EU: Police cooperation: officers to be allowed to cross borders without notifying the authorities?
Topic
Country/Region
29 March 2022
A proposed Council Recommendation on operational police cooperation covers "cross-border actions" (such as "hot pursuit, surveillance, joint patrols") and "trans-national actions" (such as "the deployment of law enforcement officers in another Member State during touristic season or a mass-event"). It aims to ensure a uniform legal basis for cross-border law enforcement operations within the EU. The latest compromise text removes a requirement for member states to be notified when officers from another state are to cross into their territory as part of a joint operation.
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NOTE from: Presidency to: Delegations: Proposal for a COUNCIL RECOMMENDATION on operational police
cooperation (Council doc. 5836/1/22 REV 1, LIMITE, 28 February 2022, pdf)
"Delegations will find in the Annex a revised compromise text of the Council Recommendation on operational police cooperation drawn-up by the Presidency on the basis of the discussion in the Law Enforcemement Working Party (Police) on 7 February 2022 and subsequent written comments of the delegations."
The latest compromise text includes new provisions placing heavy emphasis on the collection of statistics on the number of cross-border activities and operations, to "provide a thorough knowledge and understanding of the needs of the Member States and any potential issues that need to be addressed at a European Union Level."
A lengthy introductory section has also been added, emphasising the non-binding nature of the measure.
The following provision (from section 2.1) has been deleted:
"Members States will be systematically and as soon as possible notified of the cross border pursuit before the border is crossed, except in cases of de facto impossibility;"
The effect being that there will be no obligation for one member state to inform another that its officers are now acting on the territory of that other state - with the right to "use their service weapons in legitimate self-defence and, where necessary, in the defence of others in accordance with the national law of the host country," according to the text.
The text now also includes text permitting officers operating in another member state as part of a joint operation to "detain any person who tries to avoid an identity check." The word "intercept" was previously used, rather than "detain".
As the Presidency explains in a separate note (pdf), this has been done "to remain consistent with the Convention implementing the Schengen Agreement."
Documentation
The latest compromise text and explanatory note:
- NOTE from: Presidency to: Delegations: Proposal for a COUNCIL RECOMMENDATION on operational police cooperation (Council doc. 5836/1/22 REV 1, LIMITE, 28 February 2022, pdf)
- NOTE from: Presidency to: Delegations: Explanatory note on the amendments made (Council doc. 6672/22, LIMITE, 1 March 2022, pdf)
Previous Council documents:
- Explanatory note on the amendments made (Council doc. 5838/22, LIMITE, 1 February 2022, pdf)
- Initial comments by the Member States prior to or during the Law Enforcement Working party – Police of 11 January 2022 and the Commission's replies to the Member States' questions (Council doc. 5837/22, LIMITE, 1 February 2022, pdf)
- Compromise text: Proposal for a COUNCIL RECOMMENDATION on operational police cooperation (Council doc. 5836/22, LIMITE, 1 February 2022, pdf)
Proposal:
- Proposal for a COUNCIL RECOMMENDATION on operational police cooperation (COM(2021) 780 final) and as a PDF
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