Posted the: 2014-07-17 Numac: 2012015137 FEDERAL Foreign Affairs, external trade and development COOPERATION PUBLIC SERVICE July 13, 2012. -Law concerning consent to the Convention between the Government of the Kingdom of Belgium and the Government of Malta relating to police cooperation, signed at Brussels on 1 December 2005 (1) (2) ALBERT II, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 77 of the Constitution.
S. 2. the Convention between the Government of the Kingdom of Belgium and the Government of Malta relating to police cooperation, signed at Brussels on 1 December 2005, will release its full and complete effect.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given in Brussels on July 13, 2012.
ALBERT by the King: the Deputy Prime Minister and Minister of Foreign Affairs, D. REYNDERS the Deputy Prime Minister and Minister of the Interior, Ms. J. MILQUET. the Minister of Justice, Ms. A. TURTELBOOM sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Notes (1) Session 2011-2012.
Records Bill tabled on 04/13/2012, no. 5-1575/1.
Report on behalf of the Committee No. 5-1575/2.
Parliamentary Annals Discussion, meeting of May 31, 2012.
Vote, meeting of May 31, 2012.
Room Documents draft transmitted by the Senate, no. 53-2230/1.
Report on behalf of the Committee No. 53-2230/2.
Text adopted in plenary meeting and submitted to the sanction royale No. 53 - 2230/3.
Parliamentary Annals Discussion, meeting of June 14, 2012.
Vote, meeting of June 14, 2012.
(2) this convention entered into force on 22 September 2012.
Agreement between the Government of the Kingdom of Belgium and the Government of Malta relating to police cooperation the Government of the Kingdom of Belgium and the Government of Malta hereinafter referred to as the Contracting Parties, keen to promote relations of friendship and cooperation between the two States, and in particular to strengthen police cooperation between them;
Desiring to strengthen this police cooperation within the framework of the international commitments undertaken by the two States in respect of rights and fundamental freedoms, including the Convention European rights of man and fundamental freedoms of 4 November 1950 so that the Convention of the Council of Europe no. 108 of 28 January 1981 for the protection of individuals with regard to the treatment automated of personal data;
CONSIDERING that international organised crime represents a serious threat to the socio-economic development of the Contracting States and that recent developments in international organized crime endanger their institutional functioning;
WHEREAS the fight against trafficking in human beings human and the Suppression of the inputs and outputs illegal territory States and illegal migration, as well as the elimination of the organized sectors, are part of the concerns of Governments and parliaments of the Contracting States;
WHEREAS the production and illegal trade in narcotic drugs and psychotropic substances constitute a danger to the health and safety of our citizens;
CONSIDERING that the only harmonization of the relevant legislation is not sufficient to combat the phenomenon of illegal immigration with sufficient effectiveness.
WHEREAS the need for effective international police cooperation in the field of organised crime and illegal migration, particularly by the Exchange and processing of information, is essential to combat and prevent these criminal activities;
WHEREAS the fulfilment of this need requires a series of appropriate measures and close cooperation between the Contracting Parties;
HAVE resolved to conclude this Convention: DEFINITIONS Article 1 for the purposes of this Convention, means: international trafficking in human beings humans: following intentional behaviour: has) facilitate the entry on the territory of the Contracting Party, transit, stay or exit the territory if it is used, for this purpose, coercion, violence or threats , or if there is recourse to the deceit, abuse of authority or other forms of pressure in a manner such that the person has real choice but to submit to these pressures.
(b) (b) exploiter operate in any way a person knowing that this person is entered, passes or resides in the territory of the State party to this Convention (under the conditions stated in item a).
Sexual exploitation of children: the offences covered by article 34 of the United Nations Convention on the rights of the child of 20 November 1989, including the production, sale, distribution or other forms of trafficking in pornographic material involving children and possession for personal use of this type of material.
Technical assistance: technical assistance means assistance in logistical support to the police and immigration services.
Nuclear and radioactive material-related crime: such offences listed in article 7, § 1, of the Convention on the physical protection of nuclear material, signed at Vienna and in New York on 3 March 1980.
Money laundering: such offences listed in article 6 § 1 to 3, of the Convention of the Council of Europe on laundering, detection, seizure and confiscation of the proceeds from crime, signed at Strasbourg on 8 November 1990.
Organised crime: any offence committed by a "criminal organization", defined as a structured, of more than two persons, established over time and acting in concert to commit offences punishable by a deprivation of liberty or a security measure deprivation of liberty for a minimum of four years or a more serious penalty, these offences constitute an end in itself or a way to get the economic benefits , and, if applicable, unduly influence the operation of public authorities.
Personal data: any information relating to an identified individual or identifiable (person concerned); shall be deemed identifiable persons who can be identified, directly or indirectly, by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity.
Processing of personal data: any operation or set of operations performed or not by automated means, such as collection, recording, organization, conservation, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or any other form of provision, the approximation or interconnection, as well as the lock, erasure or destruction.
Narcotic: Means any substance, whether natural or synthetic, in schedules I and II of the single Convention on Narcotic Drugs signed in New York on 30 March 1961.
Psychotropic substance: means any substance, whether natural or synthetic, or any natural product of Schedule I, II, III or IV of the Convention on psychotropic substances of 21 February 1971.
Illicit traffic in narcotic drugs and psychotropic substances: culture, manufacture or trafficking of narcotic drugs and psychotropic substances contrary to the goals of the Convention of March 30, 1961 on narcotic drugs, the Convention on 21 February 1971 on psychotropic substances or the Convention of the United Nations of 19 December 1988 on the illicit traffic of narcotic drugs and psychotropic substances.
Urgent request: A request is considered urgent in cases where passage through the formal administrative procedure with the central bodies may hinder or compromise the action of prevention or research.
AREAS of COOPERATION section 2 1. The Contracting Parties undertake to accord each other, according to the rules and under the conditions laid down by this Convention, the widest cooperation in relation to police cooperation.
2. the Contracting Parties shall cooperate in the prevention, repression and prosecution of offences of organised crime, and in particular:-offences against the life, physical integrity and health of persons;
-the offences related to the production and illicit trafficking of narcotic drugs, psychotropic substances and precursors;
-procuring, trafficking in human beings humans and sexual exploitation of children;
-flight, trafficking and the illegal trade of arms, ammunition, explosives, radioactive substances, nuclear materials and other hazardous substances;
-(manufacturing, counterfeiting, transformation and distribution) falsification of means of payments, cheques and securities;
-crime in the field of commercial and financial exchanges;
-crimes against property, inter alia theft, trafficking in works of art and historical objects;
-theft, illegal trade and trafficking in motor vehicles and falsification and the use of documents forged by vehicles;
3. serious organised crime offences that are not defined in article 1
are appreciated by the competent national authorities according to national legislation of the States to which they belong.
Article 3 the collaboration between the Parties will also focus on:-searching missing persons and aid in the identification of dead bodies unidentified.
-research on the territory of a party of objects stolen, lost, misappropriated or lost on the territory of the other.
Article 4 the Parties shall cooperate in the areas specified in articles 2 and 3 by:-exchanges of information on the areas within the jurisdiction of the police and immigration services;
-the exchange of material;
-technical and scientific assistance, expertise and supplies of technical equipment;
-Exchange of experiences;
-cooperation in the field of vocational training;
-assistance in the preparation of the execution of requests for mutual legal assistance in criminal matters;
According to the following provisions.
Exchange of information Article 5 the Contracting Parties themselves will lend assistance and will ensure a close and permanent cooperation. They will proceed to an exchange of all relevant and important information. This cooperation may take the form of a permanent contact through liaison officers to designate.
Article 6 1. The Contracting Parties undertake to ensure that their police services agree, in accordance with national law and within the limits of their skills, assistance for the purposes of prevention and research of punishable offences, provided that the national law of the requested Contracting Party does not reserve the request or its execution to the judicial authorities.
2. in specific cases, each Contracting Party may, in compliance with its national law and without being asked, communicate to the Contracting Party concerned information that can be important for it for the purposes of assistance for the prevention and suppression of offences or for the prevention of threats to public order and security.
Article 7 any information provided by the requested Contracting Party may be used by the requesting contracting party for the purposes of proof of the incriminating acts only after a request for mutual legal assistance, in accordance with the provisions of the applicable international law.
Article 8 1. Requests for assistance and responses to these interrogatories must be exchanged between the central bodies responsible in each Contracting Party for international police cooperation and immigration.
Where the request cannot be made in a timely manner by the aforementioned track, it may, exceptionally and in case of emergency only, be addressed by the competent authorities of the requesting contracting party directly to the competent authorities of the requested Party and they can respond directly. In these exceptional cases, the applicant authority shall notify as soon as the central body in the requested Contracting Party, of the international cooperation of its direct request and motivate the urgency.
2. the designation of the central bodies responsible for international cooperation and the modalities of mutual assistance are governed by arrangements between the competent Ministers of the Contracting Parties.
Article 9 the applicant authority must ensure the degree of confidentiality that the competent authority of the other party assigned to information. The degrees of security are those used by INTERPOL.
Article 10 1. The Contracting Parties may detach, for a specified or unspecified period, of liaison officers from one Contracting Party to another Contracting Party.
2. the secondment of liaison for a specified or indeterminate period officers has for purpose to promote and accelerate cooperation between the Contracting Parties, including by agreeing to assistance: a. in the form of exchange of information for the purposes of that repressive and preventive measures against crime.
b. in the execution of requests for mutual assistance in criminal matters;
c. for the purposes of the exercise of the tasks of the authorities responsible for the surveillance of external borders and immigration;
d. for the purposes of the exercise of the tasks of the authorities responsible for the prevention of threats to public order.
3. the liaison officers have an advice and assistance mission. They are not competent for the autonomous execution of police measures. They provide information and perform their missions in the context of the instructions given to them by the Contracting Party of origin and the contracting party to which they are seconded. They regularly report to the central body responsible for police cooperation of the contracting party to which they are seconded.
4. the competent Ministers of the Contracting Parties may agree that a Contracting Party liaison officers seconded to third States shall also represent the interests of the other Contracting Party.
DATA PROTECTION has personal Article 11 1. The treatment of the personal data, in accordance with the Convention, is subject to the respective national law of each Contracting Party.
2. with regard to the processing of personal data in application of this Convention, the Contracting Parties undertake to achieve a level of protection of the personal data which respects the principles of the Convention of the Council of Europe of 28 January 1981 for the protection of the personal data and Recommendation R (87) 15 of 17 September 1987 of the Committee of Ministers of the Council of Europe regulating the use of personal data in the police sector.
3. as regards the treatment of personal data transmitted in application of this Convention, the following provisions shall apply: a. data cannot be used by the recipient Contracting Party only for the purpose for which the Convention provides for the transmission of such data;
b. the data may be used only by the judicial authorities, services and instances that ensure a task or function in the context of the purposes referred to in this Convention and in particular articles 2 and 3. The parties will communicate the list of users;
c. the Contracting Party which transmits data is required to ensure the accuracy and completeness of these; It is also required to ensure that these data are not kept longer than necessary. If it finds, either on its own initiative or following a request from the person concerned, that incorrect data or ought not be transmitted have been provided, the recipient Contracting Party shall be informed without delay;
the latter is required to carry out the correction or destruction of data;
d. a Contracting Party cannot rely on the fact that another Contracting Party has transmitted incorrect data to discharge the responsibility which falls upon him in accordance with its national law, with respect to an aggrieved person;
e. the transmission and receipt of personal data must be recorded. The Contracting Parties shall communicate to the list of the authorities and services allowed to consult the registration;
f. access to the data is governed by the national law of the contracting party to which the person concerned presents its application. The communication of data on the applicant is possible only after prior consent of the Contracting Party which is originally data;
g. data can be used by the recipient Contracting Party for solely for the purposes indicated by the Contracting Party providing and in compliance with the conditions imposed by that Contracting Party.
4. as regards the transmission, the following provisions shall apply: a. the data can be communicated to the authorities only police and immigration; the communication of the data to other services may take place only after prior authorization of the Contracting Party providing;
b. upon request, the recipient Contracting Party shall inform the Contracting Party which transmits the data of the use which has been made and the results obtained on the basis of the data transmitted.
5. each Contracting Party shall designate a supervisory authority responsible, in accordance with national law, to exercise its territory independent control of the processing of data personal carried out on the basis of this Convention and to verify if such treatments does not violate the rights of the person concerned. These supervisory authorities are also competent to analyse the difficulties of application or interpretation of this Convention involving the processing of data personal. These supervisory authorities may agree to cooperate in missions which they are recognized by the Convention.
Article 12 if personal data are transmitted via a liaison officer referred to in article 10, the provisions of this Convention shall also apply.
EXCEPTION Article 13 each of the Contracting Parties refuses assistance when it comes to political or military offences or when such assistance proves to be contrary to the legal provisions in force in its territory.
Each of the Contracting Parties may refuse assistance or subject it to conditions when it comes to crimes related to political or military offences or the realization of assistance could threaten the sovereignty, security, public order or other essential interests of the State.
The party that denies assistance must inform the other party within thirty days, explaining the reasons for this refusal.
OTHER forms of co-operation Article 14 1. The Contracting Parties agree to provide mutual assistance in the field of vocational training and technical assistance for problems relating to the functioning of the police.
2. the Contracting Parties agree to exchange their practical experiences in all the above areas by this Convention.
3. the modalities of mutual assistance are governed by arrangements between the competent Ministers of the Contracting Parties.
IMPLEMENTATION of the CONVENTION Article 15 1. The competent Ministers of the Contracting Parties can create permanent or occasional work groups to examine common problems relating to the Suppression and prevention of the areas of crime referred to in article 2 and the areas of cooperation referred to in article 3 and to create, where appropriate, proposals for the purpose of improving, if need be, the practical and technical aspects of the cooperation between the Contracting Parties.
2. costs related to the implementation of the cooperation will be respectively in charge of each party, unless otherwise between the representatives of the Parties duly authorized.
3. the competent Ministers of the Contracting Parties create an assessment group that will report to Ministers every three years.
SETTLEMENT of disputes Article 16 any dispute resulting from the interpretation or application of this Convention shall be resolved by a Joint Advisory Committee.
There is created a joint consultative commission, composed of representatives of the ministries of Foreign Affairs, the Interior and Justice, which will meet periodically at the request of one or the other State, in order to facilitate the settlement of the problems that will arise from the interpretation or application of this Convention.
Article 17 final provisions the provisions of this Convention shall apply only insofar as they are compatible with national law.
The supervision of the execution of the present Convention shall be made in accordance with the national law of each of the Contracting Parties.
Article 18 the Contracting Parties shall notify each other, in writing and through diplomatic channels, the completion of constitutional formalities required for the entry into force of this Convention.
The Convention shall enter into force sixty days after the date of receipt of the last notification.
This Convention is concluded for an unlimited period. Any party may denounce it by written notification addressed through diplomatic channels to the other party. The denunciation shall take effect six months after the date of its mailing.
Article 19 any party may be sent to the other party all proposals to amend this Convention. The Parties shall by common accord the amendments to this Convention.
IN witness whereof, the undersigned, duly authorized thereto, have affixed their signatures at the bottom of this Convention.
DONE at Brussels, 1 December 2005, in two copies, in the languages English, French and Dutch, the three texts being equally authentic.