Key Benefits:
63. Reaction of the Federal Chancellor concerning the scope of the Treaty between the Kingdom of Belgium, the Federal Republic of Germany, the Kingdom of Spain, the French Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands and the Republic of Austria on the deepening of cross-border cooperation, in particular in the fight against terrorism, cross-border crime and illegal migration
According to information from the Federal Foreign Office of the Federal Republic of Germany, the following other states have their instruments of ratification or Accession instruments to the Treaty between the Kingdom of Belgium, the Federal Republic of Germany, the Kingdom of Spain, the French Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands and the Republic of Austria on the deepening of the Treaty cross-border cooperation, in particular in the fight against terrorism, cross-border crime and illegal migration (made in BGBl). III n ° 159/2006, last proclamation of the BGBl scope. (III) No 81/2007)
States: |
Deposit of the instruments of ratification or Certificate of Accession: |
Entry into force Art. 50 (1), second sentence: |
Finland |
19 March 2007 |
17 June 2007 |
France |
2 October 2007 |
31 December 2007 |
Netherlands |
20 February 2008 |
20 May 2008 |
Hungary |
16 October 2007 |
14. January 2008 |
On the occasion of the deposit of their instruments of ratification or The following declaration has been issued by the following States:
Finland:
Declaration on Art. 2 (3):
For Finland, the DNA database referred to in Article 2 (3) of the Treaty is the National DNA database, the data of which are part of the National Forced Measures Act ("Coercive Measures Act", 450/1987) and the Law on Processing. of personal data by the police (Act on the Processing of Personal Data by Police, 761/2003) are the police department. The DNA profile can be stored in the recognition service database of the police for the fulfilment of the obligations arising from Section 1, Section 1 of the Police Act ("Police Act", 493/1995). The competent authority ("filekeeper") for the database is the Supreme Police Command ("Supreme Police Command"). The National Bureau of Investigation (NBI) is responsible for the maintenance and use of the DNA database. If a DNA sample is taken by a suspect or a convicted offender in accordance with the law on coercive measures, corresponding entries shall be made in the police identification database.
According to section 37 of the law on the processing of personal data by the police, the police may collect data from a police file containing personal data intended for the purpose of fulfilling the provisions of Section 1, Section 1 of the Police Act , it shall pass on to police authorities and other authorities within the Member States of the European Union and of the European Economic Area, whose duties are to safeguard the judicial and social Order, the maintenance of public order and security, and the To prevent or investigate criminal offences and to forward such cases to a prosecutor for the purpose of examining the charges, provided that the data are essential for the fulfilment of the respective obligations. Data from a police file containing personal data set up for the purpose of fulfilling the obligations laid down in Section 1, Section 3 of the Police Act, may be passed on if the data for the Fulfilment of the obligation for which they have been collected and recorded are essential.
In accordance with Article 42 (1), Finland shall designate the following national contact and coordination bodies:
1. National Contact Point for the DNA Analysis pursuant to Art. 6 (1):
National Bureau of Investigation [National Investigation Authority] |
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Criminal Intelligence Division/Communications Centre |
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[criminal police department/communication centre] |
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P.O. Box 285 (Hausanschrift: Jokiniemenkuja 4) |
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FI-01301 Vantaa, Finland |
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(Note: DNA analysis possible during office hours) |
2. National contact point for the dactyloscopic data in accordance with Art. 11 (1):
National Bureau of Investigation [National Investigation Authority] |
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Criminal Intelligence Division/Communications Centre |
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[criminal police department/communication centre] |
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P.O. Box 285 (Hausanschrift: Jokiniemenkuja 4) |
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FI-01301 Vantaa, Finland |
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(Note: Fingerprint analysis possible during office hours) |
3. National Contact Point for the data from the vehicle registers pursuant to Art. 12 (2):
National Bureau of Investigation [National Investigation Authority] |
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Criminal Intelligence Division/Communications Centre |
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[criminal police department/communication centre] |
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P.O. Box 285 (Hausanschrift: Jokiniemenkuja 4) |
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FI-01301 Vantaa, Finland |
4. National Contact Point for the exchange of information at major events in accordance with Art. 15:
National Bureau of Investigation [National Investigation Authority] |
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Criminal Intelligence Division/Communications Centre |
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[criminal police department/communication centre] |
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P.O. Box 285 (Hausanschrift: Jokiniemenkuja 4) |
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FI-01301 Vantaa, Finland |
5. National Contact Point for the exchange of information on the prevention of terrorist acts in accordance with Art. 16 (3):
The Finnish Security Police [the Finnish Security Police] |
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P.O. Box 151 |
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FI-00121 Helsinki, Finland |
6. National contact and coordination office for the air safety companions in accordance with Art. 19:
National Traffic Police, Helsinki-Vantaa Airport Unit |
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[ National traffic police, responsible unit for Helsinki airport-Vantaa) |
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Lentäjäntie 1B or P.O. Box 26 |
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FI-01531 Vantaa, Finland |
7. National Contact and Coordination Office for the Document Advisers pursuant to Art. 22:
National Bureau of Investigation [National Investigation Authority] |
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Criminal Intelligence Division/Communications Centre |
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[criminal police department/communication centre] |
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P.O. Box 285 (Hausanschrift: Jokiniemenkuja 4) |
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FI-01301 Vantaa, Finland |
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(Note: analysis of documents during office hours possible) |
8. National Contact Point for the Planning and Implementation of Repatriation pursuant to Art. 23 (3):
Border Guard, Gulf of Finland Coast Guard District |
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[Border Guard, Coast Guard of the Gulf of Gulf of Finland] |
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Helsinki-Vantaan Rajatarkastusyksikkö |
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Helsinki-Vantaa Border Control Unit |
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[Border Control Unit Helsinki-Vantaa] |
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P.O. Box (Lentäjäntie 1) |
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FI-01531 Vantaa |
9. National authorities and civil servants according to Articles 24 to 27:
(a) competent authorities for common strips and other types of police operations in accordance with Art. 24:
Ministry of the Interior, Police Department, Operational Policing Unit |
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[Ministry of the Interior, Police Department, Subdivision for Police Affairs] |
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FI-00023 Government, Finland |
(b) officials or other public servants who are entitled to participate in police operations in accordance with Art. 24:
Police, border guards and customs authorities responsible under Finnish law to cooperate in the case of operations under Article 24 of this Regulation. |
(c) authorities to be notified in the event of measures under present danger, in accordance with Art. 25:
Ministry of the Interior, Police Department, Operational Policing Unit |
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[Ministry of the Interior, Police Department, Subdivision for Police Affairs] |
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FI-00023 Government, Finland |
(d) competent authorities for mutual assistance in the event of major events, disasters and serious accidents under Art. 26:
Ministry of the Interior, Police Department, Operational Policing Unit |
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[Ministry of the Interior, Police Department, Subdivision for Police Affairs] |
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FI-00023 Government, Finland |
(e) competent authorities for cooperation on request under Art. 27:
Ministry of the Interior, Police Department, Operational Policing Unit |
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[Ministry of the Interior, Police Department, Subdivision for Police Affairs] |
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FI-00023 Government, Finland |
France:
Declaration on Art. 2 para. 3: DNA
1) Art. 2 para. 3: National DNA analysis files, to which Articles 2 to 6 apply:
Reference file of the National File of Genetic Fingerprints (FNAEG)
2) Conditions for retrieval:
The retrieval of the site version of the national file of genetic fingerprints can only be permitted for officers of the criminal police in the context of investigations relating to persons in whom there are one or more valid reasons for the There are suspicions that they have committed a crime or a crime.
Declaration on Art. 42 (1): National Contact Points
1) Art. 6 (1): DNA = SCCOPOL
DCPJ/DRI/SCCOPOL |
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101-103 rue des Trois Fontanot |
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92000 Nanterre |
(2) Art. 11 (1): DaktylosCopic Data = SCCOPOL
DCPJ/DRI/SCCOPOL |
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101-103 rue des Trois Fontanot |
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92000 Nanterre |
3) Art. 12 (2): Vehicles = SCCOPOL
DCPJ/DRI/SCCOPOL |
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101-103 rue des Trois Fontanot |
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92000 Nanterre |
4) Art. 15: Other data exchange = Sport-and other major events: SCCOPOL
DCPJ/DRI/SCCOPOL |
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101-103 rue des Trois Fontanot |
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92000 Nanterre |
(5) Art. 16 (3): Terrorism: SCCOPOL
DCPJ/DRI/SCCOPOL |
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101-103 rue des Trois Fontanot |
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92000 Nanterre |
6) Art. 19: Aviation Safety attendant: PAF = EM-DCPAF Information and Leadership Centre
DCPAF |
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8 rue de Penthièvre |
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75800 Paris cedex |
7) Art. 22: Documents falsified and falsified: PAF = EM-DCPAF Information and management centre
DCPAF |
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8 rue de Penthièvre |
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75800 Paris cedex |
8) Art. 23 (3): Repatriation: PAF = EM-DCPAF Information and management centre
DCPAF |
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8 rue de Penthièvre |
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75800 Paris cedex |
9) Art. 24 to 27: Further forms of cooperation = Cross-border cooperation: PAF = EM-DCPAF Information and management centre
DCPAF |
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8 rue de Penthièvre |
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75800 Paris cedex |
Netherlands:
Declaration on Art. 2 (3):
The Kingdom of the Netherlands allows the national contact services of the other Contracting Parties access to the reference data of their national DNA analysis files with the right to be automated in an individual case by means of a To obtain a comparison of the DNA profiles solely for the purpose of prosecuting such offences, which is the condition for the authorisation of a European arrest warrant under Article 2 (1) or (2) of the Council Framework Decision of 13 June 2002 on the European arrest warrant and the surrender procedures between the Member States, OJ No. OJ L 190 of 18.7.2002, 1.
In accordance with Article 42 (1) of the Treaty, the Kingdom of the Netherlands shall designate the following authorities responsible for the application of the Treaty:
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the Netherlands Criminal Institute (Nederlands Forenisch Instituut/NFI) as a national contact point within the meaning of Article 6 (1) of the Treaty; |
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the State Police Corps (Korps Landelijke Politiediensten/KLPD) as a national contact point within the meaning of Article 11 (1) of the Treaty; |
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the State Power Fahramt (Rijksdienst voor het Wegverkeer/RDW) as a national contact point within the meaning of Article 12 (2) of the Treaty; |
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the State Police Corps (Korps Landelijke Politiediensten/KLPD) as a national contact point within the meaning of Article 15 of the Treaty; |
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the National Coordinator of Terrorism (Nationaal Coördinator Terrorismebestrijding/NCTb) as a national contact point within the meaning of Article 16 (3) of the Treaty; |
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the Brigade Speciale Beveiligingsopdrachten (BSB) of the Royal Marechaussee, as a national coordinating body within the meaning of Article 17 (4) of the Treaty; |
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The Unit for Police and Security Tasks, Division of Armed Protection (Brigade Politie en Beveiliging, Afdeling Whalging Beveiliging) of the Royal Marechaussee as a national contact point within the meaning of Article 18 (2) of the Treaty; |
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the Head of the Competence Centre for Identity Fraud and Document Examination (Expertise Centrum Identiteitsfraude en Documenten/ECID) of the Royal Marechaussee as a national contact and coordination body within the meaning of Article 22 of the Treaty; |
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the return and return service (Terugkeer en Representative/DT&V service), Department of Special Repatriation Measures and Journals (Afdeling bijzonder jusk en boekingen), the Ministry of Justice as a national contact point in the sense of Art. Article 23 (3) of the Treaty; |
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the State Police Corps, the Office for Conflict and Crisis Management (Korps Landelijke Politiediensten/KLPD, Bureau Conflicten en Crisisbeheersing), the joint offices of the police regions concerned and the " Commander of national and foreign squads " of Royal Marechaussee as national contact points within the meaning of Art. 25 of the Treaty; |
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The Central Operations Coordination Centre (Landelijk Operationeel Coördinatie Centrum/LOCC) of the Ministry of the Interior and Royal Relations as a national contact point within the meaning of Article 26 of the Treaty; |
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the Office for International Affairs (Bureau Internationale Zaken) of the Ministry of the Interior and Kingdomy Relations and the Department of Operational Affairs and Event Management (Afdeling Operationele Zaken en Incidentenmanagement) of the Ministry of Justice as a national contact point within the meaning of Article 28 of the Treaty. |
For the purposes of the application of Articles 24 to 27 of the Treaty, in accordance with Article 42 (1) of the Treaty, the Heads of Police of the Police Regions and of the State Police Corps, as well as the Commander of the Royal Marechaussee, shall be the competent authority and the police officers in the The terms of Art. 3 of the Police Act (Politiewet 1993) and the military personnel of the Royal Marechaussee, which are responsible for the conduct of police tasks within the meaning of Article 6 (1) of the Police Act, are designated as competent officials.
Hungary:
Declaration on Art. 2 (3):
a) |
The national DNA analysis file referred to in Article 2 (3) of the Prüm Treaty is the register of DNA profiles, referred to in Chapter VI of the LXXXV/1999 Act, which forms part of the criminal record. |
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b) |
For the automated retrieval referred to in Article 2 (3), our national law does not specify any conditions. |
Declaration on Art. 42:
a) |
The National Contact Point pursuant to Art. 6 (1), Art. 11 (1) and Article 12 (2) of the Prüm Treaty is the Central Office for Administration and Electronic Public Services. |
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b) |
The national contact point referred to in Article 15, Art. 16 (3) and Article 19 of the Prüm Treaty is the Hungarian Police Presidium. |
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c) |
The national contact and coordination body referred to in Article 22 of the Prüm Treaty shall be up to 1. January 2008 the General Command of the Hungarian Border Guard, from 1. Jänner 2008 the Hungarian Police Presidium. |
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d) |
The national contact point referred to in Article 23 (3) of the Prüm Treaty is the Office of Immigration and Nationality. |
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e) |
As authorities and civil servants with responsibilities under Articles 24 to 27 of the Prüm Treaty, the police and customs and financial services, or officials of the police and customs and financial services, shall be considered. |
Gusenbauer