Directive (EU) 2023/977 on the exchange of information between the law enforcement authorities of Member States

What it is

to legislate on organisational and procedural aspects of information exchange between law enforcement authorities in the EU with a view to contributing to the effective and efficient exchange of such information, hence protecting a fully functioning and resilient Schengen area. PROPOSED ACT: Directive of the European Parliament and of the Council. ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council. BACKGROUND: the Schengen area is the largest free travel area in the world. It allows more than 420 million people to move freely and goods and services to flow unhindered. By removing border controls between Member States, the Schengen area has become part of our European way of life. However, the growing mobility of people within the EU also creates additional challenges in preventing and fighting criminal threats, and in ensuring public safety. The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Lena DÜPONT (EPP, DE) on the proposal for a directive of the European Parliament and of the Council on Information exchange between law enforcement authorities of Member States, repealing Council Framework Decision 2006/960/JHA. The committee responsible recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the proposal as follows: Members proposed that this Directive should establish harmonised rules for the adequate and rapid exchange of information between the competent law enforcement authorities of the Member States where necessary and proportionate for the purpose of preventing, detecting or investigating criminal offences. Where a Member State has provided in national law that, in addition to its Single Point of Contact, its competent law enforcement authorities may also submit requests for information directly to the Single Points of Contact of other Member States, it should send the Commission a list of competent law enforcement authorities . Members considered that to ensure a rapid exchange of information , it is justified to set harmonised time limits. The amended text divides the time limits into five categories, taking into account the urgency of the request, the type of crime, the level of availability (direct or indirect access), and the need to request judicial authorisation. Priority should be given to urgent requests relating to information concerning a serious crime, which can be directly accessed by the requested Single Point of Contact/authority ( eight hours ), while ten days should apply to all non-urgent requests that require judicial authorisation. Member States should ensure that their Single Point of Contact only refuses to provide information if it has been found to be outdated, inaccurate, not specific, harmful to the vital interests or the physical integrity of a natural or legal person or be used for politically motivated purposes or for manifest breaches of fundamental rights. The amended text stipulated that Members States should ensure that requested information is only sent through the Secure…

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