Initiative of the Kingdom of Denmark with a view to adopting a Council Decision on the common use of liaison officers posted abroad by the law enforcement agencies of the Member States
Date: 2002-07-24
Institutions: Denmark
Subjects: Denmark, Europol, data collection, exchange of information, fight against crime, information network, international cooperation, international organisation, judicial cooperation

C 176/8

EN

Official Journal of the European Communities

24.7.2002

II

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

Initiative of the Kingdom of Denmark with a view to adopting a Council Decision on the common
use of liaison officers posted abroad by the law enforcement agencies of the Member States

(2002/C 176/05)

THE COUNCIL OF THE EUROPEAN UNION,

also noted that there was a need for new impetus and
guidelines to make good delays in some areas.

Having regard to the Treaty on European Union, and in
particular Article 30(1)(a),
(b) and (c), Article 30(2)(c) and
Article 34(2)(c) thereof,

Having regard to the initiative of the Kingdom of Denmark (1),

Having regard to the opinion of the European Parliament (2),

Whereas:

(1) At its meeting in Vienna on 11 and 12 December 1998
the European Council called for a strengthening of action
against organised crime in the light of the new possi-
bilities opened up by the Treaty of Amsterdam, which
include cooperation and joint initiatives in the exchange
of liaison officers and secondments within five years after
the entry into force of the Treaty of Amsterdam on 1 May
1999.

(2) At its meeting in Tampere on 15 and 16 October 1999
invited the Council and the
the European Council
Commission,
in close cooperation with the European
Parliament, to promote the full and immediate implemen-
tation of the Treaty of Amsterdam, on the basis of the
action plan agreed at
the European
the meeting of
Council
in Vienna on 11 and 12 December 1998 and
of the political guidelines and concrete objectives agreed
in Tampere.

(3) At its meeting in Helsinki on 10 and 11 December 1999,
the European Council urged the European Union to
intensify its efforts at the international level by stepping
up cooperation with third countries in reducing the
demand for and supply of drugs, and on justice and
home affairs. The European Council also noted that
there would be a need for combined efforts by all the
relevant authorities, with a particular role for Europol.

(5) On 14 October 1996 the Council adopted Joint Action
96/602/JHA providing for a common framework for the
initiatives of
concerning liaison
officers (3).

the Member States

(6) In the light of experience in applying the Joint Action and
in the light of the provisions of the Treaty of Amsterdam
on combating cross-border crime, cooperation on the
posting of liaison officers to third countries and inter-
to be strengthened and
national organisations needs
developed.

(7) In so far as is relevant for performing the tasks defined in
the Europol Convention (4), Europol may establish and
maintain cooperative relations with third countries and
external organisations.

(8) Europol has established and will continue to establish and
maintain cooperative relations with a wide range of third
countries and external organisations.

to function effectively as

(9) Europol needs to be given the necessary support and
means
the focal point of
European police cooperation. The European Council has
stressed that Europol plays a central role in cooperation
between the authorities of the Member States in investi-
gating cross-border crime by supporting the prevention,
analysis and investigation of crime at Union level.

(10) Europol needs to be given the opportunity to make use to
liaison officers in third
some extent of Member States'
countries,
to strengthen Europol's operative
so as
support function in relation to national police authorities.

(11) Member States recognise that extensive cooperation is
already taking place between Member States'
liaison
officers posted to third countries and international organi-
sations. However,
there is a need to strengthen some
aspects of cooperation between those liaison officers, to
make the best possible use of Member States' resources.

(4) At its meeting in Laeken on 14 and 15 December 2001
the European Council confirmed the guidelines and
objectives defined at Tampere. The European Council

(12) Cooperation between Member States in this area needs to
be strengthened so as
to facilitate the exchange of
information with a view to combating serious cross-
border crime.

(1) OJ . . .
(2) OJ . . .

(3) OJ L 268, 19.10.1996, p. 2.
(4) OJ C 316, 27.11.1995, p. 2.

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C 176/9

(13) Member States attach particular weight to cooperation in
combating cross-border
that
crime,
strengthening cooperation regarding the exchange of
information will enhance the national authorities' capa-
effectively. Member States
bilities
believe that Europol should play a central role in this.

they believe

to combat

crime

as

Decision 2002/192/EC of 28 February 2002 concerning
Ireland's request to take part in some of the provisions of
the Schengen acquis (5),

HAS DECIDED AS FOLLOWS:

(14) The aim of this Decision is to regulate questions relating
to the fight against serious cross-border crime. However,
the Decision does not cover questions relating to asylum
or immigration.

Article 1

Definition

(15) The provision in the Convention implementing the
Schengen Agreement of 14 June 1985 on the gradual
abolition of checks at the common borders (1) (hereinafter
‘Convention implementing the Schengen Agreement’)
which relates to the common use of
liaison officers
should be developed further, with a view to strengthening
cooperation between Member States in the fight against
cross-border crime.

concluded by

(16) Regarding Iceland and Norway, this Decision is with the
exception of Article 9 a further development of
the
provisions in the Schengen acquis under the terms of
the Agreement
the
Iceland and the
European Union and the Republic of
Kingdom of Norway concerning the latters' association
with the implementation, application and development
of the Schengen acquis (2), falling within Article 1(H) of
Council Decision 1999/437/EC of 17 May 1999 on
that
certain
Agreement (3).

the Council of

application of

arrangements

the

for

(17) The United Kingdom shall participate in this Decision in
accordance with Article 5 of the Protocol integrating the
Schengen acquis into the European Union annexed to the
Treaty on European Union and to the Treaty establishing
the European Community, and Article 8(2) of Council
Decision 2000/365/EC of 29 May 2000 concerning the
request of
the United Kingdom of Great Britain and
Northern Ireland to take part in some of the provisions
of the Schengen acquis (4).

(18) Ireland shall participate in this Decision in accordance
with Article 5 of the Protocol integrating the Schengen
acquis into the European Union annexed to the Treaty on
European Union and to the Treaty establishing the
and Article 6(2) of Council
European Community,

(1) OJ L 239, 22.9.2000, p. 19.
(2) OJ L 176, 10.7.1999, p. 36.
(3) OJ L 176, 10.7.1999, p. 31.
(4) OJ L 131, 1.6.2000, p. 43.

In this Decision, ‘liaison officer’ means a representative of
1.
one of
the Member States, posted to one or more third
countries or to international organisations with a view to estab-
lishing and maintaining contacts with the authorities in those
countries or organisations with a view to preventing or inves-
tigating criminal offences.

2.
This Decision is without prejudice to Member States'
liaison officers' tasks within the framework of their responsi-
bilities
law and any
agreements concluded with the host State or the international
organisation.

and in compliance with national

Article 2

Tasks of liaison officers

1. Member States
liaison officers
shall ensure that
establish and maintain direct contacts with competent auth-
orities in the host State or the international organisation,
with a view to facilitating and expediting the collection and
exchange of information.

its

2.
Each Member State's liaison officer shall also contribute
to the collection and exchange of information, particularly of a
strategic nature, which may be used to combat serious cross-
including information providing a readier
border
crime,
knowledge of
the legal systems and operational methods
available in the States or international organisations concerned.

Article 3

Notification of the posting of liaison officers

1. Member States shall inform the General Secretariat of the
Council of the European Union (hereinafter ‘the General Secre-
tariat of the Council’) each year of posting of liaison officers,
including their responsibilities and any cooperative agreements
between the Member States on the posting of liaison officers.

2.
The General Secretariat of the Council shall draw up an
annual summary to be sent to Member States and to Europol
concerning Member States' postings of
liaison officers,
including their responsibilities.

(5) OJ L 64, 7.3.2002, p. 20.

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Article 4

Liaison officer networks in third countries

relevant

regularly

1. Member States shall ensure that Member States'
liaison
officers posted to the same third country or international
organisation meet
to
and whenever
exchange relevant
information. The Member State holding
the Presidency of the Council of the European Union shall
ensure that its liaison officers take the initiative to hold such
meetings. If the Member State holding the Presidency of the
Council of the European Union is not represented in the third
then the
country or
international organisation concerned,
representative of
that
take the initiative to hold the meeting. The
purpose shall
Commission and Europol shall be notified of such meetings
and may be invited to take part in the meetings where this
is judged to be appropriate.

the Member State

appointed for

2. Member States shall ensure that its liaison officers posted
to the same third country or international organisation provide
one another with assistance in contacts with the authorities of
the host State. Where relevant, Member States may agree that
their liaison officers shall share tasks among themselves.

3. Member States may bilaterally or multilaterally agree that
liaison officers who are posted to a third country or inter-
national organisation by a Member State shall also look after
the interests of one or more other Member States.

Article 5

Cooperation between Member States
exchange of

the
information via liaison officers in third

regarding

countries

law and relevant

1. Member States shall ensure that its liaison officers in third
countries and international organisations shall, in accordance
instruments,
with national
provide its respective national authorities with information
relating to serious criminal threats to other Member States
not represented by their own liaison officers in the third
country or international organisation concerned. National auth-
orities shall inform the Member States concerned.

international

2. Member States' liaison officers in third countries or inter-
law
national organisations may,
in accordance with national
and relevant
instruments, provide information
international
relating to criminal threats to other Member States directly
to the liaison officers of the Member State in question,
if
that Member State is represented in the third country or inter-
national organisation concerned.

law and relevant

In accordance with national

inter-
3.
instruments, Member States which do not have
national
liaison officers in a third country or international organisation
may make a request to another Member State which does have
liaison officers in the third country or international organi-
sation concerned, with a view to the exchange of relevant
information.

4. Member States shall deal with any request as described in
law and relevant
paragraph 3 in accordance with national
international
speedily as
possible whether such a request may be met.

instruments, and shall

state as

5. Member States may consent
to information being
exchanged directly between liaison officers in third countries
and international organisations and the authorities of other
Member States.

Article 6

Joint seminars for liaison officers

1.
To enhance cooperation between liaison officers in one
or more third countries and international organisations, where
there are specific needs for knowledge of and intervention in
the third countries and international organisations concerned,
Member States may hold joint seminars on crime trends and
on the most effective methods of combating cross-border
crime.

2.
Participation in the seminars described in paragraph 1
must not hinder liaison officers in the performance of their
duties.

Article 7

Cooperation between liaison officers of the various auth-
orities of the Member States

1. Member States having liaison officers belonging to
different authorities shall ensure appropriate forms of coop-
eration between those officers having regard to their respective
authorities' tasks.

2.

To this end Member States shall encourage:

(a) contacts between the authorities which post and manage

liaison officers,

(b) suitable coordination of
those liaison officers,

information on the posting of

(c) contacts between liaison officers in the States to which they

are posted.

Article 8

National contact points

1. Member States shall establish or designate a national
contact point to facilitate the tasks referred to in this Decision.

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2. Member States shall inform the General Secretariat of the
Council
in writing of its national contact point and of any
subsequent changes pursuant to this Decision. The General
Secretariat of the Council shall publish this information in
the Official Journal.

3. Member States shall ensure that
point is able to carry out its duties efficiently and speedily.

the national contact

This Decision applies without prejudice to existing
4.
national provisions, particularly as regards the division of
competence between the various authorities and services in
the Member States concerned.

mitted to Europol
Europol Convention.

in accordance with national

law and the

3. When establishing the duties of
their liaison officers,
Member States shall where appropriate pay attention to the
tasks which under the Europol Convention are to be carried
out by Europol.

Article 10

Repeal

1.

Joint Action 96/602/JHA is hereby repealed.

Article 9

Europol

in accordance with
1. Member States shall ensure that,
law and the Europol Convention, Europol may
national
request information from Member States'
liaison officers in
third countries or international organisations where Europol
is not represented.

Europol's requests shall be addressed to the Member
2.
States' National Units, which,
in accordance with national
law and the Europol Convention, shall take a decision on the
liaison officers in
request.
third countries or international organisations shall be trans-

Information from Member States'

Article 47(4) of

2.
Schengen Agreement is hereby repealed.

the Convention implementing the

Article 11

Entry into force

This Decision shall enter into force 14 days after its publication
in the Official Journal.

Done at . . .

For the Council

The President

. . .