Council Decision 2008/617/JHA of 23 June 2008 on the improvement of cooperation between the special intervention units of the Member States of the European Union in crisis situations
Date: 2008-06-23
Institutions: Council of the European Union
Subjects: EU Member State, emergency aid, police cooperation, public safety, repression, state of emergency

6.8.2008

EN

Official Journal of the European Union

L 210/73

COUNCIL DECISION 2008/617/JHA

of 23 June 2008

on the improvement of cooperation between the special intervention units of the Member States of
the European Union in crisis situations

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular
Articles 30, 32 and 34(2)(c) thereof,

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

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

those provisions of

disasters and serious accidents. This Decision does not
cover mass gatherings, natural disasters or serious accidents
within the meaning of Article 18 of the Prüm Decision but
complements
the Prüm Decision
envisaging forms of police assistance between Member
States through special intervention units in other situations,
namely in man-made crisis situations presenting a serious
direct physical threat to persons, property, infrastructure or
institutions,
in particular hostage taking, hijacking and
similar events.

Whereas:

(6)

(1) Article 29 of the Treaty 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 cooperation in criminal matters.

(2)

(3)

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 its territory at the request of its political
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.

(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 intervention. It is therefore of crucial importance
that each Member State be able to request the assistance of
another Member State.

(5) Council Decision 2008/615/JHA of 23 June 2008 on the
stepping up of cross-border cooperation, particularly in
combating terrorism and cross-border crime (3)
(Prüm
Decision), and in particular Article 18 thereof, regulates
forms of police assistance between Member States in
connection with mass gatherings and similar major events,

this

availability of

The
framework and of a
legal
compilation indicating the competent authorities will allow
Member States to react speedily and gain time should such
a crisis situation arise. Moreover, with a view to enhancing
Member States' ability to prevent and respond to such crisis
situations, and in particular terrorist incidents, it is essential
intervention units to meet regularly and
for the special
organise joint
from mutual
trainings, so as to benefit
experiences,

HAS DECIDED AS FOLLOWS:

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 requesting Member
State and have agreed to do so in order to deal with a crisis
situation. The practical details and implementing arrangements
complementing this Decision shall be agreed directly between
the requesting Member State and the requested Member State.

Article 2

Definitions

For the purpose of this Decision:

(1) OJ C 321, 29.12.2006, p. 45.
(2) Opinion of 31 January 2008 (not yet published in the Official

Journal).

(3) See page 1 of this Official Journal.

(a)

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

L 210/74

EN

Official Journal of the European Union

6.8.2008

(b)

‘crisis situation’ shall mean any situation in which the
competent authorities of a Member State have reasonable
there is a criminal offence
grounds
to believe that
presenting a serious direct physical
to persons,
threat
infrastructure or institutions in that Member
property,
in particular those situations referred to in Arti-
State,
cle 1(1) of Council Framework Decision 2002/475/JHA of
13 June 2002 on combating terrorism (1);

(c)

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

Article 3

Assistance to another Member State

1. Through a request via the competent authorities, setting out
the nature of the assistance requested as well as the operational
necessity therefor, 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
requested Member State may accept or refuse such a request or
may propose a different kind of assistance.

Article 5

Meetings and joint training

The participating Member States shall ensure that their special
intervention units hold meetings and organise joint training and
exercises, whenever necessary, with a view to exchanging
experience, expertise and general, practical and technical
information on dealing with a crisis situation. Such meetings,
training and exercises may be funded under possibilities offered
by the financial programmes of the Union to obtain grants from
the budget of the European Union. In this context, the Member
State holding the Presidency of the Union shall endeavour to
ensure that such meetings, training and exercises take place.

Article 6

Costs

The requesting Member State shall bear the operational costs
incurred by the requested 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.

2.
Subject to agreement between the Member States concerned,
assistance may consist of providing the requesting Member State
with equipment and/or expertise and/or of carrying out actions
on the territory of that Member State, using weapons if so
required.

Article 7

Relation to other instruments

3.
In the case of actions on the territory of the requesting
Member State, officers of the assisting special intervention unit
shall be authorised to operate in a supporting capacity on the
territory of the requesting Member State and take all necessary
measures to provide the requested assistance in so far as they:

(a)

operate under the responsibility, authority and direction of
the requesting Member State and in accordance with the
law of the requesting Member State; and

(b)

operate within the limits of
national law.

their powers under their

Article 4

Civil and criminal liability

When officers of a Member State operate within another Member
State and/or equipment
the
provisions on civil and criminal
in Arti-
cles 21(4) and (5) and 22 of the Prüm Decision shall apply.

liability, set out

is used under

this Decision,

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

1. Without prejudice to their commitments under other acts
adopted pursuant to Title VI of the Treaty, in particular the Prüm
Decision:

agreements or

(a) Member States may continue to apply bilateral or multi-
lateral
arrangements on cross-border
cooperation in force on 23 June 2008 in so far as such
agreements or arrangements are not incompatible with the
objectives of this Decision;

(b) Member States may conclude or bring into force bilateral or
multilateral agreements or arrangements on cross-border
cooperation after 23 December 2008 in so far as such
agreements or arrangements provide for the objectives of
this Decision to be extended or enlarged.

2. The agreements and arrangements referred to in paragraph 1
may not affect relations with Member States which are not
parties thereto.

3. Member States shall inform the Council and the Commis-
referred to in
sion of
paragraph 1.

the agreements or arrangements

6.8.2008

EN

Official Journal of the European Union

L 210/75

Article 8

Final provisions

Article 9

Entry into force

The General Secretariat of the Council shall compile and keep up
to date the list of the competent authorities of the Member States
which may make requests and give authorisations for providing
assistance as referred to in Article 3.

This Decision shall enter into force on 23 December 2008.

Done at Luxembourg, 23 June 2008.

inform the
The General Secretariat of
authorities mentioned in paragraph 1 of any change to the list
established pursuant to this Article.

the Council

shall

For the Council

The President

I. JARC