Considerations on COM(2021)780 - Operational police cooperation - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2021)780 - Operational police cooperation. |
|---|---|
| document | COM(2021)780  |
| date | December 8, 2021 |
(2) Setting up permanent joint patrols and other joint operations’ capabilities in intra-EU border areas is necessary to match the criminal activities and the challenges that the permanent and growing mobility of people, goods and services inside the Union entails for police forces. Existing structures such as the Police and Customs Cooperation Centers should expand their current role to become capable of planning, supporting, coordinating and conducting joint patrols and other joint operations based on shared risk analysis and needs assessment, in accordance with the applicable legal requirements, in order to prevent, detect, and support investigations into cross-border crimes conducted in intra-EU border areas.
(3) Criminal networks active in migrant smuggling and trafficking in human beings take advantage of the absence of internal borders in the area without controls at internal borders (“the Schengen area”) to facilitate the unauthorised movements of irregular migrants and exploit the vulnerable situation of victims for profit. An effective Union return policy requires efficient and proportionate measures for the apprehension and identification of irregular migrants. In that regard, coordination, in particular by using the mechanisms referred to in Article 6(3) of Directive 2008/115/EC of the European Parliament and of the Council 53 , should be encouraged, so as to contribute to preventing and responding to unauthorised movements of irregular migrants and help address the threats to public policy or internal security, while limiting the impact on the movement of bona fide travellers. In the absence of internal border controls, targeted joint patrols and other joint operations in intra-EU border areas are a valuable tool to counter migrant smuggling and trafficking in human beings, to prevent and detect illegal staying and cross-border crime linked to irregular migration, and to facilitate the effective practical implementation of bilateral readmission agreements, while respecting Commission Recommendation (EU) 2017/432. 54 Combatting trafficking in human beings effectively requires police cooperation in both national and transnational contexts, in order to identify and support victims, as well as to improve prosecution and conviction of traffickers.
(4) The limited availability of police forces that Member States can deploy abroad and the lack of coordinated deployment based on prior joint analysis can render police deployments in other Member States ineffective. A Union coordination platform where Member States can exchange on their needs and priorities for joint patrols and other joint operations with a pan-European dimension could create the necessary structure to conduct such operations in an efficient and effective manner, so as to maintain and enhance public order and safety, to prevent criminal offences, including by serious and organised crime groups, and to help address specific crime waves in key locations, at specific times and in specific situations.
(5) Communication and access to available information are critical for successful cross-border operational cooperation. Front line officers acting in another Member State should have real-time access through mobile solutions, such as handheld devices or in-car mounted police computers, to information held in Union information systems, through the European Search Portal (ESP), and to their relevant national databases, in line with applicable access rights and the applicable Union and national legislation. They should also be equipped with reliable and secure, real-time interconnectable mobile communication means, such as instant messenger tools, that function across borders in order to communicate directly with their authorities and those of the host Member State. Member States should make use of the technical solutions to be provided by Europol’s innovation lab, to ensure the interconnectivity of secure communication means across borders that should as a minimum enable the secure use of real-time mobile communication means, as well as the geolocation of their police vehicles, for example through GPS tracking or drones, during a cross-border police operation.
(6) Effective cross-border operational police cooperation requires moving towards a common Union culture of policing. Setting up joint initial trainings and exchange programmes between police cadets on matters relating to such cooperation and continuous development courses on those matters for front line officers and crime investigators are instrumental in building skills, knowledge and confidence. It is important that Member States adjust and align the curricula of their national police academies, in all levels of training to include accredited cross-border operational police cooperation courses, and career paths for cadets and officers who graduate from these trainings. Member States should also make best use of the European Union Agency for Law Enforcement Training (CEPOL) by providing their training needs and support the agency’s activities, aligning their training portfolio to the priorities related to cross-border cooperation set in the EU Strategic Training Needs Assessments (EU-STNA). They should reflect on the possibility to create large scale and long term pan-European joint training and exchange programmes for police cadets and officers in the field of cross-border operational police cooperation.
(7) Given the importance of coordination and cooperation in relation to the issues addressed in this Recommendation, and in particular its implementation, there will be a standing discussion point on cross-border operational police cooperation in the relevant working party of the Council. That working party should serve as a permanent forum for Member States to discuss such issues, including the alignment of their rules and agreements, other measures to address obstacles to the effectiveness and efficiency of cross-border police cooperation operations, reporting on the progress made, as well as issues relating to the necessary guidance and good practices.
(8) Effect should be given to this Recommendation within a reasonable timeframe. Within six months of its adoption, Member States should initiate a process to change their national rules and bi- and multilateral agreements with other Member States, as relevant, in order to give effect to the recommended measures and subsequently complete that process as soon as reasonably possible.
(9) The progress made in giving effect to this Recommendation should be reviewed after a certain time period. Therefore, one year after its adoption, the Commission should evaluate such progress, with a view, inter alia to deciding whether binding acts of Union law with binding force are needed in this area.
(10) Taking into account that this Recommendation does not have binding force, the Member States should give effect to the measures recommended therein in accordance with the applicable acts of Union law, especially those which have binding force. In particular, the Member States should give effect to the recommended measures in accordance with the Convention Implementing the Schengen Agreement (CISA) 55 , especially by choosing the recommended options where the CISA provides for several options and by extending the scope and adopting additional provisions in implementation of and in accordance with the relevant articles of the CISA.
(11) This Recommendation should not be understood as seeking to affect the rules providing for limitations, safeguards and conditions not specifically addressed in this Recommendation, that apply to the relevant cross-border operational police cooperation activities pursuant to acts of Union law with binding force, including the CISA, and to national law in accordance with Union law. For example, the carrying and use of service weapons, the use of road traffic privileges, the use of technical means for conducting cross-border surveillances and the performance of identity checks and interception of persons trying to avoid such checks, referred to in this Recommendation, may be subject to such rules.
(12) In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Recommendation and is not bound by it or subject to its application. Given that this Recommendation builds upon the Schengen acquis, Denmark should, in accordance with Article 4 of that Protocol, decide within a period of six months after the Council has decided on this Recommendation whether it will implement it in its national law.
(13) This Recommendation, with the exception of its sections 2.1 and 2.2, constitutes a development of the provisions of the Schengen acquis in which Ireland takes part, in accordance with Council Decision 2002/192/EC 56 ; Ireland is therefore taking part in the adoption of this Recommendation and is bound by it, except for those sections.
(14) As regards Iceland and Norway, this Recommendation constitutes a development of the provisions of the Schengen acquis within the meaning of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latter’s' association with the implementation, application and development of the Schengen acquis 57 which fall within the area referred to in Article 1, points A and H of Council Decision 1999/437/EC. 58
(15) As regards Switzerland, this Recommendation constitutes a development of the provisions of the Schengen acquis within the meaning 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 59 which fall within the area referred to in Article 1, points A and H of Council Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2008/146/EC 60 and with Article 3 of Council Decision 2008/149/JHA. 61
(16) As regards Liechtenstein, this Recommendation constitutes a development of the provisions of the Schengen acquis within the meaning 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 62 which fall within the area referred to in Article 1, points A and H of Council Decision 1999/437/EC read in conjunction with Article 3 of Council Decision 2011/350/EU 63 and with Article 3 of Council Decision 2011/349/EU. 64
(17) As regards Bulgaria and Romania, this Recommendation, with the exception of its sections 2.1 and 2.2, constitutes an act building upon, or otherwise relating to, the Schengen acquis within the meaning of Article 4(2) of the 2005 Act of Accession and should be read in conjunction with Council Decisions 2010/365/EU 65 and (EU) 2018/934. 66
(18) As regards Croatia, this Recommendation, with the exception of its sections 2.1 and 2.2, constitutes an act building upon, or otherwise relating to, the Schengen acquis within the meaning of Article 4(2) of the 2011 Act of Accession and should be read in conjunction with Council Decision (EU) 2017/733. 67
(19) As regards Cyprus, this Recommendation, with the exception of its sections 2.1 and 2.2, constitutes an act building upon, or otherwise relating to, the Schengen acquis within the meaning of Article 3(2) of the 2003 Act of Accession.