Police Cooperation

Mutual assistance in criminal matters between EU countries

Convention on Mutual Assistance in Criminal Matters between the EU countries

Council Act establishing the Convention on Mutual Assistance in Criminal Matters between the EU countries

The convention aims to encourage and facilitate mutual assistance between judicial, police and customs authorities on criminal matters and to improve the speed and efficiency of judicial cooperation. It supplements the 1959 Council of Europe Convention on Mutual Assistance in Criminal Matters and its 1978 Protocol.

The act approves the convention on behalf of the EU.

Requests for mutual assistance

Requests must be made in writing, transmitted and carried out directly by the national judicial authorities.
Requests for temporary transfer or transit of persons held in custody and for sending of notices of information from judicial records must be sent via EU countries’ central authorities.

In emergencies, requests may be made via Interpol or any body competent under rules introduced under the Treaty on European Union.
The EU country requested to provide mutual assistance (requested country) must comply with the formalities and procedures specified by the EU country which made the request (requesting country) and must carry out the request as soon as possible, taking as full account as possible of the deadlines indicated.
EU countries must send procedural documents intended for persons who are in another EU country to them directly by post, but in some cases, the documents may be sent via the competent authorities of the requested country.

A judicial authority or a central authority in one EU country may make direct contact with a police or customs authority from another EU country or, in respect of requests for mutual assistance in relation to proceedings, with an administrative authority from another EU country. Countries may refuse to apply this clause or apply it only under certain conditions.
EU countries may spontaneously share information regarding criminal offences and administrative infringements whose punishment or handling is the responsibility of the receiving authority.

Specific forms of mutual assistance

Stolen objects found in another EU country should be made available to the requesting country so they can be returned to their owners.
A person held on the territory of a requesting country may, with the authorities’ agreement, be temporarily transferred to the country in which the investigation is to take place. Where one of the countries requires it, the consent of the person concerned must be given before transfer.
The judicial authorities of another country may hear a witness or an expert by videoconference if this is not contrary to the fundamental principles of the requested country, and if all the parties concerned agree.

Controlled deliveries* may be permitted on the territory of another EU country in the context of criminal investigations into extraditable offences. The requested country’s authorities must direct and monitor them.

Two or more countries may set up a joint investigation team for a specific purpose and for a limited duration on the basis of a joint agreement between them. An official from the country in which the team is operating coordinates and leads its activities.
Investigations may also be carried out by officers acting under covert or false identity, provided they comply with the relevant national law and procedures.

Interception of telecommunications

Telecommunications may be intercepted if requested by a competent authority from another EU country, which is designated to do so in that EU country.
Communications may either be intercepted and transmitted directly to the requesting country or recorded for later transmission.

Interception may also take place in an EU country in which earth satellite equipment is located. If the technical assistance of that country is not required, the interception is carried out by the service providers in the requesting country. Where interception takes place in a particular country because of the location of the subject, but no technical assistance is needed, the country carrying out the interception should inform the other country of its action.

Special rules for certain EU countries

Special rules apply to:

Ireland and the UK (1) (transmission of requests for assistance);
Luxembourg (protection of personal data); and
Norway and Iceland (rules linked to Schengen rules and the entry into force of the convention).

The convention entered into force on 23 August 2005.

DOCUMENTS

Convention established by the Council in accordance with Article 34 of the Treaty on European Union, on Mutual Assistance in Criminal Matters between the Member States of the European Union — Council Declaration on Article 10(9) — Declaration by the United Kingdom (1) on Article 20 (OJ C 197, 12.7.2000, pp. 3-23)

Council Act of 29 May 2000 establishing in accordance with Article 34 of the Treaty on European Union the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union (OJ C 197, 12.7.2000, pp. 1-2)

Corrigendum to Council Act of 29 May 2000 establishing in accordance with Article 34 of the Treaty on European Union the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union (OJ C 219, 1.8.2000, p. 6)

Protocol established by the Council in accordance with Article 34 of the Treaty on European Union to the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union (OJ C 326, 21.11.2001, pp. 2-8)

Communication by the Secretary-General of the European Union under Article 30(2) of the Convention, established by the Council in accordance with Article 34 of the Treaty on European Union, on Mutual Assistance in Criminal Matters between the Member States of the European Union (OJ C 197, 12.7.2000, p. 24)

European cooperation on crime prevention

Council Decision 2009/902/JHA – setting up a European crime prevention network (EUCPN)

Council Decision 2009/902/JHA of 30 November 2009 setting up a European Crime Prevention Network (EUCPN) and repealing Decision 2001/427/JHA

Crime prevention policy in the European Union (EU) is enhanced by cooperation between authorities at national and local level and other experts and practitioners in the field.

It establishes the European crime prevention network (EUCPN) to assist in the development of crime prevention measures in the EU. It provides a framework for cooperation between EU countries; the network also supports crime prevention activities at the national and local levels.

KEY POINTS

The EUCPN is responsible for:

—improving cooperation, contacts and exchanges of information between stakeholders;
—collecting, evaluating and sharing information on crime prevention;
—organising conferences and activities to develop crime prevention and sharing the results of the work on crime prevention;
—providing expertise to the European institutions (Council and Commission);
—reporting annually to the Council on its work;
—developing and implementing a work programme that addresses relevant crime threats.

The goals of the EUCPN are achieved through an annual work programme, part of a multiannual strategy (2010-2015).

The network is composed of:

—aBoard – responsible for its overall management;
—aSecretariat -provides administrative support to the Board;
—contact points – support the exchanges of information and expertise between the national representatives.
Activities

The EUCPN carries out a number of activities including:

—promoting good practice – through a database containing EU-wide examples of initiatives and projects on crime prevention (ranging from preventing violent crime to cybercrime);
—organising the ‘Best Practice Conference’ – a yearly event for policymakers, practitioners and researchers for the sharing and passing on of experiences and best practices in crime prevention, as well as safety and security in EU countries;
—presenting the European crime prevent award which aims to reward the best European crime prevention project. The award is open to any project, initiative or package of measures designed to reduce crime and the fear of crime within the specified theme;
—collecting and promoting research-based findings and activities to prevent crime. ‘Toolboxes’ on specific aspects of crime prevention aim to inform, support and inspire local practitioners and policymakers with actual knowledge in the form of an easy-to-read document;
—creating and keeping an archive of studies, articles and other documents on crime prevention accessible through an online library search engine on the EUCPN website.

REFERENCES

Act

Entry into force

Deadline for transposition in the Member States

From 30 November 2009.

Faster, more efficient cross-border criminal investigations in the EU

The European Investigation Order (EIO) directive sets up a comprehensive new system that allows EU countries to obtain evidence in other EU countries, for criminal cases that involve more than one country.

Directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014 regarding the European Investigation Order in criminal matters

This directive aims to simplify and speed up cross-border criminal investigations in the EU. It introduces the European Investigation Order, which enables judicial authorities in one EU country (‘the issuing state’) to request that evidence be gathered in and transferred from another EU country (‘the executing state’).

As the EIO is based on the mutual recognition principle, each EU country is obliged in principle to recognise and carry out such a request. It must also be done swiftly and without any further formality.

The EIO makes it easier to tackle criminal offences including crimes such as corruption, drug trafficking and organised crime. For example, Greek police could ask their counterparts in the United Kingdom (1) to conduct house searches or interview witnesses on their behalf.

The EIO improves on existing EU laws covering this field by setting strict deadlines for gathering the evidence requested and by limiting the grounds for refusing such requests. It also reduces paperwork by introducing a single standard form for authorities to request help when seeking evidence.

Keys aspects of EIO

A judicial decision issued or validated by an EU country’s judicial authority to carry out one or several investigative measures in another EU country in order to obtain evidence in line with this directive.
Can also be issued to get evidence that is already held by the responsible authorities of the country that will carry out the request.

Can be requested by a suspected or accused person, or by their lawyer, in line with applicable defence rights in an EU country.
Must not affect human rights or legal principles, e.g. the right of defence in criminal cases.
Covers any investigative measure, apart from setting up a joint investigative team.

Can be issued for offences considered criminal or acts/infringements of law that are punishable under an issuing state’s national law
90 days to act

After receiving an EIO, the executing state must quickly act on the request. It can only refuse to do so under certain circumstances, e.g. if the request is against the country’s fundamental principles of law or harms national security interests. All costs of acting on a request must be paid by the executing state.

The body carrying out the request can choose an alternative investigative measure than an EIO, if it believes this will lead to similar results.

The EIO also allows for:

temporary transfer of persons in custody in order to gather evidence;
checks on the bank accounts/finances of suspects;
covert investigations and intercepting telecommunications;
measures to preserve evidence.

This directive applies to all EU countries except Denmark and Ireland, which opted out. It replaces existing EU mutual legal assistance schemes, notably the 2000 EU Mutual Legal Assistance Convention and Framework Decision 2008/978/JHA on the European Evidence Warrant.

REFERENCES

Directive 2014/41/EU

A safer EU: police cooperation, and crisis management

Regulation (EU) No 513/2014 sets out the rules for a European Union financing instrument which, as part of the Internal Security Fund (ISF), concerns police cooperation, preventing and combating crime, and crisis management.

Regulation (EU) No 513/2014 of the European Parliament and of the Council of 16 April 2014 establishing, as part of the Internal Security Fund, the instrument for financial support for police cooperation, preventing and combating crime, and crisis management and repealing Council Decision 2007/125/JHA.

Known as the ISF-Police regulation, the instrument aims to contribute to a high level of security in the EU. To reach this objective, it will support actions related to crime prevention; combating cross-border, serious and organised crime, including terrorism; and strengthening cooperation between law enforcement authorities and other authorities in EU countries, with Europol and other EU bodies, and with relevant non-EU countries and international organisations.

It will also support actions to enhance the capacity of EU countries and the EU for managing security-related risks and crises effectively, and preparing for and protecting people and critical infrastructure (e.g. electricity, water, transport) against terrorist attacks and other security-related incidents.

Operational objectives

1.Strengthen EU countries’ capability to prevent and combat cross-border crime.

2.Promote cooperation among EU countries’ law enforcement authorities (police, customs, etc.) and between EU countries and Europol.

3.Develop training schemes, including technical and professional skills and knowledge of obligations relating to respect of human rights.

4.Develop measures, safeguards, mechanisms and best practices for early identification, protection and support of witnesses and victims of crime.

5.Develop measures to strengthen EU countries’ administrative and operational capability to protect critical infrastructure.

6.Enable the rapid production of comprehensive and accurate overviews in crisis situations, coordinate response measures and share secret or sensitive information.

7.Develop integrated approaches based on common and shared appreciations in crisis situations and enhance mutual understanding of EU countries’ and partner countries’ various definitions of threat levels.

Examples of eligible actions include:

—actions to improve police cooperation, including joint investigation teams;
—communication activities;
—maintenance of EU and national IT systems, notably on cybersecurity and cybercrime;
—projects in relation to and in non-EU-countries.

National programmes will be drawn up by participating countries to address the fund’s objectives and submitted to the European Commission for approval. Any allocation of resources among objectives must be proportional to the challenges and needs faced by the country.

Budget

The programme’s 2014-20 budget is set at €1.004 billion, broken down as follows (in current prices):

—€662 million for EU countries’ programmes (the regulation details how this is to be allocated among them);
—€342 million for EU actions, emergency assistance and technical assistance at the initiative of the European Commission.

Implementation

Regulation (EU) No 514/2014 contains the main rules and procedures for implementing this fund.

REFERENCES

Regulation (EU) No 513/2014

Regulation No 514/2014 of the European Parliament and of the Council of 16 April 2014 laying down general provisions on the Asylum, Migration and Integration Fund and on the instrument for financial support for police cooperation, preventing and combating crime, and crisis management [Official Journal L 150 of 20 May 2014].

Police cooperation, migration, asylum and combating crime: financial instruments

Regulation (EU) No 514/2014 on the Asylum, Migration and Integration Fund and on the instrument for financial support for police cooperation, preventing and combating crime, and crisis management

This regulation lays down common rules for the implementation over the 2014-2020 period of the 3 European Union (EU) specific regulations establishing 2 home affairs funding instruments:

the Asylum, Migration and Integration Fund; and
the Internal Security Fund (which in turn comprises two funding instruments — ISF-Borders and ISF-Police).

KEY POINTS

1.Principles of assistance

The regulation lays down the rules for the implementation of the 2 home affairs funds, including the guiding principles, such as compliance with EU and national law, and the protection of the EU’s financial interests.

2.EU (Union) actions, emergency and technical assistance

Rules are laid down for actions financed by the home affairs funds and implemented directly by the European Commission or indirectly (Union actions — actions of benefit to the EU as a whole — and emergency and technical assistance).

3.National programmes

The rules for the preparation and implementation of national programmes are outlined, as well as eligibility rules for these programmes which are implemented by the EU countries. Also, rules on the way the funds should be managed and controlled are set out. To ensure the careful management of EU funding, rules are laid down on aspects such as:

how EU countries appoint the bodies responsible for managing programmes and controlling spending;
auditing of programmes;
suspension of payments.

4.Information and communication, monitoring and evaluation

The regulation outlines also the rules to be followed regarding information and publicity, for example that outputs of the projects funded with the home affairs funds should be communicated to the public in a transparent way. Furthermore, the regulation defines the monitoring and evaluation modalities, establishing also the dates when the Commission should present the results of the funds to the European Parliament.

5.Implementing regulations

Such rules and principles are further detailed in implementing regulations have been adopted by the Commission specifically dealing with technical aspects such as:

information and publicity measures for the public and information measures for beneficiaries to increase awareness of the EU’s role in funding programmes;
technical characteristics of information and publicity measures (for example, the format of the EU’s emblem that should appear on publicity material of projects that have received funding);
establishing the models for the documents required for the payment of the annual balance (to avoid delays in preparing requests for payments);
rules on the implementation of the procedure for annual clearance of accounts and for conformity clearance (i.e. detailed arrangements for these tasks including on the exchanges of information between the Commission and EU countries and deadlines);
controls carried out by responsible authorities (to ensure efficient administrative controls of expenditure, including on-the-spot controls of projects).

It has applied since 1 January 2014.

BACKGROUND

EU home affairs policies have been steadily growing in importance in recent years. Their aim is to help create a more open and secure Europe. They seek to achieve this by efficiently managing migration flows and preventing crime while enabling legitimate travel and ensuring the management of the EU’s external borders.
In late 2013, the EU agreed on a multiannual financial framework (the EU’s long-term budget) for the period from 2014 to 2020. In parallel, the structure of the EU’s spending instruments has been rationalised, resulting in two home affairs funds: an Asylum, Migration and Integration Fund and an Internal Security Fund (which in turn comprises two funding instruments — ISF-Borders and ISF-Police).

DOCUMENTS

Regulation (EU) No 514/2014 of the European Parliament and of the Council of 16 April 2014 laying down general provisions on the Asylum, Migration and Integration Fund and on the instrument for financial support for police cooperation, preventing and combating crime, and crisis management (OJ L 150, 20.5.2014, pp. 112–142)

Regulation (EU) No 516/2014 of the European Parliament and of the Council of 16 April 2014 establishing the Asylum, Migration and Integration Fund, amending Council Decision 2008/381/EC and repealing Decisions No 573/2007/EC and No 575/2007/EC of the European Parliament and of the Council and Council Decision 2007/435/EC (OJ L 150, 20.5.2014, pp. 168-194)

Regulation (EU) No 515/2014 of the European Parliament and of the Council of 16 April 2014 establishing, as part of the Internal Security Fund, the instrument for financial support for external borders and visa and repealing Decision No 574/2007/EC (OJ L 150 of 20.5.2014, pp. 143-167)

Commission Delegated Regulation (EU) No 1048/2014 of 30 July 2014 laying down information and publicity measures for the public and information measures for beneficiaries pursuant to Regulation (EU) No 514/2014 of the European Parliament and of the Council laying down general provisions on the Asylum, Migration and Integration Fund and on the instrument for financial support for police cooperation, preventing and combating crime, and crisis management (OJ L 291, 7.10.2014, pp. 6–8)

Commission Implementing Regulation (EU) No 1049/2014 of 30 July 2014 on technical characteristics of information and publicity measures pursuant to Regulation (EU) No 514/2014 of the European Parliament and of the Council laying down general provisions on the Asylum, Migration and Integration Fund and on the instrument for financial support for police cooperation, prevention and combating crime and crisis management (OJ L 291, 7.10.2014, pp. 9–13)

Commission Implementing Regulation (EU) 2015/377 of 2 March 2015 establishing the models for the documents required for the payment of the annual balance pursuant to Regulation (EU) No 514/2014 of the European Parliament and of the Council laying down general provisions on the Asylum, Migration and Integration Fund and on the instrument for financial support for police cooperation, preventing and combating crime, and crisis management (OJ L 64, 7.3.2015, pp. 17–29)

Commission Implementing Regulation (EU) 2015/378 of 2 March 2015 laying down rules for the application of Regulation (EU) No 514/2014 of the European Parliament and of the Council with regard to the implementation of the annual clearance of accounts procedure and the implementation of the conformity clearance (OJ L 64, 7.3.2015, pp. 30–32)

Commission Implementing Regulation (EU) 2015/840 of 29 May 2015 on controls carried out by Responsible Authorities pursuant to Regulation (EU) No 514/2014 of the European Parliament and of the Council laying down general provisions on the Asylum, Migration and Integration Fund and on the instrument for financial support for police cooperation, preventing and combating crime, and crisis management (OJ L 134, 30.5.2015, pp. 1–5)

Stepping up cross-border cooperation (Prüm Decision)

SUMMARY OF:

Decision 2008/615/JHA — cross-border cooperation, particularly in combating terrorism and cross-border crime

It aims to improve cross-border cooperation between EU countries’ police and judicial authorities to combat terrorism and cross-border crime more effectively. It focuses particularly on automated exchanges of information. It also focuses on major events and on fighting terrorism.

The decision stems from a multilateral treaty signed in 2005 by Belgium, Germany, Spain, France, Luxembourg, the Netherlands and Austria. It has been transformed into a legal instrument binding all EU countries. The Council subsequently adopted the Prüm decision and its implementing rules.

KEY POINTS

The decision sets out rules with regard to:

the automated access to DNA profiles, dactyloscopic data* and certain national vehicle registration data;
supply of data in relation to major events;
supply of information in order to prevent terrorist offences;
other measures for stepping up cross-border police cooperation.
Establishment of national databases and automated access to data

EU countries must establish national DNA analysis files for the purpose of investigating criminal offences.
Reference data, consisting of the non-coding part of the DNA* and of a reference number that does not enable an individual to be identified, must be made available to other EU countries to carry out automated searches*.

Searches are performed via national contact points by comparing DNA profiles*, but only on the basis of individual cases and in a hit/no-hit* manner.
EU countries must also make available reference data from the national automated fingerprint identification systems (AFIS).
The searches are carried out by comparing dactyloscopic data and, similarly to DNA searches, only in individual cases on a hit/no-hit basis.
National contact points must also be given access to certain national vehicle registration data via automated online searches.

Supply of data relating to major events

In relation to any major events involving more than one EU country, the countries concerned must provide each other with non-personal data*, as required for the purpose of preventing criminal offences and maintaining public order and security.
Personal data may be supplied only if the data subjects are considered a threat to public order and security or if it is believed that they will commit criminal offences at the events. The data may only be used in relation to the event it was provided for and must be deleted once it has served its purpose, but no later than 1 year after it was supplied.

Supply of information to fight terrorism

In individual cases and with certain restrictions, EU countries may provide the following data to each other to prevent terrorist attacks:

surname and first names;
date and place of birth;
description of the conditions leading to the supposition that criminal offences will be committed.
Other measures for enhancing cross-border police cooperation

EU countries can carry out joint patrols and other joint operations to prevent criminal offences and to maintain public order and security on a given EU country’s territory.
EU countries are to provide mutual assistance to each other in cases of mass gatherings and other comparable major events, disasters and serious accidents.
FROM WHEN DOES THE DECISION APPLY?

It has applied since 26 August 2008.

KEY TERMS

Dactyloscopic data: fingerprint images, images of fingerprint latents (latents are prints which are invisible to the naked eye and must be professionally analysed), palm prints, palm print latents and templates of such images that are stored and dealt with in an automated database.

Non-coding part of DNA: chromosome regions that are not expressed genetically, i.e. not known to provide for any functional properties of an organism.
Automated searching: an online access procedure for consulting the databases of one, several, or all of the EU countries.

DNA profile: a letter or number code that represents a set of identification characteristics of the non-coding part of an analysed human DNA sample.
Hit/no-hit procedure: parties grant each other limited access to the reference data in their national DNA and fingerprint databases. They also grant the right to use these data to conduct automated checks of fingerprints and DNA profiles. The personal information related to the reference data is not available to the requesting party.

Non-personal data: data containing individual DNA profiles which may be used to establish a match or ‘hit’, but which do not reveal the identity of the data subject.

DOCUMENTS

Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (OJ L 210, 6.8.2008, pp. 1-11)