29.12.2006 EN Official Journal of the European Union L 386/89 COUNCIL FRAMEWORK DECISION 2006/960/JHA of 18 December 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on European Union, and in particular Articles 30(1)(a) and (b) and 34(2)(b) thereof, Having regard to the initiative of the Kingdom of Sweden, Having regard to the opinion of the European Parliament, Whereas: (1) One of the core objectives of the European Union is to provide its citizens with a high level of security within an area of freedom, security and justice. (2) That objective is to be achieved by preventing and combating crime through closer cooperation between law enforcement authorities in the Member States, while respecting the principles and rules relating to human rights, fundamental freedoms and the rule of law on which the Union is founded and which are common to the Member States. (3) Exchange of information and intelligence on crime and criminal activities is the basis for law enforcement cooperation in the Union serving the overall objective of improving the safety of the Union's citizens. (4) The timely access to accurate and up to date information and intelligence is a crucial element for the possibility of law enforcement authorities to successfully detect, prevent and investigate crime or criminal activity, in particular within an area where internal border controls have been abolished. As the activities of criminals are carried out clandestinely, they need to be controlled, and information relating to them needs to be exchanged particularly expeditiously. (5) It is important that the possibilities for law enforcement authorities to obtain information and intelligence concerning serious crime and terrorist acts from other Member States be viewed horizontally and not in terms of differences with regard to type of crime or division of competencies between law enforcement or judicial authorities. (6) Currently, effective and expeditious exchange of information and intelligence between law enforcement authorities is seriously hampered by formal procedures, administrative structures and legal obstacles laid down in Member States' legislation; such a state of affairs is unacceptable to the citizens of the European Union and it therefore calls for greater security and more efficient law enforcement while protecting human rights. (7) It is necessary for law enforcement authorities to be able to request and obtain information and intelligence from other Member States at different stages of investigation, from the phase of gathering criminal intelligence to the phase of criminal investigation. The Member State's systems are different in that respect, but this Framework Decision does not purport to change these systems. However, it seeks, as regards certain types of information and intelligence, to ensure that certain information vital for law enforcement authorities is exchanged expeditiously within the Union. (8) The absence of a common legal framework for the effective and expeditious exchange of information and intelligence between the law enforcement authorities of the Member States is a deficiency that will have to be remedied; the Council of the European Union therefore deems it necessary to adopt a legally binding instrument on simplifying the exchange of information and intelligence. This Framework Decision should not affect existing or future instruments which allow the objectives of this Framework Decision to be extended or which facilitate the procedures for exchanging information and intelligence, such as the Convention of 18 December 1997 drawn up on the basis of Article K.3 of the Treaty on European Union on Mutual Assistance and Cooperation between Customs Administrations (1). (9) As regards the exchange of information, this Framework Decision is without prejudice to essential national security interests, the jeopardizing of the success of a current investigation or the safety of individuals, or specific intelligence activities in the field of State security. (10) It is important to promote the exchange of information as widely as possible, in particular in relation to offences linked directly or indirectly to organised crime and terrorism, and in a way which does not detract from the required level of cooperation between Member States under existing arrangements. (11) The common interest of Member States in fighting crime of a cross-border nature must strike the appropriate balance between fast and efficient law enforcement cooperation and agreed principles and rules on data protection, fundamental freedoms, human rights and individual liberties. (12) In the Declaration on combating terrorism as adopted by the European Council at its meeting on 25 March 2004, the European Council instructed the Council to examine measures for simplifying the exchange of information and intelligence between law enforcement authorities of the Member States. (13) As regards Iceland and Norway, this Framework Decision constitutes a development of the provisions of the Schengen acquis which fall within the area referred to in Article 1 of Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis (2). The procedures set out in that Agreement have been followed in respect of this Framework Decision. (14) As regards Switzerland, this Framework Decision constitutes a development of provisions of the Schengen acquis within the meaning of the Agreement signed between the European Union, the European Community and the Swiss Confederation concerning the association of the Swiss Confederation with the implementation, application and development of the Schengen acquis, which fall within the area referred to in Article 1(H) of Decision 1999/437/EC read in conjunction with Article 4(1) of Decision 2004/860/EC (3) on the signing on behalf of the European Community and on the provisional application of certain provisions of that Agreement, and with Article 4(1) of Decision 2004/849/EC (4) on the signing on behalf of the European Union, and on the provisional application of certain provisions of that Agreement, HAS ADOPTED THIS FRAMEWORK DECISION: TITLE I SCOPE AND DEFINITIONS Article 1 Objective and scope 1. The purpose of this Framework Decision is to establish the rules under which Member States' law enforcement authorities may exchange existing information and intelligence effectively and expeditiously for the purpose of conducting criminal investigations or criminal intelligence operations. 2. This Framework Decision shall be without prejudice to bilateral or multilateral agreements or arrangements between Member States and third countries and to instruments of the European Union on mutual legal assistance or mutual recognition of decisions regarding criminal matters, including any conditions set by third countries concerning the use of information once supplied. 3. This Framework Decision covers all information and/or intelligence as defined in Article 2(d). It does not impose any obligation on the part of the Member States to gather and store information and intelligence for the purpose of providing it to the competent law enforcement authorities of other Member States. 4. This Framework Decision does not impose any obligation on the part of the Member States to provide information and intelligence to be used as evidence before a judicial authority nor does it give any right to use such information or intelligence for that purpose. Where a Member State has obtained information or intelligence in accordance with this Framework Decision, and wishes to use it as evidence before a judicial authority, it has to obtain consent of the Member State that provided the information or intelligence, where necessary under the national law of the Member State that provided the information or intelligence, through the use of instruments regarding judicial cooperation in force between the Member States. Such consent is not required where the requested Member State has already given its consent for the use of information or intelligence as evidence at the time of transmittal of the information or intelligence. 5. This Framework Decision does not impose any obligation to obtain any information or intelligence by means of coercive measures, defined in accordance with national law, in the Member State receiving the request for information or intelligence. 6. Member States shall, where permitted by and in accordance with their national law, provide information or intelligence previously obtained by means of coercive measures. 7. This Framework Decision shall not have the effect of modifying the obligation to respect fundamental rights and fundamental legal principles as enshrined in Article 6 of the Treaty on European Union and any obligations incumbent on law enforcement authorities in this respect shall remain unaffected. Article 2 Definitions For the purposes of this Framework Decision: (a) ‘competent law enforcement authority’: a national police, customs or other authority that is authorised by national law to detect, prevent and investigate offences or criminal activities and to exercise authority and take coercive measures in the context of such activities. Agencies or units dealing especially with national security issues are not covered by the concept of competent law enforcement authority. Every Member State shall, by 18 December 2007, state in a declaration deposited with the General Secretariat of the Council which authorities are covered by the concept of ‘competent law enforcement authority’. Such a declaration may be modified at any time. (b) ‘criminal investigation’: a procedural stage within which measures are taken by competent law enforcement or judicial authorities, including public prosecutors, with a view to establishing and identifying facts, suspects and circumstances regarding one or several identified concrete criminal acts; (c) ‘criminal intelligence operation’: a procedural stage, not yet having reached the stage of a criminal investigation, within which a competent law enforcement authority is entitled by national law to collect, process and analyse information about crime or criminal activities with a view to establishing whether concrete criminal acts have been committed or may be committed in the future; (d) ‘information and/or intelligence’: (i) any type of information or data which is held by law enforcement authorities; and (ii) any type of information or data which is held by public authorities or by private entities and which is available to law enforcement authorities without the taking of coercive measures, in accordance with Article 1(5). (e) ‘offences referred to in Article 2(2) of the Framework Decision 2002/584/JHA on the European arrest warrant (5)’ (hereinafter referred to as ‘offences referred to in Article 2(2) of the Framework Decision 2002/584/JHA’): offences under national law which correspond to or are equivalent to those referred to in that provision. TITLE II EXCHANGE OF INFORMATION AND INTELLIGENCE Article 3 Provision of information and intelligence 1. Member States shall ensure that information and intelligence can be provided to the competent law enforcement authorities of other Member States in accordance with this Framework Decision. 2. Information and intelligence shall be provided at the request of a competent law enforcement authority, acting in accordance with the powers conferred upon it by national law, conducting a criminal investigation or a criminal intelligence operation. 3. Member States shall ensure that conditions not stricter than those applicable at national level for providing and requesting information and intelligence are applied for providing information and intelligence to competent law enforcement authorities of other Member States. In particular, a Member State shall not subject the exchange, by its competent law enforcement authority with a competent law enforcement authority of another Member State, of information or intelligence which in an internal procedure may be accessed by the requested competent law enforcement authority without a judicial agreement or authorisation, to such an agreement or authorisation. 4. Where the information or intelligence sought may, under the national law of the requested Member State, be accessed by the requested competent law enforcement authority only pursuant to an agreement or authorisation of a judicial authority, the requested competent law enforcement authority shall be obliged to ask the competent judicial authority for an agreement or authorisation to access and exchange the information sought. The competent judicial authority of the requested Member State shall apply the same rules for its decision, without prejudice to Article 10(1) and (2), as in a purely internal case. 5. Where the information or intelligence sought has been obtained from another Member State or from a third country and is subject to the rule of speciality, its transmission to the competent law enforcement authority of another Member State may only take place with the consent of the Member State or third country that provided the information or intelligence. Article 4 Time limits for provision of information and intelligence 1. Member States shall ensure that they have procedures in place so that they can respond within at most eight hours to urgent requests for information and intelligence regarding offences referred to in Article 2(2) of Framework Decision 2002/584/JHA, when the requested information or intelligence is held in a database directly accessible by a law enforcement authority. 2. If the requested competent law enforcement authority is unable to respond within eight hours, it shall provide reasons for that on the form set out in Annex A. Where the provision of the information or intelligence requested within the period of eight hours would put a disproportionate burden on the requested law enforcement authority, it may postpone the provision of the information or intelligence. In that case the requested law enforcement authority shall immediately inform the requesting law enforcement authority of this postponement and shall provide the requested information or intelligence as soon as possible, but not later than within three days. The use made of the provisions under this paragraph shall be reviewed by 19 December 2009. 3. Member States shall ensure that for non-urgent cases, requests for information and intelligence regarding offences referred to in Article 2(2) of Framework Decision 2002/584/JHA should be responded to within one week if the requested information or intelligence is held in a database directly accessible by a law enforcement authority. If the requested competent law enforcement authority is unable to respond within one week, it shall provide reasons for that on the form set out in Annex A. 4. In all other cases, Member States shall ensure that the information sought is communicated to the requesting competent law enforcement authority within 14 days. If the requested competent law enforcement authority is unable to respond within 14 days, it shall provide reasons for that on the form set out in Annex A. Article 5 Requests for information and intelligence 1. Information and intelligence may be requested for the purpose of detection, prevention or investigation of an offence where there are factual reasons to believe that relevant information and intelligence is available in another Member State. The request shall set out those factual reasons and explain the purpose for which the information and intelligence is sought and the connection between the purpose and the person who is the subject of the information and intelligence. 2. The requesting competent law enforcement authority shall refrain from requesting more information or intelligence or setting narrower time frames than necessary for the purpose of the request. 3. Requests for information or intelligence shall contain at least the information set out in Annex B. Article 6 Communication channels and language 1. Exchange of information and intelligence under this Framework Decision may take place via any existing channels for international law enforcement cooperation. The language used for the request and the exchange of information shall be the one applicable for the channel used. Member States shall, when making their declarations in accordance with Article 2(a), also provide the General Secretariat of the Council with details of the contacts to which requests may be sent in cases of urgency. These details may be modified at any time. The General Secretariat of the Council shall communicate to the Member States and the Commission the declarations received. 2. Information or intelligence shall also be exchanged with Europol in accordance with the Convention based on Article K.3 of the Treaty on European Union, on the establishment of a European Police Office (Europol Convention) (6) and with Eurojust in accordance with the Council Decision 2002/187/JHA of 28 February 2002 setting up Eurojust with a view to reinforcing the fight against serious crime (7), insofar as the exchange refers to an offence or criminal activity within their mandate. Article 7 Spontaneous exchange of information and intelligence 1. Without prejudice to Article 10, the competent law enforcement authorities shall, without any prior request being necessary, provide to the competent law enforcement authorities of other Member States concerned information and intelligence in cases where there are factual reasons to believe that the information and intelligence could assist in the detection, prevention or investigation of offences referred to in Article 2(2) of Framework Decision 2002/584/JHA. The modalities of such spontaneous exchange shall be regulated by the national law of the Member States providing the information. 2. The provision of information and intelligence shall be limited to what is deemed relevant and necessary for the successful detection, prevention or investigation of the crime or criminal activity in question. Article 8 Data protection 1. Each Member State shall ensure that the established rules on data protection provided for when using the communication channels referred to in Article 6(1) are applied also within the procedure on exchange of information and intelligence provided for by this Framework Decision. 2. The use of information and intelligence which has been exchanged directly or bilaterally under this Framework Decision shall be subject to the national data protection provisions of the receiving Member State, where the information and intelligence shall be subject to the same data protection rules as if they had been gathered in the receiving Member State. The personal data processed in the context of the implementation of this Framework Decision shall be protected in accordance with the Council of Europe Convention of 28 January 1981 for the Protection of Individuals with regard to Automatic Processing of Personal Data, and, for those Member States which have ratified it, the Additional Protocol of 8 November 2001 to that Convention, regarding Supervisory Authorities and Transborder Data Flows. The principles of Recommendation No. R(87) 15 of the Council of Europe Regulating the Use of Personal Data in the Police Sector should also be taken into account when law enforcement authorities handle personal data obtained under this Framework Decision. 3. Information and intelligence provided under this Framework Decision may be used by the competent law enforcement authorities of the Member State to which it has been provided solely for the purposes for which it has been supplied in accordance with this Framework Decision or for preventing an immediate and serious threat to public security; processing for other purposes shall be permitted solely with the prior authorisation of the communicating Member State and subject to the national law of the receiving Member State. The authorisation may be granted insofar as the national law of the communicating Member State permits. 4. When providing information and intelligence in accordance with this Framework Decision, the providing competent law enforcement authority may pursuant to its national law impose conditions on the use of the information and intelligence by the receiving competent law enforcement authority. Conditions may also be imposed on reporting the result of the criminal investigation or criminal intelligence operation within which the exchange of information and intelligence has taken place. The receiving competent law enforcement authority shall be bound by such conditions, except in the specific case where national law lays down that the restrictions on use be waived for judicial authorities, legislative bodies or any other independent body set up under the law and made responsible for supervising the competent law enforcement authorities. In such cases, the information and intelligence may only be used after prior consultation with the communicating Member State whose interests and opinions must be taken into account as far as possible. The receiving Member State may, in specific cases, be requested by the communicating Member State to give information about the use and further processing of the transmitted information and intelligence. Article 9 Confidentiality The competent law enforcement authorities shall take due account, in each specific case of exchange of information or intelligence, of the requirements of investigation secrecy. To that end the competent law enforcement authorities shall, in accordance with their national law, guarantee the confidentiality of all provided information and intelligence determined as confidential. Article 10 Reasons to withhold information or intelligence 1. Without prejudice to Article 3(3), a competent law enforcement authority may refuse to provide information or intelligence only if there are factual reasons to assume that the provision of the information or intelligence would: (a) harm essential national security interests of the requested Member State; or (b) jeopardise the success of a current investigation or a criminal intelligence operation or the safety of individuals; or (c) clearly be disproportionate or irrelevant with regard to the purposes for which it has been requested. 2. Where the request pertains to an offence punishable by a term of imprisonment of one year or less under the law of the requested Member State, the competent law enforcement authority may refuse to provide the requested information or intelligence. 3. The competent law enforcement authority shall refuse to provide information or intelligence if the competent judicial authority has not authorised the access and exchange of the information requested pursuant to Article 3(4). TITLE III FINAL PROVISIONS Article 11 Implementation 1. Member States shall take the necessary measures to comply with the provisions of this Framework Decision before 19 December 2006. 2. Member States shall transmit to the General Secretariat of the Council and to the Commission the text of the provisions transposing into their national laws the obligations imposed on them under this Framework Decision. On the basis of this and other information provided by the Member States on request, the Commission shall, before 19 December 2006, submit a report to the Council on the operation of this Framework Decision. The Council shall before 19 December 2006 assess the extent to which Member States have complied with the provisions of this Framework Decision. Article 12 Relation to other instruments 1. The provisions of Article 39(1), (2) and (3) and of Article 46 of the Convention Implementing the Schengen Agreement (8), in as far as they relate to exchange of information and intelligence for the purpose of conducting criminal investigations or criminal intelligence operations as provided for by this Framework Decision, shall be replaced by the provisions of this Framework Decision. 2. The Decision of the Schengen Executive Committee of 16 December 1998 on cross-border police cooperation in the area of crime prevention and detection (SCH/Com-ex (98) 51 rev 3) (9) and the Decision of the Schengen Executive Committee of 28 April 1999 on the improvement of police cooperation in preventing and detecting criminal offences (SCH/Com-ex (99) 18) (10) are hereby repealed. 3. Member States may continue to apply bilateral or multilateral agreements or arrangements in force when this Framework Decision is adopted in so far as such agreements or arrangements allow the objectives of this Framework Decision to be extended and help to simplify or facilitate further the procedures for exchanging information and intelligence falling within the scope of this Framework Decision. 4. Member States may conclude or bring into force bilateral or multilateral agreements or arrangements after this Framework Decision has come into force in so far as such agreements or arrangements allow the objectives of this Framework Decision to be extended and help to simplify or facilitate further the procedures for exchanging information and intelligence falling within the scope of this Framework Decision. 5. The agreements and arrangements referred to in paragraphs 3 and 4 may in no case affect relations with Member States which are not parties to them. 6. Member States shall no later than 19 December 2006, notify the Council and the Commission of the existing agreements and arrangements referred to in paragraph 3 which they wish to continue applying. 7. Member States shall also notify the Council and the Commission of any new agreement or arrangement as referred to in paragraph 4, within three months of their signature or, for those instruments which had already been signed before the adoption of this Framework Decision, their entry into force. Article 13 Entry into force This Framework Decision shall enter into force on the day following its publication in the Official Journal of the European Union. Done at Brussels, 18 December 2006. For the Council The President J.-E. ENESTAM (1) OJ C 24, 23.1.1998, p. 2. (2) OJ L 176, 10.7.1999, p. 31. (3) OJ L 370, 17.12.2004, p. 78. (4) OJ L 368, 15.12.2004, p. 26. (5) OJ L 190, 18.7.2002, p. 1. (6) OJ C 316, 27.11.1995, p. 2. Convention as last amended by the Protocol drawn up on the basis of Article 43(1) of the Europol Convention (OJ C 2, 6.1.2004, p. 3). (7) OJ L 63, 6.3.2002, p. 1. Decision as last amended by Decision 2003/659/JHA (OJ L 245, 29.9.2003, p. 44). (8) OJ L 239, 22.9.2000, p. 19. Convention as last amended by Regulation (EC) No 1160/2005 of the European Parliament and of the Council (OJ L 191, 22.7.2005, p. 18). (9) OJ L 239, 22.9.2000, p. 407. (10) OJ L 239, 22.9.2000, p. 421. ANNEX A INFORMATION EXCHANGE UNDER COUNCIL FRAMEWORK DECISION 2006/960/JHA FORM TO BE USED BY THE REQUESTED MEMBER STATE IN CASE OF TRANSMISSION/DELAY/REFUSAL OF INFORMATION This form shall be used to transmit the requested information and/or intelligence, to inform the requesting authority of the impossibility of meeting the normal deadline, of the necessity of submitting the request to a judicial authority for an authorisation, or of the refusal to transmit the information. This form may be used more than once during the procedure (e.g. if the request has first to be submitted to a judicial authority and it later transpires that the execution of the request has to be refused). Text of image Requested authority (name, address, telephone, fax, e-mail, Member State) Details of the handling agent (optional): Reference number of this answer Date and reference number of previous answer Answering to the following requesting authority Date and time of the request Reference number of the request Normal time limit under Article 4 of Framework Decision 2006/960/JHA The offence falls under Article 2(2) of Framework Decision 2002/584/JHA and the requested information or intelligence is held in a database directly accessible by a law enforcement authority in the requested Member State Urgency requested  8 hours Urgency not requested  1 week Other cases  14 days Information transmitted under Framework Decision 2006/960/JHA: information and intelligence provided 1. Use of transmitted information or intelligence  may be used solely for the purposes for which it has been supplied or for preventing an immediate and serious threat to public security;  is authorised also for other purposes, subject to the following conditions (optional): 2. Reliability of the source  Reliable  Mostly reliable  Not reliable  Cannot be assessed 3. Accuracy of the information or intelligence  Certain  Established by the source  Hearsay-confirmed  Hearsay- not confirmed Text of image 4. The result of the criminal investigation or criminal intelligence operation within which the exchange of information has taken place has to be reported to the transmitting authority  No  Yes 5. In case of spontaneous exchange, reasons for believing that the information or intelligence could assist in the detection, prevention or investigation of offences referred to in Article 2(2) of Framework Decision 2002/584/JHA: DELAY – It is not possible to respond within the applicable time limit under Article 4 of Framework Decision 2006/960/JHA The information or intelligence cannot be provided within the given time-limit for the following reasons: It is likely to be given within:  1 day  2 days  3 days  … weeks  1 month  The authorisation of a judicial authority has been requested. The procedure leading up to the granting/refusal of the authorisation is expected to last … weeks REFUSAL — The information or intelligence:  could not be provided and requested at national level; or  cannot be provided, for one or more of the following reasons: A — Reason related to judicial control which prevents the transmission or requires the use of mutual legal assistance  the competent judicial authority has not authorised the access and exchange of the information or intelligence  the requested information or intelligence has previously been obtained by means of coercive measures and its provision is not permitted under the national law  the information or intelligence is not held by law enforcement authorities; or by public authorities or by private entities in a way which makes it available to law enforcement authorities without the taking of coercive measures  B — The provision of the requested information or intelligence would harm essential national security interests or would jeopardise the success of a current investigation or a criminal intelligence operation or the safety of individuals or would clearly be disproportionate or irrelevant with regard to the purposes for which it has been requested. If case A or B is used, provide, if deemed necessary, additional information or reasons for refusal (optional):  D — The requested authority decides to refuse execution because the request pertains, under the law of the requested Member State, to the following offence (nature of the offence and its legal qualification to be specified) … which is punishable by one year or less of imprisonment  E — The requested information or intelligence is not available  F — The requested information or intelligence has been obtained from another Member State or from a third country and is subject to the rule of speciality and that Member State or third country has not given its consent to the transmission of the information or intelligence. ANNEX B INFORMATION EXCHANGE UNDER COUNCIL FRAMEWORK DECISION 2006/960/JHA REQUEST FORM FOR INFORMATION AND INTELLIGENCE TO BE USED BY THE REQUESTING MEMBER STATE This form shall be used when requesting information and intelligence under Framework Decision 2006/960/JHA Text of image I — Administrative information Requesting authority (name, address, telephone, fax, e-mail, Member State): Details of the handling agent (optional): To the following Member State: Date and time of this request: Reference number of this request: Previous requests  This is the first request on this case  This request follows previous requests in the same case Previous request(s) Answer(s) Date Reference number (in the requesting Member State) Date Reference number (in the requested Member State) 1. 2. 3. 4. If the request is sent to more than one authority in the requested Member State, please specify each of the channels used:  ENU/Europol Liaison Officer  For information  For execution  Interpol NCB  For information  For execution  Sirene  For information  For execution  Liaison Officer  For information  For execution  Other (please specify):  For information  For execution If the same request is sent to other Member States, please specify the other Member States and the channel used (optional) Text of image II — Time limits Reminder: time limits under Article 4 of Framework Decision 2006/960/JHA A — The offence falls under Article 2(2) of Framework Decision 2002/584/JHA and the requested information or intelligence is held in a database directly accessible by a law enforcement authority The request is urgent Time limit: 8 hours with possibility to postpone The request is not urgent Time limit: 1 week B — Other cases: time limit: 14 days  Urgency IS requested  Urgency is NOT requested Grounds for urgency (e.g.: suspects are being held in custody, the case has to go to court before a specific date): Information or intelligence requested Type of crime(s) or criminal activity(ies) being investigated Description of the circumstances in which the offence(s) was (were) committed, including the time, place and degree of participation in the offence(s) by the person who is the subject of the request for information or intelligence: Text of image Nature of the offence(s) A — Application of Article 4(1) or 4(3) of the Framework Decision 2006/960/JHA  A.1. The offence is punishable by a maximum term of imprisonment of at least three years in the requesting Member State AND A.2. The offence is one (or more) of the following:  Participation in a criminal organisation  Terrorism  Trafficking in human beings  Sexual exploitation of children and child pornography  Illicit trafficking in narcotic drugs and psychotropic substances  Illicit trafficking in weapons, munitions and explosives  Corruption  Fraud, including that affecting the financial interests of the European Communities within the meaning of the Convention of 26 July 1995 on the protection of the European Communities' financial interests  Organised or armed robbery  Illicit trafficking in cultural goods, including antiques and works of art  Swindling  Racketeering and extortion  Counterfeiting and piracy of products  Forgery of administrative documents and trafficking therein  Forgery of means of payment  Illicit trafficking in hormonal substances and other growth promoters  Laundering of the proceeds of crime  Counterfeiting of currency, including the euro  Computer-related crime  Environmental crime, including illicit trafficking in endangered animal species and in endangered plant species and varieties  Facilitation of unauthorised entry and residence  Murder, grievous bodily injury  Illicit trade in human organs and tissue  Kidnapping, illegal restraint and hostage-taking  Racism and xenophobia  Illicit trafficking in nuclear or radioactive materials  Trafficking in stolen vehicles  Rape  Arson  Crimes within the jurisdiction of the International Criminal Court  Unlawful seizure of aircraft/ships  Sabotage The offence therefore falls under Article 2(2) of Framework Decision 2002/584/JHA Article 4(1) (urgent cases) and 4(3) (non urgent cases) of Framework Decision 2006/960/JHA are therefore applicable as regards time limits for responding to this request Or  B — The offence(s) is(are) not covered under A. In this case, description of the offence(s): Purpose for which the information or intelligence is requested Connection between the purpose for which the information or intelligence is requested and the person who is the subject of the information or intelligence Identity(ies) (as far as known) of the person(s) being the main subject(s) of the criminal investigation or criminal intelligence operation underlying the request for information or intelligence Reasons for believing that the information or intelligence is in the requested Member State Restrictions on the use of information contained in this request for purposes other than those for which it has been supplied or for preventing an immediate and serious threat to public security  use granted  use granted, but do not mention the information provider  do not use without authorisation of the information provider  do not use

Summary: Simplifying the exchange of information between EU countries' police and customs Simplifying the exchange of information between EU countries' police and customs SUMMARY OF: Council Framework Decision 2006/960/JHA — exchange of information and intelligence between EU countries’ law enforcement authorities WHAT IS THE AIM OF THIS FRAMEWORK DECISION? It enables law enforcement authorities* of EU countries to share information and intelligence effectively when conducting criminal investigations or criminal intelligence operations. KEY POINTS Conditions for the sharing of information EU countries are not allowed to apply stricter rules for information disclosure at international level than would normally apply internally, for example, by requiring judicial agreement. EU countries should normally respond within 7 days to requests concerning offences eligible for a European arrest warrant* and where the information is accessible to the law enforcement agency. A response should be made within 8 hours where the request is urgent. In other cases, countries should respond within 14 days. If the time limits cannot be met, the EU country receiving the request is required to provide reasons for not being able to comply. Information can also be provided spontaneously. In this case, only information necessary to detect, prevent and investigate the crime or criminal activity should be given. Information may be exchanged via any existing channel and must be shared with Europol or Eurojust if it falls within their scope, and under normal data protection rules. Limits to information sharing Law enforcement authorities are not obliged to gather information in response to a request, or to obtain information through coercion. In addition: Information cannot be used as evidence before the judicial authority without the consent of the country that provided it (this could be already indicated in the reply). Information that has been obtained from a non-EU country can only be shared with the consent of that country. A law enforcement authority may refuse to provide information if there is reason to think it would harm national security, an investigation, an operation, the safety of individuals, or is clearly disproportionate or irrelevant. A law enforcement authority can also refuse to provide information where the request relates to an offence carrying a prison term of 1 year or less, or where a judicial authority is opposed. FROM WHEN DOES THE FRAMEWORK DECISION APPLY? The Framework Decision has applied since 30 December 2006. EU countries had to incorporate it into national law by 19 December 2008. BACKGROUND This Framework Decision replaces parts of the Schengen Agreement relating to the transmission of information (Article 39) and the spontaneous provision of information (Article 46). On 1 December 2014, the United Kingdom (1) notified the European Commission that it wished to participate in the Decision. This was confirmed by Commission Decision 2014/858/EU. For more information, see: ‘Police Cooperation’ on the European Commission's website * KEY TERMS Law enforcement authority: national police, customs or other authority that is authorised to detect, prevent and investigate offences and to exercise authority and coercive force. European arrest warrant: defined in Council Framework Decision 2002/584/JHA. MAIN DOCUMENT Council Framework Decision 2006/960/JHA of 18 December 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union (OJ L 386, 29.12.2006, pp. 89-100) Successive amendments to Framework Decision 2006/960/JHA have been incorporated in the original text. This consolidated version is of documentary value only. RELATED DOCUMENTS Commission Decision 2014/858/EU of 1 December 2014 on the notification by the United Kingdom of Great Britain and Northern Ireland of its wish to participate in acts of the Union in the field of police cooperation and judicial cooperation in criminal matters adopted before the entry into force of the Treaty of Lisbon and which are not part of the Schengen acquis (OJ L 345, 1.12.2014, pp. 6-9). last update 07.09.2016(1) The United Kingdom withdraws from the European Union and becomes a third country (non-EU country) as of 1 February 2020.


26.10.2006 EN Official Journal of the European Union L 297/1 COUNCIL DECISION of 5 October 2006 on the accession of the Community to the Hague Conference on Private International Law (2006/719/EC) THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 61(c), in conjunction with the first subparagraph of Article 300(2) and the second subparagraph of Article 300(3) thereof, Having regard to the proposal from the Commission, Having regard to the assent of the European Parliament (1), Whereas: (1) The objective of the Hague Conference on Private International Law (HCCH) is to work for the progressive unification of the rules of private international law. The HCCH has to date adopted a substantial number of conventions in different fields of private international law. (2) Since the entry into force of the Treaty of Amsterdam, the Community has competence to adopt measures in the field of judicial cooperation in civil matters having cross-border implications insofar as necessary for the proper functioning of the internal market. The Community has exerted this competence by adopting a number of instruments, many of which coincide, partially or fully, with the areas of work of the HCCH. (3) It is essential that the Community be granted a status that corresponds to its new role as a major international player in the field of civil judicial cooperation and that it be able to exercise its external competence by participating as a full member in the negotiations of conventions by the HCCH in areas of its competence. (4) By decision of 28 November 2002, the Council authorised the Commission to negotiate the conditions and modalities of Community accession to the HCCH. (5) By a joint letter from the Commission and the Presidency to the HCCH of 19 December 2002, the Community applied to become a member of the HCCH, and requested the opening of negotiations. (6) In April 2004, a Special Commission on General Affairs and Policy of the HCCH expressed the unanimous view that, as a matter of principle, the Community should become a Member of the HCCH and determined certain criteria and procedures for the modalities of its membership. (7) In June 2005, the Diplomatic Conference of the HCCH adopted by consensus the amendments to the Statute of the HCCH (Statute) necessary to allow the accession of a Regional Economic Integration Organisation and the Members of the HCCH were subsequently invited to cast their votes on the amendments, if possible within a period of nine months. (8) The amendments to the Statute will enter into force three months after the Secretary General of the HCCH has informed the Members that the required two-thirds majority for amending the Statute has been reached. Shortly after the entry into force, an extraordinary meeting of the Council on General Affairs and Policy will formally decide upon the Community's accession to the HCCH. (9) The outcome of the negotiations on the revision of the Statute is satisfactory, taking into account the interests of the Community. (10) Article 2A of the revised Statute entitles the Community, as a Regional Economic Integration Organisation, to become a Member of the HCCH. (11) The Community should accede to the HCCH. (12) In accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland annexed to the Treaty on the European Union and the Treaty establishing the European Community, the United Kingdom and Ireland are taking part in the adoption of this Decision. (13) In accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on the European Union and the Treaty establishing the European Community, Denmark does not take part in the adoption of this Decision and is not bound by it or subject to its application, HAS DECIDED AS FOLLOWS: Sole Article 1. The Community shall accede to the Hague Conference on Private International Law (HCCH) by means of the declaration of acceptance of the Statute of the HCCH (Statute), as set out in Annex I to this Decision, as soon as the HCCH has taken the formal decision to admit the Community as a Member. 2. The Community shall also deposit a declaration of competence specifying the matters in respect of which competence has been transferred to it by its Member States, as set out in Annex II to this Decision, and a declaration on certain matters concerning the HCCH, as set out in Annex III to this Decision. 3. The President of the Council is hereby authorised to carry out such procedures as may be necessary to give effect to paragraphs 1 and 2. 4. The text of the Statute is attached to this Decision as Annex IV. 5. For the purpose of this Decision the term ‘Member State’ shall mean Member States with the exception of Denmark. Done at Luxembourg, 5 October 2006. For the Council The President K. RAJAMÄKI (1) Not yet published on the Official Journal. ANNEX I Instrument of accession to the Hague Conference on Private International Law Mr J.H.A. VAN LOON Secretary-General Hague Conference on Private International Law Scheveningseweg 6 2517 THE HAGUE Netherlands Dear Sir, I have the honour to inform you that the European Community has decided to accede to the Hague Conference on Private International Law. I therefore ask you to accept this instrument, by which the European Community accepts the Statute of the Hague Conference on Private International Law in accordance with Article 2A thereof. I enclose a declaration by the European Community specifying the matters in respect of which competence has been transferred to it by its Member States and a declaration on certain matters concerning the Hague Conference on Private International Law. The European Community formally and without reservation accepts the obligations arising from its membership of the Hague Conference on Private International Law, as set out in the Statute, and formally undertakes to fulfil the obligations upon it at the time of its accession. I have the honour to be, Sir, yours faithfully, President of the Council of the European Union ANNEX II Declaration of competence of the European Community specifying the matters in respect of which competence has been transferred to it by its Member States 1. This Declaration is given pursuant to Article 2A(3) of the Statute of the Hague Conference on Private International Law and specifies the matters in respect of which competence has been transferred to the European Community by its Member States. 2. The European Community has internal competence to adopt general and specific measures relating to private international law in various fields in its Member States. In respect of matters within the purview of the HCCH, the European Community notably has competence under Title IV of the EC Treaty to adopt measures in the field of judicial cooperation in civil matters having cross-border implications insofar as necessary for the proper functioning of the internal market (Articles 61(c) and 65 EC Treaty). Such measures include: (a) improving and simplifying the system for cross-border service of judicial and extrajudicial documents; cooperation in the taking of evidence; the recognition and enforcement of decisions in civil and commercial cases, including decisions in extrajudicial cases; (b) promoting the compatibility of the rules applicable in the Member States concerning the conflict of laws and of jurisdiction; (c) eliminating obstacles to the good functioning of civil proceedings, if necessary by promoting the compatibility of the rules on civil procedure applicable in the Member States. 3. In areas which do not fall within its exclusive competence, the European Community shall take action, in accordance with the principle of subsidiarity, only if and insofar as the objectives of the proposed action cannot be sufficiently achieved by Member States and can therefore, by reason of the scale or effects of the proposed action, be better achieved by the European Community. Any action by the European Community shall not go beyond what is necessary to achieve the objectives. 4. Furthermore, the European Community has competence in other fields which can be subject to conventions of the HCCH, as in the field of the internal market (Article 95 EC Treaty) or consumer protection (Article 153 EC Treaty). 5. The European Community has made use of its competence by adopting a number of instruments under Article 61(c) of the EC Treaty, such as: — Council Regulation (EC) No 1346/2000 of 29 May 2000 on insolvency proceedings, — Council Regulation (EC) No 1348/2000 of 29 May 2000 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters, — Council Regulation (EC) No 44/2001 of 22 December 2000 on jurisdiction, recognition and enforcement in civil and commercial matters, — Council Regulation (EC) No 1206/2001 of 28 May 2001 on cooperation between the courts of the Member States in the taking of evidence in civil or commercial matters, — Council Directive 2003/8/EC of 27 January 2003 to improve access to justice in cross-border disputes by establishing minimum common rules relating to legal aid for such disputes, — Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgements in matrimonial matters and the matters of parental responsibility, repealing Regulation (EC) No 1347/2000, and — Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims. Provisions on private international law can also be found in other Community legislation, notably in the area of consumer protection, insurance, financial services and intellectual property. Thus, the Community Directives affected by the Hague Convention on the Law Applicable to Certain Rights of Securities held with an Intermediary were adopted on the basis of Article 95 of the EC Treaty. 6. Even if there is no explicit reference to external competence in the EC Treaty, it results from the jurisprudence of the Court of Justice of the European Communities that the provisions of the EC Treaty referred to above constitute legal bases not only for internal acts of the Community, but also for the conclusion of international agreements by the Community. The Community may conclude international agreements whenever the internal competence has already been used in order to adopt measures for implementing common policies, as listed above, or if international agreement is necessary to obtain one of the European Community's objectives (1). The Community's external competence is exclusive to the extent to which an international agreement affects internal Community rules or alters their scope (2). Where this is the case, it is not for the Member States but for the Community to enter into external undertakings with third States or International Organisations. An international agreement can fall entirely or only to some extent within exclusive Community competence. 7. Community instruments are normally binding for all Member States. Concerning Title IV of the EC Treaty which comprises the legal basis for judicial cooperation in civil matters, a special regime applies to Denmark, Ireland and the United Kingdom. Measures taken under Title IV of the EC Treaty are not binding upon or applicable in Denmark. Ireland and the United Kingdom take part in legal instruments adopted under Title IV of the EC Treaty if they notify the Council to that effect. Ireland and the United Kingdom have decided to opt in on all measures listed at point 5 above. 8. The extent of competence which the Member States have transferred to the European Community pursuant to the EC Treaty is, by its nature, liable to continuous development. The European Community and its Member States will ensure that any change in the Community's competences will be promptly notified to the Secretary-General of the HCCH as stipulated in Article 2A(4) of the Statute. (1) Opinion 1/76 of the Court of Justice, ECR 1977, p. 741; Opinion 2/91, ECR 1993, p. I-1061; Case 22/70 (AETR); Commission v Council, ECR 1971, p. 263; Case-C-467/98 (open skies), Commission v Denmark, ECR 2002, p. I-9519. (2) Case 22/70 (‘AETR’), Commission v Council, Case-C-467/98 (‘open skie’), Commission v. Denmark. ANNEX III Declaration by the Community on certain matters concerning the Hague Conference on Private International law The European Community endeavours to examine whether it is in its interest to join existing Hague Conventions in respect of which there is Community competence. Where this interest exists, the European Community, in cooperation with the HCCH, will make every effort to overcome the difficulties resulting from the absence of a clause providing for the accession of a Regional Economic Integration Organisation to those Conventions. The European Community further endeavours to make it possible for representatives of the Permanent Bureau of the HCCH to take part in meetings of experts organised by the Commission of the European Communities where matters of interest to the HCCH are being discussed. ANNEX IV STATUTE OF THE HAGUE CONFERENCE ON PRIVATE INTERNATIONAL LAW The Governments of the countries hereinafter specified: the Federal Republic of Germany, Austria, Belgium, Denmark, Spain, Finland, France, Italy, Japan, Luxembourg, Norway, the Netherlands, Portugal, the United Kingdom of Great Britain and Northern Ireland, Sweden and Switzerland; In view of the permanent character of the Hague Conference on Private International Law; Desiring to stress that character; Having, to that end, deemed it desirable to provide the Conference with a Statute; Have agreed upon the following provisions: Article 1 The purpose of the Hague Conference is to work for the progressive unification of the rules of private international law. Article 2 Members of the Hague Conference on Private International Law are the States which have already participated in one or more Sessions of the Conference and which accept the present Statute. Any other State, the participation of which is from a juridical point of view of importance for the work of the Conference, may become a Member. The admission of new Member States shall be decided upon by the Governments of the participating States, upon the proposal of one or more of them, by a majority of the votes cast, within a period of six months from the date on which that proposal is submitted to the Governments. The admission shall become effective upon the acceptance of the present Statute by the State concerned. Article 2A 1. The Member States may, at a meeting concerning General Affairs and Policy where the majority of Member States is present, by a majority of the votes cast, decide to admit also as a Member any Regional Economic Integration Organisation which has submitted an application for membership to the Secretary General. References to Members under this Statute shall include such Member Organisations, except as otherwise expressly provided. The admission shall become effective upon the acceptance of the Statute by the Regional Economic Integration Organisation concerned. 2. To be eligible to apply for membership of the Conference, a Regional Economic Integration Organisation must be one constituted solely by sovereign States to which its Member States have transferred competence over a range of matters within the purview of the Conference, including the authority to make decisions binding on its Member States in respect of those matters. 3. Each Regional Economic Integration Organisation applying for membership shall, at the time of such application, submit a declaration of competence specifying the matters in respect of which competence has been transferred to it by its Member States. 4. Each Member Organisation and its Member States shall ensure that any change regarding the competence of the Member Organisation or in its membership shall be notified to the Secretary General, who shall circulate such information to the other Members of the Conference. 5. Member States of the Member Organisation shall be presumed to retain competence over all matters in respect of which transfers of competence have not been specifically declared or notified. 6. Any Member of the Conference may request the Member Organisation and its Member States to provide information as to whether the Member Organisation has competence in respect of any specific question which is before the Conference. The Member Organisation and its Member States shall ensure that this information is provided on such request. 7. The Member Organisation shall exercise membership rights on an alternative basis with its Member States that are Members of the Conference, in the areas of their respective competences. 8. The Member Organisation may exercise on matters within its competence, in any meetings of the Conference in which it is entitled to participate, a number of votes equal to the number of its Member States which have transferred competence to the Member Organisation in respect of the matter in question, and which are entitled to vote in and have registered for such meetings. Whenever the Member Organisation exercises its right to vote its Member States shall not exercise theirs, and conversely. 9. ‘Regional Economic Integration Organisation’ means an international organisation that is constituted solely by sovereign States, and to which its Member States have transferred competence over a range of matters, including the authority to make decisions binding on its Member States in respect of those matters. Article 3 1. The Council on General Affairs and Policy (hereafter the Council), composed of all Members, has charge of the operation of the Conference. Meetings of the Council shall, in principle, be held annually. 2. The Council ensures such operation through a Permanent Bureau the activities of which it directs. 3. The Council shall examine all proposals intended to be placed on the agenda of the Conference. It shall be free to determine the action to be taken on such proposals. 4. The Netherlands Standing Government Committee, instituted by Royal Decree of February 20 1897 with a view to promoting the codification of private international law, shall, after consultation with the Members of the Conference, determine the date of the Diplomatic Sessions. 5. The Standing Government Committee shall address itself to the Government of the Netherlands for the convocation of the Members. The Chair of the Standing Government Committee presides over the Sessions of the Conference. 6. The Ordinary Sessions of the Conference shall, in principle, be held every four years. 7. If necessary, the Council may, after consultation with the Standing Government Committee, request the Government of the Netherlands to convene the Conference in Extraordinary Session. 8. The Council may consult the Standing Government Committee on any other matter relevant to the Conference. Article 4 1. The Permanent Bureau shall have its seat at The Hague. It shall be composed of a Secretary General and four Secretaries who shall be appointed by the Government of the Netherlands upon presentation by the Standing Government Committee. 2. The Secretary General and the Secretaries must possess appropriate legal knowledge and practical experience. In their appointment account shall also be taken of diversity of geographic representation and of legal expertise. 3. The number of Secretaries may be increased after consultation with the Council and in accordance with Article 9. Article 5 Under the direction of the Council, the Permanent Bureau shall be charged with: (a) the preparation and organisation of the Sessions of the Hague Conference and the meetings of the Council and of any Special Commissions; (b) the work of the Secretariat of the Sessions and meetings envisaged above; (c) all the tasks which are included in the activity of a secretariat. Article 6 1. With a view to facilitating communication between the Members of the Conference and the Permanent Bureau, the Government of each of the Member States shall designate a national organ and each Member Organisation a contact organ. 2. The Permanent Bureau may correspond with all the organs so designated and with the competent international organisations. Article 7 1. The Sessions and, in the interval between Sessions, the Council, may set up Special Commissions to prepare draft Conventions or to study all questions of private international law which come within the purpose of the Conference. 2. The Sessions, Council and Special Commissions shall, to the furthest extent possible, operate on the basis of consensus. Article 8 1. The budgeted costs of the Conference shall be apportioned among the Member States of the Conference. 2. A Member Organisation shall not be required to contribute in addition to its Member States to the annual budget of the Conference, but shall pay a sum to be determined by the Conference, in consultation with the Member Organisation, to cover additional administrative expenses arising out of its membership. 3. In any case, travelling and living expenses of the delegates to the Council and the Special Commissions shall be payable by the Members represented. Article 9 1. The budget of the Conference shall be submitted each year to the Council of Diplomatic Representatives at The Hague for approval. 2. These Representatives shall also apportion among the Member States the expenses which are charged in that budget to the latter. 3. The Diplomatic Representatives shall meet for such purposes under the chairmanship of the Minister of Foreign Affairs of the Kingdom of the Netherlands. Article 10 1. The expenses resulting from the Ordinary and Extraordinary Sessions of the Conference shall be borne by the Government of the Netherlands. 2. In any case, the travelling and living expenses of the delegates shall be payable by the respective Members. Article 11 (French text only) Les usages de la Conférence continuent à être en vigueur pour tout ce qui n'est pas contraire au présent Statut ou aux Règlements. Article 12 1. Amendments to the present Statute must be adopted by consensus of the Member States present at a meeting concerning General Affairs and Policy. 2. Such amendments shall enter into force, for all Members, three months after they are approved by two thirds of the Member States in accordance with their respective internal procedures, but not earlier than nine months from the date of their adoption. 3. The meeting referred to in paragraph 1 may change by consensus the periods of time referred to in paragraph 2. Article 13 To provide for their execution, the provisions of the present Statute will be complemented by Regulations. The Regulations shall be established by the Permanent Bureau and submitted to a Diplomatic Session, the Council of Diplomatic Representatives or the Council on General Affairs and Policy for approval. Article 14 1. The present Statute shall be submitted for acceptance to the Governments of States which participated in one or more Sessions of the Conference. It shall enter into force as soon as it is accepted by the majority of the States represented at the Seventh Session. 2. The statement of acceptance shall be deposited with the Netherlands Government, which shall make it known to the Governments referred to in the first paragraph of this Article. 3. The Netherlands Government shall, in the case of the admission of a new Member, inform all Members of the statement of acceptance of that new Member. Article 15 1. Each Member may denounce the present Statute after a period of five years from the date of its entry into force under the terms of Article 14(1). 2. Notice of the denunciation shall be given to the Ministry of Foreign Affairs of the Kingdom of the Netherlands at least six months before the expiration of the budgetary year of the Conference, and shall become effective at the expiration of the said year, but only with respect to the Member which has given notice thereof. The English and French texts of this Statute, as amended on…….. 200..., are equally authentic.

Summary: EU involvement in efforts to unify the rules of private international law EU involvement in efforts to unify the rules of private international law SUMMARY OF: Decision 2006/719/EC — accession to the Hague Conference on Private International Law WHAT IS THE AIM OF THE DECISION? It enabled the European Community (now the European Union) to accede to the Hague Conference on Private International Law (HCCH)*. The purpose of the HCCH is to work for the progressive unification of the rules of private international law* in the participating countries. KEY POINTS The EU participates in the HCCH as a full member. This decision is not binding on Denmark, which has an opt-out from the area of freedom, security and justice and participates in its own right. The EU deposited a declaration of competence (Annex II), specifying what it has been transferred competence for by the EU countries (except Denmark). These are measures in the field of judicial cooperation in civil matters that have cross-border implications and are necessary for the good functioning of the internal market. Furthermore, the EU has external competences — some of which are exclusive — as clarified by the case-law of the Court of Justice of the European Union. Conventions of the HCCH, for example in the fields of the jurisdiction, recognition and enforcement of judgments in civil and commercial matters, can fall within these competences. In another declaration (Annex III), the EU undertook to examine whether it is in its best interest to join existing Hague conventions where it has competence. FROM WHEN DOES THE DECISION APPLY? The EU has been a member of the HCCH since 3 April 2007. BACKGROUND On 28 November 2002, the Council authorised the European Commission to negotiate the conditions and modalities of accession to the HCCH. The statute of the HCCH had to be amended to allow the EU — a regional economic integration organisation — to accede. In June 2005, the diplomatic conference of the HCCH adopted the necessary amendments by consensus. Following the successful negotiations with the HCCH, the Commission tabled a proposal for this Council decision on the accession of the European Community (now the European Union) to the HCCH. The European Parliament gave its assent in September 2006. 82 countries plus the EU are members of the HCCH. KEY TERMS Hague Conference on Private International Law: an international intergovernmental organisation working for the progressive unification of the rules of private international law in the participating countries. It prepares multilateral legal instruments (including non-binding instruments) and provides the necessary follow-up. Private international law: also known as conflict of laws, it is a set of rules of procedural law that determines which legal system governs and which law of which country applies to a given legal dispute. These rules apply when a legal dispute has an international element, such as a contract agreed by parties located in different states. MAIN DOCUMENT Council Decision 2006/719/EC of 5 October 2006 on the accession of the Community to the Hague Conference on Private International Law (OJ L 297, 26.10.2006, pp. 1-14) last update 04.12.2017