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  • Security at meetings of the European Council and other comparable events

    COUNCIL OF THE EUROPEAN UNION
    Brussels, 11 July 2001 (12.07)
    (OR. fr,en)
    10731/1/01 REV 1 LIMITE
    JAI 74
    NOTE
    from : Presidency
    to : Council (Justice and Home Affairs)
    Subject :  Security at meetings of the European Council and other comparable events

    Draft conclusions of the Council and of the representatives of the Governments  of the Member States 1. At its meeting on 11 July 2001, the Permanent Representatives Committee examined the draft conclusions of the Council and of the representatives of the Governments of the Member
    States on security at meetings of the European Council and other comparable events.


    2. The outcome of its proceedings is annexed.
    3. The Presidency notes that several delegations would like further discussion in the Council on:
    point 2(d) of the draft conclusions relating to the exchange of data on troublemakers who
    have committed violent acts, either by means of access to existing national files or by setting
    up a European database, and on point 3(b) relating to the freedom of movement of persons
    with a record of law and order offences.
    4. The Presidency invites the Council to adopt the draft conclusions as set out in the Annex.
    10731/1/01 REV 1 ket/FR/at
    2
    ANNEX DG H
    EN
    ANNEX
    Subject : DraftDraft conclusions of the Draft conclusions of the JHA CounDraft conclusions of the JHA of the Member States  13 July 2001
    I.
    The Council and the representatives of the Governments of the Member States recall the objective
    of the European Union to maintain and develop the Union as an area of freedom, security and
    justice. In such an area, citizens must enjoy the right:
    (i) freely to express their opinions and to assemble in a peaceful manner, rights reflected in the
    European Convention on Human Rights; and
    (ii) to do so in conditions where there is not a threat to their own security nor to that of other
    citizens or properties.
    The Council and the representatives of the Governments of the Member States deplore the actions
    of those who abuse these democratic rights by initiating, planning and carrying out acts of violence
    to coincide with public demonstrations.
    Moreover, they are concerned about the threat to which police officers responsible for the
    maintenance of law and order have been exposed.
    For the purpose of ensuring that these principles can also be achieved in the context of meetings of
    the European Council and other comparable events, the Council and the representatives of the
    Governments of the Member States recall, in addition to the need for a dialogue with
    non-governmental organisations, social partners and civil society, the importance in particular of:
     on the one hand, a constructive dialogue between the organisers of public demonstrations and
    the authorities of the host country and
     on the other hand, close international contacts, particularly among the Member States’ law
    enforcement authorities themselves, to ensure that such legitimate demonstrations are not
    exploited or abused by other elements for the sole purpose of committing acts of collective or
    individual violence.
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    ANNEX DG H
    EN
    Building on the possibilities offered by existing legal instruments and bodies set up within the
    European Union, particularly the provisions of the Convention implementing the Schengen
    Agreement (notably Article 46) and the Joint Action adopted by the Council on 26 May 1997 on the
    basis of Article K.3 of the Treaty on European Union with regard to cooperation on law and order
    and security, the Council and the representatives of the Governments of the Member States believe
    that there is a need to stress the importance of effective European cooperation on law and order.
    They are of the view that the Task Force of Chiefs of Police should make a significant contribution
    to the practical implementation of cooperation between the law enforcement authorities of the
    Member States.
    While recognising that the host country is responsible for maintaining public order and safety in the
    context of meetings of the European Council and other comparable events, the Council and the
    representatives of the Governments of the Member States believe that the following operational
    measures may help to reduce the risk of serious disturbances of law and order.
    II.
    1. Police cooperation
    Activation of a permanent national contact point in each Member State for the collection,
    analysis and exchange of relevant information;
    (b) the setting up, at the request of the country in which the event is held  before, during
    and after the event  of a pool of liaison officers who could be delegated by the
    Member States from which the risk groups come;
    (c) use of police or intelligence officers able to identify persons or groups likely to pose a
    threat to public order and security, provided by the Member States from which such
    persons or groups come;
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    ANNEX DG H
    EN
    (d) the permanent monitoring of these operational procedures by the senior officials
    working party referred to in Article 3 of the abovementioned Joint Action. That
    working party may meet at the request of the host Member State as a Police Chiefs’
    Task Force specifically in order to:
     advise on the most appropriate operational measures for ensuring the effective
    policing and security of European Councils and similar events;
     contribute to effective EU police cooperation in support of the Member State
    hosting the event, and to
     monitor the effectiveness of these arrangements and share the results and best
    practice with the relevant Council working parties.
    The Police Chiefs’ Task Force may call upon experts in the fields of public order to
    assist them in these tasks;
    (e) the preparation, whenever possible, of a joint analysis of violent disturbances, offences
    and groups. In the context of discussions on the amendment of the Europol
    Convention, the Council will examine the possibility of increasing the powers of
    Europol in this area;
    (f) the organisation of targeted training by the European Police College (EPC), including
    the exchange of best practice. The Council welcomes the proposal by certain Member
    States to hold a seminar in France under its auspices on the maintenance of law and
    order and is pleased with the proposal submitted under the OISIN programme for
    Community financing.
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    ANNEX DG H
    EN
    2. Exchange of information, respecting the right to the protection of personal data
    The collection, analysis and exchange of the information described in Article 1 of the
    abovementioned Joint Action, including that from open sources in compliance with
    national law;
    1. in this context, before and during events, the exchange of information via the liaison
    officers mentioned in point 1 above;
    2. the drawing up by the Member State concerned, immediately after disturbances of law
    and order have occurred, of an incident report and subsequently of an evaluation report
    and their transmission to the central authorities referred to in Article 3 of the
    abovementioned Joint Action;
    3. (d) examination of the legal possibilities and of the need either to exchange data on
    the basis of existing national files or to set up a European database of troublemakers
    who have committed violent acts.
    3. Measures relating to the crossing of borders
    (a) In accordance with Community law, national law, and fundamental legal principles:
     implementation of expulsion measures taken in the context of the maintenance or
    restoration of law and order, and cooperation in the repatriation of demonstrators
    who have been expelled;
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    ANNEX DG H
    EN
     examination of the legal possibilities for preventing individuals who have a record
    of law and order offences from leaving the Member State, travelling through
    another Member State or entering the country hosting the event if it is established
    that such persons are travelling with the intention of organising, provoking or
    participating in serious disturbances of public law and order;
    (b) application, by the countries concerned, of the provisions of the Convention
    implementing the Schengen Agreement  in particular, if it proves essential, Article 2(2)
    thereof  or, if necessary, the establishment of arrangements with neighbouring
    countries to make possible joint or coordinated preventive patrols in border areas or to
    carry out joint checks.
    4. Judicial cooperation
    (a) Facilitation of direct cooperation between the judicial authorities or other competent
    authorities, in particular the execution of requests for mutual legal assistance through the
    drawing up of standard letters rogatory and use of contact points available 24 hours a
    day, allowing for the necessary judicial assistance to be mobilised. Such direct contacts
    may be facilitated by the European Judicial Network.
    (b) Implementation of adequate recording and research methods to enable violent
    troublemakers to be prosecuted and tried rapidly.
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    ANNEX DG H
    EN
    5. Organisational measures
    5
    (a) Development of a common approach to communication, both for dealings with the
    various players concerned and for general communications;
    (b) involvement of the organiser of an event in internal security measures;
    (c) with a view to developing a common approach, exchanging information
    inter alia through the European Crime Prevention Network on best