Council recommendation of 30 November 2000 to Member States in respect of Europol's assistance to joint investigative teams set up by the Member States
Date: 2000-11-30
Institutions: Council of the European Union
Subjects: EU Member State, Europol, cooperation policy, public safety

13.12.2000

EN

Official Journal of the European Communities

C 357/7

II

(Preparatory Acts pursuant to Title VI of the Treaty on European Union)

COUNCIL RECOMMENDATION

of 30 November 2000

to Member States in respect of Europol’s assistance to joint investigative teams set up by the
Member States

(2000/C 357/06)

THE COUNCIL OF THE EUROPEAN UNION,

Whereas:

(1) Article 30(2)(a) of the Treaty on European Union calls for
the Council to enable Europol to facilitate and support the
preparation, and to encourage the
coordination and
specific investigative actions by the
carrying out, of
including
competent authorities of
operational actions of
teams comprising represen-
tatives of Europol in a support capacity.

the Member States,

joint

(2) Recommendation 43 of the Conclusions of the meeting of
the European Council in Tampere on 15 and 16 October
1999 calls for joint investigative teams as provided for in
the Treaty to be set up without delay, as a first step, to
combat trafficking in drugs and human beings as well as
terrorism. The rules to be established in this respect should
allow representatives of Europol to participate, as appro-
priate, in such teams in a support capacity.

(3) The Council on 29 May 2000 adopted the Act 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 (1), which provides for the setting-up of joint inves-
tigative teams.

(4) Member States may already create joint investigative teams

on a bilateral or multilateral basis.

(5) The Convention on the establishment of a European Police
Office (Europol Convention) (2) enables Europol to provide
support to joint investigative teams set up on bilateral or
multilateral bases.

(6) This Recommendation constitutes the first step in the
implementation of Recommendation 43 of the Tampere
Conclusions,

HEREBY RECOMMENDS Member States, with due regard to the
Europol Convention and to its implementing rules, to make full
use of the possibilities for Europol support for joint investi-
gative teams.

(1) OJ C 197, 12.7.2000, p. 1.
(2) OJ C 316, 27.11.1995, p. 2.

investigative teams

Europol will through the national units provide support to the
joint
in accordance with the Europol
Convention and in particular with Articles 3 and 4 thereof,
especially for the following purposes and according to the
following arrangements:

(cid:151) Place Europol’s knowledge of the criminal world at the

disposal of joint investigative teams:

Europol could place its knowledge of the criminal world at
the disposal of members of the joint investigative teams in
accordance with the Europol Convention which allows
to aid investigations in the Member States by
Europol
forwarding all relevant information to the national units
and to assist the Member States by providing advice on
investigative
account
(also
Europol’s linguistic capabilities).

procedures

taking

into

(cid:151) Assist with coordination of operations by joint investigative

teams:

Europol could assist Member States with centralised coor-
dination of operations by joint
in
accordance with the Europol Convention which enables
Europol to facilitate the exchange of information between
Member States.

investigative teams

(cid:151) Provide advice to joint

investigative teams on technical

matters:

Europol could advise Member States on appropriate tech-
for use in investigations with a cross-border
niques
dimension in accordance with the Europol Convention,
which enables Europol
to give advice on organisation,
equipment of authorities and on technical and forensic
police methods.

(cid:151) Help with the analysis of offences:

If Europol already has an analysis file on the facts being
investigated by the joint investigative team, members of the
the relevant analytical
team may seek the assistance of
group, subject
the
Europol Convention.

to compliance with Article 10(8) of

C 357/8

EN

Official Journal of the European Communities

13.12.2000

In addition, members of the joint investigative team could
call on Europol
in order to obtain, pursuant to the said
Convention, an authorised opinion on whether or not an
analysis file should be opened.

Communication to members of the joint investigative teams via
competent national units of data retrieved from Europol’s
general
information system requires no preliminary author-
isation.

Any data resulting from the work of the joint investigative
team must be forwarded to Europol under the conditions
set out in Article 10 of the said Convention. In the opposite
direction (from Europol to the joint investigative team),
data may not be retrieved from an analysis file open to
Europol without the agreement of the analysis group, in
accordance with Article 10(8) of the said Convention.

Done at Brussels, 30 November 2000.

For the Council

The President

M. LEBRANCHU