PURPOSE: to make changes to the use of liaison officers poster abroad by the law enforcement agencies of the Member States.

LEGISLATIVE ACT: Council Decision 2006/560/JHA amending Decision 2003/170/JHA on the common use of liaison officers posted abroad by the law enforcement agencies of the Member States.

CONTENT: currently, provisions on the posting of liaison officers abroad is set out in Decision 2003/170/JHA on the common use of liaison officers posted abroad by the law enforcement agencies of the Member States . For a summary of this Decision see CNS/2002/0815. On the initiative of the British is has been decided to modify certain aspects of the Decision and to bring it into line with current practice. At the same time, the Decision amends certain provisions on liaison officers meetings so that a “lead nation” is given responsibility for co-ordinating and initiating EU co-operation in a particular country or region.

In addition, the Decision states that Member States must ensure that all information will be exchanged in accordance with the Europol Convention. Further, and in accordance with national law and the Europol Convention, the Member States may make a request to use Europol liaison officers seconded to third countries or international organisations, for the purpose of exchanging relevant information. Such requests will be addressed to Europol via the Member States’ national units. Europol will ensure that its liaison officers, seconded to third countries and international organisations, will provide all information to it, relating to serious threats of criminal offences to the Member States. Such information will be communicated via the national units in accordance with the Europol Convention.

The General Secretariat will draw up an annual summary on the postings of liaison officers. This report will include information on their duties and any cooperative agreements between the Member States on the postings of their liaison officers. It will also list the Member States who have been tasked with co-ordinating EU co-operation. Details of Europol liaison officers posted to third countries or international organisation will also be included.

This Decision will apply to Gibraltar.

ENTRY INTO FORCE: 25 August 2006.

The European Parliament adopted the report by Martine ROURE (PES, FR) amending - under the consultation procedure - the proposed UK initiative on amending Decision 2003/170/JHA on the common use of liaison officers posted abroad by the law enforcement agencies of the Member States. (Please refer to the summary dated 13/03/2006).

The committee adopted the report by Martine ROURE (PES, FR) amending - under the consultation procedure - the proposed UK initiative on amending Decision 2003/170/JHA on the common use of liaison officers posted abroad by the law enforcement agencies of the Member States. The main amendments were as follows:

- in order to prevent pointless overlap of work, and with a view to fostering a spirit of mutual support and cooperation, Europol liaison officers should be responsible for coordinating the work of the liaison officers seconded by the Member States in cases where there are several of them within one and the same country or organisation;

- information collected by liaison offers seconded by the Member States should "immediately and directly" be forwarded to Europol;

- liaison officers seconded by the Member States should be instructed to "act more globally, taking into account the EU interest";

- where liaison officers seconded by the Member States collect any information on serious criminal threats to another Member State, they should forward that information to their respective national authorities and Europol if the threatened Member State is not represented by its own liaison officer in the country or organisation concerned and to the liaison officers of the Member State in question and Europol if that Member State is represented;

- lastly, a series of drafting amendments sought to include a mention of the Europol Convention at various points in the text where reference is made to national law, given that the Convention has not yet been incorporated into all Member States' domestic legislation.

PURPOSE: To amend Council Decision 2003/170/JHA on the common use of liaison officers posted abroad by the law enforcement agencies of the Member States.

PROPOSED ACT : Council Decision

CONTENT: This proposal is being presented on the initiative of the United Kingdom. It is being done in light of an evaluation of the existing Council Decision, 2003/170/JHA, in relation to liaison officers posted abroad. (Please refer to procedure reference CNS/2002/0815). According to the evaluators’ report certain changes should be made to current practices relating to how Europol liaison officers are used as well as provisions pertaining to when meetings for liaison officers are held. Bearing in mind the evaluators’ recommendations, the current proposal suggests the following amendments be made to Council Decision 2003/170/JHA :

- a, ‘Europol liaison officer’, shall mean a Europol employee, posted abroad to one or more third countries or to an international organisations to support and co-ordinate the co-operation with the authorities in those countries or organisation by facilitating the exchange of information between them.

- the Decision should be without prejudice to Europol liaison officers’ tasks within the framework of the Europol Convention, nor between its implementing arrangements and co-operation agreements concluded between Europol and the third country or international organisation concerned.

- Member States may, at their own initiative, request such meetings - especially those Member States acting as a ‘lead nation’ for EU co-operation in a particular country or region.

- Member States may make a request to Europol to use Europol liaison officers seconded to third countries or international organisations, with a view to the exchange of relevant information. Requests should be addressed in accordance with the Europol Convention.

- Liaison officers seconded to third countries and international organisation must provide Member States any information they may have on serious threats and of any criminal offences relating to Europol’s remit. Any such information shall be communicated to the relevant authorities via national units and in accordance with the Europol Convention.

Lastly, this Decision will apply to Gibraltar.

PURPOSE: To amend Council Decision 2003/170/JHA on the common use of liaison officers posted abroad by the law enforcement agencies of the Member States.

PROPOSED ACT : Council Decision

CONTENT: This proposal is being presented on the initiative of the United Kingdom. It is being done in light of an evaluation of the existing Council Decision, 2003/170/JHA, in relation to liaison officers posted abroad. (Please refer to procedure reference CNS/2002/0815). According to the evaluators’ report certain changes should be made to current practices relating to how Europol liaison officers are used as well as provisions pertaining to when meetings for liaison officers are held. Bearing in mind the evaluators’ recommendations, the current proposal suggests the following amendments be made to Council Decision 2003/170/JHA :

- a, ‘Europol liaison officer’, shall mean a Europol employee, posted abroad to one or more third countries or to an international organisations to support and co-ordinate the co-operation with the authorities in those countries or organisation by facilitating the exchange of information between them.

- the Decision should be without prejudice to Europol liaison officers’ tasks within the framework of the Europol Convention, nor between its implementing arrangements and co-operation agreements concluded between Europol and the third country or international organisation concerned.

- Member States may, at their own initiative, request such meetings - especially those Member States acting as a ‘lead nation’ for EU co-operation in a particular country or region.

- Member States may make a request to Europol to use Europol liaison officers seconded to third countries or international organisations, with a view to the exchange of relevant information. Requests should be addressed in accordance with the Europol Convention.

- Liaison officers seconded to third countries and international organisation must provide Member States any information they may have on serious threats and of any criminal offences relating to Europol’s remit. Any such information shall be communicated to the relevant authorities via national units and in accordance with the Europol Convention.

Lastly, this Decision will apply to Gibraltar.