Framework decision 2006/960 - Simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the EU - Main contents
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official title
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| Legal instrument | Framework decision |
|---|---|
| Number legal act | Framework decision 2006/960 |
| Original proposal | JAI(2004)9 |
| CELEX number i | 32006F0960 |
| Document | 18-12-2006 |
|---|---|
| Publication in Official Journal | 29-12-2006; Special edition in Croatian: Chapter 19 Volume 008,Special edition in Romanian: Chapter 19 Volume 009,OJ L 386, 29.12.2006,Special edition in Bulgarian: Chapter 19 Volume 009 |
| Effect | 30-12-2006; Entry into force Date pub. + 1 See Art 13 |
| End of validity | 11-12-2024; Repealed by 32023L0977 |
| Transposition | 19-12-2006; At the latest |
29.12.2006 |
EN |
Official Journal of the European Union |
L 386/89 |
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
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Articles 30(1)(a) and (b) and 34(2)(b) thereof,
Having regard to the initiative of the Kingdom of Sweden,
Having regard to the opinion of the European Parliament,
Whereas:
(1) |
One of the core objectives of the European Union is to provide its citizens with a high level of security within an area of freedom, security and justice. |
(2) |
That objective is to be achieved by preventing and combating crime through closer cooperation between law enforcement authorities in the Member States, while respecting the principles and rules relating to human rights, fundamental freedoms and the rule of law on which the Union is founded and which are common to the Member States. |
(3) |
Exchange of information and intelligence on crime and criminal activities is the basis for law enforcement cooperation in the Union serving the overall objective of improving the safety of the Union's citizens. |
(4) |
The timely access to accurate and up to date information and intelligence is a crucial element for the possibility of law enforcement authorities to successfully detect, prevent and investigate crime or criminal activity, in particular within an area where internal border controls have been abolished. As the activities of criminals are carried out clandestinely, they need to be controlled, and information relating to them needs to be exchanged particularly expeditiously. |
(5) |
It is important that the possibilities for law enforcement authorities to obtain information and intelligence concerning serious crime and terrorist acts from other Member States be viewed horizontally and not in terms of differences with regard to type of crime or division of competencies between law enforcement or judicial authorities. |
(6) |
Currently, effective and expeditious exchange of information and intelligence between law enforcement authorities is seriously hampered by formal procedures, administrative structures and legal obstacles laid down in Member States' legislation; such a state of affairs is unacceptable to the citizens of the European Union and it therefore calls for greater security and more efficient law enforcement while protecting human rights. |
(7) |
It is necessary for law enforcement authorities to be able to request and obtain information and intelligence from other Member States at different stages of investigation, from the phase of gathering criminal intelligence to the phase of criminal investigation. The Member State's systems are different in that respect, but this Framework Decision does not purport to change these systems. However, it seeks, as regards certain types of information and intelligence, to ensure that certain information vital for law enforcement authorities is exchanged expeditiously within the Union. |
(8) |
The absence of a common legal framework for the effective and expeditious exchange of information and intelligence between the law enforcement authorities of the Member States is a deficiency that will have to be remedied; the Council of the European Union therefore deems it necessary to adopt a legally binding instrument on simplifying the exchange of information and intelligence. This Framework Decision should not affect existing or future instruments which allow the objectives of this Framework Decision to be extended or which facilitate the procedures for exchanging information and intelligence, such as the Convention of 18 December 1997 drawn... |
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