PURPOSE: to establish a European Union agency for law
enforcement training (Cepol), repealing and replacing the Council Decision
2005/681/JHA.
PROPOSED ACT: Regulation of the European Parliament
and of the Council.
ROLE OF THE EUROPEAN PARLIAMENT: the European
Parliament decides in accordance with the ordinary legislative
procedure and on an equal footing with the Council.
BACKGROUND: Regulation (EU) No 543/2014
amending Council Decision 2005/681/JHA, which entered into force on
29 May 2014 transferred the seat of CEPOL from Bramshill in the
United Kingdom to Budapest in Hungary.
On 27 March 2013, the Commission made a proposal for a Regulation
updating the legal framework of the European Police Office
(Europol). This proposal pursued several aims, one of which being
merging CEPOL with Europol to create synergies between operational
law enforcement work and training activities.
The European Parliament and the Council did not
agree to the proposed merger of CEPOL with Europol. Instead, a
regulation moving the seat of CEPOL as an independent agency to
Budapest, Hungary, was adopted on 6 May 2014. Due to the opposition
to the proposed merger, other parts of the Europol proposal
relating to training were not discussed by the European Parliament
and the Council in detail.
This proposal for a Regulation draws except as
regards the question of merging CEPOL with Europol which has since
been decided by the co-legislators on preparatory work
carried out in 2011 and 2012 by the Commission on the modernisation
of CEPOL's legal basis. It therefore provides for a legal framework
for a new CEPOL with broader objectives and modernised governance,
which repeals and replaces CEPOL as established by Council Decision
2005/681/JHA.
IMPACT ASSESSMENT: the Commission conducted two impact
assessments of policy alternatives concerning Europol and
CEPOL.
The impact assessment on CEPOL was based on the two
policy objectives of:
(i) ensuring better quality, more joined-up and
more consistent training for a wider range of law enforcement
officers in cross-border crime issues;
(ii) establishing a framework to achieve this in
line with the Common Approach on EU decentralised
agencies.
The analysis of the overall impact led, in the context
of the Europol Regulation proposal, to a preferred policy option
which was the merger of CEPOL into Europol. However, given that the
European Parliament and the Council did not agree to the proposed
merger in May 2014, this proposal for a
regulation accordingly maintains CEPOL as an independent
agency, with its seat in Budapest. Any other option would, at
this point in time, generate additional costs and create
uncertainty for the Agency's future and its staff which would
adversely affect its ability to deliver on its
objectives.
CONTENT: this proposal aims to:
- give CEPOL the appropriate legal mandate and the
necessary resources to implement the
training effort set out in the Commission Communication
on European Law Enforcement Training
Scheme;
- improve the governance of CEPOL by seeking increased efficiency and aligning it with
the principles laid down in the Common Approach on EU decentralised
agencies.
(1) Implementation of a European approach to
training: in line with the
principles laid down in the Commission communication on
the European Law Enforcement Training Scheme (LETS), the
scope of CEPOLs mandate is broadened so that it can support,
develop, deliver and coordinate learning activities for law
enforcement officials of all ranks (not only police officers of
senior rank as is the case under the current CEPOL Decision ) as
well as to officers of customs and of other relevant services
dealing with cross-border issues.
The proposal envisages that the Agency will remain
network-based, bringing together the network of training institutes
of the Member States for the law enforcement officials and
liaising with a single National unit in each Member
State.
The objectives of CEPOL are updated and clarified so
that the Agency may:
- improve awareness and knowledge of international and
Union instruments, the institutions, agencies and bodies of the
European Union;
- encourage the development of the regional or bilateral
cooperation among the Member States; address specific criminal or
policing thematic areas where training at EU level can add value in
addition to the national level;
- provide appropriate and preliminary training sessions
for the participation in civilian missions in third
Countries.
(2) Improved governance:
the proposal improves the governance of CEPOL by streamlining
procedures, notably with respect to the Management Board and the
Executive Director, and by aligning CEPOL with the principles laid
down in the Common Approach on EU decentralised agencies, keeping
in mind that CEPOL, as a centre of EU learning activities, should
continue to rely on the network of the training institutes of the
Member States and liaise with a single National unit in each Member
State.
The Commission and the Member States are represented
on the Management Board of CEPOL.
Appointment procedure:
in line with the mandate of the Agency, the members of the
Management Board are appointed on the basis of their knowledge of
training for law enforcement officers, taking into
account relevant managerial, administrative and
budgetary skills. The Management Board will be advised by a
scientific committee on technical training issues (Scientific
Committee for Training).
Management Board tasks:
the Management Board is given the necessary powers, in particular
to establish the budget, verify its execution, adopt the
appropriate financial rules and planning documents, establish
transparent working procedures for decision-making by the Executive
Director of CEPOL, adopt the annual activity report, and appoint an
Executive Director.
In order to ensure efficient day-to-day functioning of
CEPOL, the Executive Director is its legal representative and
manager. The Executive Director is completely independent in
the performance of his/her tasks and ensures that CEPOL carries out
the tasks foreseen in this Regulation. In particular, the Executive
Director is responsible for preparing budgetary and planning
documents submitted for the decision of the Management
Board.
BUDGETARY IMPLICATION: the adoption of this Regulation
will have no additional financial implication.
An estimated EUR 6.092 million of staff costs
(excl. schooling fees) will be saved over the period 2016-2020 as a
result of the relocation from Bramshill to Budapest and the
difference in the correction coefficient between the United Kingdom
and Hungary. Schooling fees for children of CEPOLs staff will
constitute an additional cost of EUR 1.868 million over the same
period.
An estimated EUR 0.658 million will be saved as a
result of lower costs of building, equipment and management board
expenses over the same period.
The relocation of around 40 staff from CEPOLs
current site in Bramshill, United Kingdom, to the new site in
Budapest, Hungary, will have taken place before this proposal for a
Regulation enters into force.
In total, therefore, the budgetary impact of the
legislative proposal amounts to EUR 45.383 million for CEPOL, as
an independent Agency established in Budapest, over the period
2016-2020.