INITIATIVE

of the Federal Republic of Germany with a view to the adoption of a Council Decision on the improved exchange of information to combat counterfeit travel documents

(1999/C 176/01)

(Text submitted to the Council on 27 May 1999)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 34(2)(c) thereof,

Having regard to the initiative of the Federal Republic of Germany,

Having regard to the opinion of the European Parliament(1),

Whereas:

(1) counterfeit travel documents have increased to an alarming extent;

(2) a computerised image archiving and transmission system (FADO) has been set up by the Joint Action of the Council of 3 December 1998(2);

(3) the improved exchange of information on counterfeit travel documents will make it possible to limit the counterfeiting of documents and thus make an effective contribution to combating crime and the smuggling of human beings;

(4) the use of standardised information collection will facilitate and speed up the conduct of criminal proceedings;

(5) this Decision does not affect the competence of the Member States relating to the recognition of passports, travel documents, visas, or other identity documents;

HAS DECIDED AS FOLLOWS:

Article 1

1. In order to improve further the exchange between Member States of information on false documents, a reporting system for detecting counterfeit travel documents shall be used. Its purpose shall be to:

a) make it easier to detect counterfeit travel documents on inspection, and

b) increase the effectiveness of the search for stolen travel documents,

with particular attention being paid to the serial number of the travel document.

2. The exchange of information shall not include personal details.

Article 2

1. The standard form set out in Annex I shall be used for the purpose of transmitting information in accordance with Article 1.

2. The central unit of each Member State shall directly and without delay exchange information with the central unit of each other Member State. It shall also notifiy the General Secretariat of the Council.

Article 3

1. For the purposes of the uniform collection of information which may be required for subsequent criminal proceedings relating to counterfeit travel documents, Member States shall, as far as possible, use the questionnaire set out in Annex II.

2. Data required for criminal proceedings referred to in paragraph 1 shall be communicated to other Member States in accordance with national law and international conventions.

Article 4

This Decision shall enter into force three months after its publication in the Official Journal of the European Communities.

Done at Brussels, 27 May 1999.

For the Council

The President

O. SCHILY

(1) Opinion delivered on ... (not yet published in the Official Journal).

(2) OJ L 333, 9.12.1998, p. 4.

ANNEX I

>PIC FILE= "C_1999176EN.000202.EPS">

ANNEX II

QUESTIONNAIRE

for the survey of false document users in connection with the ad hoc information of Member States of the European Union on counterfeit travel documents

1. Data relating to the document user

(needed for further inquiries, subpoena, ect,):

Name, first name, other name/alias/nick name, date of birth, place of birth, sex, nationality, contact address.

2. Information concerning the itinerary and reason for the use of the false document.

3. Information concerning the forger/manufacturer/dealer/organisation

3.1. When, where(1) and from whom(2) was the fals document received?

3.2. When and where(3) did the first contact take place?

3.3. What conditions did you have to fulfil, in order to receive the document?

(Passport pictures, signatures, deposit, etc.)

3.4. When, how and where(4) was the false document handed over?

Was a meeting place arranged?

3.5. How much did the false document cost?

3.6. When, how and where(5) was the money handed over?

3.7. To what extent did other persons take part? Who?

Are other persons known to have been involved? Intermediaries?(6)

3.8. Who i(7) the forger and where(8) was the false document manufactured?

3.9. Could you have received other documents (falsifications)?

3.10. Who(9) else received a similar false document?

3.11. Where(10) are your genuine documents?

(If handed over to other persons, for example the smuggler(11), exact passport data including passport number)

3.12. Can you give other pertinent information?

(1) If you specify a place please indicate: Country, city, building, apartment, business, railway station, restaurant, other location, means of transport, exact designation and/or description.

(2) Personal data, name, first name, other name/alias/nick name, date of birth, place of birth, sex, nationality and other important information, for example description of person, apparent age, size, weight, hair colour, special characteristics, language, addresses, telephone numbers, vehicles (make, colour, number plate, special characteristics).

(3) If you specify a place please indicate: Country, city, building, apartment, business, railway station, restaurant, other location, means of transport, exact designation and/or description.

(4) If you specify a place please indicate: Country, city, building, apartment, business, railway station, restaurant, other location, means of transport, exact designation and/or description.

(5) If you specify a place please indicate: Country, city, building, apartment, business, railway station, restaurant, other location, means of transport, exact designation and/or description.

(6) Personal data, name, first name, other name/alias/nick name, date of birth, place of birth, sex, nationality and other important information, for example description of person, apparent age, size, weight, hair colour, special characteristics, language, addresses, telephone numbers, vehicles (make, colour, number plate, special characteristics).

(7) Personal data, name, first name, other name/alias/nick name, date of birth, place of birth, sex, nationality and other important information, for example description of person, apparent age, size, weight, hair colour, special characteristics, language, addresses, telephone numbers, vehicles (make, colour, number plate, special characteristics).

(8) If you specify a place please indicate: Country, city, building, apartment, business, railway station, restaurant, other location, means of transport, exact designation and/or description.

(9) Personal data, name, first name, other name/alias/nick name, date of birth, place of birth, sex, nationality and other important information, for example description of person, apparent age, size, weight, hair colour, special characteristics, language, addresses, telephone numbers, vehicles (make, colour, number plate, special characteristics).

(10) If you specify a place please indicate: Country, city, building, apartment, business, railway station, restaurant, other location, means of transport, exact designation and/or description.

(11) Personal data, name, first name, other name/alias/nick name, date of birth, place of birth, sex, nationality and other important information, for example description of person, apparent age, size, weight, hair colour, special characteristics, language, addresses, telephone numbers, vehicles (make, colour, number plate, special characteristics).