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Titel und Anzeigen_goe.indd 3 22.04.2009 09:26:22


CONNECTING
PEOPLE AND
MARKETS
Trading is what we do best. It’s what has
made METRO Group one of the world’s most
successful retailing companies. Trade has
always linked people, markets and cultures.
It forms an essential part of everyday life and
is also one of the most important branches of
the economy.

But that’s not all: it’s also one of the most


innovative. METRO Group is a great believer
in highly efficient retail concepts, internatio-
nal orientation and the power of innovation.
We’ve made it our aim to boost innovation
throughout the retail world and to meet our
customers’ expectations to the full – day in,
day out. Our sales brands believe in respond-
ing flexibly to the specific needs of different
markets. And we consider it our ongoing duty
to recognise trends at an early stage and
react quickly.

METRO Group employs more than 290,000


people from 150 nations at some 2,200 sites
in 32 different countries. This is reflected in
the Group’s international corporate culture
which is hallmarked by diversity, openness,
understanding and a wealth of experience.
We like to call it the ‘Spirit of Commerce’.
Discover the world of retail for yourself at
www.metrogroup.de!

Titel und Anzeigen_goe.indd 4 22.04.2009 09:26:23


Titel und Anzeigen_goe.indd 5 28.04.2009 15:55:30
editorial

First issue of the new police in europe Dear Readers,


It is with great pleasure that we present today the ¿rst issue of the new pan-European
police journal the new police in europe. It is thanks to the joint efforts of the publishers,
editors, and numerous supporters from the police services, ministries and agencies of
the EU Member States as well as the EU institutions that this journal is appearing today.
We would ¿rstly like to thank all those who supported us in publishing this journal, our
special thanks also go to the authors who provided us with excellent material worthy of
a ¿rst issue.
Several months have now passed since the idea of a journal was presented to the Euro-
pean Police Chiefs Task Force in The Hague in the spring of 2008, where it was met with
praise and support. All the points of contact and supporters from the European security
sector with whom we have co-operated since then share our opinion that Europe’s secu-
rity can only be guaranteed if cross-border security is further enhanced and advanced.
In recent years, new forms of crime have emerged in the EU Member States that avail of
technological developments and changing structures which create opportunities for crime.
In order to cope with this new threat situation, the ‘the new police in europe’ was born
from the idea of networking the various authorities, institutions, ministries, universities and
enterprises which, in the course of their daily work, provide the security that is necessary
as a basis for the development and growth of the unique European vision of a common
market and a common space of freedom and security.
From now on, the journal will appear quarterly with a circulation ¿gure of 70,000 issues.
The contents of the journal are also accessible at www.dnpe.eu. The journal offers exten-
sive information on the existing legislation and the organisation of the security agencies
in other Member States and advocates the exchange of best practices in respect of
tactical measures and preventive actions in the ¿ght against crime and terrorism. It will
also address extraordinary national and international operations, share material on the
training of police of¿cers with consideration of new police technologies and techniques
being given special interest.
This ¿rst issue focuses on transnational security in Europe. Since the new police in eu-
rope is the ¿rst police-related journal of its kind to address security themes at European
level, it is only logical that the ¿rst issue should introduce the security institutions and
protagonists who operate within the context of the EU. Authors from Europol, Eurojust,
Frontex, OLAF, the European Commission and the European Parliament introduce their
institutions and explain how they contribute to the integrated security concept of the EU.
In addition, Dr. Wolfgang Schäuble, Germany’s Federal Minister of the Interior, is the ¿rst
to contribute towards our series on the “Activities of a State to ensure Security in Europe“.
Contributions from Bulgaria, Estonia, Finland, Romania and the United Kingdom round
off this issue with an outline of special themes from the respective national security
agency. Last but not least, we have incorporated a column on current EU decisions on
internal security.
Finally, we would like to call upon the competent ministries and police agencies to conti-
nue their support for our project and to use the opportunity to join us in shaping this new
European communication platform for security issues. We gladly welcome your feedback
and suggestions on the contents, organisation and concept of the journal. Moreover, the
journal will remain open for participation by all Member States, in keeping with its objective
of being the ¿rst police journal for the whole of the EU.
The 2/2009 issue, which will be published in three months, will focus on the suppression of
terrorism and the use of state-of-the-art technology in the security sector. We will be happy
to receive your contributions and suggestions for the upcoming issue. Should you wish
to have further information, please feel free to contact our editorial staff at info@dnpe.de.
We hope the new police in europe inspires you and that you enjoy reading it.
Yours,
Ingmar Weitemeier Jörg Ziercke
Publisher and Director of the State Of¿ce Director of the Federal Criminal Police
for Criminal Investigation of Mecklenburg- Of¿ce, Germany
Western Pomerania, Germany
2 the new police in europe - 01/09

02 editorial_goe.indd 2 22.04.2009 09:46:26


European Commission

Security in Europe - objective, initiatives and measures of the European Union


Jonathan Faull, Director General in the Directorate-General Justice, Freedom and Security*
Freedom does not mean absence of rules, because there is no freedom without rules. ing from setting up institutions such as
A well-balanced legal framework for law enforcement can ensure a safe environment to Europol and CEPOL, through setting up
develop daily life. This is the reason for putting ‘Security’ within EU priorities. Globalisation EU-wide databases such as the Schengen
and internationalisation have radically changed our daily life and political answers must Information System, developing a wide
be adequate to this new scenario by ensuring a cross border approach. Classic threats range of policies, and supporting practi-
to security (that is, military threats posed by hostile states) have been replaced by new, cal co-operation through EC-funding, in
dynamic threats that risk disrupting our society and endanger our citizens, such as cyber particular the AGIS and more recently the
attacks, terrorism, CBRN-risks/proliferation of WMD, natural disasters, etc.. ISEC-programme, which covers the period
Tackling these new threats is one of the most important issues for the EU in the foreseeable 2007-2013.
future. An essential complement hereof is providing internal security within the European On 20 December 2006, the Commission
Union, especially in the event of major internal cross-border crises affecting our citizens, adopted a proposal aimed at replacing the
our vital infrastructure and our public order and security. Europol Convention by a Council Decision.
In this context, transnational organised crime is one of the major threats to security, as A signi¿cant change is that Europol will be
it hampers the social, economic, political and cultural development of societies. Organ- ¿nanced from the Community budget (from
ised crime gangs differ - in their structure and their use of violence. Organised crime has 1 January 2010 onwards), and therefore
evolved in times of increasing globalisation and expanding international trade, so the become a Community agency. This change
range of organized crime activities has broadened and diversi¿ed. Modern organised of status will importantly improve the op-
crime groups are criminal enterprises that, like successful legitimate businesses, are erational and administrative functioning of
learning the lessons of globalisation and technological change. As their geographical Europol. This will simplify the procedures for
range increases world wide, they become harder to tackle. As potential pro¿ts increase, managing the budget and staff of Europol.
the temptation to use violence to protect those pro¿ts also increases. The role of the European Parliament in the
control of Europol will also increase, thus
The modus operandi of transnational crime exploits differences in national leg- the democratic oversight over Europol at
organised crime islative provisions. Where such differences European level will be enhanced.
hamper effective international co-operation, The decision will extend the mandate of Eu-
They tend to engage in a wide range of they inadvertently assist organised crime ropol to criminality which is not strictly related
criminal activities, depending on the avail- groups to survive and even Àourish. to organized crime. This will ease support
able opportunities. They strictly adhere to a provided by Europol to Member States in
“high-pro¿t, low-risk” approach. Organised EU security policy – current situation, relation to cross-border criminal investiga-
crime gangs increasingly employ profession- objectives and initiatives tions where involvement of organized crime
als to obtain legal, ¿nancial or technological is not demonstrated from the start.
expertise, and use facilitators to assist them The Commission is currently working, as Europol shall make every effort to ensure
with a wide range of tasks, which include part of the follow-up to the Communication that its data processing systems are inter-
getting forged documents and creating new “Towards a general strategy on the ¿ght operable with the data processing systems
identities. In the last few years, organised against cyber crime” from May 2007, to in the Member States and with the data
crime groups have built up large-scale inter- reinforce cooperation between law enforce- processing systems in use by the European
national networks and amassed substantial ment and private operators. Co-operation Union related bodies with which Europol
pro¿ts from illicit traf¿cking in drugs, traf¿ck- between police authorities and other law may establish relations. The Commission
ing in human beings, traf¿cking in weapons, enforcement agencies across the European has taken much action to support Member
counterfeit products and international fraud. Union is one of the main elements in efforts States and their law enforcement authori-
The proceeds from these crimes are laun- to ensure an area of freedom, security and ties in tackling organised crime.
dered and re-injected into the legal economy, justice. Efforts to ensure such co-operation A few examples are the European arrest
which helps further organised criminal ac- have taken place over the last decades, and warrant, enabling swift cross-border co-
tivity. Criminals and terrorists often exploit have been incorporated within the general operation in arresting and surrendering
weakened state structures to further their illicit framework of European integration since the suspects or convicted persons, the ability
business. The ¿ght against organised crime Maastricht Treaty (1993), which introduced to deprive terrorists and organised criminals
and terrorism should continue and include the concept of the European Union and the of funds, the possibility of creating joint law
measures against speci¿c types of crime, three pillars constituting it. EU-wide police enforcement investigation teams as well as
such as ¿nancial and cyber crime, to coun- co-operation as such is part of the third pillar, Eurojust’s role in co-ordinating cross-border
ter criminal exploitation and daily electronic together with judicial co-operation in criminal investigations and prosecution.
communication. matters. Earlier efforts to come to enhanced
Organised crime activities differ in their police co-operation which were undertaken Stopping identity theft, payment fraud
structure and in their use of violence. by a limited number of EU Member States, and corruption
Organised criminal groups have followed in particular through the Schengen Conven-
new technological developments, notably tions (1985, 1990), have become part of the In the European Union we do not have a
the internet. They have tried to use it and general EU policy as well through the Treaty common de¿nition of what constitutes iden-
exploit possible weaknesses from the of Amsterdam (1997), which incorporated tity theft. Identity theft affects governments,
internet’s very beginning; identity theft is all Schengen-related work into the general businesses and citizens alike. In the Justice
often linked to the internet through activities legal framework of the European Union. and Home Affairs area we are particularly
such as ‘phishing’. As we all know, national At the current time, many European initia- concerned, as identity theft is clearly linked
boundaries present no obstacle for organ- tives have been taken to improve police to various organised crimes. The potential
ised crime. On the contrary, organised cooperation in the European Union, rang- impact of identity theft on victims is im-

the new police in europe - 01/09 3

fertig 3 - 5 Faul goe.indd 3 21.04.2009 15:39:06


European Commission

portant. There is a lack of legal provision: crime infiltrate legal markets. Therefore Member States have to transpose the
In most legal systems there is no speci¿c further development and implementation Third Directive into national legislation by
offence of identity theft, and penalties are of a comprehensive EU anti-corruption 15 December this year. We are concerned
normally not very harsh. Prosecution is also policy is essential, taking into account the about its timely and correct implementation
comparatively rare. UN Convention against Corruption. This and are pleased that in the United Kingdom
In the last few years the European Commis- anti-corruption strategy includes criminal the new Money Laundering Regulations,
sion has organised several events to identify law measures, the promotion of ethics and prepared following an extensive consulta-
the main stakeholders and take stock of integrity in public administration and codes tion with the private sector, will come into
ongoing initiatives. This has highlighted the of conduct. It promotes Public Private Part- force in about two weeks.
importance of a wide involvement of policy nerships. This year the Commission has The Commission has already taken a
makers and national administrations, and published a Staff Working Paper “Links number of initiatives to facilitate the legal
of gathering political support to tackle the between organised crime and corruption” transposition and practical implementation
threat of identity theft and payment fraud which highlights information gaps in the un- of the Directive. We remain committed to
more effectively. In 2001, new EU-wide derstanding of the links between organised continue our efforts in this area. Organised
legislation on combating fraud and coun- crime and corruption. criminals make various investments in legit-
terfeiting of non-cash means of payment imate businesses. These include casinos,
was adopted. These are now considered Organized crime and money laundering import/export businesses and real estate
criminal offences in all Member States. To – ¿nancing terrorism developments. It is therefore important
reduce low penalties and foster prosecution, that banks and other intermediaries take
introducing a speci¿c offence of identity There can be a link between organised crime reasonable measures to understand the
theft might help align Member States and and terrorism. The ¿ght against terrorist ownership and who controls their clients.
simplify the investigation and prosecution of ¿nancing is one of the key elements in The Commission is ¿nalising a study on
offenders. As a ¿rst step, we have launched the EU’s efforts to combat terrorism. a Cost Bene¿t Analysis of transparency
a study of identity theft related legislation or Stopping terrorist ¿nancing is an evolving requirements on bene¿cial ownership. This
regulation in both EU Member States and process. We must be innovative – more so highlights the links between company law
important third countries. We will have the than the terrorists and organised criminals, and corporate governance on the one side,
result next year. who quickly seize the opportunities of new and the prevention of ¿nancial crime on the
The Commission considers the con¿scation technology. The United Nations estimates other. It should be available by the end of
of criminal assets as one of the more effec- that the amount of money laundered globally this year. Extortion racketeering exists in
tive ways to ¿ght organised crime. Organised a year ranges between 500 billion and many forms. These include demands for
crime gangs seek – and achieve – huge 1 trillion US dollars. Money laundering protection money, coercing entrepreneurs
pro¿ts. We have long believed that to disrupt methods are increasingly sophisticated and [and other businesses] to use services,
criminal activities we must deprive criminals of can involve many fund transactions or trans- supplies and equipment provided by com-
their pro¿ts. The key to ¿ghting criminal activi- actions linked to trade and other legitimate panies under the control of organized
ties is to set up appropriate legal instruments businesses. In such cases, those involved crime groups. This phenomenon causes
aiding rapid identi¿cation and tracing of illicit may be entirely unaware of the money extensive suffering to the victims, as well
¿nancial transfers and other transactions. A laundering or may receive some share of as extensive harm to the community and
number of EU legal instruments exist in this pro¿ts. These activities are often carried the economy.
area to ensure a common approach to con¿s- out in several jurisdictions, notably in those
cation, notably four texts covering substantive countries where the risks are lowest and the The EU and combating organized crime
and procedural criminal law. Following long opportunities highest. Preventing money - conclusions
preparatory work, a Communication on pro- laundering prevents criminal organisations
ceeds of organised crime will be adopted by from accessing their pro¿ts. The cooperation An effective response is not feasible without
the end of this year. A strengthened role for of the ¿nancial sector is essential in order to the continuous monitoring by and smooth
Eurojust in facilitating cooperation at judicial detect both money laundering patterns and exchange of information among the police
level and promoting mutual recognition in money Àows and to allow for an intelligen- and judicial authorities of the Member
con¿scation matters is necessary, as well celed approach. In 2005 the European Un- States. This must occur within the framework
as facilitating the interaction between Asset ion adopted the EU Third Money Laundering of the competent international (e.g. Interpol)
Recovery Of¿ces and judicial authorities. We Directive to ensure that the EU follows the and European institutions, such as Europol
need more coherent legal instruments and international standards set by the Organi- and Eurojust, and the European Judicial
for promoting coordination and exchange of sation for the Economic and Cooperation Network. With more than 1.2 million police
information among national agencies. Com- Development Financial Action Task Force. of¿cers, the European Union should be in
mon EU training programmes for ¿nancial This introduces a new risk-based approach a position to ¿ght these threats ef¿ciently.
investigators should be implemented as a which provides more flexibility, but also To achieve the construction of an area of
priority, including comparable statistics on requires greater responsibilities. freedom, security and justice, we have to
assets frozen, con¿scated and recovered. In addition to customer diligence and re- ensure that these forces do not disperse
A European register, including, inter alia, porting obligations, the Directive introduces and that they work in a coherent way, as no
outstanding freezing and con¿scation orders, new supporting measures of interest to the one Member State can ¿ght alone.
would also be needed. banking sector. For example, the protection Regarding ¿nancial organised crime, it is a
Organised crime needs not only effective law of employees, the need to set up training matter of urgency to enhance investigation
enforcement cooperation, but also a preven- programmes for staff, or the feedback on capabilities among law enforcement forces.
tive approach. This includes good govern- the effectiveness of the suspicious transac- The Commission is developing a project
ance, transparency, accountability and tion reports ¿led. The proper implementati- with Member States to promote ¿nancial
social responsibility standards for the public on of these processes can greatly enhance investigation in the EU by means of com-
and private sector to reduce the opportuni- the effectiveness of the national money mon minimum training standards for EU
ties for crime. Corruption helps organised laundering systems. ¿nancial investigation.

4 the new police in europe - 01/09

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European Commission

In the area of investigation and intelligence, tistics system. This is a long-term process our authorities to have the tools they need
it is of key importance to ensure that ¿nancial which will result in convergent referring to do their job.
intelligence is fully exploited in all organised elements of selected crime definitions, In order to achieve all this, ¿rst we need to
criminal and terrorist investigations. Efforts minimum penalties and criminal justice listen to what the experts say is technically
are under way to improve the exchange measures at the level of the European Uni- feasible, and whether there are negative
of information across Member States’ on. Truly comparable data will allow us to consequences of using these technologies
authorities, including the Financial Intelli- prioritise measures, to address particularly or fundamental rights. It is only when we
gence Units. A report on the key legislative vulnerable economic sectors, as well as to have considered all sides of the equation
instrument which sets up the framework for evaluate the effectiveness of actions. that we can ¿nd a coherent response.
EU Financial Intelligence Units is expected An ef¿cient and effective use of technolo- In conclusion, security in our daily life is
in the ¿rst quarter of 2008. In addition to gy in all areas of justice and home affairs one of the most important factors in the
legislation, many EU Member States are policies should be at the heart of our future well-being and quality of life of European
connected online and through an informal security approach. We need to make full citizens. This is an area where the added
European Platform. Finally, the Commission use of the potential of our security research value of action at EU level is clearly under-
is launching a study on feedback between agenda and push for ever more innovation stood and called for by European citizens.
the Financial Intelligence Units and ¿nancial in security applications and systems. These The Commission should act as a catalyst
institutions and law enforcement bodies. efforts should be made in close cooperation between the different stakeholders, which
Credit and ¿nancial institutions continue to with both the private and the public sectors. are not only the police, security and judicial
make considerable investments to ensu- This is really more important when we authorities, but all other ordinary adminis-
re effective compliance with anti-money speak about the role of technology. trations that tackle security matters, be it
laundering and counter terrorist ¿nancing When considering the role of technology health, trade or education. The Commission
measures. The ability of such bodies to in all this, it is clear that we want our au- should screen the weaknesses in security
identify what is genuinely suspicious and thorities to be able to detect dangerous at EU level and consequently consider
report it to the Financial Intelligence Units materials, in particular explosives, before further action – whether to legislate or
in a timely and effective manner can be terrorists have a chance to use these ¿nance projects.
enhanced by working closer. against us. We want our authorities to be
All our work requires good information to able to share the information they have, *The author expresses his own views,
help us understand the scale of the pro- which will assist in arresting terrorists and not necessarily those of the European
blem. We must develop a reliable crime sta- bringing them to justice. In a word, we want Commission.

Decisions of the EU

The report by the European Monitoring Centre for Drugs and Drug Addiction con¿rms the
need to bring society together to form a European alliance to tackle the issue of drugs
The annual report by the European Moni- This alliance, proposed by the Commission’s The European Monitoring Centre provided the
toring Centre for Drugs and Drug Addiction new “Drugs Action Plan” 2009-20012, will European Commission with a technical sup-
(EMCDDA) on the drugs phenomenon in be officially launched on the 26th June port to evaluate the Drugs Action Plan (2005-
Europe in 2008, published in Brussels, 2009 on the International Day against Drug 2008) and to elaborate the “drug” action plan
con¿rms the need to bring society together abuse and Illicit traf¿cking. This new “Drugs 2009-2012, which will be adopted by Member
to form a European alliance to tackle the Action Plan” adopted by the Commission States before the end of the year.
issue of drugs. This latest report from the on the 18th September 2008 focuses on
EMCDDA on the drug phenomenon in Eu- reducing the demand and supply of drugs, For more information please consult
rope indicates that the consumption of drugs tackling drug traf¿cking and concentrates EMCDDA Annual report 2008 on the
in Europe is stabilising, whilst the number of on international action. Some 12 million drugs problem across Europe
deaths linked to drugs is on the increase. Europeans (between 15 and 64 years) h t t p : / / w w w. e m c d d a . e u r o p a . e u /
“Every hour, a young person in Europe dies have taken cocaine, 11 million have used events/2008/annual-report
from a drug overdose. This alarming fact from amphetamines and 9.5 millions have used EU Drugs Action Plan (2009-2012)
the EMCDDA’s report con¿rms the urgent ecstasy. The latest ¿gures for Europe con- and report in the ¿nal evaluation of the
need to highlight to young people the seri- ¿rm a stabilisation on amphetamine and previous
ous risks of taking drugs”, stated Jacques ecstasy consumption. At the same time the EU Drugs Action Plan (2005-2008)
Barrot, Commissioner responsible for Jus- ¿gures show a steady growth in cocaine http://ec.europa.eu/justice_home/fsj/
tice, Freedom and Security. “To succeed in consumption, although this concerns only a drugs/fsj_drugs_intro_fr.htm
overcoming this problem, it is important to small number of Member States. As regards Salle de presse:
get society on board in every Member State. heroine, the report does not show a decline http://ec.europa.eu/justice_home/news/
This is the goal of the European alliance on in the epidemic problems linked to heroine, intro/news_intro_en.htm
drugs which is aimed at involving and raising but certain signs indicate that the problems Site internet du vice-président Barrot:
awareness of the risks associated with drugs with synthetic opiates could worsen. For more information on the activities of
amongst citizens, in particular young people, The annual report by the EMCDDA gives the Vice-President Barrot, please see:
companies and local authorities”, highlighted European Union and the Commission a factual http://ec.europa.eu/commission_bar-
Vice-President Jacques Barrot. overview of the drug phenomenon in Europe. roso/barrot/index_en.htm

the new police in europe - 01/09 5

fertig 3 - 5 Faul goe.indd 5 21.04.2009 15:39:07


Security

Security in Europe – Prerequisite for our freedom


Dr. Wolfgang Schäuble, Minister of the Interior of the Federal Republic of Germany
Last year the German edition of a book written by the British journalist Misha Glenny
was published. It’s title is “McMa¿a – A Journey Through the Global Criminal Under-
world”. Glenny describes here strikingly that organised crime is interconnected to a high
degree in today’s era of global communication and mobility. Contemporary terrorism is
likewise a global phenomenon. Both have become ‘limitless’, as the subtitle of Glenny’s
book suggests, and it has turned out to be impossible to combat them with classical
national methods only.

The vanishing of borders and interconnectedness not only create risks though, but
also chances. The coalescing Europe engenders new economic and political impulses.
Therefore especially the German-Czech and German-Polish border areas are pro¿ting
from the expansion of the Schengen Area. In times of the Iron Curtain, these areas
were the outskirts, today they are at the centre of events. The citizens living there ap-
preciate this in many cases. It is a tangible gain in freedom – not only for us, but also
for the people in Eastern Europe.

Nevertheless the coalescence of Europe also confronts politics and security agencies
with new challenges. Especially Germany, with its numerous neighbours, is dependent permit a quick and faultless identi¿cation
on an Europe capable of acting. Therefore we are especially committed to the European in the case of the detention of a wanted
Idea. This also includes our participation in the creation of a European security network, person. The possibility to store the Euro-
for the citizens of Europe can only seize the chances stemming from more freedom, pean Arrest Warrant as an attachment to
openness and mobility if their security is not afÀicted. Freedom and security therefore a warrant and to link search warrants in
are not contrasts, but two sides to a coin. order to enable the tracing of, say, the con-
nection between a wanted person and a
Under these conditions we can only provide for security if we consistently internationalise lost car, are also important improvements.
and Europeanise the combating of cross-border crime and international networks of These improvements require a complex
terror. This calls for close police cooperation within Europe and beyond. In the complex technical infrastructure. The dif¿culties
world of the 21st century the political capacity to act depends increasingly on informa- arising during further development have
tion. We have to link existing information – for the sake of criminal prosecution but also to be overcome quickly.
for the sake of preventive defence against serious dangers. To achieve this we need a The operational police cooperation in the
modern shared police information network. Schengen Area has also increased, for
example, in cross-border observations and
Schengen: Exchange of information When the SIS was implemented, the idea man-hunts. Under speci¿c circumstances,
and operational cooperation of a small group of participants was still police of¿cers from neighbouring states
prevalent. Today the system is opera- can take action on German territory and
Part of the groundwork for police coopera- tional in 23 Schengen states. The recent vice versa. German police agencies are
tion in Europe was laid down in 1985 with enlargement round made it necessary to making use of these instruments. Accord-
the Schengen Agreement. The ¿rst signa- upgrade the system to the “SISone4ALL”. ing to ¿eld reports, there has been an
tories of the agreement, Germany, France, This allows the participating states to ac- average of 100 cross-border observations
Belgium, the Netherlands and Luxemburg, cess about 27 million ¿les related to search and 10 man-hunts in the past years. This
had already realised that the success of warrants or stolen property. would have been unthinkable before the
further integration also depended on the Schengen Agreement.
active cooperation of the European states We can obtain vital information from this
in the pursuit of common aims in the area data. Whoever claims that the European Admittedly the further development of this
of internal security. Ministers of the Interior are obsessive operational cooperation has lost momen-
No other measure makes the improve- when it comes to collecting data has not tum. The corresponding arrangements
ment in police cooperation in Europe understood the following: the information in the implementation of the Schengen
more visible than the implementation of our police could access during national Agreement have remained nearly un-
the Schengen Information System (SIS). border controls in the past has to be ac- changed for almost 15 years now. The
This system is still unique worldwide in cessible in all of Europe today, since the proposal of the EU-Commission dated
its character. During the last year, 5,627 border controls have been moved to the 2005, which aimed to improve the exist-
persons for whom Germany had issued a external frontiers of the Union. Only under ing mechanisms, was removed from the
search warrant in the system were found these circumstances can we combine agenda after one year of negotiations due
abroad. Reciprocally, 6,294 persons freedom and security in a coalescing to elementary disagreements between the
wanted in other Schengen states were Europe. Member States, and has not been taken
found in Germany. Thus German criminals up again to date.
are no longer safe from discovery in the In order to meet the rising challenges, the Action has to be taken here. The most
rest of Europe. Equally, criminals wanted system is currently being upgraded to the recent police and judicial contracts that
abroad do not remain unmolested in our so-called SIS II. The essential updates EU Member States have negotiated, bi- or
country. This is a sizeable gain in security include the entry of photographs and ¿nger multilaterally, show that further improve-
for all citizens in the Schengen states. prints connected to search warrants, which ments are also possible on the operational
6 the new police in europe - 01/09

6 - 8 Schäuble_goe.indd 6 21.04.2009 15:42:18


Security

level. Our aim has to be that criminals security agencies from non-EU countries formation. Nowadays, terrorists use the
will no longer remain unpunished due to will continue to play a crucial role. internet as information point, communica-
legal hindrances in the operational police tions platform, Open University and train-
cooperation. Some critics bemoan that Europe is being ing camp all in one. Our security agencies
entrenched like a fortress through these have to focus their resources if they want
Protecting the external borders: Europe border security measures. This perception to take action against this omnipresent
is not becoming a fortress does not appreciate the real conditions. menace. For example, it does not make
In this era of broad global mobility, we much sense if experts from all 27 Member
Germany has done a lot in cooperation cannot allow fortresses to exist. There- States translate and analyse threats dis-
with its European partners to make the fore we have abolished border controls seminated via the internet from more or
Schengen Area freer and more secure. in Europe. This considerable increase in less uncommon Arab dialects. We can and
Already, effective protection starts at the the freedom of movement in the Schengen must avoid needless duplicate activities
external borders of the European Union. Area, however, makes it necessary that here. The project ‘check the web’ aims at
Given the open internal borders, we have we control the external borders of the EU ensuring this by creating an information
to identify illegal immigrants, criminals or more thoroughly. We have to ensure that portal at Europol where all Member States
terror suspects preferably as soon as they we live up to our responsibility for labour can exchange their information. We have
enter the European Union. Even though markets, stability and security in Europe. to ¿nd similar forms of cooperation in com-
the protection of the external borders is Therefore we need to both combat illegal bating other forms of criminal activity, such
the duty of the respective Member States, migration and regulate legal migration. as the distribution of child pornography on
the idea of European solidarity and our the internet. A more effective approach
common interest in safe external borders Europol: Networking instead of a Euro- would also be possible here if we were to
call for the appropriate participation of all pean super-agency combine our forces.
Member States.
This is why cooperation with the Euro- European police cooperation is taking Nevertheless, we should not believe that
pean agency for external border security, place through direct contacts between at European level a central institution
Frontex, and the border security agencies several agencies. It leads to a common alone can combat terrorism and organised
of the Member States is so important. use of resources and information. It is crime more effectively. It would not yield
Frontex went into service in October 2005 mirrored in the rights that Member States the desired results to upgrade Europol to
in Warsaw. The fundamental tasks of the grant each other and it becomes tangible a European FBI. What we need are bodies
agency are the coordination of cooperation in the access to common databases. that channel and merge national activities.
between the border police of the Member Likewise, it becomes manifest in com- On this note, I regard a federally-organ-
States for the protection of the external mon agencies such as the European ised European security system based on
borders of the EU, and the harmonisation police agency Europol, with its seat in The the principle of subsidiarity as propitious.
of the education and further training of the Hague, which began operations in 1999. European authorities should only be cre-
border police agencies. The agency has Information from all the Member States ated where the inclusion of a higher level
nearly 200 employees from the Member converges there and is analysed for pos- promises tangible advantages.
States and a budget of 72 million Euros sible cross-border connections.
at its disposal. Data on criminal offences and criminals Prüm Agreement: A balance between
provided by individual Member States for security and data privacy
During the German Presidency of the Eu- the use of all Member States is stored
ropean Council we could achieve impor- in the Europol Information System. This The Prüm Agreement contributes much to
tant improvements in the work of Frontex. makes connections visible between differ- an increase in the effectiveness of police
This includes above all the passing of the ent preliminary proceedings in individual cooperation. Cross-border police coop-
regulation on the creation of an immediate Member States. But ¿rst and foremost, eration has reached a new level with this
response team for border security (Rapid Europol can highlight connections be- agreement, signed in 2005 by Belgium,
Border Intervention Teams) and the crea- tween criminal offences through so-called Germany, Spain, France, the Netherlands,
tion of a technical central register. At the ‘analysis ¿les’ and provide Member States Luxemburg and Austria in Prüm/Eifel.
request of a Member State, Frontex can with operational and strategic papers. The agreement makes direct access to
now dispatch rapid intervention teams With the Council decision on Europol, the DNA and ¿nger print ¿les of the other
if the requesting state is under special which is due to be passed by the Council signatories possible, enabling every sig-
pressure due to illegal migration and can- of the Ministers of the Interior and Justice natory to check if the partner has stored
not cope with the situation with its own as early as this year, Europol shall be ¿les in connection with a DNA sample or
resources. The above-mentioned central integrated into the legal framework of the a ¿nger print. At the same time, the agree-
register lists all operating resources that EU as of 1 January 2010. This primarily ment implements an exemplary level of
the Member States put at each others’ includes an expansion of the European data privacy that only allows the transfer
disposal for a given time to protect their police agencies’ competences. While of sensitive personal data under strict
external borders. Europol could hitherto only take action if preconditions. Following the so-called ‘hit /
the criminal offences in question implied no hit’ procedure, only anonymised data is
With more than 100 ships as well as about a criminal organisational structure, it can transferred at ¿rst. Overall, the agreement
45 airplanes and helicopters, it is well in future become active against all forms allows graded levels of access to the data,
equipped and offers a solid basis for joint of serious crime that affect two or more depending on its sensitivity.
operations. Germany will go on helping to Member States.
shape Frontex in the future and support it The Prüm Agreement is an appropriate
with personnel and funds. Equally, bilateral In the ¿ght against terrorism Europol is reaction to the fact that today crime takes
cooperation and networking with border also contributing to the integration of in- place in a cross-border environment much
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Security

more often than 30 or 40 years ago. The to-date information and communication and maintenance of an Information Man-
high number of matches impressively technologies will also play its part in this agement Strategy in the European Union
demonstrates how effective the sharing acceleration. for the security sector.
of information in criminal prosecution is.
Thus German agencies achieved 4,516 Access to existing databases, Europe- European Police Academy
matches in the databases of the partner an Information Management Strategy
countries by 6 January 2009 using the Technology alone can never be more
automated matching of DNA samples. All in all, the Member States have coped than a useful tool. In the end, the results
Reciprocally, the matching procedures successfully with the new challenges in the successful combating of crime also
of Prüm partner countries led to 5,055 on the European level and have estab- depend on the personnel, who need to be
matches in the German database. lished large IT-systems in order to satisfy trained in, and quali¿ed for international
Once the Prüm Agreement had proven its their statutory need for information. The cooperation.
value, it was implemented into the legal Schengen Information System has been In order to enhance cooperation between
framework of the European Union on supporting the European information shar- the European training facilities, the Council
initiative of Germany. The implementation ing in prosecution for years now. During of the European Union decided in 2000
procedure was characterised by a hitherto the German Presidency of the Council to establish a European Police Academy,
unknown dynamism in European internal in 2007, a European visa information which has its secretariat in the British
politics. This again makes it clear to which system was established and made ac- city of Bramshill. With a Council decision
degree the agreement uni¿es the interests cessible to the security agencies of the of September 2005, it was awarded the
of all partners for a good balance between Member States and Europol. With it, we status of an EU agency. For Germany, the
security and data privacy, and between the can prevent and prosecute terrorist and German University of the Police in Mün-
will to cooperate and national interests. serious criminal acts more effectively. ster/Westfalen participates in the associa-
Nevertheless, an information system can Finally, Eurodac offers a platform for the tion of the European Police Academy.
only be of the quality as the information it Europe-wide matching of ¿nger prints in
contains. It is important, therefore, how the area of migration. The Academy was created in order to
many Member States participate in it. The enhance the knowledge and skills of the
current association procedures with Ice- We have to ensure that European data- police of¿cers engaged in cross-border
land and Norway show that even non-EU bases can be used even more ef¿ciently cooperation. Furthermore, the European
sates are interested in cooperation. by our security agencies. Precisely in the Police Academy promotes a joint self-
case of Eurodac, there is still need for ac- understanding of police work in Europe
Swedish initiative: Simpli¿cation of the tion. The Eurodac ¿les can only be used and works towards establishing common
exchange of information in cases related to asylum; their utilisation norms. Its work will play an increasingly
for police work is still ruled out. important role in police cooperation in the
The key to the successful prevention and For example, as the investigations relating future. Through participation on courses
prosecution of criminal offences lies in to the supposed perpetrators of the terror and events, a European network of execu-
the availability of information. In an area attacks in Madrid showed, the biometrical tive police of¿cers is scheduled to emerge,
without domestic borders, the exchange of data stored in Eurodac can in some cases step by step.
information between security agencies has be the only source of information that al-
to work as smoothly as on an intra-state lows the identi¿cation of a suspect of a Conclusion
level. The Council’s framework decision terrorist act or other serious crime, and the
2006/960/JHA on simplifying the exchange detection of connections to other Member The Member States of the European Un-
of information and intelligence between States. Therefore we need to be allowed ion are nowadays partners in a common
the law enforcement authorities of the to also use Eurodac for the purposes of area of security and freedom. Without
Member States of the European Union, police work. the manifold forms of police cooperation
dubbed ‘the Swedish Initiative’, has made in Europe outlined above, this freedom
an important contribution in this matter. Its This and other systems were initially cannot be reliably protected. After all,
national implementation in Germany has planned as individual projects. As a result, cross-border criminals and networks of
advanced well. independent and isolated applications terror are also searching for new ways to
were created that cannot communicate pursue their aims in this era of mobility and
This initiative establishes the principle with each other since the data is stored global communication.
of equality in the exchange of police and processed in different formats. This
information. It de¿nes that the request leads to the unsatisfactory situation that If we work steadily on developing this
for the transmission of information from employees of the agencies have to enter cooperation, channel our information and
a European partner agency, in principle, the same information into the different make it accessible to each other, we will
has to be treated equally to a request systems over and over again, usually be able to keep up with the security chal-
from an intra-state agency. To put it in a manually. lenges of the future. The citizens of the
more technical way: the legal precondi- European Union support this commitment
tions for the transmission of information In the future, we should focus more on by a large majority. Herein lies a chance,
to law enforcement agencies of other coherence when we create new, or en- not only for the internal security of our
Member States must not be stricter than hance existing databases. The sharing of countries, but also for the future of the
for the same procedure within a Member information can only be really successful European Integration Process. It is the
State. The transmission will accelerate and ef¿cient if we harmonise the frame- will of all persons in charge to maintain
signi¿cantly due to short time intervals work. The systems have to become inter- and strengthen the trust of the citizens in
– 8 hours maximum in express requests operable and have to interlock. Therefore the European Institutions through a deter-
– and standardised forms. The use of up- Germany is promoting the development mined and measured security policy.
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security and defence

Making Common Cause - The European Parliament's 2009 Annual


Report on the European Security and Defence Policy
Dr. Karl von Wogau, MEP, Chairman of the Subcommittee on Security and Defence of the
European Parliament
Since the creation of the European Security and Defence Policy, 22 missions have been
carried out within the framework of the ESDP, including 16 civilian missions and six
military operations. This fact not only shows the importance of the civilian components
of the ESDP, it also shows why the European Parliament plays an important role in the
context of ESDP: The civilian missions are ¿nanced from the European budget and
therefore under the control of the European Parliament. In addition to that, there are ¿ve
billion Euros earmarked in the European budget for security related projects such as the
satellite navigation system Galileo (which should be available for ESDP missions and
operations), the Kopernikus-GMES-System and Security Research.
Last year we had the ¿rst European legislation on defence matters, with two directives on
defence procurement adopted in co-decision by the European Parliament and the Council.
The European Parliament is determined to make use of this inÀuence to foster a more
common and coherent approach to security and defence.

Annual Report on European Security must also more clearly de¿ne its ambitions further initiatives to achieve this objective,
and Defence Policy concerning its role in the world. The in particular in the areas of security of
European Parliament clearly stated in supply and security of information.
The European Parliament’s 2009 Annual its report that it is of the opinion that the The current absence of a common
Report on the European Security and European Union should not try to become a European defence and security market
Defence Policy, which I prepared and superpower like the United States, but that has led to much unnecessary duplication
which was adopted on February 19, 2009 it should instead guarantee its security and of procurement programmes and to many
by a large majority (482 yes; 111 no), security in its immediate surroundings. unnecessary costs. Common operations
stresses that the European Union needs like Kosovo and Chad become more costly
to develop its strategic autonomy through Problems of inef¿ciency and lacking by the fact that parallel chains of supply
a strong and effective foreign, security and means have to be organised due to the different
defence policy, in order to promote peace equipment.
and international security, to defend its In any case, the European Union has It is often said that duplications between
interests in the world, to protect the security to have the means to implement its the European Union and NATO have to be
of its own citizens, to contribute to effective policies. Most of these challenges are avoided. This is certainly true. However, I
multilateralism and to advance respect for not simply military, and cannot be met by must point to the fact that the duplications
human rights and democratic values. The military, or non-military, means alone. The between the Member States are the main
European Parliament emphasises in its European Security and Defence Policy problem on our way towards improving
resolution that the European Security and has to combine the use of both civilian our capabilities, and that we must improve
Defence Policy should be based on our and military assets and capabilities, and it our ability to spend better together. The
common European Security interests. All requires close and seamless cooperation increasingly expensive development of
too often, thinking in the Member States between all stakeholders. Today, our new military or security technology has
remains con¿ned within the framework of ability to act is often limited by the absence already stimulated strong moves towards
national security interests, and the common of key capabilities. It was dif¿cult, for integration. Despite this, there is still much
responsibility for protecting common example, quite to ¿nd three helicopters room for greater ef¿ciency.
European interests is thus neglected. for the operation in Chad. Together the
The Parliament considers it necessary, Member States of the European Union European security in space
therefore, to de¿ne the European Union’s spend more than EUR 200 billion per year
common security interests. Only if it has on defence, which is more than half the An example for this is space. The European
a clear idea of its common interests can defence expenditure of the United States. Parliament has repeatedly stressed the
the Union make its common policy more The European Parliament has repeatedly importance of the space dimension for
coherent and effective. The European expressed its concern about the lack of the security of the European Union, and
Parliament considers that the security ef¿ciency and coordination in the utilisation the need for a common approach in
interests of the Union include the protection of European defence budgets. This defending European interests in space.
of its citizens and its interests both inside inef¿ciency is partly due to the fact that we We need space assets to make sure
the European Union and abroad, the do not have a common European defence that the political and diplomatic activities
security of its hinterland and the protection and security market. Borders between the of the European Union can be based
of its external borders and critical Member States, which were abolished in on independent, reliable and complete
infrastructure, as well as the improvement 1992, still exist in the ¿eld of defence. information in support of its policies for
of its cyber security, the security of energy The European Parliament strongly supports conÀict prevention, crisis management
supplies and sea routes, the protection of the creation of a European defence and operations and global security, in particular
its space assets and protection against security market. We have therefore the monitoring of the proliferation of
the consequences of climate change. But adopted, in codecision with the Council, weapons of mass destruction and their
we have not only to de¿ne our European two directives on public procurement and means of transportation, the veri¿cation
security interests. The European Union intra-Community transfers, and we suggest of international treaties, the transnational

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security and defence

smuggling of light weapons and small disaster management. This creates new planning and conducting:
arms, the protection of critical infrastructure opportunities to exploit synergies and • two major stabilisation and reconstruc-
and of the European Union’s borders, and enhance interoperability between armed tion operations, with a suitable civilian
civil protection in the event of natural and forces and police. The European Union component, supported by a maximum
man-made disasters and crises. and its Member States should focus of 10 000 men for at least two years;
The Parliament therefore encouraged the their efforts on common capabilities, • two rapid response operations of limited
Member States of the European Union, which can be used for both defence duration using, inter alia, the EU’s Batt-
the European Space Agency and the and security purposes. In this context, legroups;
various stakeholders to make greater and unmanned air vehicles, helicopters and • an emergency operation for the evacu-
better use of the existing national and telecommunications equipment and air ation of European nationals;
multinational space systems and to foster and sea transport are crucial. • a maritime or air surveillance/interdiction
their complementarity. In the ¿eld of command and control we mission;
Up to now we have three parallel national face the same problem of unnecessary • a civilian-military humanitarian assis-
systems of satellite-based intelligence duplications and incompatible equipment. tance operation lasting up to 90 days;
with different strengths and weaknesses. We need a common basic standard for • around a dozen ESDP civilian missions
For humanitarian missions, natural the communications systems of military, (including, inter alia, police, rule of law,
disasters, the surveillance of our external police and disaster-control services. civil administration, civil protection,
borders and for ESDP missions, we have At present, we have ¿ve national security sector reform and observation
a common need for real-time images, telecommunications systems for running missions) of varying formats, operating,
independent of weather and time of day. multinational operations. A common inter alia, in a rapid-reaction situation,
It is a big step forward that the satellite system would be less costly, more ef¿cient including a major mission (potentially
imagery from these national systems will and less risky for the personnel running involving up to 3 000 experts) which
be made available for ESDP operations these operations. We therefore need a could last several years.
via the European Union Satellite Centre in common technical standard for protected
Torrejón, and the MUSIS project will lead telecommunications. The realisation of these ambitious plans
to more cooperation in this ¿eld. The European Parliament therefore will make it necessary to strengthen the
In its report adopted on 19 February supports the cooperative development capacity at European level to undertake
2009, the European Parliament also of Software-De¿ned Radio (SDR) by the strategic planning and conduct ESDP
stresses the necessity to allow the use of Commission and the European Defence operations and missions. The European
Galileo and GMES for autonomous ESDP Agency. SDR will contribute to better Parliament therefore urges the setting
operations, for the Common Foreign and interoperability of telecommunications up of an autonomous and permanent
Security Policy, for Europe’s own security systems. EU Operational Headquarters and the
and for the Union’s strategic autonomy. I I also welcome the decision taken by establishment of an integrated civilian and
think we should also consider the creation the Steering Board of the EDA on 10 military strategic planning structure for
of a European space surveillance system November 2008 on the establishment of ESDP operations and missions.
leading to space-situational awareness a European Air Transport Fleet and the But the further development of the
(including, for example, GRAVES Declaration of Intent on participation in this European Security and Defence Policy is
and TIRA) so as to monitor the space initiative, signed by the Defence Ministers not only a question of technical capabilities
infrastructure, space debris and, possibly, of twelve EU Member States. and of headline goals.
other threats. The European Parliament The European Union should continue to It is also important to foster the development
clearly advocates the possibility of build its capabilities on the basis of the of a common European security and
funding future European satellite systems civilian and military headline goals and defence culture. The European Union
supporting ESDP operations from the EU should endeavour to make a force of is characterised by a large diversity of
budget (EP report on Space and Security, 60 000 soldiers permanently available. historically-rooted defence and security
10 July 2008). The European Parliament reaf¿rmed its traditions. The defence policies of the
proposal that the Eurocorps should be the 27 Member States are still displaying
Bene¿ting from synergies core of this force, if necessary, reinforced substantial differences, in areas such as
by additional maritime and air capacities. strategic planning, transformation doctrine,
We have to make greater efforts to eliminate The Parliament therefore welcomed the equipment or leadership style.
unnecessary duplication between Member agreement concluded between Germany There are more factors uniting than
States, namely, through specialisation, and France on maintaining the Franco- dividing us. Europe shares a common
the pooling and sharing of existing German Brigade at joint locations. set of European values. Europe stands
capabilities, and the joint development of for a security policy which is based on
new ones. Therefore, the Member States The future of Europe’s Security and values, is not restricted to the military,
should take full advantage of the potential Defence Policy is dedicated to the respect and further
of the European Defence Agency. Less development of international law and to
unnecessary duplications among Member The European Parliament also welcomed effective multilateralism. These common
States of the European Union and more the Council’s commitment to the idea that in convictions provide a good common
ef¿cient European defence spending can the years ahead, and within the framework base for the development of a common
only strengthen NATO and help bring of the level of ambition established, European security and defence culture.
about a fairer burden sharing between the Europe should actually be capable, inter But experience has shown that we have
Allies. alia, of deploying 60 000 men in 60 days still a lot to do in order to overcome the
Capability needs are often technologically for a major operation, within the range of differences which divide us. The European
very similar or even identical for armed operations envisaged within the headline Parliament considers it particularly
forces operations, border surveillance, goal for 2010 and, within the civilian important therefore to strengthen the
protection of critical infrastructure and headline goal for 2010, of simultaneously European Security and Defence College
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security and defence

and to transform it into a permanent Defence Policy which was adopted on 19 Book on Security and Defence as a tool
structure. This College can contribute to February 2009 also approves the further to be used to initiate a wide-ranging public
the development of a speci¿cally European development of cooperation between debate and to ensure that the European
security culture. We also urge the national armed forces so that they Security Strategy is implemented in an
Commission to continue funding common become increasingly synchronised. We ef¿cient way. In my opinion, this White
training activities at European level in the propose that this process and the armed Book should concentrate on two main
¿eld of civilian crisis management. forces should be given the name “SAFE” areas: capabilities and the social situation
Experience has shown that we have to – Synchronised Armed Forces Europe. of civilian and military personnel in
take a closer look at the social situation SAFE would provide suf¿cient room for European missions and operations.
of personnel who are to be deployed manoeuvre for neutral Member States as This White Book should be compiled in an
and work together in civilian and military well as those bound by military alliances, for open and transparent way. The compilation
operations. We need further initiatives those which already work closely together design of the French White Book could
concerning common training and common and for those which are still reluctant to therefore serve as an example.
standards for personnel, increased do so. We proposes an opt-in model for Transparency and parliamentary accoun-
interaction between the armed forces and the organisation of SAFE based on more tability are crucial in order to ensure public
the civilian personnel of Member States, intensive voluntary synchronisation. support for European defence. In this
coordination of crisis-related training, A European statute for soldiers within connection, it is of particular importance to
exchange programmes among armed the framework of SAFE should govern ensure effective parliamentary scrutiny of
forces in Europe and the opening-up of training standards, operational doctrine the ESDP in the form of close cooperation
armies to citizens of other Member States. and freedom of operational action, issues between the European Parliament and the
Belgium has already opened its Armed relating to duties and rights, as well as the parliaments of Member States. Most of the
Forces to citizens of all Member States. level of equipment quality, medical care threats to security facing us today have
and social security arrangements in the one thing in common: No single state can
Next steps and conclusion event of death, injury or incapacity. tackle them effectively on its own. This
In its resolution adopted on 19 February is why we have work together towards a
The European Parliament’s 2009 Annual 2009, the European Parliament calls common Security and Defence Policy for
Report on the European Security and for the elaboration of a European White the European Union.

Decisions of the EU

Ensuring that crime “does not pay”: Commission proposes ten strategic
priorities on con¿scation and recovery of criminal proceeds
The Commission intends to strengthen efforts to hit criminals where it hurts most: de- complemented by a future streamlining and
priving them of the assets they acquired through crime. The large majority of organised updating of the existing EU legislation.
crime activities have a ¿nancial motive. Even in the absence of reliable statistics, today
the amounts recovered from organized crime remain modest compared to the pro¿ts of Vice President Barrot, welcoming the Com-
organised crime. munication and its ten strategic actions
pointed out that
Vice-President Jacques Barrot, EU Com- the tracing of criminal assets, participate in “It is necessary to think outside the box
missioner responsible for Justice, Freedom con¿scation procedures and ensure the combining both legislative and operational
and Security, stated: proper management of seized assets. measures for the rapid identi¿cation, trac-
Member States should also ensure that ing and recovery of assets acquired by
“We need to hit criminals where it hurts cross border exchange of information is criminals. They operate across borders,
them most. The con¿scation of the pro- done smoothly and remove other existing even at a global level, and increasingly
ceeds of crime is one of the most effec- obstacles to con¿scation procedures. acquire assets in other countries. For that
tive means to tackle organised crime and reason we urgently need an appropriate
therefore one of the cornerstones of the EU EUROPOL could ensure regular contacts European response. Effective national
wide anti-crime between Asset Recovery Of¿ces operating agencies charged with tracing assets are
strategy. Criminals and their illegal pro¿ts in Member States. EUROJUST should be of key importance for successful con¿sca-
move effortlessly across borders, that’s increasingly involved in facilitating coop- tion. But they cannot do the job unless we
why there is added value in action at EU eration on freezing and con¿scation at the help them to work together. Crime should
level. “ level of magistrates. A common EU training not be a pro¿table business !”.
programme for ¿nancial investigators will
The new Communication calls for swift be established.
For more information on the activities of
action – to take some examples: Member Better European statistics on freezing, con-
Vice-President Barrot, please see:
States need to ensure that effective Asset ¿scating and recovering assets are needed.
http://ec.europa.eu/commission_bar-
Recovery Of¿ces are up and running in Finally, improving information sharing with
roso/barrot/index_en.htm
each of the 27 EU Member States as a asset recovery of¿ces in third countries
matter of priority. Such Of¿ces facilitate is another priority. These actions can be
the new police in europe - 01/09 11

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ROLA - rsCASE®

Standardisation – Interoperability are not just catch phrases


Handling cases as a network – rsCASE® promotes cooperation

Police authority investigators and detectives are confronted on a daily basis with the challenge of collecting and assessing a wealth
of information from heterogeneous sources in the shortest possible time, comparing it with existing information, and analyzing,
communicating or presenting it to others so as to provide a secure basis for further investigation and decision-making.

Areas of Crime
The IT system rsCASE, which was developed by rola Security Solu-
tions in Oberhausen, Germany, is repeatedly used to support the
police’s handling of criminal cases whenever large and complex
criminal phenomena have to be examined and analysed, as in the ¿ght
against terrorism, in crimes related to traf¿cking and capital offences,
in organised or white-collar crime, to mention just a few examples, but
also in handling special cases, such as hostage taking or attacks.

Areas of Use
The software is meantime used in Germany by 10 federal stages,
the Federal Of¿ce of Criminal Investigation and the Federal Police,
meaning by about 20,000 people in the police authorities.
Other security areas also see considerable advantages in it for their
particular purposes:
the system has been greatly welcomed by military organisations for
drawing up situation reports. Here there is potential for synergy, when,
for example, different operational units cooperate on international
deployment and both an overall image of the threat posed by the
deployment site has to be made (Who are the warlords in Kabul?) and the investigations have to be undertaken locally (Where
do the detonators used in an attack on a police convoy come from?).

The rsCase solution also supports investigations into white-collar and tax crime, from VAT carousel to money laundering.

Standardisation
rsCASE has already become a de-facto standard in different security areas. In Germany, the users in the police sector have
set up the informal interest group known as “IG Fall und Analyse” – a joint venture of all federal states using rsCASE. This has
given rise to synergies and provided impulses for further developments: these members of that IG agreed on a core data model
and standardised interface, expert concepts and software demands, as well as on data exchange possibilities and much more.
As a result, a pan-German standard has been created, albeit without overriding the historical, political and legal measures of
the federal structures, for each individual state police force can also put forward its own speci¿c requirements.
This is an essential prerequisite for the international implementation of rsCASE. An example of the system’s capacity to be
used jointly is the BAO Bosporus (also known as Soko Cesca) in which 160 police of¿cials from ¿ve federal states and a group
from the Federal Of¿ce of Criminal Investigation are jointly investigating a series of murders throughout Germany committed
against foreign nationals.

Interoperability
Furthermore, one of the essential strengths of the rsCASE system is its interoperability: its capacity to communicate with dif-
ferent systems of information acquisition, information collation and dissemination, and information assessment and processing
– towards a trans-state exchange of data.

Outlook
In times of global criminal structures, the ¿ght against crime cannot be restricted to within the borders of one state – here too
standardisation and interoperability are urgently required for cooperation across national borders. First indicators already exist:
in the ¿ght against traf¿cking, for example, it is of great advantage for the German Federal Police and the state of Mecklenburg
Eastern Pomerania that the Polish border patrol has been working with rsCASE for several years. rsCASE is a multi-lingual
system and is meantime being used successfully in six European countries; in other states (also outside Europe) preparations
are in progress for its introduction.

For more information see: www.rola.com

12 the new police in europe - 01/09

12 Anzeige Rola_goe.indd 12 21.04.2009 15:46:54


Frontex

Safe borders for Europe


Frontex
Border Authorities in Europe are being challenged nowadays as never before. This is due sesses threats, looks at vulnerabilities,
mainly to the new political, social, economic and security-related phenomena now facing and weighs consequences. The Agency
Europe. These include a growth in migration, increased international travel, international has to balance and prioritise the available
trade and heightened demands for more security, especially after September 11. Hundreds resources against risks so that it can ensure
of millions of people are travelling around the globe. Geopolitical instabilities in poor regions, the right amount of protection for Member
religious and ethnic conÀicts are increasing in number and scale. The external borders of States; both under-protection and over-
the European Union are crossed by more than 300 million travellers each year, and the protection must be avoided.
trend is increasing. The border security concept has been developed in recent years. It All Frontex operations are intelligence-
is much broader than before and covers different tasks, not necessarily being performed driven. The Agency analyses trends and
by border guards. patterns in illegal migration and other cross-
The 2005 London bombings have shown that focusing on the border itself while assessing border criminal activities, including traf¿ck-
possible threats is not enough. Modern people think globally today and so do criminals and ing in human beings, at the external borders
terrorists. The new situation forced politicians and law enforcement practitioners to change of the EU. The Agency also monitors the
the approach towards security. In December 2006, while accepting the new Integrated Border global security environment, especially
Management concept, the Council made it clear that improving Member States’ readiness to those political, economical, social, tech-
deal with the challenges at hand requires new thinking, innovation, and collaboration. Key to nological, legal and environmental factors
meeting these challenges was and still is the coordination of inter-agency cooperation and which could drive illegal migration and af-
international cooperation. It was precisely to address this challenge that Frontex, a new EU fect border management as such. Its main
Agency, was set up in 2005 as a specialised and independent body tasked to coordinate tasks are to identify key threats and risks
the operational cooperation between Member States in the ¿eld of border security. to EU border security, point to the need for
joint operations and select areas where ca-
What does Frontex stand for? as the type of their expertise. Apart from pabilities could be built by providing border
border guards conducting patrolling, these guard authorities with appropriate training
Frontex focuses on six principal areas can involve experts in detection of forged or adequate technologies.
which are de¿ned in the Frontex regulation: documents or stolen cars, debriefers or Frontex bases its analysis on a large va-
Frontex provides help in the ‘coordination of translators. The operational plan also speci- riety of sources: information provided by
operational cooperation between Member ¿es the number and details of the technical Member States’ Border Authorities and
Sates in the ¿eld of management of exter- equipment necessary to perform an opera- other EU bodies (such as the European
nal borders’. It strengthens border security tion, which varies according to whether it Commission, Europol and Eurostat), but
by ensuring the coordination of Member takes place at an airport, along a land also by third country partners and inter-
States’ actions in the implementation of border or at sea. It must be stressed that national organizations. In the course of its
Community measures relating to the man- Frontex itself does not possess technical work it also uses ‘open sources’ - academic
agement of the external borders. To ful¿l assets for border control: these are made publications and information provided by
this task, Frontex is seeking to introduce available by the individual Member States watchdog organisations and mass media
system solutions allowing better allocation on a voluntary basis. Such equipment is throughout the world.
of Member States’ resources. Joint opera- listed in the Centralised Records of Avail- Frontex ‘provides assistance to the Member
tions are planned in advance and based able Technical Equipment (CRATE) which States in the training of national border
on the results of risk analysis provided the Member States make available for the guards, including the establishment of
by Frontex Risk Analysis Unit. When the needs of a Joint Operation upon the request common training standards’. The Agency
need for a joint operation is pointed out of Frontex for a limited period of time. contributes to the improvement of the
on a speci¿c border, an operational plan professionalism of Member States’ border
is devised. Frontex activities guards, thus enabling the Integrated Border
The operational plan de¿nes such elements Management system to function better.
as rules of engagement, the number of At the heart of all the Agency’s activities A well-functioning Integrated Border Man-
border guards who must be involved as well is carrying out risk analysis. Frontex as- agement System and participation in Joint
Operations coordinated by Frontex require
that all European border guards ‘speak the
Integrated Border Management is a concept consisting of the following dimen- same language’ – not just literally, but that
sions: they share the same professional knowl-
• border control (checks and surveillance) as de¿ned in the Schengen Borders edge and best practices. The similarity of
Code, including relevant risk analysis and crime intelligence; daily challenges faced by the border guards
• detection and investigation of cross-border crime in coordination with all com- working at land, sea and air borders in all
petent law enforcement authorities; EU countries - illegal immigration, human
• the four-tier access control model (measures in third countries, cooperation traf¿cking, use of forged documents, stolen
with neighbouring countries, border control, control measures within the area vehicles and many others - created the
of free movement, including return); need for common training curricula.
• inter-agency cooperation for border management (border guards, customs,
police, national security and other relevant authorities) and international coo- The Frontex Training Unit aims at improv-
peration; ing the professionalism of border guards
• coordination and coherence of the activities of Member States and Institutions of the Member States by making them
and other bodies of the Community and the Union. use similar methods, applying the same
standards and undergoing common training

the new police in europe - 01/09 13

13 -15 Frontex_goe.indd 13 21.04.2009 15:49:40


Frontex

to achieve a functioning ‘interoperability’


which is essential for effective cooperation.
Together with experts from the Member
States, it designed the Common Core Cur-
riculum, coordinates its implementation and
compiles best practices. Frontex has also
created a network of national border-guard
training facilities and established a network
of 10 Partnership Academies throughout
the EU.
By ‘following the development of research
relevant for the control and surveillance of
external borders’, Frontex strengthens the
border-control capabilities of the Member
States’ border guard institutions. It keeps
them informed about the latest technolo-
gies available and ensures that the speci¿c
interests of border guard authorities are
properly taken into account in security
research.
The main task of Frontex in the area of
Research and Development is to follow
developments in research relevant to the logical Development. By participating in ance to those Member States which may
control and surveillance of external borders, the European Security Research and In- need additional assistance. Since it is not
and to disseminate this information to the novation Forum (ESRIF) and in the evalu- always possible to foresee every possible
European Commission and the Member ation of research proposals submitted to crisis that may occur at the EU’s external
States. Frontex constitutes a link between the Framework Programme, Frontex has borders, operations planned in advance
the research community, the end-users an opportunity to inÀuence European re- may not always address every need. Fron-
within the European Commission and search and respond to the needs of border tex therefore also coordinates operational
the Member States. It also assesses the authorities. cooperation in unexpected situations that
need for further research related to border may arise at the external borders of the Eu-
security and plays an important role in de- Assistance to Member States ropean Union. Frontex manages resources
veloping the research programmes of the that can be deployed at short notice to as-
European Union. Another task of Frontex is to provide ‘assist- sist a Member State which may ¿nd itself
The ¿elds of interest of the Research and ance to Member States in circumstances in such a situation.
Development Unit are broad and include requiring increased technical and opera- The Pooled Resources Unit manages
land and maritime surveillance, detection tional assistance at external borders’. To Rapid Border Intervention Teams (RABITs)
systems, biometrics and electronic ID docu- be able to respond to unexpected situations – more than 600 highly specialised border
ments as well as systems for command, of heightened tension which may arise at guards from all Schengen Associated
control, communications, computers and the external borders of the EU, Frontex Countries - who are available for deploy-
intelligence. has set up pre-structured rapid intervention ment in case of such urgent and excep-
The Agency is actively involved in the se- packages. These include both experts and tional situations. While their deployment
curity research section of the Framework technical assets that can be deployed at has not been necessary so far, RABITs
Programme for Research and Techno- short notice to provide immediate assist- undergo consistent training and participate
in regular exercises based on realistic sce-
narios in order to stand ready to respond to
a possible crisis.
‘Providing Member States with the neces-
sary support in organising joint return op-
erations’ is the last main area of Frontex’s
responsibilities. The role of the Agency in
joint returns is limited to providing assist-
ance to the EU Member States to organise
joint return operations. Frontex, together
with experts from Member States, also
works on the identi¿cation of best practices
in the acquisition of travel documents and
the removal of illegal third country nation-
als.

The external borders in 2008

In 2008 the Member States reported a total


of some 175,000 detections of illegal bor-
der crossing of the external sea and land
borders of the EU. This represents a 20%

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13 -15 Frontex_goe.indd 14 21.04.2009 15:49:46


Frontex

increase compared to 2007. Most of the movement of illegal migrants in the EU. only the tip of the iceberg. Apart from this
increase was due to higher detections in Compared to 2007, Member States’ data solid data, analysts need to study national
Italy and Greece. Although slightly higher at suggests that the number of persons detect- legislation, the political situation in transit
sea borders, the detections of illegal border ed staying illegally in the EU has increased countries and countries of origin and many
crossing was split almost equally between by about 15%. Ninety percent of the detec- other factors.
the sea and land borders. However, while tions for illegal stay were reported in just The big question for the analytical commu-
at the sea borders the number of detec- eight Member States. At the top, France nity and law enforcement of¿cers remains
tions went up sharply (approx. 69%), land (81,200) and Spain (77,000) represented unchanged: How to assess dark ¿gures?
border detections decreased slightly. As in 40% of all detections, and recorded the How many criminals avoid the detection
2007, detections at the Greek sea and land largest increase between 2007 and 2008. A and investigation of cross-border crimes
borders with Turkey and the land border second group of Member States (Italy and they have committed? How many undis-
with Albania accounted for almost 50% of Greece) reported slightly less than 50,000 covered cases of labour exploitation do
the EU total. Most detections at the sea detections each. A third group (Portugal, we have in Europe? These are only some
borders were reported by Italy (37,000), the UK, Belgium and Sweden) reported of the questions that we are not able to
mainly around the Island of Lampedusa. In illegal stays ranging between 20,000 and answer in a convincing way.
Greece, detections at the sea border along 30,000. Other Member States reported less The EU border security system is not tightly
the Turkish coast also doubled between than 10,000 detections each. closed, which worries some people and
2007 and 2008, with the total reaching For the ¿rst time in 2008, Frontex also col- makes others happy. The EU needs to ¿nd
29,100 illegal border crossings. lected information on traf¿cking in human a proper balance between freedom of the
The land border section between Greece beings. More than 10,000 victims of traf- individual and security. While protecting
and Albania recorded the largest single ¿cking were reported over the year 2007 Fundamental Rights, we all should work
share of illegal border crossings, with by 22 Member States. Germany (3,345) hard on closer cooperation and better
38,600 detections, but, compared to 2007, and Romania (2,492) reported the highest coordination.
detections were down by 10%. It should be number of victims of traf¿cking, followed by
noted that most illegal migrants detected Spain (1,490) and France (1,002). A total The application of three elements, namely,
at this border section, mainly Albanian of 4,565 identi¿ed facilitators of THB was assessing threats and risks, managing
nationals, are quickly returned to Albania reported during 2007 by a total of 17 Mem- joint operations at the external borders
under a long-standing and effective police ber States. Romania (1,509) and Germany of Member States, and building intellec-
co-operation agreement. However, despite (1,282) reported the highest numbers, fol- tual, operational and physical capacity, will
this good co-operation, migrants who have lowed by Italy (863) and Spain (691). make it possible for Frontex to become the
been returned tend to rapidly again illegally corner stone of the European concept of
cross the border again illegally. Altogether Conclusion Integrated Border Management.
14,500 illegal border crossings were re-
ported at the Greek-Turkish land border. Frontex is constantly working on the im- By providing EU border guards with spe-
Unlike at the Greek-Albanian land border, provement of analytical methods in order cialised training, up-to-date knowledge of
illegal migrants are neither returned quickly to create an accurate, reliable picture of the latest technologies, making them work
nor in large numbers. Compared to 2007, the external borders. The Agency receives in joint operations and sharing real-time in-
detections of illegal border crossing have eight categories of data from Member formation about the latest modus operandi
decreased by 14% at this border section. States, covering illegal border crossings, used by criminals, Frontex aims to make
Detections of illegal border crossing at facilitators apprehended or numbers of the EU’s borders not only more secure, but
the EU’s external border with Morocco in forged documents detected. But this is also more traveller-friendly.
Ceuta and Melilla ranked third among EU
land border sections, with 7,500 illegal
border crossings. Detections at the eastern
land borders totalled 6,200 illegal border
crossings.
In 2008, Member States issued a total of )5217(;25*$1,6$7,21
some 140,000 refusals of entry at the exter-
nal borders of the EU (land around 60,000 0$1$*(0(17%2$5'
and air some 65,000). This represents a
decrease of 11% compared to 2007. The (;(&87,9(',5(&725 (;(&87,9(6833257

decrease is due to smaller numbers of re- $,'(6'(&$03


(;7(51$/5(/$7,216
fusals of entry at the Polish–Ukrainian and ,17(51$/$8',7 )5217(;/,$,621
3/$11,1* &21752//,1*

Polish-Belarusian land borders following a 48$/,7<0$1$*(0(17


,1)250$7,21 75$163$5(1&<

drop in regular traf¿c due to the introduc- '(387<(;(&87,9(',5(&725


tion of more stringent visa requirements
with the entry of Poland into the Schengen
area in December 2007. The total number 23(5$7,216 &$3$&,7<%8,/',1* $'0,1,675$7,21
'LYLVLRQ 'LYLVLRQ 'LYLVLRQ
of refusals at the eastern land borders of
the EU came to 30,000. The border section
recording the largest numbers of refusals 23(5$7,216 5,6. 75$,1,1*
5(6($5&+
$1'
),1$1&(
$1'
$'0,1,675$7,9(
$1$/<6,6 6(59,&(6
of entry was the UK air border, with 17,600 '(9(/230(17 352&85(0(17
refusals, followed by Spain with 13,600
refusals. )5217(; 322/('
Detections of illegal stay offer some indica- 6,78$7,21 5(6285&(6
/(*$/
$))$,56
&(175(
tion on ¿nal destinations and secondary

the new police in europe - 01/09 15

13 -15 Frontex_goe.indd 15 21.04.2009 15:49:47


Europol

The Business, Potential and Limitations of Europol


Max-Peter Ratzel, former director of Europol in collaboration with Diane Boles
is not by accident that the EU has named
an entire policy area as Freedom, Secu-
rity and Justice. The inherent meaning of
this realm of policy-making incorporates
a number of areas of which law enforce-
ment is only one, but a very signi¿cant one
nonetheless. To deepen the understand-
ing of the broader goals used at strategic
level, it may be helpful to de¿ne the ideo-
logical terms which the EU uses5:

Freedom: the power or right to act, speak


or think freely; the state of being
free
Security: the state of being or feeling
secure
Justice: the administration of law ac-
cording to the principles of just
Europol HQ, The Hague
treatment

The establishment of Europol has been the single, most exciting development to take Taking these three principles as the basis
place in the EU law enforcement arena in recent years. From its humble beginnings in for a Europe which is a safe and prosper-
1994 as the Europol Drugs Unit (EDU), the concept of Europol is one which already had ous place to be, the concept of a crime-
its origins in the Treaty of Maastricht 1 and in TREVI 2 before that. The EDU began its free Europe is one which is inherent in the
activities in 1994 in The Hague, the Netherlands, based upon a ministerial agreement above de¿nitions. That is to say, in a bor-
signed by the 12 TREVI ministers in 1993. Since then, during the last decade and a half, derless Europe, freedom of movement and
Europol has evolved and progressed to become a signi¿cant player in the international citizens should not compromise security
law enforcement domain. and justice. European society is of course
multi-faceted, multi-cultural and encom-
Before the existence of Europol, there was no mutually agreed platform of communication passes the positive and negative aspects
for member states whereby the bene¿ts of a trans-national police information exchange of its myriad public. It is, however, the
ideal could be realised. The added complication of con¿dentiality and reluctance to share negative rather than the positive aspects
information within law enforcement arenas, emphasised the need for a workable solu- of a borderless Europe which present the
tion. This, combined with the language limitations of member states dealing with each conundrum of how to maintain peace and
other, meant that an organisation which would overcome language barriers was also security, whilst effectively targeting the
essential. The ensuing bene¿ts which could be gained from an organisation like Europol negative aspects of increased mobility
were becoming more and more evident and the European Union was ready and willing and opportunity. The upstanding citizens
to put its plan into action. of the European community currently en-
joy border-free and less restricted border
Since it became fully operational on 1 July 1999, following full rati¿cation of the Europol controls, but then again, so do the crimi-
Convention3 in 1998, Europol has gone from strength to strength. It has evolved from nals. It is facetious to say that the criminal
being a little-known player in policing to being to an internationally - recognised organisa- threats to European society - drugs, traf-
tion. Indeed, Europol is the ¿rst truly international law enforcement cooperative network ¿cking, terrorism, racism, fraud - will ever
in the European arena. disappear. Undeniably, in an ideal Europe
there would be no need for Europol, but
Freedom, Security, Justice European police of¿ce can also be traced in a less-than-ideal Europe, the need for
back to the seventies when the TREVI Europol is overwhelming.
Building an area of freedom, security and group was formed to exchange informa-
justice is one of the principal aims of the tion on terrorism and serious international Public Security - Terrorism
Treaty of Lisbon4 signed on 13 December crimes.
2007 and now undergoing a rati¿cation From the outset, the European Union has By far the most dominant catastrophic
process in the member states. It is the embodied shared commitment to common criminal event in recent times was what
propagation of these aims which fuels the values such as human rights, freedom of is now known as “9/11” or the terrorist at-
existence of Europol. Europe is a place movement, democracy and the rule of tack suffered by the United States in 2001.
of ongoing political, economic and social law. The European Union is dedicated Similarly, terrorist acts have taken place
change, which has expanded from an to de¿ning an area of peace, prosper- in Europe in the last 5 years, bringing this
original number of 6 member states to 27 ity and equality for its citizens. None of type of heinous crime to the forefront of
member states in 2007. The establishment these advantages exist without the mutual international concerns. However “9/11”
of the current border-free union is the re- obligation to support and cooperate with by virtue of its large number of casualties
sult of years of progress and policy- mak- EU policies which enhance the quality of - almost 3000 people6 - demonstrated the
ing - a process which for the EU, began life for the people of Europe. Peace and vulnerability of any nation in the face of
in the seventies. The innovative idea for a prosperity seem like elusive goals, and it determined terrorists. The organs of law

16 the new police in europe - 01/09

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Europol

The Road to Europol threat assessment or OCTA. Instead of


reporting on crime which had already hap-
07-02-1992 Treaty of Maastricht pened, the new position was to predict the
areas of threat and act accordingly. The
03-01-1994 Europol Drugs Unit (EDU) OCTA therefore was the ¿rst step to wards
changing how member states thought
18-07-1995 Europol Convention agreed and acted about crime prevention. It was
also the step required to link intelligence
01-10-1998 Europol Convention in force policing to policy- making at EU level so
that concrete steps could be taken to ¿ght
01-07-1999 Europol took up full activities crime in all EU member states.

Therefore in the Council Conclusions


enforcement and crime prevention sud- es elements of other major (international) of June 2007, having regard to the ¿rst
denly seemed more important than ever, crime, the Council has always recognised Organised Crime Threat Assessment
as a nervous public looked to them to the huge threat that organised crime (OCTA) prepared by Europol in 2006,
relieve their anxiety. Whilst terrorism has presents for EU internal security. There- the Council restated its conviction that
a more resounding impact on the public fore action in this area was required and “the ¿ght against organised crime should
mentality, other areas of crime are just as all EU member states needed to be in focus on reducing the threat and harm
damaging but perhaps less shocking due agreement about the approach. Given its caused by it, in particular in those coun-
to their covert nature. Therefore, although existing and previous mandates, Europol tries with regional problems”8. Thereafter
Europol had already been in existence was ideally placed at the centre of the EU the Council emphasized the international
for some time when “9/11” occurred, the law enforcement arena to combat interna- nature of organised crime groups and how
overwhelming need to react to such an tional organised crime. The wheels were they presented serious obstacles to law
atrocity served to reinforce the European in motion. enforcement because of their complex
Union´s wish to cooperate at all levels to nature.
combat possible future threats to Europe. The concept of a report on organised
Following the “9/11” attack, the European crime in Europe was one endorsed and Since international problems need in-
Council held an extraordinary meeting on welcomed at EU level and was desig- ternational solutions, it is evident that
21 September 2001 pledging solidarity nated to provide a better understanding Europol is ideally placed to achieve the
and cooperation with the United States. of organised crime in EU member states. goals of ¿ghting crime in Europe. By its
Furthermore, it committed itself to enhanc- Europol, in cooperation with the member own de¿nition, “Europol is the European
ing police and judicial cooperation7 with states, produced an annual report in Law Enforcement Organisation which
Europol as one of its main instruments for 2004 and 2005 on organised crime but aims at improving the effectiveness and
doing this. Terrorism was on the agenda in the concept of intelligence-led policing co-operation of the competent authorities
bigger and bolder letters than before and as embodied in the EU Architecture for in the member states, in preventing and
ideally there was already an organisation Internal Security meant that a change in combating terrorism, unlawful drug traf¿ck-
in place to assist in the ¿ght against ter- approach was needed. Therefore in 2006, ing and other serious forms of international
rorism. Hence the pro¿le of Europol was Europol produced the ¿rst organised crime organised crime. Its mission is to assist the
more visible in the public
arena than it had ever
been.
European Criminal
Organised Crime re-
porting Intelligence Model
Although terrorism OCTA
seems to be an almost Intelligence generated Æ Intelligence Gaps
by investigations Æ data collection
daily occurrence in geo-
is ‘recycled’
graphical areas outside
the EU, other crimes are
often more proli¿c and
Europol:
damaging within the EU. Led by intelligence, - EU central capacity
Despite terrorism being PCTF subgroups task and - stores and analyses data
a high priority, cooperat- coordinate investigations
ing against the criminal (COSPOL)
elements in Europe is
just as important. Other
types of crime, such as Analysis produces
- specific TA in priority areas
organised crime, money
Police Chief Task Force - list of target profiles
laundering, traf¿cking of - identification of top criminals
drugs and people, fraud - defines enforcement
in priority areas
and ¿nancial crime, are - implements them
equally destructive to
society. Since organised
crime often encompass- European Criminal Intelligence Model (Graphic 3)

the new police in europe - 01/09 17

fertig 16 - 21 Ratzel_goe.indd 17 21.04.2009 15:54:47


Europol

law enforcement authorities of the member


states in their ¿ght against organised crime
and terrorism.”
Mandate of Europol
Strategic Considerations
Initial mandate Extended mandate
It is clear that the OCTA represented a
new departure in EU law enforcement.
• Drugs (since 2002)
With that in mind, the framework of refer- • Terrorism
ence for Europol remains the concept of • Forgery of Money • Environmental crime
intelligence-led policing9 - the concept of • Illegal Immigration • Economic crime
pro-active rather than reactive crime-¿ght- • Money laundering • Fraud
ing. The way this works is in the form of • Trafficking in
an intelligence cycle as outlined below in • Kidnapping
ƒ human beings • Murder
Graph 3.
ƒ stolen vehicles • Arms trafficking
In a simpli¿ed approach we can see that ƒ nuclear and
radioactive materials
the threat assessment done by Europol
(OCTA), leads to political priorities being
set by the Council, which in turn imple-
Mandate of Europol (Graphic 4)
ments those priorities using Europol, after
which the resulting evaluation is fed back
into the intelligence cycle. The focus of the If one reverts back to the ideal for Europe an identi¿able uniformed body of troops
OCTA is a threat assessment of the current to be an area of freedom, security and which can be pointed at and praised or
and expected trends in organised crime justice for all its citizens, then it is pos- criticised at will. To the general public, the
across the EU. However, it is foreseen at sible to see how the vision of a European identifying marks usually associated with
EU level that assimilating reports such as law enforcement agency could slot into police, are absent. On paper, Europol does
the OCTA should eventually be carried this picture. Europol is in the position not have coercive powers, which means
out for other crime areas as well. Earlier of being able to implement the plans to that Europol staff cannot arrest persons,
this year, the Council endorsed a further make Europe a better and safer place for seize drugs or do house searches. Nev-
initiative to develop the Russian Organised all its citizens. Europol is the European ertheless, Europol is operational, since
Crime Threat Assessment and indicated law enforcement agency or as it is some- Europol staff immediately goes to a crime
that Europol should develop a template times known, the European police of¿ce. scene by invitation of the member states
for an intelligence requirement in line with However the differences to a conventional or Third Partners.
the OCTA methodology10. police force are sometimes the stumbling Certainly, Europol would never describe
block to understanding Europol. It is not itself as a police force. Instead it is a far
Whilst the focus of Europol is organised
crime in many forms, the events of “9/11”
also ensured a strong reaction against ter- Europol Organisation Chart, 20 November 2008

rorism at EU level. The resulting strategic


action at Europol was to produce the EU Director (DIR)
Financial Controller (FC)

Terrorism & Situation Trend report (TE- Management Board


Secretariat (MBS)
SAT), a report giving an overview of the
security situation in the EU. Based on Department IMT Department SC Department CG
Information Management and Serious Crime Corporate Governance
initiatives taken by the Justice and Home Technology
Affairs Council in 2006, the TE-SAT was Deputy Director (IMT DD)
Assistant Director (IMT AD)
Deputy Director (SC DD)
Assistant Director (SC AD)
Deputy Director (CG DD)
Assistant Director (CG AD)
produced by Europol for the ¿rst time in
2007 and continues to be a point of refer- IMT CO SC CO
IMT Coordination Unit SC Coordination Unit CG 1 / CG SEC
ence for terrorism activities in EU member Directorate Support and
IMT 1 SC 1 CG Secretariat
states. Similar to the OCTA, this document ICT Infrastructure and Ops Organised Crime Groups
also provides evidence of trends in terror- IMT 2
SC 2 CG 2
ICT Architecture and
ism and where the focus of international Processes Drugs Legal Affairs
law enforcement should be concentrated. IMT 3 SC 3 CG 3
ICT Solutions Development Crimes against Persons Corporate Communications
(Both reports for the current and previous
IMT 4
years can be found on Europol’s website Information Management
SC 4 CG 4
Operations Financial and Property Crime Human Resources
www.europol.europa.eu.) IMT 5
SC 5 CG 5
Information Management
Coordination Terrorism Finance
Law enforcement agency at EU level IMT 6 SC 6 CG 6
Customer Liaison and Support Forgery of Money General Services
IMT 7
With reference to the above, producing Data Protection and
SC 7 CG 7
Analysis Security
reports is one thing and implementing Confidentiality

action is quite another. Implementing the


plans outlined in the EU Architecture for Member States’ Liaison Bureaux
Third States’ Liaison Bureaux
Internal Security is a complex process. It
requires a strategy, expertise and person-
nel to see it through to fruition. Europol Organisational Chart (Graphic 5)

18 the new police in europe - 01/09

fertig 16 - 21 Ratzel_goe.indd 18 21.04.2009 15:54:47


Europol

more diverse entity which combines the


OPERATIONAL AGREEMENTS
best of policing with the best in innova-
tion, strategy and technology to enable the Australia * Switzerland *
¿nest platform possible for cooperation, Canada * USA *
i.e., law enforcement cooperation in the
EU. Europol is not a supranational police Croatia * USA Federal Bureau of Investigation (FBI) *
force, but “an international cooperative Eurojust US Drugs Enforcement Agency (DEA) *
network which supports the activities of Iceland * US Postal Inspection Service (USPIS) *
law enforcers in the EU member states
via the Europol National Units based in Interpol * United States Secret Service (USSS) *
the Europol of¿ce in The Hague, Nether- US Bureau of Alcohol, Tobacco, Firearms
Norway *
lands.” 11 Although Europol is mandated by and Explosives (ATF) *
the European Union and overseen by the
regulatory bodies of the EU, Europol is de- STRATEGIC AGREEMENTS
pendent in its activities on the police forces Former Yugoslav Republic of
Albania
of the EU member states. Europol there- Macedonia
fore embodies the idealism of cooperation European Agency for the Management of
- it only exists because of cooperation by Operational Cooperation at the External
Bosnia Herzegovina
the member states themselves and yet it Borders of the Member states of the
European Union (Frontex)
also exists purely to foster cooperation
between the member states. European Police College (CEPOL) Moldova
Colombia * Russia
What areas of crime does Europol focus Situation Centre of the European Council
European Commission (EC)
on? (SitCen)
European Central Bank (ECB) Turkey
Europol, when it functioned initially as the European Monitoring Centre for Drugs United Nations Office on Drugs and Crime
EDU, focussed mainly on drug traf¿ck- and Drug Addiction (EMCDDA) (UNODC)
ing. An expanding Europe, however, had European Anti-Fraud Office (OLAF) World Customs Organisation (WCO)
greater needs in ¿ghting more types of
cross-border crime and thus progressively, AGREEMENTS IN PROGRESS
other areas of criminality were added to
Europol’s mandate. On 1 January 2002, China Montenegro
the mandate of Europol was extended to Israel Serbia
deal with all serious forms of international Liechtenstein Ukraine
crime which are: Monaco *denotes having a Liaison office at Europol
Third Party Cooperation: Agreements in place (Graphic 6)
• illicit drug traf¿cking;
• illicit immigration networks;
• terrorism; state. The Directorate and the Management core business of Europol is improving the
• forgery of money (counterfeiting of the Board, meet a minimum of twice a year to effectiveness and cooperation of the com-
Euro) and other means of payment; discuss matters of importance for the run- petent authorities in the member states in
• traf¿cking in human beings (including ning of Europol. The additional positions of preventing and combating serious organ-
child pornography); Financial Controller and the Joint Supervi- ised crime. In order to carry out this role,
• illicit vehicle traf¿cking; sory Body (JSB) complete the management the Serious Crime department consists of
• money laundering. and control side of Europol. a number of specialist units, each relat-
ing to the Europol mandated crime areas
The above categories are expounded upon The functional structure of Europol is as previously outlined. There are 7 such
in the full text of the Annex12 referred to in such that it consists of three well-de¿ned units in the Serious Crime department at
Article 2 (1) of the Europol Convention, areas: Corporate Governance, Information Europol, which are:
which after 2002 also included crimes Management & Technology, and Serious
such as kidnapping, murder, environmental Crime. Therefore personnel working at SC1: Organised Crime (targeting (interna-
crime, fraud, arms traf¿cking and economic Europol have different expertise, back- tional) organised criminal groups)
crime. grounds and employment situations. They SC2: Drugs (combating production &
consist of law enforcement personnel, traf¿cking of illicit drugs)
The Structure of Europol (Graphic 5) technical and scienti¿c specialists and SC3: Crimes against Persons (illegal
administration and security personnel. immigration, human traf¿cking,
Europol as an organisation is headed by the Whilst all of these organs are crucial to child sexual exploitation)
Director of Europol – currently Max-Peter the governance and running of Europol, SC4: Financial crime (money laundering,
Ratzel - and three Deputy Directors. The broadly speaking the latter area – Serious VAT fraud) and property crime
Director and Deputy Directors of Europol Crime – is the one which most closely (theft,- vehicle crime)
are appointed by the Council of the Euro- de¿nes the operational nature of Europol. SC5: Terrorism (counter- terrorism and
pean Union, Ministers for Justice and Home The Serious Crime department employs counter-proliferation programmes,
Affairs. Europol is politically accountable to almost twice the number of staff as the analysis and the Terrorism & Situa-
the Justice and Home Affairs Council via other two departments. The Serious Crime tion Trend report TE-SAT)
the Europol Management Board which is department deals directly with operational SC6: Forgery of Money (euro counterfei-
staffed by a representative of each Member and analysis functions. To reiterate, the ting and payment fraud)

the new police in europe - 01/09 19

fertig 16 - 21 Ratzel_goe.indd 19 21.04.2009 15:54:47


Europol

SC7: Analysis (intelligence analysis and while strategic agreements do not. In ad- Belgian and Italian National Members
training) dition to its information systems, Europol took the initiative to co-ordinate, on a
has Analysis Work Files (AWFs) which judicial level, all the countries involved.
Within each unit are specialist of¿cers who store data on criminal offences for the Subsequent investigations were initiated
have expertise in a certain area. These of- purpose of analysis. An AWF is therefore by the national authorities. This led to
¿cers work on projects that are run within a body of information directly available to a signi¿cant number of arrests and the
Europol, or on support projects and opera- an analyst working on a particular case. seizure of a considerable amount of child
tions being run in the member states. There could be, for example, an AWF for abuse material.
tobacco fraud or for money laundering.
Liaison Bureaux and exchange of in- This ef¿cient structure therefore enables The keys to the success of this operation
formation intelligence to be collated and used for a are the provision of valuable data by mem-
particular crime area. An AWF will only ber states and Interpol, long-term crime
The units described above function within exist, however, if it is a priority crime area analysis carried out by Europol specialists
the Europol framework itself. But since for a member state and thereby linked dealing with online child sex abuse cases,
one of the principal functions of Europol to the OCTA. Ultimately, how successful and the judicial co-ordination carried out
is to act as a facilitator for the exchange an AWF will be depends on the quality of by Eurojust.
of information between police forces, an- information therein.
other facet of this set-up involves actually The Potential of Europol
enabling the member states to cooperate Europol in Action
on this exchange process. Operation Koala illustrates the huge
Given the above outline of how Europol potential of Europol to ¿ght crime across
In order to carry out the essential function operates, it may be useful to demon- national borders when the correct informa-
of information exchange, a Liaison Bureau strate the added value Europol can offer tion is exchanged, the right analysis is car-
for each member State has an of¿ce at to a national police force, when there ried out and the cooperation required for
Europol (in addition to some liaison of- is a crime with international scope and success is practiced and endorsed by all
fices for non-EU states and organisa- implications. the concerned countries and jurisdictions.
tions with which Europol has cooperation During an investigation called Operation In a case of this geographical magnitude,
agreements). Since Europol principally Koala in 2007, which involved child abuse the supporting analytical role of Europol,
acts upon request of a Member State, it images on the internet and offenders in the investigations of the countries involved
makes sense that each member State has countries both within and outside the EU, and the judicial powers of Eurojust com-
an of¿ce at the Europol premises. In turn Europol played a signi¿cant role in the bined in a perfect way to put criminals
the Liaison Bureaux communicate with a coordination and success of this opera- behind bars.
Europol National Unit in their own member tion. The original criminal information from
state. Europol currently has 37 Liaison Australia was sent via Interpol to Belgium Since Europol’s potential to a large degree
Bureaux in operation in The Hague. and Europol. The material was then ana- hinges on its powers as determined by the
lysed and disseminated to the countries in Convention, logically its potential is also
Through the use of the Europol Information which internet customers were identi¿ed. dictated therein. Since the Convention is
System (IS) and the InfoEx (Europol se- Eurojust and Europol, working in close widely renowned as being cumbersome
cure information exchange tool), informa- co-operation, then invited representatives and inÀexible, it has become necessary to
tion can Àow back and forth between Eu- from 28 countries to several operational re-examine and change the legal structure
ropol and the member states as required meetings in The Hague. At Eurojust, the of Europol. Since Europol is advocating
and in the language of the requester. The
IS is used to store personal information
about people who, under the national law
of a country, may have committed a crime
or may possibly commit a crime in the
future. The type of crime must fall within OPERATION KOALA
Europol’s mandated areas in order for it
to be of interest. There are strict rules of Around 1000 users
data protection governing the use of this
identified
system because it contains personal in- Iceland

formation therefore strict data protection More than 500 child Norway

compliance at Europol is overseen by the Sweden

offenders under
Joint Supervisory Body. Since capturing EUROPOL
Denmark
Latvi
a

investigation
United-Kingdom

information is a crucial part of Europol’s


Ireland
Netherlands
Poland
Belgium

functions, use of the available information


Ukraine

More than 100 “High France


Switzerland Austria

systems is strongly encouraged back to croatia

the member states. profile”


profile” offenders Portugal
Spain
Italy

Greece

arrested
Since Europol also has agreements with
More than 30 victims
non-EU member states and specialist
organisations, the charts hereunder high- identified
light the current agreements in place. An
Australia
important difference to note here is that in
principle, operational agreements provide
for the transmission of personal data,

20 the new police in europe - 01/09

fertig 16 - 21 Ratzel_goe.indd 20 21.04.2009 15:54:57


Europol

intelligence-led policing, it is inherent in can therefore take years. The Council Conclusion
that expectation that the demands of the Decision to replace the Convention should
criminal environment should also require overcome this aspect of the current limita- Europol’s vision continues to be that it is
Europol to change IN RESPONSE to that. tions. the EU centre of excellence for information
If this were possible, Europol could be- exchange, crime analysis and operational
come even more effective at ¿ghting crime Concerning the use of the Information support. It is Europol’s view that its own
by having the opportunity to adapt when System, lack of interoperability is the big- potential can only be fully realised if the
necessary and in the public interest. gest obstruction to information sharing national law enforcement authorities make
between member states and Europol and suf¿cient use of the tools, technologies
Replacing of the Convention by a Council vice versa. According to Europol, results and expertise which Europol makes avail-
decision will make changing priorities in this area can only be achieved through able to them.
easier and will also give the member coordinated planning AT EU-level.
states more opportunity to inÀuence the Europol is a committed partner in building
way Europol is run. For example, assist- Information exchange is the reason for a safer Europe – an area of justice, peace
ing member states to catch serial killers or Europol’s existence. However, according and security for all.
rapists is currently not possible because to the UK House of Lords European Union
of the de¿nitions within the Convention. Committee report for 2007-200813, 80% of
The potential to react to such crimes information exchanged at Europol is done
could become possible with a more Àex- directly via the Liaison of¿cers and not 1
Treaty of Maastricht, 07 February 1992
ible legal framework. It has been said that placed on the Europol database, thereby 2
TREVI was a network of national of¿cials
re-de¿ning “organised crime” is also a way preventing it being accessible to anyone from ministries of justice and the interior
towards expanding the potential for crimes other than those directly involved. from European countries to enhance
to be included under this heading. The es- “mutual assistance in combating terrorism
sential element to remember; however, is Another obstacle to information sharing within member states” ; The name TREVI
the involvement of two or more member could be lack of con¿dence in the Europol is thought to stand for either the Trevi
states, making it a crime of international system, i.e., not being familiar enough fountain in Rome where the ¿rst meeting
rather than national concern. with Europol’s mechanisms to provide the was held, or the French acronym for
information necessary to further investiga- Terrorisme, Radicalisme, Extrémisme et
At the practical level, cooperation and tions. There still remains some reluctance Violence Internationale (Wikipedia)
ef¿ciency between EU bodies, member on the part of national police forces to 3
Europol Convention based on Art.K3 of
states and Europol can be enhanced by share sensitive information. One of the the Treaty of the European Union & Coun-
establishing a clear division of tasks and major ways to overcome this is by Europol cil Act of 26 July 1995 establishing a Euro-
responsibilities in the area of horizontal co- not only reinforcing the argument of the pean Police Of¿ce known as Europol.
operation. A holistic approach is required security of the information provided, but by 4
Treaty of Lisbon signed by Heads of State
to marry the needs of tackling organised educating the member states on the huge or Government of the 27 member states;
crime and terrorism and ensuring that the advantage of using Europol in this way. target date for rati¿cation by member go-
tasks of various agencies such as Eu- Lack of awareness in the law enforcement vernments is 01 January 2009.
rojust, Frontex and the European Police community is an area which can be rem- 5
Oxford English Dictionary, Oxford Uni-
college, CEPOL, do not overlap, since edied through a focussed communication versity Press 2008.
they are all to a greater or lesser degree strategy. Lack of trust is a more dif¿cult 6
Source: Wikipedia, 2974 people died
concerned with security in the EU. issue to tackle and probably requires the in the attacks, 24 are missing presumed
reassurances of national police forces to dead
At an operational level, Europol’s role their own members. 7
The European Policy to combat terrorism,
remains ¿rmly in the area of support. A Council Conclusions SN3926/6/01, 20
good example of this is on-the-spot sup- As explained earlier, there can be a Sept 2001
port for national police forces carrying out general misunderstanding in the public 8
2807th Justice & Home Affairs Council
seizures, arrests or investigations. For ex- view about Europol being an actual police meeting setting EU priorities for the ¿ght
ample the Europol Forgery of Money unit force in spite of the conspicuous lack of against organised crime based on the
has such sophisticated technical appara- one. Europol has no coercive powers 2007 organised crime threat assessment
tus for forensic analysis and identifying and continually strives to emphasise the 9
EU Council Architecture of Internal Se-
forged euro currency, that Europol of¿cers supportive nature of the work it carries curity, 9596/1/06 JAI 271
are frequently requested to assist with out, i.e., “to assist in improving the ef- 10
Draft Council Conclusions on the ROCTA
verifying criminal evidence. The forensic fectiveness and cooperation of the com- 6548/2/08. 28 March 2008
experts at Europol are available to all EU petent authorities in the member states 11
International Police cooperation against
member states on request. in preventing and combating all forms terrorism, Mathieu Deflem, IOS Press
of serious international organised crime 2007
Limitations of Europol and terrorism”. Given the opportunity 12
Against life, limb or personal freedom;
to speak to law enforcement authori- against property or public goods, including
Since the potential and the limitations of ties throughout Europe, Europol always fraud; illegal trading and harm to the en-
Europol are interlinked, it is easy to see promotes itself as a service provider and vironment (Annex to Europol Convention
how outside inÀuences can sometimes be a purveyor of expertise in areas comple- Consolidated version 18 April 2007)
detrimental to the success of Europol’s mentary to national investigations. This 13
House of Lords, European Union Com-
operations. Currently amendments to is a distinct advantage for the promotion mittee, 29th Report of Session 2007-08,
the Convention require protocols which of intelligence-led policing, since the Report with Evidence, Published by the
in turn require rati¿cation by the member services provided are in addition to the Authority of the House of Lords, London,
states. Implementation of new protocols expertise provided at national level. UK 2008
the new police in europe - 01/09 21

fertig 16 - 21 Ratzel_goe.indd 21 21.04.2009 15:54:58


WE WILL TAKE 730 MEGAWATTS FROM THE AIR
WE WILL DIG 800 MEGAWATTS FROM THE GROUND
When looking for effective solutions, we seek inspiration from the environment around us. In Poland, RWE strategy "More growth, less
CO 2" will result in the latest technology 800 MW hard coal power station being constructed in a joint venture with Kompania Węglowa.
This investment worth 1.5 billion euros will be made in Silesia and Wielkopolska. RWE is also planning construction of 730 MW wind
farms in the Mazurian and Pomeranian districts. These projects, as well as already made investments of 2.5 billion euros in total in -
among others - RWE Polska, RWE Stoen Operator, RWE Polska Contracting will make RWE one of the leading foreign investors in Poland.

Titel und Anzeigen_goe.indd 6 22.04.2009 09:26:24


Eurojust

The European Union’s Judicial Co-operation Unit


José Luís Lopes da Mota, President of Eurojust
This article describes the objectives and tasks of the European Union Judicial Coopera-
tion Unit established in 2002 and called EUROJUST. It outlines how Eurojust operates
and how it has developed its relations with national law enforcement authorities in the
Member States and with other European Union organisations active in the ¿ght against
serious cross-border and organised crime. The article includes examples of cases where
cooperation between law enforcement authorities, with the support of Eurojust and Eu-
ropol, has led to the dismantling of networks involved in the traf¿cking of human beings,
skimming crimes and child pornography on the internet. The aim is to explain the crucial
role Eurojust plays in the creation of a European Area of Freedom, Security and Justice,
and how it contributes to a more effective EU approach to combating serious cross-border
and organised crime.

Eurojust is a European Union body struments and institutions, such as the


established in 2002 to stimulate and im- European Judicial Network, Europol, and
prove the coordination of investigations the European Anti-Fraud Of¿ce (OLAF).
and prosecutions among the competent Eurojust was of¿cially created by a Council
judicial authorities of European Union Decision of 28 February 20021- hereinafter
Member States when dealing with serious referred to as the Eurojust Decision - but
cross-border and organised crime. The existed ‘avant la lettre’ as of 1 March 2001
organisation was set up as one of the as Pro-Eurojust, operating in Brussels.
Tampere milestones - a list of measures to Since December 2002 the unit has been
support the creation of a European Union based in The Hague. Eurojust is the ¿rst
Area of Freedom, Security and Justice body in the European judicial area with “Eurojust’s vision is to become a key
- which recommended the establishment competences in criminal matters and player in investigations and prosecutions
of a permanent judicial cooperation unit was set up to achieve three objectives: to involving two or more Member States by
to reinforce the ¿ght against serious or- improve cooperation between the national establishing and supporting coordination
ganised crime. competent authorities; to stimulate the between national authorities for effective
coordination of investigations and prose- judicial action against serious, cross-bor-
Eurojust would become a pool of experts, cutions of serious crimes involving two der and organised crime in the European
pro¿cient in criminal and procedural law, or more Member States; and to support Union.”
who are in direct contact with each other national authorities when dealing with
so as to enhance judicial cooperation in serious cross-border cases. and a non-Member State, or a Member
criminal matters between the Members State and the Commission, regarding
States of the European Union. Eurojust The overall aim of Eurojust is to improve criminal offences affecting the European
represents a new dimension to the tra- cooperation among Member States and to Community’s ¿nancial interests. It acts
ditional horizontal cooperation between enhance the effectiveness of investigati- upon any information or request emana-
the Member States in tackling criminal ons and prosecutions when dealing with ting from a competent authority of a Mem-
problems from a local and national cross-border and organised crime – e.g. ber State, and any information provided by
perspective. The new institution would terrorism, traf¿cking in human beings, drug a body competent by virtue of provisions
also provide added value to existing in- traf¿cking, fraud and money laundering adopted in the framework of the Treaties
- in order to bring criminals quickly and (European Judicial Network, Europol and
effectively to justice. Eurojust facilitates OLAF). Eurojust has a wide range of tasks
the execution of international mutual and powers in different areas. Speci¿cally
legal assistance and the implementation in relation to investigation and prosecution
of European Arrest Warrants. It enhan- procedures, Eurojust National Members
ces coordination between investigating and the College have the power to request
and prosecuting authorities by gathering the competent authorities of the Member
and transmitting relevant information in States to investigate or prosecute speci¿c
criminal cases, providing legal advice acts; to accept that one Member State is
and assistance on national criminal laws better placed to undertake an investigati-
and organising coordination meetings, on or to prosecute; to coordinate among
including the provision of both legal and competent authorities of different Member
logistical support, such as translation and States; to set up joint investigation teams;
interpretation services. It also enables a and to provide any information necessary
more effective exchange of information, for Eurojust to carry out its tasks.
ensures that national authorities inform
each other and supports coordination The College of Eurojust, which acts as the
among them. management board, is composed of 27
National Members, one from each Member
Eurojust can assist investigations and State. These National Members are senior,
prosecutions concerning two or more experienced prosecutors, magistrates or
Eurojust and the International Criminal Court, Member States, between a Member State police of¿cers of equivalent competence,
The Hague

the new police in europe - 01/09 23

23 - 27 Da Mota - Eurojust_goe.i23 23 21.04.2009 15:58:09


Eurojust

seconded in accordance with their respec- powers do not entail giving direct orders to Deputies and Seconded National Experts
tive legal systems and holding permanent the competent authorities in the Member who have experience in dealing with
seats in The Hague. Due to the signi¿cant States, and no enforcement system is in certain types of crimes, such as terrorist
increase in casework, most of them are place. crimes, traf¿cking in human beings and
supported by Deputies and Assistants of Eurojust organises three kinds of ope- fraud offences, or who are committed to
Seconded National Experts. The College rational coordination meetings: ¿rst, the support the work of Eurojust with regard to
of Eurojust is supported by an administra- Level I meetings, which are the plenary administrative and organisational issues,
tive team led by an Administrative Director meetings with all 27 National Members relations with the EU institutions or negoti-
and composed of units and services: Bud- that take place twice a week; second, the ations with third States and organisations.
get & Finance, College Secretariat, Data Level II meetings, which are meetings held These teams are supported by members
Protection Officer, Human Resources, among the National Members involved in of the administration, such as case ma-
Information Management, Legal Service, a case; and, ¿nally, the Level III meetings, nagement analysts and legal of¿cers.
Press & Public Relations and Security, attended by the National Members and Another interesting initiative was the ap-
Facility Management, General Services & prosecutors, judges and/or police of¿cers pointment in 2008 of a Contact Point at
Events. The secretariat of the European of the Member States involved in a case. Eurojust for Child Protection - at present
Judicial Network (EJN) is situated within the National Member for Sweden - who
the Eurojust Administration, functioning as Besides the casework, which is its core is setting up a centre of expertise in ju-
a separate and autonomous unit. business, Eurojust also organises strate- dicial cooperation in cases concerning
gic meetings on signi¿cant types of serious children.
Within the College of Eurojust, a Presi- organised crime, terrorism and other
dent has been elected – at present, Mr matters of interest to practitioners, such as The organisation’s competences are in-
José Luís Lopes da Mota, the National joint investigation teams, European Arrest creasing, and over the years Eurojust has
Member for Portugal - who has additional Warrants, and asset restraint and con¿s- been assigned new and important tasks in
responsibilities and obligations conferred cation procedures. The main objective of the ¿ght against terrorism and in relation
upon him by the Eurojust Decision. The these strategic meetings is to enhance to the European Arrest Warrant. Eurojust’s
President exercises his duties on behalf of judicial cooperation. These meetings give national correspondents for terrorist mat-
the College and under its authority, directs an insight into existing national procedu- ters have been appointed in line with the
its work, represents Eurojust and monitors res and practices, which vary among the Council Decision of 20 September 2005 on
the daily management ensured by the Member States. These meetings also the exchange of information and coopera-
Administrative Director. The President inform participants of new developments tion concerning terrorist offences2, and the
is assisted by two Vice-Presidents – at in certain areas of criminality, and contri- Council Framework Decision of 13 June
present, Ms Michèle Coninsx, the National bute to improving working relations with 2002 on the European Arrest Warrant³ has
Member for Belgium, and Mr Raivo Sepp, national investigators and prosecutors. introduced an advisory role for Eurojust in
the National Member for Estonia. For instance, in 2008 Eurojust organised case of multiple requests and obligations
strategic meetings on traf¿cking in human to notify Eurojust of breaches of time
The National Members meet in plenary beings and witness protection, terrorism, limits. Eurojust will also play a role in the
session twice a week to discuss casework cybercrime, preparation of the entry into implementation of the European Evidence
and to make decisions regarding the or- force of the Agreements on extradition Warrant and in the training of magistrates
ganisation and operation of Eurojust. The and mutual legal assistance between the in cooperation with the European Judicial
National Members work independently European Union and the United States of Training Network.
in liaison with their competent national America, and the OCTA.
authorities and should be seen as the We have already mentioned the new
continuation abroad of those authorities. The College has also delegated the Council Decision on the Strengthening
As national authorities they are granted preparation of its work to College teams, of Eurojust (hereinafter referred to as
certain powers by their home countries. which are composed of National Members, the “new Eurojust Decision”), which was
The extent of those powers is important,
as it indirectly determines Eurojust’s own
strength and authority.

Eurojust ful¿ls its tasks through its National


Members or as a College. It acts as a Col-
lege when certain circumstances occur,
as speci¿ed in Article 5 of the Eurojust
Decision. When Eurojust acts as a Colle-
ge, its powers are slightly stronger, given
that Member States need to provide the
reasons for not complying with a College
request, the only exceptions being due to
national security concerns or to the risk
of jeopardising ongoing investigations or
the safety of individuals. The new Council
Decision on the Strengthening of Eurojust
(see below) will extend this reporting duty
to situations where competent authorities
do not comply with a request submitted by
a National Member. However, Eurojust’s Meeting College of Eurojust and the Commission

24 the new police in europe - 01/09

23 - 27 Da Mota - Eurojust_goe.i24 24 21.04.2009 15:58:15


Eurojust

The Council Conclusions setting Euro-


pean Union priorities in the ¿ght against
organised crime, based on the Organised
Crime Threat Assessment (OCTA) and
the Council’s work on establishing an EU
Internal Security Architecture, reaf¿rm the
important tasks allocated to Eurojust with
regard to coordination of investigations
and prosecutions, participation in joint
investigation teams and organisation of
strategic meetings on organised crime
priorities. Eurojust’s mandate enables it
to address all types of serious crime. The
organisation has been active in cases
involving drug trafficking, fraud and/or
money laundering and traf¿cking in human
beings, and sees its work on terrorist cri-
mes as its highest priority. These ¿elds of
activity are consistent with EU priorities.
The graph below shows the main types
Case evolution 2002 - 2008 (Graphic 1) of crimes. Criminal activities dealt with
at Eurojust followed a similar pattern to
adopted by the Justice and Home Affairs of cooperation with other bodies, such as previous years.
Council on 16 December 2008. The new Europol, OLAF, Frontex and SitCen. With
Eurojust Decision is the result of an as- the new Eurojust Decision, Eurojust will Eurojust has established working relati-
sessment carried out after Eurojust’s ¿rst be able to improve its effectiveness in the ons with Europol. In accordance with the
¿ve years in existence, evaluating the ¿ght against serious organised crime and Eurojust Decision, Eurojust and Europol
effectiveness and unexploited potential of to provide even better support in criminal negotiated a Cooperation Agreement in
Eurojust on the basis of gained experience investigations in the Member States. 2004 to establish and maintain close co-
and identi¿ed constraints and limits. The operation relevant for the performance of
goal of the new Eurojust Decision is to ren- Eurojust has provided signi¿cant added their tasks and for achieving their objecti-
der Eurojust more effective. Its objectives value by assisting the competent authori- ves, particularly with regard to increasing
are the creation of a common minimum ties of the Member States in their national their effectiveness in combating serious
basis of National Members’ powers, the investigations and prosecutions. Member forms of international crime through the
setting up of an emergency coordinati- States are more frequently involving Eu- exchange of operational, strategic, and
on mechanism, the improvement of the rojust in complex cases requiring coordi- technical information and by coordination
transmission of information to Eurojust and nation efforts. Eurojust has experienced activities. Since 2004, much progress has
Eurojust’s case management system, the a continual increase in case referrals been made.
strengthening of cooperation between Eu- and coordination meetings. Since 2002, Eurojust has been associated with the acti-
rojust National Members and their national the number of case referrals has steadily vities of Europol’s Analysis Work Files, and
EJN contact points, the strengthening of increased year by year. In 2008 a total of Europol has been involved in Eurojust’s
judicial cooperation with third States by al- 1,193 cases were registered. The graph operational activities. In addition, Eurojust
lowing Eurojust to post liaison magistrates below shows the total number of case has contributed to Europol’s Organised
in these countries, and the strengthening referrals per year. Crime Threat Assessment (OCTA) and EU
Terrorism Situation and Trend (TE-SAT)
reports. Cooperation between both orga-
nisations will be enhanced by the secure
communication link established between
the two organisations and the setting up
in June 2008 of a task force mandated to
further improve the cooperation between
Eurojust and Europol by the amendment
of the Cooperation Agreement, adoption
of which is foreseen in the ¿rst half of
2009.

OLAF is also a privileged partner of Euro-


just. In 2003, Eurojust and OLAF signed a
Memorandum of Understanding to set up
an integrated approach in dealing with EU
budgetary fraud. In 2008 this Memoran-
dum was replaced by a Practical Agree-
ment on Arrangements of Cooperation,
de¿ning modalities for closer cooperation
between Eurojust and OLAF, in particular
Main crime types 2008 (Graphic 2) on the exchange of information.

the new police in europe - 01/09 25

23 - 27 Da Mota - Eurojust_goe.i25 25 21.04.2009 15:58:20


Eurojust

Eurojust has been recognised outside with heroin that was ready to leave the case involved a large criminal group
the European Union as an important the southern Balkans for Sweden that dealing in people smuggling. At the
partner in judicial cooperation. It has sig- same evening. Sweden had asked for request of the Spanish investigating
ned formal cooperation agreements with a controlled delivery, which meant that prosecutors and judges, the Spanish
several non-EU states: Norway, Iceland, the car was to be under surveillance National Member asked Eurojust to
the United States of America, Croatia, the throughout its journey without being coordinate the execution phase in four
Swiss Federation and the former Yugoslav stopped at the borders. Since the route Member States and to facilitate mutual
Republic of Macedonia. All agreements was unknown, the countries reques- legal assistance and the execution of
contain provisions on the exchange of ted to provide assistance were quite European Arrest Warrants.
personal data. At present, liaison prose- numerous: Serbia and Montenegro, Two coordination meetings were held
cutors from Norway and the United States Croatia, Slovenia, Hungary, Austria, among the National Members and the
are stationed at Eurojust. Arrangements Germany, the Slovak Republic, the judges and prosecutors of the countries
have been made to open negotiations with Czech Republic and Denmark. Given involved. In the course of these two
the Russian Federation, Ukraine, Moldova that the operation required swift action, meetings, an agreement was reached
and Liechtenstein. Eurojust is also nego- the Swedish National Member called that the National Members involved
tiating a Memorandum of Understanding an urgent meeting with all the National should ask their national authorities to
with IberRed, a network of contact points Members involved. consider opening an investigation on
for judicial cooperation in Latin America. A request was issued for mutual legal the facts and suspects identi¿ed by the
assistance in their countries and per- Spanish police. Thereafter, subsequent
Member States have bene¿ted from the mission from all countries involved was coordination meetings were held, at
support and added value that Eurojust granted within two hours. Since Europol which time more detailed matters, such
has delivered in complex cases. Below, was involved via Eurojust in the coordi- as the date of execution of arrests or
as examples, are a few case illustrations nation of police and customs cooperati- house searches, were dealt with. The
to demonstrate that a successful out- on, the Eurojust National Members also joint operation was managed from
come also depends on good cooperation gave instructions to their respective Malaga, where a delegation from Eu-
between Eurojust, national judicial autho- national desks at Europol. When the ropol and Eurojust was sent to Spain
rities, police forces and other European car started its journey one day later to establish a mobile of¿ce from which
organisations, in particular Europol. than expected, it became apparent that operations could be coordinated direct-
it was headed for the Swiss border. As ly in the ¿eld.
• In quite a few cases, Eurojust has been no permission for a controlled delivery
consulted with a question related to had been requested from the Swiss au- • Another example of good coordinated
positive conÀicts of jurisdiction. In one thorities, the German police, who were police and judicial action was Operation
case, Eurojust was called to advise following the car, decided that it would Koala. The case began when a child
whether Germany, Spain or France be better to seize the drugs before the abuse video that had been produced
was in a better position to prosecute a car reached the Swiss border. in Belgium was discovered in Australia.
case. The case involved investigations The “preventive seizure”, however, The producer of the material, an Italian
against a German national who was in would have eliminated the possibility of national, was arrested. He was running
detention in Germany and suspected prosecuting the intended recipients in a website through which he sold over
of having committed 19 murders and Sweden. Another valid solution had to 150 self-made, sexually explicit videos
attempted murders. The accused had be found quickly, so Eurojust’s Swedish of underage girls.
confessed in six cases, three commit- National Member issued a request for This business had been running for
ted in Spain, two in France and one in mutual legal assistance, which was a year and a half, generating con-
Germany. The prosecutor investigating sent via Interpol to the Swiss authorities siderable profits from around 2,500
the case contacted the German Natio- and which was granted when the car customers worldwide. The information
nal Member at Eurojust requesting an was only 20 minutes from the Swiss from Australia was routed via Interpol
opinion on which of the three countries border. Ultimately, the car was stop- to Belgium and Europol. The keys to
involved was in a better position to ped in Sweden, where six people were the success of this operation were the
prosecute the case. arrested and 12 kilos of heroin were provision of valuable data by Member
When asked to issue a recommenda- seized. The accused were prosecuted States and Interpol and crime analysis
tion, Eurojust takes note of the legal in Sweden. for more than a year, carried out by
issues and practical matters at stake, specialists dealing with online child sex
along the lines of the Eurojust Guideli- • In Operation Trufas, sixty-¿ve people abuse cases at Europol, and the judicial
nes on the prevention of positive con- suspected of involvement in a peo- coordination carried out by Eurojust.
Àicts of jurisdiction4. Eurojust delivered ple-smuggling network were arrested The abusive material was mainly produ-
its opinion that the German judicial throughout Europe. The operation was ced in Ukraine and some material was
authorities were better placed to deal conducted by the Spanish National ¿lmed in Belgium and the Netherlands.
with the totality of the offences allegedly Police with the support of Europol. In Eurojust and Europol, working in close
committed by the accused and asked the course of the Spanish-led investi- cooperation, invited representatives
the national authorities of the Member gations, it soon became apparent that from 28 countries to several opera-
States involved in the case to accept the criminal network had connections tional meetings in The Hague. This
that the German authorities were in a in several other EU Member States. remarkable level of cooperation with all
better position to prosecute the case. The Spanish police of¿cers involved, Eurojust National Members, requesting
who were working closely with the Spa- their national authorities to follow the
• In a drug traf¿cking case, the National nish prosecutors and judges, submitted deadlines established for the common
Member for Sweden was contacted by reports containing vital information on operations, contributed to the success
his authorities regarding a car loaded the case, which also highlighted that of the joint Europol-Eurojust operation.

26 the new police in europe - 01/09

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Eurojust

Subsequent investigations were initia- awareness in the Member States of the 1


Council Decision of 28 February 2002
ted by the national authorities, which real and potential added value Eurojust setting up Eurojust with a view to reinfor-
led to a signi¿cant number of arrests, can offer. The same applies to other cing the ¿ght against serious crime, OJ,
the seizure of a considerable amount European Union organisations, such as 2002/187/JHA, L 63/1, 6.3.2002.
of child abuse material and the convic- Europol, that are involved in combating
tions of the perpetrators. serious and organised crimes. 2
Council Decision of 20 September 2005
on the exchange of information and coo-
One ¿nal example is a case where Euro- We believe that the establishment of peration concerning terrorist offences, OJ,
just and Europol played an important role Eurojust was a landmark in the efforts to 2005/671/JHA, L 253/22, 29.9.2005.
in the dismantling of a large international create an Area of Freedom, Security and
skimming network involving nine Member Justice. Establishing trust and con¿dence 3
Council Framework Decision of 13 June
States. Fifteen persons suspected of being amongst the different legal systems in the 2002 on the European Arrest Warrant
part of a skimming network were arrested European Union, as well as in the work and the surrender procedures between
throughout Europe. The investigations of Eurojust and its National Members, is the Member States, OJ, 2002/584/JHA, L
and prosecutions took place in Belgium, crucial for the development of a European 190/1, 18.7.2002.
Germany, Ireland, Italy, Romania, Spain, criminal justice area. Eurojust is working
the Netherlands, the United Kingdom, towards promoting a new overall European 4
See the Eurojust Annual Report of 2003,
Australia and Canada. As a coordinated approach to cross-border crime by cont- pp. 61-66, http://www.eurojust.europa.
approach in both EU and non-EU countries ributing to the development of a criminal
eu.
was needed, the case was referred to Eu- justice area based on the different natio-
rojust and Europol. Several coordination nal legal systems of the Member States.
meetings took place at both organisations Eurojust’s goal is to play an effective and
to prepare the arrests and the 34 house ef¿cient supporting role in cross-border
searches that took place. investigations and prosecutions and to
For more information on Eurojust, see:
Promoting our organisation remains an contribute to the creation of a high level of
http://www.eurojust.europa.eu
important task. There is a need to increase safety within the European Union.

the new police in europe - 01/09 27

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KPMG - operation QUEST

Operation QUEST: transforming the UK’s police forces

‘QUEST, for me, represents a great step forward in supporting of¿cers and staff of public con¿dence. The Green Paper
to focus on the job they signed up for; it frees up front line resource; it focuses also set out details of a new policing
on what is important; it lets managers manage; and, most fundamentally, it al- pledge consisting of a national standard
lows frontline of¿cers to improve the service they provide to the public – where on what people can expect from the
it counts.’ police underpinned by a series of local
priorities agreed with people in each
Jacqui Smith, UK Home Secretary, March 2008 neighbourhood.

The national context – increasing In recent years many forces have been Operation QUEST – delivering su-
expectations and decreasing bud- faced with a rising backlog of calls for stainable transformation of police per-
gets service coupled with considerable ad- formance
ministration for ongoing investigations.
In the UK, as in the rest of Europe, the This has given of¿cers less time to Within this context many police forces
police service is under considerable spend actually engaging with commu- are examining their operational pro-
pressure to deliver better performance nities and ¿ghting crime, and with work cesses to understand what it takes to
for less money. This has stretched piling up, there has been evidence of deliver enhanced levels of customer
the resources of many forces as they public dissatisfaction and a lack of service whilst becoming more cost
attempt to tackle terrorism, improve con¿dence. The traditional approach effective. Operation QUEST is a UK
neighbourhood policing, cut crime and to tackling performance challenges has Home Of¿ce sponsored programme
increase detection and conviction rates. been to push through changes from the of work focused on operational per-
With the UK Government’s 2007 Com- very top by means of targets and com- formance improvement and value for
prehensive Spending Review having parative performance measures. This money. QUEST was ¿rst trialled with
reduced the funding available to forces has often led to resistance from those Merseyside Police, Suffolk Police and
in real terms, the police service is acu- on the front line, who feel that such the Metropolitan Police Service in
tely aware of the need to ¿nd ways to initiatives merely create additional bu- 2006.
be more ef¿cient and effective and help reaucracy and add to their workload. The objective was to apply proven
allay the public’s fear of crime. approaches to process improvement
Last July the UK from the private sector, coupled with
Government pub- the deep first hand knowledge and
lished a policy experience of police of¿cers and police
paper setting out staff, to identify signi¿cant opportunities
a vision for the to improve police performance. The
future of policing, trial was suf¿ciently successful in de-
centred around livering increased capacity, improved
the needs of lo- performance and tangible ef¿ciency
cal communi- savings to justify the Home Office
ties. Two of the continuing its support. The journey
key themes were had begun on the road to transforming
around cutting police performance in the eyes of local
red tape to give communities.
the police service
more freedom to Following the success of the ¿rst pha-
get on with redu- se of QUEST, 2007 saw a further four
cing crime and a forces undertake the second wave:
radical shift away Lancashire, Cheshire, Thames Valley
from ‘top down’ and Avon and Somerset. Last year
performance ma- Norfolk, Sussex and Wiltshire Police
nagement arran- took part in the third wave and a further
gements. In light four forces, Greater Manchester, West
of this the current Yorkshire, North Wales and Devon &
set of compara- Cornwall, are currently participating
tive performance in QUEST 4. Each project is centred
measures is around an intensive six-month period
being replaced by of full time, on-the-ground support, fol-
a single national lowed by continued help on a smaller
target for police scale as the forces begin to indepen-
forces – to deliver dently pursue ongoing improvement
Figure 1: The QUEST network
14 forces have participated in the programme so far since its inception in 2006. increased levels opportunities.
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KPMG - operation QUEST

QUEST Intensive Phase


issues relevant to its own commu-
(6 months) nities and, importantly, arrive at its
own solutions; the rationale being
2.1
2.1 2.2 2.3 2.4
that those who live with the chal-
Opportunity&
Mobilisation
Identification
Business
Case
Detailed
Solution
Implementation
Implementation,
and Tracking
lenges of policing on a daily basis
Opportunity Support &
x
Identification Development Design x
Monitoring are best equipped to generate
(Weeks
(5 1 - 4)
Weeks) (Weeks 5 - 8)
(6 Weeks) (Weeks 9 - 15)
(6 Weeks) (Weeks
(7 16 - 24)
Weeks) and action relevant improvements.
Activity:
The joint
joint QUEST
Activity:
A number of the
Activity:
A detailed
Each project is
Activity:
Each project ‘goes
Giving staff such independence
The QUEST team
is mobilised through a
week long ‘QUEST
opportunities
identified are
will be
implementation
developed
plan is
develops a detailed
for each
implementation plan,
live ’ in an
operational area.
can require a real leap of faith for
Academy’ training
course. The process
developed into
outline
outlinedbusiness
business
project,
given for
with
with consideration
consideration given to
The joint team takes
responsibility for
senior of¿cers who may be more
organisational,
work streams then
start to identify areas
cases. A full
cost/benefit analysis
organisational,
process, people,
process, people,
systems and
supporting the
activity; delivering accustomed to traditional ‘top-
of underperformance,
team will use the
down’ management styles. If the
is performed along systems and training and advice,
map processes and stakeholder issues.
1.
1. Planning
Planning identify issues through
with an evaluation of stakeholder issues.
New or revised
and assisting 3.
3. QUEST
QUEST
New or revised supervisors and
force wants to focus on volume
risks and
Phase
Phase workshops and
interviews. development of a
processes and protocols
protocols
are developed along
managers. Syndicate
Syndicate
high level are developed along A range of
(1 month)
(2 months) Issues then undergo
an initial fact based implementation plan.
with training and
with training and
communication
communication
performance measures
are tracked for each
(6months)
(6 months)
crime, Operation QUEST uses the
analysis to build an
understanding of the
size and scope of the
materials, role
materials, role
descriptions and
descriptions and
project to evaluate
success and where ‘racetrack’, a high level process
performance necessary processes
problem. performance
measures.
measures.
are refined further. map to help examine the blocks
Output: Output: Output: Output: to performance in key operational
Chief Officers are
presented with a pack
The ACPO
Based uponlevel
presented
the facts
Chief
force lead will be
Chief
The SROofficers
andand
all all
internal stakeholders
Real change
delivered in a live areas (see Figure 3). This allows
which identifies issues, Officers decide which are involved
will be in the
involved in the operational
the joint team to quickly ascertain
presented with each
evidence, impact and projects should be
business case, and ratification of the plans
plan environment, with
areas of opportunity. A taken forward
using the facts to ensure that they performance uplift
shortlist of issues are
identified for further
immediately
provided will to design
make
and implementation.
a are operationally
robust and fit for
measured through
the performance
the scope and scale of issues and
decision as to which
evaluation during the
business case phase.
Others may be ‘parked’
projects are taken
for the force to
forward.
purpose. management
system.
adds rigour to the subsequent
progress later.
prioritisation process.
Figure 2: The QUEST Approach – process improvement
Detailed data analysis is underta-
ken to ensure that any decisions
The end-to-end volume crime policing process is divided into four ‘process areas’ around which the workstreams of a to change the way forces work
QUEST project are typically structured
are fact based. Issues are then
1. Incident management and resolution 1. INCIDENT MANAGEMENT taken forward rapidly through
Contact from the Appropriate
Scene
Calls from the public are graded and filtered
appropriately. Where necessary an officer is detailed analysis, business case
attendance
public resource dispatched.
development, solution design and
2. CRIME RECORDING & INVESTIGATION
Assessment Deployment
Primary investigation is conducted either by
implementation stages. At the end
Assessment
Trial (CPS) 4. Patrol and proactive operations
the officer at the scene or by telephone. A
crime report is recorded. Secondary
of the initial six month intensive
• Gather intelligence
Investigation is carried out for appropriate
crimes, possibly leading to an arrest.
period the force is left with real
File building
• Analyse and assess
Crime recording
3. DEFENDANT MANAGEMENT solutions that are fully embedded
• Task and deploy
Following arrest the defendant is taken into
custody and interviewed. A disposal decision
and delivering results.
Investigation
is then made, typically either charge, bail
Evidence Management
pending further enquiries or no further action.
Custody
assessment
(Force / CPS) The work is always accompanied
4. PATROL AND PROACTIVE
Custodial
Arrest
This encompasses all activity relating to the
by establishing a framework of
OPERATIONS
Alternative
disposal
2. Crime recording
gathering and analysis of intelligence and the
subsequent deployment of proactive
measures to track performance,
3. Defendant management and investigation resources. both before and after go-live, and
Figure 3: The ‘Racetrack’ embedding these into the force’s
‘business as usual’ reporting arran-
How QUEST works tify opportunities to improve operational gements. Following the six month
performance and ef¿ciency by designing intensive phase forces transition to a
The fundamental objective of Operation out wasteful activity. The integrated further six month period of ‘light touch’
QUEST is to foster and support a ge- teams comprising KPMG, Home Of¿ce support as they begin to roll out the pilot
nuine step-change in the way in which and police personnel examine front
the police service thinks and operates. line policing processes, quantify the
“QUEST has reposi-
It has been speci¿cally designed to help key issues and design and implement tioned the Home Of-
police forces change the way in which a series of practical improvements that ¿ce and government
they view and approach the core disci- can be delivered quickly to bring im- as being supporters
plines of performance improvement and mediate bene¿ts. These have included and enablers…rat-
change management. For this reason new ways of responding to calls from her than a source
the intensive six month assisted phase the public; new approaches to recording of top-down central
is based around two main workstreams and investigating crime; greater speed control. It’s a culture
change programme
– process improvement and sustaina- and ef¿ciency in dealing with those in
masquerading as a
bility. custody; and more effective and ef¿ci- productivity impro-
ent ways of capturing and processing vement programme.”
Process improvement intelligence.
The process improvement workstream Dr Robert Arnott, Head of Value for Money
uses tried and tested techniques to iden- Each force is encouraged to target and Productivity Unit, UK Home Of¿ce

the new police in europe - 01/09 29

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KPMG - operation QUEST

Through one-to-one coaching,


team working, formal training
What is sustainability? and on-the-job learning, of¿cers
Sustainability w ithin QUEST means embedding the ability to continuously improve develop the skills and con¿dence
performance. The four tiers of the pyramid highlight the different levels at w hich the QUEST to proactively review and improve
approach needs to be understood and adopted in order to become truly sustainable. their own operational performance.
Any underlying cultural issues that
Tier 1 – ensuring the
solutions implemented in the
could impact performance are
initial geographic area can be TIER 1 also diagnosed and discussed,
sustained. BCU with plans put in place to address
Tier 2A - embedding the Tier 2C – creating the ability these in the longer term. Growing
solutions from the pilot TIER 2A TIER 2C w ithin force to conduct future a wider QUEST network of forces
location into the force. ROLL OUT FORCE performance improvement
TO FORCE CONTINUOUS projects w ithout significant
(known as QUEST Syndicate) is
Tier 2B – ensuring that
the QUEST forces play
IM PROVEM ENT external assistance. also key to the ongoing success
an active part in cross- TIER 2B QUEST NETWORK of the programme. Force teams
force w orking are brought together regularly
Tier 3 – follow ing the intensive 6 throughout the intensive six month
month phase, QUEST Syndicate TIER 3 phase to discuss lessons learned
forces continue to share experiences QUEST SYNDICATE
and ideas through netw orks and and to share solutions, tools and
cross-force w orkshops. techniques. Police officers and
staff from across the network of
Tier 4 - seeks to influence the climate QUEST forces are also involved in
TIER 4 in w hich the programme operates by
SERVICE LEVEL engaging the w ider Police Service and these sessions, as well as guest
its supporting agencies. speakers with expertise on a wide
range of policing issues.
Figure 4: The QUEST sustainability pyramid
As well as the transfer of practical
skills and knowledge QUEST uses
a range of organisational and cul-
An example of ‘current’ and ‘ideal’ OCI cultural profiles for a police force tural diagnostic tools, such as the
Organisational Cultural Inventory
(OCI), to help diagnose and tack-
Current Ideal
le any underlying cultural issues
which may impact upon delivery.
This is critical in assisting each
force to develop constructive lea-
dership values and behaviours.
Figure 5 provides an example of
‘current’ and ‘ideal’ OCI cultural
pro¿les for a typical police force.

Case studies

Operation QUEST delivers value


Figure 5: Analysing values and behaviours using the Organisation Cultural Inventory (OCI)
in a number of ways by improving
operational performance and
customer satisfaction; delivering
projects forcewide and also initiate new thods. Delivering sustainable change substantial ef¿ciencies and cost sa-
process improvement projects in other is the most important element of the vings; and building the understanding,
areas of operations. QUEST programme, and as such it is con¿dence and capability to continue
at the heart of the approach from day this as a normal way of operating. The
Building sustainability one. Running alongside the process split of these bene¿ts is different in
improvement work is the sustainability every force. Each force faces its own
The six month intensive support period workstream, which aims to equip each unique socio-economic, demographic
of Operation QUEST is just the start. force with the skills and ability to deliver and criminal environment, resulting
QUEST was conceived as a programme bene¿ts in three stages, as shown in in a broad array of challenges and
of continuous improvement, within the ‘sustainability pyramid’ in Figure 4. priorities.
which each force develops the skills In this workstream there is a particular
and con¿dence to review and improve focus on performance management, The QUEST approach is designed to be
its own operational performance through training, governance, communication Àexible to cope with these differences,
the ongoing application of lean me- and leadership behaviours. and to deliver bespoke solutions which

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KPMG - operation QUEST

target the issues that matter most to Of the four process areas typically police staff involved in this function.
a force. The following case studies examined as part of QUEST some of This area is also one of the primary
provide some specific examples of the greatest ef¿ciencies have been interfaces with members of the public
some of the projects implemented in delivered have been in relation to In- and often provides fertile ground for
four participating forces. cident Management and Resolution. enhancing levels of customer service
This is perhaps not surprising consi- coupled with substantial efficiency
Merseyside Police – Incident Manage- dering the volumes of telephone calls savings.
ment and Resolution and incidents that forces need to deal
with, and the numbers of of¿cers and

M erseyside Police
(Implementation period April’06 – July’06, this project
w as one of nine projects implemented)

Solution M erseyside introduced revised call grading and


incident resolution protocols, using a Customer
Service Desk to match w orkloads to resources and
maximise the use of telephone resolution, scheduled
appointments and surgeries.

Performance z 22% increase in grade 2 incidents attended w ithin


results target times (65% to 87% incidents w ithin target -
7,191 to 9,234 incidents).
z 18% reduction in incorrectly graded grade 2
incidents (51% to 33%), and 22% increase in
grade 3 incidents (30% to 52% grade 3 incidents).
z 70% of grade 3 incidents are now resolved
w ithout deployment of frontline officers.
Projected z £ 757k p/a officer time officer time savings in pilot
annual division (Liverpool South) equating to 13.3% of
savings response/neighbourhood team budget.

Force grade 2 attendance w ithin target (%)


100 Project Go Live
April’06
95
Grade 2 attended w ithin target time (%)

90

85 87% Post Go live


average
80

75
70 Sustained performance above target

65 Baseline
65%
60
22% increase from baseline
55
50
M any of the other QUEST Aug- Nov- Feb- May- Aug- Nov- Feb- May- Aug- Nov- Feb- May- Aug-
forces have also delivered 05 05 06 06 06 06 07 07 07 07 08 08 08
successful projects in this area

the new police in europe - 01/09 31

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KPMG - operation QUEST

Avon & Somerset Constabulary


– Crime Recording and Investi-
Avon & Somerset Constabulary
gation
(Implementation period November’07 – January’08, this
project w as one of eight projects implemented)
Crime recording and investiga- Solution This project delivered an improved process for
tion is the second area typically progressing Violence Against the Person (VAP) crime.
Introducing tw o main changes; creating a revised
examined. A major driver in this timeframe policy for assault crimes to improve
area is the substantial impact on attendance and secondly, revising investigation
management processes to improve timeliness. This
victim/customer satisfaction that has sped up the transfer of cases betw een the crime
good or bad performance can recording staff and the district Crime M anagement
Unit, developing a team focus on executing arrest
have and of course, the desire to packages quickly.
maximise quality, timelines and Performance z 12.9% increase in ABH detections (23.2% to
detections. Areas as varied as results 36.1% ) and 9% increase in common assault
detections (27.1 to 32.5%).
crime recording, screening and z Timeliness of arrest has improved by over 70%
allocation processes, investigati- for both ABH (15.5 to 3 days) and common assault
(25.5 days to 7 days).
on standards and victim follow up z Time taken to contact victims is 90% faster; ABH
have been examined to date. has reduced 8 days (8.5 to 0.5 days) and common
assault 12.5 days (15.5 to 3 days).
Projected
annual z N/A
savings

Bristol ABH detections


50%

40% 12.9% increase in


ABH detections 36% Pilot
average
30%
23% Baseline
average
20%

10%

0%
Bristol East Bristol South Bristol BCU
Baseline (April'07 - Oct'07) Pilot (Nov'07 - Jan'08)

Wiltshire Police – Defendant Ma-


nagement
Wiltshire Police
(Performance metrics based on 5-w eeks “ Go-live” results
The primary objective of the custo- since implementation on 15 September ‘08), this w as one
dy process is to ensure the safety of six projects implemented)

of the detainee and comply with Solution Wiltshire Police implemented processes to enable the
Custody Sergeant to more effectively supervise the
relevant legislation. However, Custody Unit, w hile Detention Officers book in and
process prisoners. This is supported by the use of a
current practices mean that cus- ‘Queuebuster’ function w here arresting and escorting
tody frequently absorbs frontline officers carry out the administrative tasks of booking in
process at busy times. The Evidence Review Officer and
resources, removing them from Bail M anagement processes have been revised to drive
core duties. This impacts on the positive disposals and deliver improved Offences
Brought to Justice outcomes.
visibility of of¿cers on the street
and on operational performance. Performance z 69% reduction in average w aiting time to see a
results Custody Sergeant (26 minutes to 8 minutes).
Prompt and effective evidence re-
view and decision making enables Projected z Low level officer and detention officer time saving in
annual the pilot BCU from reduced custody waiting times.
forces to direct resources towards savings
securing positive outcomes.
Custody w aiting time

30 50% reduce in custody w aiting time

26minutes
25 Baseline
‘Airlock’ time (minutes)

20

15
13minutes
Go Live average
10

0
Week 1 Week 2 Week 3 Week 4 Week 5

32 the new police in europe - 01/09

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KPMG - operation QUEST

Norfolk Constabulary – Patrol and


Norfolk Constabulary Proactive Operations
(Performance metrics based on 12-w eeks “ Go-live”
results since implementation on 28 July ’08, this w as Many forces experience issues
one of seven projects implemented)
QUEST implemented a new intelligence framew ork
with the quality and relevance of
Solution
across the constabulary, designed to improve the intelligence submitted by of¿cers,
quality, relevance and accuracy of intelligence who are often not aware of what
submissions. All intelligence staff and over 750
officers w ere trained in the new processes and w ays constitutes ‘good’ intelligence. This
of w orking. QUEST also implemented standardised can lead to excessive workloads
roles and responsibilities and a performance
management framew ork w ithin the Intelligence Units for intelligence analysts, backlogs
as a precursor to complete centralisation. This has of intelligence reports waiting to be
established common w ays of w orking and has more
than doubled the productivity of the units in terms of reviewed and severe delays getting
the numbers of intelligence reports (IRs) being critical intelligence onto the system,
processed.
where it can be accessed by of¿-
Performance z 92% reduction of intelligence report (IR) backlog cers. This is often compounded by
results over 12 w eeks (5,699 to 445 IRs).
z 121% increase in total IRs processed per w eek poor productivity and processing
(515 to 1,139 IRs). rates, failure to link records relating
z 82% reduction in the time taken to allocate crimes
for investigation follow ing crime recording (21.1 to to the same individual and high
3.7 hours). levels of duplication of the same
Projected
annual
z Total police officer and police staff time saving in information across multiple force
intelligence units of £305k p/a, equating to 31% of
savings
budget for the intelligence function.
systems. Combined, these factors
Force Intelligence Report backlog
can seriously reduce the usability of
6,000 5,699 IR Baseline the intelligence system, undermine
of¿cers’ con¿dence and impede ef-
Number in IR Backlog

5,000 Baseline

4,000
3,000
Total backlogged IRs
fective tasking of resources in line
2,000 with force priorities.
1,000 92% reduction in IR backlog, w ith further
reduction expected
0
1 2 3 4 5 6 7 8 9 10 11 12
Go Live w eeks

Further information
Home Office – Robert Arnott Operation QUEST is now widely
Robert Arnott regarded as one of the leading and
Tel: 02070351756 most successful performance impro-
Email: vement programmes in UK policing.
robert.arnott@homeoffice.gsi.gov.uk Ten forces have already bene¿ted,
reporting tangible and signi¿cant
performance uplift and cashable
bene¿ts, and a further four forces
are currently participating in the
KPM G – Rosemary Scully programme. In recognition of this,
Operation QUEST was awarded
Rosemary Scully the Best Performance Improvement
Tel: 020 7311 1516 Programme award at the inaugural
Email: 2008 Home Of¿ce Supplier Value
rosemary.scully@kpmg.co.uk Awards. We welcome enquiries. If
you would like any further informa-
tion on Operation QUEST please
contact either Robert Arnott, Rose-
mary Scully or Nicholas Fox.
KPM G – Nicholas Fox
Nicholas Fox
Tel: 020 7311 5046
Email:
nicholas.fox@kpmg.co.uk

the new police in europe - 01/09 33

28 - 33 KPMG_goe.indd 33 22.04.2009 07:46:09


OLAF

The European Anti-Fraud Of¿ce (OLAF)


Franz-Hermann Brüner, Director-General of OLAF
The European Anti-Fraud Of¿ce (OLAF) was created as an “independent administrative
body” by a decision of the European Commission in the year 1999.1 It is in charge of
conducting (internal) investigations in all EU bodies and institutions in cases of corrup-
tion, fraud and other serious offences against professional duties at the expense of the
EC budget. With an institutional agreement in May 1999, the investigative competences
of the agency were expanded in order to include all unlawful actions conÀicting with EU
¿nancial interests for which EC employees can be held to account under administrative
or penal law.

The current sphere of activities of the agency2 shows that many things have changed in
the ¿eld of combating fraud and corruption in the last nine years since the founding of
OLAF. Hence it would not be exaggerated to call OLAF a success story.

Basic principles employees of the Community which are OLAF must have access to all premises,
possibly punishable under disciplinary information and documents of the bodies,
OLAF is assigned to carry out so-called regulations or even penal law. institutions, agencies and administrations
administrative investigations (both internal in order to carry out internal investigations.
and external). This term includes all con- The external administrative investigations Access can be demanded without prior no-
trols, inspections and other measures that are aimed at strengthening the combating tice and is to be granted immediately.
personnel of the agency carry out according of fraud, corruption and all other unlawful OLAF may check the accounting of the
to their competences under the regulation acts committed at the expense of the EC aforementioned institutions. The agency
(EC) Nr. 1073/199 (Articles 3 and 4) in order budget. In doing so, OLAF is executing can duplicate all documents and the con-
to achieve the aims de¿ned in Article 1 of powers of the European Commission. tents of all media in their possession, or
the mentioned regulation. demand extracts and seize the documents
OLAF has several tasks to fulfil. The and information if necessary to impede
Meanwhile, the investigations are aimed agency is not limited to carrying out inves- its extermination. It can also question the
at combating fraud, corruption and other tigations. members of the bodies and the staff of the
unlawful acts committed at the expense aforementioned institutions.
of the EC budget. Furthermore they are Its further tasks are:
meant to uncover serious offences against • Developing concepts for combating OLAF is entitled to carry out controls on the
professional duties by functionaries and fraud; premises of involved economic players in
• Contributing to cooperation between the order to gain access to information in their
Commission and the Member States in possession related to possible irregulari-
the ¿eld of combating fraud; ties. The agency can also request informa-
• Preparing initiatives of the Commis- tion from all players it deems of relevance
sion; for its investigations.
• Ful¿lling all operative tasks in connection
with combating fraud for the Commis- The personnel of the agency has to present
sion; a written authorisation in the scope of their
• Developing the necessary structures; work. They carry out the investigations
• Gathering and evaluating information; without interruption, and ensure that the
• Providing technical support for other duration of the investigations is adequate
bodies, agencies, administrations and to the circumstances and the complexity of
institutions and the public authorities in the case in hand.
charge in the Member States;
• Being available as a direct contact for Investigative authorities
police and judicial agencies;
• Representing the Commission on the The investigations within the scope of ad-
responsible panels at a unit level. ministrative law carried out by OLAF should
not to be confused with audits. Audits are
The director of the agency is not allowed aimed at controlling the orderliness and
to accept or ask for instructions from the the correct implementation of relevant legal
Commission, a government, another body, regulations in order to reveal administrative
institution, agency or administration. de¿cits or irregularities.
If the director is of the opinion that a Contrary to this, OLAF’s work consists of
measure of the Commission questions his precise and concrete investigations with
independence, he can bring suit against the aim of uncovering facts and/or unlawful
the Commission at the Court of Justice. behaviour which possibly provide a reason
He is authorised to commence investiga- for disciplinary measures or prosecution
tions independently. This is another way under penal or administrative law against
in which the independence of the of¿ce is physical or legal persons. This can include
ensured. the reclamation of funds that were acquired
headquarter OLAF

34 the new police in europe - 01/09

34 - 36 OLAF_goe.indd 34 22.04.2009 07:51:36


OLAF

or used illegitimately. Conclusions drawn


during a normal auditing procedure might
well be a basis for further detailed investiga-
tions by OLAF.

As soon as irregularities that are relevant


under criminal law aspects emerge, person-
nel from a unit of the agency, comprised
of prosecutors and judges of the Member
States, are called in. They remain available
for the team working on the case. They
are in charge of organising the gathering
of evidence in such a way that the results
can be used in penal proceedings in the
Member States.
After carrying out an investigation, a re-
port is ¿led which complies with the legal
requirements of the Member State in which
the proceedings will take place. The reports
composed in this way are considered as
legitimate evidence (analogous to reports
and opinions of domestic authorities) within
the scope of administrative or judicial pro- Three case studies will be presented was a full success, regarding the coordi-
ceedings of the Member States in which below: nation of the individual measures at EU
their employment proves to be necessary. level. Overall, 67 containers with illegal
They are judged according to the same cri- 1. Internal investigation within an EU dele- commodities were detected.
teria as administrative reports of domestic gation Most of these containers held fake clo-
inspectors and are to be considered as The Directorate-General External Re- thes, furniture, suitcases, shoes, elec-
being of the same value.3 lations of the European Commission trical appliances, sun glasses, football
informed OLAF about ¿nancial irregulari- goods, as well as fake mobile phone
The report composed after an external ties within a Delegation of the European accessories, toys and so on. Overall,
investigation and all ‘useful’ documents Commission in an African state in 2005. 557,000 items were seized. One con-
are conveyed to the authorities in charge in A random control of the delegation’s tainer held non-declared poultry.
the Member State in question.4 The same book-keeping resulted in the suspicion 20 of the 67 containers held a total of
applies correspondingly to internal inves- that an employee in the pay of¿ce had 134,448,000 fake cigarettes.
tigations. The addressees are obligated to possibly defrauded large sums. The possible de¿cit in customs and tax
take the necessary measures according to During the OLAF investigations, which revenue for the European Community
the conclusions of the investigation, espe- were largely carried out in the of¿ces of and the Member States that was impe-
cially legal and disciplinary measures. The the delegation in Africa, money transfers ded adds up to an estimated total of 220
director of OLAF is to be informed of the were investigated in detail and several million euros.
subsequent measures within the deadline persons were questioned.
set in the conclusions of his report.5 The investigation showed that an emp- ‘Operation Diabolo’ goes back to an
Each functionary or other employee of the loyee in the book-keeping department initiative of the member states of ASEM
European Communities can ¿le a com- had systematically falsi¿ed the signatu- (Asia-Europe Meeting). More than 300
plaint with the director of OLAF against res of authorised personnel on several customs functionaries from EU countries
the measures taken against him within the cheques, payment authorisations and were involved. The customs agencies
scope of an internal investigation, as long other book-keeping documents. of the 27 Member States cooperated
as he respects the modalities set forth in By this means, the employee could di- closely and enhanced their exchange
the respective statute. This applies analo- vert about 300,000 EUR to her own bank of information under the coordination of
gously to the staff of bodies, institutions account. The results of the investigation OLAF, in order to trace Àows of forged
and agencies, which are not addressed were relayed to the judicial authorities in commodities in the international traf¿c
by the statute.6 charge. The money was reclaimed. in commodities.
Most international ports of the EU were
Case studies 2. Joint customs operation “Diabolo” included in the whole duration of the
OLAF organised the ‘Operation Diabolo’ operation. The measure was coordina-
Given the high degree of popularity of the in the name of the European Commissi- ted by a team of 9 liaison of¿cers of the
agency, the public increasingly trusts OLAF on in February 2007, a joint cross-border Member States and functionaries of the
to use indicators it receives efficiently. operation by the customs authorities Permanent Technical Support Infrastruc-
The amount of indicators that arrive at the of all 27 EU Member States in which ture for Common Customs Operations
agency has gradually risen from 529 new representatives of Interpol, Europol and in the OLAF of¿ce in Brussels.
indicators in 2002 to 886 in 2007. the World Customs Organisation were
In 2007, 543 decisions were taken based involved. 3. Fraud within the Scope of the European
on the indicators received. The cases in Social Fund
question vary from suspected corruption The joint customs operation was aimed An instructor in a training measure co-
within EU institutions to customs delin- at seizing brand name cigarettes and ¿nanced with funds from the European
quency and economic subsidy fraud. other imitations. The maritime operation Social Fund (ESF) contacted OLAF in

the new police in europe - 01/09 35

34 - 36 OLAF_goe.indd 35 22.04.2009 07:51:38


OLAF

The investigations in 2007 led to the re-


covery of 478 million euros. The yearly
expenses of OLAF amount to 52 million
euros, so the agency has ‘¿nanced itself’
by the end of February of each ¿scal year.
After this date, wrongly paid and recovered
money is directly refunded to the European
budget.
A so far unsolved problem of OLAF is that
all investigations end with the creation of a
dossier, and that OLAF has very little inÀu-
ence on the progress of the investigation as
soon as the results have been passed on
to the (judicial) authorities of the Member
States. This is one of the reasons why the
proposal was made to appoint a European
Prosecutor to safeguard the Community’s
interests. The proposal was included in
article 86 of the Lisbon Treaty (consolidated
version).

According to the article, the establishment


of a European Prosecution to combat of-
2004, stating that he had not received Conclusions fences that damage the ¿nancial interest of
his full payment guaranteed within the the Union would be possible through a spe-
scope of the measure and that he sus- On the 31st of December 2007, 467 cial, unanimous legislative procedure.7
pected fraud. employees from 27 Member States were The European Prosecution would be in
Thereupon OLAF started a so-called working for OLAF. This includes judges, charge of criminal investigations as well as
‘external investigation’. During the lawyers, police and customs of¿cials, tax the prosecution and arraignment of persons
controls, which were also conducted investigators, accountants and even a vet. who committed offences damaging the
on the premises of the training facility, This multi-disciplinary approach is one of ¿nancial interests of the Union, or partici-
it became clear that in several cases the recipes for success for OLAF. Thus the pated in committing them. The European
excessive costs had been declared to agency is very well positioned. Prosecution would take on the role of the
the administration. The working languages are English and prosecution in the responsible courts of the
The training facility had charged the French and several functionaries are so- Member States.8
organiser of the training the services called temporary employees who return As pointed out above, it’s possible estab-
and commodities provided, including the to their home countries after a 6 to 8 year lishment is part of the Lisbon Treaty, and
computers and the salary of the trainers, commitment. one can only hope that this part of the treaty
and had thereby raised its pro¿ts by In less than 10 years, an agency was es- is implemented as soon as possible after
240% to 640%. tablished that is not only internationally re- rati¿cation.
nowned and produces outstanding results
Therefore the trainers only received in its investigations, but is also contributing
25 % of the declared ‘expenditures for decisively towards recovering growing 1
On tasks and competences of the
salaries’. The receipts for the computer sums of illegally obtained EU funds. institution: Kuhl/Spitzer, EuZW 1998, 37
equipment were declared as expenses The United Nations and other international ff.; EuR 2000, 671 ff.; Wolffgang/Ulrich,
both by the addressee and the provider organisations turn to OLAF, among other EuR 1998, 616 ff.; Gleß, EuZW 1999,
(a case of so-called double ¿nancing). things, for advice on ‘best practice’ in the 618 ff.; Mager ZEuS 2000, 177 ff.; Haus,
With the sums declared for the leasing ¿eld of multinational investigations. Fur- EuZW 2000, 745 ff.; Ulrich, EWS 2000,
of computer equipment alone, twice the thermore, OLAF organises several inter- 137 ff.; Rabe, NVwZ 2001 (special issue),
number of computers could have been national conferences in order to further the 54 ff.; von Bubnoff, ZEuS 2002, 185 ff.;
bought at normal market prices. exchange of important investigation results Hetzer, ZfZ 2003, 32 ff; Kriminalistik 2005,
OLAF found out that the director of the and information. 419 ff. 105 ff.
training facility had apparently paid This year, OLAF received the Award of 2
http://ec.europa.eu/anti_fraud/reports/
500,000 euros to the organiser without the European Union of Tax Payers. The index_en.html.
any business-related reason. It can be European tax payers’ organisation has 3
Art. 9 Abs. 2 VO (EG) Nr. 1073/1999.
assumed that this is half of the sum awarded the coveted trophy (a bronze bull, 4
Art. 9 Abs. 3 VO (EG) Nr. 1073/1999.
gained through the arranged fraud at a symbol of strength and assertiveness) to 5
Art. 9 Abs. 4 VO (EG) Nr. 1073/1999.
the expense of the Community budget EU institutions and personalities who ¿ght 6
Art. 14 VO (EG) Nr. 1073/1999.
and national budgets. against fraud and corruption once every 7
Art. 86 para. 1 Consolidated Version of
year since 1999. the Treaty on the European Union and
OLAF suggested con¿scating all the In 2006 alone, damages at the expense the Treaty on the Functioning of the
funds transferred to the addressee of the EU budget amounting to 1.2 billion European Union (Lisbon Treaty)
(about 2 million euros). Furthermore, the euros were uncovered thanks to OLAF. 8
Art. 86 para. 1 Consolidated Version of
legal authorities of the affected Member Investigations conducted by OLAF have the Treaty on the European Union and
State were informed in order to initiate already led to several convictions in the the Treaty on the Functioning of the
measures for a prosecution. different Member States. European Union (Lisbon Treaty)

36 the new police in europe - 01/09

34 - 36 OLAF_goe.indd 36 22.04.2009 07:51:41


RWE

The Protection of Critical Infrastructures in the Energy Sector


Michael Schmidt, Leiter Konzernsicherheit, RWE Aktiengesellschaft
To get some idea of a large-scale power cut we need only to remind ourselves of the
incident in November 2006 when a high voltage line above the river Ems was turned
off and suddenly caused darkness to descend in Germany, France, Belgium, the Neth-
erlands, Italy and Spain. To this very day we do not have any exact ¿gures relating to
the damage, either on a wider national scale, or on the level of the company. Security
experts therefore classify the power supply as one of the so-called “critical infrastructures”
(KRITIS in German).

The life blood of industrial society er with the affected companies and organi-
sations, it set up a “National Plan for the
In a way, critical infrastructures are the life Protection of Information Infrastructures”
blood of a modern industrial society. They (NPSI) in 2005. If there is one thing that is
include, for instance, traf¿c and transport, obvious it is that the digital networking of
the health service, information technology global economic and social processes has
and communications. Services in these made information technology (IT) the very
and other critical infrastructures are a vital heart of modern civilisation. Any disruptions activities at a number of different levels.”
prerequisite for positive economic devel- are therefore dangerous. So the KRITIS One way in which RWE ensures this in
opment, the welfare of the population and Implementation Plan of the German Inte- its role as a utility is through its head of
political stability. Yet without energy – and rior Ministry lists organisational, structural Corporate Security, a position created to
thus without the blood supply to the veins and practical measures within a speci¿c coordinate such functions while keeping an
of a country – these facilities would be time window that can be used by affected eye on the interests of society at large and
impossible to provide. organisations to avert such dangers, to also on speci¿c details. Corporate Security
“The security of supplies is absolutely vital respond to them and effectively to sustain and its security organisation have wide-
for our customers. If the power supply of a a level of protection. ranging responsibilities for the prevention
major provider were interrupted, this would KRITIS is also supported by RWE as an and aversion of so-called malicious (and
have far-reaching consequences not only initiative that has its equivalent at the thus harmful) acts. There are clear de¿ni-
for private but also business customers. We European level in the form of EPCIP, the tions of the relevant responsibilities and
cannot therefore afford any severe disrup- European Programme for Critical Infra- interfaces with other departments.
tion to our availability, for instance through structure Protection. In addition, very high
malicious damage to supply facilities,” says safety standards are speci¿ed through sec- Especially against the background of the
Michael Schmidt in an interview with the tor-speci¿c laws for the energy and nuclear KRITIS initiative, Schmidt points out that
new police in europe. The head of Corpo- industries, aimed particularly at power and collaboration with IT professionals has
rate Security at RWE AG in Essen, Ger- water utilities. been close and based on trust. Emphasis-
many, is well aware that the responsibilities ing that “there is now no longer any doubt
in his function cover not only the smooth In the interest of society at large about the increasing risk of cyber crime,”
running of a company and the safety of its he concludes that, unsurprisingly, corporate
workforce, but ultimately also an obligation A number of different units within groups security and cyber forensics have become
towards society as a whole. of companies are concerned with security inseparable. This is not exactly very palat-
issues. These include Health & Safety, able to many heads of security, as they ¿nd
The German government – or, more pre- Internal Auditing and IT. “What is therefore the virtual world and its complexities rather
cisely, the Interior Ministry – is aware of this required”, says Schmidt, “is clear de¿nitions overwhelming. Yet Schmidt believes that it
and has become proactive. Working togeth- of the functions of these units and also joint is inevitable. “Our Corporate Security also
includes IT expertise in cyber forensics.”

A high level of security within the Group


must be based on an integrated overall
security concept that de¿nes both the strat-
egy and the activities which are necessary
for implementation. Obviously, Michael
Schmidt does not wish to go into details
at this point. In fact, the only way to set up
and sustain a good level of security is by
providing information and conducting activi-
ties across companies, sectors of industry
and national borders.
More speci¿cally, Schmidt says: “The crea-
tion of an effective security concept presup-
poses exact knowledge of potential threats.
We have therefore conducted a detailed
analysis that covers both publicly acces-
sible information and our own experience.
The various scenarios were assessed in

the new police in europe - 01/09 37

37 - 38 RWE - Schmidt_goe.indd 37 22.04.2009 07:54:50


RWE

ships”. As an example, he mentions the


security partnership with the authorities
of the state of North-Rhine Westphalia,
initiated by the Association for Security in
Industry in NRW. Schmidt himself is the
deputy chairman of this association.
“As criminals are getting increasingly inter-
national”, says the RWE security chief, “it
has also become more and more impor-
tant for us to collaborate with nationwide
authorities.” The same point was recently
emphasised by Jörg Ziercke, head of BKA,
the German Federal Office of Criminal
Investigation. At his initiative, there is now
close coordination on security between
BKA, nationwide German authorities
and a group of German companies with
international operations, including RWE.
Moreover, RWE regularly takes part in a
detail for their probability of occurrence Practical implementation is the responsibil-
series of exercises coordinated between
and potential damage and were then con- ity of the security organisation, comprising
all the German states by the Bundesamt
solidated in a risk matrix. The bandwidth of Corporate Security and the local security
für Bevölkerungsschutz (German Civil
such criminal acts ranges from traditional management of each af¿liate. In this con-
Protection Authority) and Katastrophenhilfe
theft and fraud to sabotage, for instance, text, Corporate Security has a wider func-
(the German Disaster Relief Organisation),
of power stations and transport networks. tion of de¿ning security speci¿cations and
while also taking an active part in the KRI-
Moreover, according to the German Interior minimum standards. Obviously, the require-
TIS initiative.
Ministry, the energy sector is also a primary ments of the various facilities of a utility
None of this is likely to add much romanti-
target for industrial espionage. Another group such as RWE can differ enormously
cism to a power cut. However, it will ensure
area that has been increasingly at the focus at times: an administrative building needs
confidence among the population and
concerns criminal acts perpetrated through a completely different security concept from
businesses that power cuts will be rare and
cyber attacks.” a power plant.
indeed harmless incidents.
16 security measures Schmidt points out that compliance with
RWE
minimum standards is the responsibility
RWE is one of Europe’s leading suppliers
The RWE security strategy is “Action in- of the security management of each af¿li-
of electricity and gas. In the 2006 ¿nan-
stead of reaction”. The idea is that damage ate. As with individual facilities, one has to
cial year its workforce of approx. 62,000
should not occur in the ¿rst place. This is look at the speci¿c security needs of each
achieved external net sales of over 42
far more ef¿cient than having to limit the company.
billion Euros. Its most important markets
effects of damage, no matter how profes-
for the production, sale and marketing of
sionally such damage may subsequently be The implementation of security measures
energy are in Germany, the UK and central
handled. Also, the provision of information and the observance of corporate standards
eastern Europe. RWE provides electricity
is no longer required if nothing has hap- by the various companies are regularly
for 20 million customers and gas for 10
pened. 18 speci¿c security measures have monitored by Corporate Security through
million customers.
been de¿ned: security compliance audits. To facilitate a
close information exchange between all
Throughout the Group: stakeholders, a Security Steering Commit-
- Integrated concept tee has been put in place, enabling repre-
- Directives sentatives of Corporate Security to meet
- Analysis regularly with the security representatives
- Security regulatory affairs of each company. This committee ensures
- Security support issues a standardised procedure and regularly
- Security risk prevention discusses fundamental new regulations in
- Information security matters of security issues.
- Business contingency management
Collaboration with authorities
Preventative:
- Protection of property How does RWE handle harmful criminal
- Personal security acts? Michael Schmidt leaves no misun-
- Protection of events derstandings on this issue: “Every criminal
- Security speci¿cations act within the RWE Group is generally
- Security due diligence support reported to the authorities, so that criminal
- Travel security charges can be brought. Where investiga-
- Identi¿cation and aversion of risks tions are concerned, we work hand in hand
- Identi¿cation and reporting of criminal with the authorities.” Independently of this
acts procedure, RWE also cooperates with the
- Crisis management authorities strategically and on all levels,
- Forensics starting with regional “security partner-
38 the new police in europe - 01/09

37 - 38 RWE - Schmidt_goe.indd 38 22.04.2009 07:54:50


39 Anzeige Me-Le_goe.indd 39 22.04.2009 07:58:51
reports from the states

apply to a court for orders in non convic- communication with the people towards
United tion cases. In these circumstances, the the achievement of clear and visible
Kingdom orders are designed to prevent someone results.
from facilitating or enabling others to The Ministry of the Interior also carries
commit crime as the person’s behaviour out a number of tasks directly related to
Serious Organised Crime Agency may stop short of committing a criminal the membership of our state in the EU,
(SOCA) offence. with a particular focus on the Schengen
Chris Humphrey, Senior Manager, Serious Crime Prevention Orders were cre- requirements. “Our task is to achieve
Head of Strategy & Partnerships for ated through the Serious Crime Act 2007 such level of readiness by 2010 with the
Europe, Balkans & Multilateral which can be viewed at www.opsi.gov. objective of being admitted in the Schen-
uk/acts/acts2007/ukpga_20070027_en_1. gen area in March 2011”, Minister Mihail
The United Kingdom’s Serious Organised If you would like further information on how Mikov announced. Our state has one of
Crime Agency (SOCA) is utilising new the legislation can be utilised contact Ken the most complex borders in the EU, and
powers to place conditions, restrictions Pandol¿ via e-mail – ken.pandol¿@soca. the Bulgarian border is external as part of
or reporting requirements on criminals x.gsi.gov.uk.
the European ones. Their protection and
involved in serious crime. successful border control are among the
Serious Crime Prevention Orders are most important instruments for the future
designed to protect the public by pre- safety of Europe. On the other hand, the
venting or deterring individuals from Bulgaria border control requirements in line with
continuing their involvement in crime or EU standards are a pre-condition for our
re-offending after being convicted for a inclusion in the Schengen area.
criminal offence.
Mihail Mikov, Ministry of the Interior, Collaborative relationships between
William Hughes, SOCA’s Director Gen- Bulgaria, So¿a: Bulgarian policemen and their colleagues
eral, said: “New legislation such as “Every day we should provide evi- from the rest of the European states are
Serious Crime Prevention Orders are dence that the police work for the basic to the implementation of the objec-
an important weapon in our armoury and citizens” tives and priorities set and discussed dur-
will make the UK an ever more dif¿cult ing the Council of the Ministers on Justice
place to commit serious organised crime. The criminal world is mobile and modern, and Home Affairs in Brussels a week
Breach of an order, which can last for up therefore, police cooperation should be ago. Among them, are the establishment
to ¿ve years from the date it commences, so powerful that criminals feel “con¿ned” of a national and European platform for
is punishable by up to ¿ve years impris- in the European Union – this is the cyber security; an increase in operative
onment and an unlimited ¿ne.” Bulgarian approach to the ¿ght against police cooperation; the localization of
crime. major sources of drugs, in particular,
SOCA obtained orders recently as part of The Bulgarian police haves a 129 cocaine in Western Africa and common
an operation to dismantle an organised year old history, nearly as long as actions for their seizure. Another priority,
crime gang involved in drug traf¿cking the new Bulgarian state. All those discussed by the European Ministers of
and money laundering. years the police authorities worked the Interior, and extremely important for
Ten men were jailed for a total of 105 for the consolidation of the system of the Republic of Bulgaria as well, is the
years and the orders, which in this case government in the ¿ght against crime. use of “the ¿les” of passengers on civilian
come into force after release from prison, “Every day we should provide evidence Àights in the interest of the ¿ght against
will prevent six of the gang members from that the police work for the citizens” - terrorism. The issue has been put on the
possessing more than £1,000 in cash the Minister of the Interior, Mihail Mikov, agenda in most of the European states,
without informing SOCA and owning or recently announced on the occasion of and Bulgaria should not lag behind in
using more than one mobile phone. the Bulgarian police anniversary. This discussing it. The Bulgarian Minister
Orders can be tailor made to take into ac- will be the motto of Bulgarian policemen of the Interior will present this issue for
count an individual’s offending behaviour performing their day-to-day duties. discussion in the Parliament of our state,
and one of them also included terms to in order Bulgaria to be able to participate
prevent a gang member from possess- Since the accession of Bulgaria as a full in drafting the common statement of the
ing cutting agents – chemicals that can member of the European Union, our state EU. Collection of data, accessible within
be used to bulk out drugs and increase has been standing up to the necessity for two days prior to the Àights and process-
pro¿ts for dealers. changes that will make the work of the ing of ¿les with information, immediately
Mr Hughes added: “The lengthy jail terms police a more demanding one, and more after the departure as the information is
and prohibitive restrictions imposed fol- appreciated by society. In this context, used in the ¿ght against terrorism and
lowing this operation send a very clear reformation of police structures started organized crime.
message to criminals that their activities both at central and local levels several Bulgaria activates police cooperation
may be curtailed even after prison sen- months ago.There are ¿ve major direc- with the Western Balkan states as our
tences have been completed.” tories within the police: Criminal Police, additional contribution of EU security
Orders issued at the time of conviction Security Police, Investigation, Border Po- within its external borders.
can prevent an individual from using lice and Fire Safety and Rescue, as the Understanding and implementing the
the same modus operandi to re-offend focus is on a change of attitude among team - spirit of the work among all law
but law enforcement agencies can also police personnel with a view to improving enforcement and judicial bodies is a

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reports from the states

guarantee of the achievement of good We are delighted to announce that meals and social events, but not hotel
results and overcoming the criticism Tallinn, the capital of Estonia, will be accommodation.
directed at us in the last report of the hosting the 26th European Executive For updated conference information,
European Commission. On the side of Policing Conference of the lnternational including the agenda, conference reg-
the government institutions, over 70 Association of Chiefs of Police from 26- istration and hotel reservations, please
measures have been noted towards solv- 28 April 2009. The motto of the confer- visit our conference website at www.
ing the problems which we have been ence is: Looking to the future - the key politsei.ee/iacp.
criticized for and carried out the ones to success. In case of questions please contact
addressed to the activities of the MoI The secret of success of an effective law conference@pol.ee or call +372 6123
rapidly and in time. Of course, there is enforcement system is to be one step 082 or +372 6123 070.
still a lot to be done to achieve maximum ahead of the others- to foresee the possi-
positive results. However, joint efforts ble developments analyse them and thus
on the part of the MoI, prosecution, tax ¿nd the best solutions. That is why the
authorities and customs services are constant advancement of law enforce- Romania
a guarantee for that. “Maybe it would ment structures is highly important.
be better if we shortened the terms in The upcoming conference gives us
MoI, terms in prosecution, terms in the plenty of opportunities to ¿x our eyes on Schengen area. Goals and priorities
courts, in order for penal liability to be the future and discuss the police model, of the Romanian
executed faster”, the Bulgarian Minister essential components of which are inte- Nicuúor Dulgheru, Colaborator, Chief
of the Interior Mr. Mikov considers. We grated ef¿cient training, organisational Editor of “Romanian Police” Maga-
shall think seriously about his in order for values and modern technology. zine
Bulgaria to save time and efforts in the You are offered an excellent chance to
¿ght against crime and, indeed, for our exchange best practices and meet col- Romania’s accession to the Schengen
country to be objectively assessed for it leagues and friends. We believe that the space is considered as the normal step
achievements. days spent together will be pro¿table and to take by an EU Member state, for
“Bulgarians are the smallest group informative, not, however, lacking the ensuring the safety of its own citizens
among the criminals in Bavaria and their time for rest and entertainment. Social and implicitly of the EU citizens. Conse-
presence decreases every year” – said programme involving a welcome recep- quently, this represents a top objective
Petra Zandles, Vice President of the Ba- tion at Song Festival Ground, a gala din- for all the concerned institutions in the
varian Criminal Police, during her recent ner, and a sightseeing tour will give the next period.
meeting with the Minister of the Interior participants a broader view of the city and From this perspective, Romania’s efforts
of Bulgaria. In her opinion, that is due to introduce them to the cultural heritage for acceding to the Schengen space
the good work and the long tradition of and the way of life of Estonians. are focused on three levels: legislation,
interaction between the Bavarian and Partners’ programme is mainly focused institutions and staff training.
the Bulgarian Police. An operation for on art, culture, history and nature, but
the seizure of 70 kilos of heroin valued those interested in the local industrial Legislative measures
at 3 million euro at the end of November scene can visit business enterprises. We The alignment of the national legislation
this year, in the Bulgarian Danube town hope everyone will discover something with the European acquis, generally, and
of Russe is the most recent successful new and fascinating about Estonia. particularly with the Schengen acquis,
joint - operation between the police forcrs started prior to Romania’s accession to
of Bavaria and Bulgaria. That is just one Conference information the EU. From this point of view, it is highly
of the examples which indicates how The conference dates are 26-28 April signi¿cant the approval of the Law no.
useful the enhanced police cooperation 2009. All of¿cial conference events will 302/2004 on international judiciary coop-
can be. The world of crime is mobile and take place at the Reval Hotel Olümpia, eration as well as the Government Order
modern, therefore, police cooperation Liivalaia St 33, Tallinn. Participants are no. 103/2006 on measures for facilitating
should be so powerful that criminals feel expected to arrive either on Saturday, 25 the international police cooperation.
“con¿ned” in the European Union - this April or Sunday, 26 April. The conference After Romania’s accession to the EU,
is the Bulgarian approach to the ¿ght ends with the Gala Dinner on 28 April and the legislation alignment process con-
against crime. every participant is highly welcome to join tinued- on the one hand, by initiating
this festive event. negotiations and concluding bilateral
agreements with Hungary and Bulgaria
Estonia Registration (still in the negotiation phase) and on the
Participants are requested to register other hand, by drafting secondary legis-
by sending in the completed registration lation (national norms and procedures
form and with payment in full no later than for implementing and using Schengen
26th IACP European Executive Policing 1 MARCH 2009. Registering is available Information System)
Conference in Tallinn on 26th-28th of online or by fax or by post. The Regis-
April 2009 tration form can be found at the confer- Institutional measures
Raivo Küüt, National Police Commis- ence website. Conference Fees are for For centralizing Romania’s efforts for
sioner of Estonia and Russel B. Laine, members 250 EUR, non-member 300 Schengen accesion, a unique, coordi-
President of IACP EUR, partners150 EUR. The conference nation body was set up in 2007, through
fee will cover conference participation, Government order, at the level of the
the new police in europe - 01/09 41

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reports from the states

Ministry for Interior and Administrative is permanently monitored at the central For a long time we thought that school
Reform - the Schengen Department. Its level. Also, at the level of all institutions shootings were a problem only at
role is to coordinate the activities of all involved in the accession process, spe- American schools. However, the situation
the institutions and authorities involved cialized units were set up to coordinate changed towards the end of the 1990s
in the accession process as well as to Schengen and personal data protection when we started to hear news about
represent a unique partner in the discus- relevant activities. serious and intentional shooting sprees
sions with the other Schengen Member at schools in countries like Saudi-Arabia,
States. Staff training Brazil, the Netherlands, Sweden and
Apart from the above described meas- Germany. Recently two schools shoot-
The Schengen Department is the unique ures, we appreciate that in the accession ings upset Finland.
national authority in this ¿eld, in charge process the staff play an essential role.
with ful¿lling the necessary conditions Thus, it is necessary that at the acces- In Finland, we have had two similar inci-
for Romania’s accession to Schengen sion moment, the professional training dents at schools within a relatively short
space. level of the Romanian police of¿cers time. The first shooting incident took
Its main task is to coordinate and su- should be linked with the operational place in Jokela on 07 November 2007. A
pervise the actions initiated by Romania necessities and allow them to make use young male shot eight persons to death
in the fields of legislation alignment of all the means and methods provided at his school and ¿nally killed himself.
and institutions for achieving this goal. by the Schengen acquis, the international Similarly, in Kauhajoki on 23 September
The head of the Department is a state agreements concluded by Romania, with 2008, a young man shot ten persons
secretary and also the chairman of the a view to ensuring an area for liberty, to death at his school and then killed
Romanian Interministerial Group for the security and justice. himself. These incidents have aroused
State Border Management and chairman general insecurity among the public and
of the National Commission for Schen- In order to achieve this, training sessions been a great concern to the authorities.
gen Evaluation. were organized both at the central and School shootings have received a lot of
Under the subordination of the Schengen territorial level, especially in the internal academic interest all around the world.
Department, the Schengen General Di- border areas. Each territorial unit has The most essential ¿nding of the cur-
rectorate was established, consisting of trainers, specialized in the ¿eld of in- rent research is that the shooters are
of¿ces and units with competencies in ternational police cooperation. In order typically males who have a great inter-
evaluation, facility, acquis, cooperation to disseminate the necessary informa- est in ¿rearms and militaria and who are
and contact, IT, secretariat, restricted tion, it was the train the trainers system likely to be anti-social by nature. Their
documents. which was used and not the centralized anti social thinking is seldom reÀected
Also, in 2006, through Gov. Order the training model which would have failed in their behaviour, and they seem not to
National Commission for Schengen to respond to the training needs in the differ that much from other young men
Evaluation was established. It is an territorial units. of their age.
advisory body, with no legal personality. However, these young men do not ¿re
Its purpose is to coordinate the national The feedback was obtained by applying shots at their schools on an unde¿ned
policies and strategies in the ¿eld. assessment questionnaires in the ter- whim. In fact a school shooting may be
ritorial units. The results were used in understood as the utmost culmination
Starting from 2007, under the authority establishing training priorities for the next point of a long-term process. During this
of the National Commission, evaluation year and pointing out the items which process before shooting anyone these
missions were organized. These mis- needs further training. young men’s behaviour may give certain
sions were coordinated by the Schen- However, an important stage is to be alarm signs indicating the danger. These
gen Evaluation Of¿ce within Schengen taken - the training program of the SIS signs may include for example a sense
General Directorate, together with the end-users which will be developed using of superiority, racial attitudes emphasiz-
representatives of the structures in- the e-learning and the train the trainers ing the power of the strongest and open
volved in the evaluation process. The system. hostility towards society.
missions assessed the borders control To conclude, the results achieved until
and police cooperation related issues. present, as well as the European positive The shooter has a clear goal to kill as
The purpose was to assess theoretical feedback allow us to be optimistic about many people as possible. According to
issues - such as the knowledge of the the future, on the condition to further the research, as soon as the shooter
Schengen relevant documents- but also focus on the continuous training in order realizes that a risk of his apprehension
to check the practical implementation of to ful¿l our goal - the accession of our has increased, he is likely to commit a
the Schengen acquis, good practices and country to the Schengen area. suicide. We all know that the primary
recommendations. Another important duty of the police in cases like this is to
aspect of the missions was for the as- apprehend the shooter and secure the
sessed structures to get familiar with the safety of other students. When it is not
Finland
evaluation process. Foreign experts also possible, the authorities should take ac-
took part in such evaluation missions. tion to disarm the shooter as quickly as
Follow up reports containing conclusions possible in order to minimise the number
and recommendations were drafted. The School shootings shattered Finland of victims.
latter are inserted into charts and the Mikko Paatero, National Police Com- One of the most interesting research
process for removing the de¿ciencies misioner, Finland findings is the so called “leaking”. It

42 the new police in europe - 01/09

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reports from the states

means that without an exception the and understanding the unique communi- authorities plays a key role in prevention.
shooter “leaks” or gives one or more cation culture of the web. The Supreme The Supreme Police Command has
signals indicating the coming shooting Police Command has decided to provide given guidelines for the harmonization
spree. These may include hints about 880,000 euros for the improving of web of fire-arm permit procedures at the
his fantasies or plans about shooting monitoring. The web monitoring and the national level. Furthermore the Police
people at school. These hints or indica- developing technology it requires, do not have commenced negotiations with the
tions may be verbal, written or taped. only improve the capability of the Finnish Defence Forces and the Ministry of So-
For us as authorities, this is an important Police in prevention but strengthens the cial Affairs and Health in order to obtain
¿nding and as such, it provides a mean ability to combat and investigate a wide such information that might be relevant
to prevent school shootings. In this light, range of web crimes. The Police authori- to a ¿re-arm permit under process.
the importance of monitoring the Internet zation must always be based on an exist- The Finnish Police have conducted ac-
and observations made in that context ing law. In addition the Supreme Police tions in order to develop and improve
become emphasized. Command has sharpened the directives changes in preventing such incidents.
on preconditions for surveillance and for A three-day seminar concerning school
Large scale analysis operation re- undercover activities on the web. shooting was held at the Police College
vealed potential shooters From the prevention point of view the of Finland in Tampere between 15 and
The Finnish police authorities have been amount of information on the web is 17 December 2008. The target group
particularly concerned about threats enormous. Merely some Finnish web consisted of senior of¿cers in charge of
of future school shootings posed after communities have hundreds of thou- strategic and tactical planning. The aim
the two shooting incidents. The police sands of active users on a weekly basis. of the seminar was to provide a best
have taken all threats posed to schools Authorities can partly oppose the threats practice model in tactics at the scene
very seriously. In fact we have had a on the web by monitoring it. However of school shootings. This model will be
zero-tolerance to them. After the shoot- the Police should co-operate with op- introduced at the following international
ing in Jokela in 2007, approximately 90 erators, moderators and citizens. Practi- seminar.
cases of future threats were reported cally active surfers of web services and
to the police, whereas after the most moderators have an outstanding view in At the EU level important co-operation
recent shooting in Kauhajoki in 2008, order to detect crimes and phenomena is conducted in the EPCTF (European
the corresponding ¿gure was close to that the Police might be interested in. Police Chief Task Force). In order to raise
200. Especially threats posed after the Therefore these observations play a vital our situational awareness on how other
Kauhajoki incident have employed crimi- role in prevention and investigation. The countries have prepared themselves
nal investigators to the limits of available Supreme Police Command has a project for school shootings and on tactical
resources, as they have questioned and for providing a secured website for mod- guidelines of the police while acting at
interviewed potential suspects and made erators and web surfers forwarding their the shooting scene, The Finnish Minis-
house searches and seizures. Accord- observations to the Police. try of the Interior will arrange a one-day
ing to the most recent information, the seminar on school shootings in Vantaa,
police have seized nine ¿rearms from A liaison of¿cer will assist schools to Finland, on the 22th of January 2009.
suspects. audit the security plans Preventing future school shootings is a
The up-dating of security plans of schools major challenge for the Police and for
The Finnish Police carried out a large is topical. The Police will provide the society. The above-mentioned “leaking”
scale analysis operation whose purpose schools with its expertise and experience may be a vital starting point for prediction
was to prevent such school incidents in prevention. The prevention actions and prevention. It appears that by seek-
in the near future. The operation took taken by the schools play a vital role. For ing possible warning signs, especially
advantage of web monitoring and cross- this reason it is important for schools to on the web, and by identifying persons
analysing the information of different up-date their security plans taking into behind them at an early stage would
authorities. After the Kauhajoki tragedy account not only ¿re but also possible give an opportunity to prevent such an
the National Bureau of Finland (NBI) has school shootings. The Supreme Police incident. It demands awareness of au-
been in charge of the web monitoring. It Command has nation widely instructed thorities and seamless cooperation at the
is conducted on a daily basis between 8 the local police in the whole country to national and international level in order
and 24 hrs. After the Kauhajoki incident contact all schools in their area of respon- to detect warning signs from the social
the NBI has provided an e mail address sibility and audit the security plans in co- environment of the perpetrator.
and a phone number for tips. Hundreds of operation with the school staff. The plans
tips were received. In addition hundreds will be updated to meet the new threats.
of web pro¿les were investigated. Ten of In addition all schools will be assigned a
them, similar to the Finnish school shoot- liaison police of¿cer from the local police
ers’ pro¿les, are still under monitoring. At department to act as a contact person
present the amount of tips is decreasing between the Police and the school.
and the NBI receives approximately 10
tips per day, half of which requires meas- The Jokela and Kauhajoki incidents have
ures to be taken. been taken into account at several levels
of development of the Police procedures
Professional web monitoring requires and co-operations. The active and effec-
trained personnel, sophisticated software tive Àow of information between different Mikko Paatero, National Police Commisioner

the new police in europe - 01/09 43

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Biogas

Biogas plants, the future-oriented energy suppliers


Stefan Sauer, Project Manager, Archea ME-LE Anlagenbau GmbH
In times when environmental and climate protection have become a necessity, the produc- in some cases with the help of ¿xed feed-
tion of energy from renewable and locally available resources plays an ever more important in tariffs or with other business models,
role. The production of biogas as a source of energy in modern biogas plants has proved such as the issuance of certi¿cates. With
to be an ef¿cient addition to the concept of power supply. This kind of energy production by the economic development resulting from
means of fermentation is to a great extent independent of weather conditions and seasonal these measures and the creation of innova-
inÀuences. The fermentation process is based on biomass turned into high-quality fertilizer in tive training positions and jobs, sustainable
a complex bacterial biodegradation process. At the same time, the bacteria produce biogas technologies are not only of great interest
that can be turned into electricity and heat using its main energy source, methane, in, for to future generations but can also help to
example, a combined heat and power plant. This resource-friendly energy production is a solve current problems.
pro¿table option for many agricultural holdings to provide economic security for the farm and Archea ME-LE Anlagenbau GmbH, with
at the same time take on ecological responsibility. In Germany, more and more farmers are its headquarters in Torgelow, offers you
recognizing the possibilities of this new market and the number of biogas plants is constantly turnkey biogas plants based on innovative
increasing. This trend is boosted by municipal and supraregional energy suppliers that no plant concepts and reliable technologies.
longer only want to purchase green energy but to produce it themselves as well. As a competent partner, we combine the
distribution and planning capabilities as well
After the signing of the Kyoto Protocol and up to 9.0bn KWh of biogas energy annually as the biological and technical expertise
the goals set in it, Germany passed the Act and about the same amount of heat. At the of the Archea group with the experience
on Renewable Energies. This Act regulates same time, the production of green energy of ME-LE as the general contractor in the
feed-in tariffs for renewable energies into reduces the emission of carbon dioxide by ¿eld of plant construction.
public power supply systems. These tariffs 8.5m t a year, and the controlled fermentati- Please do not hesitate to contact us before
are ¿xed for 20 years and are intended on of liquid manure prevents the discharge or when planning a project.
to guarantee the economic ef¿ciency of of greenhouse gases like methane. We will come and analyze your location
alternative energy facilities and, above at no cost and then be able to develop an
all, to facilitate their ¿nancing. Since the Regulations for the promotion of renewable adequate concept and calculate its econo-
amendment to this Act in 2004, the market energies were passed in many neighbou- mic feasibility. So your ¿nancial risks will
has been booming, especially in the ¿eld of ring European countries as well. The pro- be minimized.
biogas plants. Over 4,000 biogas plants are motion of regenerative energy production If you decide to go ahead with the project,
currently operating in Germany, producing is making good progress in these countries, we will compile the documents of approval

44 the new police in europe - 01/09

44 - 45 Sauer_goe.indd 44 22.04.2009 08:44:00


Biogas

on your behalf and elaborate a suitable The biomass is fermented with the help of gas production at constantly high quality
¿nancing model for you, if you wish. Our methanogenic bacteria in the absence of levels.
team of quali¿ed engineers, draftsmen, oxygen. In order to prevent the formation In addition to planning and constructing,
technicians and economists work hand of Àoating and sinking layers, the substra- we offer you comprehensive services and
in hand in order to guarantee a smooth te must be constantly stirred, which also maintenance of our mostly automated
implementation of our building projects. supports the deduction of the generated plants. All steps of the fermentation pro-
We accompany you during all phases of biogas. The biogas collected in the digester cess are electronically monitored and can
your project – from the concept and the under a membrane roof is then cleaned be remote controlled by the operator. This
actual construction of your turnkey biogas and transferred to the cogeneration power ensures short response times during main-
plant to its maintenance. You can rely on section of the plant. Here combustion tenance periods and almost 100 percent
our competence and choose a future-proof engines produce electricity and heat via operation time.
biogas plant which will enable you to make generators. Another alternative is to treat Please feel free to seek our advice and start
use of all types of substrates. the biogas and feed it into an existing na- producing energy – in an economical and
tural gas network. almost neutral way in terms pollutants.
Archea ME-LE biogas plants work on the
principle of fermentation of organic mate- An additional side effect of the fermenta- Environmental protection is imperative in
rial. Different substrates can be used for tion process is the production of excellent our time. Fossil fuels will run low in the near
biogas production. These include liquid mineral fertilizer that is quickly available future due to the continuously increasing
manure, manure, grass, energy crops for plants, odourless in contrast to liquid need for energy in our society. For this
and agricultural waste products. Surplus manure, homogenized and thus very envi- reason, energy generation from renewable
production and returned goods from food- ronmentally-friendly. resources is a logical step into the future.
stuffs and fodder production can also be Our experience shows that multi-stage bio- Biogas is the most Àexible of all renewable
used. The input mix should be kept as gas plants reach high levels of process sta- energy sources: to a high degree it is in-
constant as possible. In order to ensure bility, guaranteeing a high level of capacity dependent of external inÀuences, storable
an even input when the substrates are not utilization. Additionally, the degradation rate and usable for the production of energy,
produced at the same constant level over is higher, which increases gas production heat and fuel.
the year, suf¿cient storage space has to by 20 per cent and sustainably enhances Benefit from a technology that has al-
be provided. the profitability of the plant. Through a ready revolutionized German agriculture.
high level of standardization of our biogas Archea ME-LE Anlagenbau GmbH is you
Archea ME-LE biogas plants generally plants, we reach signi¿cant reductions in reliable partner in the ¿eld of biogas plant
have several stages. This means that they the investment costs and construction time. construction.
consist of a sequence reactor which the Our biogas plants are based on modular
biomass Àows through. For the most part, concepts and can therefore be adapted to Our passion for work and drive for inno-
they are upright concrete containers, but your speci¿c requirements. At the same vation for a clean and safe future.
they can also be horizontal steel pipes. time, we can guarantee an optimized

Decisions of the EU

Fifth European Day for the Victims of Terrorism - The European Commission ex-
presses its continued and deeply felt solidarity with all victims of terrorist attacks
On the occasion of the ¿fth European pean Day for the victims of terrorism. In a cope with such an experience. In addition,
Day for the Victims of Terrorism, the video message for the European Network the Commission will continue its efforts to
European Commission remembers and of Victims of Terrorism, Vice-President combat terrorism without, however, giv-
honors those who have lost their lives in Jacques Barrot emphasizes that this day ing up the respect of fundamental rights.
terrorist events in Europe and elsewhere is an occasion to once again express “This day also gives us an opportunity to
in the world and those who still bear sympathy with the victims and with their demonstrate clearly that no terrorist will
the mental and physical scars of these families and friends. It is obvious that ever be able to diminish or even destroy
tragic events. The European Commission there can never be adequate compensa- our strong faith in the core values which
stands united with victims, their families tion for the victims or for the families and we share, such as the fundamental
and their friends. loved ones of the victims of terrorism. rights”,
Vice President Barrot stresses: “It is ex- However, the Commission tries to sup- Vice President Barrot says. Today’s day
tremely important that we have dedicated port them, amongst others by assisting for the victims of terrorism shows that
this day to the victims of terrorism to show to ¿nance projects aiming at improving terrorist acts will never pay off. There will
that our solidarity with all victims of terror- victims’ lives and by actively promoting never be a justi¿cation for them.
ist attacks will never come to an end.” solidarity with them.
Five years ago the most terrible terrorist The Commission hopes that this small Source: http://ec.europa.eu/justice_
attacks on European ground took place in contribution can offer them some as- home/news/intro/news_intro_en.htm
Madrid. Since then March 11 is the Euro- sistance in the dif¿cult task of having to

the new police in europe - 01/09 45

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Titel und Anzeigen_goe.indd 7 22.04.2009 09:26:24


IBM

Corporations are inadvertently becoming the No. 1 Security Threat to their own customers
Web Application Vulnerabilities are the In 2008, more than half of all vulnerabilities and security solutions, has the right tools to
Achilles’ heel for Corporate IT Security/IBM disclosed were related to Web applications, protect intellectual property and customer
is the world’s leading provider of risk and and of these, more than 74 percent had no data through layered, pre-emptive security.
security solutions patch. IBM Internet Security Systems develops
The second major trend IBM X-Force, re- market leading products and services to
Nowadays corporations are unwittingly put- vealed is that although attackers continue to help clients combat the evolving threat while
ting their own customers at risk for cyber- focus on the browser and ActiveX controls reducing the cost and complexity of security.
criminal activity. With an alarming increase as a way to compromise end-user machines, Just recently IBM also unveiled new Rational
in attacks using legitimate business sites as they are turning their focus to incorporate software that helps clients mitigate growing
launching pads for attacks against consum- new types of exploits that link to malicious risks on the Web.
ers, cybercriminals are literally turning busi- movies (for example, Flash) and documents Clients around the world work with IBM to
nesses against their own customers in the (for example, PDFs). In the fourth quarter help reduce the complexities of security and
ongoing effort to steal consumers’ personal of 2008 alone, IBM X-Force traced more strategically manage risk. IBM’s experience
data. This is the major result of the IBM than a 50 percent increase in the number of and range of risk and security solutions are
Internet Security Systems’ annual X-Force malicious URLs hosting exploits than were unsurpassed – from dedicated research,
Trend and Risk report. found in all of 2007. software, hardware, services and global
First, Web sites have become the Achilles’ The X-Force has been cataloguing, analyz- Business Partner value – helping clients
heel for corporate IT security. Attackers ing and researching vulnerability disclosures secure business operations and implement
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Commission adopts revised mechanism for verifying the application of Schengen rules in the
Member States.
The Commission adopted two proposals on as well as introducing unannounced visits to borders of the Schengen area.
a revised mechanism for Schengen evalua- ensure the Schengen rules are applied cor- The current system of evaluation which has
tion. The mechanism enables veri¿cation of rectly at all times. been in place since 1999 does not fully reÀect
the application of the Schengen rules in the the current legal situation as well as having
Member States. These proposals supple- Background information on Schengen weaknesses regarding methodology and use
ment the current mechanism and introduce The area without internal borders as set up by of risk analysis.
unannounced visits to ensure a high level of the Schengen acquis - the Schengen area - In the last 10 years, there have been several
implementation of the Schengen rules in the was developed within an intergovernmental discussions between Member States and also
Member States. framework in the late 80s and beginning of with the Commission on making the Schen-
the 90s by Member States willing to abolish gen evaluation mechanism more ef¿cient, in
Vice-president Jacques Barrot, Commissioner internal border controls and implement ac- particular concerning the second part of the
responsible for Justice, Freedom and Security, companying measures to this end, such as mandate, namely veri¿cation of the correct
highlighted that “Ef¿cient application of all common rules on external border controls, a application of the Schengen provisions after
Schengen provisions and a high degree of common visa policy, police and judicial coop- the lifting of internal border controls.
mutual trust among the actors involved are eration and the establishment of the Schengen Additionally the Hague Programme invites
essential in an area without internal borders. Information System (SIS). the Commission ‘to submit, as soon as the
Only if the implementation of the Schengen The Schengen area without border controls abolition of controls at internal borders has
rules and regulations by every Member State currently consists of 25 Schengen Member been completed, a proposal to supplement
is transparent, effective and consistent can the States i.e. Austria, Belgium, Denmark, France, the existing Schengen evaluation mechanism
system work.” The Commission proposed two Finland, Germany, Greece, Italy, Luxembourg, with a supervisory mechanism, ensuring full
legal instruments (Regulation and Decision) Netherlands, Portugal, Spain, Sweden, the involvement of Member States’ experts, and
in order to cover the whole area of Schengen Czech Republic, Estonia, Hungary, Latvia, including unannounced inspections’.
cooperation i.e. external borders, visas, police Lithuania, Malta, Poland, Slovakia, Slovenia The current proposals intend to address the
cooperation, Schengen Information System as well as the two associated countries, identi¿ed weaknesses by streamlining the
and Data Protection. The two instruments Norway and Iceland and, as of 12 December evaluation methodology and improving the
create an evaluation mechanism designed 2008, Switzerland. follow-up. The concept of unannounced vis-
to ensure both mutual trust between Member The Schengen area is based on full mutual its has also been introduced. The proposals
States and the capacity to effectively and ef- trust between the Member States in their ca- also take into account the integration of the
¿ciently apply the Schengen provisions. pacity to fully implement the accompanying Schengen acquis into the framework of the
The revised mechanism also reflects the measures which allow the lifting of internal bor- European Union and provide for the participa-
changes in the legal situation after the integra- der controls: e.g. checks at external borders tion of Member States’ experts.
tion of the Schengen rules into the framework are carried out by Member States not only to
of the European Union. The new mechanism protect their own interests but also on behalf of
enhances the current system of periodic on- all other Member States to which people could Source: http://ec.europa.eu/justice_home/
the-spot inspections in the Member States travel once they have crossed the external news/intro/news_intro_en.htm
the new police in europe - 01/09 47

47 IBM.indd 47 22.04.2009 09:51:19


Federal Interior Minister Dr. Wolfgang Schäuble endorses the new police in europe
Not only have the borders between the global developments: instead of the bipolar Police collaboration in Europe has gained
European states fallen, with the fall of the order, whose potential as a deterrent also momentum thanks not just to Europol, but
Wall in Germany the worldwide process of guaranteed a certain security, we have also to other cooperation initiatives. But
economic, political and social integration instead a confusing web of conÀicts. there is still scope for greater intensi¿ca-
– normally referred to as globalisation – has tion. For this reason, the staunch European
accelerated. The Àow of capital, goods and According to the Europol Terrorism Situa- and Federal German Interior Minister Dr.
information and the unimpeded movement tion and Trend Report 2008, presented by Wolfgang Schäuble endorses a unique
of people in Europe have increased to an Europol in March, 200 Islamist terror sus- communications project, the new police in
extent unimaginable before November pects were arrested in the European Union europe. Supported by the Internet platform
1989. last year alone, including those arrested in www.dnpe.eu the new police in europe will
This process of increasing openness and the Sauerland in Germany. This indicates become a mouthpiece for the police forces
integration across national borders is bu- the global reach of terrorism. International of the 27 European member states.
oyed by technical progress, especially in the terrorism breaches the old division between
information and communication technolo- internal and external security.
gies, but also in transportation technology.
This progress, along with communicative As borders become more permeable,
networking and open borders, is greatly closer international collaboration becomes
changing not only our society, but also the imperative. We have to act across national
methods, structures and threat potential borders, like the criminals, and we have
of criminals. Like the economy, crime also to be as well networked – nationally and
operates across national borders and in internationally. This applies all over the
global networks. world, but especially within Europe. For
These changes impact the whole of real- where no border controls exist, we must
ity, from simply everyday offences – bag coordinate our activities so as to continue Source: Federal Ministry of Interior/Hans-Joachim
snatching has been largely superseded – to to guarantee security. M. Rickel

the new police in europe - Issue 2/2009: Combating Terrorism


Terrorism has become a pressing concern for the unprecedented challenges to Europe’s explosives on numerous planes over the
internal security of the 27 Member States of the security framework and it’s model of open Atlantic Ocean in 2006, while in 2007 the
European Union since the 2001 attacks on democracy. Even though this new form of police in Southern Germany arrested a cell
the World Trade Center in New York and terrorism is usually labelled as ‘Islamic’, its of ‘home-grown terrorists’ who had planned
the Pentagon in Washington DC. Cells of essential characteristics are not religious. to attack US targets in Germany.
transnational terrorist groups with networks Instead it exhibits a high degree of frag- Nevertheless, the race to impede the next
reaching far into North Africa and Central mentation and a remarkable autonomy in big terrorist attack is far from decided. The
Asia have since perpetrated two disastrous its cells, which often act with little or only second issue of the new police in europe
attacks in Europe. The terrorist bombings irregular contact to the large network of will deal with combating terrorism in the
of commuter trains in Madrid in March 2004 organisations that provide them with cash European Union. It will offer a comprehen-
claimed the lives of 191 civilians and had a Àow, an ideological basis and, most notably, sive overview of the agencies, institutions
signi¿cant impact on the Spanish general the necessary know-how. These cells are and joint operation centres in the different
election three days later. only loosely steered by Islamist propaganda Member States and shed light on the role
The underground train and bus bombings in and carry out their very own attack plans by of the European security institutions in the
London in July 2005 killed 56 and wounded tapping into the resources provided by the ¿ght against terrorism. Special attention
several hundred. The worst fears of Eu- transnational network around al-Qaeda, will be given in this issue to the use of
rope’s police agencies and secret services whereby they increasingly rely on the in- up-to-date technology in combating terror-
were soon con¿rmed when the British police ternet for this. ism. Additionally, it will assess the current
identi¿ed naturalised British citizens of Pa- level of European cooperation in the ¿ght
kistani origin as the main suspects. Europe Europe’s security and police agencies have against terrorism and promote best-prac-
had its ¿rst case of ‘home-grown terrorism’ responded to these new threats by forming tice exchange in this ¿eld. The competent
with no apparent direct links to al-Qaeda new centres for combating terrorism and agencies and ministries of the 27 Member
and its extensive network. networking police agencies and secret States are invited to hand in articles for the
Even though Europe has a long history of services on national and European levels. upcoming issue. Proposals for topics can be
dealing with terrorism, from the 19th century Such centres exist for example in Spain and discussed with the editorial staff.
anarchists to the German Red Army Fac- Germany, and the reorganization of the Eu-
tion and the Italian Red Brigade in the 70s, ropean ¿ght against terrorism has already Please do not hesitate to contact us at
to name just a few groups, contemporary borne ¿rst fruits: British police frustrated the info@dnpe.de with any enquiries you may
transnational terrorism poses new and plans of a terrorist cell to detonate liquid have.

48 the new police in europe - 01/09

48 - Füller_goe.indd 48 22.04.2009 10:46:29


Titel und Anzeigen_goe.indd 8 22.04.2009 09:26:24
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