Source: EURLEX
Language: en
Format: md

**Council of the**
**European Union**

**Interinstitutional File:**

**2020/0241(NLE)**

**OUTCOME OF PROCEEDINGS**

From: General Secretariat of the Council

On: 10 November 2020

To: Delegations

No. prev. doc.: 11634/20

**Brussels, 12 November 2020**
**(OR. en)**

**12867/20**

**SCH-EVAL 183**
**ENFOPOL 299**
**COMIX 535**

Subject: Council Implementing Decision setting out a recommendation on
addressing the deficiencies identified in the 2020 evaluation of **Germany**
on the application of the Schengen acquis in the field of **police**
**cooperation**

Delegations will find enclosed the Council Implementing Decision setting out a Recommendation

on addressing the deficiencies identified in the 2020 evaluation of Germany on the application of

the Schengen acquis in the field of police cooperation, adopted by written procedure on

10 November 2020.

In line with Article 15(3) of Council Regulation (EU) No 1053/2013 of 7 October 2013, this

Recommendation will be forwarded to the European Parliament and national Parliaments.

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Council Implementing Decision setting out a

**RECOMMENDATION**

**on addressing the deficiencies identified in the 2020 evaluation of Germany on the application**

**of the Schengen acquis in the field of police cooperation**

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Regulation (EU) No 1053/2013 of 7 October 2013 establishing an

evaluation and monitoring mechanism to verify the application of the Schengen acquis and

repealing the Decision of the Executive Committee of 16 September 1998 setting up a Standing

Committee on the evaluation and implementation of Schengen **[1]**, and in particular Article 15 thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) The purpose of this Decision is to recommend to Germany remedial actions to address the

deficiencies identified during the Schengen evaluation in the field of police cooperation

carried out in 2020. Following the evaluation, a report covering the findings and

assessments, and listing best practices and deficiencies identified during the evaluation was

adopted by Commission Implementing Decision C(2020)4800.

(2) Germany’s strengths in international law enforcement cooperation are most noticeably its

structured and effective risk analysis process used to set up and to address priorities

regarding the fight against crime, including cross-border crime, its decentralisation of access

to Europol’s Secure Information Exchange Network Application and its wide international

network of well-prepared police liaison officers.

**1** OJ L 295, 6.11.2013, p. 27.

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(3) In light of the importance of complying with the Schengen _acquis_, in particular the

requirements for swift information retrieval and exchange both in the international law

enforcement cooperation structures (at central level as much as at the level of the federal

states) and in the field, priority should be given to implement recommendations 1 and 2

below.

(4) This Decision should be transmitted to the European Parliament and to the national

parliaments of the Member States. Within six months of its adoption, Germany should,

pursuant to Article 16(8) of Regulation (EU) No 1053/2013, provide the Commission with

its assessment of how to implement the recommendations for improvements with a

description of required actions,

RECOMMENDS:

that Germany should

1. speed up the roll out of mobile devices (e.g. smartphones) with access to the relevant national

and international databases to police officers;

2. improve the interface between the different case management systems / criminal case handling

systems used across Germany by the diverse law enforcement organisations (federal agencies

and police authorities of the federal states- _Landespolizei_ ) and the joint systems accessible

nation-wide, in order to better monitor international police cooperation requests and help

correlate requests received via various channels;

3. continue the efforts in view of the swift conclusion of the ongoing negotiations to renew the

police cooperation bilateral agreements with Belgium and Switzerland and consider further

engagement with France, Luxembourg and The Netherlands to renew the older generation

agreements in place with those countries;

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4. accelerate the implementation of the Police Information Analysis Network ( _Polizeilicher_

_Informations- und Analyseverbund_ ) in order to support the forward-looking joint national risk

analysis capacity beneficial to an efficient response to cross-border crime with the full

involvement of all competent law enforcement agencies;

5. raise awareness of police officers at all levels on the dedicated procedures to report on internal

cases of misconduct or suspicion of corruption;

6. consider providing the police criminal investigation authorities and the customs criminal

investigation departments further mutual access to information they respectively handle for

serious and organised crime investigation purposes, in particular regarding criminal assets and

profits and the associated money laundering activities;

7. implement paperless solutions to streamline the data processing at the Federal Criminal Police

Office ( _Bundeskriminalamt_ ) – Single Point of Contact and consider similar solutions at the

Bavarian Criminal Police Office ( _Landeskriminalamt_ ) International Cooperation Office;

8. consider the integration of Interpol electronic Automated Search Facility functionalities,

covering _inter alia_ Interpol Stolen Motor Vehicles database, into the national ‘Police Information

System’ INPOL by means of the Fixed Interpol Network Database;

9. raise awareness about specific EU databases (e.g. Visa Information System, EURODAC) and

international databases (especially Interpol) and their potential added value for the

investigations, including by increasing the training of end users in this regard;

10. further develop, in terms of content and user friendliness, the e-learning platform hosted on the

joint police intranet “EXTRAPOL”, and raise awareness of police staff on it, in particular to ease

the access to training on international police cooperation;

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11. develop the continuous training on international law enforcement cooperation matters for the

staff working in this field, _inter alia_ by making further use of e-learning and by considering

mandatory re-training requirements and certification upon completion.

Done at Brussels,

_For the Council_

_The President_

__________________

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