also reflects the call in the Stockholm Programme5 to step up training on EU-related issues and to make them systematically accessible for all relevant law enforcement professionals, and the request of the European Parliament for a European training policy for law enforcement officers to address the increasingly complex and international nature of serious crime6. It is in line with the priorities set out in the Internal Security Strategy in Action7, and with the Common Approach on EU decentralised Agencies. The need to develop EU level training of law enforcement personnel to support practical cooperation and implementing fully the LETS was also pinpointed as one of the key priorities for the future in the Communication of the Commission on 'An open and secure Europe: making it happen'8.
This proposal for a Regulation draws – except as regards the question of merging CEPOL with Europol which has since been decided by the co-legislators – on preparatory work carried out in 2011 and 2012 by the Commission on the modernisation of CEPOL's legal basis. It therefore provides for a legal framework for a new CEPOL with broader objectives and modernised governance, which repeals and replaces CEPOL as established by Council Decision 2005/681/JHA.
1.2. General objective
Contents
more diverse patterns in crime.9 Europol’s EU Serious and organised crime threat assessment
2013 (SOCTA 2013) found that “serious and organised crime is an increasingly dynamic and
EU.”10 Transnational crime can only be countered by cross-border cooperation, with police, customs, border guards and other authorities working together. Unless those authorities are properly trained, and unless there is sufficient mutual trust, such cooperation will not be effective. Against this background, the strategic and operational goals in the fight against organised and serious cross-border crime and terrorism need to be underpinned by coherent, recognised and high quality training in specialized and centrally prioritised areas for EU law enforcement officers involved in transnational cooperation.
The general objective of this proposal for a Regulation is therefore to improve EU security through the implementation, by CEPOL, of a new training approach for EU law enforcement officers, consistent with evolving priorities for operational law enforcement cooperation.
The new training approach – or learning system – is set out in the European Law Enforcement Training Scheme (LETS), which aims to equip law enforcement officials of all ranks (from police officers to border guards and customs officers, as well as, where appropriate, other state officials, such as prosecutors) with the knowledge and skills they need to prevent and combat cross-border crime effectively through efficient cooperation with their colleagues in other Member States, EU agencies, third countries and international organisations.
In order to achieve the general objective, this proposal for a Regulation confers on CEPOL two main tasks: 1) delivering relevant EU-level training and exchanges and 2) coordinating the implementation of the Law Enforcement Training Scheme (LETS) by conducting strategic training needs assessments and ensuring a common quality framework for law enforcement learning.
2. RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES AND IMPACT ASSESSMENTS
Dialogues on the preparation of the reform of Europol, CEPOL and of EU law enforcement training took place in 2010 and 2011 between the Commission and representatives of the European Parliament, the Council of the European Union and the Management Board of Europol and Governing Body of CEPOL, as well as with representatives of national Parliaments.
2.1 External Studies
An external five-year evaluation of CEPOL was carried out in 2010-2011 in line with Article 21 of the CEPOL Decision11. The final report was submitted to the Governing Board of CEPOL on 31 January 201112. An independent external study, commissioned to support the preparation of the Impact Assessment, assessed the functioning of CEPOL and the legislation governing CEPOL in the light of the objectives in the Stockholm Programme and analysed impacts of possible future actions. A wide variety of stakeholders were consulted, namely representatives from CEPOL national stakeholders, users of CEPOL's activities and experts in the field of police cooperation and training. The study was submitted to the Commission on 23 April 201213.
2.2 External consultations
In addition, the Commission involved all Member States in the assessment of the functioning of the CEPOL Decision and its revision. The future role of CEPOL was also discussed in the context of several workshops to gather ideas on the European Training Scheme organised by the Commission in the second half of 2011 and the first part of 2012. The Commission organised on 7 February 2012 a consultative workshop with 20 participants, mainly from UK, FR, DE, ES, DK, BE, SK, PL, CEPOL, to assess problems identified in the study as well as recommendations and to consider the alternatives. On 3 May 2012 the Commission organised a consultative conference with 60 participants from all Member States.
2.3 Internal consultations
DG HOME carried out an internal consultation by setting up a specific Inter-Service Group (ISSG), with the participation of representatives of the SG, SJ, DG HR, BUDG, JUST, IAS, OLAF and EEAS. ISSG meetings were held on 15 March, 21 May, and 5 June 2012.
2.4 Impact Assessment
In line with its “Better Regulation” policy, the Commission conducted two impact assessments of policy alternatives concerning Europol and CEPOL.
The impact assessment on CEPOL was based on the two policy objectives of (i) ensuring better quality, more joined-up and more consistent training for a wider range of law enforcement officers in cross-border crime issues and (ii) establishing a framework to achieve this in line with the Common Approach on EU decentralised agencies. When presenting a Law Enforcement Training Scheme, the implementation of which will require additional resources, the Commission examined different options including strengthening and streamlining CEPOL as a separate agency and merging, partially or fully, the functions of CEPOL and Europol into a new Europol agency.
According to the Commission’s established methodology, each policy option was assessed, with the help of an inter-service steering group, against its impact on security, on the costs (including on the budget of the EU institutions) and against its impact on fundamental rights.
The analysis of the overall impact led, in the context of the Europol Regulation proposal, to a preferred policy option which was the merger of CEPOL into Europol. However, the European Parliament and the Council did not agree to the proposed merger, nor to the alternative option of co-locating the two agencies in The Hague, the Netherlands,14 and decided to move CEPOL, as an independent Agency, to Budapest.
This proposal for a regulation accordingly maintains CEPOL as an independent agency, with its seat in Budapest. Any other option would, at this point in time, generate additional costs and create uncertainty for the Agency's future and its staff which would adversely affect its ability to deliver on its objectives.
3. LEGAL ELEMENTS OF THE PROPOSAL
Article 87(2)(b) of the Treaty on the Functioning of the European Union is the legal basis for this proposal.
Objective and content of the legislative proposal
This proposal aims to:
Give CEPOL the appropriate legal mandate and the necessary resources to implement the training effort set out in the Commission Communication on LETS published in March 2013.
Improve the governance of CEPOL by seeking increased efficiency and aligning it with the principles laid down in the Common Approach on EU decentralised agencies.
Implementation of a European approach to training
The Commission Communication on LETS aims to make the EU’s response to common security challenges more effective, to raise the standard of policing across the EU and to stimulate the development of a common law enforcement culture as a means of enhancing mutual trust and cooperation. It seeks to identify and address gaps in existing law enforcement training on cross-border matters by supporting and, where appropriate, by coordinating the delivery of training by European and national centres of excellence15. To implement the training effort envisaged in the Communication, this proposal for a Regulation aims at giving CEPOL the appropriate legal mandate and the necessary resources.
The scope of CEPOL’s mandate is broadened so that it can support, develop, deliver and coordinate learning activities for law enforcement officials of all ranks (not only police officers of senior rank as is the case under the current CEPOL Decision ) as well as to officers of customs and of other relevant services dealing with cross-border issues.
The proposal envisages that the Agency will remain network-based, bringing together the network of training institutes of the Member States for the law enforcement officials and liaising with a single National unit in each Member State.
The objectives of CEPOL are updated and clarified so that the Agency may improve awareness and knowledge of international and Union instruments, the institutions, agencies and bodies of the European Union; encourage the development of the regional or bilateral cooperation among the Member States; address specific criminal or policing thematic areas where training at EU level can add value in addition to the national level; and provide appropriate and preliminary training sessions for the participation in civilian missions in third Countries.
CEPOL’s tasks are defined in this Regulation on the basis of a strategic training needs assessment to address EU priorities in the area of internal security and its external aspects, in line with the relevant policy cycles and by introducing an accredited certification system.
Improved governance
The proposal improves the governance of CEPOL by streamlining procedures, notably with respect to the Management Board and the Executive Director, and by aligning CEPOL with the principles laid down in the Common Approach on EU decentralised agencies, keeping in mind that CEPOL, as a centre of EU learning activities, should continue to rely on the network of the training institutes of the Member States and liaise with a single National unit in each Member State.
The Commission and the Member States are represented on the Management Board of CEPOL. In line with the mandate of the Agency, the members of the Management Board are appointed on the basis of their knowledge of training for law enforcement officers, taking into account relevant managerial, administrative and budgetary skills. The Management Board will be advised by a scientific committee on technical training issues (Scientific Committee for Training).
The Management Board is given the necessary powers, in particular to establish the budget, verify its execution, adopt the appropriate financial rules and planning documents, establish transparent working procedures for decision-making by the Executive Director of CEPOL, adopt the annual activity report, and appoint an Executive Director.
In order to ensure efficient day-to-day functioning of CEPOL, the Executive Director is its legal representative and manager. The Executive Director is completely independent in the performance of his/her tasks and ensures that CEPOL carries out the tasks foreseen in this Regulation. In particular, the Executive Director is responsible for preparing budgetary and planning documents submitted for the decision of the Management Board, implementing the annual and multiannual work programmes of CEPOL and other planning documents.
4. BUDGETARY IMPLICATION
The adoption of this Regulation will have no additional financial implication as described in the annexed legislative financial statement. Figures included in the financial statement combine the foreseen total amount for CEPOL as it is planned for the 2016-2020 financial period (Communication COM(2013)519) including the financial needs of € 3.710 million which are necessary to implement the mandate related to the Law Enforcement Training Scheme.
An additional 4 FTE will be needed to implement the new tasks related to training of law enforcement officials, i.e. the activities required to implement the European Law Enforcement Training Scheme. The specific task of the additional staff will be to coordinate the 4 Strands of the Scheme and to ensure that training activities are built on the regular training needs analysis and satisfy the high quality of delivery. In addition, 1 FTE will be recruited for the post of Legal Advisor in accordance with the advice from the European Ombudsman. Taking into account the additional posts already foreseen in the Communication COM(2013)519, only 1 additional FTE is to be recruited in 2016 and 1 additional FTE is be recruited in 2017, and the additional post foreseen in 2018 in the Communication COM(2013)519 should be frontloaded in 2017. In order to comply with the 5% reduction, these modifications to the Communication will require exact compensation and are therefore subject to the availability of resources in the pool of Agencies through the annual budget procedures, resulting in an estimated €1.305 million in staffing costs over the period 2016-2020.
An estimated €6.092 million of staff costs (excl. schooling fees) will be saved over the period 2016-2020 as a result of the relocation from Bramshill to Budapest and the difference in the correction coefficient between the United Kingdom and Hungary. Schooling fees for children of CEPOL’s staff will constitute an additional cost of € 1.868 million over the same period.
An estimated €0.658 million will be saved as a result of lower costs of building, equipment and management board expenses over the same period.
The relocation of around 40 staff from CEPOL’s current site in Bramshill, United Kingdom, to the new site in Budapest, Hungary, will have taken place before this proposal for a Regulation enters into force.
In total, therefore, the budgetary impact of the legislative proposal amounts to € 45.383 million for CEPOL, as an independent Agency established in Budapest, over the period 2016-2020.