Considerations on JAI(2001)15 - Initiative of Belgium, France, Spain and the United Kingdom with a view to adopting a Council Framework Decision on joint investigation teams

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dossier JAI(2001)15 - Initiative of Belgium, France, Spain and the United Kingdom with a view to adopting a Council Framework Decision on joint ...
document JAI(2001)15
date June 13, 2002
 
(1) One of the Union's objectives is to provide citizens with a high level of safety within an area of freedom, security and justice and this objective is to be achieved by preventing and combating crime through closer cooperation between police forces, customs authorities and other competent authorities in the Member States, while respecting the principles of human rights and fundamental freedoms and the rule of law on which the Union is founded and which are common to the Member States.

(2) The European Council held in Tampere on 15 and 16 October 1999 called for joint investigation teams as foreseen in the Treaty to be set up without delay, as a first step, to combat trafficking in drugs and human beings as well as terrorism.

(3) Provision has been made in Article 13 of the Convention established by the Council in accordance with Article 34 of the Treaty on European Union on Mutual Assistance in Criminal Matters between the Member States of the European Union(3) for the establishment and operation of joint investigation teams.

(4) The Council urges that all measures be taken to ensure that this Convention is ratified as soon as possible, and in any event in the course of 2002.

(5) The Council recognises that it is important to respond quickly to the European Council's call for the setting up of joint investigative teams without delay.

(6) The Council considers that for the purpose of combating international crime as effectively as possible, it is appropriate that at this stage a specific legally binding instrument on joint investigation teams should be adopted at the level of the Union which should apply to joint investigations into trafficking in drugs and human beings as well as terrorism.

(7) The Council considers that such teams should be set up, as a matter of priority, to combat offences committed by terrorists.

(8) The Member States that set up a team should decide on its composition, purpose and duration.

(9) The Member States setting up a team should have the possibility to decide, where possible and in accordance with applicable law, to let persons not representing the competent authorities of Member States take part in the activities of the team, and that such persons may include representatives of, for example, Europol, the Commission (OLAF) or representatives of authorities of non Member States, and in particular representatives of law enforcement authorities of the United States. In such cases the agreement setting up the team should specify issues relating to possible liability for such representatives.

(10) A joint investigating team should operate in the territory of a Member State in conformity with the law applicable to that Member State.

(11) This Framework Decision should be without prejudice to any other existing provisions or arrangements on the setting up or operation of joint investigation teams.