title: Council recommendation of 6 December 2007 concerning a Handbook for police and security authorities concerning cooperation at major events with an international dimension

text:
               22.12.2007

               EN

               Official Journal of the European Union

               C 314/4

      COUNCIL RECOMMENDATION

   of 6 December 2007
   concerning a Handbook for police and security authorities concerning cooperation at major events with an international dimension
   (2007/C 314/02)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Security handbook for the use of police authorities and services at international events such as meetings of the European Council and the Handbook for the cooperation between Member States to avoid terrorist acts at the Olympic Games and comparable sporting events,
   Whereas:

               (1)

               The European Union's objective is, inter alia, to provide citizens with a high level of safety within an area of freedom, security and justice by developing common action among the Member States in the field of police cooperation.

               (2)

               Member States often host major events with an international dimension.

               (3)

               Law enforcement authorities in a Member State dealing with a major event with an international dimension need to ensure the security of the event both from a public order perspective and a counter-terrorism perspective. Depending on the nature of the event (political, sporting, social, cultural or other) one perspective may be more relevant than the other and may be dealt with by other authorities but both perspectives need to be considered.

               (4)

               It is important for the competent authorities to be able to use a practical instrument providing guidelines and inspiration based on experience and good practice learned from previous events.

               (5)

               The handbook should be reviewed and updated as appropriate, in accordance with future experience and further development of best practices,

         HEREBY RECOMMENDS MEMBER STATES:

               (1)

               to step up cooperation, in particular practical cooperation and information sharing between competent authorities in order to ensure public security at major events with an international dimension held in the Member States of the European Union;

               (2)

               to that end, to ensure that the Handbook for police and security authorities concerning cooperation at major events with an international dimension, annexed hereto, is made available to the relevant competent authorities.

      Done at Brussels, 6 December 2007.

            For the Council

            The President

         Alberto COSTA

      ANNEX

         HANDBOOK FOR POLICE AND SECURITY AUTHORITIES CONCERNING COOPERATION AT MAJOR EVENTS WITH AN INTERNATIONAL DIMENSION

                     I.

                  INTRODUCTION

                     I.1

                  Purpose

                     I.2

                  Basic principles

                     II.

                  INFORMATION MANAGEMENT

                     II.1

                  Contact points

                     II.1.1

                  Permanent contact points

                     II.1.2

                  Event-related contact points

                     II.2

                  Exchange of information

                     II.3

                  Threat assessment and risk analysis

                     III.

                  EVENT MANAGEMENT

                     III.1

                  Responsibilities of involved authorities and services in the organising Member State

                     III.2

                  Maintaining public order and security

                     III.2.1

                  Public order and security

                     III.2.2

                  Dealing with criminal offences

                     III.2.3

                  Terrorist threats

                     III.3

                  Operational cooperation with other Member States

                     III 3.1

                  Cross-border cooperation

                     III.3.2

                  Operational support

                     III.3.3

                  Liaison officers

                     III.3.4

                  Observers

                     III.3.5

                  Financial arrangements and equipment

                     III.3.6

                  Communication plan

                     III.4

                  Media strategy

                     III.5

                  Instruction, training and exercise

                     IV.

                  EVALUATION

                     IV.1

                  Event-related evaluation

                     IV.2

                  Strategic evaluation

                     ANNEX A

                  Standard form for the request for liaison officers or officers to provide other types of operational support

                     ANNEX B

                  Risk analysis on potential demonstrators and other groupings

                     ANNEX C

                  Standard form for exchanging information regarding individuals posing a terrorist threat

                     ANNEX D

                  Standard form for exchanging information regarding groups posing a terrorist threat

                     ANNEX E

                  Reference documents

                     ANNEX F

                  Permanent contact points concerning public order
               I.   INTRODUCTION
         I.1.   Purpose
         The purpose of this handbook is to serve as a practical instrument providing guidelines and inspiration for law enforcement authorities in Europe undertaking responsibility for security at major events with an international dimension (such as the Olympic Games or other major sporting events (1), major social events or high-level political meetings e.g. the G8-summit). Accordingly, the principles set out in this handbook should only be applied where appropriate and useful as well as in full compliance with national legislation. They also should not prejudge any arrangements set out in bilateral Agreements or Memorandums of Understanding.
         This handbook is a living document to be amended and adjusted in accordance with future experience and the development of best practices (see IV.2 Strategic Evaluation).
         The Security Handbook for the use of police authorities and services at international events such as meetings of the European Council and the Handbook for the cooperation between Member States to avoid terrorist acts at the Olympic Games and comparable sporting events have been integrated into the current version of this handbook. Law enforcement authorities dealing with a major event with an international dimension need to ensure the security of the event both from a public order perspective and from a counter-terrorism perspective. Depending on the nature of the event (political, sporting, social, cultural or other) one perspective may be more relevant than the other and may be dealt with by other authorities but both perspectives need to be considered.
         I.2.   Basic principles
         The enforcement of law and order should be guided by the principles of legality and proportionality and moderation, giving preference to the less intrusive approach. Whenever possible, a de-escalating police approach should be chosen based on dialogue, negotiated management of public space and partnership.
         The law enforcement authorities of the Member States responsible for security at major events with an international dimension, in particular at political events, must seek to ensure that human rights, in particular the right freely to express opinions and to assemble in a peaceful manner in accordance with the European Convention for the Protection of Human Rights and Fundamental Freedoms, are fully respected. Interference from persons or groups whose objectives or actions involve violence or other acts of a criminal nature should be prevented to the furthest possible extent.
         Although the host Member State is primarily responsible for providing security for the event, given its international character all other Member States and European Union (EU) competent bodies have a responsibility to assist and support the provision of such security.
         II.   INFORMATION MANAGEMENT
         II.1.   Contact points
         II.1.1.   Permanent contact points
         According to Council Joint Action 97/339/JHA of 26 May 1997 with regard to cooperation on law and order and security (2), at least one permanent contact point must be established by each Member State.
         Contact details and other relevant information on the permanent contact point(s) should be provided to the General Secretariat of the Council (whose e-mail address can be found in Annex F) for distribution to the Member States. Any relevant changes regarding the permanent contact point(s) of a Member State should be reported in the same way.
         Every permanent contact point should be able to meet the following standards:

                     —

                     24-hour availability (to the necessary extent before, during and after an event),

                     —

                     staff with sufficient language skills in at least one other language of the EU institutions,

                     —

                     permanently operational lines of communication and information structure including phone, fax and e-mail, where relevant secured via encryption, and access to the Internet,

                     —

                     sufficient translation capacities for the exchange of information.

               II.1.2.   Event-related contact points
         For each major event with an international dimension, each Member State should designate one or more event-related contact points. Depending on national legislation or structures, this may be the same as the permanent contact point(s). Every event-related contact point should be able to meet the above-mentioned standards.
         The organising Member State informs the permanent contact points of the other Member States (see Annex F) of the details of the event-related contact point(s). Each Member State then informs the organising Member State of its own contact point(s) for that event.
         The tasks of the event-related contact point(s) could include facilitating:

                     —

                     the collection and analysis of information nationally as well as from other Member States, third countries, relevant EU bodies and other sources of information,

                     —

                     quality control relating to form and content,

                     —

                     the establishment of reliable and efficient lines of communication to relevant key players —nationally and internationally — secured lines being preferred,

                     —

                     the exchange of information through existing secure communication lines,

                     —

                     the exchange of information in cooperation with other Member States, third countries, relevant EU bodies and other international institutions,

                     —

                     the dissemination of processed information to their respective security services, police authorities and other services, such services of the organising State, as well as authorities and services in other Member States and relevant EU bodies, as appropriate,

                     —

                     the provision of threat assessment and risk analysis on potential demonstrators and other groupings for the organising Member State,

                     —

                     the observation and evaluation of the event and follow-up to it.

               II.2.   Exchange of information
         A Member State should without delay forward information which its national authority considers to be relevant for the security of an event in another Member State to its counterpart in that Member State. When forwarding information Member States should be conscious of their obligations in terms of its confidentiality.
         The exchange of information should be carried out through existing communication channels and structures. The exchange of information, including personal data, should be conducted in strict compliance with the provisions of national and international law and treaties applicable in each case (3).
         It should be facilitated by the contact points of the Member States involved.
         After being processed, the collected information should be distributed to relevant authorities and services. Contacts between security services, police authorities and services in different Member States may be coordinated and organised by their respective contact points.
         The contact point(s) in the organising Member State should facilitate the collection, analysis and exchange of relevant information on the event with other Member States, third countries and relevant EU bodies or other international institutions. The information could, inter alia, include:

                     —

                     information and intelligence obtained prior to the event that can potentially affect the course of the event or the maintenance of law and order and security in general,

                     —

                     persons involved in terrorist organisations, terrorist actions or other major criminal activities, which might be indirectly related to terrorism,

                     —

                     the level of threat against officials (heads of states and governments, members of parliament, other VIPs, etc.), athletes, visitors/spectators and venues. In addition to the host Member State, which has primary responsibility, all other Member States should independently contribute relevant information in respect of these persons,

                     —

                     other information on targets and interests of EU Member States or of third countries in the organising country with a view to their better protection,

                     —

                     information and intelligence related to potential demonstrators and other groupings,

                     —

                     information obtained or requested during the event relating to persons suspected of having committed a criminal offence, including their names, dates of birth, places of residence, background, the circumstances of arrest and/or an exact description of the committed offence,

                     —

                     information on applicable legislation and police policy on law-enforcement (in other Member States or third countries),

                     —

                     incident and evaluation reports and contributions to these.

               II.3.   Threat assessment and risk analysis
         An appropriate and timely assessment of the threats (related to terrorism, public order, organised crime and others) posed to the international event is of central importance in security terms. Alongside the specific assessment of the relevant threat, an analysis covering the collection, evaluation and dissemination of security-relevant information referring to a given specific situation should be made.
         Apart from the intelligence available to the organising State itself, information and evaluations provided by other Member States will be the basis for the analysis. At the earliest possible stage prior to the international event, each contact point should provide to its counterpart in the organising State a permanent threat assessment, i.e. on individuals or groups expected to travel to the event and deemed to pose a potential threat to the maintenance of public law and order and/or security (such as known potential demonstrators and other groupings). The assessment should be forwarded to the organising Member State as well as other affected countries — i.e. transit or neighbouring countries.
         This analysis can be structured in accordance with the framework analysis set out in Annexes B, C and D. If no such information is available, the organising State should be informed accordingly. The Member States should send it to the organising State as soon as possible by appropriate means using existing secure communication lines.
         Europol can, in accordance with its mandate and the Convention on the establishment of a European Police Office (Europol Convention) (4), provide relevant information and analysis as well as draw up general threat assessments on the basis of contributions by Member States. This information should be available at the earliest possible stage. If no such information is available, the organising State may be informed accordingly.
         The selection of suitable, necessary and appropriate security measures should be based on the threat assessment, covering the probability of potential harm, and on risk analysis.
         For this reason, the responsible organising State, supported where appropriate by other Member States and EU competent bodies, should draw up an updated threat assessment and risk analysis six months before the relevant event at the latest. As the event approaches, the information should be updated on a regular basis. A monthly analysis should be forwarded in each of the last three months before the event and, if necessary, on a weekly basis before the event. Such assessments and analyses should be shared among contributing States and bodies.
         During the event, daily situation reports should be issued. The reports should be based on information provided by the organising State, other Member States and EU competent bodies. The assessment of the level of risk posed should be based on the most up-to-date information provided by visiting police or event contact points. The information should be as comprehensive as the available information allows.
         III.   EVENT MANAGEMENT
         III.1.   Responsibilities of involved authorities and services in the organising State
         The competent authority of the organising Member State should draft an overall operational plan on the basis of which all further detailed plans are made. It should also establish a set of plans covering the policy level (strategic) as well as the overall operational level (operational) and the actual level of deployment on the ground (tactical). The planning procedure should commence at the earliest possible stage.
         Prior to an event, the organising Member State should ensure that the roles of all involved authorities and services are clearly defined and that their respective responsibilities are communicated to all relevant parties.
         The organising Member State could produce an overall matrix to reflect all involved processes and key players (e.g. organisation of the meeting, security provision, maintenance of law and order, judicial services, social and preventive services, health services, public transport and other infrastructure matters). This ‘blueprint’ could be a useful tool to visualise the planning framework as well as ensure that all necessary processes are covered.
         A coordinating project group for the event could be set up comprising representatives of all authorities and services involved. The group should meet regularly prior to, during and after the actual event in order to ensure that decisions are made in a coherent and coordinated way. A prime responsibility of the group should be to ensure efficient lines of communication between all authorities and services.
         The responsible authorities and services should ensure the presence of material, technical and personnel resources that are required to perform the assigned duties with the necessary efficiency, quality and swiftness. A database on all available resources and corresponding contact points would be a very useful tool for the organising Member States.
         The police authorities of the organising Member States should ensure that all necessary agreements and arrangements regarding policing efforts are made with the practical organiser of the event. The organiser has the primary responsibility for the event and according to the nature of the event a list of requirements to be met should be drawn up. The arrangements could, inter alia, include:

                     —

                     locations of the event where no public disturbances should occur (meeting facilities, hotels),

                     —

                     entrance control and possibly perimeter security and responsibility for each of these,

                     —

                     security measures to be undertaken by the organiser, i.e. internal video surveillance,

                     —

                     complete and constantly updated exchange of information on delegates and other participants in the event (name, function, length of stay, accommodation, transport, etc.),

                     —

                     arrangements with regard to VIPs and hotel security.

               III.2.   Maintaining public order and security
         III.2.1.   Public order and security
         Adhering to the basic principles set out under Section I.2, the competent authorities of the organising Member State should establish a clear overall policy for the police approach at international events. This overall policy could include policies such as:

                     —

                     police actions are characterised by guaranteeing the protection of peaceful demonstrations,

                     —

                     the police should, through dialogue and a credible state of preparedness, maintain the initiative, thereby limiting or preventing riots or larger disturbances,

                     —

                     the police should, at its discretion and when appropriate, demonstrate a low level of police visibility and a high level of tolerance regarding peaceful gathering and demonstrations,

                     —

                     arrests should be made for purposes of criminal prosecution or temporary detention, etc. in accordance with national legislation,

                     —

                     police efforts should, in general, be concentrated on groupings that are planning to instigate disturbances or demonstrate the desire to do so,

                     —

                     cooperation with other Member States, third countries, EU bodies and international institutions on relevant areas such as borders should be promoted.

               The organising Member State of more than one event on its territory should ensure that the police policy on law enforcement is, to the furthest possible extent, harmonised for the different events. Where appropriate, the policy may also be coordinated with other Member States.
         The competent authorities in the organising Member State should at an early stage initiate a dialogue with individuals and groups (including activist groups and demonstrators), local authorities, relevant infrastructural services, the local population and other key players in order to ensure that gatherings and legitimate demonstrations are carried out in a peaceful manner. The dialogue should be based on shared responsibility. It should commence at an early preparatory stage and be utilised as a tool before, during and after an event.
         The establishment of a constructive and mutually respectful network will serve to prevent potential disturbances as well as serve as an instrument for mediation in a confrontational situation.
         Dialogue structures or teams should be established at the national level and take into account the different cultures in the different Member States in the preparation and implementation of their task (5).
         Channels of communication between the competent authorities and the various organisations, civil associations and representatives of demonstrators should be set up. The organisers of demonstrations and all relevant parties may be advised on:

                     —

                     practical matters (i.e. accommodation and logistics),

                     —

                     relevant applicable legislation regarding demonstration, freedom of speech, civil disobedience, etc.,

                     —

                     police policy on law enforcement in matters where discretion can be exercised, and instructions on the use of force by the police,

                     —

                     contact points within the police and other relevant authorities.

               Distribution of the above information in different languages is a measure to be considered (e.g. through folders, websites). The information may be supplied to foreign visitors through the respective contact points.
         III.2.2.   Dealing with criminal offences
         The Member States' law enforcement agencies should — in accordance with the applicable legislation and the stated policies — aim at a systematic criminal investigation process towards offences committed in connection with violent demonstrations or other disturbances during the major event.
         All defined and sustainable criminal offences should, in principle and in full accordance with national law, lead to criminal prosecution in the organising country or by competent legal authorities in another country. If an immediate law enforcement action in the organising Member State is not possible, the other Member States should make every effort to identify and prosecute their own nationals in accordance with national legislation, the present evidence and the circumstances of each case.
         The organising Member State should make arrangements to ensure that sufficient resources are available for arrests and investigation of criminal offences, and that sufficient facilities are available for custody and pre-trial detention. It is advisable to plan for a worst-case scenario with larger numbers of perpetrators.
         Accordingly, the law enforcement authorities should be geared to tackling a larger quantity of work and have the appropriate capacity to:

                     —

                     make speedy decisions on the use of pre-trial detention,

                     —

                     make speedy decisions on investigation measures requiring a decision by a court of law,

                     —

                     try a larger number of criminal cases,

                     —

                     respond to legal requests from other Member States.

               III.2.3.   Terrorist threats
         Due to the fact that the EU and some of its Member States are important players in international politics, the EU and its Member States are likely to be targets of politically or religiously motivated international terrorists. Apart from international terrorists attacking the EU or its Member States at major events, there is a possibility of attacks by terrorist groups or organisations located within the EU or its Member States.
         The aims of such terrorist attacks could be the event itself, VIPs, politicians of the EU, national delegations of Member States or the public taking part in the event. The presence of the international media is an important point from the perpetrators' perspective, since this offers a platform for the presentation of the group's or organisation's ideology.
         For the prevention of terrorist attacks, information and intelligence about terrorist groups and organisations is essential and should be available at all times. Therefore it is important for the organising Member State and its law enforcement agencies to share information and intelligence in general and as appropriate to the event. The law enforcement agencies should decide which terrorist groups, organisations and individuals could be relevant, and check their own data base according to the event. In addition, all other Member States should independently contribute relevant information with respect to those groups, organisations and individuals.
         The selection of suitable, necessary and appropriate security measures should be based on threat assessment and risk analysis.
         III.3.   Operational cooperation with other Member States
         III.3.1.   Cross-border cooperation
         Cross-border cooperation will be necessary when the organising Member State and involved countries implement a flexible, joint border regime to intensify police efforts in the border regions adapted to the concrete situation or threat. If appropriate, joint or coordinated preventive patrols and controls should be carried out.
         For Member States applying the relevant parts of the Schengen acquis, Articles 23 to 31 of the Schengen Border Code (6) on temporary reintroduction of border control at internal borders can be a useful instrument to prevent individuals or groups who are considered to pose a potential threat to the maintenance of public law and order and/or security from travelling to the location of the event.
         The necessary arrangements for a quick and efficient implementation of the potential expulsion measures should therefore be prepared.
         III.3.2.   Operational support
         The organising Member State may, in accordance with national legislation (7), request the deployment of police or intelligence officers for operational support from another Member State for a specific event. A detailed request for operational support, including an account of the reasons for the request, should be made at the earliest possible stage. To this end a standard form is set out in Annex A.
         Depending on the type of requested support, the appointed officer(s) should have the necessary knowledge and experience relevant to the designated tasks.
         Any operational support provided by foreign officers should be included in the operational plans of the competent authorities of the organising State. Accordingly, foreign officers should:

                     —

                     be included to the furthest possible extent in the operational information structure,

                     —

                     be briefed on the operational plans and relevant policies, including instructions on the use of force, etc., in one of their working languages,

                     —

                     be offered the opportunity to acquaint themselves with the venue and deployed police forces, etc., prior to the event,

                     —

                     attend all relevant briefing sessions (i.e. relevant to their task and where the briefing is in a language they understand), and

                     —

                     where appropriate, be actively included in the police deployment on the ground.

               The organising competent authorities are responsible for the physical security of the foreign officers. It is the responsibility of the foreign officers to ensure that their actions do not cause unnecessary conflict, danger or unjustified risks.
         When deployed on the ground, foreign officers should at all times refer to and, as a rule, be under the supervision of members of the host country's competent authorities who are properly briefed on the operational plan and able to communicate in a language that the foreign officers understand. The communication lines between foreign officers, the host contact(s), the management of the police forces deployed and other key players should be efficient and fully functional during the event and, to the necessary extent, also before and after the event.
         III.3.3.   Liaison officers (8)

         At the request of the organising Member State, each Member State or EU/other competent organisation may appoint liaison officers for an event, where relevant. A request for liaison officers should be made at the earliest possible stage and no later than six weeks prior to the event. To this end a standard form is set out in Annex A.
         Interested Member States may request an invitation to send a liaison officer to the organising Member State.
         Liaison officers may be exchanged in accordance with bilateral arrangements between the organising Member State and other Member States involved.
         The liaison officer should be appointed no later than two weeks before an event, at which point the cooperation should commence. The organising State should, in close collaboration with the other Member States, decide upon the appointment and tasks of the liaison officers through their respective contact points.
         The liaison officer, according to his/her skills, can be assigned to (any of) the host contact point(s) to take charge of communication with the home State, in which case the appropriate means of communication should be provided by the organising Member State.
         Liaison officers should play an advisory and assisting role. The foreign liaison officers should be unarmed and have no official police authority in the host country (9). Depending on their specific task, liaison officers should have appropriate experience in the maintenance of law and order or the field of counter-terrorism and, in particular, should have:

                     —

                     a thorough knowledge of their national organisation and authorities,

                     —

                     experience in maintaining public law and order at high profile events,

                     —

                     access to all useful information sources in their home State, including information on extremism and other relevant groupings from police as well as other relevant sources,

                     —

                     the ability to organise intelligence efforts nationally prior to and during the event and analyse relevant information,

                     —

                     good knowledge of the working language(s) chosen by the organising Member State.

               Liaison officers should immediately upon their arrival report to their assigned contact point in order to clarify their designated tasks and mandate. The organising Member State will organise this accreditation process.
         II.3.4.   Observers
         Member States may, with the consent of the organising Member State, send observers to gather experience in security and the maintenance of law and order at international events for future events in their home countries. If so requested, the observer may provide an input for the evaluation undertaken by the organising Member State.
         Observers should, to the fullest possible extent, be permitted to attend planning sessions, briefings, coordination meetings, operational deployments and other activities in order to maximise the benefit of the visit. Observers should immediately upon their arrival report to the assigned contact point. The organising Member State will organise the accreditation process.
         III.3.5.   Financial arrangements and equipment
         The organising Member State should usually cover the accommodation and subsistence costs of invited foreign officers travelling to its territory. Travelling costs are usually covered by the home country.
         All costs related to observers sent to the organising Member State should be borne by the sending State. The organising Member State could, if possible, provide the necessary means of communication and other facilities for the observers.
         The organising Member State may arrange for support from other Member States with regard to temporary provision of equipment or other resources when possible, through bilateral/multilateral Agreements.
         III.3.6.   Communication plan
         An adequate flow of information between police authorities and other services should be secured by means of a detailed communication plan. All involved parties within the organising Member State should develop a joint communication strategy to avoid overlaps or the dissemination of incomplete information.
         In order to avoid gaps in knowledge (e.g. language) there should be integration of liaison officers or other personnel within the communication plan.
         Other forces (e.g. fire brigade, rescue services) should also be integrated into the communication plan.
         III.4.   Media strategy
         In order to ensure an accurate and timely media coverage of international events, a pre-defined strategy for relations with the media should be in place before, during and after an event.
         The media should be given the fullest possible degree of freedom to cover the event, thus safeguarding the right to free expression of opinions in accordance with the European Convention for the Protection of Human Rights and Fundamental Freedoms. The media strategy should be geared towards openness and transparency.
         It is recommended that a single point of contact be appointed for the media to ensure a coordinated media coverage. Well in advance of the event, the organising Member State should establish an overall media strategy to include, inter alia:

                     —

                     designation of a point of contact for the media which will direct the media to the relevant spokespersons,

                     —

                     designation of the area of competence of each spokesperson, and

                     —

                     the information to be given to the public on police measures and the steps which will be taken in the event of disturbances.

               III.5.   Instruction, training and exercise
         The development of the European instruction, training and exercise (ITE) programme is based on international strategic agreements and jointly-developed procedures and working methods. By participating in ITE activities, officials, teams, organisations and countries can prepare for events such as those described in this handbook (10).
         Major events as defined in this handbook involve international and cross-border aspects and require:

                     —

                     exchange of information between the Member States regarding the event (information management),

                     —

                     knowledge of police organisation in the organising Member State,

                     —

                     acquisition of experience of major events and exchanges of information thus gained: seminars on lessons learned and case studies.

               The above elements can then be used as input allowing this handbook to be continually updated and improved.
         European Police College (CEPOL) has a role to play in the development, design and practice of ITE. Where possible, ITE activities should be integrated into existing CEPOL processes and products.
         IV.   EVALUATION
         IV.1.   Event-related evaluation
         The organising Member State should initiate an evaluation of security activities during the event and other relevant factors. All key personnel should be invited to contribute to the evaluation, which should be based on the prior planning of the event. In the evaluation process, the organising Member State may make use of evaluations from other Member States, but this should be agreed in advance.
         The organising State should assemble an evaluation report as soon as possible once the event has ended. Where incidents of any kind have arisen, the evaluation report should also include an incident report.
         Following the event, a debriefing should be held and a general evaluation report regarding relevant security aspects drawn up. The report should make special reference to public order disturbances (or absence thereof), terrorist threats and incidents, criminal offences, groups involved and lessons learned.
         The report and/or lessons learned should form the basis for the ITE process (see III.5). CEPOL should ensure the implementation of international lessons learned in the ITE programme. The individual Member States are responsible for their implementation at national level. The report will be distributed by CEPOL to national police academies.
         The report should be distributed through the event-related contact point(s) to the relevant EU bodies and other involved or otherwise interested countries or bodies in order to ensure that lessons learned or recommendations are made available for future organisers of a major event with an international dimension.
         IV.2.   Strategic evaluation
         In order to share experience and best practices an expert meeting should be held whenever needed, to be organized by the competent Council working party.
         The participants should be senior police officers with experience in maintaining public law and order at major events with an international dimension. One of the topics of this expert meeting should be the further development and adjustment of this handbook in the light of experience from recent events.

         ANNEX A
         STANDARD FORM FOR THE REQUEST FOR LIAISON OFFICERS OR OFFICERS TO PROVIDE OTHER TYPES OF OPERATIONAL SUPPORT

                     1.

                     Type of support requested (liaison officer, spotter, mediator or other)

                     2.

                     Event(s)

                     3.

                     Period

                     4.

                     Place of station

                     5.

                     Description of tasks (as detailed as possible)

                     6.

                     Language skills (working languages of the event)

                     7.

                     Other specific skills (knowledge of particular groups, mediation experience, etc.)

                     8.

                     Tasks to prepare ahead of arrival:

                                 —

                                 communication with the home State,

                                 —

                                 gathering of specific types of information,

                                 —

                                 other tasks.

                     9.

                     Means of communication (mobile phone, Internet)

                     10.

                     Other types of required equipment

                     11.

                     Please provide a reply by

         ANNEX B
         RISK ANALYSIS ON POTENTIAL DEMONSTRATORS AND OTHER GROUPINGS

                     1.

                     Name of group known and likely to demonstrate or in other ways affect the event

                     2.

                     Composition, number of members

                     3.

                     Distinguishing marks (clothes, logos, flags, slogans or other external characteristics)

                     4.

                     Nature of the group (violent — is there a risk of disturbances?)

                     5.

                     Demonstration methods and/or activist methods

                     6.

                     Internal organisation and functioning of the group:

                                 —

                                 leadership,

                                 —

                                 communication means,

                                 —

                                 other structural information.

                     7.

                     Links to other groups (national or international)

                     8.

                     Members previously involved in relevant incidents:

                                 —

                                 type of incident,

                                 —

                                 place (country),

                                 —

                                 individually or in a group,

                                 —

                                 convictions with reference to the above, in accordance with national law.

                     9.

                     Behaviour:

                                 —

                                 towards police services and actions,

                                 —

                                 towards the local population,

                                 —

                                 use of weapons,

                                 —

                                 alcohol or drug consumption,

                                 —

                                 wearing masks,

                                 —

                                 pattern of behaviour at different types of events.

                     10.

                     Links with and attitude towards the media (media strategy, spokesperson etc.)

                     11.

                     Internet websites and bulletin boards etc.

                     12.

                     Choice of travel route

                     13.

                     Means of transport

                     14.

                     Choice of accommodation

                     15.

                     Length of stay

                     16.

                     Information supplied by liaison officers in third countries on possible demonstrators or activists from these countries

                     17.

                     Other relevant information

                     18.

                     Sources of the information and analysis of the accuracy and reliability of the information provided

         ANNEX C

         ANNEX D

         ANNEX E
         REFERENCE DOCUMENTS

                     —

                     Convention on the establishment of a European Police Office (Europol Convention) (OJ C 316, 27.11.1995, p. 2)

                     —

                     Council Joint Action 97/339/JHA of 26 May 1997 with regard to cooperation on law and order and security (OJ L 147, 5.6.1997, p. 1)

                     —

                     Protocol integrating the Schengen acquis into the framework of the European Union (OJ C 340, 10.11.1997, p. 93)

                     —

                     Treaty of Nice, Declaration on the venue for European Councils (OJ C 80, 10.3.2001, p. 85)

                     —

                     Council Decision 2001/264/EC of 19 March 2001 adopting the Council's security regulations (OJ L 101, 11.4.2001, p. 1)

                     —

                     Council Resolution of 4 December 2006 concerning an updated handbook with recommendations for international police cooperation and measures to prevent and control violence and disturbances in connection with football matches with an international dimension, in which at least one Member State is involved (OJ C 322, 29.12.2006, p. 1)

                     —

                     Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 105, 13.4.2006, p. 1)

                     —

                     Treaty between the Kingdom of Belgium, the Kingdom of the Netherlands and the Grand Duchy of Luxembourg concerning cross-border police intervention of 8 June 2004

                     —

                     Convention between the Kingdom of Belgium, the Federal Republic of Germany, the Kingdom of Spain, the French Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands and the Republic of Austria on the stepping up of cross-border cooperation, particularly in combating terrorism, cross-border crime and illegal migration (Prüm Treaty) (Council document number 16382/06)

                     —

                     Conflict management manual of guidance (Council document number 7047/01)

                     —

                     Conclusions adopted by the Council and the representatives of the Governments of the Member States on 13 July 2001 on security at meetings of the European Council and other comparable events (Council document number 10916/01)

                     —

                     Checklist regarding possible measures on the occasion of European Councils and other comparable events (Council document number 11572/01)

                     —

                     Strategic information concerning European Councils and other comparable events — Risk analysis (Council document number 11694/01)

                     —

                     Conclusions of the sub-workgroup EUCPN JAI 82 of 27 November 2001 (Council document number 14917/01)

                     —

                     Handbook for the use of police authorities and services at international events such as meetings of the European Council (Council document number 12637/02)

                     —

                     Security at meetings of the European Council and other comparable events — International cooperation at the Laeken European Council (Council document number 9029/02)

                     —

                     Security handbook for European Councils and other similar events (Council document number 9069/02)

                     —

                     Security at meetings of the European Council (Council document number 11836/02)

                     —

                     Handbook for the cooperation between Member States to avoid terrorist acts at the Olympic Games and comparable sporting events (Council document number 5744/04)

                     —

                     The European Union Counter-Terrorism Strategy (Council document number 14469/05)

                     —

                     Europol Support to Member States — Major International Sporting Events (Europol file number 2570-50r1).

         ANNEX F
         PERMANENT CONTACT POINTS CONCERNING PUBLIC ORDER

            (Article 3(b) of Joint Action 97/339/JHA)

         Updates should be sent to: pcwp@consilium.europa.eu

                     MS

                     Service

                     Address

                     Telephone

                     Fax

                     E-mail

                     BE

                     Federal Police PCN/DAO

                                 Fritz Toussaint 47

                                 B-1050 Brussels

                     (32-2) 642 63 80

                     (32-2) 646 49 40

                     dga-dao@skynet.be

                     Ministry of the Interior, Crisis Centre

                                 Hertogstraat 53

                                 B-1000 Brussels

                     (32-2) 506 47 11

                     (32-2) 506 47 09

                     BG

                     Directorate for International Operational Police Cooperation
                     Ministry of the Interior

                     (359) 22 82 28 34

                     (359) 29 80 40 47

                     NCB@mvr.bg

                     CZ

                     Police Presidium of the Czech Republic
                     International Police Co-operation Division

                                 Strojnická 27

                                 PO Box 62/MPS

                                 CZ-Praha 7

                     (420) 974 83 42 10

                     (420) 974 83 47 16

                     sirene@mvcr.cz

                     DK

                     Danish National Police

                                 Polititorvet 14

                                 DK-1780 København V

                     (45) 33 14 88 88

                     (45) 33 32 27 71

                     NEC@politi.dk

                     DE

                     Bundeskriminalamt

                                 Thaerstr. 11

                                 D-65193 Wiesbaden

                     (49) 61 15 51 31 01

                     (49) 61 15 51 2141

                     @bka.bund.de

                     Bundesministerium des Innern

                                 Lagezentrum

                                 Alt-Moabit 101

                                 D-10559 Berlin

                     (49) 301 86 81 10 77

                     (49) 301 86 81 2926

                     poststelle@bmi.bund.de

                     EE

                     Central Law Enforcement Police

                                 Ädala 4E

                                 EE-10614 Tallinn

                     (372) 612 39 00

                     (372) 612 39 90

                     julgestuspolitsei@jp.pol.ee

                     EL

                     Ministry of Public Order
                     International Police Cooperation Division

                                 Kanellopoulou 4

                                 GR-10177 Athens

                     (30) 210 69 77 56 23

                     (30) 21 06 92 40 06

                     registry@ipcd.gr

                     ES

                     Dirección general de la policía, Comisaría general de seguridad ciudadana, Centro nacional de coordinación

                                 C/Francos Rodríguez 104

                                 E-28039 Madrid

                     (34) 913 22 71 90

                     (34) 913 22 71 88

                     cgsc.cgeneral@policia.es

                     FR

                     Ministère de l'intérieur
                     Direction Générale de la Police Nationale
                     Cabinet «Ordre Public»

                                 11 rue des Saussaies

                                 F-75008 Paris

                     (33) 140 07 22 84

                     (33) 140 07 64 99

                     IE

                     Office of Liaison and Protection Section,
                     An Garda Siochána

                                 Dublin 8

                                 Ireland

                     (353) 16 66 28 42

                     (353) 16 66 17 33

                     gdalp@iol.ie

                     IT

                     Ministero dell'interno
                     Dipartimento della Pubblica Sicurezza
                     Ufficio Ordine Publico

                                 Piazza del Viminale 1

                                 I-00184 Roma

                     (39) 06 46 52 13 09
                     (39) 06 46 52 13 15

                     (39) 06 46 53 61 17

                     cnims@interno.it

                     CY

                     Ministry of Justice and Public Order
                     Police Headquarters

                                 —

                                 European Union and International Police Cooperation Directorate

                     CY-Nicosia, 1478

                     (357) 22 80 89 98 (24h)
                     357) 22 80 80 80 (24h)

                     (357) 22 30 51 15
                     (357) 22 80 86 05 (24h)

                     euipcd@police.gov.cy

                                 —

                                 Operations Office of the Cyprus Police Headquarters

                     (357) 22 80 80 78
                     (357) 99 21 94 55

                     (357) 22 80 85 94

                     operations.office@police.gov.cy

                     LV

                     Operative Control Bureau of Public Security Department
                     Central Public Order Police Department
                     State Police

                                 Brīvības iela 61

                                 LV-1010 Riga

                     (371) 707 54 30
                     (371) 707 53 10

                     (371) 727 63 80

                     armands.virsis@vp.gov.lv
                     vpdd@vp.gov.lv

                     LT

                     Lithuanian Criminal Police Bureau
                     International Liaison Office

                                 Liepyno 7

                                 LT-08105 Vilnius

                     (370-5) 271 99 00

                     (370-5) 271 99 24

                     office@ilnb.lt

                     LU

                     Direction Générale de la Police Grand-Ducale
                     Direction des Opérations
                     Centre d'Intervention National

                     L-2957 Luxembourg

                     (352) 49 97 23 46

                     (352) 49 97 23 98

                     cin@police.etat.lu

                     HU

                     International Law Enforcement Cooperation Centre
                     National Police

                                 Teve utca 4-6

                                 H-1139 Budapest

                     (36-1) 443 55 57

                     (36-1) 443 58 15

                     intercom@orfk.police.hu

                     MT

                     Malta Police Force
                     Police General Headquarters

                     M-Floriana

                     (356) 21 22 40 01
                     (356) 21 25 21 11

                     (356) 21 23 54 67
                     (356) 21 24 77 94

                     cmru.police@gov.mt

                     NL

                     Ministry of the Interior and Kingdom Relations, National Crisis Centre

                                 PO Box 20011

                                 2500 EA The Hague

                                 The Netherlands

                     (31) 704 26 50 00
                     (31) 704 26 51 51

                     (31) 703 61 44 64

                     ncc@crisis.minbzk.nl (24h) (NL/EN)

                     AT

                     Federal Ministry of the Interior
                     Directorate General for Public Safety
                     Operations and Crisis Coordination Centre

                                 Minoritenplatz 9

                                 A-1014 Wien

                     (43) 15 31 2 6 32 00
                     (43) 15 31 2 6 37 70 (24h)

                     (43) 15 31 2 6 31 20 (24h)
                     (43) 15 31 26 10 86 12 (e-fax, 24h)

                     ekc@bmi.gv.at (24h)

                     PL

                     General Headquarters of Police
                     Crises Management and Anti Terrorism Bureau

                                 ul. Puławska 148/150

                                 PL-02-624 Warszawa

                     (48-22) 601 36 40
                     (48-66) 763 13 25

                     (48-22) 601 32 37

                     ncbwarsaw@policja.gov.pl

                     contact point concerning counter-terrorism
                     Division on Combating Terrorist Acts
                     Central Bureau of Investigation
                     National Police Headquarters

                     (48-22) 601 32 75

                     (48-22) 601 42 93

                     counterterror@policja.gov.pl

                     PT

                     Ministério da Administração Interna
                     Gabinete Coordenador de Segurança

                                 Av. D. Carlos I- 7o

                                 P-1249-104 Lisboa

                     (351) 213 23 64 09

                     (351) 213 23 64 25

                     gsc@sg.mai.gov.pt

                     RO

                     International Police Cooperation Centre (IPCC)

                                 Calea 13 Septembrie 1-5

                                 RO-Bucharest

                     (40) 213 16 07 32

                     (40) 213 12 36 00

                     ccpi@mai.gov.ro

                     Operational Anti-Terrorist
                     Coordination Centre (Romanian Information Service)

                                 Bulevardul Libertatii 14-16

                                 RO-Bucharest

                     (40) 214 02 35 98

                     (40) 213 45 10 66

                     ipct@dcti.ro

                     SI

                     International Police Cooperation Sector in Criminal Police Directorate

                                 Štefanova 2

                                 SLO-1000 Ljubljana

                     (386) 14 72 47 80

                     (386) 12 51 75 16

                     interpol.ljubljana@policija.si

                     SK

                     Prezídium Policajného zboru
                     Úrad medzinárodnej policajnej spolupráce

                                 Pribinova 2

                                 SK-812 72 Bratislava

                     (421) 961 05 64 50

                     (421) 961 05 64 59

                     spocumps@minv.sk

                     FI

                     Helsinki Police Department
                     Operational Command Centre

                                 Pasilanraitio 13

                                 FI-00240 Helsinki

                     (358-9) 189 40 02

                     (358-9) 189 28 21

                     johtokeskus@helsinki.poliisi.fi

                     SE

                     National Criminal Police, International Police Cooperation Division (IPO)

                                 POB 12256

                                 S-10226 Stockholm

                     (46) 84 01 37 00

                     (46) 86 51 42 03

                     ipo.rkp@polisen.se

                     UK

                     Home Office
                     Public Order Unit

                                 2 Marsham Street

                                 London SW1P 4DF

                                 POB 8000

                                 London SE 11 5EN

                                 United Kingdom

                     (44) 20 70 35 35 09
                     (44) 20 70 35 18 10

                     Christian.Papaleontiou@homeoffice.gsi.gov.uk
                     David.Bohannan@homeoffice.gsi.gov.uk

                     Serious Organised Crime Agency International Crime

                     (44) 20 73 28 81 15

                     (44) 20 73 28 81 12

                     london@soca.x.gsi.gov.uk

         (1)  Recommendations for international police cooperation in connection with international football matches are set out in a separate handbook: see the Council Resolution concerning an updated handbook with recommendations for international police cooperation and measures to prevent and control violence and disturbances in connection with football matches with an international dimension, in which at least one Member State is involved (OJ C 322, 29.12.2006, p. 1).

         (2)  OJ L 147, 5.6.1997, p. 1.

         (3)  Article 46 of Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders (Schengen Convention) (OJ L 239, 22.9.2000, p. 19) and Article 26 of Convention between the Kingdom of Belgium, the Federal Republic of Germany, the Kingdom of Spain, the French Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands and the Republic of Austria on the stepping up of cross-border cooperation, particularly in combating terrorism, cross-border crime and illegal migration (Prüm Treaty).

         (4)  OJ C 316, 27.11.1995, p. 2.

         (5)  Elements listed on page 3 of the Conclusions of the sub-workgroup EUCPN JAI 82 of 27 November 2001.

         (6)  Regulation (EC) No 562/2006 of the European Parliament and of the Council of 15 March 2006 establishing a Community Code on the rules governing the movement of persons across borders (Schengen Borders Code) (OJ L 105, 13.4.2006, p. 1).

         (7)  Including Article 26 of the Prüm Treaty.

         (8)  See point II(1)(c) of Conclusions adopted by the Council and the representatives of the Governments of the Member States on 13 July 2001 on security at meetings of the European Council and other comparable events.

         (9)  Article 2 of Joint Action 97/339/JHA.

         (10)  The responsibility for ITE activities at major events rests with the Member State in which the event takes place. This means that Member States are themselves responsible for ensuring that ITE activities are managed effectively, and this handbook therefore contains no further assistance or instructions in this regard.


title: Recommendation of the European Central Bank of 23 September 2016 to the Council of the European Union on the external auditors of the Banca d’Italia (ECB/2016/28)

text:
               5.10.2016

               EN

               Official Journal of the European Union

               C 366/1

         RECOMMENDATION OF THE EUROPEAN CENTRAL BANK
   of 23 September 2016
   to the Council of the European Union on the external auditors of the Banca d’Italia
   (ECB/2016/28)
   (2016/C 366/01)
   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 27.1 thereof,
   Whereas:

               (1)

               The accounts of the European Central Bank (ECB) and national central banks of the Member States whose currency is the euro are audited by independent external auditors recommended by the ECB’s Governing Council and approved by the Council of the European Union.

               (2)

               The mandate of the Banca d’Italia’s current external auditors, PriceWaterhouseCoopers SpA, ended following the audit for the financial year 2015. It is therefore necessary to appoint external auditors from the financial year 2016.

               (3)

               The Banca d’Italia has selected BDO Italia SpA as its external auditors for the financial years 2016 to 2022,

         HAS ADOPTED THIS RECOMMENDATION:
   It is recommended that BDO Italia SpA should be appointed as the external auditors of the Banca d’Italia for the financial years 2016 to 2022.

      Done at Frankfurt am Main, 23 September 2016.

            The President of the ECB

         Mario DRAGHI


				|

		52014PC0661

			Recommendation for a COUNCIL DECISION concerning the accession of Croatia to the Convention of 26 May 1997, drawn up on the basis of Article K.3(2)(c) of the Treaty on European Union, on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union /* COM/2014/0661 final - 2014/0322 (NLE) */

			   	EXPLANATORY MEMORANDUM
The 2011 Accession Treaty of the Republic of Croatia[1] has introduced a
simplified system for the accession of Croatia to the conventions (and
protocols) concluded by the Member States on the basis of Art. 34 TEU
(previously Art. K.3 TEU). Article 3(4) and 3(5) of the Act provides that Croatia accedes to these conventions and protocols by virtue of the Act of Accession.
Article 3(5) of the Act of Accession
provide that, to that effect, the Council shall adopt a decision in order to determine
the date on which these conventions shall enter into force for Croatia and to
make all the necessary adjustments to these conventions required by reason of
the accession of the new Member State (which would include, in any event, the
adoption of the conventions in the Croatian language, so that these versions
can be "equally authentic"). The Council shall act on a
recommendation of the Commission, after consulting the European Parliament.
Annex I to the Act of Accession gives the
list of the conventions and protocols concerned.
The list includes the Convention of 26 May
1997, drawn up on the basis of Article K.3(2)(c) of the Treaty on European
Union, on the fight against corruption involving officials of the European
Communities or officials of Member States of the European Union.
This Commission Recommendation for a
Council Decision is intended to make the adjustments required by reason of the
accession of Croatia to the aforementioned Convention, in accordance with
Article 3(4) and 3(5) of the Act of Accession.
2014/0322 (NLE)
Recommendation for a
COUNCIL DECISION
concerning the accession of Croatia to the
Convention of 26 May 1997, drawn up on the basis of Article K.3(2)(c) of the
Treaty on European Union, on the fight against corruption involving officials
of the European Communities or officials of Member States of the European Union

THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European
Union,
Having regard to the Treaty of Accession of
Croatia
Having regard to the Act of Accession of Croatia
(hereinafter referred to as the "Act of Accession"), and in
particular Article 3 (5) thereof,
Having regard to the recommendation from
the Commission[2],
Having regard to the opinion of the
European Parliament[3],
Whereas:
(1)       The Convention on the fight against corruption involving
officials of the European Communities or officials of Member States of the
European Union (hereinafter referred to as "the Convention against
officials' corruption") was signed on 26 May 1997 and entered into force
on 28 September 2005.
(2)       Article 3 (4) of the Act
of Accession provides that Croatia accedes to the conventions and protocols
concluded between the Member States, listed in Annex I to the Act of Accession,
which comprises, inter alia, the Convention on the fight against corruption
involving officials of the European Communities or officials of Member States
of the European Union. They are to enter into force in relation to Croatia on the date determined by the Council.
(3)       In accordance with Article
3 (5) of the Act of Accession the Council is to make all adjustments required
by reason of accession to those conventions and protocols,
HAS DECIDED AS FOLLOWS:
Article 1
The Convention against officials'
corruption shall enter into force for Croatia on the first day of the first
month following the date of adoption of this decision.
Article 2
The texts of the Convention against
officials' corruption drawn up in the Croatian language and annexed to this
Decision shall be authentic under the same conditions as the other texts of the
Convention against officials' corruption.
Article 3
This Decision
shall take effect on the 20th day following that of its publication
in the Official Journal of the European Union.

Done at Brussels,
                                                                       For
the Council
                                                                       The
President
[1]               OJ L 112, 24.4.2012, p. 6–110
[2]               OJ C , , p. .
[3]               OJ C , , p. .
ANNEX
drawn up on the basis of Article K.3 (2)
(c) of the Treaty on European Union on the fight against corruption involving
officials of the European Communities or officials of Member States of the
European Union
to the
Recommendation for a Council Decision
concerning the accession of
Croatia to the Convention of 26 May 1997, drawn up on the basis of Article
K.3(2)(c) of the Treaty of the European Union, on the fight against corruption
involving officials of the European Communities or officials of Member States
of the European Union
THE HIGH CONTRACTING PARTIES to
this Convention, Member States of the European Union,
REFERRING to the Act of the Council of the
European Union of 26 May 1997,
(1)
WHEREAS the Member States consider the
improvement of judicial cooperation in the fight against corruption to be a
matter of common interest, coming under the cooperation provided for in Title
VI of the Treaty;
(2)
WHEREAS by its Act of 27 September 1996 the
Council drew up a Protocol directed in particular at acts of corruption
involving national or Community officials and damaging or likely to damage the
European Communities' financial interests;
(3)
WHEREAS, for the purpose of improving judicial
cooperation in criminal matters between Member States, it is necessary to go further
than the said Protocol and to draw up a Convention directed at acts of
corruption involving officials of the European Communities or officials of the
Member States in general;
(4)
DESIROUS of ensuring consistent and effective
application of this Convention throughout the European Union,
HAVE AGREED ON THE FOLLOWING
PROVISIONS:
Article 1
Definitions
For the purposes of this Convention:
(a)          «official» shall mean any
Community or national official, including any national official of another Member State;
(b)          «Community official» shall mean:
–
any person who is an official or other
contracted employee within the meaning of the Staff Regulations of officials of
the European Communities or the Conditions of Employment of other servants of
the European Communities,
–
any person seconded to the European Communities
by the Member States or by any public or private body, who carries out
functions equivalent to those performed by European Community officials or
other servants.
              Members of bodies set up in
accordance with the Treaties establishing the European Communities and the
staff of such bodies shall be treated as Community officials, inasmuch as the
Staff Regulations of officials of the European Communities or the Conditions of
Employment of other servants of the European Communities do not apply to them;
(c)          «national official» shall be
understood by reference to the definition of «official» or «public officer» in
the national law of the Member State in which the person in question performs
that function for the purposes of application of the criminal law of that
Member State.
              Nevertheless, in the case of
proceedings involving a Member State's official initiated by another Member
State, the latter shall not be bound to apply the definition of «national
official» except insofar as that definition is compatible with its national
law.
Article 2
Passive corruption
1.
For the purposes of this Convention, the
deliberate action of an official, who, directly or through an intermediary,
requests or receives advantages of any kind whatesoever, for himself or for a
third party, or accepts a promise of such an advantage, to act or refrain from
acting in accordance with his duty or in the exercise of his functions in
breach of his official duties shall constitute passive corruption.
2.
Each Member State shall take the necessary
measures to ensure that conduct of the type referred to in paragraph 1 is made
a criminal offence.
Article 3
Active corruption
1.
For the purposes of this Convention, the
deliberate action of whosoever promises or gives, directly or through an
intermediary, an advantage of any kind whatsoever to an official for himself or
for a third party for him to act or refrain from acting in accordance with his
duty or in the exercise of his functions in breach of his official duties shall
constitute active corruption.
2.
Each Member State shall take the necessary
measures to ensure that conduct of the type referred to in paragraph 1 is made
a criminal offence.
Article 4
Assimilation
1.
Each Member State shall take the necessary
measures to ensure that in its criminal law the descriptions of the offences
referred to in Articles 2 and 3 committed by or against its Government
Ministers, elected members of its parliamentary chambers, the members of its
highest Courts or the members of its Court of Auditors in the exercise of their
functions apply similarly in cases where such offences are committed by or
against Members of the Commission of the European Communities, the European
Parliament, the Court of Justice and the Court of Auditors of the European
Communites respectively in the exercise of their duties.
2.
Where a Member State has enacted special
legislation concerning acts or omissions for which Government Ministers are
responsible by reason of their special political position in that Member State,
paragraph 1 may not apply to such legislation, provided that the Member State
ensures that Members of the Commission of the European Communities are also
covered by the criminal legislation implementing Articles 2 and 3.
3.
Paragraphs 1 and 2 shall be without prejudice to
the provisions applicable in each Member State concerning criminal proceedings
and the determination of the competent court.
4.
This Convention shall apply in full accordance
with the relevant provisions of the Treaties establishing the European
Communities, the Protocol on the Privileges and Immunities of the European
Communities, the Statutes of the Court of Justice and the texts adopted for the
purpose of their implementation, as regards the withdrawal of immunity.
Article 5
Penalties
1.
Each Member State shall take the necessary
measures to ensure that the conduct referred to in Articles 2 and 3, and
participating in and instigating the conduct in question, is punishable by
effective, proportionate and dissuasive criminal penalties, including, at least
in serious cases, penalties involving deprivation of liberty which can give
rise to extradition.
2.
Paragraph 1 shall be without prejudice to the
exercise of disciplinary powers by the competent authorities against national
officials or Community officials. In determining the penalty to be imposed, the
national criminal courts may, in accordance with the principles of their
national law, take into account any disciplinary penalty already imposed on the
same person for the same conduct.
Article 6
Criminal liability of heads of
businesses
Each Member State shall take the necessary
measures to allow heads of businesses or any persons having power to take
decisions or exercise control within a business to be declared criminally
liable in accordance with the principles defined by its national law in cases
of corruption, as referred to in Article 3, by a person under their authority
acting on behalf of the business.
Article 7
Jurisdiction
1.
Each Member State shall take the measures
necessary to establish its jurisdiction over the offences it has established in
accordance with the obligations arising out of Articles 2, 3 and 4 where:
(a)          the offence is committed in whole
or in part within its territory;
(b)          the offender is one of its
nationals or one of its officials;
(c)          the offence is committed against
one of the persons referred to in Article 1 or a member of one of the European
Community institutions referred to in Article 4 (1) who is at the same time one
of its nationals;
(d)          the offender is a Community
official working for a European Community institution or a body set up in
accordance with the Treaties establishing the European Communities which has
its headquarters in the Member State in question.
2.
Each Member State may declare, when giving the
notification provided for in Article 13 (2), that it will not apply or will
apply only in specific cases or conditions one or more of the jurisdiction
rules laid down in paragraph 1 (b), (c) and (d).
Article 8
Extradition and prosecution
1.
Any Member State which, under its law, does not
extradite its own nationals shall take the necessary measures to establish its
jurisdiction over the offences it has established in accordance with the
obligations arising out of Articles 2, 3 and 4, when committed by its own nationals
outside its territory.
2.
Each Member State shall, when one of its
nationals is alleged to have committed in another Member State an offence
established in accordance with the obligations arising out of Articles 2, 3 and
4 and it does not extradite that person to that other Member State solely on
the ground of his nationality, submit the case to its competent authorities for
the purpose of prosecution if appropriate. In order to enable prosecution to
take place, the files, information and exhibits relating to the offence shall
be transmitted in accordance with the procedures laid down in Article 6 of the
European Convention on Extradition of 13 December 1957. The requesting Member State shall be informed of the prosecution initiated and of its outcome.
3.
For the purposes of this Article, the term
«national» of a Member State shall be construed in accordance with any
declaration made by that State under Article 6 (1) (b) of the European
Convention on Extradition and with paragraph 1 (c) of that Article.
Article 9
Cooperation
1.
If any procedure in connection with an offence
established in accordance with the obligations arising out of Articles 2, 3 and
4 concerns at least two Member States, those States shall cooperate effectively
in the investigation, the prosecution and in carrying out the punishment
imposed by means, for example, of mutual legal assistance, extradition,
transfer of proceedings or enforcement of sentences passed in another Member
State.
2.
Where more than one Member State has
jurisdiction and has the possibility of viable prosecution of an offence based
on the same facts, the Member States involved shall cooperate in deciding which
shall prosecute the offender or offenders with a view to centralizing the
prosecution in a single Member States where possible.
Article 10
Ne bis in idem
1.
Member States shall apply, in their national
criminal laws, the ne bis in idem rule, under which a person whose trial has
been finally disposed of in a Member State may not be prosecuted in another
Member State in respect of the same facts, provided that if a penalty was
imposed, it has been enforced, is actually in the process of being enforced or
can no longer be enforced under the laws of the sentencing State.
2.
A Member State may, when giving the notification
referred to in Article 13 (2), declare that it shall not be bound by paragraph
1 of this Article in one or more of the following cases:
(a)          if the facts which were the
subject of the judgment rendered abroad took place in its own territory either
in whole or in part; in the latter case this exception shall not apply if those
facts took place partly in the territory of the Member State where the judgment
was rendered;
(b)          if the facts which where the
subject of the judgment rendered abroad constitute an offence directed against
the security or other equally essential interests of that Member State;
(c)          if the facts which were the
subject of the judgment rendered abroad were committed by an official of that Member State contrary to the duties of his office.
3.
If a further prosecution is brought in a Member
State against a person whose trial, in respect of the same facts, has been
finally disposed of in another Member State, any period of deprivation of
liberty served in the latter Member State arising from those facts shall be
deducted from any sanction imposed. To the extent permitted by national law,
sanctions not involving deprivation of liberty shall also be taken into account
insofar as they have been enforced.
4.
The exceptions which may be the subject of a
declaration under paragraph 2 shall not apply if the Member State concerned in respect of the same facts requested the other Member State to bring the
prosecution or granted extradition of the person concerned.
5.
Relevant bilateral or multilateral agreements
concluded between Member States and relevant declarations shall remain
unaffected by this Article.
Article 11
Internal provisions
No provision in this Convention shall
prevent Member States from adopting internal legal provisions which go beyond
the obligations deriving from this Convention.
Article 12
Court of Justice
1.
Any dispute between Member States on the
interpretation or application of this Convention which it has proved impossible
to resolve bilaterally must in an initial stage be examined by the Council in
accordance with the procedure set out in Title VI of the Treaty on European
Union with a view to reaching a solution. If no solution has been found within
six months, the matter may be referred to the Court of Justice of the European
Communities by one of the parties to the dispute.
2.
Any dispute between one or more Member States
and the Commission of the European Communities concerning Article 1, with the
exception of point (c), or Articles 2, 3 and 4, insofar as it concerns a
question of Community law or the Communities' financial interests, or involves
members of officials of Community institutions of bodies set up in accordance
with the Treaties establishing the European Communities, which it has proved
impossible to settle through negotiation, may be submitted to the Court of
Justice by one of the parties to the dispute.
3.
Any court in a Member State may ask the Court of
Justice to give a preliminary ruling on a matter concerning the interpretation
of Articles 1 to 4 and 12 to 16 raised in a case pending before it and
involving members or officials of Community institutions or bodies set up in
accordance with the Treaties establishing the European Communities, acting in
the exercise of their functions, if it considers that a decision on that matter
is necessary to enable it to give judgment.
4.
The competence of the Court of Justice provided
for in paragraph 3 shall be subject to its acceptance by the Member State concerned in a declaration to that effect made at the time of the notification
referred to in Article 13 (2) or at any subsequent time.
5.
A Member State making a declaration under
paragraph 4 may restrict the possibility of asking the Court of Justice to give
a preliminary ruling to those of its courts against the decisions of which
there is no judicial remedy under national law.
6.
The Statute of the Court of Justice of the
European Community and its Rules of Procedure shall apply. In accordance with
those Statutes, any Member State, or the Commission, whether or not it has made
a declaration pursuant to paragraph 4, shall be entitled to submit statements
of case or written observations to the Court of Justice in cases which arise
under paragraph 3.
Article 13
Entry into force
1.
This Convention shall be subject to adoption by
the Member States in accordance with their respective constitutional
requirements.
2.
Member States shall notify the Secretary-General
of the Council of the European Union of the completion of the procedures laid
down by their respective constitutional requirements for adopting this
Convention.
3.
This Convention shall enter into force ninety
days after the notification, referred to in paragraph 2, by the last Member State to fulfil that formality.
4.
Until the entry into force of this Convention,
any Member State may, when giving the notification referred to in paragraph 2
or at any time thereafter, declare that this Convention, with the exception of
Article 12 thereof, shall apply to it in its relationships with those Member
States which have made the same declaration. This Convention shall become
applicable in respect of the Member State that makes such a declaration on the
first day of the month following the expiry of a period of ninety days after
the date of deposit of its declaration.
5.
A Member State that has not made any declaration
as referred to in paragraph 4 may apply this Convention with respect to the
other contracting Member States on the basis of bilateral agreements.
Article 14
Accession of new Member States
1.
This Convention shall be open to accession by
any State that becomes a member of the European Union.
2.
The text of this Convention in the language of
the acceding State, drawn up by the Council of the European Union, shall be
authentic.
3.
Instruments of accession shall be deposited with
the depositary.
4.
This Convention shall enter into force with
respect to any State acceding to it ninety days after the date of deposit of
its instrument of accession or on the date of entry into force of the
Convention if it has not already entered into force at the time of expiry of
the said period of ninety days.
5.
If this Convention has not yet entered into
force when the instrument of accession is deposited, Article 13 (4) shall apply
to acceding States.
Article 15
Reservations
1.
No reservation shall be authorized with the
exception of those provided for in Articles 7 (2) and 10 (2).
2.
Any Member State which has entered a reservation
may withdraw it at any time in whole or in part by notifying the depositary.
Withdrawal shall take effect on the date on which the depositary receives the
notification.
Article 16
Depositary
1.
The Secretary-General of the Council of the
European Union shall act as depositary of this Convention.
2.
The depositary shall publish in the Official
Journal of the European Communities information on the progress of adoptions
and accessions, declarations and reservations and any other notification
concerning this Convention.
En fe de lo cual, los plenipotenciarios abajo
firmantes suscriben el presente Convenio.
Hecho en Bruselas, el veintiséis de mayo de
mil novecientos noventa y siete, en un ejemplar único en lenguas alemana,
danesa, española, finesa, francesa, griega, inglesa, irlandesa, italiana,
neerlandesa, portuguesa y sueca, siendo cada uno de estos textos igualmente
auténtico, que será depositado en los archivos de la Secretaría General del
Consejo de la Unión Europea.
Til bekræftelse heraf har undertegnede
befuldmægtigede underskrevet denne konvention.
Udfærdiget i Bruxelles, den seksogtyvende maj
nitten hundrede og syvoghalvfems, i ét eksemplar på dansk, engelsk, finsk,
fransk, græsk, irsk, italiensk, nederlandsk, portugisisk, spansk, svensk og
tysk, hvilke tekster alle har samme gyldighed, og deponeret i arkiverne i
Generalsekretariatet for Rådet for Den Europæiske Union.
Zu Urkund dessen haben die Bevollmächtigten
ihre Unterschriften unter dieses Übereinkommen gesetzt.
Geschehen zu Brüssel am sechsundzwanzigsten
Mai neunzehnhundertsiebenundneunzig in einer Urschrift in dänischer, deutscher,
englischer, finnischer, französischer, griechischer, irischer, italienischer,
niederländischer, portugiesischer, schwedischer und spanischer Sprache, wobei
jeder Wortlaut gleichermaßen verbindlich ist; die Urschrift wird im Archiv des
Generalsekretariats des Rates der Europäischen Union hinterlegt.
Σε
πίστωση των
ανωτέρω, οι
υπογράφοντες
πληρεξούσιοι
έθεσαν την υπογραφή
τους κάτω από
την παρούσα
σύμβαση.
Έγινε
στις
Βρυξέλλες,
στις είκοσι
έξι Μαΐου
χίλια
εννιακόσια
ενενήντα επτά,
σε ένα μόνο
αντίτυπο, στην
αγγλική,
γαλλική,
γερμανική,
δανική,
ελληνική, ιρλανδική,
ισπανική,
ολλανδική,
πορτογαλική,
σουηδική και
φινλανδική
γλώσσα, όλα δε
τα κείμενα
είναι εξίσου
αυθεντικά·
κατατίθεται
στα αρχεία της
Γενικής Γραμματείας
του Συμβουλίου
της Ευρωπαϊκής
Ένωσης.
In witness whereof, the undersigned
Plenipotentiaries have hereunto set their hand.
Done at Brussels, on the twenty-sixth day
of May in the year one thousand nine hundred and ninety-seven in a single
original, in the Danish, Dutch, English, Finnish, French, German, Greek, Irish,
Italian, Portuguese, Spanish and Swedish languages, each text being equally
authentic, such original remaining deposited in the archives of the General
Secretariat of the Council of the European Union.
En foi de quoi, les plénipotentiaires ont apposé leurs
signatures au bas de la présente convention.
Fait à Bruxelles, le vingt-six mai mil neuf cent
quatre-vingt-dix-sept, en un exemplaire unique, en langues allemande, anglaise,
danoise, espagnole, finnoise, française, grecque, irlandaise, italienne,
néerlandaise, portugaise et suédoise, tous ces textes faisant également foi,
exemplaire qui est déposé dans les archives du Secrétariat général du Conseil
de l'Union européenne.
Dá fhianú sin, chuir na Lánchumhachtaigh thíos-sínithe a
lámh leis an gCoibhinsiún seo.
Arna dhéanamh sa Bhruiséil, ar an séú lá is fiche de
Bhealtaine sa bhliain míle naoi gcéad nócha a seacht i scríbhinn bhunaidh
amháin, sa Bhéarla, sa Danmhairgis, san Fhionlainnis, sa Fhraincis, sa
Ghaeilge, sa Ghearmáinis, sa Ghréigis, san Iodáilis, san Ollainnis, sa
Phortaingéilis, sa Spáinnis agus sa tSualainnis agus comhúdarás ag na téacsanna
i ngach ceann de na teangacha sin; déanfar an scríbhinn bhunaidh sin a
thaisceadh i gcartlann Ardrúnaíocht Chomhairle on Aontais Eorpaigh.
In fede di che, i plenipotenziari hanno
apposto le loro firme in calce alla presente convenzione.
Fatto a Bruxelles, addì ventisei maggio
millenovecentonovantasette, in un esemplare unico nelle lingue danese,
finlandese, francese, greca, inglese, irlandese, italiana, olandese,
portoghese, spagnola, svedese e tedesca, ciascuna di esse facente ugualmente
fede, che è depositato negli archivi del Segretariato generale del Consiglio
dell'Unione europea.
Ten blijke waarvan de ondergetekende
gevolmachtigden hun handtekening onder deze overeenkomst hebben gesteld.
Gedaan te Brussel, de zesentwintigste mei
negentienhonderd zevenennegentig, opgesteld in één exemplaar in de Deense, de
Duitse, de Engelse, de Finse, de Franse, de Griekse, de Ierse, de Italiaanse,
de Nederlandse, de Portugese, de Spaanse en de Zweedse taal, zijnde alle
teksten gelijkelijk authentiek, dat wordt nedergelegd in het archief van het
Secretariaat-generaal van de Raad van de Europese Unie.
Em fé do que, os plenipotenciários abaixo
assinados apuseram as suas assinaturas no final da presente convenção.
Feito em Bruxelas, em vinte e seis de Maio de
mil novecentos e noventa e sete, em exemplar único, nas línguas alemã,
dinamarquesa, espanhola, finlandesa, francesa, grega, inglesa, irlandesa,
italiana, neerlandesa, portuguesa e sueca, fazendo igualmente fé todos os
textos, depositado nos arquivos do secretariado-geral do Conselho da União
Europeia.
Tämän vakuudeksi alla mainitut täysivaltaiset
edustajat ovat allekirjoittaneet tämän yleissopimuksen.
Tehty Brysselissä
kahdentenakymmenentenäkuudentena päivänä toukokuuta vuonna
tuhatyhdeksänsataayhdeksänkymmentäseitsemän yhtenä ainoana kappaleena
englannin, espanjan, hollannin, iirin, italian, kreikan, portugalin, ranskan,
ruotsin, saksan, suomen ja tanskan kielellä, ja jokainen näistä teksteistä on
yhtä todistusvoimainen; tämä kappale talletetaan Euroopan unionin neuvoston
pääsihteeristön arkistoon.
Till bevis på detta har undertecknade
befullmäktigade undertecknat denna konvention.
Utfärdad i Bryssel den tjugosjätte maj
nittonhundranittiosju i ett enda original på danska, engelska, finländska,
franska, grekiska, irländska, italienska, nederländska, portugisiska, spanska,
svenska och tyska, vilka samtliga texter är lika giltiga. Originalen skall
deponeras i arkiven hos generalsekretariatet för Europeiska unionens råd.
                                                                       Pour
le gouvernement du royaume de Belgique
                                                                       Voor de regering van het Koninkrijk België
                                                                       Für die Regierung des Königreichs Belgien
                                                                        For
regeringen for Kongeriget Danmark
                                                                        Für
die Regierung der Bundesrepublik Deutschland
                                                                        Για την
Κυβέρνηση της
Ελληνικής
Δημοκρατίας
                                                                        Por el Gobierno del Reino de España
                                                                        Pour
le gouvernement de la République française
                                                                        Thar ceann Rialtas na hÉireann
                                                                       For
the Government of Ireland
                                                                        Per il governo della Repubblica italiana
                                                                        Pour
le gouvernement du grand-duché de Luxembourg
                                                                        Voor de regering van het Koninkrijk der Nederlanden
                                                                        Für die Regierung der Republik Österreich
                                                                        Pelo Governo da República Portuguesa
                                                                        Suomen
hallituksen puolesta
                                                                       På finska regeringens vägnar
                                                                        På
svenska regeringens vägnar
                                                                        For the Government of the United Kingdom of Great Britain and
Northern Ireland