A Commission staff working document published on 26 June 2026, accompanying the proposal for a new Europol Regulation, concludes that EU action is necessary and proportionate to tackle cross-border crime, as Member States alone cannot address transnational threats. The subsidiarity grid, now circulated to the Council ahead of a 9 July 2026 meeting, argues that Europol provides essential central coordination, information sharing, and operational support without transferring executive powers from national authorities.
The document, prepared by the European Commission, outlines the legal basis under Article 88 TFEU and notes that Union competence is shared under Article 4(2)(j) TFEU. It emphasises that Europol's role remains supportive, with Member States retaining full responsibility for investigations and national security. The Commission consulted extensively between April 2025 and February 2026, including scoping discussions with COSI, the Europol Management Board, and national police chiefs, as well as a Call for Evidence, public consultation, thematic workshops, and an external study.
The Commission argues that the objectives of the regulation cannot be achieved by Member States alone due to the transnational nature of crime, information fragmentation, and the need for an EU-wide intelligence picture. Europol's added value is described as providing a central hub for information, operations, and technology, generating economies of scale and reducing duplication. An evaluation covering 2017-2024 confirmed Europol's unique role. The regulation is deemed proportionate as it does not confer coercive powers on Europol, and a regulation is chosen as the instrument to ensure uniform application, with incremental amendments deemed insufficient for the substantial changes proposed.
The subsidiarity grid sets the stage for Council deliberations on the proposed regulation, which aims to update Europol's mandate and capabilities. The document does not introduce new policy measures but formally justifies the EU-level action, reinforcing the Commission's position that centralised coordination is essential while respecting national sovereignty in law enforcement.