Council Framework Decision 2002/465/JHA of 13 June 2002 on joint investigation teams

The Member States meeting in Tampere in 1999 called for joint investigation teams to be set up without delay with a view to combating trafficking in drugs and human beings, as well as terrorism. The Convention on Mutual Assistance in Criminal Matters adopted in May 2000 provides for the setting-up of joint investigation teams.

In view of slow progress towards ratification of the Convention by the Member States in June 2002, the Council adopted this Framework Decision on joint investigation teams, which the Member States were to implement by 1 January 2003. It shall cease to have effect when the Convention on Mutual Assistance in Criminal Matters between Member States of the European Union has entered into force in all Member States.

In order to carry out criminal investigations in Member States which necessitate coordinated and concerted action, at least two Member States may set up a joint investigation team. To that end, the competent authorities of the relevant Member States enter into an agreement determining the procedures to be followed by the team. The joint team must be set up for:

• a specific purpose; and
• a limited period (which may be renewed with the agreement of all the parties involved).

The Member States that set up the team will decide on its composition, purpose and duration. They may also allow representatives of Europol and OLAF and representatives of third countries take part in the team's activities.

Members of the joint investigation team from Member States other than the Member State in which the team operates are referred to as being "seconded" to the team. They may carry out tasks in accordance with the law of the Member State where the team is operating.

With respect to offences committed by them or against them, officials from a Member State other than the Member State of operation are to be regarded as officials of the Member State of operation.