PURPOSE : to establish rules on setting up joint investigation teams.
COMMUNITY MEASURE : Council Framework Decision 465/2002/JHA on joint investigation teams.
CONTENT : This Decision provides that the competent authorities of two or more Member States may set up a joint investigation team for a specific purpose and a limited period, which may be extended by mutual consent, to carry out criminal investigations in one or more of the Member States setting up the team. The composition of the team is to be set out in the agreement. Such a team may be set up particularly where:
-A Member State's enquiry into criminal offenses require difficult and demanding investigations having links with other Member States.
-a number of Member States are conducting investigations into criminal offenses in which the circumstances of the case necessitate coordinated, concerted action in the Member States involved.
The team will operate under the following general conditions:
-the leader will be a representative of the competent authority participating in criminal investigations from the Member State in which the team operates. He will act under the limits of competence under national law.
-the team will act in accordance with the law of the Member State in which it operates.
-the Member State will make the necessary organisational arrangements to enable the team to operate.
There are also provisions that cover the following areas:
-seconded members of the team
-request for assistance to third States
-the purposes for which information lawfully obtained by a member or seconded member may be used.
-arrangements for other persons to take part in the teams.
-civil and criminal liability regarding officials.
The Commission must submit a report on the operation of the Framework Decision by 1 July 2004. The Decision will 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.
DATE FOR COMPLIANCE : 01/01/03.
ENTRY INTO FORCE : 20/06/02.�