Raadsbesluiten over grensoverschrijdende coöperatie terrorismebestrijding (en)

Met dank overgenomen van Raad van de Europese Unie (Raad) i, gepubliceerd op dinsdag 13 december 2011.

The Council adopted the following conclusions: "THE COUNCIL OF THE EUROPEAN UNION,

TAKING INTO CONSIDERATION Council Decision /JHA on the stepping up of cross-border cooperation in particular in combating terrorism and cross-border crime1 and Decision /JHA on implementing Decision /JHA on the stepping up of cross-border cooperation particularly in combating terrorism and cross-border crime2 which bounds Member States mutually to render accessible and exchange DNA profiles, dactyloscopic data and vehicle registration data;

RECOGNIZING that one of the most important priorities of the Stockholm Programme is to enhance security of European Union citizens by intensifying cross-border law enforcement;

CONFIRMING the need for improved information exchange, in particular on the basis of the principle of availability, between Member States' authorities responsible for crime prevention and investigation of criminal offences;

^JL 210, 6.8.2008, p. 1 2 OJL 210, 6.8.2008, p. 13

RECALLING the provisions of the Council Conclusions on the implementation of the "Pram Decisions"3 while taking stock of the situation and inviting the stakeholders to take appropriate measures in order to foster the process of implementing the Decisions;

UNDERLINING the effectiveness and efficiency of tools such as automated searching and comparison of DNA profiles and automated searching of dactyloscopic and vehicle registration data particularly in combating terrorism and cross-border crime;

RECOGNIZING that effective information exchange between Member States' law enforcement authorities is an essential response to threats caused by criminals operating within a European Union without internal borders;

WELCOMING the general progress made by Member States on implementing Decision /JHA;

ACKNOWLEDGING the efforts made by operational Member States and the Commission in supporting the implementation process of not yet operational ones by setting up initiatives such as the Mobile Competence Team and the Europol Helpdesk;

TAKING INTO CONSIDERATION that many evaluations had successfully been done last year;

RECOGNIZING that on their way to implement the "Pram Decisions" several Member States meet problems of legislative nature;

TAKING INTO CONSIDERATION high costs for the evaluation visit for the Member States;

CONSCIOUS of the fact that the full implementation of Decision /JHA into national legislation requires from the Member States complex work, an effective implementation strategy, close cooperation of experts at different fields;

RECOGNIZING that the implementation of Decision /JHA requires a clear political will and significant financial support from the national budgets;

ACKNOWLEDGING that the implementation deadline of 26 August 2011 has been met by 12 Member States in the area of exchange of DNA profiles, by 9 Member States in the area of exchange of fingerprints (FP) and by 9 Member States in the area of exchange of vehicle registration data (VRD);

3 doc.

RECOGNISING on the basis of the results of the Priim Post-deadline & MCT questionnaire that a majority of Member States has not met the deadline due to financial, legislative, technical and human resource problems;

RECOGNISING the need of simplification of procedures and rules for the allocation of ISEC funds;

UNDERLINING that the implementation of the "Priim Decisions" in the non-operative Member States should be completed as soon as possible;

CONSCIOUS that efficient and fast exchange of information between law enforcement authorities needs to work within diverse formal requirements of Member States' legal systems;

CALLS upon the non-operational Member States:

■ to finalize their domestic legal and technical implementation procedures;

■ to intensify efforts to fully implement the "Priim Decisions";

■ to allocate appropriate financial and human resources to the Priim implementation process;

■ to further apply to the European Commission for ISEC funding if necessary;

■ to cooperate more closely with operational Member States in the preparation and testing phase;

■ to consider to cover/share expenses born by delegated experts; ■

INVITES the operational Member States:

■ to use more frequently tools offered by the "Priim Decisions";

■ to make all possible efforts tending to broaden knowledge of actually accessible information exchange tools for useful for institutions directly or indirectly engaged in cross-border information exchange;

■ to enhance their support for the non-operational Member States on their way to implement the "Priim Decisions" and to more actively take part in evaluation missions in the field of DNA, FP and VRD;

■ to consider and to take proper steps in order to use the statistic forms for the "Priim Decisions";

■ to prepare the assessment of the effectiveness and efficiency of the "Priim Decisions" as an information exchange tool;

CALLS upon the European Commission:

■ to further support, within existing financial resources, the implementation of the "Priim Decisions" and make ISEC funding more user-friendly for the Member States;

■ to revise existing mechanisms of financial support, in particular for the technical implementation of the "Priim Decisions" as well as for their evaluation;

■ to support, within existing resources, the Mobile Competence Team (MCT) and the setting up of the Priim Helpdesk at Europol according to the results of the JHA Council meeting in Brussels on 8 - 9 November 2010;

■ to take into account these Council Conclusions when drafting the report on the implementation of Decision /JHA which, according to Art. 36 (4), the Commission shall submit to the Council by 28 July 2012 accompanied by such proposals as it deems appropriate for any further development;

■

INVITES Europol:

■ to continue efforts to establish the Helpdesk as a continuation of the Mobile Competence Team work in order to support the daily application of the "Priim Decisions";

CALLS upon the next Presidencies:

■ to continue fostering the implementation of the "Priim Decisions" and to present semiannual reports/conclusions on its state of play to the Council."