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.
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].
Simplifying the exchange of information between EU countries’ police and customs
Council Framework Decision 2006/960/JHA — exchange of information and intelligence between EU countries’ law enforcement authorities
It enables law enforcement authorities* of EU countries to share information and intelligence effectively when conducting criminal investigations or criminal intelligence operations.
Conditions for the sharing of information
EU countries are not allowed to apply stricter rules for information disclosure at international level than would normally apply internally, for example, by requiring judicial agreement.
EU countries should normally respond within 7 days to requests concerning offences eligible for a European arrest warrant* and where the information is accessible to the law enforcement agency. A response should be made within 8 hours where the request is urgent. In other cases, countries should respond within 14 days. If the time limits cannot be met, the EU country receiving the request is required to provide reasons for not being able to comply.
Information can also be provided spontaneously. In this case, only information necessary to detect, prevent and investigate the crime or criminal activity should be given.
Information may be exchanged via any existing channel and must be shared with Europol or Eurojust if it falls within their scope, and under normal data protection rules.
Limits to information sharing
Law enforcement authorities are not obliged to gather information in response to a request, or to obtain information through coercion. In addition:
Information cannot be used as evidence before the judicial authority without the consent of the country that provided it (this could be already indicated in the reply).
Information that has been obtained from a non-EU country can only be shared with the consent of that country.
A law enforcement authority may refuse to provide information if there is reason to think it would harm national security, an investigation, an operation, the safety of individuals, or is clearly disproportionate or irrelevant.
A law enforcement authority can also refuse to provide information where the request relates to an offence carrying a prison term of 1 year or less, or where a judicial authority is opposed.
The Framework Decision has applied since 30 December 2006. EU countries had to incorporate it into national law by 19 December 2008.
BACKGROUND
This Framework Decision replaces parts of the Schengen Agreement relating to the transmission of information (Article 39) and the spontaneous provision of information (Article 46).
On 1 December 2014, the United Kingdom (1) notified the European Commission that it wished to participate in the Decision. This was confirmed by Commission Decision 2014/858/EU.
DOCUMENT
Council Framework Decision 2006/960/JHA of 18 December 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union (OJ L 386, 29.12.2006, pp. 89-100)
Successive amendments to Framework Decision 2006/960/JHA have been incorporated in the original text. This consolidated version is of documentary value only.
Commission Decision 2014/858/EU of 1 December 2014 on the notification by the United Kingdom of Great Britain and Northern Ireland of its wish to participate in acts of the Union in the field of police cooperation and judicial cooperation in criminal matters adopted before the entry into force of the Treaty of Lisbon and which are not part of the Schengen acquis (OJ L 345, 1.12.2014, pp. 6-9).
Exchange of certain data with Interpol
Gestohlene, verlorene oder unterschlagene Pässe und Blankopässe werden dazu verwendet, der Strafverfolgung zu entgehen und illegale Handlungen zu begehen, die die Sicherheit der Union und der einzelnen Mitgliedstaaten gefährden können. Ziel dieses Gemeinsamen Standpunkts ist die Verhütung und Bekämpfung von schweren und organisierten Straftaten einschließlich terroristischer Handlungen durch die Zusammenarbeit zwischen den Strafverfolgungsbehörden der Mitgliedstaaten sowie zwischen diesen und gleichartigen Behörden in Drittländern durch den Austausch von Passdaten mit Interpol.
Council Common Position 2005/69/JHA of 24 January 2005 on
Exchanging certain data with Interpol.
One of the Union’s objectives is to provide citizens with a high level of safety and, therefore, it is essential to enhance cooperation between the Union’s law enforcement authorities. Issued or blank passports that are stolen, lost or misappropriated are used to elude law enforcement and to carry out illicit activities capable of jeopardising the security of the Union.
To combat organised and international crime and terrorism, this Common Position meets the requirement to implement an integrated system for the exchange of information on stolen and lost passports * making use of the Schengen Information System (SIS) and the Interpol STD database *.
All Member States are affiliated to the International Criminal Police Organisation – Interpol. This organisation receives, stores and circulates data to assist the competent law enforcement authorities in preventing and combating international crime. Its database on stolen travel documents allows Interpol’s members to share data on lost and stolen passports.
The Common Position requires Member States’ competent law enforcement authorities to exchange certain non-personal data on stolen and lost passports with the other States who are members of Interpol by using the database on stolen travel documents. Europol ensures an adequate level of protection of personal data and also respects the fundamental rights and liberties regarding the automatic processing of personal data.
Each Member State may agree with Interpol the modalities for exchanging all passport data. Such data are contained in the relevant national database *, if it participates, or in the SIS. They also ensure that their competent law enforcement authorities query the Interpol database in accordance with this Common Position.
The Commission will, submit a report to the Council on the operation of this Common Position by December 2005. The Council will assess the extent to which Member States comply with this Common Position and take the appropriate action.
Key terms
Passport data: data on issued and blank passports that are stolen, lost or misappropriated and formatted for integration in a specific information system.
Interpol database: the automatic search facility for the stolen travel document database managed by the International Criminal Police Organisation (Interpol).
Relevant national database: the police or judicial database or databases in a Member State that contain data on issued and blank passports that are stolen, lost or misappropriated.
References
Act
Council Common Position 2005/69/JHA
Commission report on the application of Council Common Position 2006/69/JHA [COM (2006) 167].
As provided for in the Common Position, the Commission has presented its report on the application of the Common Position. Of the 25 Member States contacted, 18 participate in Interpol’s STD database on stolen documents and provide the database with data on lost or stolen travel documents.
However, the figures reported by Interpol show that, even though the EU is the main provider of information to the database on travel documents, it carries out only a small proportion of the searches. The report thus calls on the Member States to adopt a more pro-active approach, providing active encouragement to officials of the law enforcement authorities to use the database.
Interoperability between EU information systems in the field of justice, freedom and security
Regulation (EU) 2019/817 establishing a framework for interoperability between EU information systems in the field of borders and visa
Regulation (EU) 2019/818 establishing a framework for interoperability between EU information systems in the field of police and judicial cooperation, asylum and migration
They aim to improve checks at the EU’s external borders, allow for better detection of security threats and identity fraud, and help in preventing and combating illegal immigration.
Scope
The two interoperability regulations cover:
3 existing centralised EU information systems for borders and security — SIS, VIS and Eurodac;
3 centralised EU information systems under development — EES, ETIAS and ECRIS-TCN;
Europol data.
The EU information systems in justice, freedom and security are managed by its agency eu-LISA.
Components
The regulations set up the following interoperability components:
a European search portal allowing competent authorities to search multiple information systems simultaneously, using both biographical and biometric data;
a shared biometric matching service enabling the searching and comparing of biometric data (fingerprints and facial images) from several EU information systems;
a common identity repository containing biographical and biometric data of non-EU nationals available in several EU information systems;
a multiple identity detector enabling the detection of multiple identities across different EU information systems.
Access
The regulations do not change the rights of access to the individual EU information systems, but will ease and improve information-sharing.
They provide for a new two-step approach to granting law enforcement authorities access to the EES, VIS, ETIAS and Eurodac:
initial searches would be carried out on a ‘hit/no hit’ basis;
if a ‘hit’ were obtained, law enforcement authorities could then access any further information needed, in line with the respective rules and safeguards.
BACKGROUND
They have applied since 11 June 2019.
Regulation (EU) 2019/817 amends Regulations (EC) No 767/2008, (EU) 2016/399, (EU) 2017/2226, (EU) 2018/1240, (EU) 2018/1726 and (EU) 2018/1861 and Council Decisions 2004/512/EC and 2008/633/JHA.
Regulation (EU) 2019/818 amends Regulations (EU) 2018/1726, (EU) 2018/1862 and (EU) 2019/816.
DOCUMENTS
Regulation (EU) 2019/817 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of borders and visa and amending Regulations (EC) No 767/2008, (EU) 2016/399, (EU) 2017/2226, (EU) 2018/1240, (EU) 2018/1726 and (EU) 2018/1861 of the European Parliament and of the Council and Council Decisions 2004/512/EC and 2008/633/JHA (OJ L 135, 22.5.2019, pp. 27-84)
Regulation (EU) 2019/818 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of police and judicial cooperation, asylum and migration and amending Regulations (EU) 2018/1726, (EU) 2018/1862 and (EU) 2019/816 (OJ L 135, 22.5.2019, pp. 85-135)
Regulation (EU) 2019/816 of the European Parliament and of the Council of 17 April 2019 establishing a centralised system for the identification of Member States holding conviction information on third-country nationals and stateless persons (ECRIS-TCN) to supplement the European Criminal Records Information System and amending Regulation (EU) 2018/1726 (OJ L 135, 22.5.2019, pp. 1-26)
Successive amendments to Regulation (EU) 2019/816 have been incorporated into the original document. This consolidated version is of documentary value only.
Regulation (EU) 2018/1861 of the European Parliament and of the Council of 28 November 2018 on the establishment, operation and use of the Schengen Information System (SIS) in the field of border checks, and amending the Convention implementing the Schengen Agreement, and amending and repealing Regulation (EC) No 1987/2006 (OJ L 312, 7.12.2018, pp. 14-55)
Regulation (EU) 2018/1862 of the European Parliament and of the Council of 28 November 2018 on the establishment, operation and use of the Schengen Information System (SIS) in the field of police cooperation and judicial cooperation in criminal matters, amending and repealing Council Decision 2007/533/JHA, and repealing Regulation (EC) No 1986/2006 of the European Parliament and of the Council and Commission Decision 2010/261/EU (OJ L 312, 7.12.2018, pp. 56-106)
Regulation (EU) 2018/1726 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA), and amending Regulation (EC) No 1987/2006 and Council Decision 2007/533/JHA and repealing Regulation (EU) No 1077/2011 (OJ L 295, 21.11.2018, pp. 99-137)
Regulation (EU) 2018/1240 of the European Parliament and of the Council of 12 September 2018 establishing a European Travel Information and Authorisation System (ETIAS) and amending Regulations (EU) No 1077/2011, (EU) No 515/2014, (EU) 2016/399, (EU) 2016/1624 and (EU) 2017/2226 (OJ L 236, 19.9.2018, pp. 1-71)
Regulation (EU) 2017/2226 of the European Parliament and of the Council of 30 November 2017 establishing an Entry/Exit System (EES) to register entry and exit data and refusal of entry data of third-country nationals crossing the external borders of the Member States and determining the conditions for access to the EES for law enforcement purposes, and amending the Convention implementing the Schengen Agreement and Regulations (EC) No 767/2008 and (EU) No 1077/2011 (OJ L 327, 9.12.2017, pp. 20-82)
Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 77, 23.3.2016, pp. 1-52)
Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas (VIS Regulation) (OJ L 218, 13.8.2008, pp. 60-81)
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 (OJ L 218, 13.8.2008, pp. 129-136)
Council Decision 2004/512/EC of 8 June 2004 establishing the Visa Information System (VIS) (OJ L 213, 15.6.2004, pp. 5-7)