COUNCIL OF
Brussels, 15 April 2011
THE EUROPEAN UNION
9105/11
ENFOPOL 114
ENFOCUSTOM 32
FRONT 48
COMIX 250
NOTE
From:
General Secretariat
To:
Delegations
No. prev. doc. : 11770/2/10 REV 2 ENFOPOL 194 ENFOCUSTOM 64 FRONT 100 COMIX 467
10454/09 ENFOPOL 155 ENFOCUSTOM 54 FRONT 44 COMIX 460
13815/08 ENFOPOL 183 ENFOCUSTOM 88 FRONT 85 COMIX 718
Subject:
European Best Practice Guidelines for Police and Customs Cooperation Centres
Delegations will find below the updated European Best Practice Guidelines for Police and Customs
Cooperation Centres including the new annexes 4 and 5 which were set out in doc. 10454/09
ENFOPOL 155 ENFOCUSTOM 54 FRONT 44 COMIX 460 and doc. 11770/2/10 REV 2
ENFOPOL 194 ENFOCUSTOM 64 FRONT 100 COMIX 467 respectively.
9105/11
RR/dk
1
DG H 3A
LIMITE EN
ANNEX
EUROPEAN BEST PRACTICE GUIDELINES FOR
POLICE AND CUSTOMS COOPERATION CENTRES
PREAMBLE
INTRODUCTION
I.
ESTABLISHMENT
A.
Definition and legal framework
1.
Definition
2.
Legal framework
B.
Location of PCCCs
C.
Territorial competence of PCCCs
II.
OPERATION OF A PCCC
A.
Tasks of a PCCC
1.
Collecting and exchanging information
2.
Assisting operations taking place in the border area
3.
Specific analysis of cross-border crime
B.
Coordination
1.
PCCC coordinator
2.
National coordination of PCCCs
3.
Distribution of responsibilities between the PCCCs and the national central
units coordinating international cooperation
C.
Functional organisation
1.
Human resources
2.
Material resources and day-to-day management
9105/11
RR/dk
2
ANNEX
DG H 3A
LIMITE EN
III. EVALUATION
A.
Composition of the evaluation committee
1.
Status
2.
Composition
3.
Role
B.
Evaluation procedure
1.
Questionnaire
2.
Inspection of the PCCC
C.
Follow-up of the evaluation
1.
Final evaluation report
2.
Submission to the higher authorities
3.
Implementation of the recommendations
Annexes
Annex 1. Outline model cooperation agreement
Annex 2. Outline model operating regulation of PCCC
Annex 3. Outline annual report of a centre
Annex 4. Model questionnaire: evaluation of the PCCC
Annex 5. Specific analysis of cross-border crime within a PCCC
9105/11
RR/dk
3
ANNEX
DG H 3A
LIMITE EN
PREAMBLE
These draft practical guidelines for PCCCs follow on from the work carried out in 2006 by the
Customs Cooperation Working Party and are intended to promote this pragmatic form of cross-
border cooperation. It is hoped that the information provided will be useful to Member States
wishing to set up their own PCCCs.
INTRODUCTION
One of the goals of the European Union is the free movement of persons between the Member
States. The progressive achievement of that goal has brought a growing need for enforcement
agencies to cooperate.
The removal of controls at the internal borders between States belonging to the Schengen area,
which began in 1995, generated the need to enhance information exchange in border areas,
prompting the introduction of joint police stations followed by police and customs cooperation
centres
, as one of the compensatory measures to the abolition of the internal border control. It is
recognised that such centres can also be used to enhance cooperation with third States.
Police and customs cooperation centres (PCCCs) are a valuable local tool in the process of direct
cross-border cooperation,
taking to account recent and future developments, especially regarding to
information exchanges.
They bring together, on one site, all the security authorities of all participating States. Located in
positions of strategic importance for observing cross-border crime, PCCCs play a key intelligence
role for the operational services. Using a simple procedure they can deliver quick replies in all
fields of the border agencies' activities.
As a tool of local collaboration PCCCs are thus ideally suited to the day-to-day needs of cross-
border cooperation.
PCCCs have flourished since their inception, with the number of questions referred to them rising
steadily and more and more centres being established throughout Europe.
1
1
The list of PCCCs can be found in document 7968/08 ENFOPOL 63.
9105/11
RR/dk
4
ANNEX
DG H 3A
LIMITE EN
These guidelines are designed to provide practical recommendations for setting up and operating
PCCCs.
I.
ESTABLISHMENT
A.
Definition and legal framework
1.
Definition
A PCCC is a
support structure for exchanging information and providing support to the
activities of the operational agencies responsible for police,
border and customs tasks in the
border area. PCCCs bring together staff from the authorities responsible for security in a
single location. The fact that staff from the agencies of different States work side by side with
common objectives contributes to narrowing the gap between methods and administrative
cultures and to a better understanding of the working procedures of each.
2.
Legal framework
PCCCs are established on the basis of agreements between the partner States in accordance
with
Article 39(5) of the Convention
implementing the Schengen Agreement (CISA) : "The
provisions of this Article shall not preclude more detailed present or future bilateral
agreements between Contracting Parties with a common border [...]."
In these agreements Member States
generally define the basis for their cross-border
cooperation, including the PCCCs' tasks, legal framework, and the procedures for establishing
and operating them. Agreements are generally divided into two parts: one concerning the
PCCC, the other dealing with direct cross-border cooperation between operational agencies.
A model agreement is set out in
Annex 1. Agreements are signed and ratified in accordance
with each party's national law.
9105/11
RR/dk
5
ANNEX
DG H 3A
LIMITE EN
B.
Location of PCCCs
PCCCs are set up in the immediate vicinity of the
borders between partipating States. The
participating host country and the location of the centre are chosen by common agreement.
While they usually involve Schengen States, PCCCs can be established between any European
Union Member State and its neighbours, a possibility which is to be encouraged as contributing to
the security of the external borders.
C.
Territorial competence of PCCCs
The activities of a PCCC are primarily related to and carried out in the border area. However, the
agreement establishing the PCCC may allow requests to be referred to it by agencies outside that
area.
II.
OPERATION OF A PCCC
The specific rules for operating a PCCC may be laid down in an operating regulation approved by
the various participating administrations (see model operating regulation in
Annex 2). The
operating regulation may be a joint instrument of the participating States.
The regulation will have two types of provisions: rules on the implementation of the agreement and
specific provisions.
It may, for example, lay down rules on:
–
the status of the PCCC's staff and their coordination;
–
the tasks, operating arrangements and technical means of cooperation ;
–
the financial aspects (preparation of budgets) and logistics of the agreement with regard to
each party ;
–
training, etc.
9105/11
RR/dk
6
ANNEX
DG H 3A
LIMITE EN
A.
Tasks of a PCCC
1.
Collecting and exchanging information
Generally speaking, a PCCC acts as a "facilitator" of information exchange between States :
its staff are the interface between their national operational agencies and the representatives of
the partner State in the PCCC. In the interests of efficiency, staff should be encouraged to
consult the various administrations' data files. The exchange of information must comply with
current data protection and data dissemination provisions
in the respect of the national
legislation.
Information exchanged via PCCCs relates in particular to petty and moderately serious crime,
illegal migration flows and public order problems.
2.
Assisting operations taking place in the border area
PCCCs facilitate the operational agencies' activities in real time by providing information
exchange and assistance with coordination, in particular in the following areas:
– surveillance, investigations and operations in border areas;
– joint
control and surveillance in border areas;
–
cross-border operations for maintaining or restoring public order.
9105/11
RR/dk
7
ANNEX
DG H 3A
LIMITE EN
The task of PCCC staff is to rapidly provide the operational agencies on assignment with
information requested, in accordance with Council Framework Decision 2006/960/JHA of 18
December 2006 on simplifying the exchange of information and intelligence between law
enforcement authorities of the Member States
2 and Article 46
3 of the Schengen Convention.
Such information may include identification of
persons and vehicles undergoing checks or of
telephone subscribers, the verification of the appropriateness and authenticity of ID and travel
documents, etc.
The competent authorities of the parties may jointly decide to transform a PCCC into an
operational coordination centre at the service of all the agencies concerned, in particular in the
case of major incidents (natural catastrophes) or
major scheduled events (
G 8, Olympic
Games, Football World Cup, etc.).
PCCC staff also facilitates the smooth conduct of cross-border surveillance and hot pursuit
measures by quickly providing the authorities concerned with information and fulfilling an
advisory and non-operational support role.
They may also take part in the preparation of readmission measures.
Other tasks of PCCCs can be set out by agreements between the Partner States.
2
OJ L 386 of 29.12.2006, p. 89.
3
"1.
In specific cases, each Contracting Party may, in compliance with its national law and
without being so requested, send the Contracting Party concerned any information which may
be important in helping it combat future crime and prevent offences against or threats to
public policy and public security.
2.
Information shall be exchanged, without prejudice to the arrangements for cooperation
in border areas referred to in Article 39(4), via a central body to be designated. In particularly
urgent cases, the exchange of information within the meaning of this Article may take place
directly between the police authorities concerned, unless national provisions stipulate
otherwise. The central body shall be informed of this as soon as possible."
9105/11
RR/dk
8
ANNEX
DG H 3A
LIMITE EN
3.
Specific analysis of cross-border crime
PCCCs enrich the analysis of cross-border crime by exploiting the full range of operational
and statistical information which passes through their hands.
B.
Coordination
1.
PCCC coordinator
Each PCCC participating State appoints a coordinator to represent it. The coordinator receives
a mission statement signed by all his national administrations represented at the centre. The
PCCC coordinator is the reference person for the authorities employing staff who have the
same nationality as him.
Each PCCC coordinator organises the working arrangements of staff under his authority,
taking into account the statutes of each of the administrations involved. A PCCC coordinator
is also responsible for the use of the premises.
A PCCC coordinator must be able to exercise his authority over all the PCCC staff of his
nationality.
A PCCC coordinator represents the centre together with his foreign counterpart(s).
2.
National coordination of PCCCs
In order to facilitate the coordinators' activities each State may set up a national coordination
post. This coordinator will have the task of ensuring interministerial consistency on behalf of
all the national agencies represented in a PCCC and that the PCCCs remain within their remit.
9105/11
RR/dk
9
ANNEX
DG H 3A
LIMITE EN
3.
Distribution of responsibilities between the PCCCs and the national central units coordinating
international cooperation
PCCCs
keep close contact with national central bodies dealing with international cooperation
(NCBs Interpol, Europol national units or Schengen Sirene bureaus)
A PCCC's responsibilities must not encroach on those of the national central units
(in particular with regard to organised crime and terrorism) so as not to compromise the
latter’s competences and objectives.
If, nevertheless, a PCCC receives information within the central units' remit, that information
must be forwarded immediately. Under the Council
Framework Decision of
18 December 2006 on simplifying the exchange of information and intelligence between law
enforcement authorities of the Member States, law enforcement agencies have to send
Europol information within the latter's remit. PCCCs must therefore forward such information
to the Europol national unit, which will if necessary relay it to Europol itself.
C.
Functional organisation
1.
Human resources
– Staff
In the interests of the group's cohesiveness and the centre's efficiency, it is recommended that
the centre's staff be specifically and exclusively assigned to it. Within each PCCC the staff of
the various administrations represented are organised into units. Heads of unit are appointed
by their home administrations for a set period.
Staff work in multinational, interministerial teams. They should help one another.
9105/11
RR/dk
10
ANNEX
DG H 3A
LIMITE EN
– Staff training
PCCC staff should have considerable operational experience, sound knowledge of the
organisation of their home administration and sufficient command of their partners'
languages.
The PCCC staff's language skills and juridical knowledge contribute to the
success of the support provided.
It is recommended that they have the same entitlement as staff in other departments of their
home administrations to in-service training. Such training courses are provided both
nationally and at European level (e.g. by CEPOL).
In addition, they will receive training in common with all PCCC staff regarding each
participating administrations' responsibilities and the legal instruments specific to
international cooperation. This training places them on an equal knowledge footing, so
ensuring good group cohesiveness.
2.
Material resources and day-to-day management
– Opening hours
The parties determine in agreement the opening hours by reference to the need for the
PCCC's services.
In the interests of a smoothly running service, the parties should adopt the same opening
hours.
The aim should be for the PCCC to be open twenty four hours-a-day, seven days a week.
In case that the parties can't open 24 hour-a-day, they should keep a permanent contact point.
9105/11
RR/dk
11
ANNEX
DG H 3A
LIMITE EN
– Communications
I
t is advisable for PCCCs to have a secure internal and external communications system,
using systems similar to those employed by the national operational agencies (telephony, fax,
e-mail, etc.). To increase efficiency and budgetary rationality, each PCCC party should be
able to use a national line to communicate with its home country agencies and authorities.
– Access to national databases
Each unit should have permanent direct access to its own national databases.
– Budgetary aspects
The costs of installing and operating PCCCs are shared between the participating States,
which decide on the rules for sharing expenditure. Questions regarding the host State's
financial responsibility for the initial equipment are to be dealt with in the bilateral or
multilateral agreements establishing PCCCs. Then, at national level, the operating regulation
specifies the share payable by each participating administration for a centre's operating
expenses.
– Computerised management of PCCC activities
Dedicated software should be installed in order to facilitate the circulation of information
within the PCCC in real time and to ensure daily recording and fast processing of questions
referred to it and standardised recording of statistics. This software should be available in the
languages used in the PCCC and should comply with the data protection and privacy
requirements under both countries' current laws and regulations.
9105/11
RR/dk
12
ANNEX
DG H 3A
LIMITE EN
It should, in addition, provide the coordinator with a tool for evaluating the PCCC's activities,
enabling him among other things to improve the centre's operating arrangements.
III. EVALUATION
A PCCC has to be evaluated if it is to operate efficiently
regarding to its tasks and its functional
organisation. Joint evaluation exercises should be carried out periodically. An ad hoc committee
may be set up for that purpose. Its findings will be aimed at improving the centre's operational
efficiency
and the reaching of their mutual expectation.
The frequency of such evaluation will depend on the perceived need to further enhance cross-border
cooperation.
A.
Composition of the evaluation committee
1.
Status
The joint evaluation committee is a dedicated body established by common agreement of the
participating States.
2.
Composition
The evaluation committee will be composed of representatives of each administration and of
each State participating in the PCCC. The committee is led jointly by the national
coordinators, where such coordinators have been appointed, or by representatives of the
central administration designated for that purpose.
9105/11
RR/dk
13
ANNEX
DG H 3A
LIMITE EN
3.
Role
The evaluation committee will make one on-site inspection of the PCCC, during which it
should identify difficulties potentially compromising the centre's action and propose solutions
to address them.
B.
Evaluation procedure
1.
Questionnaire
Before the committee visits the PCCC, a questionnaire will be prepared on the basis of the
centre's reports (
Annex 3: model report).
General questions which could be asked will include:
– any perceived brakes on the centre's activities ;
– their causes ;
–
do the PCCCs meet the needs of the users?
– any changes considered necessary ;
– mutual expectations.
2.
Inspection of the PCCC
The inspection must be pre-announced, since the coordinators, in liaison with the heads of
unit, will need to prepare their replies to the questionnaire and contribute to ideas on any ways
of improving the centre's performance on the basis of previous years' reports.
– Organisation of the inspection
9105/11
RR/dk
14
ANNEX
DG H 3A
LIMITE EN
The following sequence is recommended for the on-site evaluation:
– Inspection of the centre's equipment and workstations;
– Interviews with the various actors.
The coordinators (assisted by their respective heads of unit) should preferably be heard
separately.
– Record of the joint inspection
On completing their visit, the committee leaders should initial a jointly drafted record in each
of their languages setting out their factual observations and the information collected.
C.
Follow-up of the evaluation
1.
Final evaluation report
For the purposes of the final evaluation report the committee will hold a final meeting to draw
up joint conclusions on the basis of the record referred to above. The evaluation report will
conclude with the recommended solutions for improving the operation of the centre.
2.
Submission to the higher authorities
The evaluation report together with recommendations will then be forwarded to the
participating States' competent national authorities for approval.
9105/11
RR/dk
15
ANNEX
DG H 3A
LIMITE EN
3.
Implementation of the recommendations
It is recommended that the joint evaluation report should set a deadline for implementing the
recommendations. Similarly, the inclusion of a rendez-vous clause will make it possible to
ensure at a later date that the partner States have implemented the recommendations properly.
9105/11
RR/dk
16
ANNEX
DG H 3A
LIMITE EN
ANNEX 1
OUTLINE MODEL COOPERATION AGREEMENT
Names of the Parties
PART I.
Scope, purpose of cooperation
–
Agencies concerned and, where appropriate, geographical scope for each Party
–
Areas(s) and objectives of cooperation
–
Legal framework of cooperation
PART II. Organisation of cooperation
The various cooperating agencies
Title I.
Cooperation in police and customs cooperation centres (PCCCs)
–
Objectives of PCCCs : information exchange services and coordination of operations in
border areas – non-operational mission
–
Tasks: harmonising operations, support for hot pursuit and cross-border surveillance,
assistance with readmission measures, etc.
–
PCCC staff: status, information exchange,
opening hours, etc.
–
Equipment of PCCC premises
Title II.
Direct cooperation
–
Secondment of liaison officers
–
Measures, procedures
–
Cross-training measures
13815/08
RR/dk
17
ANNEX 1 TO ANNEX
DG H 3A
LIMITE EN
Title III.
General provisions on cooperation
–
Cross-border surveillance
–
procedures, competent authorities, etc.
–
Hot pursuit
PART III. Implementing rules and final provisions
13815/08
RR/dk
18
ANNEX 1 TO ANNEX
DG H 3A
LIMITE EN
ANNEX 2
OUTLINE MODEL OPERATING REGULATION
OF A POLICE AND CUSTOMS COOPERATION CENTRE
A.
GENERAL
1.
Origins and purpose of PCCCs
2.
Reference texts
B.
TASKS OF PCCCs
1.
Information gathering and exchange
2.
Coordination
·
General principles
·
Scope
3.
Other tasks
·
Assistance and unsolicited communication of information (Articles 39 and 46
Schengen Convention)
·
Assistance with cross-border surveillance and hot pursuit
·
Management of readmissions
C.
ORGANISATION AND OPERATION
1.
Regulatory framework and organisation
2.
The coordinator
3.
Operation
4.
Organisation of data processing
D.
TECHNICAL MEDIA OF COOPERATION
1.
Data files
2.
Links
E.
FINANCES AND LOGISTICS
F.
TRAINING AND REPRESENTATION
FINAL CLAUSE
13815/08
RR/dk
19
ANNEX 2 TO ANNEX
DG H 3A
LIMITE EN
ANNEX 3
OUTLINE ANNUAL REPORT OF A CENTRE
1.
Police and customs cooperation centre: budgetary and logistical aspects
1.
Human resources: current staff numbers and trends
2.
Logistics: premises, inventory of computer equipment, etc.
3.
Budget for the past year: development of budget headings
2.
Activities and measurement of performance
1.
Overall activity (volume of requests, processing time)
2.
Origins and nature of requests (see table below)
3.
Key events (decisive contributions to investigations)
3.
Outlooks
9105/11
RR/dk
20
ANNEX 3 TO ANNEX
DG H 3A
EN
Requested by foreign
Requested by national
agencies
agencies
TOTAL
Total
Total
Change (%)
Change (%)
requests
requests
1. Number of
requests
2. Subject of
referrals
Assistance on request
Unsolicited assistance
Cross-border surveillance
Hot pursuit
Readmissions
3. Type of referral
Offences against persons
Offences against property
Financial offences
Non-drug related customs
offences
Offences related to the
Aliens' Police
Road traffic offences
Drugs
False documents
Vehicle identification
Public order
Other
TOTAL
Statistical report
9105/11
RR/dk
21
ANNEX 3 TO ANNEX
DG H 3A
EN
ANNEX 4
MODEL QUESTIONNAIRE:
EVALUATION OF THE POLICE AND CUSTOMS COOPERATION CENTRE (PCCC)
Questionnaire to be completed by the PCCC coordinator
–
PCCC:…………………………………………………………………………………….
–
Name of PCCC coordinator/
National Supervisory Authority:...........................................
……………………………………………………………..
–
PCCC coordinator coordinates the employees of ……….......................................(names of
authorities)
–
Date completed: ………………………………………………………………………….
Part I
Budgetary and logistical aspects
1.
Human resources
1.1
PCCC employees
1.1.1. How many PCCC employees has each authority of your state in your
PCCC?
(
Give the current number and that projected)
1.1.2. Do you think it will be necessary to increase or decrease the number of
staff in the PCCC? If so, by how many?
Give reasons
1.1.3. In case the projected number of employees has not been reached, what has
hampered the full staffing of the PCCC?
1.1.4. Express as a percentage the fluctuation of the staff in the PCCC? What are
the most common reasons for their leaving?
1.1.5. How many staff is present in the PCCC during working/operating hours?
1.1.6. Do you think it would be appropriate to increase or decrease the number of
staff present in the PCCC during working/service hours?
Give reasons
1.1.7. What are the requirements for recruiting staff?
(Including level of knowledge of foreign languages)
9105/11
RR/dk
22
ANNEX 4 TO ANNEX
DG H 3A
EN
1.1.8
Do you think it would be useful to change the requirements for recruiting
employees? If so, say how.
Give reasons.
1.1.9
What training in international police cooperation do PCCC employees have
to complete? What training does the PCCC organise, who takes part in it
and how, what is its substance, when (before and after joining the PCCC)
and how often does it take place?
1.1.10 Do you think it would be useful for PCCC employees to take part in other
training activities? If so, say what.
Give reasons.
1.2.
PCCC coordinator
1.2.1.
Please explain how the cooperation with other coordinators in your PCCC
is organised (e.g. number of meeting, structure etc.)?
2.
Material resources
2.1.
Premises
2.1.1.
What premises do you have at your disposal (e.g. number of offices, type
of accommodation etc.)?
2.1.2.
Has a joint office been set up? Explain the advantages and disadvantages of
this kind of cooperation.
2.1.3.
Do you need to carry out any construction and/or technical modifications?
If so, what?
Give reasons.
2.2.
Equipment
2.2.1.
What equipment do you have?
2.2.2.
What other equipment do you suggest installing in the PCCC?
Give
reasons.
2.3.
Working time
2.3.1.
Is your PCCC operational 24hrs per day? Would it be useful to change
operating/working hours at the PCCC? If so, what do you suggest?
Give
reasons.
If the PCCC is not operational 24 hrs per day, do you have a permanent
contact point?
9105/11
RR/dk
23
ANNEX 4 TO ANNEX
DG H 3A
EN
2.4.
Automated management activities
2.4.1
Is there any purpose-built software installed (e.g. a common protocol) for
circulating information in your PCCC in real time and for registering and
rapidly resolving related questions and standardised registration of
statistics?
2.4.2.
Is this software available in your language?
2.4.3.
Does this software satisfy the requirements of the protection of personal
data under the current legislation of your state?
3.
Budget
3.1.
Shared costs
3.1.1.
How are establishment and running costs in a PCCC shared between the
authorities of your state and those of another participating state?
3.1.2.
Do you think that it would be appropriate to change the way in which such
costs are shared? If so, how?
Give reasons.
3.2.
Expenditure
3.2.2.
How much do you spend on your activity (e.g. operation of the building,
equipment, training, promotion of the PCCC)
3.2.3.
Do you think it is necessary to increase or decrease your budget in the
PCCC? If so, by how much?
Give reasons.
9105/11
RR/dk
24
ANNEX 4 TO ANNEX
DG H 3A
EN
Part II
Activities and measurement of performance
A) method of carrying out tasks (quality)
4.
Exchange of information
4.1.
Submission of requests to provide information from abroad
4.1.1.
Which state bodies in your country ask you to obtain information from
abroad?
4.1.2.
On average how long does it take to deal with particular kind of requests?
(From receipt of the request to dispatch of the response to the requestor)
4.1.3.
Do you think that the requests could be dealt with faster? How?
4.1.4.
What have been the commonest reasons for refusal of your requests?
4.2.
Handling requests to provide information abroad
4.2.1.
On average how long does it take to deal with these requests?
(From receipt of the request to dispatch of the response to the requestor)
4.2.2.
Do you think that the requests could be dealt with faster? How?
4.2.3.
What have been the commonest reasons for refusal of requests received
from abroad?
5.
Support for executive bodies
5.1.
Joint operations
(e.g. Chapter V of the Prüm Treaty or Article 17 of the Prüm Decision)
5.1.1.
What is your involvement in this type of cooperation?
5.1.2.
Do you think that the scope and/or form of your involvement should be
changed? How?
Give reasons
5.2.
Hot pursuit
5.2.1.
What is your involvement in this type of cooperation?
5.2.2.
Do you think that the scope and/or form of your involvement should be
changed? How?
Give reasons
9105/11
RR/dk
25
ANNEX 4 TO ANNEX
DG H 3A
EN
5.3.
Cross-border surveillance
5.3.1.
What is your involvement in this type of cooperation?
5.3.2.
Do you think that the scope and/or form of your involvement should be
changed? How?
Give reasons
5.4.
Readmission of persons and seizure of goods
5.4.1.
What is your involvement in this type of cooperation?
5.4.2.
Do you think that the scope and/or form of your involvement should be
changed? How?
Give reasons
6.
Analyses, situation reports and public relations of PCCC
6.1.
Analysis of cross-border crime
6.1.1.
Do you produce analyses of cross-border crime? What is their structure and
content? To whom are they issued?
6.1.2.
Do you produce a joint analysis of cross-border crime with bodies from
another participating state? How frequently? What is their structure and
content? To whom are they issued?
6.1.3.
Do you think it would be useful to make any changes as regards these
analyses? What and how?
6.2.
Situation reports
6.2.1.
Do you produce situation reports? How often? What is their structure and
content? To whom are they issued?
6.2.2.
Do you produce a joint situation report with bodies from another
participating state? How frequently? What is their structure and content?
To whom are they issued?
6.2.3.
Do you think it would be useful to make any changes as regards these
reports? What and how?
6.3
Public relations of PCCC
6.3.1.
How do you inform executive units of PCCC activities?
6.3.2.
How do you inform the public of PCCC activities?
6.3.3.
Do you think it would be useful to make any changes in this area? What
and how?
B)
Statistical data (quantity) - Table in ANNEX 3 of Guidelines
9105/11
RR/dk
26
ANNEX 4 TO ANNEX
DG H 3A
EN
Part III
Outlooks
7.
Concluding questions
7.1.
Assessment of PCCC operation
7.1.1
How do you assess the operation of your PCCC?
7.1.2.
What problems do you wrestle with in your activities? What causes them?
7.1.3.
What changes would you suggest making to the way your PCCC operates
that has not been covered in the foregoing answers?
7.2.
Other
7.2.1.
Are any questions missing from this questionnaire? If so, enter these
questions (including your answers to them) in the Annex to the
questionnaire you have completed.
9105/11
RR/dk
27
ANNEX 4 TO ANNEX
DG H 3A
EN
ANNEX 5
SPECIFIC ANALYSIS OF CROSS-BORDER CRIME WITHIN A PCCC
1.
General framework
An accurate and updated picture of criminality allowing for an accurate evaluation of the criminal
risks is a determining factor in the framework of the development of a security policy which aims
at being efficient.
In the border regions, this picture – in order to be complete – cannot be limited to data stemming
from one single country, but should also take cross-border aspects into account.
As cross-border exchange platforms, the Police and Customs Cooperation Centres (PCCCs) have
authority for bringing an important contribution to the global picture of criminality in their border
regions and to position themselves as ‘observatory of cross-border crime’.
2.
PCCC specific action
Within this framework, the PCCCs enrich the analysis of cross-border crime, whilst carrying out
all or some of the following functionalities:
·
follow-up of criminal events and offences taking place in the border region falling within their
competence in order to detect:
o
possible relations between events, operating modes and/or perpetrators,
o
any particular evolution of criminal risks, such as the appearance of new security
problems, phenomena, trends and/or modi operandi,
so as to prevent as soon as possible and, if need be, beforehand the authorities
concerned (‘early warning system’);
·
identification of connections between events or present or past facts: the incoming
information is compared to already available data within the PCCC in order to detect possible
links between them;
9105/11
RR/dk
28
ANNEX 5 TO ANNEX
DG H 3A
EN
·
support to the coordination and to the follow-up of cross-border inquiries through:
o
keeping an update overview of the inquiries ongoing in the border region,
o
detecting links between the several inquiries on each side of the border,
o
information and making contact with the different services investigating on the same
facts and/or the same persons;
·
on request, follow-up of specific groups of perpetrators and/or specific studies within the
framework of specific phenomena;
·
the relay between international, national, regional cross-border analysis through
o
the integration of international, national and regional analysis in the picture of
criminality in the border region,
o
handing over to the relevant regional and/or national authorities the cross-border
analyses carried out within the PCCCs which could fill in the regional, national and/or
international security picture.
3.
Possible sources
The implementation of these functionalities by the PCCCs presupposes the access to some sources,
such as:
·
the use of the respective national databases accessible within the PCCC;
·
the use of the documentation gathered within the PCCC:
o
information bulletins,
o
reporting of inquiries,
o
wanted posters,
o
reporting,
o
operations or inquiries reports,
o
analyses (international, national or regional),
o
…
9105/11
RR/dk
29
ANNEX 5 TO ANNEX
DG H 3A
EN
·
the use of the police daybook containing the information exchange via the PCCCs - in the
framework of the requests addressed to the latter;
·
participation in cross-border working groups, consultations, …;
·
operations taking place in the border area;
·
regular exchange with the other partners (national and/or regional) entrusted with the task of
collecting and analysing the information in the border region;
·
setting up standard comparison processes for information relating to some specific entities;
·
any other possible source.
4.
Success factors
To be effective, the analysis of cross-border crime within a PCCC requires (at least):
·
continuously feeding information about criminal events and offences concerning the border
region by the services and authorities concerned;
·
a joint effective record: software enabling communication, registration and data processing
with the PCCC;
·
dedicated, competent and experienced staff.
5.
Scope
The analysis of cross-border crime carried out within a PCCC will mainly be oriented
geographically on the border region as defined in the different bi- or multilateral agreements
concerned.
Within this framework, the PCCCs are mainly interested in the activities linked to petty and middle
crime and act as a relay for serious crime.
9105/11
RR/dk
30
ANNEX 5 TO ANNEX
DG H 3A
EN
The analysis of cross-border crime within a PCCC is to be complementary to the analyses carried
out at the national, regional
1 and European levels and is done in partnership with the services
competent in the cross-border region, in order to form a global picture of security in the regions
concerned.
This analysis is mainly carried out for the law enforcement agencies of the border region as well as
for the authorities competent entrusted, in this region, of deciding on the strategies and priorities
in the field of security. It is thus aimed at bringing an added value, both on the operational level
and in the development of the security policy.
_____________
1
For the purposes of this text, "region" means an area in which various countries undertake
a specific cooperation.
9105/11
RR/dk
31
ANNEX 5 TO ANNEX
DG H 3A
EN