Fiches Belges

Cross-border surveillance is an operation in which the surveillance carried out in State A - the requesting State, is continued in the territory of another State B - the requested State. The provisions of Article 40 of the Convention Implementing the Schengen Agreement, regulated by Resolution of the Assembly of the Republic No. 35/93, constitute one of the legal bases of cross-border surveillance operations, allowing agents of Member States to continue a surveillance started on their territory beyond their borders, but requiring authorisation from the country or countries involved.

There is no internal law which governs cross-border co-operation, especially cross-border observation. This subject and all the activities undertaken in this area are therefore governed by the standards of the convention for applying the Schengen Agreement to which Portugal is party.

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However, Decree-Law No. 49/2017 of 24 May added to Law No. 54/2008 (Internal Security Law) article 23-A, dedicated to the Single Point of Contact for International Police Cooperation (PUC-CPI), which is the operational centre responsible for the coordination of international police cooperation, ensuring the routing of national information requests, the reception, routing and national dissemination of information from foreign police authorities, the transmission of information and the satisfaction of requests made by them. The PUC-CPI is responsible for ensuring that the mechanisms and instruments of international police cooperation are operational.