COUNCIL RESOLUTION of 9 June 1997 concerning a handbook for joint customs surveillance operations (97/C 193/03)

THE COUNCIL OF THE EUROPEAN UNION,

In view of the importance of improving the effectiveness of the fight against illicit traffic in sensitive goods in general and illicit drug trafficking in particular,

Having regard to the report of the group of drugs experts approved by the European Council in Madrid in 1995, which included a proposal to strengthen controls on the external frontiers of the European Union,

Whereas priority is being given to the further improvement of practical cooperation to strengthen external frontier controls, especially by organizing joint customs surveillance operations;

Whereas on 29 November 1996 the Council approved revised arrangements for joint customs surveillance operations;

Whereas there is a need to lay down guidelines for the organization of joint customs surveillance operations,

HEREBY RESOLVES:

to strengthen practical cooperation between the customs authorities of the Member States, especially by organizing joint customs surveillance operations;

further to strengthen and structure the existing cooperation between the customs authorities of the Member States in the field of customs surveillance operations, and to this end to act in accordance with the guidelines laid down in the handbook agreed upon by the competent Council Group and annexed to this resolution when preparing, implementing and evaluating joint customs surveillance operations. The competent Council Group may amend this handbook in the light of its experience of conducting joint customs surveillance operations.

ANNEX

HANDBOOK FOR JOINT CUSTOMS SURVEILLANCE OPERATIONS (JSO)

I. General organizational structure of JSO

1. JSO take place under the auspices of the competent Council group. The group devotes at least two meetings a year to operational matters (expert meetings), it being understood that each Presidency schedules at least one meeting on this subject.

2. The expert meeting initiates operations and agrees upon both the business case and the terms of reference of operations. Periodically, and at least once a year at an appointed time, the expert group draws up a list of the operations to be carried out, taking account of the multiannual plans for certain categories of operations. The group approves the list of operations agreed by the expert meeting. If required, operations can also be directly initiated and approved by the group.

3. For each operation, a business case containing details of the operation is drawn up for discussion in the expert meeting. A model business case specifying the items to be included is attached to this handbook (Section II).

4. The terms of reference set out the background and aims of the operation and other details, including the support for the operations to be provided by the Commission of the European Communities in the field of communication by the Scent/CIS-system. A model specifying what the terms of reference should include is annexed to this handbook (Section III). The terms of reference also include an expenditure budget. 'Expenditure` covers the costs of briefing and debriefing meetings and the running costs of the operation coordination unit (OCU) in connection with room hire, interpreting, apparatus, communications, etc.

5. The expert meeting assigns each operation to one Member State, which volunteers to act as operation coordinator. In addition, a customs administration may be designated which organizes the debriefing meeting. If no Member State volunteers as operation coordinator, the Member State holding the Presidency will act as coordinator. The coordinator sets up an appropriate operation coordination unit (OCU) for the joint surveillance operation. In setting up the OCU, account is taken of the nature and scope of the operation. The OCU's operational parameters are laid down in the terms of reference.

6. Non-EU countries may be invited by the operation coordinator to take part in the JSO. Non-EU countries taking part in operations are not entitled to attend the abovementioned meetings. They are free however to attend briefing and debriefing meetings connected with operations in which they are involved. Other law enforcement agencies may take part in the JSO. Where appropriate, they are invited to take part by the Member State to which they belong.

7. The operation coordinator is responsible for notifying participating States of forthcoming operations. A model notification is annexed to this handbook (Section IV).

8. If it is desirable for the proper running of the operation for liaison officers to be placed on the OCU, each participating State sends one or more liaison officers if possible. The interests of a State which does not send any liaison officers are looked after by the operation coordinator, if so desired and as far as possible. The liaison officers maintain contacts with their national contact points.

9. The operation coordinator is responsible for organizing a briefing. If no briefing is required for a particular operation, this is stated in the business case for the JSO and also in the terms of reference.

10. To enable the participating States to prepare themselves for the operation, general information on the duration and anticipated dates of the operation is provided beforehand. To ensure confidentiality, specific and final details are provided during the briefing. If no briefing is held, the operation coordinator ensures that this information is passed on in some other way. Confidentiality is to be guaranteed at all times.

11. The operation coordinator is responsible for drawing up a draft report for discussion in the debriefing meeting after an operation has been completed. The report is drawn up, and the debriefing is held, within two months of the end of the operation. A model report is annexed to this handbook (Section V). The report is provisionally approved at the debriefing meeting, after any amendments or additions have been made.

12. If the operation coordinator is a State other than the one holding the Presidency, it submits the report to the Presidency within three monts of the end of the operation. The Presidency places the discussion of the report on the agenda for an expert meeting; at this meeting, further amendments and additions to the report can be made. Finally, the Group finalizes and approves the definitive report.

II. Model business case for proposed JSO (1)

Introduction.

Reasons:

- general,

- threat assessment,

- objectives,

- participating States,

- procedures.

Preparation.

Forecast of the costs of the operation:

- briefing meeting,

- running of the OCU,

- debriefing meeting,

- OISIN application.

Reporting.

III. Model terms of reference for JSO (2)

Codename of the operation.

Type of operation: (sea, air, land, etc.).

Further details: (type of vehicles, mode of transport, type of goods).

Background to the proposal.

Information on the assessment of the threat.

Purpose of the operation.

Type of traffic to be targeted.

Criteria for assessing the results of the operation.

Details of practical arrangements:

- expected participants,

- duration of the operation,

- operational parameters of the OCU,

- communications arrangements,

- classification of goods or means of transport,

- abbreviations and codes,

- briefing and debriefing plans,

- other logistical requirements,

- financing.

IV. Model notification to customs administrations of forthcoming JSO (3)

Type and purpose of the operation.

Date and place of briefing.

Description of the officials expected at the briefing.

Agenda for the briefing.

Financing.

V. Model debriefing report (4)

Framework within which the operation took place.

Operation coordinator.

Participating countries and liaison officers.

Objectives of the operation.

Summary of the results.

Statistics.

Costs (OCU, briefing, debriefing).

Observations made during the debriefing or at other times with a view to subsequent operations.

(1) This model is intended to ensure that proposals for new operations are presented in such a way that appropriate decisions can be taken.

(2) After a proposal has been accepted, this model should be used to formulate the terms of reference for the operation.

(3) This model should be used for notifying customs administrations of forthcoming operations.

(4) The purpose of this model is to ensure adequate evaluation of the operation.