Initiative of the Republic of Austria with a view to adopting a Council Decision on the improvement of cooperation between the special intervention units of the Member States of the European Union in crisis situations
Date: 2006-12-29
Institutions: Austria
Subjects: EU Member State, cooperation policy, emergency aid, public safety, repression, state of emergency

29.12.2006

EN

Official Journal of the European Union

C 321/45

II

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

Initiative of the Republic of Austria with a view to adopting a Council Decision on the improve-
ment of cooperation between the special intervention units of the Member States of the European
Union in crisis situations

(2006/C 321/15)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particu-
lar Article 30, Article 32 and Article 34(2)(c) thereof,

Having regard to the initiative of the Republic of Austria (1),

States concerned agree to request and provide assistance.
The availability of this legal framework and of a declara-
tion indicating the competent authorities will allow the
Member States to react speedily and gain time in the
event a crisis situation arises,

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

HAS DECIDED AS FOLLOWS:

Whereas:

(1)

(2)

(3)

(4)

(5)

Article 29 of the Treaty on European Union states that
the Union's objective is to provide citizens with a high
level of safety within an area of freedom, security and
justice by developing common action among the
Member States in the fields of police and judicial coop-
eration in criminal matters.

In their Declaration on Solidarity against Terrorism of 25
March 2004, the Heads of State and Government of the
Member States of the European Union declared their firm
intention that the Member States mobilise all the instru-
ments at their disposal to assist a Member State or an
acceding State in it is territory at the request of its poli-
tical authorities in the event of a terrorist attack.

Following the attacks of 11 September 2001, the special
intervention units of all law enforcement authorities of
the Member States have already initiated cooperation
activities under the aegis of the Police Chiefs Task Force.
Since 2001, their network, called ‘Atlas’, has conducted
various seminars, studies, exchanges of materials, and
joint exercises.

its disposal

No single Member State has all the means, resources and
expertise at
to deal effectively with all
large scale crisis situations requiring
possible kinds of
special intervention. It is therefore of crucial importance
that each Member State be able to request the assistance
of another Member State.

This Decision sets out some general rules on liability,
including rules on criminal liability, in order to provide a
framework for circumstances in which Member
legal

(1) OJ C …
(2) Opinion of … (not yet published in the Official Journal).

Article 1

Subject matter

This Decision lays down general rules and conditions to allow
for special intervention units of one Member State to provide
assistance and/or operate on the territory of another Member
State (hereinafter referred to as the ‘requesting Member State’) in
cases where they have been invited by the latter Member State
and have agreed to do so in order to deal with a crisis situation.

Article 2

Definitions

For the purpose of this Decision:

1) ‘special

intervention unit’ shall mean any law enforcement
authority of a Member State which is specialised in the
control of a crisis situation.

2) ‘crisis situation’ shall mean any man-made situation in a
Member State presenting a serious direct physical threat to
persons or institutions in that Member State, in particular
hostage-taking, hijacking and similar incidents.

Article 3

Assistance to another Member State

1.
A Member State may ask to be assisted by a special inter-
vention unit of another Member State with a view to dealing
with a crisis situation. A Member State may accept or refuse
such a request or may propose a different kind of assistance.

C 321/46

EN

Official Journal of the European Union

29.12.2006

Subject

to agreement between the Member

States
2.
concerned, assistance may consist of the provision of equipment
or expertise to the requesting Member State, or of carrying out
actions on the territory of that Member State.

necessary, with a view to exchanging experience, expertise and
general, practical and technical
information about providing
assistance in crisis situations.

In the case of actions on the territory of the requesting
3.
Member State, officers of the assisting special intervention unit
shall:

Article 7

Costs

(a) be authorised to act in a supporting capacity on the terri-

tory of the requesting Member State;

Each Member State shall bear its own costs, unless otherwise
agreed between the Member States concerned.

(b) operate under

the
requesting Member State and in accordance with the law of
the requesting Member State;

the responsibility and direction of

(c) operate within the limits of

their powers under

their

national law.

Article 4

General rules on liability

1. Where,
in accordance with this Decision, officers of a
Member State operate in the territory of another Member State,
the latter Member State shall be liable for any damage caused by
them during their operations.

2.
By way of derogation from paragraph 1, where the
damage results from actions that were contrary to directions
given by the requesting Member State or were beyond the limits
of the of the relevant officers' powers under their national law,
the following rules shall apply:

(a) a Member State in whose territory the damage was caused
shall make good such damage under the conditions applic-
able to damage caused by its own officers;

(b) a Member State whose officers have caused damage to any
person in the territory of another Member State shall reim-
burse the latter in full any sums it has paid to the victims or
persons entitled on their behalf;

(c) without prejudice to the exercise of its rights vis-à-vis third
parties and with the exception of point (b), each Member
State shall refrain in the circumstances provided for in this
paragraph from requesting reimbursement of damages it has
sustained from another Member State.

Article 5

Criminal liability

During the operations referred to in Article 3, officers operating
in the territory of another Member State shall be regarded as
officers of
to offences
that Member State with respect
committed against them or by them.

Article 6

Meetings and joint training

Member States shall ensure that their relevant authorities hold
meetings and organise joint training and exercises, whenever

Article 8

Relation to other instruments

1. Member States may continue to apply bilateral or multilat-
eral agreements or arrangements in force on … (*) in so far as
such agreements or arrangements allow the objectives of this
Decision to be extended or enlarged between Member States.

2. Member States may conclude or bring into force bilateral
or multilateral agreements or arrangements after … (*) in so far
as such agreements or arrangements allow the objectives of this
Decision to be extended or enlarged between Member States.

3.
The agreements and arrangements referred to in para-
graphs 1 and 2 may in no case affect relations with Member
States which are not parties thereto.

4. Member States shall inform the Council and the Commis-
sion of the agreements or arrangements referred to in para-
graphs 1 and 2.

Article 9

Final provisions

Each Member State shall, before … (*), state in a declaration
deposited with the General Secretariat of the Council which
authorities are covered by the definition of special intervention
unit, and which competent authorities may make requests and
give authorisations for providing assistance as referred to in
Article 3. Any such declaration may be modified at any time.

Article 10

Taking effect

This Decision shall take effect on … (**).

Done at Brussels, …

For the Council

The President

…

(*) …
(**) …