Where now for accountability in the EU?
01 November 2000
Every year since the Europol Drugs Unit (EDU) was set up in June 1993 the Council of the European Union produced an annual report on its activities that was adopted by the Justice and Home Affairs Council and made available to parliaments and citizens. In July 1999, with the completion of the ratification of the Europol Convention by all 15 national parliaments in the EU, Europol formally took over from the EDU and commenced its work. An unannounced change of policy then followed.
In April the Article 36 Committee received the Europol Annual Report after it had been agreed by the Europol Management Board (doc no 7728/00). The report was adopted by the Justice and Home Affairs Council on 29 May as an "A Point" (without debate, doc no 7728/2/00). When Statewatch applied to the Council for a copy of the document in May we were told that this version contained "operational" details and that a "public version" would be made available later in the year when it was sent to the European Parliament - it is not a classified document.
The "public version" did appear on the Europol website in September. However, this version is clearly marked "All rights reserved" under copyright and may not be reproduced in whole or part without the permission of Europol. This version is also punctuated by glossy pictures. It is available on: www.europol.eu.int
How the "secret" version compares with the "public" version
Statewatch obtained a copy of the report it was refused by the Council and the report that follows is taken from this version. It opens with a Foreword signed by Mr Jürgen Storbeck, the Director of Europol. This is very general but does express frustration with the Justice and Home Affairs Council over the delay in setting up the means for exchanging data with non-EU states and agencies: "It is regrettable that the European Union Council has not found itself able to give effect to these aspirations." Europol created the Cooperation Unit to deal with cooperation with third states and organisations. The delay was due to public concern over the nature of the data to be exchanged and the initial list of 23 non-EU countries to be involved which includes Turkey, Colombia and Peru.
At the end of 1999 Europol had 212 staff, 43 of whom were Liaison Officers from EU member states. Europol's budget was 6,452,195 euros in 1998, 18,896,000 in 1999 and 27,446,000 in 2000. The rise is partly due to Europol taking up its full range of activities from July 1999 and partly due to new roles it has been given (terrorism, trafficking in human beings, child pornography and counterfeiting of currency). The Europol HQ in the Hague, Netherlands has national Liaison Officers seconded to it who liaise with Europol National Units (ENUs) and the Heads of ENUs meet regularly. Europol is an international agency, not an EU agency, even though the EU set it up and EU member states pay for it.
The EDU and now Europol is directly engaged in controlled delivery of drugs operations - a role not covered by the Europol Convention which only authorises the gathering and analysis and dissemination of information and intelligence - "during 1999, the Drugs group moved from strategic to operational activities" and gives general details of some operations. In 1999 EU member states carried out 121 controlled deliveries a significant rise from the 46 in 1998. Of these 114 concerned drugs and 7 illegal immigration and trafficking in human beings.
Europol is also involved in trying to combat "illegal immigration" which is a "high priority" and "coordinated actions supported by Europol against.. networks led to several arrests and convictions".
Other tasks Europol undertakes include: combatting car theft and it has started a "second hand car project"; money laundering where it "works in close cooperation with the General Secretariat of the Council" (another example of where the Council - the 15 governments of the EU - is undermining the "separation of powers"<