Council resolution of 29 April 2004 on security at European Council meetings and other comparable events
Date: 2004-04-29
Institutions: Council of the European Union
Subjects: EU police cooperation, European Council, border control, public safety, summit meeting

C 116/18

EN

Official Journal of the European Union

30.4.2004

COUNCIL RESOLUTION

of 29 April 2004

on security at European Council meetings and other comparable events

(2004/C 116/06)

THE COUNCIL OF THE EUROPEAN UNION,

preventing disruption of public order and for security at
events,

and

in mind Council

Bearing
Joint Action 97/339/JHA of
26 May 1997 with regard to cooperation on law and order and
security (1),
of
25 February 1964 on the coordination of special measures
concerning the movement and residence of foreign nationals
which are justified on grounds of public policy, public security
or public health (2),

64/221/EEC

Directive

Council

Recalling the Council Conclusions of 13 July 2001 on security
at meetings of the European Council and other comparable
events,

Emphasising the importance of the security handbook for the
use of police authorities and services at international events
such as meetings of the European Council, which was approved
by the Council at its meeting on 28 and 29 November 2002,

Whereas:

— Member States' authorities responsible for security and
public order at European Council meetings and other
comparable international events have to ensure that the
right of free expression of opinion and the right of peaceful
assembly are upheld, while as far as possible preventing
interference by those whose aims or actions constitute an
offence or involve the use of violence,

— the disturbances that have occurred at some European
international
the freedoms

Council meetings and other
comparable
events have restricted full enjoyment of
enshrined in the European Convention on Human Rights,

— European Council meetings are currently held at

the
premises of the Council of the European Union in Brussels
and the other Member States have to cooperate fully with
the authorities of the Kingdom of Belgium and with the
Security Office of the General Secretariat of the Council,

— with regard to security at European Council meetings and
comparable events, it is necessary to give full effect to the
provisions of Joint Action 97/339/JHA, governing some
types of police cooperation for events with public order
and security implications,

— effective prevention is also achieved through measures
taken by the Member States to discourage troublemakers
from attending events that take place abroad in connection
with the holding of European Council meetings and
comparable events,

— security arrangements for international events have on
occasion involved recourse to the measures provided for in
Article 2(2) of
the 1990 Convention implementing the
Schengen Agreement (hereafter referred to as the Schengen
thereby possibly causing inconvenience at
Convention),
some border crossings in the host Member State, owing to
the large-scale influx of
travellers to be checked, and
detracting from people's freedom of movement in the Euro-
pean Union,

— such occasions have shown the need for more effective,
better coordinated cooperation at European level between
Member States' competent authorities and for police forces
to assist one another, subject to national
legislation and
within the limits of their powers, in preventing and investi-
gating offences,

— the lack of information and alerts on individuals in respect
of whom there are well-founded suspicions that they may
disrupt the holding of European Council meetings or other
comparable international events may inhibit the effective
and less onerous application of the measures provided for
in Article 2(2) of the Schengen Convention,

— subject

to national

cooperation between
legislation,
Member States' police forces should also be fostered by
means of a targeted exchange of information of use in

(1) OJ L 147, 5.6.1997, p. 1.
(2) OJ 56, 4.4.1964, p. 850.

— the availability of information regarding such individuals
may make it possible to conduct targeted checks to identify
them,
thereby facilitating the free movement of other
people,

30.4.2004

EN

Official Journal of the European Union

C 116/19

Member State with the aim of disrupting public order and
security at the event or committing offences relating to the
event, including names of individuals convicted of offences
involving disruption of public order at demonstrations or
other events, where national legislation allows.

5. With reference to points 3 and 4, the mere existence of
criminal convictions should not automatically justify the
adoption of the measures concerning public order and
security that are referred to in this Resolution.

6. The Member State may use the information received under
point 4 for the purposes of border checks. Such informa-
tion may also be used to prevent offences or to ensure
public order and security at the event.

7. Nothing in this Resolution should be interpreted as
departing from the principle that the exchange of personal
data shall comply with the relevant national and interna-
tional
legislation, bearing in mind the provisions under
Title VI of the Schengen Convention and those of the
Council of Europe Convention No 108 of 28 January 1981
for the Protection of Individuals with regard to Automatic
Processing of Personal Data as well as, where appropriate,
the principles set out in 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.

8. Personal data should be used and kept only until the end
of the event for which they were supplied and only for the
purposes laid down in this Resolution, unless agreed other-
wise with the Member State which supplied the data.

9. By

analogy with the provisions of

Joint Action
97/339/JHA, the other Member States may send liaison
officers to the host Member State, by specific agreement,
in order to assist the local authorities in preparing and
implementing security and public order measures.

10. By specific bilateral agreement with the Member State
adopting the measures provided for in Article 2(2) of the
Schengen Convention when European Council meetings or
other comparable international events are being held
within its territory, the checks referred to in point 3 may
also, where deemed more appropriate, be carried out with
the assistance of
liaison officers stationed by Member
States at agreed individual border posts.

— Member States are well aware that the reintroduction of
border checks under Article 2(2) of the Schengen Conven-
tion is a measure to be applied in accordance with the
criteria laid down in the Convention and in full compliance
with the Decision of
the Executive Committee of
20 December 1995 (1),

HEREBY ADOPTS THIS RESOLUTION:

1. In accordance with national law, Member States are invited
to supply the Member State hosting a European Council
meeting or another comparable event with any informa-
tion available to them on movements,
in order to be
present at that event, by individuals or groups in respect of
whom there are substantial grounds for believing that they
the Member State with the aim of
intend to enter
the event or
disrupting public order and security at
committing offences relating to the event. Such informa-
tion may also be supplied to the Member States through
which such individuals or groups are expected to transit.

2. In accordance with the provisions of

Joint Action
97/339/JHA, information on groups referred to in point 1
should include their overall composition, their routes and
their transit and stopping-off points, and their means of
transport. The Member State supplying the information
may also specify any other relevant details and the level of
reliability of the information.

3. Any Member State applying border controls for the protec-
tion of European Council meetings or comparable events,
in particular under Article 2(2) of the Schengen Conven-
tion, may also take every step to limit, as far as possible,
the inconvenience caused by checks on travellers; prece-
dence should accordingly be given to intelligence-led
checks focused on individuals in respect of whom there
are substantial grounds for believing that they intend to
enter the Member State with the aim of disrupting public
order and security at the event or committing offences
relating to the event.

4. In order to make it easier for the host Member State to
carry out checks focused on travellers, the other Member
States are invited to supply any information believed to be
of
relevance. The information supplied may concern
names of individuals in respect of whom there are substan-
tial grounds for believing that they intend to enter the

(1) OJ L 239, 22.9.2000, p. 133.