This document is an excerpt from the EUR-Lex website
Document 32023L0977
Information exchange between law enforcement authorities of Member States
- Date of last review:
- 20/10/2023
- Initial creation date:
- 01/12/2023
- Summary code:
-
- 23.04.01.00 Police cooperation
- EUROVOC descriptor:
- Directory code:
- Summarised document(s):
- Author:
- Publications Office of the European Union
- Responsible entity(ies):
- Council of the European Union
Information exchange between law enforcement authorities of Member States
SUMMARY OF:
WHAT IS THE AIM OF THE DIRECTIVE?
It sets out European Union (EU) organisational and procedural rules to ensure an adequate and efficient exchange of information between the law enforcement authorities of EU Member States to prevent, detect or investigate criminal offences.
KEY POINTS
Scope
The directive lays out rules on:
- the exchange of information between the single points of contact (SPOC) established or designated by the Member States;
- the provision of information by law enforcement authorities of Member States;
- the default channel of communication to be used for all exchanges of information;
- the setting up or designation of and the organisation, tasks, composition and capabilities of each Member State’s SPOC.
The directive does not apply to such exchanges of information if they are specifically regulated by other EU laws.
Principles
All exchanges of information under the directive are subject to five principles which should be used when interpreting and applying it:
- availability
- equivalent access
- confidentiality
- data ownership
- data reliability.
Directive (EU) 2016/680 sets out the EU rules on protecting personal data used by police and criminal justice authorities (summary).
Exchange of information
- Member States should have a SPOC, operational at all times, responsible for coordinating and facilitating information exchange.
- For urgent cases, the information requested should be made available within 8 hours if it is directly available to the SPOC and within 3 days if the SPOC can obtain it from public authorities or private parties.
- For all other requests, the information should be made available within 7 days.
- A Member State can refuse a request for information. However, these cases should be made as specific as possible and interpreted as narrowly as possible to ensure the information system functions effectively.
- Europol is involved in the information exchanges, insofar as the criminal offences concerned by the information sought or exchanged falls under the scope of the objectives set out in Regulation (EU) 2016/794 (see summary), with only certain exceptions.
Secure Information Exchange Network Application
The Secure Information Exchange Network Application, managed by Europol, should be used by SPOC or Member State law enforcement authorities to send requests for information, to provide information pursuant to such requests or to provide information on their own initiative.
FROM WHEN DO THE RULES APPLY?
The directive has to be transposed into national law by , and Member States must apply its provisions from that date. There is one exception, however: Member States must bring into force the rules necessary to comply with Article 13 by .
BACKGROUND
For further information, see:
- Information exchange (European Commission).
MAIN DOCUMENT
Directive (EU) 2023/977 of the European Parliament and of the Council of on the exchange of information between the law enforcement authorities of Member States and repealing Council Framework Decision 2006/960/JHA (OJ L 134, , pp. 1–24).
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