European Parliament legislative resolution of 31 January 2008 on the 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 (15437/2006 — C6-0058/2007 — 2007/0803(CNS))
Date: 2008-01-31
Institutions: Committee on Civil Liberties, Justice and Home Affairs, European Parliament
Subjects: EU police cooperation, anti-crisis plan, emergency aid, international conflict, public safety, repression, resolution (EU), state of emergency, the EU's international role

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Thursday 31 January 2008

Cooperation between the special intervention units of the Member States *

P6_TA(2008)0028

European Parliament legislative resolution of 31 January 2008 on the 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
(15437/2006 — C6-0058/2007 — 2007/0803(CNS))

(2009/C 68 E/11)

(Consultation procedure)

The European Parliament,

— having regard to the initiative of the Republic of Austria (15437/2006),

— having regard to Articles 30, 32 and 34(2)(c) of the EU Treaty,

— having regard to Article 39(1) of the EU Treaty, pursuant to which the Council consulted Parliament

(C6-0058/2007),

— having regard to Rules 93 and 51 of its Rules of Procedure,

— having regard to the report of

the Committee on Civil Liberties,

Justice and Home Affairs

(A6-0507/2007),

1.

2.

3.

Approves the initiative of the Republic of Austria as amended;

Calls on the Council to amend the text accordingly;

Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

Calls on the Council to consult Parliament again if it intends to amend the initiative of the Republic of

4.
Austria substantially;

Instructs its President to forward its position to the Council and the Commission, and the government

5.
of the Republic of Austria.

TEXT PROPOSED
BY THE REPUBLIC OF AUSTRIA

AMENDMENTS
BY PARLIAMENT

Amendment 1
Recital 4

(4)
No single Member State has all the means, resources and
expertise at its disposal to deal effectively with all possible kinds
of large scale crisis situations requiring special intervention. It is
therefore of crucial importance that each Member State be able
to request the assistance of another Member State.

(4)
No single Member State has all the means, resources and
expertise at its disposal to deal effectively with all possible kinds
of specific or large scale crisis situations requiring special inter-
vention. It is therefore of crucial importance that each Member
State be able to request the assistance of another Member State.

Amendment 2
Recital 5

This Decision sets out some general rules on liability,
(5)
including rules on criminal
in order to provide a
liability,
legal framework for circumstances in which Member States
concerned agree to request and provide assistance. The avail-
ability of this legal framework and of a declaration indicating
the competent authorities will allow the Member States to
react speedily and gain time in the event a crisis situation
arises,

Council Decision 2007/ …/JHA on the stepping up of
(5)
cross-border cooperation, particularly in combating terrorism
and cross-border crime (‘the Prüm Decision’), and in particu-
lar Article 18 thereof, regulates forms of police assistance
between Member States in connection with mass gatherings
and similar major events, disasters and serious accidents.
This Decision does not cover mass gatherings, natural disas-
ters or serious accidents within the meaning of Article 18 of

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TEXT PROPOSED
BY THE REPUBLIC OF AUSTRIA

AMENDMENTS
BY PARLIAMENT

Thursday 31 January 2008

the Prüm Decision, but complements those provisions of the
Prüm Decision which provide for forms of police assistance
between Member States provided through special intervention
units in other situations, namely in crisis situations caused by
human factors or terrorist situations presenting a serious
direct physical threat to persons, property, infrastructure or
institutions,
taking, hijacking and
similar events. With this in view, each Member State should
indicate the competent national authorities from which the
other Member States concerned may request assistance or
intervention.

in particular hostage

Amendment 3

Recital 5a (new)

(5a)
The availability of this legal framework and of a com-
pendium indicating the competent authorities will allow the
Member States to react speedily and gain time in the event
that such a crisis or terrorist situation arises. Moreover, with
a view to enhancing the ability of Member States to prevent
and respond to such situations, and in particular terrorist
incidents, it is essential for the special intervention units to
meet regularly and organise joint training sessions, so as to
benefit from each other's experiences.

Amendment 4

Article 1

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.

This Decision lays down general rules and conditions to allow
for special intervention units of one Member State (hereinafter
referred to as the ‘addressee Member State’) to provide assistance
and/or operate on the territory of another Member State (here-
inafter 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.
The practical details and arrangements for implementing this
Decision shall be agreed directly between the requesting Mem-
ber State and the addressee Member State.

Amendment 6

Article 2, point 2

(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.

(2)

‘crisis situation’ shall mean any man-made situation in a
Member State giving rise to reasonable grounds for believ-
ing that a criminal act has been, is being or will be com-
mitted, which presents a serious direct physical threat to
infrastructure or institutions in that
persons, property,
Member State,
in particular the situations referred to in
Article 1(1) of Council Framework Decision 2002/475/
JHA of 13 June 2002 on combating terrorism (1).

(1) OJ L 164, 22.6.2002, p. 3.

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TEXT PROPOSED
BY THE REPUBLIC OF AUSTRIA

AMENDMENTS
BY PARLIAMENT

Amendment 7

Article 2, point 2a (new)

(2a)

‘competent authority’ shall mean the national authority
which may make requests and give authorisations regard-
ing the deployment of the special intervention units.

Amendment 8

Article 3, paragraph 1

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.

1.
Through a request via the competent authorities setting
out the nature of the assistance requested as well as the opera-
tional necessity thereof, a Member State may ask to be assisted
by a special intervention unit of another Member State with a
view to dealing with a crisis situation. The competent authority
of the addressee Member State may accept or refuse such a
request or may propose a different kind of assistance.

Amendment 9

Article 4

General rules on liability

Civil and criminal 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.

Where officers of a Member State operate within the territory
of another Member State and/or equipment is used under this
Decision, the provisions on civil and criminal liability set out
in Articles 21 and 22 of the Prüm Decision shall apply.

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 lim-
its 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
applicable 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 reimburse 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.

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TEXT PROPOSED
BY THE REPUBLIC OF AUSTRIA

AMENDMENTS
BY PARLIAMENT

Thursday 31 January 2008

Article 5

Criminal liability

Amendment 10

Article 5

deleted

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

Amendment 11

Article 6

Member States shall ensure that their relevant authorities hold
meetings and organise joint training and exercises, whenever
necessary, with a view to exchanging experience, expertise and
general, practical and technical
information about providing
assistance in crisis situations.

All participating Member States shall ensure that their special
intervention units hold meetings and regularly organise joint
training courses and exercises, with a view to exchanging
experience, expertise and general, practical and technical infor-
mation about providing assistance in crisis situations. Such
meetings, training courses and exercises may be funded under
certain financial programmes of the Union and obtain grants
financed from the general budget of the European Union. In
this context, the Member State holding the Presidency of the
EU shall endeavour to ensure that such meetings, training
courses and exercises take place.

Amendment 12

Article 7

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

The requesting Member State shall bear the operational costs
incurred by the addressee Member State's special intervention
units in connection with the application of Article 3, including
transport and accommodation costs, unless otherwise agreed
between the Member States concerned.

Amendment 13

Article 8, paragraph 4a (new)

4a.
Nothing in this Decision shall be construed as permit-
ting the application of these rules governing cooperation
among the law enforcement agencies of the Member States to
relations with the relevant agencies of third countries in cir-
cumvention of the existing rules of national
legal systems
applicable to international police cooperation.