Information exchange and cooperation regarding terrorist offences

KEY POINTS

• To fight against terrorism, it is essential for the relevant services to have the most up-to-date and complete information possible. Member States should gather information concerning criminal investigations, prosecutions and convictions for terrorist offences that affect two or more of them, and transmit it to Europol.
• A designated specialised service from within a Member State’s law enforcement authorities is responsible for sending all relevant information arising from criminal investigations for terrorist offences to Europol, including:
  • the identity of the person, group or entity;
  • the acts under investigation and their specific circumstances;
  • the offence;
  • links with other relevant cases;
  • the use of communication technologies;
  • the threat posed by the possession of weapons of mass destruction.
• Member States must ensure that this information is transmitted to Europol in accordance with national law and with Regulation (EU) 2016/794 establishing Europol (see summary), and that all personal data are processed only for the purposes of the prevention, investigation, detection or prosecution of terrorist offences and other criminal offences for which Europol is competent. The categories of personal data to be transmitted are limited to those listed in Section B, point 2, of Annex II to Regulation (EU) 2016/794.
• Each Member State must ensure that relevant information from documents or other evidence obtained during investigations or criminal proceedings in connection with terrorist offences is made available as soon as possible to other Member States where such information could be used in the prevention, detection, investigation or prosecution of terrorist offences.
• Where appropriate, Member States should set up joint investigation teams to conduct investigations. Requests from other Member States for legal assistance and enforcement of judgments should be given top priority.
• The decision should not jeopardise the safety of individuals or the success of an ongoing investigation or specific intelligence operation.
• The decision does not go beyond what is necessary to achieve its objectives.

Recommendation 2007/562/EC concerns the sharing of information on terrorist kidnappings among Member States (see summary).