(Consultation procedure)

The European Parliament,

–   having regard to the Commission proposal (COM(2004)0623)(1),

–   having regard to Articles 30(1)(c) and 34(2)(c) of the EU Treaty,

–   having regard to Article 39(1) of the EU Treaty, pursuant to which the Council consulted Parliament (C6-0203/2004),

–   having regard to Rules 93 and 51 of its Rules of Procedure,

–   having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the opinion of the Committee on Budgets (A6-0059/2005),

1.  Approves the Commission proposal as amended;

2.  Considers that the financial statement of the Commission proposal for the period 2005-2006 is compatible with the ceiling of heading 3 of the current Financial Perspective without restricting other policies; recalls that the appropriations for the period after 2006 will be subject to the decision on the new financial framework; requests the Commission, if applicable, to propose adjusted amounts for the period after 2006 to ensure consistency with the new ceilings;

3.  Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

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

5.  Calls on the Council to consult Parliament again if it intends to amend the Commission proposal substantially;

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

Text proposed by the Commission   Amendments by Parliament Amendment 1 Article 4 The seat of CEPOL shall be in Bramshill, United Kingdom. The seat of CEPOL shall be in Bramshill, United Kingdom. The host Member State shall facilitate the setting up of CEPOL. Amendment 3 Article 5, paragraph 1 1.  Without prejudice to the competencies of the institutions responsible for training of law-enforcement officers in the Member States, the purpose of CEPOL is to help train the senior and other law-enforcement officers of the Member States playing a key role in the fight against cross-border crime in the European Union, with a view to strengthening and improving cooperation in those areas most relevant to the achievement of an area of freedom, security and justice in the sense of Article 29 of the Treaty on European Union. In so doing, CEPOL shall strive to support a European approach to the main problems facing Member States in preventing and combating crime, organized or otherwise, especially as regards its cross-border dimensions, by helping to train senior and other law-enforcement officials of the Member States. 1.  Without prejudice to the competencies of the institutions responsible for training of law-enforcement officers in the Member States, the purpose of CEPOL is to help train the law-enforcement officers of the Member States playing a key role in the fight against cross-border crime in the European Union, with a view to strengthening and improving cooperation in those areas most relevant to the achievement of an area of freedom, security and justice in the sense of Article 29 of the Treaty on European Union. In so doing, CEPOL shall strive to support a European approach to the main problems facing Member States in preventing and combating crime, organized or otherwise, especially as regards its cross-border dimensions, by helping to train law-enforcement officials of the Member States. (This amendment applies throughout the text.) Amendment 4 Article 5, paragraph 2 2.  CEPOL courses and training modules shall focus on ways to improve cooperation among Member States' law-enforcement services in priority areas, such as preventing and combating serious and/or organized crime and terrorism. They shall pay special attention to human rights and ethics as they apply to law enforcement, taking into account relevant instruments. CEPOL courses and training tools shall be directed to police and other law-enforcement officers working in the field of European Union and/or international cooperation in preventing and combating crime. 2.  CEPOL courses and training modules shall focus on ways to improve cooperation among Member States' law-enforcement services in priority areas, such as preventing and combating serious and/or organized crime and terrorism. They shall pay special attention to human rights, the treatment of especially vulnerable groups, such as women, minors and minorities, and ethics, as they apply to law enforcement, taking into account relevant instruments. CEPOL courses and training tools shall be directed to police and other law-enforcement officers working in the field of European Union and/or international cooperation in preventing and combating crime. Amendment 5 Article 7, point 8 (8)  Develop and provide training to prepare police forces of the European Union for participation in non-military crisis management. (8)  Develop and provide training to prepare police forces of the European Union for participation in non-military crisis prevention and management. Amendment 2 Chapter III, title Organs, national units and cooperation with other bodies Organs, liaison units and cooperation with other bodies (This amendment applies throughout the text.) Amendment 6 Article 9, paragraph 1 The Governing Board shall be made up of one representative from each Member State and a representative of the European Commission. It shall be up to each Member State to decide on its representation in the CEPOL Governing Board. Each member shall have one vote. 1.  The Governing Board shall be made up of one representative from each Member State and a representative of the European Commission. It shall be up to each Member State to decide on its representation in the CEPOL Governing Board. Each member shall have one vote. The European Parliament may be represented by an observer if it considers it necessary. Amendment 7 Article 9, paragraph 2 2.  The members of the Governing Board shall preferably be directors of national law-enforcement training institutes of the Member States. Where there are several directors from a single Member State, it shall be up to each Member State to decide on its representation in the Governing Board in accordance with paragraph 1 of this Article. The Governing Board shall be chaired by the representative of the Member State holding the Presidency of the Council. 2.  The members of the Governing Board shall be directors of national law-enforcement training institutes of the Member States. Where there are several directors from a single Member State, it shall be up to each Member State to decide on its representation in the Governing Board in accordance with paragraph 1 of this Article. The Governing Board shall be chaired by the representative of the Member State holding the Presidency of the Council. Amendment 8 Article 10, paragraph 2 2.  The Director shall be designated by the Council for a period of five years, from a list of at least three candidates presented by the Governing Board. 2.  The Director shall be designated by the Council for a period of five years, from a list of at least three candidates presented by the Governing Board. The Council, acting on a representation by the Governing Board, may terminate the Director's term of office without notice for reasons of misconduct and with reasonable notice for reasons of unsatisfactory performance of his duties. Amendment 9 Article 10, paragraph 4, introductory part 4.  The Director shall be responsible for the day-to-day administration of CEPOL's work. He or she shall support the work of the Governing Board and act as channel between this and the CEPOL national units referred to in Article 12. He or she shall in particular be responsible for: 4.  The Director shall be responsible for the day-to-day administration of CEPOL's work. He or she shall support the work of the Governing Board and act as channel between this and the liaison units referred to in Article 12. He or she shall in particular be responsible for: (This amendment applies throughout the text.) Amendment 10 Article 11, paragraph 1 1.  The Director shall be supported by a staff in the discharge of his/her duties. deleted Amendment 11 Article 11, paragraph 2 2.  The staff and the Director of CEPOL are subject to the rules resulting from the regulations and rules applicable to the officials and other servants of the European Communities. 2.  The Staff Regulations of officials of the European Communities, the Conditions of employment of other servants of the European Communities and the rules adopted jointly by the institutions of the European Communities for the purposes of the application of those Staff Regulations and Conditions of employment shall apply to the Director and staff of CEPOL. Amendment 12 Article 11, paragraph 3 a (new) 3a. Without prejudice to Article 10, the powers conferred on the appointing authority by the Staff Regulations and the Conditions of employment of other servants shall be exercised by CEPOL in respect of its own staff. Amendment 13 Article 11, paragraph 3 b (new) 3b. CEPOL's staff shall consist of officials seconded from an institution within the meaning of the Staff Regulations of officials of the European Communities or from Member States and of other servants recruited by CEPOL as necessary to carry out its tasks. The staff shall be recruited on a temporary basis. Amendment 14 Article 11, paragraph 4 4.  The Governing Board may adopt arrangements to permit the secondment of national experts from the Member States to CEPOL. 4.  The Governing Board may adopt arrangements to permit the secondment of national experts from the Member States to CEPOL. Such arrangements shall be approved by the Council prior to their entry into force. Amendment 15 Article 12, paragraph 1 1.  CEPOL national units shall be set up in the national law enforcement training institute of each Member State. Where there are several institutes in a single Member State, it shall be up to each Member State to decide whether to set up one or more national units, as well as on its/their location. 1.  Each Member State shall designate one or more persons, not exceeding three for each national law enforcement training institute, hereinafter called "liaison units", to ensure that CEPOL training programmes are implemented at national level. Where there is more than one liaison unit in a Member State, that Member State shall designate one of those units as the central coordinating unit. Amendment 16 Article 12, paragraph 2 2.  The national units shall preferably be headed by the official directly responsible for the development and implementation of training programs at national level, or a person with equivalent competences and responsibilities. It shall be up to each Member State to decide on the organization and staffing of the national units, in accordance with its national legislation. CEPOL national units may consist of a single person, if necessary, as long as their proper functioning in accordance with this Decision is ensured. deleted Amendment 17 Article 12, paragraph 3 3.  The Member States agree to undertake all necessary measures to ensure good communication and cooperation of all relevant training institutes, including relevant research institutes, with the CEPOL national unit(s). Where there is more than one CEPOL national unit in a single Member State, it shall be up to each Member State to designate one of them as the central coordinating unit responsible for ensuring the necessary communication and coordination with the other CEPOL national units within its territory and with those in other Member States. deleted Amendment 18 Article 12, paragraph 3 a (new) 3a. The liaison units shall support the work of the national law enforcement training institutes in the fight against cross-border crime in the European Union. Amendment 19 Article 12, paragraph 3 b (new) 3b. The training offered by the liaison units shall not replace the actions already undertaken by the national law enforcement training institutes. Amendment 20 Article 12, paragraph 4, introductory part 4.  The CEPOL national units shall be responsible at national level for implementing the training, teaching and learning tools adopted by the Governing Board, and should also participate actively in their development and the evaluation of their use. In particular, each CEPOL national unit shall be responsible for the following tasks: 4.  The liaison units shall cooperate closely with the Director of CEPOL and shall report to CEPOL on the implementation of the training programmes at national level. In particular, each liaison unit shall be responsible for the following tasks: Amendment 21 Article 14, paragraph 3 3.  The Director shall draw up an estimate of the revenues and expenditure of CEPOL for the following financial year and shall forward it to the Governing Board together with an establishment plan. 3.  The Director shall draw up an estimate of the revenues and expenditure of CEPOL for the following financial year and shall forward it to the Governing Board together with a provisional establishment plan. Amendment 22 Article 15, paragraph 3 3.  On receipt of the Court of Auditors' observations on CEPOL's provisional accounts, pursuant to Article 129 of the general Financial Regulation, the Director shall draw up CEPOL's final accounts under his own responsibility and forward them to the Governing Board for an opinion. 3.  On receipt of the Court of Auditors' observations on CEPOL's provisional accounts, pursuant to Article 129 of the general Financial Regulation, the Governing Board shall draw up CEPOL's final accounts on the basis of the draft accounts prepared by the Director. Amendment 23 Article 16 The financial rules applicable to CEPOL shall be adopted by the Governing Board after having consulted the Commission. They may not depart from the Commission Regulation (EC, Euratom) No. 2343/2002 of 23 December 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No. 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities, unless specifically required for CEPOL's operation and with the Commission's prior consent. The financial rules applicable to CEPOL shall be adopted by the Governing Board after having consulted the Commission. They may not depart from the Commission Regulation (EC, Euratom) No. 2343/2002 of 23 December 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No. 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities, unless specifically required for CEPOL's operation and with the Commission's prior consent. The budgetary authority shall be informed of these derogations. Amendment 24 Article 21 At the latest six months after this Decision takes effect, the Member States shall have set up their CEPOL national unit(s) and transmitted all the relevant information to the General Secretariat of the Council and the Commission. Within six months after this Decision takes effect, the Member States shall designate their liaison units as referred to in Article 12 and shall transmit all the relevant information to the Director and the Governing Board of CEPOL. Amendment 25 Article 22, paragraph 1 1.  At the end of each year the Governing board shall submit an annual report to the Commission, the Council and the European Parliament as specified by Article 9(7)(d) of this Decision. 1.  At the end of each year the Governing board shall submit an annual report to the Commission, the Council and the European Parliament as specified by Article 9(7)(d) of this Decision. The Governing Board shall also submit any report or any further information that may be required of it by the European Parliament or the Council. Amendment 26 Article 22, paragraph 2 2.  Within five years after this Decision takes effect and every five years thereafter, the Governing Board shall commission an independent external evaluation of the implementation of this Decision as well as of the activities carried out by CEPOL. 2.  Within three years after this Decision takes effect and every three years thereafter, the Governing Board shall commission an independent external evaluation of the implementation of this Decision as well as of the activities carried out by CEPOL. Amendment 27 Article 22 a (new) Article 22a The European Police College established by this Decision shall be the successor to the European Police College established by Decision 2000/820/JHA. Continuity in administrative and legal procedures commenced prior to the date on which this Decision takes effect shall be ensured.

(1) Not yet published in OJ.