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Document 12012E087

    Consolidated version of the Treaty on the Functioning of the European Union
    PART THREE - UNION POLICIES AND INTERNAL ACTIONS
    TITLE V - AREA OF FREEDOM, SECURITY AND JUSTICE
    Chapter 5 - Police cooperation
    Article 87
    (ex Article 30 TEU)

    SL C 326, 26.10.2012, p. 83–84 (BG, ES, CS, DA, DE, ET, EL, EN, FR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

    Legal status of the document In force

    ELI: http://data.europa.eu/eli/treaty/tfeu_2012/art_87/oj

    26.10.2012   

    EN

    Official Journal of the European Union

    C 326/1

    CONSOLIDATED VERSION OF THE TREATY ON THE FUNCTIONING OF THE EUROPEAN UNION

    PART THREE

    UNION POLICIES AND INTERNAL ACTIONS

    TITLE V

    AREA OF FREEDOM, SECURITY AND JUSTICE

    CHAPTER 5

    POLICE COOPERATION

    Article 87

    (ex Article 30 TEU)

    1.   The Union shall establish police cooperation involving all the Member States' competent authorities, including police, customs and other specialised law enforcement services in relation to the prevention, detection and investigation of criminal offences.

    2.   For the purposes of paragraph 1, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, may establish measures concerning:

    (a)

    the collection, storage, processing, analysis and exchange of relevant information;

    (b)

    support for the training of staff, and cooperation on the exchange of staff, on equipment and on research into crime-detection;

    (c)

    common investigative techniques in relation to the detection of serious forms of organised crime.

    3.   The Council, acting in accordance with a special legislative procedure, may establish measures concerning operational cooperation between the authorities referred to in this Article. The Council shall act unanimously after consulting the European Parliament.

    In case of the absence of unanimity in the Council, a group of at least nine Member States may request that the draft measures be referred to the European Council. In that case, the procedure in the Council shall be suspended. After discussion, and in case of a consensus, the European Council shall, within four months of this suspension, refer the draft back to the Council for adoption.

    Within the same timeframe, in case of disagreement, and if at least nine Member States wish to establish enhanced cooperation on the basis of the draft measures concerned, they shall notify the European Parliament, the Council and the Commission accordingly. In such a case, the authorisation to proceed with enhanced cooperation referred to in Article 20(2) of the Treaty on European Union and Article 329(1) of this Treaty shall be deemed to be granted and the provisions on enhanced cooperation shall apply.

    The specific procedure provided for in the second and third subparagraphs shall not apply to acts which constitute a development of the Schengen acquis.

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