PURPOSE: To repeal 2000/820/JHA and establish the European Police College (CEPOL).

LEGISLATIVE ACT: Council Decision 2005/681/JHA of 20 September 2005 establishing the European Police College (CEPOL) and repealing Decision 2000/820/JHA.

CONTENT: By this Council Decision, Decision 2000/820/JHA setting up the first European Police College (CEPOL), has been repealed. The main reason for the revision is to guarantee financing for the College through the Community budget. The revised Decision also establishes Bramshill in the United Kingdom as the seat of CEPOL.

The body of provisions set out in the new Decision reflect, as far as possible, those set out in Decision 2000/820. Where there are technical changes they refer to relations with third States, the functioning of the Governing Board, the Director’s tasks, staffing of the CEPOL secretariat, financial requirements, access to documents and as well as evaluation procedures. In summary, the Council Decision contains the following elements:

- The establishment of a European Police College (CEPOL) in the United Kingdom, which is to act as a successor to the 2000 CEPOL. It is to function as a network, by bringing together the national training institutes in the Member States whose tasks include the training of senior police officers.

- The Protocol on Privileges and Immunities of the European Communities will apply to the Director of CEPOL and the staff of its Secretariat, though not to staff seconded to CEPOL from the Member States.

- The aim of CEPOL will be to help train Member States’ senior police officers by optimising co-operation between CEPOL’s various components. It is expected to support and develop a European approach to the main problems facing Member States in their fight against crime, crime prevention and the maintenance of law and order as well as public security. The cross-border dimension of crime will be singled out for particular attention.

- CEPOL’s objectives will be to increase knowledge of the various national police systems and of cross-border co-operation within the EU, to improve upon knowledge of international and EU institutions, the structure and functioning of Europol as well as those of Eurojust’s.

- CEPOL will be tasked to provide training session, to contribute to harmonised programmes for the training of middle-ranking police officers with particular regard to cross-border activities. Other tasks will be to provide specialist training on organised crime, prepare EU police forces for non-military crisis management, provide training for officers from candidate countries, develop on electronic network to provide back-up for CEPOL to ensure that all the necessary security measures are in place and to provide language training.

- CEPOL will be composed of the Governing Board and a Director, heading the CEPOL Secretariat. In addition CEPOL national contact points will be set up in each of the Member States.

- As far as the financial requirements are concerned, the Decision states that CEPOL’s revenue will of a subsidy from the Community entered into the general budget of the European Union under the Commission section. Expenditure will relate to staff, administration, infrastructure and operational expenses. Revenue and expenditure need to be in balance. The actual implementation and control of the budget will the responsibility of the Director.

- Within five years of the Decision taking effect, the Governing Board is asked to prepare an independent evaluation Report on the activities of CEPOL.

- As far as the discharge of the budget is concerned, Article 5(3) of Decision 2000/820/JHA applies.

ENTRY INTO FORCE: A number of measures need to be prepared prior to the Decisions entry into force. Both the Governing Board and the Director chosen on the basis of the 2000 Decision are expected to prepare the adoption of the rules of procedure of the Governing Board, the implementation rules, which apply to CEPOL staff, rules regarding the selection of candidates, financial provisions and rules for access to CEPOL documents. Implementation of these measures applies as from 2 October 2005. The Decision takes effect as from 01 January 2006.

SP(2005)2124

The European Parliament adopted a resolution by 479 votes in favour, 43 against with 27. The resolution was drafted by DEMEMETRIOU Panayiotis (EPP-ED, Cyprus) and made several amendments to the original proposal. The principal changes are as follows:

- the UK as the host Member State must facilitate the setting up of CEPOL;

- CEPOL courses must pay particular attention to the treatment of especially vulnerable groups, such as women, minors and minorities;

- training must prepare for prevention and management of non-military crises;

- “national units” is replaced with “liaison units”. 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;

- the European Parliament may be represented on the Governing Board by an observer if it considers it necessary;

- 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;

- 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;

- 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;

- a new clause states that the training offered by the liaison units shall not replace the actions already undertaken by the national law enforcement training institutes;

- the budgetary authority shall be informed of the derogations referred to in Article 16;

- the independent evaluation must take place every three years rather than five;

Finally, 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.

T6-0085/2005
OJ C 033 09.02.2006, p. 0026-0136 E

Results of vote in Parliament

The European Parliament adopted a resolution by 479 votes in favour, 43 against with 27. The resolution was drafted by DEMEMETRIOU Panayiotis (EPP-ED, Cyprus) and made several amendments to the original proposal. The principal changes are as follows:

- the UK as the host Member State must facilitate the setting up of CEPOL;

- CEPOL courses must pay particular attention to the treatment of especially vulnerable groups, such as women, minors and minorities;

- training must prepare for prevention and management of non-military crises;

- “national units” is replaced with “liaison units”. 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;

- the European Parliament may be represented on the Governing Board by an observer if it considers it necessary;

- 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;

- 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;

- 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;

- a new clause states that the training offered by the liaison units shall not replace the actions already undertaken by the national law enforcement training institutes;

- the budgetary authority shall be informed of the derogations referred to in Article 16;

- the independent evaluation must take place every three years rather than five;

Finally, 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.

T6-0085/2005

Debate in Parliament

A6-0059/2005

A6-0059/2005

PE353.527

PURPOSE : to establish a European Police College ( "CEPOL") as a body of the European Union.

PROPOSED ACT : Council Decision.

CONTENT : On 22 December 2000, the Council adopted a Decision establishing a European Police College, where the aim and objectives of CEPOL are stated. However, this Decision provided it with neither legal personality nor a permanent seat, and CEPOL encountered a series of difficulties.

This proposal aims at providing CEPOL a better legal framework by giving CEPOL legal personality, a permanent seat, financing from the Community's budget, clear staff rules, and a streamlined governance structure, thus improving Member States' law-enforcement services' ability to face the challenges posed by cross-border crime.

Cooperation in law-enforcement training in the European Union is a means towards achieving an area of freedom, security and justice in the sense of Article 29 of the Treaty on European Union. Training has been stressed in several communications. CEPOL training should increase police knowledge of the instruments at law-enforcement services' disposal in the EU, of the different national systems, of technical terminology in different languages, of ethical and human rights issues, as well as an awareness of belonging to the European Union. It should also aim at increasing the quality of training, by establishing not only common curricula and methodologies, but also a CEPOL certification. This proposal not only foresees giving CEPOL the task of organizing common courses - either centrally or in a decentralized fashion - but puts a stronger emphasis on CEPOL's responsibility for developing these common methodologies and standards, and for evaluating their implementation through a certification mechanism.

The main points of the proposal are as follows:

- CEPOL will have legal personality and be financed from the general budget of the EU;

- CEPOL's objectives remain in line with the original Council Decision creating CEPOL, stating that CEPOL shall complement the actions of the relevant training institutes of the Member States. However, the proposal underlines the need to achieve both quantitative and qualitative improvements in law-enforcement cooperation in the EU and identifies examples of key subjects (such as knowledge of the institutions of the EU, Europol's and Eurojust's structure and functioning), that make up the basis for CEPOL common curricula to be developed in future;

- the proposal extends the tasks performed by CEPOL to developing and providing common standards and course modules to be used by the training institutes of the Member States, as well as to evaluating their implementation. CEPOL should thus be able to ensure the uniform application of both common standards and certain key courses across the EU, so as to ensure that all law-enforcement officials have a similar level of knowledge and competence in certain subject areas considered essential to the best performance of their duties;

- CEPOL's organs: are the Governing Board and the Director. The Governing Board is made up of one representative per Member State and one for the Commission (who becomes a full member), each having one vote.

- CEPOL national units will be set up in the Member States; these will 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.

The seat of CEPOL shall be in Bramshill, United Kingdom.

FINANCIAL IMPLICATIONS :

- Budget lines and headings: From 2005 onwards a new budget heading with two budget lines will be created:

- 18 05 05 01: European Police College – Subsidy to titles 1 & 2;

- 18 05 05 02: European Police College – Subsidy to title 3.

- Overall figures:

- Total allocation for action: EUR 7.5 million for commitment. A maximum of EUR 3 million per annum for 2005 and EUR 4.5 for 2006 is available within the current financial perspectives. From 2007 onwards the allocation of appropriations will depend on the new financial perspectives 2007-2013.

- Period of application: 2005 – 2006. The transitional phase begins in 2005. Although CEPOL is already operational, there will be a transitional phase starting from the entry into force of the Decision until current

staff is fully incorporated to the system of staff regulations and new staff is recruited accordingly, the new Director designated, the headquarters agreement with the host State signed, etc. The present legislative financial statement is calculated on the basis of 6 months for 2005, based on the assumption that the new Council Decision will not be approved and in force before mid-2005. A calculation based on a full year is made for the period from 2006 onward. The operational phase will begin 2006.

- Total operational expenditure up to 2010 : EUR 13,600 million.

- Administrative expenditure: EUR 11,900 million.

- Overall total commitments and payments : EUR 25,500 million.

- Overall human and technical resources : EUR 25,530 million.

- Total staff for operational and administrative work : 22.5.

COM(2004)0623
EUR-Lex

PURPOSE : to establish a European Police College ( "CEPOL") as a body of the European Union.

PROPOSED ACT : Council Decision.

CONTENT : On 22 December 2000, the Council adopted a Decision establishing a European Police College, where the aim and objectives of CEPOL are stated. However, this Decision provided it with neither legal personality nor a permanent seat, and CEPOL encountered a series of difficulties.

This proposal aims at providing CEPOL a better legal framework by giving CEPOL legal personality, a permanent seat, financing from the Community's budget, clear staff rules, and a streamlined governance structure, thus improving Member States' law-enforcement services' ability to face the challenges posed by cross-border crime.

Cooperation in law-enforcement training in the European Union is a means towards achieving an area of freedom, security and justice in the sense of Article 29 of the Treaty on European Union. Training has been stressed in several communications. CEPOL training should increase police knowledge of the instruments at law-enforcement services' disposal in the EU, of the different national systems, of technical terminology in different languages, of ethical and human rights issues, as well as an awareness of belonging to the European Union. It should also aim at increasing the quality of training, by establishing not only common curricula and methodologies, but also a CEPOL certification. This proposal not only foresees giving CEPOL the task of organizing common courses - either centrally or in a decentralized fashion - but puts a stronger emphasis on CEPOL's responsibility for developing these common methodologies and standards, and for evaluating their implementation through a certification mechanism.

The main points of the proposal are as follows:

- CEPOL will have legal personality and be financed from the general budget of the EU;

- CEPOL's objectives remain in line with the original Council Decision creating CEPOL, stating that CEPOL shall complement the actions of the relevant training institutes of the Member States. However, the proposal underlines the need to achieve both quantitative and qualitative improvements in law-enforcement cooperation in the EU and identifies examples of key subjects (such as knowledge of the institutions of the EU, Europol's and Eurojust's structure and functioning), that make up the basis for CEPOL common curricula to be developed in future;

- the proposal extends the tasks performed by CEPOL to developing and providing common standards and course modules to be used by the training institutes of the Member States, as well as to evaluating their implementation. CEPOL should thus be able to ensure the uniform application of both common standards and certain key courses across the EU, so as to ensure that all law-enforcement officials have a similar level of knowledge and competence in certain subject areas considered essential to the best performance of their duties;

- CEPOL's organs: are the Governing Board and the Director. The Governing Board is made up of one representative per Member State and one for the Commission (who becomes a full member), each having one vote.

- CEPOL national units will be set up in the Member States; these will 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.

The seat of CEPOL shall be in Bramshill, United Kingdom.

FINANCIAL IMPLICATIONS :

- Budget lines and headings: From 2005 onwards a new budget heading with two budget lines will be created:

- 18 05 05 01: European Police College – Subsidy to titles 1 & 2;

- 18 05 05 02: European Police College – Subsidy to title 3.

- Overall figures:

- Total allocation for action: EUR 7.5 million for commitment. A maximum of EUR 3 million per annum for 2005 and EUR 4.5 for 2006 is available within the current financial perspectives. From 2007 onwards the allocation of appropriations will depend on the new financial perspectives 2007-2013.

- Period of application: 2005 – 2006. The transitional phase begins in 2005. Although CEPOL is already operational, there will be a transitional phase starting from the entry into force of the Decision until current

staff is fully incorporated to the system of staff regulations and new staff is recruited accordingly, the new Director designated, the headquarters agreement with the host State signed, etc. The present legislative financial statement is calculated on the basis of 6 months for 2005, based on the assumption that the new Council Decision will not be approved and in force before mid-2005. A calculation based on a full year is made for the period from 2006 onward. The operational phase will begin 2006.

- Total operational expenditure up to 2010 : EUR 13,600 million.

- Administrative expenditure: EUR 11,900 million.

- Overall total commitments and payments : EUR 25,500 million.

- Overall human and technical resources : EUR 25,530 million.

- Total staff for operational and administrative work : 22.5.

COM(2004)0623
EUR-Lex