# CE2009068EN.01004001.xml

| 21.3.2009 | EN | Official Journal of the European Union | CE 68/40 |
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21.3.2009

EN

Official Journal of the European Union

CE 68/40

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European Parliament legislative resolution of 31 January 2008 on the initiative of the Republic of Austria with a view to adopting a Council decision on the improvement of cooperation between the special intervention units of the Member States of the European Union in crisis situations (15437/2006 — C6-0058/2007 — 2007/0803(CNS))

(Consultation procedure)

The European Parliament,

The European Parliament

| — | having regard to the initiative of the Republic of Austria (15437/2006), |
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—

having regard to the initiative of the Republic of Austria (15437/2006),

| — | having regard to Articles 30, 32 and 34(2)(c) of the EU Treaty, |
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—

having regard to Articles 30, 32 and 34(2)(c) of the EU Treaty,

| — | having regard to Article 39(1) of the EU Treaty, pursuant to which the Council consulted Parliament (C6-0058/2007), |
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—

having regard to Article 39(1) of the EU Treaty, pursuant to which the Council consulted Parliament (C6-0058/2007),

| — | having regard to Rules 93 and 51 of its Rules of Procedure, |
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—

having regard to Rules 93 and 51 of its Rules of Procedure,

| — | having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A6-0507/2007), |
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—

having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A6-0507/2007),

| 1. | Approves the initiative of the Republic of Austria as amended; |
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1.

Approves the initiative of the Republic of Austria as amended;

| 2. | Calls on the Council to amend the text accordingly; |
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2.

Calls on the Council to amend the text accordingly;

| 3. | Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament; |
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3.

Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

| 4. | Calls on the Council to consult Parliament again if it intends to amend the initiative of the Republic of Austria substantially; |
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4.

Calls on the Council to consult Parliament again if it intends to amend the initiative of the Republic of Austria substantially;

| 5. | Instructs its President to forward its position to the Council and the Commission, and the government of the Republic of Austria. |
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5.

Instructs its President to forward its position to the Council and the Commission, and the government of the Republic of Austria.

| TEXT PROPOSED BY THE REPUBLIC OF AUSTRIA | AMENDMENTS BY PARLIAMENT |
| --- | --- |
| Amendment 1 |
| Recital 4 |
| (4) No single Member State has all the means, resources and expertise at its disposal to deal effectively with all possible kinds of large scale crisis situations requiring special intervention. It is therefore of crucial importance that each Member State be able to request the assistance of another Member State. | (4) No single Member State has all the means, resources and expertise at its disposal to deal effectively with all possible kinds of
  specific or
  large scale crisis situations requiring special intervention. It is therefore of crucial importance that each Member State be able to request the assistance of another Member State. |
| Amendment 2 |
| Recital 5 |
| (5) This Decision
  sets out some general rules on liability, including rules on criminal liability, in order to provide a legal framework for circumstances in which Member States concerned agree to request and provide assistance. The availability of this legal framework and of a declaration indicating the competent authorities will allow the Member States to react speedily and gain time in the event a crisis situation arises, | (5)
  Council Decision 2007/ .../JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (‘the Prüm Decision’), and in particular Article 18 thereof, regulates forms of police assistance between Member States in connection with mass gatherings and similar major events, disasters and serious accidents.
  This Decision
  does not cover mass gatherings, natural disasters or serious accidents within the meaning of Article 18 of the Prüm Decision, but complements those provisions of the Prüm Decision which provide for forms of police assistance between Member States provided through special intervention units in other situations, namely in crisis situations caused by human factors or terrorist situations presenting a serious direct physical threat to persons, property, infrastructure or institutions, in particular hostage taking, hijacking and similar events. With this in view, each Member State should indicate the competent national authorities from which the other Member States concerned may request assistance or intervention. |
| Amendment 3 |
| Recital 5a (new) |
| | (5a) The availability of this legal framework and of a compendium indicating the competent authorities will allow the Member States to react speedily and gain time in the event that such a crisis or terrorist situation arises. Moreover, with a view to enhancing the ability of Member States to prevent and respond to such situations, and in particular terrorist incidents, it is essential for the special intervention units to meet regularly and organise joint training sessions, so as to benefit from each other's experiences. |
| Amendment 4 |
| Article 1 |
| This Decision lays down general rules and conditions to allow for special intervention units of one Member State to provide assistance and/or operate on the territory of another Member State (hereinafter referred to as the ‘requesting Member State’) in cases where they have been invited by the latter Member State and have agreed to do so in order to deal with a crisis situation. | This Decision lays down general rules and conditions to allow for special intervention units of one Member State (hereinafter referred to as the ‘addressee Member State’) to provide assistance and/or operate on the territory of another Member State (hereinafter referred to as the ‘requesting Member State’) in cases where they have been invited by the latter Member State and have agreed to do so in order to deal with a crisis situation.
  The practical details and arrangements for implementing this Decision shall be agreed directly between the requesting Member State and the addressee Member State. |
| Amendment 6 |
| Article 2, point 2 |
| (2) ‘crisis situation’ shall mean any man-made situation in a Member State
  presenting
  a serious direct physical threat to persons or institutions in that Member State, in particular
  hostage-taking, hijacking and similar incidents. | (2) ‘crisis situation’ shall mean any man-made situation in a Member State
  giving rise to reasonable grounds for believing that a criminal act has been, is being or will be committed, which presents
  a serious direct physical threat to persons,
  property, infrastructure
  or institutions in that Member State, in particular
  the situations referred to in Article 1(1) of Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism (1). |
| Amendment 7 |
| Article 2, point 2a (new) |
| | (2a) ‘competent authority’ shall mean the national authority which may make requests and give authorisations regarding the deployment of the special intervention units. |
| Amendment 8 |
| Article 3, paragraph 1 |
| 1. | A
  Member State may ask to be assisted by a special intervention unit of another Member State with a view to dealing with a crisis situation.
  A
  Member State may accept or refuse such a request or may propose a different kind of assistance. |

TEXT PROPOSED BY THE REPUBLIC OF AUSTRIA

AMENDMENTS BY PARLIAMENT

Amendment 1

Recital 4

(4) No single Member State has all the means, resources and expertise at its disposal to deal effectively with all possible kinds of large scale crisis situations requiring special intervention. It is therefore of crucial importance that each Member State be able to request the assistance of another Member State.

(4) No single Member State has all the means, resources and expertise at its disposal to deal effectively with all possible kinds of
  specific or
  large scale crisis situations requiring special intervention. It is therefore of crucial importance that each Member State be able to request the assistance of another Member State.

specific or

Amendment 2

Recital 5

(5) This Decision
  sets out some general rules on liability, including rules on criminal liability, in order to provide a legal framework for circumstances in which Member States concerned agree to request and provide assistance. The availability of this legal framework and of a declaration indicating the competent authorities will allow the Member States to react speedily and gain time in the event a crisis situation arises,

sets out some general rules on liability, including rules on criminal liability, in order to provide a legal framework for circumstances in which Member States concerned agree to request and provide assistance. The availability of this legal framework and of a declaration indicating the competent authorities will allow the Member States to react speedily and gain time in the event a crisis situation arises,

(5)
  Council Decision 2007/ .../JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (‘the Prüm Decision’), and in particular Article 18 thereof, regulates forms of police assistance between Member States in connection with mass gatherings and similar major events, disasters and serious accidents.
  This Decision
  does not cover mass gatherings, natural disasters or serious accidents within the meaning of Article 18 of the Prüm Decision, but complements those provisions of the Prüm Decision which provide for forms of police assistance between Member States provided through special intervention units in other situations, namely in crisis situations caused by human factors or terrorist situations presenting a serious direct physical threat to persons, property, infrastructure or institutions, in particular hostage taking, hijacking and similar events. With this in view, each Member State should indicate the competent national authorities from which the other Member States concerned may request assistance or intervention.

Council Decision 2007/ .../JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (‘the Prüm Decision’), and in particular Article 18 thereof, regulates forms of police assistance between Member States in connection with mass gatherings and similar major events, disasters and serious accidents.

does not cover mass gatherings, natural disasters or serious accidents within the meaning of Article 18 of the Prüm Decision, but complements those provisions of the Prüm Decision which provide for forms of police assistance between Member States provided through special intervention units in other situations, namely in crisis situations caused by human factors or terrorist situations presenting a serious direct physical threat to persons, property, infrastructure or institutions, in particular hostage taking, hijacking and similar events. With this in view, each Member State should indicate the competent national authorities from which the other Member States concerned may request assistance or intervention.

Amendment 3

Recital 5a (new)

(5a) The availability of this legal framework and of a compendium indicating the competent authorities will allow the Member States to react speedily and gain time in the event that such a crisis or terrorist situation arises. Moreover, with a view to enhancing the ability of Member States to prevent and respond to such situations, and in particular terrorist incidents, it is essential for the special intervention units to meet regularly and organise joint training sessions, so as to benefit from each other's experiences.

(5a) The availability of this legal framework and of a compendium indicating the competent authorities will allow the Member States to react speedily and gain time in the event that such a crisis or terrorist situation arises. Moreover, with a view to enhancing the ability of Member States to prevent and respond to such situations, and in particular terrorist incidents, it is essential for the special intervention units to meet regularly and organise joint training sessions, so as to benefit from each other's experiences.

Amendment 4

Article 1

This Decision lays down general rules and conditions to allow for special intervention units of one Member State to provide assistance and/or operate on the territory of another Member State (hereinafter referred to as the ‘requesting Member State’) in cases where they have been invited by the latter Member State and have agreed to do so in order to deal with a crisis situation.

This Decision lays down general rules and conditions to allow for special intervention units of one Member State (hereinafter referred to as the ‘addressee Member State’) to provide assistance and/or operate on the territory of another Member State (hereinafter referred to as the ‘requesting Member State’) in cases where they have been invited by the latter Member State and have agreed to do so in order to deal with a crisis situation.
  The practical details and arrangements for implementing this Decision shall be agreed directly between the requesting Member State and the addressee Member State.

(hereinafter referred to as the ‘addressee Member State’)

The practical details and arrangements for implementing this Decision shall be agreed directly between the requesting Member State and the addressee Member State.

Amendment 6

Article 2, point 2

(2) ‘crisis situation’ shall mean any man-made situation in a Member State
  presenting
  a serious direct physical threat to persons or institutions in that Member State, in particular
  hostage-taking, hijacking and similar incidents.

presenting

hostage-taking, hijacking and similar incidents.

(2) ‘crisis situation’ shall mean any man-made situation in a Member State
  giving rise to reasonable grounds for believing that a criminal act has been, is being or will be committed, which presents
  a serious direct physical threat to persons,
  property, infrastructure
  or institutions in that Member State, in particular
  the situations referred to in Article 1(1) of Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism (1).

giving rise to reasonable grounds for believing that a criminal act has been, is being or will be committed, which presents

property, infrastructure

the situations referred to in Article 1(1) of Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism (1

Amendment 7

Article 2, point 2a (new)

(2a) ‘competent authority’ shall mean the national authority which may make requests and give authorisations regarding the deployment of the special intervention units.

(2a) ‘competent authority’ shall mean the national authority which may make requests and give authorisations regarding the deployment of the special intervention units.

Amendment 8

Article 3, paragraph 1

1.

A
  Member State may ask to be assisted by a special intervention unit of another Member State with a view to dealing with a crisis situation.
  A
  Member State may accept or refuse such a request or may propose a different kind of assistance.

A

A

| 1. | Through a request via the competent authorities setting out the nature of the assistance requested as well as the operational necessity thereof, a
  Member State may ask to be assisted by a special intervention unit of another Member State with a view to dealing with a crisis situation.
  The competent authority of the addressee
  Member State may accept or refuse such a request or may propose a different kind of assistance. |
| --- | --- |

1.

Through a request via the competent authorities setting out the nature of the assistance requested as well as the operational necessity thereof, a
  Member State may ask to be assisted by a special intervention unit of another Member State with a view to dealing with a crisis situation.
  The competent authority of the addressee
  Member State may accept or refuse such a request or may propose a different kind of assistance.

Through a request via the competent authorities setting out the nature of the assistance requested as well as the operational necessity thereof, a

The competent authority of the addressee

Amendment 9

Article 4

General rules on
  liability

General rules on

Civil and criminal
  liability

Civil and criminal

1.
  Where
  , in accordance with this Decision,
  officers of a Member State operate
  in
  the territory of another Member State
  , the latter Member State shall be liable for any damage caused by them during their operations.

1.

, in accordance with this Decision,

in

, the latter Member State shall be liable for any damage caused by them during their operations.

Where officers of a Member State operate
  within
  the territory of another Member State
  and/or equipment is used under this Decision, the provisions on civil and criminal liability set out in Articles 21 and 22 of the Prüm Decision shall apply.

within

and/or equipment is used under this Decision, the provisions on civil and criminal liability set out in Articles 21 and 22 of the Prüm Decision shall apply.

2. By way of derogation from paragraph 1, where the damage results from actions that were contrary to directions given by the requesting Member State or were beyond the limits of the of the relevant officers' powers under their national law, the following rules shall apply:

2. By way of derogation from paragraph 1, where the damage results from actions that were contrary to directions given by the requesting Member State or were beyond the limits of the of the relevant officers' powers under their national law, the following rules shall apply:

(a) a Member State in whose territory the damage was caused shall make good such damage under the conditions applicable to damage caused by its own officers;

(a) a Member State in whose territory the damage was caused shall make good such damage under the conditions applicable to damage caused by its own officers;

(b) a Member State whose officers have caused damage to any person in the territory of another Member State shall reimburse the latter in full any sums it has paid to the victims or persons entitled on their behalf;

(b) a Member State whose officers have caused damage to any person in the territory of another Member State shall reimburse the latter in full any sums it has paid to the victims or persons entitled on their behalf;

(c) without prejudice to the exercise of its rights vis-à-vis third parties and with the exception of point (b), each Member State shall refrain in the circumstances provided for in this paragraph from requesting reimbursement of damages it has sustained from another Member State.

(c) without prejudice to the exercise of its rights vis-à-vis third parties and with the exception of point (b), each Member State shall refrain in the circumstances provided for in this paragraph from requesting reimbursement of damages it has sustained from another Member State.

Amendment 10

Article 5

Article 5

Article 5

deleted

deleted

Criminal liability

Criminal liability

During the operations referred to in Article 3, officers operating in the territory of another Member State shall be regarded as officers of that Member State with respect to offences committed against them or by them.

During the operations referred to in Article 3, officers operating in the territory of another Member State shall be regarded as officers of that Member State with respect to offences committed against them or by them.

Amendment 11

Article 6

Member States shall ensure that their
  relevant authorities
  hold meetings and organise joint training and exercises,
  whenever necessary,
  with a view to exchanging experience, expertise and general, practical and technical information about providing assistance in crisis situations.

relevant authorities

whenever necessary,

All participating
  Member States shall ensure that their
  special intervention units
  hold meetings and
  regularly
  organise joint training
  courses
  and exercises, with a view to exchanging experience, expertise and general, practical and technical information about providing assistance in crisis situations.
  Such meetings, training courses and exercises may be funded under certain financial programmes of the Union and obtain grants financed from the general budget of the European Union. In this context, the Member State holding the Presidency of the EU shall endeavour to ensure that such meetings, training courses and exercises take place.

All participating

special intervention units

regularly

courses

Such meetings, training courses and exercises may be funded under certain financial programmes of the Union and obtain grants financed from the general budget of the European Union. In this context, the Member State holding the Presidency of the EU shall endeavour to ensure that such meetings, training courses and exercises take place.

Amendment 12

Article 7

Each
  Member State shall bear
  its own
  costs, unless otherwise agreed between the Member States concerned.

Each

its own

The requesting
  Member State shall bear
  the operational
  costs
  incurred by the addressee Member State's special intervention units in connection with the application of Article 3, including transport and accommodation costs,
  unless otherwise agreed between the Member States concerned.

The requesting

the operational

incurred by the addressee Member State's special intervention units in connection with the application of Article 3, including transport and accommodation costs,

Amendment 13

Article 8, paragraph 4a (new)

4a. Nothing in this Decision shall be construed as permitting the application of these rules governing cooperation among the law enforcement agencies of the Member States to relations with the relevant agencies of third countries in circumvention of the existing rules of national legal systems applicable to international police cooperation.

4a. Nothing in this Decision shall be construed as permitting the application of these rules governing cooperation among the law enforcement agencies of the Member States to relations with the relevant agencies of third countries in circumvention of the existing rules of national legal systems applicable to international police cooperation.

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(1)  OJ L 164, 22.6.2002, p. 3.

1

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