Council act

of 28 November 2002

drawing up a Protocol amending the Convention on the establishment of a European Police Office (Europol Convention) and the Protocol on the privileges and immunities of Europol, the members of its organs, the deputy directors and the employees of Europol

(2002/C 312/01)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Convention on the establishment of a European Police Office(1), and in particular Article 43(1) thereof,

Having regard to the Protocol on the privileges and immunities of Europol, the members of its organs, the deputy directors and employees of Europol(2), and in particular Article 18 thereof,

Having regard to the initiative of the Kingdom of Belgium and the Kingdom of Spain(3),

Having regard to the Opinion of the European Parliament(4),

Having regard to the opinion of the Management Board,

CONSIDERING that the need to enable Europol's participation in joint investigation teams and to adopt measures allowing Europol to ask Member States to initiate investigations in specific cases has been explicitly foreseen in Article 30(2) of the Treaty on European Union,

CONSIDERING that Europol's participation in a support capacity in operational actions of joint investigation teams of the Member States requires an adjustment of the Protocol on the privileges and immunities of Europol, the members of its organs, the deputy directors and the employees of Europol,

HAS DECIDED to establish a Protocol, the text of which is attached, amending the Convention on the establishment of a European Police Office (Europol Convention) and the Protocol on the privileges and immunities of Europol, the members of its organs, the deputy directors and the employees of Europol, which has been signed today by the representatives of the governments of the Member States of the European Union,

RECOMMENDS that it be adopted by the Member States in accordance with their respective constitutional requirements.

Done at Brussels on 28 November 2002.

For the Council

The President

B. Haarder

(1) OJ C 316, 27.11.1995, p. 2.

(2) OJ C 221, 19.7.1997, p. 2.

(3) OJ C 42, 15.2.2002, p. 8.

(4) Opinion delivered 30 May 2002 (not yet published in the Official Journal).