A European Police College (CEPOL) is hereby established. It shall be regarded as the successor of CEPOL, as established by Decision 2000/820/JHA.
Council Decision 2005/681/JHA of 20 September 2005 establishing the European Police College (CEPOL) and repealing Decision 2000/820/JHA
Council Decision 2005/681/JHA of 20 September 2005 establishing the European Police College (CEPOL) and repealing Decision 2000/820/JHA
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 30(1)(c) and Article 34(2)(c) thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament(1),
Whereas:
At its meeting in Tampere on 15 and 16 October 1999, the European Council agreed that a European Police College, hereinafter referred to as ‘CEPOL’, should be established to train senior officers of police forces.
The European Police College was established by Council Decision 2000/820/JHA(2).
It has become apparent that the functioning of CEPOL could be improved if it were financed from the general budget of the European Union and if the Staff Regulations of officials of the European Communities and the Conditions of employment of other servants of the European Communities applied to the Director and the staff of the CEPOL Secretariat.
The conclusions of the Council of 24 February 2005 therefore called for the aforementioned amendments to be implemented, which makes it necessary to repeal Decision 2000/820/JHA and to replace it by a new Council Decision concerning CEPOL.
CEPOL should continue to function as a network, linking national training institutes whose tasks include the training of senior police officers of the Member States, in accordance with the general principles as laid down in Decision 2000/820/JHA.
CEPOL should carry out its tasks by progressive stages in the light of the objectives set out in the annual work programmes and with due regard for available resources.
A number of technical changes are necessary in order to bring the structure of CEPOL in line with the procedures to be followed in the framework of the general budget of the European Union and of the Staff Regulations of officials of the European Communities and the Conditions of employment of other servants of the European Communities.
As regards other provisions, these are as far as possible based on Decision 2000/820/JHA.
The technical changes include amendments to the provisions dealing with the relations with third States, the functioning of the Governing Board, the tasks of the Director, the staff of the CEPOL Secretariat, the financial requirements, access to documents and evaluation.
In order to guarantee continuity, specific transitional provisions are required,
HAS DECIDED AS FOLLOWS:
CHAPTER I ESTABLISHMENT, LEGAL PERSONALITY AND SEAT
Article 1 Establishment
1.
2.
Without prejudice to future developments, CEPOL shall function as a network, by bringing together the national training institutes in the Member States whose tasks include the training of senior police officers, which shall cooperate closely to that end.
3.
CEPOL’s task shall be to implement the programmes and initiatives decided upon by the Governing Board.
Article 2 Legal personality
1.
CEPOL shall have legal personality.
2.
CEPOL shall enjoy in each Member State the most extensive legal and contractual capacity available to legal persons under national law. CEPOL may in particular acquire and dispose of movable or immovable property and be a party to legal proceedings.
3.
The Director shall represent CEPOL in all legal acts and obligations.
Article 3 Privileges and Immunities
The Protocol on the Privileges and Immunities of the European Communities shall apply to the Director of CEPOL and the staff of its Secretariat, with the exception of staff seconded from the Member States.