Awaiting Parliament 1st reading / single reading / budget 1st stage
Next event: Indicative plenary sitting date, 1st reading/single reading 2015/07/07
Role | Committee | Rapporteur | Shadows |
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Opinion | BUDG | GEIER Jens (S&D) | |
Lead | LIBE | GÁL Kinga (EPP) | KIRKHOPE Timothy (ECR), DE JONG Dennis (GUE/NGL) |
Legal Basis TFEU 087-p2
Activites
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2015/07/07
Indicative plenary sitting date, 1st reading/single reading
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2015/03/12
Committee report tabled for plenary, 1st reading/single reading
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2015/02/24
Vote in committee, 1st reading/single reading
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2014/09/15
Committee referral announced in Parliament, 1st reading/single reading
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2014/07/16
Legislative proposal published
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COM(2014)0465
summary
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 CEPOL’s 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 CEPOL’s 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 CEPOL’s 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.
- DG {'url': 'http://ec.europa.eu/justice/', 'title': 'Justice'}, JOUROVÁ Věra
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COM(2014)0465
summary
Documents
- Legislative proposal published: COM(2014)0465
Amendments | Dossier |
56 |
2014/0217(COD)
2015/01/13
LIBE
56 amendments...
Amendment 17 #
Proposal for a regulation Recital 4 (4) The development of Union level training for law enforcement personnel to support
Amendment 18 #
Proposal for a regulation Recital 6 (6) To ensure that Union level training for law enforcement personnel is of high quality, coherent and consistent, CEPOL should strive to structure it in line with the principles of the Law Enforcement Training Scheme, whilst putting particular emphasis on the jurisprudence of the European Court of Human Rights with regard to the protection of human rights and fundamental freedoms in the context of law enforcement. Union-level training should be available to law enforcement officers of all ranks. CEPOL should ensure that training is evaluated and that conclusions from training needs assessments are part of planning to enhance effectiveness of future actions. CEPOL should promote the recognition in Member States of training provided at Union level.
Amendment 19 #
Proposal for a regulation Recital 6 a (new) (6a) Training staff in countries which are the first stop for migrants and receive the bulk of these migratory flows, due to their geographical location, should be a priority.
Amendment 20 #
Proposal for a regulation Recital 7 (7) To avoid duplication in the training activities for the competent law enforcement personnel, which are carried out by existing European Union Agencies and other relevant bodies, CEPOL should assess strategic training needs and address Union priorities in the area of internal security and its external aspects, in line with the Treaties and the secondary legislation of the Union and the relevant policy cycles.
Amendment 21 #
Proposal for a regulation Recital 8 (8) To achieve its objectives, CEPOL, as a centre of Union learning activities, should maintain and encourage cooperation with the network of the training institutes of the Member States. It should further be supported by a ‘National Unit’ in each Member State. The activities of the National Units should be
Amendment 22 #
Proposal for a regulation Recital 9 (9) The Commission and the Member States should be represented within the Management Board of CEPOL in order to supervise effectively the exercise of its functions. The
Amendment 23 #
Proposal for a regulation Recital 11 (11) To ensure the scientific quality of CEPOL’s work, a Scientific Committee, composed of independent persons of the highest academic or professional standing in the subjects covered by this Regulation, should be set up as an independent advisory body. The Members of the Scientific Committee should be appointed by the Management Board following a transparent call for applications and selection procedure to be published in the Official Journal of the European Union.
Amendment 24 #
Proposal for a regulation Recital 11 (11) To ensure the scientific quality of
Amendment 25 #
Proposal for a regulation Recital 15 a (new) (15a) It is important to seek the most efficient solutions for the location of agencies, and, whilst fully respecting the fundamental need to maintain CEPOL´s complete independence, it is logical to locate CEPOL in the Hague, the Netherlands, being the seat of EUROPOL, EU´s main agency for police co-operation.
Amendment 26 #
Proposal for a regulation Article 1 – paragraph 1 1. A European Union Agency for Law Enforcement Training (CEPOL)
Amendment 27 #
Proposal for a regulation Article 1 – paragraph 1 1. A European Union Agency for Law Enforcement Training (CEPOL) is hereby established in order to foster a coherent European law enforcement training policy and to strengthen the fundamental rights dimension of European law enforcement training.
Amendment 28 #
Proposal for a regulation Article 2 – point a (a) ‘Law enforcement
Amendment 30 #
Proposal for a regulation Article 3 – paragraph 1 – introductory part 1. CEPOL shall support, develop and coordinate training for law enforcement offic
Amendment 31 #
Proposal for a regulation Article 3 – paragraph 1 – introductory part 1. CEPOL shall support, develop and
Amendment 32 #
Proposal for a regulation Article 3 – paragraph 1 – introductory part 1. CEPOL shall support, develop and coordinate training for law enforcement officers,
Amendment 33 #
Proposal for a regulation Article 3 – paragraph 1 – point a Amendment 34 #
Proposal for a regulation Article 3 – paragraph 1 – point a – point i (i) international and Union instruments and activities on
Amendment 35 #
Proposal for a regulation Article 3 – paragraph 1 – point a – point ii (ii) Union bodies, in particular Europol, Eurojust
Amendment 36 #
Proposal for a regulation Article 3 – paragraph 1 – point a – point iii a (new) (iiia) fundamental rights aspects of law enforcement cooperation, including privacy, data protection and the rights, support and protection of victims; including safeguarding the rights of victims of gender based violence (GBV);
Amendment 37 #
Proposal for a regulation Article 3 – paragraph 1 – point a a (new) (aa) promote a common respect for and understanding of fundamental and human rights, as crucial elements of common police ethics, especially regarding the rights of crime victims, witnesses and suspects or accused persons;
Amendment 38 #
Proposal for a regulation Article 3 – paragraph 1 – point b Amendment 39 #
Proposal for a regulation Article 3 – paragraph 1 – point c Amendment 40 #
Proposal for a regulation Article 3 – paragraph 1 – point d Amendment 41 #
Proposal for a regulation Article 3 – paragraph 1 – point e Amendment 42 #
Proposal for a regulation Article 3 – paragraph 1 – point f Amendment 43 #
Proposal for a regulation Article 3 – paragraph 1 – point a a (new) (aa) strengthening cooperation networks of law enforcement agencies in managing flows of illegal immigration;
Amendment 44 #
Proposal for a regulation Article 3 – paragraph 2 Amendment 45 #
Proposal for a regulation Article 3 – paragraph 3 Amendment 46 #
Proposal for a regulation Article 3 – paragraph 4 Amendment 47 #
Proposal for a regulation Article 3 a (new) Article 3a Activities of CEPOL shall raise awareness and knowledge of international and Union instruments on law enforcement cooperation, Union bodies, in particular Europol, Eurojust and Frontex, their functioning and role and judicial aspects of law enforcement cooperation.
Amendment 48 #
Proposal for a regulation Article 4 – paragraph 1 1. CEPOL shall
Amendment 49 #
Proposal for a regulation Article 4 – paragraph 2 – point b (b) common curricula to raise awareness and knowledge, address gaps and/or facilitate a common approach in relation to cross-border criminal phenomena, in particular with regard to terrorism, cybercrime, financial investigation, and participation in Union missions;
Amendment 50 #
Proposal for a regulation Article 4 – paragraph 5 5. CEPOL may engage in communication activities on its own initiative in the fields within its mandate.
Amendment 51 #
Proposal for a regulation Article 4 a (new) Article 4a CEPOL shall prepare multi-annual strategic training needs analyses and multi-annual learning programmes.
Amendment 52 #
Proposal for a regulation Article 4 b (new) Article 4b CEPOL shall develop and regularly update learning tools and methodologies and apply these in a lifelong learning perspective to strengthen the skills of law enforcement officers. CEPOL shall evaluate the results of these actions with a view to enhancing the quality, coherence and effectiveness of future actions.
Amendment 53 #
Proposal for a regulation Article 4 c (new) Article 4c CEPOL shall bring together Member States’ training institutes for law enforcement officers in order to create a network. It shall liaise with a single National unit in each Member State functioning within the network, and all other competent authorities in the Member States whose tasks include the training of law enforcement officers.
Amendment 54 #
Proposal for a regulation Article 4 d (new) Article 4d The learning activities referred to in Article 3 (1) shall be implemented by CEPOL in cooperation with the network of training Institutes of the Member States in accordance with the financial rules applicable to CEPOL.
Amendment 55 #
Proposal for a regulation Article 5 – paragraph 1 1. CEPOL shall contribute to the development of research relevant for training activities covered by this Regulation particularly with regard to fundamental rights, the fight against serious crime and more general cross border criminal matters in training activities.
Amendment 56 #
Proposal for a regulation Article 6 – paragraph 3 – introductory part 3. The Heads of the
Amendment 57 #
Proposal for a regulation Article 6 – paragraph 3 – point b (b) organise and coordinate appropriate nominations of participants for activities at the national level in a t
Amendment 58 #
Proposal for a regulation Article 6 – paragraph 4 4. Each Member State shall structure the organisation and the staff of the national unit according to its national legislation, taking into account this Regulation and the Treaties applicable in each case.
Amendment 59 #
Proposal for a regulation Article 8 – paragraph 3 3. Members of the Management Board and their alternates shall be appointed in the light of their knowledge in the field of training for law enforcement officers, taking into account relevant managerial,
Amendment 60 #
Proposal for a regulation Article 8 – paragraph 4 4. The term of office for members and alternate members shall be four years. That term shall be extendable twice only.
Amendment 61 #
Proposal for a regulation Article 13 – paragraph 2 2. Each member with voting rights shall have one vote. In the absence of a member with the right to vote, his/her alternate shall be entitled to exercise his/her right to vote, only if having a mandate from the member with the right to vote. .
Amendment 62 #
Proposal for a regulation Article 14 – paragraph 2 2.
Amendment 63 #
Proposal for a regulation Article 14 – paragraph 3 3. The E
Amendment 64 #
Proposal for a regulation Article 14 – paragraph 5 – introductory part 5. The Executive Director shall be responsible for the implementation of the tasks assigned to CEPOL by this Regulation
Amendment 65 #
Proposal for a regulation Article 15 – paragraph 2 2. The Scientific Committee for Training shall be composed of 11 persons of the highest academic or professional standing in the subjects covered by Articles 3 and 4 of this Regulation, in particular with regard to the protection of human rights and fundamental freedoms in the context of law enforcement. The Management Board shall appoint the members following a transparent call for applications and selection procedure to be published in the Official Journal of the European Union. The members of the Management Board shall not be members of the Scientific Committee for Training. The members of the Scientific Committee for Training shall be independent. They shall neither seek nor take instructions from any government, nor from any other body.
Amendment 66 #
Proposal for a regulation Article 18 – paragraph 2 2. Each year the Executive Director shall send to the budgetary authority all information relevant to the findings of any evaluation procedures and also notify the Court of Auditors.
Amendment 67 #
Proposal for a regulation Article 24 – paragraph 1 1. CEPOL shall be a body of the European Union. It shall have legal personality.
Amendment 68 #
Proposal for a regulation Article 24 – paragraph 3 3. The provisional seat of CEPOL shall be in Budapest, Hungary.
Amendment 69 #
Proposal for a regulation Article 24 – paragraph 3 3. The seat of CEPOL shall be in
Amendment 70 #
Proposal for a regulation Article 24 – paragraph 3 a (new) 3a. The Commission shall present, no later than two years after the date of application of this Regulation, a cost- benefit analysis and an impact assessment on the provisional seat as compared to The Hague as an alternative scenario and, if appropriate, a legislative proposal to amend paragraph 3 accordingly.
Amendment 71 #
Proposal for a regulation Article 31 – paragraph 1 1. No later than
Amendment 72 #
Proposal for a regulation Article 34 – paragraph 1 1. The necessary arrangements concerning the accommodation to be provided for CEPOL in
source: 546.597
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History
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