Directive 2023/977 - Exchange of information between the law enforcement authorities of Member States - Main contents
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Directive (EU) 2023/977 of the European Parliament and of the Council of 10 May 2023 on the exchange of information between the law enforcement authorities of Member States and repealing Council Framework Decision 2006/960/JHA| Legal instrument | Directive |
|---|---|
| Number legal act | Directive 2023/977 |
| Original proposal | COM(2021)782  |
| CELEX number i | 32023L0977 |
| Document | 10-05-2023; Date of signature |
|---|---|
| Publication in Official Journal | 22-05-2023; OJ L 134 p. 1-24 |
| Signature | 10-05-2023 |
| Effect | 11-06-2023; Entry into force Date pub. +20 See Art 23 |
| Deadline | 12-06-2026; See Art 19.1 12-06-2027; See Art 19.1 And 19.2 12-06-2032; See Art 19.1 And 19.2 |
| End of validity | 31-12-9999 |
| Transposition | 12-12-2024; See Art 22.1 12-06-2027; See Art 22.1 |
22.5.2023 |
EN |
Official Journal of the European Union |
L 134/1 |
DIRECTIVE (EU) 2023/977 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 10 May 2023
on the exchange of information between the law enforcement authorities of Member States and repealing Council Framework Decision 2006/960/JHA
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 87(2), point (a), thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Acting in accordance with the ordinary legislative procedure (1),
Whereas:
(1) |
Transnational criminal activities pose a significant threat to the internal security of the Union and call for a coordinated, targeted and adapted response. While national authorities operating on the ground are on the frontline in the fight against crime and terrorism, action at Union level is paramount to ensuring efficient and effective cooperation as regards the exchange of information. Furthermore, organised crime and terrorism, in particular, are emblematic of the link between internal and external security. Transnational criminal activities spread across borders and manifest themselves in organised crime and terrorist groups that engage in a wide range of increasingly dynamic and complex criminal activities. There is, therefore, a need for an improved legal framework to ensure that competent law enforcement authorities can prevent, detect and investigate criminal offences in a more efficient manner. |
(2) |
For the development of an area of freedom, security and justice, which is characterised by the absence of internal border controls, it is essential that competent law enforcement authorities in one Member State have, within the framework of the applicable Union and national law, the possibility to obtain equivalent access to the information available to their colleagues in another Member State. In that regard, competent law enforcement authorities should cooperate effectively and across the Union. Therefore, police cooperation on the exchange of relevant information for the purpose of preventing, detecting or investigating criminal offences is an essential component of the measures that underpin public security in an interdependent area without internal border controls. The exchange of information on crime and criminal activities, including terrorism, serves the overall objective of protecting the security of natural persons and safeguarding important interests of legal persons protected by law. |
(3) |
The majority of organised crime groups are present in more than three countries and are composed of members with multiple nationalities who engage in various criminal activities. The structure of organised crime groups is ever more sophisticated, with strong and efficient communication systems and cooperation between their members across borders. |
(4) |
To fight cross-border crime effectively, it is of paramount importance that competent law enforcement authorities swiftly exchange information and cooperate operationally with one another. Although cross-border cooperation between the competent law enforcement authorities has improved in recent years, certain practical and legal hurdles continue to exist. In that respect, Council Recommendation (EU) 2022/915 (2) will assist the Member States in further enhancing cross-border operational cooperation. |
(5) |
Some Member States have developed pilot projects to strengthen cross-border cooperation, focusing, for example, on joint patrols by police officers from neighbouring Member States in border regions. A number of Member States have also concluded bilateral or even multilateral agreements to strengthen cross-border cooperation, including the... |
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