Schengen police cooperation handbook - Hoofdinhoud

COUNCIL OF PUBLIC Brussels, 11 July 2007

THE EUROPEAN UNION

10694/07

LIMITE

ENFOPOL 121 COMIX 553

NOTE from : General Secretariat to : Police Cooperation Working Party/Mixed Committee No prev. doc.: 15732/03 ENFOPOL 119 COMIX 744 Subject : Schengen police cooperation handbook

Delegations will find hereafter an updated version of the Schengen handbook on cross-border police cooperation. Because of the time it has taken to issue this new version, some of its content, in particular in the national fact sheets, contact lists and lists of liaison officers, will be incomplete and/or incorrect. Delegations are invited to send in any updates and corrections as soon as possible (pcwp@consilium.europa.eu) so that a revision can be issued at short notice.

Compared to the last official version of the handbook (document 15732/03 ENFOPOL 119 COMIX 744), the structure of the handbook has changed for easier reference and updating. The current document contains only the body of the handbook and some forms. All national information, contact information, lists of liaison officers etc. have been included in separate addenda to this document. Comments and suggestions for improvement are most welcome (pcwp@consilium.europa.eu).

10694/07 NP/hm 1 The content of the manual has been adapted to take account of accession of new Member States, the adoption of the Schengen Borders Code (deletion of old section 5 and of the list of contact points for Article 7 of the Schengen Convention), and the new structure of the handbook (changing of cross-references). The PCWP should consider whether to examine in detail the current manual to take into account new legal acts ("Swedish Framework Decision", "Prüm Decision", handbook for the cooperation at major events, …) and generally improve its content and relevance.

The current document and its addenda will be translated into all languages, but because of the volume of the documents this might take some time.

It should be considered which parts of the manual can be made public and how this can most practically be done.

* *

*

CONTENTS

INTRODUCTION ........................................................................................................................................... 4 1 MUTUAL ASSISTANCE (S CHENGEN C ONVENTION , A RTICLE 39(1)-(3))....................................... 6 2 SURVEILLANCE (S CHENGEN C ONVENTION , A RTICLE 40) ............................................................. 8 3 PURSUIT (S CHENGEN C ONVENTION , A RTICLE 41) ......................................................................... 12 4 PUBLIC POLICY AND PUBLIC SECURITY (S CHENGEN C ONVENTION , A RTICLE 46)............. 15 5. LIAISON OFFICERS (S CHENGEN C ONVENTION , A RTICLE 47) ..................................................... 18 6. BILATERAL ARRANGEMENTS AND AGREEMENTS (S CHENGEN C ONVENTION , A RTICLE

39(4) AND (5)) ....................................................................................................................................... 19

Annexes

• 1. 

  Request for assistance for cross-border surveillance

• 2. 

  Follow-up report on a cross-border surveillance operation

• 3. 

  Form to evaluate the results of a request for cross-border surveillance

• 4. 

  Form to evaluate the results of cross-border pursuit

• 5. 

  Checklist of information to be exchanged

Addenda

ADDENDUM 1: national fact sheets

ADDENDUM 2: lists of contact points

ADDENDUM 3: lists of liaison officers

ADDENDUM 4: list of bilateral or multilateral agreements

INTRODUCTION

On 14 June 1985, Belgium, France, Luxembourg, the Netherlands and the Federal Republic of

Germany concluded in Schengen (LU) an Agreement on the gradual abolition of checks at their common borders.

The Convention implementing the Schengen Agreement of 19 June 1990 ("Schengen Convention 1 ")

gives tangible expression to the objective set in 1985 and provides for the total, legally-binding abolition of checks on persons at the common borders of the Contracting Parties, thus creating an area of free movement of persons. However, the Convention also includes a number of compensatory measures to safeguard against any possible shortcomings in security resulting from the abolition of border controls. Intensified police cooperation is one of the most important of these compensatory measures.

This police cooperation covers in particular:

• - 

  mutual assistance for the purposes of preventing and detecting criminal offences (Article 39 (1)to (3))

• - 

  cross-border surveillance (Article 40)

• - 

  cross-border pursuit (Article 41)

• - 

  communication of information in specific cases for the purposes of preventing future crime and offences against or threats to public policy and public security (Article 46)

• - 

  exchanging information for the purpose of carrying out effective checks and surveillance at the external borders (Article 7)

• - 

  seconding liaison officers (Article 47)

• - 

  stepping up police cooperation in border regions through bilateral arrangements (Article 39(4)) and agreements (Article 39(5))

• - 

  setting up and maintaining a joint information system, the SIS (not covered by this handbook)

10694/07 NP/hm 4 Participation in the Schengen Acquis has taken different legal forms depending on the time of participation and differences in the underlying legal basis. The situation about participation in the Schengen Acquis related to police cooperation is as follows (status 1.7.2007):

• - 

  full participation: Belgium, Denmark, Germany, Greece, Spain, France, Italy, Luxembourg, the

  Netherlands, Austria, Portugal, Finland and Sweden, as well as Iceland and Norway

  2

• - 

  partial participation: UK (Articles 39, 40, 42, 43, 44, 46, 47 - except 47(2)(c))

3

• - 

  partial participation (Article 39, 44, 45, 46, 47) : Bulgaria, Czech Republic, Estonia, Cyprus,

  Latvia, Lithuania, Hungary, Malta, Poland, Romania, Slovenia, Slovakia.

2 Council Decision 2000/365/EC i of 29 May 2000 (OJ L 131 of 1.6.2000, p. 43) and Council

Decision 2004/926/EC i of 22 December 2004 (OJ L 395 of 31.12.2004, p. 70).

3 Annex I to the Act concerning the conditions of accession of the Czech Republic, the Republic

of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustment to the Treaties on which the European Union is founded (OJ L 236 of 23.9.2003, p. 33) and Annex II to the Act concerning the conditions of accession of the Republic of Bulgaria and Romania and the adjustments to the Treaties on which the European Union is founded (OJ L 157, 21.6.2005, p. 224).

1 MUTUAL ASSISTANCE (Schengen Convention, Article 39(1)-(3)) 4

1.1 Principle:

Article 39(1-3) lay down the principle of mutual assistance between police authorities for the purposes of preventing and detecting offences.

Such cooperation between the police authorities, without the involvement of the judicial authorities when grounds for suspicion or concrete dangers arise, will be achieved notably via steps such as the following (this list is not exhaustive and the implementation is subject to the conditions set out below):

• - 

  identification of vehicle owners and drivers, - drivers licence enquiries, - tracing whereabouts and residence, - identification of telecommunications subscribers (telephone, fax and Internet), provided

  this information is publicly available,

• - 

  obtaining information from the persons concerned by the police on a voluntary basis 5 ,

• - 

  identification of persons,

• - 

  transmission of police intelligence from police databases or files, subject to compliance

  with the relevant legal provisions governing data protection,

• - 

  preparation of plans and coordination of search measures and the initiation of

  emergency searches (independently of SIS searches) - tracing the origins of goods, particularly weapons and vehicles (tracing sales channels), - examination of evidence (such as vehicle damage after hit and run accidents, erasures in

  documents, etc.).

This principle can be further reinforced by way of bilateral arrangements or agreements between neighbouring countries (see Section 6, Article 39(4) and (5)).

4 See also the decision of the Schengen Executive Committee of 28 April 1999 on the

improvement of police cooperation in preventing and detecting criminal offences (published in JO L 239 of 22.9.2000, p. 421).

5 Under the national law of Austria, Germany and the Netherlands, the principle of voluntary

police interviews applies 1.2 Conditions:

Requests for assistance are granted subject to the following conditions: - they must be authorised by the national law of the requested State - they must be within the scope of the powers of the authorities concerned; where the authority concerned is not empowered to grant the request, the latter must be forwarded to the competent authority - competence should not be confined to the judicial authorities or require their consent - implementation of the request must not involve the application of coercive measures - written information may only be used as evidence with the prior consent of the judicial

authorities of the requested country 6 .

1.3 Practical arrangements:

As a rule, requests for assistance and replies to such requests should be exchanged between the central authorities responsible for international police cooperation. For contact details of these authorities see Addendum 2.

In emergencies, requests for assistance may be addressed directly to the competent authorities

of the country concerned, who may respond directly.

In such cases, the requesting authority must immediately notify the central authority of the

requested State of this direct request. It is recommended that it simultaneously notify its own

central authority.

An emergency is defined as a case where passage via the central authority so prolongs the

transmission of the request to the local authorities as to jeopardise the success of the

preventative or investigative action.

6 The prompt use of information as evidence in criminal proceedings is only possible if the

requested State does not require formal letters rogatory in addition to the police request. The procedure for obtaining authorisation is therefore a matter of the concerned States. The police and judicial authorities may transmit requests for authorisation and the documents resulting from dealing with such requests by any means that allow swift transmission, provided the transmission provides a written trace of the document's author (e.g. fax, e-mail).

2 SURVEILLANCE (Schengen Convention, Article 40)

2.1 Principle

Pursuant to Article 40 Schengen Convention 7 , police authorities and, for the offences which

concern them, customs authorities acting within the scope of their substantive powers may continue a surveillance operation initiated in their own country across the borders of another Schengen State, subject to very strictly defined conditions and the agreement of the State in whose territory the surveillance is carried out. Article 40 distinguishes between two cases: - "ordinary" surveillance, which is carried out after obtaining authorisation pursuant to a

request for assistance; - "emergency" surveillance, which allows surveillance to be continued in the territory of

another State without prior authorisation.

2.2 Conditions for "ordinary" surveillance

• - 

  a judicial inquiry must be pending

• - 

  the person under surveillance must be suspected of having been involved in an extraditable offence.

Pursuant to Article 2(1) of the European Convention on Extradition of 13.9.57, extraditable offences are:

"offences punishable under the laws of the requesting Party and of the requested Party by deprivation of liberty or under a detention order for a maximum period of at least one year or by a more severe penalty."

• - 

  only certain officers are authorised to perform cross-border surveillance (see list in nat. fact sheets)

• - 

  the requested State must have authorised the surveillance (conditions may be attached to this authorisation) following submission of a request for judicial assistance by the requesting State (see below under arrangements).

7 As amended by Council Decision 2003/725 i/JHA of 2.10.2003, published in OJ L 260 of

11.10.2003, p. 37.

2.3 Conditions for "emergency" surveillance

Emergency surveillance may only be carried out subject to the following conditions:

• - 

  prior authorisation could not be requested "for particularly urgent reasons". This applies for example when the authorities learn of the offence for which cross-border surveillance is required at such a late stage that the request for assistance could not be granted even if it was transmitted to the central authority immediately. - a judicial inquiry is pending - the person under surveillance is suspected of having committed one of the offences mentioned

  in Article 41(4)(a). - only certain officers are authorised to perform cross-border surveillance (see national fact

  sheets) - the central authority of the requested state is immediately notified that the border has been

  crossed (see below under arrangements) - a request for judicial assistance is submitted without delay - the surveillance must cease either:

  • = 

    at the request of the requested State, or = in the absence of authorisation from the requested State, within 5 hrs after crossing the border.

2.4 Arrangements for carrying out the surveillance:

Before crossing the border:

• - 

  Except in emergencies, a request for assistance must first be sent via the central authorities of each state (see national fact sheets for the contact details). In emergencies, the request will be sent as soon as possible.

• - 

  The competent authorities in the requested State shall consider a request from a competent authority (Annex 1) in the requesting State seeking approval for cross-border surveillance as a request for judicial assistance within the meaning of Article 40(1) and (2) Schengen

  Convention This request must contain all of the information available at the time relating to the elements in the document in Annex 2.

• - 

  Authorisation in response to the request (possibly with conditions attached) must have been given by the requested State, which may of course refuse.

  Once the border has been crossed: - The officer must comply with the national law of the country in which he is operating and

  follow the instructions of the locally competent authorities. - The officer must be able to provide proof that he is acting in an official capacity and carry a

document certifying the authorisation to carry out the surveillance (except in emergencies)

• - 

  Unless the requested State expressly objects, the officer may carry his service weapon; its use is prohibited except in cases of legitimate self-defence under the national law of the requested country. (The concepts of legitimate self-defence and service weapon in each state are defined in the national fact sheets.)

• - 

  Entry into homes and places not accessible to the public is prohibited (see national fact sheets for definitions).

• - 

  The person under surveillance may not be arrested or stopped and questioned.

• - 

  The officers carrying out the surveillance must follow the instructions of the locally competent authorities, i.e. the authorities in the district where the surveillance takes place. In general, these authorities must be notified before the start of the surveillance. In emergencies, the officers must contact the nearest authority responsible for police tasks when they cross the border.

  Once the operation has been concluded: - A report must be made to the authorities of the requested country after completion of every

  operation; the officers who performed the surveillance may be required to appear in person. This report must be based on the form provided in Annex 2. Where cross-border surveillance within the meaning of Article 40(1) and (2) Schengen Convention is approved any State may fulfil the obligation to prepare a report within the meaning of Article 40(3)(g)) Schengen Convention

• - 

  The authorities of the requested country may require the assistance of the seconded officers in the follow-up, investigations and judicial procedures after the operation.

2.5 Follow-up information

A standard form for statistics (see Annex 3) has been developed to provide reliable, general information on how often and how efficiently the power of surveillance is exercised.

This form must be filled in by the central authority of the requesting country (see contact details in the national fact sheets) as soon as a request for surveillance has been made, no matter what the outcome (even if the border is not crossed in the end).

Every year, after having appraised the information relating to Article 40 Schengen Convention, each central authority shall forward its own annual report to the General Secretariat of the Council, which will then summarise them and forward them on to the competent Working Party. The forms used for drafting the national reports (Annex 3) are kept in the central authorities.

3 PURSUIT (Schengen Convention, Article 41)

3.1 Principle

Pursuant to Article 41 officers in pursuit of a person may continue pursuit on the territory of a

Schengen State with which their State has a common land border. This option, for which prior authorisation is not required, is subject to very strict conditions and precise arrangements. Some of these conditions and arrangements are of a general nature, others are specific to each country and have been laid down in unilateral declarations. According to the Schengen Convention, each State is free to choose between two options concerning the offences which may give rise to pursuit and is free to restrict the powers of the pursuing officers (whether or not they have the power to stop and question, restrictions on the scope and duration of the pursuit).

3.2 Conditions

• - 

  Pursuit may only be performed across the land borders

• - 

  Only officers authorised by the individual State may exercise the power of pursuit (see national fact sheets)

• - 

  Conditions tied to the type of offence: each State has the choice between two options for the types of offence allowing the power of pursuit to be exercised: either the restrictive list of offences listed in Article 41(4)(a) or extraditable offences (see Section 2.2 for definition of extraditable offences).

• - 

  Reference must be made to the national fact sheets to find out which option has been chosen by an individual State. However, the following conditions apply in all the States:

  • = 

    the person concerned must have been caught in the act of committing or participating in one of the offences

• = 

  pursuit is also authorised where the person concerned is under provisional arrest or

serving a custodial sentence.

• - 

  Conditions for emergency pursuit: emergency pursuit requires that
• = 

  it has not been possible to advise the requested authorities in advance owing to particular

urgency

• = 

  or the authorities have been advised but have not been able to take up the pursuit in good

time themselves

• = 

  the pursuing officers consult the authorities of the requested State at the latest upon

crossing the border

• = 

  the pursuit cease at the first request of the requested State.

3.3 Restrictions on the power of pursuit

There are three types of restriction which may be imposed on the power of pursuit, which each individual State is free to choose:

• - 

  territorial restriction: some States authorise pursuit on their entire territory, others only authorise it for a certain number of kilometres after the border

• - 

  temporal restriction: pursuit may have to be suspended after a certain amount of time has lapsed

• - 

  a restriction on the powers of the pursuing agents: some States authorise them to stop and question, others do not. This does not affect the right to make a citizen's arrest in the State on whose territory the pursuit is carried out when an offender is caught in the act. The different legal situations and restrictions set by each State are set out in the national fact sheets.

3.4 Practical arrangements

During pursuit:

• - 

  It is mandatory to inform the authorities of the State on whose territory the pursuit is being carried out at the latest upon crossing the border. This must be done by contacting

  • = 

    either the first police authority of the State concerned = or one of the liaison authorities designated by the State concerned (see chapter 5 in each national fact sheet)

• - 

  The officer must act in compliance with the national law of the country in which he is operating and must follow the instructions of the locally competent authorities.

• - 

  The power to exercise road traffic privileges during pursuit is granted to the pursuing officers in accordance with the national law of the State onto whose territory pursuit is continued (where applicable, see national fact sheets for the legal situation). - The pursuit must be stopped at the request of the local authorities. - The officer must be in possession of his service badge or pass and be easily identifiable

  (uniform, armband, vehicle, etc.) - The officer may carry his service weapon; its use is forbidden apart from in self-defence

  under the national law of the requesting country (see definitions in the national fact sheets). - Entry into homes and places not accessible to the public is forbidden (see definitions in the

  national fact sheets).

Once pursuit has been concluded:

• - 

  The agents involved must appear before the locally competent authorities to make a report after every pursuit, no matter what the outcome; if the latter so wish, the officers must remain available and provide assistance, if requested, with the follow-up, investigations and judicial procedures.

• - 

  If the person is arrested and is not a national of the country where the arrest was made, he must be released six hours after arrest if no provisional arrest warrant for extradition is forthcoming (the hours between midnight and 9.00 do not count).

• - 

  The persons arrested may only be subjected to a security search for the purpose of bringing them before the local authorities. They may be hand-cuffed and objects on their person may be seized.

3.5 Follow-up information

A standard form for statistics is attached (Annex 4) so as to give the central authorities reliable, general information on how often and how efficiently the power of pursuit is exercised.

This form must be filled in by any authority having engaged in pursuit, whatever the outcome, as soon as the border is crossed and sent to the central authority of the home country. This central authority is the same one as for the power of surveillance (see contact details in the national fact sheets).

Every year, after having appraised the information relating to Article 41 Schengen Convention, each central authority shall forward its own annual report to the General Secretariat, which will then summarise them and forward them on to the Police Cooperation Working Party. The forms used for drafting the national reports (Annex 4) are kept in the central authorities.

4 PUBLIC POLICY AND PUBLIC SECURITY (Schengen Convention, Article 46) 8

4.1 Introduction

The purpose is to foster cooperation with regard to the maintenance of public policy and public security.

• a. 

  This manual is geared towards averting dangers to public order and security which may

concern one or more States and for which there are no bilateral or multilateral

arrangements.

• b. 

  Cooperation shall apply, inter alia, to events where large numbers of persons from more

than one country congregate in one or more States and where the main purpose of the

police presence is to maintain public order and security and prevent criminal offences.

Examples of these are sports events, rock concerts, demonstrations or road blockades. This

cooperation shall not be confined to large-scale events but can also apply to the movements

and activities of concentrations of persons, regardless of size, which may pose a threat to

public policy and public security. Cooperation shall not be confined to neighbouring

States, but may also take place between States which do not have a common border and

States of transit.

4.2 Information exchange

The exchange of information shall take place by the intermediary of a central authority designated to that end (in Member States in which, for constitutional reasons, one single central authority is not competent for the exchange of information for preventive purposes, an arrangement as close as possible to the Schengen Convention shall be made).

The central authorities shall supply one another, bidden or unbidden, with information if circumstances arise or sizeable groups of persons that may pose a threat to public policy and public security move through or towards other Member States. The information shall be supplied at as early a stage as possible.

8 On this subject, see also the Handbook for police and security authorities concerning

cooperation at major events with an international dimension (OJ C …).

Save as otherwise provided under national law, the exchange of information within the meaning of this manual may take place directly between the police services concerned in urgent cases. The central authority shall be informed thereof as soon as possible. For the list of these authorities: see Addendum 2.

• a. 

  Contents of the information: The information which Member States supply one another must be dealt with confidentially and shall be used exclusively for the purpose for which it is provided.

  The information provided shall, as far as possible, contain information listed in the "Checklist of information to be exchanged" (Annex 5). The information to be provided shall be supplied in accordance with relevant national legislation.

• b. 

  Communication: In order to exchange information, the central authority may use the Liaison Bureaux and, if appropriate, joint police stations or the contact points referred to in this manual. The following means of communication may be used when exchanging information: tel, fax, e-mail, radio communication, other means of data communication. The Secretariat shall verify annually whether the details for the central authorities are still up to date. The central authorities concerned shall notify the Secretariat of any amendments occurring in the meantime.

4.3 Practical cooperation

• a. 

  The secondment and exchange of ad hoc liaison officers i. At the request of the authorised police authority of each of the Member States, liaison officers may be sent to other Schengen States when a report or information on a real, impending danger is received. The task of liaison officers shall be to advise and assist.

• ii. 

  The liaison officers shall not be empowered to execute autonomously any police

measures. They shall supply information and shall discharge their duties on the

instructions issued to them by the Member State which they come from and by the

Member State to which they are seconded. The host police authority of the Member

State is bound to provide for the protection of liaison officers.

• iii. 

  The relevant police authority of the host Member State shall determine the activities of

liaison officers and the conditions in which these are carried out. The liaison officers are

bound to follow instructions issued by the competent authorities.

• b. 

  Ad hoc coordination of operations in specific cases

Member States shall, in accordance with their domestic law, coordinate with one another their operations and practical measures with relation to averting danger to public order and security

on an ad hoc basis.

• c. 

  Setting up on-site Joint Command and Coordination Centres on an ad hoc basis

  Should the circumstances give cause, police authorities from Member States concerned may, with a view to coordinating operations, set up joint command and coordination centres; this shall be without prejudice to domestic powers.

4.4 Other provisions

• a. 

  The improvement of cooperation between Central Authorities

  With a view to fostering cooperation between the central authorities, the Presidency shall, if necessary, convene an annual meeting of the heads of the central authorities to be held each spring. The heads of the central authoritis shall then discuss matters of common interest and assess the efficiency of the cooperation.

  They shall endeavour to pool their organisations' knowledge by, for instance, organizing exercises, exchanges and training courses for their staff.

• b. 

  Evaluation of cooperation

  An opinion on the cooperation referred to in this manual shall be incorporated in the Annual Report by the Police Cooperation Working Party.

• 5. 

  LIAISON OFFICERS (Schengen Convention, Article 47)

  The provisions of Article 47 of the Schengen Convention concerning the secondment of and cooperation between liaison officers have been further developed by Council Decision 2003/170 i/JHA of 27 February 2003 on the common use of liaison officers posted abroad by the law enforcement agencies of the Member States (OJ L 67 of 12.3.2003, p. 27), as amended by Council Decision 2006/560 i/JHA of 24 July 2006 (OJ L 219 of 10.8.2006, p. 31).

  The summary of Member States' postings of liaison officers is set out in Addendum 3 to this Handbook ("List of liaison officers"). The list of national contact points referred to in Article 7 of the 2003 Council Decision is included in Addendum 2 to this Handbook ("List of contact points") and is regularly published in the Official Journal.

• 6. 

  BILATERAL ARRANGEMENTS AND AGREEMENTS (Schengen Convention, Article 39(4) and (5))

  Article 39(4) "In border areas, cooperation may be covered by arrangements between the competent Ministers of the Contracting Parties."

  Article 39(5) "The provisions of this Article shall not preclude more detailed present or future bilateral agreements between [Contracting Parties] with a common border. The [Contracting Parties] shall inform each other of such agreements."

  The provisions of the Schengen Convention allow Member States to conclude bilateral agreements aimed at strengthening police and customs cooperation.

  The purpose of this handbook is not to go into detail on these agreements. Nevertheless, for information purposes, the list of bilateral and multi-lateral agreements is set out in Addendum 4 to this Handbook ("List of bilateral or multilateral agreements"). The list of Police and Customs Common Centres (PCCCs) is set out in Addendum 2 ("Lists of contact points").

ANNEX 1

Request for assistance for cross-border surveillance (Article 40 Schengen Convention)

Details of the request - Requesting State 010.

• - 

  Requested State (S) 011. - Sender 012.

• - 

  Addressee 013. - Date and time of the request 014.

• - 

  Name of the person under surveillance or, if unavailable, name 015. or no. of the case

• - 

  Cross-border surveillance: ordinary or urgent 016. - If ordinary, date and time of crossing the border 017.

• - 

  If urgent, grounds for urgency 018.

Details of the investigation - Competent judicial authority 020.

• - 

  File no. 021. - Name and position of competent magistrate 022.

  Telephone Fax Competent police force 023. Person in charge, tel, fax

  Legal classification of the acts: 024. (a) Ordinary : – Offence – Liable penalty (b) Urgent :

• - 

  Murder 025.1. - Manslaughter 025.2. - Rape 025.3. - Arson 025.4. - Forgery of money 025.5. - Aggravated burglary and robbery 025.6. - Receiving stolen goods 025.7. - Extortion 025.8. - Kidnapping and hostage taking 025.9. - Trafficking in human beings 025.10. - Illicit trafficking in narcotic drugs and psychotropic substances

• - 

  Breach of the laws on arms and explosives 025.11. - Use of explosives 025.12.

• - 

  Illicit transportation of toxic and dangerous waste 025.13. 025.14.

• - 

  Date of the acts 026. - Scene of the acts 027.

• - 

  Description of the acts 028. - Role of the implicated party 029.

Information available on the ground:

Dept. responsible for surveillance - Person in charge on the ground 030.

• - 

  Telephone Mobile phone Radio (optional) Call code

• - 

  Surveillance forces 031. - Vehicles

  Registration no. Vehicle make

• - 

  Alternate use of registration plates requested 032.

• - 

  Estimated time of surveillance (day, month, year, time, 033. duration of the operation, statement)

• - 

  Estimated area of the operation 034. - Estimated location of crossing the border 035.

Person(s) observed - Name 040.

Given name, Date of birth - Nationality 041. - Male / female 042. - Estimated age 043. - Description (size, build, hair colour etc.) 044. - Address (postal code, location, street, and dwelling no.) 045. - Telephone 046.

Mobile phone - Personal information (armed, violent, drug user) 047. - Photo and / or finger prints 048. - Vehicle (manufacturer, type, colour, registration no.) 049. - Vehicle with a tracking device 050. - Other pertinent information 051.

Persons in contact with the suspect meeting point - Other persons accompanying the suspect 052. Miscellaneous 053.

ANNEX 2

Follow-up report on a cross-border surveillance operation (Article 40 Schengen Convention)

• - 

  Requesting State 100. - Requested State 101. - Date 102 - Sender 103. - Addressee 104. - Name or no. of the case 105. Name of the dept. (on the ground) which carried out the surveillance - Name and grade of the person in charge on the ground 110. - Address 111. - Telephone no. 112. - Fax no. 113. Circumstances surrounding the operation - Information on the offence 120. - Information on the implicated party 121. Means used - No. of vehicles 130. 1- Make 2- Type 3- Colour 4- Registration no. - No. of persons 131. - Miscellaneous 132. Account of the action taken - Start 140. - Route and border crossing points (S) 141. - Time of arrival 142. - End of surveillance: date and time 143. - Local authorities that afforded assistance 144. - Miscellaneous 145. Noteworthy events - Incidents involving the authorities of the requested State 150. - Incidents involving the implicated party 151. - Other incidents 152. Elements observed during the operation - Place(s) 160. - Vehicles - Persons Follow-up given to the case - In respect of the implicated party 170. - Jurisdiction(s) or magistrate(s) contacted in the requested State 171. Miscellaneous 172.

Please note: This is an administrative document which should not be used as legal evidence.

ANNEX 3

Form to evaluate the results of a request for cross-border surveillance no../.(serial no/year)

(Article 40 Schengen Convention; to be completed by the requesting country)

Requesting country: Date and time of transmission:

Central authority:

Requested country and authority:

Comments - planned (Art 40 (1)) - emergency (Article 40(2))

Offence(s) murder

manslaughter

rape

arson

forgery of money

aggravated burglary and robbery or receiving stolen goods

extortion

kidnapping or hostage taking

trafficking in human beings

illegal trafficking in narcotics and psychotropic substances - controlled deliveries

firearms and explosives offences

use of explosives

illegal transport of toxic or harmful waste

other extraditable offence

specify:

Planned places/areas and means of surveillance:

Surveillance authorised? yes Conditions imposed:

Duration:

no Why not?

Surveillance carried out on the yes Duration:

territory of the requested

country? partially Why?

no Why not?

Number of times the border was crossed:

Surveillance carried out by the requesting country

by the requested country

Number of persons and vehicles under surveillance:

Results and problems

ANNEX 4

Form to evaluate the results of cross-border pursuit no. ../... (serial no./year)

(to be completed by the requesting authority)

Requesting country: Date and time received:

Authority:

Requested country and authority:

Offence(s) murder manslaughter rape

arson forgery of money aggravated burglary and robbery or receiving stolen goods extortion kidnapping or hostage taking trafficking in human beings illicit trafficking in narcotics or psychotropic substances weapons and explosives offences use of explosives illicit transportation of toxic or hazardous waste leaving the scene of an accident causing loss of life or serious injury absconding from remand in custody or prison other extraditable offence specify

Place / area of pursuit:

Decision to call off no pursuit

yes, why ? Outcome of the pursuit:

Participation/take over by officers of yes the requested State no Problems encountered and possible proposals to solve these technical communication problems: a) language problems: b) coordination problems: c) other problems: d) description of problems: e) proposed solutions

ANNEX 5

Checklist of information to be exchanged (Annex 3 to SCH/I (97) 36 rev 6)

• 1. 

  Type of occasion or event

• 2. 

  Group of persons:

(a) Number

(b) Type and composition of the group

(c) Motivation, propensity for violence, likelihood of a disturbance

• 3. 

  Meeting places and times

• 4. 

  Routes and stops

• 5. 

  Mode of transport

• 6. 

  Other pertinent information

• 7. 

  Reliability of the information

Met de EU Monitor volgt u alle Europese dossiers die voor u van belang zijn en bent u op de hoogte van alles wat er speelt in die dossiers. Helaas kunnen wij geen nieuwe gebruikers aansluiten, deze dienst zal over enige tijd de werkzaamheden staken.

De EU Monitor is ook beschikbaar in het Engels.