Preview document (🔗 origineel)

---

COUNCIL OF

THE EUROPEAN UNION



Brussels, 3 November 2008 





15084/08



CRIMORG 177

CATS 87



COVER NOTE

from:	Secretary-General of the European Commission,

signed by Mr Jordi AYET PUIGARNAU, Director

date of receipt:	30/10/2008

to:	Mr Javier SOLANA, Secretary-General/High Representative

Subject:	COMMISSION STAFF WORKING DOCUMENT

Best practice for launching a cross-border child abduction alert



Delegations will find attached Commission document SEC(2008) 2754 final.

________________________

Encl.: SEC(2008) 2754 final

	COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 30.10.2008

SEC(2008) 2754 final

  DOCPROPERTY "Classification"    

COMMISSION STAFF WORKING DOCUMENT

Best practice for launching a cross-border child abduction alert

Table of contents  TOC \o "1-3" \u  

1.	Introduction	  PAGEREF _Toc213045153 \h  3 

2.	Key elements of a "child abduction alert" mechanism	  PAGEREF
_Toc213045154 \h  3 

3.	Shaping the alert mechanism	  PAGEREF _Toc213045155 \h  3 

3.1.	Deciding to launch the alert	  PAGEREF _Toc213045156 \h  3 

3.2.	The common criteria for launching a cross-border alert	  PAGEREF
_Toc213045157 \h  4 

3.3.	The content of an alert message	  PAGEREF _Toc213045158 \h  4 

3.4.	The format for the posting of the alert message	  PAGEREF
_Toc213045159 \h  5 

3.5.	Territorial extension of the alert	  PAGEREF _Toc213045160 \h  5 

3.6.	Length of the alert	  PAGEREF _Toc213045161 \h  5 

3.7.	Dissemination of the alert	  PAGEREF _Toc213045162 \h  5 

3.8.	Collection of information	  PAGEREF _Toc213045163 \h  6 

3.9.	How is the mechanism formalised between stakeholders?	  PAGEREF
_Toc213045164 \h  7 

4.	Proposal for the rules on launching a cross-border alert	  PAGEREF
_Toc213045165 \h  7 

 

Introduction

The Commission communication "Towards a Strategy on the Rights of the
Child" of July 2006, and the informal Council meeting (JHA) on 1 and 2
October 2007, identified the need to develop cross-border mechanisms to
combat child abduction in border areas. 

This concern is shared by the European Parliament, which, in a
declaration adopted on 2 September 2008, called on the Member States to
put alert mechanisms in place and to conclude cooperation agreements to
allow for cross-border alerts. 

The purpose of this document is to draw up, based on experiences in
several Member States, the key elements of a "child abduction alert"
mechanism. If a "child abduction alert mechanism" is created in the
Member States in accordance with these common key elements, such a
mechanism could be the basis of effective cooperation between these
States in the event of child abduction in border area.

Key elements of a "child abduction alert" mechanism

Such a mechanism:

is meant to answer the need for a quick response in cases of child
abduction;

should involve the public: the proposed mechanism should not call on
members of the public to intervene themselves, but to help in the search
by immediately providing the authorities with any information likely to
help find the child and his/her abductor and therefore to help a person
in danger;

is meant to be restricted to child abductions in circumstances in which
there is reason to fear for the life of the child concerned; 

is meant to be used with caution, and only in very serious cases when
public information can help. The mechanism would be jeopardised if used
inappropriately or too often. The public might be overwhelmed and thus
no longer be inclined to respond and help;

should be based on a clear geographical scope (that may evolve over
time) defined according to indications given by the investigation;

should be based on a single "contact point" in each Member State.

Shaping the alert mechanism

The following questions need to be answered when developing a child
alert mechanism: 

Deciding to launch the alert

Existing mechanisms display various types of lines of command,
responsibilities, partners involved and target audiences.

There are two main types of decision-making:

1. Law enforcement authorities decide whether or not to launch an alert,
be it the police of its own accord or the police acting under the
order/authorisation of a Public Prosecutor.

2. An organisation with official status regarding abducted children and
able to provide services in cases of child abduction within the
framework of a protocol signed with the national law enforcement
authorities and listing the responsibilities and procedures to be
followed.

The common criteria for launching a cross-border alert

The added value of having alert mechanisms in all Member States is being
able to launch alerts quickly and easily in border regions. The minimum
common criteria for launching a cross-border alert would be that:

the victim is a minor (i.e. under 18 years of age);

it is a proven abduction; 

the health or the life of the victim is at high risk;

information is available which, once disseminated, will allow the victim
to be located;

publication of this information is not expected to add to the risk
facing the victim; 

there are good reasons to believe that the perpetrator has crossed the
border with the child;

the abduction occurred in a region very close to a border (or even
several borders) that can be an escape route for the perpetrator.

The content of an alert message

To facilitate the launch of a cross-border alert, the Member States
would have to agree on a standard message including the following common
fields in a predetermined order. 

The information provided would be the following: :

day, time and location of abduction;

first name of victim and recent picture;

if possible, information on the person suspected of having carried out
the abduction (including description, if any);

vehicle description (if any).

a free phone number to be called and e-mail address.

The format for the posting of the alert message

Depending on the means used for dissemination, the message should be
available in different formats:

poster-style written information suitable for printed materials (posters
and written press), for display on TV as info-spots and for display on
websites;

recorded vocal messages for television and radio broadcasters, public
transport companies and motorways; 

podcasts for internet service providers;

SMS and/or MMS-compatible written messages for dissemination to mobile
phones.

Territorial extension of the alert

Most of the Member States are of a size that would justify launching the
alert at national level. However, depending on the circumstances, more
locally focused alerts may be needed. 

The choice between nationwide or regional/local is a decision to be
taken by each Member State.

Length of the alert

Alerts of this kind should be short and highly focused by definition.
The length of the alert is to be decided by each Member State (the
countries operating such a mechanism employ different practices in this
respect, with alerts lasting from three hours to one week). Account
would need to be taken of the frequency of display/broadcast/posting of
the information, which is wide enough to allow the public to be reached.


The end of the alert would have to be broadcasted as widely as the alert
itself, so as to avoid confusion among the public (is the child still
missing?) and to avoid overburdening investigating officers with
outdated information. Withdrawal of the alert message is essential in
order to avoid secondary victimisation of the victim.

Dissemination of the alert 

The following have proven to be efficient in relaying and disseminating
information:

Stakeholders	Type of message	Suggested duration and frequency (*)
Termination of alert

Press agencies	Poster-style to be relayed to newspapers	Publication the
following morning	Poster-style message “found”

TV broadcasters (public and private)	Poster-style to be displayed as
info-spots

Or rolling titles at the bottom of the screen during any programme

	Or every 15’'' during any programme

	As above

Radio broadcasters (public and private)	Vocal message	Every 15’''
Vocal message “Found”

Traffic managers	“Alert – please listen to radio” displayed on
electronic road signs	Permanently if the traffic situation permits or as
often as possible in between traffic-related information.	“Alert –
found / end” displayed

Transport companies (public and private train, bus and taxi companies as
well as airports and harbour authorities when needed)	Poster-style to be
displayed on electronic screens (train stations, bus stations, airports,
harbours)

Paper posters to be affixed in train and bus stations, airports and
harbours

	As often as traffic permits

	Poster-style message “found”

Paper posters removal within 24 hours.



Internet service providers	Poster-style or rolling titles or pop-up
displays to be relayed to websites that have subscribed.	To be
negotiated but preferably permanently or on first access to the website
Poster-style or rolling titles or pop-up display message “found”

Mobile phones companies	SMS/MMS-pre-formatted messages sent to all (or
sections of) subscribers to the service	Sent once, as soon as received
SMS/MMS-pre-formatted message “found”

Banks	Message to be displayed on cash-point screens	During “waiting”
period	“Alert – found / end” displayed

(*) All these messages should be disseminated for 12 or, possibly, 24
hours, depending on when the first message is sent (late at night or in
the morning, etc.) or as soon as the victim is found.

Collection of information

Investigating officers (police and prosecuting authorities) need to
receive the information collected as soon as possible. The way this
information is collected, stored, and transferred depends on the
decision-making process established for the alert mechanism in each
Member State.

Should the decision-making process involve the law enforcement
authorities, a specific 24/7 telephone line would need to be established
within their services, which, in turn, must convey the information to
the investigating officers as quickly as possible.

How is the mechanism formalised between stakeholders?

Stakeholders are:

authorities responsible for justice, police, transport, media or
telecommunications matters (and others, depending on each national
situation);

organisations officially appointed by the national authorities to handle
cases of child abduction;

public or private companies, press agencies, TV and radio broadcasters,
internet service providers, traffic managers, transport companies,
airport and harbour authorities, mobile phone companies, etc.

Cooperation between the various parties involved would require a close
partnership between public and private entities. 

Proposal for the rules on launching a cross-border alert

Cross-border cases call for agreement on common minimum standards that
respect the internal organisational or constitutional rules of the
Member States. 

A possible scenario for such an event might be as follows:

Issue of a "pre-alert" as soon as possible after a cross-border alert is
envisaged, i.e. contact to be made with the Member State authorities
concerned.

Upon request from investigating officers, the national law enforcement
authority sends a request to (an) other Member State(s) authorities with
the standardised message allowing the information to be assimilated
quickly by the Member States concerned.

The central police services of the Member States concerned establish a
communication channel.

The Member State(s) launches(launch) a (local or national) alert using
its(their) own (similar) system.

Information received from the public (via the Member States' own
mechanism) is quickly transferred to the central police services of the
requesting Member State.

Dissemination of an "end of alert" message to the Member States
concerned when maintaining the alert no longer appears justified. The
“found/end” message must be relayed to all previously contacted
Member State. 

To enable the launch of their national alert mechanisms, the Member
States would need to: 

establish a protocol setting out, for each Member State, the conditions
of use of the alert and the legal framework for intervention (competent
authorities, applicable procedures, including questioning of suspects,
etc.); 

draw up a directory or a "crisis handbook" to be used in an emergency
and containing the contact details for all of the national points of
contact (legal authorities, investigative services, etc.) responsible
for launching and subsequently monitoring alert procedures;

define common channels of communication: the Member States are
encouraged to define a single channel of communication so as to enable
full and fast transmission of the available information and to use the
SIRENE system where possible, without necessarily excluding other
channels of communication where it seems possible to use them within the
framework of bilateral cooperation and without prejudging the usefulness
of designating legal points of contact where the national law of the
Member States provides for the intervention of such authorities;

define a common working language to facilitate communication when
necessary;

where more than two Member States are concerned, consider ways to share
information, specifically by setting up a pre-defined Intranet forum to
centralise the necessary information, taking account of the need to draw
up a legal framework for sharing information in this way, as well as
guarantees of confidentiality and security. 

	An "organisation" is taken to be any of the following: an NGO, a public
organisation or a private organisation.

	Art. 1 of the UN Convention on the Rights of the Child. 

	Poster-style means a picture plus text as defined in point 6, with no
possibility of addition or subtraction.

	Same as above but with "Found" clearly marked on it.

	"Subscribers" refers to people who have officially registered, in
writing or on-line, acknowledging that they are willing to receive such
messages.

15084/08		GS/np	  PAGE  1 

	DG H 2B	  EN

EN		  DOCPROPERTY "Classification" \* MERGEFORMAT    	EN

EN	  PAGE  \* MERGEFORMAT  2 	  DOCPROPERTY "Classification" \*
MERGEFORMAT    	EN