Council of the European Union Brussels, 13 January 2016 (OR. en) 7644/1/05 REV 1 DCL 1 CRIMORG 31 DECLASSIFICATION of document: ST 7644/1/05 REV 1 RESTREINT UE dated: 2 May 2005 new status: Public Subject: EVALUATIONREPORT THIRD ROUND OF MUTUAL EVALUATIONS "EXCHANGE OF INFORMATION AND INTELLIGENCE BETWEEN EUROPOL AND THE MEMBER STATES AND BETWEEN THE MEMBER STATES RESPECTIVELY" REPORT ON ITALY Delegations will find attached the declassified version of the above document. The text of this document is identical to the previous version. 7644/1/05 REV 1 DCL 1 VG DG F 2A EN RESTREINT UE COUNCIL OF Brussels, 2 May 2005 THE EUROPEAN UNION 7644/1/05 REV 1 RESTREINT UE CRIMORG 31 EVALUATION REPORT ON THE THIRD ROUND OF MUTUAL EVALUATIONS "EXCHANGE OF INFORMATION AND INTELLIGENCE BETWEEN EUROPOL AND THE MEMBER STATES AND BETWEEN THE MEMBER STATES RESPECTIVELY" REPORT ON ITALY 7644/1/05 REV 1 EL/ld 1 DG H III RESTREINT UE EN RESTREINT UE TABLE OF CONTENTS 1. INTRODUCTION ........................................................................................................................ 3 2. GENERAL INFORMATION AND STRUCTURES ................................................................... 4 3. INTERNAL ORGANISATION OF THE EXCHANGE OF INFORMATION ........................ 38 4. EXTERNAL EXCHANGE OF INFORMATION ..................................................................... 40 5. EXCHANGE OF INFORMATION BETWEEN MEMBER STATES AND EUROPOL ......... 41 6. EVALUATION BY EXPERT TEAM ......................................................................................... 43 7. GENERAL CONCLUSIONS AND RECOMMENDATIONS OF THE EXPERT TEAM ....... 61 ANNEXES ANNEX A: Programme of visits ...................................................................................................... 64 ANNEX B: List of persons met ......................................................................................................... 66 ANNEX C: List of abbreviations ....................................................................................................... 67 _____________________ 7644/1/05 REV 1 EL/ld 2 DG H III RESTREINT UE EN RESTREINT UE 1. INTRODUCTION 1.1. Following the adoption of the Joint Action of 5 December 1997, a mechanism for evaluating the application and implementation at national level of international undertakings in the fight against organised crime was established. 1.2. Following a proposal originating from the Swedish delegation and taken up by the Presidency to evaluate the supply of information and intelligence to Europol and the exchange of information and intelligence between Member States, the MDG adopted the proposal at its meeting on 3 and 4 June 2002. 1.3. At its meeting on 3 December 2002 the MDG approved the questionnaire on the third round of mutual evaluations on the topic "exchange of information and intelligence between Europol and the Member States and among the Member States respectively". 1.4. Following discussion at the MDG meeting on 9 January 2003, a list showing the order of Member States to be visited was agreed. Italy is the eleventh Member State to be evaluated during the third round of evaluations. 1.5. The questionnaires and the objectives of this evaluation are contained in document 11679/3/02 REV 3 CRIMORG 71. 1.6. The experts in charge of this evaluation were: Mr. Henri DELARUE (France), Mr. Evangelos LOUKOUMIS (Greece) and Mr. Luc REDING (Luxembourg). Two observers, Mr. Olivier CHEVREUL (EUROPOL) and Mr. Michael MERKER (Commission), were also present together with the General Secretariat of the Council. 1.7. The evaluation team has prepared the following report with the assistance of the Council Secretariat, on the basis of the observations and conclusions of the experts in the team together with the Italian authorities' answers to the questionnaire. 7644/1/05 REV 1 EL/ld 3 DG H III RESTREINT UE EN RESTREINT UE 1.8. The report first deals with general information and structures (2), followed by the internal organisation of the exchange of information (3) and of the external exchange of information (4) and then deals more specifically with Europol (5). In the last chapter, the experts make a global and technical evaluation and then propose some recommendations to enhance cooperation and effectiveness in the exchange of information within Italy and with other Member States and Europol. 2. GENERAL INFORMATION AND STRUCTURES1 2.1 THE STATE POLICE 2.1.1 HISTORY During the period of Italian unification, the role of the police became more prominent and wide-ranging; the citizen's right to security was seen as an essential element of the modern, democratic state. This was the view of King Carlo Alberto who, when granting Sardinia its liberal Statute in 1848, deemed it appropriate to re-establish the Police with the new name of Public Security. In 1852, the Corps of Public Security Guards (Corpo delle Guardie di Pubblica Sicurezza) was established, the first step on a long process of renewal and reform, which ended, at least as regards the principles of the system, more than a century later, when the 1981 reform law ushered in the era of the "Law 121" ("Legge 121"). The reform and its implementation were guided by two fundamental principles which have been a constant feature of the history of the public security forces: − the central management of the police forces; − the closeness of the police to the citizen. 1 This part of the report is based largely on the answers to the answers to the questionnaire. 7644/1/05 REV 1 EL/ld 4 DG H III RESTREINT UE EN RESTREINT UE The first point was the core reason for the recommendations made by Minister for the Interior Ricasoli in 1867, when the powers of the public security forces were extended to all the provinces of the Kingdom of Italy and it became clear that the security forces had to be managed from a central point: "The sole authority in charge of public security shall be the Minister for the Interior, under whose responsibility, in the provinces and districts, it shall be administered by the prefects, sub prefects and police chiefs". The Minister for the Interior is the national public security authority and the head of the public order and security service; he coordinates the duties and activities of the police forces and adopts provisions on public order and security, assisted by the Public Security Administration. That Administration includes the Department of Public Security, headed by the Chief of Police – Director-General of Public Security, who is responsible for implementing public order and security policy, the technical and operational coordination of the police forces, the management and administration of the State Police and the management of the public order and security technical support services, including those used for the general requirements of the Ministry of the Interior. The second point of the reform process, the closeness of the police forces to the citizen, is the baseline along which the institution has developed its capacity to provide the citizen with a secure environment in the most diverse situations, from crime-fighting to assisting the public. 2.1.2 Department of Public Security At the head of the Department of Public Security is a Prefect, with the role of Chief of Police, Director-General of Public Security; there is also a Deputy Director-General to assist him, a Deputy Director-General for coordination and planning and a Deputy Director-General in charge of the Central Directorate for the Criminal Police. 7644/1/05 REV 1 EL/ld 5 DG H III RESTREINT UE EN RESTREINT UE The Department is responsible for: − implementing public order and security policy; − technical and operational coordination of the Police Forces; − management and administration of the State Police; − management of technical support services, including those used for the general requirements of the Ministry of the Interior. The Department's structure and procedures are laid down in Law No 121/81 and follow the general principles of ministerial administration; it is organised in the following Central Directorates and Offices of equivalent level, some of which are inter-agency units: − Office for the Coordination and Planning of the Police Forces − Central Inspection Office − Central Directorate for General Affairs of the State Police − Central Directorate for Criminal Police1 − Central Directorate for Prevention − Central Directorate for Immigration and Border Police − Central Directorate for Road Traffic, Rail, and Communications Police and for the State Police Special Units − Central Directorate for Drugs Control − Central Directorate for Human Resources − Central Directorate for Police Training − Central Directorate for Health − Central Directorate for Technical and Logistical Services and Property Management − Central Directorate for Accounts − Central Directorate for Anti-Mafia Investigations − Police Institute − Police Training Academy. 1 A new Directorate has been created which is called Central Directorate Anti Crime, which comprises three services (Central Operational Service, Scientific Police Service and Territory Control Service) which belonged before to Central Directorate for Criminal Police. These services aim to coordinate the activities of the State Police in charge of combating organised crime. Decree law no 45, 31 March 2005, (published in OJ on 1 April 2005.) 7644/1/05 REV 1 EL/ld 6 DG H III RESTREINT UE EN RESTREINT UE National structure The State Police is structured nationwide as follows: − Questure (provincial police