The Commission presents a Staff Working document on Council Framework Decision 2006/960/JHA ("Swedish Initiative"). The Framework Decision requires the Commission, before 19 December 2010, to submit a report to the Council on the operation of the Framework Decision. Thereupon, the Council shall assess before 19 December 2011 the extent to which Member States have complied with the provisions of the Framework Decision.

This document sets out how the Framework Decision has operated in practice from December 2008 until December 2010. It does not evaluate the Framework Decision nor assess the extent to which Member States have complied with its provisions as that prerogative has been reserved for the Council by the instrument itself.

The report shows that the Swedish initiative has not yet reached its full potential, but the interoperability coordination programme within the EU Information Management Strategy will foster the usage of this instrument and increase the importance of this information exchange tool in the future.

In addition, the implementation of Council Decisions 2008/615/JHA and 2008/616/JHA (Prüm Decisions) could enhance the usage of this instrument and this will be further examined by the Commission in 2012.

SEC(2011)0593
EUR-Lex

PURPOSE: Corrigendum to Council Framework Decision 2006/960/JHA on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union (Framework Decision first published in the Official Journal of the European Union L386 of 29 December 2006, p.0089).

This Framework Decision establishes the rules under which Member States' law enforcement authorities may exchange existing information and intelligence effectively and expeditiously for the purpose of conducting criminal investigations or criminal intelligence operations.

The corrigendum clarifies certain points:

that Member States shall take the necessary measures to comply with the provisions of this Framework Decision before 19 December 2008 ; the Commission shall, before 19 December 2010 , submit a report to the Council on the operation of this Framework Decision; the Council shall before 19 December 2011 assess the extent to which Member States have complied with the provisions of this Framework Decision; Member States shall no later than 19 December 2007 , notify the Council and the Commission of the existing agreements and arrangements which they wish to continue applying.

OJ L 386 29.12.2006, p. 0089
Corrigendum to final act 32006F0960R(01)
OJ L 075 15.03.2007, p. 0026

The Mixed Committee agreed on a general approach on the Framework Decision on simplifying the exchange of information and intelligence between law enforcement authorities, in particular as regards serious offences including terrorism acts. The Framework Decision will ensure that certain information vital for law enforcement authorities is exchanged in a rapid manner within the EU.

2696

The Mixed Committee discussed the scope of a draft Framework Decision on simplifying the exchange of information and intelligence between law-enforcement authorities of the Member States. The Council will re-examine this issue at its meeting on December with a view to reaching agreement on the whole text before the end of the year.

2683

SP(2005)2882

The European Parliament adopted a resolution drafted by Antoine DUQUESNE (ALDE, BE) and made some amendments to the Commission’s text. (Please see the summary of 25/05/2005.) In addition, Parliament appended the following to the original proposal:

- i f information or intelligence cannot be provided immediately, the competent law enforcement authority having received a request for information or intelligence shall indicate immediately the timeframe within which it can be provided;

- a competent law enforcement authority may also refuse to provide information where it has reason to believe that the state requesting the information might use that information for the prosecution of offences other than that stated in the request. The information received may only be used for the prosecution of the crime for which it is requested.

T6-0216/2005
OJ C 124 25.05.2006, p. 0020-0215 E

Results of vote in Parliament

Debate in Parliament

The European Parliament adopted a resolution drafted by Antoine DUQUESNE (ALDE, BE) and made some amendments to the Commission’s text. (Please see the summary of 25/05/2005.) In addition, Parliament appended the following to the original proposal:

- i f information or intelligence cannot be provided immediately, the competent law enforcement authority having received a request for information or intelligence shall indicate immediately the timeframe within which it can be provided;

- a competent law enforcement authority may also refuse to provide information where it has reason to believe that the state requesting the information might use that information for the prosecution of offences other than that stated in the request. The information received may only be used for the prosecution of the crime for which it is requested.

T6-0216/2005

A6-0162/2005

A6-0162/2005

The committee adopted the report by Antoine DUQUESNE (ALDE, BE) amending the proposed initiative under the consultation procedure:

- Member States should ensure that the information or intelligence provided to the competent law authorities of the other Member States is also provided to Europol and Eurojust if the exchange relates to an offence or criminal activity within the Europol or Eurojust mandate;

- the clause setting a 12-hour deadline for the provision of the information requested was amended so that the deadline could be, "in the case of information which requires formalities or prior contacts with other authorities, 48 hours if the matter is urgent and otherwise 10 working days";

- access to information and intelligence should be "in line with the proportionality principle according to data protection experts within the European Union";

- the state providing the information shall have the right, "on certain grounds relating to human rights or national law", to refuse to provide information. It can also refuse to do so "where justified in terms of respect for the integrity of natural persons or the protection of business secrets";

- Member States should not have the option of using "surplus information" to bring prosecutions for offences completely unrelated to those for which the information was originally requested;

- the committee deleted a number of clauses in Article 9 and introduced four new articles (9a, 9b, 9c and 9d) setting out a series of data protection provisions;

- a new Article 11a specified that each Member State shall accept the jurisdiction of the EC Court of Justice "to give preliminary rulings on the validity and interpretation of this Framework Decision in accordance with Article 35(2) of the TEU".

PE357.861

PUROSE: to simplifying the exchange of information and intelligence regarding serious offences, including terrorist acts.

PROPOSED ACT: Framework Decision.

CONTENT: this Framework Decision is being proposed on the initiative of the Kingdom of Sweden. The stated intention of the Decision is to establish rules under which Member States' law enforcement authorities exchange information and intelligence relating to crime investigations including terrorist acts. The Decision notes that one of the Union's core objectives is to provide its citizens with a high level of security within an area of freedom, security and justice. This core objective is being seriously undermined by the lack of information exchange between the Member States relating to criminal activities, thanks, in large part, to the continued need for formal procedures, administrative structures and legal obstacles laid down in Member States' legislation. This Council initiative seeks to rectify the situation by adopting a legally binding instrument, which simplifies the exchange of information and intelligence. The actual provisions enshrined in the Framework Decision state that:

- National provisions, bilateral or multilateral agreements, or indeed agreements between the Member States, which are more favourable, will not be prejudiced by the measures in the Decision.

- Member States are not obliged to provide information and intelligence, which can be used before a judicial authority as evidence. Where a Member State has obtained information or intelligence in accordance with the Decision, and wants to use it as evidence in a criminal proceeding, it has to obtain the consent of the Member State that provided the intelligence.

- A number of terms are defined and include: competent law enforcement authorities, crime investigation, criminal intelligence operation and information and intelligence.

- Member States must ensure that information and intelligence can be provided to the competent law enforcement authorities in another Member States. In turn, intelligence can be provided on request by a competent law enforcement authority, acting within the limits conferred upon it by national law, conducting a crime investigation or a criminal intelligence operation.

- Information and intelligence should be provided without delay and Member States should ensure that they have procedures in place to be able to respond to a request within 12 hours. A long catalogue of offences are listed as applying to this measure and range from terrorism, trafficking in human beings to environmental crime and computer-related crime.

- The Communication channels to be used may take place via the SIRENE Bureaux, or through the European Police Office established by the Europpol Convention. Alternatively Member States may agree, on a case-by-case, basis for other channels in which information can be exchanged – for example through a liaison officer or directly between national or local law enforcement authorities.

- Provisions relating to the spontaneous exchange of information and intelligence, data protection and confidentiality are included in the Framework Decision.

- Lastly, Member States may refuse to pass on intelligence in cases where the information could harm essential national security interests, jeopardise the success of a current investigation or criminal intelligence operation or in cases where the requested information and intelligence is disproportionate or irrelevant with regard to the purposes for which it has been requested.

10215/2004
OJ C 281 18.11.2004, p. 0005-0010

PUROSE: to simplifying the exchange of information and intelligence regarding serious offences, including terrorist acts.

PROPOSED ACT: Framework Decision.

CONTENT: this Framework Decision is being proposed on the initiative of the Kingdom of Sweden. The stated intention of the Decision is to establish rules under which Member States' law enforcement authorities exchange information and intelligence relating to crime investigations including terrorist acts. The Decision notes that one of the Union's core objectives is to provide its citizens with a high level of security within an area of freedom, security and justice. This core objective is being seriously undermined by the lack of information exchange between the Member States relating to criminal activities, thanks, in large part, to the continued need for formal procedures, administrative structures and legal obstacles laid down in Member States' legislation. This Council initiative seeks to rectify the situation by adopting a legally binding instrument, which simplifies the exchange of information and intelligence. The actual provisions enshrined in the Framework Decision state that:

- National provisions, bilateral or multilateral agreements, or indeed agreements between the Member States, which are more favourable, will not be prejudiced by the measures in the Decision.

- Member States are not obliged to provide information and intelligence, which can be used before a judicial authority as evidence. Where a Member State has obtained information or intelligence in accordance with the Decision, and wants to use it as evidence in a criminal proceeding, it has to obtain the consent of the Member State that provided the intelligence.

- A number of terms are defined and include: competent law enforcement authorities, crime investigation, criminal intelligence operation and information and intelligence.

- Member States must ensure that information and intelligence can be provided to the competent law enforcement authorities in another Member States. In turn, intelligence can be provided on request by a competent law enforcement authority, acting within the limits conferred upon it by national law, conducting a crime investigation or a criminal intelligence operation.

- Information and intelligence should be provided without delay and Member States should ensure that they have procedures in place to be able to respond to a request within 12 hours. A long catalogue of offences are listed as applying to this measure and range from terrorism, trafficking in human beings to environmental crime and computer-related crime.

- The Communication channels to be used may take place via the SIRENE Bureaux, or through the European Police Office established by the Europpol Convention. Alternatively Member States may agree, on a case-by-case, basis for other channels in which information can be exchanged – for example through a liaison officer or directly between national or local law enforcement authorities.

- Provisions relating to the spontaneous exchange of information and intelligence, data protection and confidentiality are included in the Framework Decision.

- Lastly, Member States may refuse to pass on intelligence in cases where the information could harm essential national security interests, jeopardise the success of a current investigation or criminal intelligence operation or in cases where the requested information and intelligence is disproportionate or irrelevant with regard to the purposes for which it has been requested.

10215/2004