State Secretary for European Affairs Janez Lenarčič: Statement by the EU Council on the report on Proposal for a Council Decision establishing the European Police Office (EUROPOL) at the plenary session of the European Parliament

Mr President, Honourable Members of the European Parliament,

The Slovenian Presidency thanks the Honourable Member of Parliament, Mr Díaz De Mera Garcìa Consuegra for his report on the Commission proposal for a Council Decision establishing the European Police Office (EUROPOL). Discussions on the draft Decision are still ongoing in the Council and the Presidency will refer to the Honourable Member of Parliament's report in these discussions. The Presidency notes the considerations of the Rapporteur, in particular regarding data protection and democratic control over Europol.

Finalising the draft Council Decision by June 2008 is one of priority tasks for the Slovenian Presidency. Replacing the Europol Convention, the Decision aims at improving the operational and administrative functioning of Europol in order to be able to rapidly address new challenges. Important progress has already been made under the previous German and Portuguese Presidencies which has led to the finalisation of Chapter I "Establishment and tasks", Chapter II "Information processing systems", Chapter III "Common provisions on information processing", Chapter VI "Organisation", Chapter VII "Confidentiality issues" and Chapter IX "Miscellaneous provisions".

The Slovenian Presidency will therefore focus the discussions on the outstanding Chapters i.e.:

• Chapter IV: Relations with partners
• Chapter V: Data protection and data security
• Chapter VIII: Budget provisions - Monitoring and evaluation
• Chapter X: Transitional provisions
• Chapter XI: Final provisions

In parallel with the discussions on the outstanding chapters, the Presidency will, in line with the Council Conclusions of 12 June 2007, give special attention to finding satisfactory solutions for the following issues:

1. lifting of immunity for Europol officials participating in Joint Investigation Teams,
2. the principle of rotation and the possibility for Europol officials participating in Joint Investigation Teams to receive instructions from the team leader,
3. budget neutrality.

Discussions on each of these issues were started in expert groups and are being continued in the Europol Working Party and the Article 36 Committee. Improving Europol's operational capability and adhering to the principle of budget neutrality will guide these discussions. It is the Presidency's intention to have these issues agreed by the end of the first quarter of 2008.

The Presidency will also closely monitor the state of play regarding the Implementation Plan. This Implementation Plan sets out the milestones which are to be reached in order to allow for the applicability of the Council Decision on Europol as from 1 January 2010. The initial discussions on the implementing measures will start in the first half of 2008.

Thank you.