02002F0465 — EN — 10.03.2022 — 001.001
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COUNCIL FRAMEWORK DECISION of 13 June 2002 on joint investigation teams (OJ L 162 20.6.2002, p. 1) |
Amended by:
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Official Journal |
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DIRECTIVE (EU) 2022/211 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 16 February 2022 |
L 37 |
1 |
18.2.2022 |
COUNCIL FRAMEWORK DECISION
of 13 June 2002
on joint investigation teams
(2002/465/JHA)
Article 1
Joint investigation teams
A joint investigation team may, in particular, be set up where:
a Member State's investigations into criminal offences require difficult and demanding investigations having links with other Member States;
a number of Member States are conducting investigations into criminal offences in which the circumstances of the case necessitate coordinated, concerted action in the Member States involved.
A request for the setting up of a joint investigation team may be made by any of the Member States concerned. The team shall be set up in one of the Member States in which the investigations are expected to be carried out.
A joint investigation team shall operate in the territory of the Member States setting up the team under the following general conditions:
The leader of the team shall be a representative of the competent authority participating in criminal investigations from the Member State in which the team operates. The leader of the team shall act within the limits of his or her competence under national law.
The team shall carry out its operations in accordance with the law of the Member State in which it operates. The members of the team shall carry out their tasks under the leadership of the person referred to in subparagraph (a), taking into account the conditions set by their own authorities in the agreement on setting up the team.
The Member State in which the team operates shall make the necessary organisational arrangements for it to do so.
Information lawfully obtained by a member or seconded member while part of a joint investigation team which is not otherwise available to the competent authorities of the Member States concerned may be used for the following purposes:
for the purposes for which the team has been set up;
subject to the prior consent of the Member State where the information became available, for detecting, investigating and prosecuting other criminal offences. Such consent may be withheld only in cases where such use would endanger criminal investigations in the Member State concerned or in respect of which that Member State could refuse mutual assistance;
for preventing an immediate and serious threat to public security, and without prejudice to subparagraph (b) if subsequently a criminal investigation is opened;
for other purposes to the extent that this is agreed between Member States setting up the team.
Insofar as the information used for purposes referred to in the first subparagraph, points (b), (c) and (d) includes personal data, it shall only be processed in accordance with Directive (EU) 2016/680 of the European Parliament and of the Council ( 1 ), and in particular Article 4(2) and Article 9(1) and (3) thereof.
Article 2
Criminal liability regarding officials
During the operations referred to in Article 1, officials from a Member State other than the Member State of operation shall be regarded as officials of the Member State of operation with respect to offences committed against them or by them.
Article 3
Civil liability regarding officials
Article 4
Implementation
Article 5
Entry into force
This Framework Decision shall enter into force on the date of its publication in the Official Journal. It shall cease to have effect when the Convention on Mutual Assistance in Criminal Matters between Member States of the European Union has entered into force in all Member States.
( 1 ) Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89).