2003/170/JHA: Council Decision 2003/170/JHA of 27 February 2003 on the common use of liaison officers posted abroad by the law enforcement agencies of the Member States
Date: 2003-02-27
Institutions: Council of the European Union
Subjects: EU police mission, European official, Europol, exchange of information, fight against crime, third country

12.3.2003

EN

Official Journal of the European Union

L 67/27

COUNCIL DECISION 2003/170/JHA

of 27 February 2003

on the common use of liaison officers posted abroad by the law enforcement agencies of the
Member States

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in parti-
cular 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)

(2)

(3)

At its meeting of 3 December 1998 the Council of
Justice and Home Affairs Ministers adopted the Action
Plan of the Council and the Commission on how best to
implement the provisions of the Treaty of Amsterdam
on an area of freedom, security and justice (3), measure
48 of which states that, within five years of the Treaty's
entering into force, action should be taken to promote
cooperation and joint
the
exchange of
the use of
equipment and forensic research.

liaison officers, secondment,

in training,

initiatives

At its meeting in Vienna on 11 and 12 December 1998
the European Council endorsed, in its conclusion 83, the
Council and Commission Action Plan on how best to
implement the provisions of the Treaty of Amsterdam
on an area of freedom, security and justice, and in its
conclusion 89 it called for a strengthening of action
against organised crime in the light of the new possibili-
ties opened up by the Treaty.

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 imple-
mentation of the Treaty of Amsterdam, on the basis of
the Action Plan adopted on 3 December 1998 by the
Council of Home Affairs Ministers and endorsed at the
meeting of the European Council in Vienna on 11 and
12 December 1998 and of the political guidelines and
concrete objectives involving a deepening of police
cooperation for the purpose of combating cross-border
crime which were agreed in Tampere.

(1) OJ C 176, 24.7.2002, p. 8.
(2) Opinion of the European Parliament of 20 November 2002 (not yet

published in the Official Journal).

(3) OJ C 19, 23.1.1999, p. 1.

(4)

(5)

(6)

(7)

(8)

(9)

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 step-
ping 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.

At its meeting in Laeken on 14 and 15 December 2001
the European Council confirmed, in its conclusion 37,
the guidelines and objectives defined at Tampere and
also noted that there was a need for new impetus and
guidelines to make good delays in some areas.

On 14 October 1996 the Council adopted Joint Action
96/602/JHA providing for a common framework for the
initiatives of the Member States concerning liaison offi-
cers (4).

the provisions of

In the light of experience in applying the Joint Action
and in the light of
the Treaty of
Amsterdam on combating cross-border crime, coopera-
tion amongst Member States on the tasks assigned to,
and the posting of liaison officers to third countries and
international organisations needs to be strengthened and
developed.

Insofar as is relevant for performing the tasks defined in
the Europol Convention (5), Europol will establish and
maintain cooperative relations with third countries and
international organisations.

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

(10)

Europol needs to be given the necessary support and
means to function effectively as 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.

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

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Official Journal of the European Union

12.3.2003

(11)

Europol needs to be given the opportunity to make use
to some extent of Member States' liaison officers in third
countries,
to strengthen Europol's operative
support function in relation to national police authori-
ties.

so as

(12) Member States recognise that extensive cooperation is
already taking place between liaison officers posted by
Member States in view of their national needs to third
countries
and international organisations. However,
there is a need to strengthen some aspects of coopera-
tion between those liaison officers, to make the best
possible use of Member States' resources.

(13)

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.

(18)

(19)

The United Kingdom is taking part 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).

Ireland is taking part 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 6(2) of Council Deci-
sion 2002/192/EC of 28 February 2002 concerning
Ireland's request to take part in some of the provisions
of the Schengen acquis (5).

(20)

Council Joint Action 96/602/JHA and the provision of
Article 47(4) of
the Convention implementing the
Schengen Agreement should accordingly be repealed,

(14) Member States attach particular weight to cooperation
in combating cross-border crime, as they believe that
strengthening cooperation regarding the exchange of
authorities'
information will
capabilities to combat crime effectively. Member States
believe that Europol should play a central role in this.

the national

enhance

HAS DECIDED AS FOLLOWS:

(15)

The aim of this Decision is to regulate questions relating
to the fight against serious cross-border crime.

Article 1

Definition

(16)

The provisions in the Convention implementing the
Schengen Agreement of 14 June 1985 between the
Governments of the States of the Benelux Economic
Union, the Federal Republic of Germany and the French
Republic on the gradual abolition of checks at their
common borders (1)
‘Convention imple-
(hereinafter
menting 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.

1.
In this Decision, ‘liaison officer’ means a representative of
one of the Member States, posted abroad by a law enforcement
agency to one or more third countries or to international orga-
nisations to establish and maintain contacts with the authorities
in those countries or organisations with a view to contributing
to preventing or investigating criminal offences.

2.
This Decision is without prejudice to Member States'
liaison officers' tasks within the framework of their responsibil-
ities and in compliance with national law, national needs, and
any more favourable agreements concluded with the host State
or the international organisation.

concluded by the Council of

(17) As regards Iceland and Norway, this Decision consti-
tutes, with the exception of Article 8, a development of
provisions of the Schengen acquis within the meaning of
the
the Agreement
European Union and the Republic of Iceland and the
Kingdom of Norway concerning the latters' association
with the implementation, application and development
of the Schengen acquis (2), which fall within the area
referred to in Article 1(H) of Council Decision 1999/
437/EC (3) on certain arrangements for the application
of that Agreement.

Article 2

Tasks of liaison officers

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

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

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

Liaison officers shall carry out

3.
their tasks within the
framework of their responsibilities and in compliance with the
provisions, including those on the protection of personal data,
laid down in their national
laws and in any agreements
concluded with host States or international organisations.

Article 3

Notification of the posting of liaison officers

1. Member States shall inform one another of their inten-
tions as regards the secondment of liaison officers to third
States and international organisations and the General Secre-
tariat of the Council of the European Union (the General Secre-
including
tariat) each year of the posting of liaison officers,
their duties and any cooperative agreements between the
Member States on the posting of liaison officers.

The General Secretariat shall draw up an annual summary
2.
to Member States and to Europol concerning
to be sent
Member States' postings of
including their
liaison officers,
duties and any cooperative agreements between the Member
States on the posting of liaison officers.

Article 4

Liaison officer networks in third countries

1. Member States shall ensure that Member States'
liaison
officers posted to the same third country or international orga-
nisation meet regularly or when necessary to exchange relevant
information. The Member State holding the Presidency of the
Council of the European Union shall ensure that its liaison offi-
cers take the initiative to hold such meetings. If the Member
State holding the Presidency is not represented in the third
country or
then the
international organisation concerned,
representative of the incoming or next incoming Presidency
shall take the initiative to hold the meeting. The Commission
and Europol shall, where appropriate, be invited to such meet-
ings.

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 interna-
tional 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

1. Member States shall ensure that their liaison officers in
third countries and international organisations shall, in accor-
dance with national law and relevant international instruments
and subject to compliance with applicable provisions governing
the protection of personal data, 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 authorities shall assess, in accordance with
national
law and according to the seriousness of the threat,
whether the Member States concerned should be informed.

in accordance with national

2. Member States' liaison officers in third countries or inter-
national organisations may,
law
and relevant international instruments and subject to compli-
ance with applicable provisions governing the protection of
personal data, provide information relating to serious criminal
threats to other Member States directly to the liaison officers of
the Member State in question, if that Member State is repre-
international organisation
sented in the third country or
concerned.

In accordance with national

3.
law and relevant interna-
tional instruments, Member States which do not have 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 organisa-
tion concerned, with a view to the exchange of relevant infor-
mation.

4. Member States shall deal with any request as described in
paragraph 3 in accordance with their respective national law
and relevant international instruments, and shall state as spee-
dily as possible whether such a request may be met.

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, subject to compliance with applicable provi-
sions governing the protection of personal data.

6.
The performance of the tasks described in paragraph 1
and 2 must not hinder liaison officers in the performance of
their original duties.

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Official Journal of the European Union

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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
taking due account of the EU acquis. The Commission and
Europol shall be invited to such seminars.

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

Article 7

Competent national authorities

1. Member States shall designate contact points within their
competent authorities to facilitate the tasks referred to in this
Decision and ensure that the national contact points are able to
carry out their duties efficiently and speedily.

inform the General Secretariat

in
2. Member States shall
writing of its contact points within their competent authorities
and of any subsequent changes pursuant to this Decision. The
General Secretariat shall publish the information in the Official
Journal of the European Union.

3.
This Decision applies without prejudice to existing
national provisions, particularly as regards the division of
competence between the various authorities and services in the
Member States concerned.

Article 8

Europol

1. Member States shall facilitate, in accordance with national
law and the Europol Convention, the processing of requests
made by Europol to obtain information from Member States'
liaison officers in third countries or international organisations
where Europol is not represented. Europol's requests shall be
in
addressed to the Member States' National Units, which,
law and the Europol Convention,
accordance with national

shall take a decision on the request. Information from Member
States' liaison officers in third countries or international organi-
sations shall be transmitted to Europol
in accordance with
national law and the Europol Convention.

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

Article 9

Application to Gibraltar

This Decision shall apply to Gibraltar.

Article 10

Evaluation

The Council shall evaluate the implementation of this Decision
within two years of its adoption.

Article 11

Repeal

1.

Joint Action 96/602/JHA is hereby repealed.

The provision of Article 47(4) of the Convention imple-

2.
menting the Schengen Agreement is hereby repealed.

Article 12

Entry into force

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

Done at Brussels, 27 February 2003.

For the Council

The President

M. CHRISOCHOÏDIS