Legality of the Mossos d'Esquadra joining Europol

31.8.2017

Question for written answer E-005451-17
to the Commission
Rule 130
Ramon Tremosa i Balcells (ALDE)

In the past, the Catalan authorities have asked the Spanish State Government to give the Mossos d’Esquadra (police force of the autonomous community of Catalonia) permission to join Europol. Their request has always been refused.

After the attacks of 17 August 2017 in Catalonia, that possibility has been discussed again. This is partly because it has been confirmed that the national police did not share with the Mossos the information that it had about the Ripoll imam, the instigator of the attacks, despite the fact that it had already tapped his phone in 2005 because he was working for Al-Qaeda. That omission runs counter to Recital 24 of Directive 2017/541 on combating terrorism.

The Spanish Government states that the Mossos d’Esquadra cannot be integrated into Europol as it is not a national police force. At the same time, the 16 regional police forces in Germany are incorporated into Europol as a matter of course.

In the light of Directive 2017/541, does the Commission take the view that it is legally possible for the Mossos d’Esquadra force to be designated a competent authority and join Europol?