Law Approving The Treaty Between The Kingdom Of Belgium And The Kingdom Of The Netherlands On The Cross-Border Exchange Of Data For The Identification Of Persons Suspected Of Having Committed Offences In The Context Of The Use Of The Road, Isp

Original Language Title: Loi portant assentiment au Traité entre le Royaume de Belgique et le Royaume des Pays-Bas sur l'échange transfrontalier de données en vue de l'identification de personnes soupçonnées d'avoir commis des infractions dans le cadre de l'usage de la route, fai

Read the untranslated law here: http://www.ejustice.just.fgov.be/cgi/article_body.pl?numac=2016015046&caller=list&article_lang=F&row_id=1&numero=9&pub_date=2016-05-20&dt=LOI&language=fr&fr=f&choix1=ET&choix2=ET&fromtab=+moftxt&trier=publication&sql=dt+=+'LOI'&tri=pd+AS+RANK+

Posted the: 2016-05-20 Numac: 2016015046 FEDERAL Foreign Affairs, external trade and development COOPERATION PUBLIC SERVICE 10 April 2016. -Law concerning consent to the Treaty between the Kingdom of Belgium and the Kingdom of the Netherlands on the cross-border exchange of data for the identification of persons suspected of having committed offences in the context of the use of the road, done at Brussels on 25 April 2013 (1) (2) PHILIPPE, King of the Belgians, to all, present and future, hi.
The House of representatives has adopted and we sanction the following: Article 1. This Act regulates a matter referred to in article 74 of the Constitution.
S. 2. the Treaty between the Kingdom of Belgium and the Kingdom of the Netherlands on the cross-border exchange of data for the identification of persons suspected of having committed offences in the context of the use of the road, done at Brussels on 25 April 2013, will release its full and complete effect.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels, 10 April 2016.
PHILIPPE by the King: the Minister of Foreign Affairs, D. REYNDERS, Minister of the Interior, J. ham, the Minister of Justice, K. GEENS Minister of mobility, Ms. J. GALANT sealed with the seal of the State: the Minister of Justice, K. GARG _ Note (1) House of representatives (www.lachambre.be): Documents: complete record 54-1601: 2016-02-18 (2) Date of entry into force : 06/01/2016 (art. 8) Treaty between the Kingdom of Belgium and the Kingdom of the Netherlands on the cross-border exchange of data for the identification of persons suspected of having committed offences in the context of the use of the road. the Kingdom of Belgium and the Kingdom of Netherlands - hereinafter referred to as the Contracting Parties;
Having regard to Directive 82/2011/EU European Parliament and of the Council of October 25, 2011, facilitating the cross-border exchange information concerning offences requiring the Member States to enable the national contact points of other Member States to access certain data from the registers of national vehicles road safety, and this with the right to perform queries automated for the purposes of investigations concerning offences against road safety that are referred to it;
Having regard to article 350 of the Treaty on the functioning of the European Union;
Whereas the nationals of a Contracting Party may be involved in crimes in the context of the use of the road in the Directive so that it is not yet implemented or in other crimes than those contained in the Directive and that are committed in the territory of another Contracting Party;
Whereas, in addition to the obligations of the Directive EU-82-2011, it is very important that the Contracting Parties may exchange in an automated fashion data for repression of offences committed in the context of the use of the road, to enforce the regulations on use of the road and improve road safety;
Whereas the Treaty may be applied, in anticipation of the transposition of the Directive EU-82-2011, agreed to the following provisions: Article 1 purpose and scope of application 1. This Treaty aims at facilitating the cross-border exchange of the data mentioned in article 3, paragraph 1, by means of a consultation automated registration data when an offence in the context of the use of the road is committed with a vehicle registered in another Contracting Party.
2. this Treaty shall apply to data concerning offences committed in the context of the use of the road that do not fall within the Directive and data concerning offences committed in the context of the use of the road that are covered by the Directive, as long as it is not implemented by the Contracting Parties.
Article 2 Definitions for the purposes of this Treaty, means: a. "the use of the road": driving to be stopped or parked with a vehicle on the road;
b. "offence committed in the context of the use of the road": a punishable or conduct contrary to the legal requirements for road use, regardless of the qualifying result or behavior in national law;
c. 'Directive': 2011/82/EU Directive of the European Parliament and the Council of October 25, 2011, facilitating the cross-border exchange of information regarding road safety offences;
d. 'vehicle': any vehicle powered normally used for the road transport of people or goods, or trailer;
e. 'national contact point': the competent authority for the exchange of data relating to the registration of vehicles defined in article 4 and described in the annex to this Treaty;
f. "automated query": a procedure of access online to view the data from the registers of the Contracting Parties;
g. 'vehicle keeper': the person whose name the vehicle is registered, within the meaning of the law of the Contracting Party of registration.
Article 3 Exchange of data from the records of registration 1. For the purposes of the investigation of an offence committed in the context of the use of the road, a Contracting Party provides point of contact national of another contracting party access to national data the following registers, with the right to conduct automated queries: a. data on vehicles, as well as;
b. data regarding the holder of the vehicle.
2. this Treaty shall be subject exclusively to the procedures of article 4, paragraphs 2 to 5 and article 5 of the Directive.
3. the framework Decision 2008/977 / JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters shall apply to the processing of personal data relating to punishable offences and Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and at the free movement of such data applies to the processing of personal data regarding other violations of legal requirements on the use of the road.
The provisions of article 26, paragraph 2, and of the de l' article article 30, paragraphs 2, 3 and 4 of Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime, shall apply to the personal data processed under this Treaty.
4. the Contracting Party of the offence under this Treaty, uses data to determine who is personally liable for the offences referred to in the context of the use of the road.
Article 4 national contact Points 1.
The Contracting Parties shall each designate a single point of relevant national contact point for the exchange of data from the registers.
2. the coordinates of the national contact points are listed in the annex. The appointment of another national contact noted that point in annex takes place in a timely manner and with reference to the date of effect of the designation, in a statement by the competent Minister to any Contracting Party, and to the Secretary-General of the Benelux Union.
3. the procedures laid down in this Treaty are, where necessary, detailed in agreements between national contact points. This includes the determination of codes for offences committed in the context of the use of the road which is not covered by the Directive.
Article 5 impact on other treaties this Treaty does not prejudice the rights or obligations set out in the existing treaties between the Contracting Parties, provided that they are not contrary to the rights and obligations of this Treaty.
Article 6 disputes disputes concerning the interpretation and application of this Treaty are set through diplomatic channels.
Article 7 transitional provision this Treaty applies only to offences committed in the context of the use of the road that are committed after the entry into force of this Treaty.
Section 8 final provisions 1. The present Treaty shall be ratified and the instruments of ratification shall be deposited with the Secretary general of the Benelux Union which will inform the Contracting Parties of the receipt of these instruments.
2. this Treaty shall enter into force the first day of the second month following the deposit of the second instrument of ratification. The Secretary general of the Benelux Union shall communicate to the Contracting Parties the date of entry into force.
3. third countries are free to accede to this Treaty by the deposit of an instrument of accession with the Secretary general of the Benelux Union. For the new Member States, the Treaty enters into force the first day of the second month following the deposit of the instrument of accession.
4. each Contracting Party may withdraw at any time via diplomatic channels this Treaty by filing a written declaration with the Secretary-General of the Benelux Union. The denunciation shall take effect six months after the filing of the written statement.
Article 9 scope territorial the territorial field of application of this Treaty shall:-as regards the Kingdom of Belgium, the Belgium territory;

-as regards the Kingdom of the Netherlands, its territory in Europe.
In witness whereof the undersigned, duly authorised thereto, have signed this Treaty.
Done in duplicate, in Brussels, on April 25, 2013, Dutch and French languages, both texts being equally authentic.

Annex National Points of contact of the Contracting Parties: for the Belgium: FPS mobility and transport branch registrations and approvals of vehicles (DIV) Rue du Progrès 56 1210 Brussels Belgium to the Netherlands: Dienst Wegverkeer (RDW) Skager Rak 10 9642 CZ Veendam Netherlands addresses can be changed through communication on the part of the national contact point concerned the other national contact points and the Secretary general of the Benelux Union.

NOTE VERBALE - Netherlands Nr.BRU - 2016/735 the Embassy of Kingdom of Netherlands presents its compliments to the federal public Service Foreign Affairs, foreign trade and Cooperation in the development of the Kingdom of Belgium and has the honour to refer to the Treaty signed April 25, 2013 in Brussels between the Kingdom of the Netherlands and the Kingdom of Belgium on the cross-border exchange of data for the identification of persons suspected of having committed offences in the context of the use of the road (hereinafter referred to as «») the Treaty').
The Embassy proposes to agree on the following joint statement on the Treaty: 1. in the preamble (on three occasions) and in article 2, part c, of the Treaty, reference is made to the 2011/82/EU Directive of the European Parliament and of the Council of October 25, 2011 facilitating the cross-border exchange of information regarding road safety offences. This Directive has been replaced in the meantime by a new directive.
The Kingdom of the Netherlands to the European part of the Netherlands, and the Kingdom of Belgium reported that in regards to the 2011/82/EU Directive, should read: Directive (EU) 2015/413 of the European Parliament and of the Council of March 11, 2015 facilitating the cross-border exchange of information regarding road safety offences.
2 A article 3, paragraph 3, second subparagraph, of the Treaty, reference is made to Decision 2008/615/JHA of the Council of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime, to which both countries are linked within the Union European.
In the same provision of the Treaty, it is stated that the provisions of article 26, paragraph 2, and article 30, paragraphs 2, 3 and 4 of Decision 2008/615/JHA shall apply to personal data processed under this Treaty.
The Kingdom of the Netherlands to the European part of the Netherlands and the Kingdom of Belgium stated that, in addition to the aforementioned paragraphs of articles 26 and 30, other articles and paragraphs of Chapter 6 (General data protection provisions) of Decision 2008/615/JHA shall apply by analogy to the data processed under the Treaty.
If the foregoing is acceptable to the Government of the Kingdom of Belgium, the Embassy has the honour to propose that the joint declaration contained in points 1 and 2 of the Treaty shall be deemed to have been made on the date of the notice of confirmation of the federal public Service.
The Embassy of the Kingdom of the Netherlands takes this opportunity to renew the public service federal Foreign Affairs, foreign trade and Cooperation in the development of Kingdom of Belgium the assurance of its highest consideration.
Brussels, February 22, 2016 notes VERBALE (response) - Belgium J4/ADR/JUR/05.05/2016/4076 public Service federal Foreign Affairs, foreign trade and Development Cooperation of the Kingdom of Belgium presents its compliments to the Embassy of the Kingdom of the Netherlands and has the honour to confirm the receipt of the note No. BRU-2016/735 dated February 22, 2016, the Embassy which reads as follows : "The Kingdom of the Netherlands Embassy presents its compliments to the federal public Service Foreign Affairs, foreign trade and Cooperation in the development of the Kingdom of Belgium and has the honour to refer to the Treaty signed April 25, 2013 in Brussels between the Kingdom of the Netherlands and the Kingdom of Belgium on the cross-border exchange of data for the identification of persons suspected of having committed offences in the context of the use of road (hereinafter referred to as" the Treaty ").»
The Embassy proposes to agree on the following joint statement on the Treaty: 3. in the preamble (on three occasions) and in article 2, part c, of the Treaty, reference is made to the 2011/82/EU Directive of the European Parliament and of the Council of October 25, 2011 facilitating the cross-border exchange of information regarding road safety offences.
This Directive has been replaced in the meantime by a new directive.
The Kingdom of the Netherlands to the European part of the Netherlands, and the Kingdom of Belgium reported that in regards to the 2011/82/EU Directive, should read: Directive (EU) 2015/413 of the European Parliament and of the Council of March 11, 2015 facilitating the cross-border exchange of information regarding road safety offences.
4 A article 3, paragraph 3, second subparagraph, of the Treaty, reference is made to Decision 2008/615/JHA of the Council of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime, to which both countries are linked within the Union European.
In the same provision of the Treaty, it is stated that the provisions of article 26, paragraph 2, and article 30, paragraphs 2, 3 and 4 of Decision 2008/615/JHA shall apply to personal data processed under this Treaty.
The Kingdom of the Netherlands to the European part of the Netherlands and the Kingdom of Belgium stated that, in addition to the aforementioned paragraphs of articles 26 and 30, other articles and paragraphs of Chapter 6 (General data protection provisions) of Decision 2008/615/JHA shall apply by analogy to the data processed under the Treaty.
If the foregoing is acceptable to the Government of the Kingdom of Belgium, the Embassy has the honour to propose that the joint declaration contained in points 1 and 2 of the Treaty shall be deemed to have been made on the date of the notice of confirmation of the federal public Service.
The Embassy of the Kingdom of the Netherlands takes this opportunity to renew the public service federal Foreign Affairs, foreign trade and Cooperation in the development of Kingdom of Belgium the assurance of its highest consideration. "The federal public Service Foreign Affairs, foreign trade and Development Cooperation has the honour to communicate to the Embassy of the Kingdom of the Netherlands that the foregoing is acceptable to the Government of the Kingdom of Belgium and the joint declaration contained in points 1 and 2 of the Treaty shall be deemed to have been made on the date of the notice of confirmation of the federal public Service.
The federal public Service Foreign Affairs, foreign trade and Cooperation in the development of the Kingdom of Belgium takes this opportunity to renew to the Embassy of the Kingdom of the Netherlands the assurance of its highest consideration.
Done at Brussels, 23 February 2016 DECLARATION - Belgium J4/ADR/JUR/05.05/2016 Service public federal (SPF) Foreign Affairs, external trade and Cooperation in the development of the Kingdom of Belgium presents its compliments to the Embassy of the Kingdom of the Netherlands and has the honour to refer to the Treaty signed April 25, 2013 in Brussels between the Kingdom of the Netherlands and the Kingdom of Belgium on the cross-border exchange of data for the identification of persons suspected of having committed a offences in the context of the use of the road (hereinafter referred to as 'the Treaty').
SPF wishes to move again the following statement concerning the Treaty: "With regard to the annex to the Treaty, should read 'Direction registrations of vehicles (DIV)' instead of 'Branch registrations and approvals of vehicles (DIV)'."
The SPF would be grateful if the Embassy to furnish an acknowledgment for this note.
Service public federal (SPF) Foreign Affairs, external trade and Cooperation in the development of the Kingdom of Belgium takes this opportunity to renew to the Embassy of the Kingdom of the Netherlands the assurance of its highest consideration.
Done at Brussels, 29 February 2016 statement (response) - Netherlands () Nr.BRU-2016/740 the Embassy of the federal Kingdom of the Netherlands present its compliments to public Service Foreign Affairs, foreign trade and Cooperation in the development of the Kingdom of Belgium and has the honour to acknowledge receipt of the note verbale on 29 February 2016 J4/ADR/JUR/05.05/2016 relating to the Treaty between the Kingdom of Belgium and the Kingdom of the Netherlands on the cross-border exchange of data for the identification of persons suspected of having Clerk of the offences in the context of the use of the road.
The Embassy of the Kingdom of the Netherlands takes this opportunity to renew the public service federal Foreign Affairs, foreign trade and Cooperation in the development of Kingdom of Belgium the assurance of its highest consideration. "Brussels, March 8, 2016