DRAFT : COUNCIL DECISION 2007 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime

DRAFT : COUNCIL DECISION 2007 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 30(1)(a) and (b), Article 31(1)(a), Article 32 and Article 34(2)(c) thereof,

On the initiative of 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, the Republic of Austria, the Republic of Slovenia, the Republic of Italy, the Republic of Finland, the Portuguese Republic, Romania and the Kingdom of Sweden,

Having regard to the opinion of the European Parliament,

WHEREAS:

(1) The Council of the European Union attaches fundamental importance to the establishment of an area of freedom, security and justice, which is a fundamental concern of the people of the States united in the Union.

(2) The European Union has set itself the goal of giving the citizens in that area of freedom, security and justice a high degree of security by developing common procedures among the Member States in the field of police and judicial cooperation in criminal matters.

(3) The conclusions of the European Council meeting in Tampere in October 1999 confirmed the need for improved exchange of information between the competent authorities of the Member States for the purpose of preventing, detecting and investigating offences.

(4) In the Hague Programme for strengthening freedom, security and justice in the European Union of November 2004, the European Council set forth its conviction that for that purpose an innovative approach to the cross-border exchange of law enforcement information was needed.

(5) The European Council accordingly stated that the exchange of such information should comply with the conditions applying to the principle of availability. This means that a law enforcement officer in one Member State of the Union who needs information in order to carry out his duties can obtain it from another Member State and that the law enforcement authorities in the other Member State that holds this information will make it available for the declared purpose – taking account of the needs of investigations pending in the latter State.

The European Council set 1 January 2008 as the deadline for achieving this objective in the Hague Programme.

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DRAFT : COUNCIL DECISION PRUM