Initiative of the Kingdom of the Netherlands with a view to the adoption of a Council Decision setting up a European network of contact points in respect of persons responsible for genocide, crimes against humanity and war crimes
Date: 2001-10-20
Institutions: Netherlands
Subjects: Netherlands, cooperation policy, crime against humanity, information network, international sanctions, war crime

20.10.2001

EN

Official Journal of the European Communities

C 295/7

II

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

Initiative of the Kingdom of the Netherlands with a view to the adoption of a Council Decision
setting up a European network of contact points in respect of persons responsible for genocide,
crimes against humanity and war crimes

(2001/C 295/05)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Title VI of the Treaty on European Union, and
in particular Article 31 and Article 34(2)(c) thereof,

Having regard to the initiative of
Netherlands,

the Kingdom of

the

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

Whereas:

(1) The International Criminal Tribunals

the former
Yugoslavia and for Rwanda have since 1995 been inves-
tigating, prosecuting and bringing to justice violations of
laws and customs of war, genocide and crimes against
humanity.

for

(2) The Rome Statute of the International Criminal Court of
17 July 1998 affirms that the most serious crimes of
in
concern to the international community as a whole,
particular genocide, crimes against humanity and war
crimes, must not go unpunished and that their effective
prosecution must be ensured by taking measures at the
national level and by enhancing international cooperation.

(3) The Rome Statute recalls that it is the duty of every State
to exercise its criminal jurisdiction over those responsible
for such international crimes.

(4) The Rome Statute emphasises

Criminal Court established under
mentary to national criminal jurisdictions.

that

the International
it shall be comple-

(5) All Member States of the European Union have either

signed or ratified the Rome Statute.

(6) Member States are being confronted with persons who
were involved in such crimes and are seeking refuge
within the European Union’s frontiers.

(7) The successful outcome of effective investigation and
prosecution of such crimes at the national level depends
to a high degree on close cooperation between the various
authorities involved in combating them.

(8) It is essential that the relevant authorities of the States
including the Member
Parties
States of the European Union, cooperate closely in this
connection.

to the Rome Statute,

(1) OJ C . . .

(9) Close cooperation will be enhanced if the Member States
communication between

make provision for direct
centralised, specialised contact points.

(10) Close cooperation between such contact points may
provide a more complete overview of persons involved
in which
in such crimes,
Member States they are the subject of investigation.

including the question of

(11) This Decision does not affect any convention, agreement
or arrangement regarding mutual assistance in criminal
matters between judicial authorities,

HAS DECIDED AS FOLLOWS:

Article 1

Designation and notification of contact points

1.
Each Member State shall designate a contact point for the
investigation of genocide, crimes against humanity and war
crimes.

2.
Each Member State shall notify the General Secretariat of
the Council in writing of its contact point within the meaning
of this Decision. The General Secretariat shall ensure that this
notification is passed on to the Member States.

Article 2

Collection and exchange of information

1.
Each contact point’s primary task shall be to collect and
manage information on the aforementioned crimes in the
framework of their investigation.

2. Member States shall ensure that contact points exchange,
spontaneously or on request, any available information that
may be relevant
in
to the investigation of
accordance with their national powers.

such crimes,

Article 3

Clarification of requests

1.
Each request made under this Decision shall be accom-
panied by a brief statement of the relevant facts known to the
requesting contact point. The contact point shall specify in the
request how the information sought will be used.

C 295/8

EN

Official Journal of the European Communities

20.10.2001

requested contact point

2. When a request is made in accordance with this Decision,
the
relevant
information, without the need for a formal
letter of request
under applicable conventions or agreements between Member
States.

shall provide

all

A contact point may refuse to divulge information which
3.
could lead to impairment of a criminal
investigation being
conducted in the requested Member State or by the Inter-
in relation to the latter,
national Criminal Court or which,
would justify invoking Article 72 of its Statute. Any refusal
shall be duly explained.

Article 4

Use of information

1.
Information or documents obtained under this Decision
are intended to be used for the purposes laid down in Article
2(2).

2. When transmitting information or documents pursuant
to this Decision, the transmitting contact point may impose
information for
restrictions and conditions on the use of
purposes other than those stipulated in paragraph 1. The
receiving contact point shall comply with these restrictions
and conditions.

3. Where a Member State wishes to use information or
documents transmitted to assist investigation for the purposes
referred to in Article 2(2), the transmitting Member State may
not refuse its consent to such use unless it does so on the basis
of restrictions under its national law or conditions referred to
in Article 3(3). Any refusal to grant consent shall be duly
explained.

The

information transmitted shall be protected,

4.
in
conformity with the Council of Europe Convention of 28
January 1981 for the protection of individuals with regard to
automatic processing of personal data and taking account of
Recommendation No R(87)15 of 17 September 1987 of the
Committee of Ministers of the Council of Europe Regulating
the use of personal data in the police sector, by at least the

same rules of confidentiality and protection of personal data as
those that apply under the national legislation applicable to the
requesting contact point.

Article 5

Transmission of data without request

1. Within the limits of the applicable national law, contact
points may exchange information without a request to that
effect.

Article 4 shall apply in relation to information forwarded

2.
under this Article.

Article 6

Implementation

Member States shall ensure that they are able to cooperate fully
in accordance with the provisions of this Decision at the latest
one year after this Decision takes effect.

Article 7

National responsibility for investigation and prosecution

The
investigation and prosecution of, and exchange of
information on, genocide, crimes against humanity and war
crimes shall continue to be the responsibility of national auth-
orities.

Article 8

Taking effect

This Decision shall take effect on the date of its adoption.

Done at . . .

For the Council

The President

. . .