Annexes to COM(2021)782 - Information exchange between law enforcement authorities of Member States

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dossier COM(2021)782 - Information exchange between law enforcement authorities of Member States.
document COM(2021)782 EN
date May 10, 2023
Agreement and their related bi/multilateral agreements.
(18) For example: Council doc. 5825/20 of 2/12/2020, Manual on Law Enforcement Information Exchange.
(19) Article 72 TFEU.
(20) The Single Point of Contact is the national information hub centralising the reception, processing and the sending of the information to other countries. It gathers under the same management structure all main international and EU law enforcement communication channels (INTERPOL, Europol and SIRENE).
(21) See the Impact Assessment accompanying this proposal.
(22) Transliteration is the process of representing words/names from one language using the alphabet or writing system of another language (multilingual name recognition). E.g. the letter "o" can be 'ò', 'ó', 'ô, 'õ', 'ö', 'ø' depending on the language/alphabet used.
(23) A fuzzy database is a database which is able to deal with uncertain or incomplete information using fuzzy logic. i.e. the ability to find matches even when a person' name is misspelled.
(24) The exchange of supplementary information related to SIS alerts must be done via a single network of national offices called SIRENE Bureaux.
(25) Europol National Unit. Information exchange with Europol must be done via ENUs using SIENA.
(26) A number of national SPOCs use internal guidelines recommending or requiring the specific use of a communication channel for specific purpose, thereby ensuring consistency and avoiding duplication of requests. However, other SPOCs rely on officers' habits and preferences, such leeway resulting in inefficiencies in a cross-border investigation context.
(27) Regulation (EU) 2019/817 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between the EU information systems in the field of borders and visa and amending Regulations (EC) No 767/2008, (EU) 2016/399, (EU) 2017/2226, (EU) 2018/1240, (EU) 2018/1726 and (EU) 2018/1861 of the European Parliament and of the Council and Council Decisions 2004/512/EC and 2008/633/JHA [2019] OJ L 135/27; Regulation (EU) 2019/818 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between the EU information systems in the field of police and judicial cooperation, asylum and migration and amending Regulations (EU) 2018/1726, (EU) 2018/1862 and (EU) 2019/816 [2019] OJ L 135/85.
(28) COM/2020/796 final.
(29) COM/2018/225 final - 2018/0108 (COD).
(30) OJ L 312, 7.12.2018, p. 1–13. Regulation 2018/1860 on the use of the Schengen Information System for the return of illegally staying third-country nationals; Regulation 2018/1861 on the establishment, operation and use of the Schengen Information System (SIS) in the field of border checks, and amending the Convention implementing the Schengen Agreement, and amending and repealing Regulation No 1987/2006; Regulation 2018/1862 on the establishment, operation and use of the Schengen Information System (SIS) in the field of police cooperation and judicial cooperation in criminal matters, amending and repealing Council Decision 2007/533/JHA, and repealing Regulation No 1986/2006 and Commission Decision 2010/261/EU, as amended.
(31) OJ L 186, 11.7.2019, p. 122–137.
(32) Iceland, Liechtenstein, Norway and Switzerland.
(33) Council Conclusions on Internal Security and European Police Partnership, 13083/1/20.
(34) An exhaustive presentation of the stakeholder consultations is found in the Impact Assessment accompanying the present proposal.
(35) SWD (2017) 350, 7.7.2017.
(36) EU police cooperation code – tackling cross-border serious & organised crime (europa.eu)
(37) See Impact Assessment accompanying this proposal.
(38) See Impact Assessment accompanying this proposal.
(39)

   Directive (EU) 2016/680, OJ L 119, 4.5.2016.

(40) COM(2020)262, Way forward on aligning the former third pillar acquis with data protection rules.
(41) Police and Customs Cooperation Centres are regional information hubs set up in border regions of two or more Member States. They are composed by personnel of law enforcement authorities from these Member States. So far, 59 Police and Customs Cooperation Centres have been set up across Europe.
(42) Regulation (EU) 2021/1149.
(43) See Articles 3(2)(a) and (b) of Regulation (EU) 2021/1149.
(44) OJ L 295, 6.11.2013, p. 27–37.
(45) Commission proposal for a Council regulation on the establishment and operation of an evaluation and monitoring mechanism to verify the application of the Schengen acquis and repealing Regulation (EU) 1053/2013, 2 June 2021.
(46) OJ L 312, 7.12.2018, p. 1–13. Regulation 2018/1860 on the use of the Schengen Information System for the return of illegally staying third-country nationals; Regulation 2018/1861 on the establishment, operation and use of the Schengen Information System (SIS) in the field of border checks, and amending the Convention implementing the Schengen Agreement, and amending and repealing Regulation No 1987/2006; Regulation 2018/1862 on the establishment, operation and use of the Schengen Information System (SIS) in the field of police cooperation and judicial cooperation in criminal matters, amending and repealing Council Decision 2007/533/JHA, and repealing Regulation No 1986/2006 and Commission Decision 2010/261/EU, as amended.
(47)

   Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders (OJ L 239, 22.9.2000, p. 19).

(48) Council Framework Decision 2006/960/JHA of 18 December 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union (OJ L 386, 29.12.2006, p. 89).
(49) 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 (OJ L 295, 6.11.2013, p. 27). 
(50) Regulation (EU) 2018/1860 of the European Parliament and of the Council of 28 November 2018 on the use of the Schengen Information System for the return of illegally staying third-country nationals (OJ L 312, 7.12.2018, p. 1). 
(51) Regulation (EU) 2018/1861 of the European Parliament and of the Council of 28 November 2018 on the establishment, operation and use of the Schengen Information System (SIS) in the field of border checks, and amending the Convention implementing the Schengen Agreement, and amending and repealing Regulation No 1987/2006 (OJ L 312, 7.12.2018, p. 14).
(52) Regulation (EU) 2018/1862 of the European Parliament and of the Council of 28 November 2018 on the establishment, operation and use of the Schengen Information System (SIS) in the field of police cooperation and judicial cooperation in criminal matters, amending and repealing Council Decision 2007/533/JHA, and repealing Regulation No 1986/2006 and Commission Decision 2010/261/EU (OJ L 312, 7.12.2018, p. 56).
(53) Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 24.5.2016, p. 53).
(54) Directive (EU) 2016/681 of the European Parliament and of the Council of 27 April 2016 on the use of passenger name record (PNR) data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime (OJ L 119, 4.5.2016, p. 132).
(55) Directive (EU) 2019/1153 of the European Parliament and of the Council of 20 June 2019 laying down rules facilitating the use of financial and other information for the prevention, detection, investigation or prosecution of certain criminal offences, and repealing Council Decision 2000/642/JHA (OJ L 186, 11.7.2019, p. 122).
(56) 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 (OJ L 210, 6.8.2008, p. 1).
(57) Council Decision 2008/616/JHA of 23 June 2008 on the implementation of Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (OJ L 210, 6.8.2008, p. 12). A proposal for a Regulation on automated data exchange for police cooperation ("Prüm II"), intends to repeal parts of those Council Decisions.
(58)

   Regulation proposal, COM/2018/225 final - 2018/0108 (COD). 

(59) Directive proposal, COM/2018/226 final - 2018/0107 (COD).
(60) Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119 4.5.2016, p. 89).
(61) Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 24.5.2016, p. 53).
(62) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119 4.5.2016, p. 1).
(63) Council Decision 2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen acquis (OJ L 64, 7.3.2002). 
(64) OJ L 176, 10.7.1999, p. 36.
(65) Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis (OJ L 176, 10.7.1999). 
(66) OJ L 53, 27.2.2008, p. 52.
(67) Council Decision 2008/146/EC of 28 January 2008 on the conclusion, on behalf of the European Community, of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation's association with the implementation, application and development of the Schengen acquis (OJ L 53, 27.2.2008).
(68) Council Decision 2008/149/JHA of 28 January 2008 on the conclusion on behalf of the European Union of the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis (OJ L 53, 27.2.2008).
(69) OJ L 160, 18.6.2011, p. 21.
(70) Council Decision 2011/350/EU of 7 March 2011 on the conclusion, on behalf of the European Union, of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis, relating to the abolition of checks at internal borders and movement of persons (OJ L 160, 18.6.2011).
(71) Council Decision 2011/349/EU of 7 March 2011 on the conclusion on behalf of the European Union of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis relating in particular to judicial cooperation in criminal matters and police cooperation (OJ L 160, 18.6.2011).
(72) Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ L 190, 18.7.2002, p. 1).
(73) Regulation (EU) 2018/1862 of the European Parliament and of the Council of 28 November 2018 on the establishment, operation and use of the Schengen Information System (SIS) in the field of police cooperation and judicial cooperation in criminal matters, amending and repealing Council Decision 2007/533/JHA, and repealing Regulation (EC) No 1986/2006 of the European Parliament and of the Council and Commission Decision 2010/261/EU (OJ L 312 7.12.2018, p. 56).