Procedure : 2008/0102(CNS)
Document stages in plenary
Document selected : A6-0339/2008

Texts tabled :

A6-0339/2008

Debates :

Votes :

Explanations of votes
PV 23/09/2008 - 5.5
Explanations of votes

Texts adopted :

P6_TA(2008)0418

REPORT     *
PDF 135kWORD 66k
11 September 2008
PE 408.024v02-00 A6-0339/2008

on the proposal for a Council regulation amending Regulation (Euratom, ECSC, EEC) No 549/69 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

(COM(2008)0305 – C6-0214/2008 – 2008/0102(CNS))

Committee on Civil Liberties, Justice and Home Affairs

Rapporteur: Agustín Díaz de Mera García Consuegra

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 EXPLANATORY STATEMENT
 PROCEDURE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a Council regulation amending Regulation (Euratom, ECSC, EEC) No 549/69 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

(COM(2008)0305 – C6-0214/2008 – 2008/0102(CNS))

(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal to the Council (COM(2008)0305),

–   having regard to Article 291 of the EC Treaty,

–   having regard to Article 16 of the Protocol on the Privileges and Immunities of the European Communities, pursuant to which the Council consulted Parliament (C6-0214/2008),

–   having regard to Rule 51 of its Rules of Procedure,

–   having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A6-0339/2008),

1.  Approves the Commission proposal;

2.  Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

3.  Asks the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

4.  Instructs its President to forward its position to the Council and the Commission.


EXPLANATORY STATEMENT

The proposal for a Council regulation amending Regulation (Euratom, ECSC, EEC) No 549/69 determining the categories of officials and other servants of the European Communities to whom the provisions of the Protocol on the Privileges and Immunities of the Communities apply aims to ensure that the immunity from legal proceedings laid down in Article 12(a) of that Protocol does not apply to Europol staff placed at the disposal of a joint investigation team, in respect of official acts required to be undertaken in fulfilment of the operational tasks entrusted to them.

At the meeting of the Permanent Representatives held on 9 April 2008, broad and definitive agreement was reached on the proposal for a Council Decision establishing the European Police Office (Europol). This new legal instrument will enable the new European Agency to adjust the scope of its activities more swiftly to suit the changing circumstances in the EU, especially as regards new forms of crime and new terrorist threats.

Under the proposal for a Council Decision, Europol is to be converted into an EU Agency which will mean, among other things, that the Staff Regulations applicable to EU Officials will apply to Europol staff, as will the same privileges and immunities.

Article 6 of the proposal also lays down that Europol staff may participate in a support capacity in joint investigative teams, provided that those teams are investigating crimes for which the European Police Office has competence.

The Protocol of 28 November 2002 amending the Europol Convention, and the Protocol on the privileges and immunities of Europol, provided for the possibility of members of the European Police Office participating in a support capacity in joint investigation teams. That amending protocol also stipulates that the immunity of Europol’s staff members in respect to words spoken or written, and/or acts performed by them in the exercise of their official functions, does not extend to their activities as participants in the joint investigation teams.

The aim of this proposal for a regulation is therefore simply to introduce a facet already covered in previous legislation on Europol, and which should now be retained.


PROCEDURE

Title

Amendment of Regulation (Euratom, ECSC, EEC) No 549/69 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

References

COM(2008)0305 – C6-0214/2008 – 2008/0102(CNS)

Date of consulting Parliament

29.5.2008

Committee responsible

       Date announced in plenary

LIBE

19.6.2008

Committee(s) asked for opinion(s)

       Date announced in plenary

JURI

19.6.2008

 

 

 

Not delivering opinions

       Date of decision

JURI

25.6.2008

 

 

 

Rapporteur(s)

       Date appointed

Agustín Díaz de Mera García Consuegra

26.6.2008

 

 

Discussed in committee

9.6.2008

14.7.2008

8.9.2008

 

Date adopted

8.9.2008

 

 

 

Result of final vote

+:

–:

0:

35

0

0

Members present for the final vote

Alexander Alvaro, Emine Bozkurt, Philip Bradbourn, Mihael Brejc, Jean-Marie Cavada, Carlos Coelho, Elly de Groen-Kouwenhoven, Esther De Lange, Gérard Deprez, Agustín Díaz de Mera García Consuegra, Bárbara Dührkop Dührkop, Claudio Fava, Armando França, Kinga Gál, Patrick Gaubert, Jeanine Hennis-Plasschaert, Ewa Klamt, Wolfgang Kreissl-Dörfler, Henrik Lax, Baroness Sarah Ludford, Claude Moraes, Javier Moreno Sánchez, Rareş-Lucian Niculescu, Martine Roure, Inger Segelström, Renate Weber, Tatjana Ždanoka

Substitute(s) present for the final vote

Edit Bauer, Frieda Brepoels, Simon Busuttil, Elisabetta Gardini, Sylvia-Yvonne Kaufmann, Jean Lambert, Marian-Jean Marinescu, Siiri Oviir

Last updated: 12 September 2008Legal notice