Advanced Search

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...

Original Language Title: Geltungsbereich des Vertrages zwischen dem Königreich Belgien, der Bundesrepublik Deutschland, dem Königreich Spanien, der Französischen Republik, dem Großherzogtum Luxemburg, dem Königreich der ...

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

81. Revelation 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):

States:

Deposit of the instruments of ratification or Certificate of Accession:

In-force pedals according to

Art. 50 (1), second sentence:

Belgium

5 February 2007

6 May 2007

Luxembourg

8 February 2007

9 May 2007

Slovenia

10 May 2007

8 August 2007

On the occasion of the deposit of their instruments of ratification or The following declaration has been issued by the following States:

Belgium:

Declaration on Art. 2 (3):

Articles 2 to 6 of the Treaty apply to the DNA analysis file "Condemned" as defined in Art. 5 of the Law of 22 March 1999 on identification processes by means of DNA analysis in the field of law enforcement.

Declaration on Art. 42:

1.

The National Contact Point for DNA Analysis pursuant to Art. 6 para. 1 is the National Institute for Criminalism and Criminology of the Federal Justice Service.

2.

The national contact point for dactyloscopic data in accordance with Art. 11 is the identification service at the Directorate-General of the Criminal Police Department at the Federal Police.

3.

The national contact point for data from the vehicle registers in accordance with Art. 12 para. 2 is the registration service at the Directorate-General for Road Transport and Safety of the Federal Service Mobility and Transport.

4.

The National Contact Point for the exchange of information in the context of major events under Article 15 is the Directorate for Operations and Information at the Directorate-General for Administrative Police of the Federal Police.

5.

The National Contact Point for the transmission of information on the prevention of terrorist offences in accordance with Article 16 (3) is the Central Service for the Suppression of Terrorism at the Directorate General of the Criminal Police Department of the Federal Police.

6.

The national contact and coordination office for the flight safety companions according to Art. 19 is the Air Transport Inspection at the Directorate-General for Air Transport of the Federal Service for Mobility and Transport.

7.

The National Contact and Coordination Office for the Document Advisers pursuant to Art. 22 is the Central Service for Counterfeit Control at the Directorate-General for Administrative Police of the Federal Police.

8.

The national contact point for the planning and implementation of returns pursuant to Art. 23 (3) is the Directorate-General for Foreign Affairs of the Federal Office for Foreign Affairs.

9.

Pursuant to Articles 24 to 27, the competent authorities and officials shall be those who carry out police operations in accordance with the national law of Belgium.

Luxembourg:

In accordance with Article 2 (2), the Grand Duchy of Luxembourg states that the national DNA analysis files to which Articles 2 to 6 are applied are those to which the law on fingerprints in the field of law enforcement, amended on 25 August 2006, is amended. This means that it is applied:

1.

the criminalistic DNA treatment, which records DNA profiles produced in the context of previous evidence surveys or ongoing preliminary investigations based on human cells:

discovered at the Tatorten or elsewhere, identified or not, or

have been fixed in the case of suspected or accused persons;

2.

the DNA treatment of convicts who capture DNA profiles of individuals who were sentenced to prison or to a more tighter sentence.

In accordance with the provisions of other international treaties relating to legal assistance in force, information transmitted by the Grand Duchy of Luxembourg may not be used as evidence by the receiving Contracting Party until such information has been received by the Grand Duchy of Luxembourg. competent Luxembourg judicial authorities to do so.

In accordance with Article 42 of the Treaty, the Grand Duchy of Luxembourg shall designate the following competent authorities and the following national contact points:

1.

for the automated retrieval and matching of DNA profiles in accordance with Art. 3 and 4: the criminal service of the Grand Ducal police;

2.

for the automated retrieval of dactyloscopic data in accordance with Art. 9: the crime service of the Grand Ducal police;

3.

for the automated retrieval of data from the vehicle registers in accordance with Art. 12: the national intervention centre of the Grand Ducal police;

4.

for the exchange of information relating to major cross-border events: the national intervention centre of the Grand Ducal police;

5.

for the exchange of information on the prevention of terrorist offences in accordance with Article 16 (3): the criminal service of the Grand Ducal police;

6.

for the cabin crew on board the aircraft in accordance with Articles 17 to 19: the control service at the airport of the Grand Ducal police;

7.

for the document advisers pursuant to Art. 22: the airport control service of the Grand Ducal police;

8.

for the repatriation measures in accordance with Article 23: the tourist police of the criminal service of the Grand Ducal police;

9.

for the authorities and civil servants pursuant to Articles 24 to 27: the competent authorities and services, the police operations carried out in accordance with the police law, as amended on 31 May 1999, for the creation of a Grand-Duchy Police Corps and a General Inspectorate of the Police .

Slovenia:

Declaration on Art. 2:

The Republic of Slovenia allows the national contact services of the Contracting Parties to automatically retrieve the reference data of their national DNA analysis files for the purpose of automated interrogation and mapping of DNA profiles. This power shall apply solely to the prosecution of criminal offences which are subject to the conditions for the adoption of the European arrest warrant in accordance with Article 2 (1) and (2) of the Framework Decision on the European Arrest Warrant and the surrender procedure between the Member States (Official Journal L 190, 18.07.2002 P.0001-0020).

In accordance with Article 42, the Republic of Slovenia shall designate the following authorities responsible for the application of the Treaty:

1.

In accordance with Article 6 (1), the national contact points for DNA analysis:

-Ministry of Internal Affairs

-Police, Directorate-General of Police

-Centre for forensic investigations

Vodovodna cesta 95

SI-1000 Ljubljana

2.

In accordance with Article 11 (1), the national contact points for the dactyloscopic data:

-Ministry of Internal Affairs

-Police, Directorate-General of Police

-Centre for forensic investigations

Vodovodna cesta 95

SI-1000 Ljubljana

3.

In accordance with Article 12 (2), the national contact points for the data from the vehicle registers:

-Ministry of Internal Affairs

-Directorate-General for Internal Administrative Affairs

Beethovnova ulica 3

SI-1501 Ljubljana

4.

according to Art. 15 the national contact points for information exchange at major events:

-Ministry of Internal Affairs

-Police, Directorate-General of Police

-Directorate of the uniformed police

-General Police Sector

Š tefanova ulica 2

SI-1501 Ljubljana

5.

pursuant to Article 16 (3), the national contact points for information on the prevention of terrorist offences:

-Ministry of Internal Affairs

-Police, Directorate-General of Police

-Directorate of the Criminal Invesastic Police

-Organized Department

-Crime and terrorism

Š tefanova ulica 2

SI-1501 Ljubljana

6.

according to Article 19, the national contact and coordination points for the air safety companions:

-Ministry of Internal Affairs

-Police, Directorate-General of Police

-Special Unit

Š tefanova ulica 2

SI-1501 Ljubljana

7.

according to Article 22, the national contact and coordination points for the document advisers:

-Ministry of Internal Affairs

-Police, Directorate-General of Police

-Directorate of the uniformed police

-Border Police Sector

Š tefanova ulica 2

SI-1501 Ljubljana

8.

In accordance with Article 23 (3), the national contact points for the planning and implementation of returns:

-Ministry of Internal Affairs

-Police, Directorate-General of Police

-Directorate of the uniformed police

-Foreigners centre

Veliki otok 44 /Z

SI-6230 Postojna

9.

pursuant to Article 24 of the Regulation, the competent authorities and officials responsible for common uses:

-Ministry of Internal Affairs

-Police, Directorate-General of Police

-Directorate of the uniformed police

-General Police Sector

Š tefanova ulica 2

SI-1501 Ljubljana

10.

in accordance with Article 25, the competent authorities and officials responsible for measures in the event of present danger:

-Ministry of Internal Affairs

-Police, Directorate-General of Police

-Use and communication centre

Š tefanova ulica 2

SI-1501 Ljubljana

11.

pursuant to Article 26, the competent authorities and officials responsible for assistance in the event of major events, disasters and serious accidents:

-Ministry of Internal Affairs

-Police, Directorate-General of Police

-Directorate of the uniformed police

-Sector security planning and peace operations

Š tefanova ulica 2

SI-1501 Ljubljana

12.

in accordance with Article 27, the competent authorities and officials responsible for cooperation on request:

-Ministry of Internal Affairs

-Police, Directorate-General of Police

-Directorate of the Criminal Invesastic Police

-International police cooperation sector

Š tefanova ulica 2

SI-1501 Ljubljana

Gusenbauer