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Police and customs cooperation

Outline of the Community (European Union) legislation about Police and customs cooperation

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These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Justice freedom and security > Police and customs cooperation

Police and customs cooperation

The protection of citizens requires better mutual assistance and exchanges of information between the law enforcement agencies of Member States. In particular, it is imperative that cooperation between national police as well as customs authorities be stepped-up to effectively fight crime at both local and European levels.
Mutual assistance between police services is based on bodies such as Europol and the European Police College (Cepol). Customs cooperation is based on the Naples II Convention.
In addition, various instruments have been put in place to achieve police and customs cooperation targets. These include the specific programme “Prevention of and fight against crime”, the Customs 2013 programme and the modernised customs code.

POLICE COOPERATION

Standing Committee on operational cooperation on internal security
Cooperation between special intervention units
Stepping up cross-border cooperation (Prüm Decision)
Cooperation in criminal matters: protection of personal data
Simplifying the exchange of information between law enforcement authorities
Joint investigation teams
Sharing of information on terrorist kidnappings
A global approach to PNR data transfers
Information management in the area of freedom, security and justice
The external dimension of the area of freedom, security and justice
Exchange of information between the law enforcement authorities of the Member States
Enhancing police and customs cooperation in the European Union
Improved effectiveness, enhanced interoperability and synergies between European databases

Action programmes

Specific programme: Preventing and combating crime (2007-2013)
Framework programme concerning police and judicial cooperation in criminal matters (AGIS)
Robert Schuman project (1998-2000)

Europol

European Police Office – Europol (from 1.1.2010)
Access to the Visa Information System (VIS) by the national authorities and Europol
Protecting the euro against counterfeiting: the role of Europol
The European Police College (CEPOL)
Secretariat for the joint supervisory data-protection bodies
Democratic control over Europol
Transmission of personal data by Europol
Europol: European Police Office (until 31.12.2009)

Maintaining public order and safety

European network for the protection of public figures
Security in connection with football matches with an international dimension
Exchange of information on movements of groups
Prevention and control of hooliganism

CUSTOMS COOPERATION

Customs 2013 (2008-2013)
Action programme: Customs 2007 (2003-2007)
Money laundering: prevention through customs cooperation
International convention on the simplification and harmonisation of customs procedures
Convention on mutual assistance and cooperation between customs administrations (Naples II)
Strategy for the evolution of the Customs Union
The role of customs in the integrated management of external borders
Strategy for the Customs Union

Agreements with non-EU countries

Customs Agreement with Japan
Agreement with China
Agreement with India
Agreement with Hong Kong
Agreement with Canada
Agreement with the Republic of Korea

The European Police College

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The European Police College

Outline of the Community (European Union) legislation about The European Police College

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Justice freedom and security > Police and customs cooperation

The European Police College (CEPOL)

Document or Iniciative

Council Decision 2005/681/JHA of 20 September 2005 establishing the European Police College (CEPOL) and repealing Decision 2000/820/JHA.

Summary

CEPOL was initially set up by a Council Decision of 22 December 2000. The report on its first three years of operation revealed several difficulties. In its conclusions of 24 February 2005, the Council called for improvements in the functioning of the European Police College (CEPOL): it was apparent that CEPOL could operate more effectively if it were financed from the general budget 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 staff of CEPOL. This decision establishes a European Police College as the successor to CEPOL, which was set up by Decision 2000/820/JHA. The decision confers on CEPOL the status of an agency financed from the budget of the European Communities. It lays down transitional measures on general legal succession.

Organisation of CEPOL

CEPOL takes the form of a network of national training institutes for senior police officers. It is administered by a Governing Board and a Director. A general secretariat carries out the administrative tasks.

The Governing Board is made up of directors of national training institutes. Each national delegation (consisting of one or more directors of national training institutes) has one vote on the Governing Board. Representatives of the General Secretariat of the Council, the Commission and Europol may take part in meetings of the Governing Board as non-voting observers.

The Governing Board shall act by a two-thirds majority of its members, except as regards the draft budget to be submitted to the Commission, which requires unanimity. It adopts programmes, training modules, common learning methods and the CEPOL annual report. It also adopts the decision appointing the Director.

The Director is appointed by the Governing Body from a list of at least three candidates. He is responsible for the day-to-day management of CEPOL. He also implements the budget, maintains contact with the relevant services in the Member States and coordinates implementation of the work programme. He is subject to the Staff Regulations of officials of the European Communities and the Conditions of employment of other servants of the European Communities.

The Secretariat assists CEPOL with administrative tasks and with implementing the annual programme. The staff of the Secretariat is subject to the Staff Regulations of officials of the European Communities and the Conditions of employment of other servants of the European Communities.

CEPOL enjoys legal and contractual capacity. The Director of CEPOL is its legal representative. The seat of CEPOL is in Bramshill, United Kingdom.

Financing CEPOL from the EU budget

CEPOL is financed by the Community budget. The expenditure financed from the Community budget includes staff, administrative, infrastructure and operational expenses. By 31 March each year at the latest, the Governing Board adopts the draft budgetary estimate and forwards it to the Commission and to the budgetary authority (the European Parliament and the Council) together with the preliminary draft budget of the European Union. The budgetary authority decides on the final CEPOL budget.

Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) applies without restriction to CEPOL. CEPOL abides by other provisions on the fight against fraud such as interinstitutional agreements in the area.

This Decision applies from 1 January 2006. Every five years from that date, the Governing Board shall commission an independent external evaluation of the implementation of this Decision.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Council Decision 2005/681/JAI	1.1.2006	–	OJ 256 of 1.10.2005

Access to the Visa Information System by the national authorities and Europol

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Access to the Visa Information System by the national authorities and Europol

Outline of the Community (European Union) legislation about Access to the Visa Information System by the national authorities and Europol

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Justice freedom and security > Police and customs cooperation

Access to the Visa Information System (VIS) by the national authorities and Europol

Document or Iniciative

Council Decision 2008/633/JHA of 23 June 2008 concerning access for consultation of the Visa Information System (VIS) by designated authorities of Member States and by Europol for the purposes of the prevention, detection and investigation of terrorist offences and of other serious criminal offences.

Summary

The designated national authorities responsible for the prevention, detection or investigation of terrorist or other serious criminal offences and Europol officials are authorised to access VIS data.

Access by the national authorities

The operating units within the designated national authorities may access VIS data through central access points assigned by Member States. Access to the data is applied for on a case-by-case basis with reasoned written or electronic requests. The requests are verified and processed by the central access points prior to querying the VIS. They transfer the data obtained from the query to the operation units. Only in urgent cases may the requests be submitted in written, electronic or oral form, with the verifications carried out ex-post.

The authorities designated by Member States are authorised to consult the VIS within the limits of their powers, provided that:

it is necessary for the purpose of investigating, preventing or detecting serious criminal offences;
it is necessary due to a specific case;
there are reasonable grounds for believing that the consultation will contribute to the prevention, detection or investigation of a serious criminal offence.

VIS data, which may be used for the search, are limited to:

surname, surname at birth, first names, sex and date, place and country of birth;
current nationality and nationality at birth of the visa applicant;
type and number of the travel document, the authority that issued it and the date of issue and expiry;
main destination and duration of the intended stay;
purpose of travel, and intended date of arrival and departure;
intended border of first entry or transit route;
residence;
fingerprints;
type of visa and number of the visa sticker;
details of the person that has either issued an invitation for the visa applicant or is liable for the applicant’s subsistence costs during his/her stay.

If the search with any of the above data is successful, the authorities may in addition access other data. This includes any other data on the visa application, photographs and any supplementary information added onto the application when the visa was issued, refused, annulled, revoked or extended.

Access by Europol

Access to the VIS for consultation by Europol takes place within the limits of that organisation’s mandate.

The officials of a specialist unit designated by Europol act as the central access point authorised to consult the VIS.

Processing of information obtained by Europol via the VIS is subject to the consent of the Member State that entered the data in question.

Protection of personal data

Personal data are processed by:

the national authorities as provided by national law, with a level of protection comparable to that granted by the Council of Europe Convention of 28 January 1981 for the Protection of Individuals with regard to Automatic Processing of Personal Data;
Europol by virtue of the Europol Convention and the rules adopted for its implementation, under the supervision of the independent joint supervisory body.

Only in urgent cases, and for the purpose of preventing and detecting terrorist and other serious offences, may personal data be transferred to third-countries or to international organisations. However, in such cases, the consent of the Member State that entered the data into the VIS must be obtained.

Member States are responsible for adopting security measures to guarantee data security during transmission and retrieval. Similarly, they must take measures that provide for administrative and criminal penalties if the use of VIS data contravenes with this Decision.

VIS data may be kept in national files only in individual cases and only for the duration necessitated by that particular case.

Each Member State and Europol must keep records of all data processing operations so that checks can be made to ensure that operations are lawful. These records must be deleted one year after the expiry of the retention period referred to in Regulation (EC) No 767/2008.

Costs

Each Member State and Europol is to set up and maintain, at their expense, the technical infrastructure necessary to implement this Decision. They are also to bear the costs of accessing the VIS.

Monitoring and evaluation

Two years after the VIS starts operating, and every two years thereafter, the Management Authority referred to in Regulation (EC) No 767/2008 will submit to the European Parliament, the Council and the Commission a report on the technical aspects of its operations. Pending the Management Authority becoming operational, the Commission will be responsible for the task.

Three years after the VIS starts operating, and every four years thereafter, the Commission will produce an overall evaluation of the system.

Background

The VIS, which allows Member States to exchange visa data, was established by Council Decision 2004/512/EC of 8 June 2004. It not only contributes to the implementation of the common visa policy, but also to the Union’s internal security and especially to the fight against terrorism.

On 7 March 2005, the Council adopted conclusions stating that the authorities of the Member States responsible for internal security should be guaranteed access to the VIS “in order to achieve fully the aim of improving internal security and the fight against terrorism”.

This Decision follows from these conclusions. It builds on the bridging clause contained in Article 3 of Regulation (EC) No 767/2008 on the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation) by establishing the legal basis for the national authorities’ and Europol’s access to the VIS.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Council Decision 2008/633/JHA	2.9.2008	–	OJ L 218 of 13.8.2008

Another Normative about Access to the Visa Information System by the national authorities and Europol

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These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic

Justice freedom and security > Fight against terrorism

Access to the Visa Information System (VIS) by the national authorities and Europol

Document or Iniciative

Summary

The designated national authorities responsible for the prevention, detection or investigation of terrorist or other serious criminal offences and Europol officials are authorised to access VIS data.

Access by the national authorities

The authorities designated by Member States are authorised to consult the VIS within the limits of their powers, provided that:

it is necessary for the purpose of investigating, preventing or detecting serious criminal offences;
it is necessary due to a specific case;
there are reasonable grounds for believing that the consultation will contribute to the prevention, detection or investigation of a serious criminal offence.

VIS data, which may be used for the search, are limited to:

surname, surname at birth, first names, sex and date, place and country of birth;
current nationality and nationality at birth of the visa applicant;
type and number of the travel document, the authority that issued it and the date of issue and expiry;
main destination and duration of the intended stay;
purpose of travel, and intended date of arrival and departure;
intended border of first entry or transit route;
residence;
fingerprints;
type of visa and number of the visa sticker;
details of the person that has either issued an invitation for the visa applicant or is liable for the applicant’s subsistence costs during his/her stay.

Access by Europol

Access to the VIS for consultation by Europol takes place within the limits of that organisation’s mandate.

The officials of a specialist unit designated by Europol act as the central access point authorised to consult the VIS.

Processing of information obtained by Europol via the VIS is subject to the consent of the Member State that entered the data in question.

Protection of personal data

Personal data are processed by:

the national authorities as provided by national law, with a level of protection comparable to that granted by the Council of Europe Convention of 28 January 1981 for the Protection of Individuals with regard to Automatic Processing of Personal Data;
Europol by virtue of the Europol Convention and the rules adopted for its implementation, under the supervision of the independent joint supervisory body.

VIS data may be kept in national files only in individual cases and only for the duration necessitated by that particular case.

Costs

Each Member State and Europol is to set up and maintain, at their expense, the technical infrastructure necessary to implement this Decision. They are also to bear the costs of accessing the VIS.

Monitoring and evaluation

Three years after the VIS starts operating, and every four years thereafter, the Commission will produce an overall evaluation of the system.

Background

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Council Decision 2008/633/JHA	2.9.2008	–	OJ L 218 of 13.8.2008

European Police Office – Europol

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European Police Office – Europol

Outline of the Community (European Union) legislation about European Police Office – Europol

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Justice freedom and security > Police and customs cooperation

European Police Office – Europol (from 1.1.2010)

Document or Iniciative

Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol).

Summary

This decision establishes the European Police Office (Europol) to support and strengthen mutual cooperation between Member States in preventing and combating terrorism and organised crime, including other forms of serious crime. Europol is based in The Hague, the Netherlands, and has legal personality.

Europol has competence in situations where two or more Member States are in need of a common approach to tackle organised crime, terrorism and other forms of serious crime. These also include related criminal offences.

Tasks of Europol

The main tasks of Europol are to:

collect, store, process, analyse and exchange information;
notify Member States of any connections between criminal offences concerning them;
assist Member States in investigations and provide intelligence and analytical support;
request Member States to initiate, conduct or coordinate investigations in specific cases and suggest the setting up of joint investigation teams;
draft threat assessments and other reports.

Based on Decision 2005/511/JHA on protecting the euro against counterfeiting, Europol is also designated as the central office to combat counterfeiting of the euro.

In matters where Europol has competence, its staff may participate in joint investigation teams. However, they may act only in a supportive capacity and may not take any coercive measures. The staff may provide information processed by Europol directly to the members of joint investigation teams.

National units

Each Member State is to designate a national unit to act as the sole liaison body between the competent authorities of its Member State and Europol. Only under conditions determined by the Member State in question may direct contact be permitted. Each national unit is to second at least one liaison officer to Europol, who will make up a national liaison bureau. These officers are to represent the interests of their national units and facilitate information exchanges between these units and Europol.

Information processing systems

Europol may process information and intelligence, including personal data, for the purpose of carrying out its tasks. To this end, a Europol Information System and analysis work files are established. Data entered into the system may concern persons who either have committed or are suspected of planning a criminal offence. It may consist of data relating directly to the person (name, nationality, social security number, etc.) and the offence committed. National units, liaison officers and Europol staff may input and retrieve data directly from the system. The designated competent authorities of Member States may merely search the system to ascertain that the data which they are requesting is available. Analysis work files may be opened by Europol to assemble, process and use data needed to assist in criminal investigations. In addition to the data on persons who have committed or are suspected of committing an offence, the files may contain data on witnesses, victims as well as contacts and associates of the offender.

Personal data

Any personal data retrieved from Europol may only be used by the competent authorities of Member States for the purpose of preventing and combating crimes. Europol may only use personal data to carry out its tasks. A Member State or third country or body may lay down further restrictions to the use of certain types of data it has communicated.

Europol may only hold data in data files for as long as is necessary for the performance of its tasks. Three years after input at the latest, the necessity for storing the data is reviewed. A data protection officer will ensure that personal data is processed lawfully.

Any person has the right to request a check of or access to personal data concerning him/her. In case the data is incorrect, the data subject has the right to request that it be corrected or deleted.

A national supervisory body in each Member State monitors that the input, retrieval and communication of personal data by its Member State is lawful. The joint supervisory body ensures the lawfulness of the storage, processing, use and transmission of personal data by Europol.

Relations with partners

Europol may cooperate with other European Union (EU) or Community institutions, bodies, offices and agencies when carrying out its tasks, in particular with Eurojust, the European Anti-Fraud Office (OLAF), the European External Borders Agency (Frontex), the European Police College (CEPOL), the European Central Bank (ECB) and the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA).

As determined by the Council, Europol may also cooperate with third countries and organisations, including the International Criminal Police Organisation (Interpol).

Organisation

The management board is the decision-making body of Europol. It consists of one representative from each Member State and one representative from the Commission, with each member having one vote. The director, who is the legal representative of Europol, is in charge of the organisation’s daily management. S/he is appointed by the Council for a period of four years, extendable once.

Europol is financed from the general budget of the EU.

Background

Europol was originally established on the basis of the Europol Convention of 1995. In order to simplify the administration of Europol and to reform it when necessary, a proposal was adopted in 2006 to replace the convention by this decision.

References

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Decision 2009/371/JHA	4.6.2009	1.1.2010 (4.6.2009 for the second subparagraph of Article 57(2) and Articles 59, 60 and 61)	OJ L 121 of 15.5.2009

Enhancing police and customs cooperation in the European Union

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Enhancing police and customs cooperation in the European Union

Outline of the Community (European Union) legislation about Enhancing police and customs cooperation in the European Union

Topics

These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Justice freedom and security > Police and customs cooperation

Enhancing police and customs cooperation in the European Union

Document or Iniciative

Communication from the Commission to the European Parliament and the Council: enhancing police and customs cooperation in the European Union [COM (2004) 376 final – Not published in the Official Journal].

Summary

Area of security: On 18 May 2004 the European Commission adopted a communication to enhance police and customs cooperation. It recommends increasing information exchange and strengthening cross-border cooperation. It was considered necessary to create a common culture and common instruments and methods. The need to make progress in this policy area is highlighted by the challenges of today’s world, in particular combating terrorism. The Commission focuses on the following factors that adversely affect police and customs cooperation:

the nature of police work;
the lack of a strategic approach;
the proliferation of non-binding instruments;
the decision-making procedures in the Third Pillar;
insufficient implementation of legal instruments adopted by the Council;
the lack of empirical research on police and customs cooperation;
databases and communication systems.

The Commission analyses police and customs cooperation in the European Union since the entry into force of the Treaty of Amsterdam in 1999. It focuses exclusively on cooperation between Member States’ police and customs authorities in combating crime. The Communication does not address matters relating to judicial cooperation, administrative assistance in customs matters under the First Pillar and preventive measures, or does so only to a limited degree, Police cooperation within the Union supplements existing bilateral cooperation between Member States. The AGIS programme provides financial support for police and customs cooperation within the European Union.

POLICE COOPERATION

The Commission covers and assesses the achievements of the police and other competent services in the context of Schengen cooperation, Europol, police cooperation at operational level, the European Police College (CEPOL) and other areas mentioned in Article 30 of the Treaty on European Union (TEU), such as investigative techniques and combating terrorism.

The Schengen Convention

The Treaty of Amsterdam incorporated the Convention implementing the Schengen Agreement of 1990 into the framework of the European Union. The aim of Schengen is to abolish checks at the common border on the movement of persons. Police cooperation appears as one of the complementary measures to safeguard internal security. Member States are subject to a number of obligations regarding police cooperation at the external borders of the Schengen territory (land, international airports and sea) to counteract any security deficit caused by the abolition of checks at the internal borders. The Vienna Action Plan of 1998 and the Conclusions of the 1999 Tampere European Council further underpin this area of freedom, security and justice.

The Commission takes stock of the articles in the Schengen Convention that it considers most relevant to police cooperation:

Article 39 stipulates that Member States’ police authorities are to assist each other to prevent and detect criminal offences. It finds that disputes occur because the competences of police in the different Member States differ widely. Nevertheless, it considers that bilateral and trilateral cooperation between Member States on the establishment of cooperation and information exchange structures in the form of Joint Police Stations and Police and Customs Cooperation Centres (PCCC) at internal frontiers has made good progress. Such cooperation centres have proved effective in addressing the “security deficits” in border regions caused by the abolition of border controls and the fact that law-enforcement services’ intervention has to stop at the internal borders. The Vienna Action Plan calls for the extension of such cross-border cooperation;
Article 44 seeks to improve communication links such as telephone, fax, computers in border areas. Since no data are available for cross-border operations, the Commission cannot assess whether real communication needs remain unattended but considers that the main obstacle to radio communications is a lack of interoperable communication systems;
Article 45 stipulates that Member States must undertake to adopt the necessary measures to ensure that non-nationals complete and sign registration forms and confirm their identity by providing a valid identity document. This information can be crucial for the police. It is unclear to the Commission precisely how Member States implement this obligation and how the information is used in law-enforcement practice. It therefore considers that the matter needs to be discussed in the Council;
Article 46 gives police authorities the right to exchange information with another Member State on their own initiative to prevent crime and threats to public order. In practice, it is not known whether the right is exercised. The Commission therefore proposes that the Council examine this question;
Articles 93
et seq. are intended to maintain public order and security, including security of the State, through information exchange via the Schengen Information System (SIS).

En 1999, ten Member States were using the SIS and their number has now grown to 17. The current SIS was conceived for only 18 users and the ten Member States that acceded on 1 May 2004 must be connected in the future. The Commission has therefore been entrusted with the development of a second-generation SIS (SIS II). It considers that the SIS is crucial to police cooperation in Europe;

The other articles of the Schengen Convention establish cooperation instruments concerning discreet surveillance of a suspect (Article 40) and where a person is caught in the act and avoids arrest by crossing international borders (Articles 41-43). The Commission finds that these instruments are rarely used.

Cooperation within Europol

Various measures concerning Europol that are listed in the TEU and the Vienna Action Plan have been implemented, producing mixed results, however. For example, a protocol extending Europol’s competence to money laundering was adopted by the Council in 2000, but nine Member States had yet to ratify it on the date of the Communication. Moreover, the reluctance of Member States to transmit information and intelligence to Europol is hampering its operational development. The Communication reviews progress achieved through signing cooperation agreements with third countries, such as the United States, following the events of 11 September. The Commission notes that a key prerequisite for Europol’s effective functioning will be the existence of the Europol Information System (EIS), which Europol has been working on for the past few years. The EIS will allow decentralised storage and retrieval of information on organised crime held by Member States. The Commission has made recommendations to improve democratic control of Europol. It takes the view that an awareness programme is essential to improve mutual understanding and cooperation between Europol and the Member States’ law-enforcement services.

The Task Force of EU Police Chiefs

The Tampere European Council called for the establishment of a “European Police Chiefs Operational Task Force” (TFPC) to exchange experience, best practices and information on current trends in cross-border crime, in cooperation with Europol. It meets twice a year. It has taken a large number of initiatives, particularly regarding the protection of the euro, which have, however, failed to lead to an operational added value at EU level. The Commission explains this lack of effectiveness by the fact that leading police officials of the Member States usually have to deal with a great number of issues, so that European issues are only one of many priorities. In addition, there are considerable differences in the competences of police representatives. In some Member States there is one national head of police, whereas in countries with federal systems the representation is quite complex. In addition, organisational weaknesses have added to the problems of the TFPC’s work: since only one meeting of the Task Force is held per Council Presidency, agendas are overloaded, which does not make for effective work. Nevertheless, TFPC meetings are considerably improving bilateral contacts. A meeting in March 2004 discussed a reflection document dealing with the future of the TFPC in the light of the proposals set out in the Treaty on a Constitution for Europe.

The European Police College

By decision of 22 December 2000 [Official Journal L 336 of 30 December 2000] the Council established the European Police College (CEPOL). CEPOL assists the national police in increasing their knowledge of the operational structures of police in other Member States. In addition it aims to improve mutual understanding of Europol and police cooperation in the EU and at international level.

CEPOL has had a difficult beginning: it lacked a budget, did not have legal personality and faced administrative difficulties. By decision of 24 July 2004 the Council gave CEPOL legal personality [Decision 2004/556/JAI, Official Journal L 251 of 27 July 2004]. Despite the institution’s difficult beginning considerable progress has been achieved in the following areas:

its range of specialised training is constantly increasing, extending from cooperation in counter-terrorism to public order and border control at the Union’s internal frontiers, etc.;
it has set up its own CEPOL website;
it has established the European Police Learning Network (EPLN), an Internet site offering virtual police training. The Commission has supported the development of the EPLN through the OISIN and AGIS programmes.

The Commission notes that insufficient knowledge of foreign languages among members of European police forces may hinder effective cooperation. CEPOL should draw up joint programmes and courses for priority areas of policy cooperation.

Other subjects of police cooperation

The Communication deals with other significant subject areas of police cooperation:

investigative techniques;
forensic science;
terrorism;
public order and security of high-level meetings;
Article 32 of the TEU requiring the Council to fix the conditions and limitations under which the authorities of a State may operate in the territory of another Member State.

CUSTOMS COOPERATION

Customs cooperation plays a vital role in combating serious international crime such as elicit traffic in drugs, weapons, munitions, explosive materials, the theft of cultural goods, materials or equipment intended for the manufacture of atomic, biological and/or chemical weapons, etc.

The Vienna Action Plan sets out more specific aims for customs cooperation, in particular the ratification of the following:

Convention on mutual assistance and co-operation between Member States (Naples II). The Commission considers that the Member States do not make sufficient use of the special forms of cooperation such as hot pursuit, cross-border surveillance, etc. provided for in the Convention;
Convention on the use of information technology for customs purposes (CIS). The Commission, with the support of the Member States, has made good progress with the technical development of the database. It calls on the Member States to supplement the CIS database.

Customs cooperation was introduced into the intergovernmental part of the Maastricht Treaty on European Union in 1992. However, an important element in customs cooperation comes under the First Pillar: Article 135 of the Treaty establishing the European Community authorises the Council, acting on the Commission’s proposal, to take measures to strengthen customs cooperation between Member States.

PROGRESSING TOWARDS EFFECTIVE COOPERATION

The Commission is focusing on the following improvements:

the nature of police work: police work goes to the heart of what constitutes a sovereign State. It is therefore understandable that States are reluctant to participate in international arrangements which encroach on national sovereignty. The Commission hopes to build up a culture of trust and cooperation with the competent authorities for sharing information that is essential for international cooperation. It considers it essential to designate central national contact points for the international exchange of information. Member States must have an electronic system for the safe and rapid exchange of information. Technical investigative tools facilitating cooperation must be used effectively by the judicial authorities;
strategic approach: the Commission regrets the lack of a strategic approach. Thus every Council Presidency defines a set of priorities according to its own priorities. The requirement of unanimity in decision-making in this area slows progress even more. The Convention on the future of Europe proposes improved decision-making mechanisms;
proliferation of non-binding instruments: a problem with intergovernmental cooperation under the Third Pillar remains the non-binding nature of the instruments approved, such as recommendations. If Member States consider a given subject important enough to be discussed at Council level, then such discussions should result in measures which are effectively implemented by all;
decision-making procedures in the Third Pillar: the Commission considers that the slow progress in police and customs cooperation can be linked to the decision-making rules. The Council, in relation to third-pillar subjects, must decide by unanimity. The right of initiative is shared between the Commission and the Member States. The Commission believes that the balance achieved in the Constitutional Treaty well reflects the respective competences of the Member States and the Union. The Constitution offers a considerable improvement in the decision-making procedure. It provides that decisions relating to the framework and mechanisms for cooperation (e.g. Europol) are to be taken by qualified majority and co-decision. Decisions on operational cooperation (e.g. operation by one Member State in the territory of another) remain subject to unanimity;
implementation of legal instruments: the Commission is critical of the slow implementation of legal instruments adopted by the Council. It points out that the Laeken European Council of December 2001 reaffirmed the need for decisions taken by the Union to be transposed quickly into national law;
research on police and customs cooperation: the Commission finds that scientific research into police and customs cooperation has a number of shortcomings. Adequate funding needs to be made available for research, as a shared responsibility of the Member States and the Union;
cooperation between police and customs: the Commission hopes to secure more effective coordination and communication between police forces and customs authorities;
databases and communication systems: a number of databases and communication systems exist at European level. The main examples are: the EIS, the SIS, the CIS and the Customs Files Identification Database. There is a risk of duplication between some of them. The Commission also questions their interoperability. Three possible options should be considered:

– to merge the existing systems into a single “Union Information System”;

– to keep the systems independent and allow the creation of new systems as required;

– to investigate and implement the harmonisation of the data formats and the respective access rules between the various systems.

The Commission recalls the legal obligations and political commitments for police and customs cooperation under the Treaty and European Council decisions. In addition, it analyses the main factors preventing police and customs cooperation.

Legal obligations and political commitments for police and customs cooperation arise under the following measures:

the Treaty on European Union;
the Schengen Convention;
the 1998 Vienna Action Plan;
the Conclusions of the Tampere European Council of October 1999.

The Commission points out that certain events have given a political impulse to move forward in this area. The public order disturbances during the European Councils at Nice and Gothenburg in 2001 led to an intensification in cooperation in the maintenance of public order. Similarly, the events of 11 September 2001 in the United States have given rise to increased cooperation in the fight against terrorism.

Related Acts

Council Recommendation of 27 April 2006 on the drawing up of agreements between police, customs and other specialised law enforcement services in relation to the prevention and combating of crime [Official Journal C 124 of 25.5.2006]