Posted the: 2014-07-14 Numac: 2014015126 FEDERAL PUBLIC SERVICE Foreign Affairs, trade outside and COOPERATION to development 26 February 2014. -Law concerning consent to the agreement between the Government of Kingdom of Belgium, the Government of the Federal Republic of Germany and the Government of the French Republic and the Government of the Grand Duchy of Luxembourg, concerning the establishment and operation of a joint police and customs in the common border area cooperation centre, done at Luxembourg on October 24, 2008 (1) (2) (3) PHILIPPE , King of the Belgians, to all, present and to come, 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 agreement between the Government of Kingdom of Belgium, the Government of the Federal Republic of Germany and the Government of the French Republic and the Government of the Grand Duchy of Luxembourg, concerning the establishment and operation of a joint centre of police and customs cooperation in the common border area, done at Luxembourg on October 24, 2008, 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, February 26, 2014.
PHILIPPE 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 _ Note (1) Senate (www.senate.be) Documents. -5-2250 annals of the Senate. -November 7, 2013.
House of representatives (www.lachambre.be): Documents. -Full report 53-3119.
-19 December 2013.
(2) effective date: (3) list States bound agreement between the Government of the Kingdom of Belgium, the Government of the Federal Republic of Germany, the Government of the French Republic and the Government of the Grand Duchy of Luxembourg concerning the establishment and operation of a joint police and customs in the common border area cooperation centre.
The Government of the Kingdom of Belgium, the Government of the Federal Republic of Germany, the Government of the French Republic and the Government of the Grand Duchy of Luxembourg, hereinafter referred to as the Contracting Parties, whereas the objectives set by the Treaty on the Union European (amended by the Treaty of Nice of 26 February 2001), in particular articles 29 and 30;
Whereas the Convention implementing the Schengen Agreement, signed on 19 June 1990 and its texts to commence implementation, referred to as hereinafter CAAS, as well as the Schengen acquis which relies on them and which has been integrated into the Union European;
Whereas the Convention, drawn up on the basis of article k.3 of the Treaty on European Union, on mutual assistance and cooperation between customs administrations, signed at Brussels on 18 December 1997, hereinafter referred to as the «Naples II Convention»;
Whereas agreements bi - and multilateral cross-border cooperation signed between the Contracting Parties;
Cartoons of the intention to strengthen the cooperation in recent years in their border areas, between the services responsible for police and customs missions;
Eager to improve their cooperation to ensure a greater security in their border areas.
Aware of the need to deal with cross-border crime and illegal immigration, guarantee security and public order by the prevention of threats and unrest-border and determined to conduct an effective fight against crime in the areas such as trafficking in human beings human, drugs, the channels of illegal immigration and the damage to property;
Have agreed upon the following provisions: title 1 General provisions Article 1 establishment of a Center joint police cooperation and customs 1. The contracting parties lead in their respective sovereignty and the attributions of the administrative and judicial authorities territorially competent, cross-border cooperation between the services responsible for police missions and customs by the establishment of a joint centre of police and customs cooperation in the common border - hereinafter referred to as "Joint Center" - to facilitate the coordination part missions and of the border as well as the exchange of information.
2. the cooperation between the Contracting Parties is exercised in the framework and within the limits of their national powers, in accordance with the conventions in force, Community law and national legislation.
3 cross-border cooperation in police and customs practices particularly in respect to the provisions of the CISA and the Naples II Convention relating to police and customs cooperation and the devolved powers national central bodies.
4. the provisions of this agreement are applicable only insofar as they are compatible with European Union law. If the European Union in the future regulations affecting the scope of this agreement, the right of the European Union will prevail over the relevant provisions of this agreement regarding their application. The Contracting Parties may modify or replace the provisions of this agreement on the basis of the new provisions on the subject in the right of the European Union.
5. the present agreement does not prejudice the provisions of agreement bi - or multilateral current or future concerning cooperation in criminal matters, particularly relating to international judicial cooperation in matters criminal, concluded between the Contracting Parties.
The joint centre established by this agreement is without prejudice to those established by the agreements signed between the Government of the French Republic and the Government of the Federal Republic of Germany, on October 9, 1997, and between the Government of the French Republic and the Government of the Kingdom of Belgium, on March 5, 2001, as well as the relevant provisions of the agreement signed between the Government of the French Republic and the Government of the Grand Duchy of Luxembourg October 15, 2001.
Title II operation of the common centre section 2 area of action and services 1.
The joint centre is implemented in Luxembourg, to accommodate the staff of the competent authorities specified in paragraph 3 of this article.
((2. the common border area includes as regards:-the Kingdom of Belgium: the judicial districts of Dinant, Arlon, Neufchâteau, market and Eupen, - the Federal Republic of Germany: a) in Rhineland-Palatinate, the presidencies of Rheinpfalz police, Westfalz and trier districts, b) in Saarland, the entire territory of the French Republic, the following border departments: the Moselle, Meurthe-et-Moselle , the Ardennes and the Meuse, - the Grand Duchy of Luxembourg: the whole of the territory.
The Contracting Parties may agree to amendments concerning the border zone common to the meaning of the phase 1 in the form of a protocol of amendment to the agreement.
3. participate in the joint centre the following services: from the Belgian coast:-the federal police - the local police -, the administration of customs and Excise, on the German side: - fonts of the Länder of Rhineland-Palatinate and Saarland, - the federal police - customs administration - if necessary, the federal Office of criminal police, on the french side:-national police, - the national gendarmerie -, the administration of the Customs and Excise , on the Luxembourg side: - the Grand Ducal police, - the administration of customs and Excise.
The authorities of the Contracting Parties shall inform each other written allocation of respective national expertise in cross-border cooperation as well as of any changes in the designation of the authorities.
4. the joint centre is not an independent administration. Staff working at the centre act as members of the authority which has detached (authority of sending) as well as on the instructions of it. Officers of the joint centre can perform independently of operational measures.
Article 3 Missions and skills 1. To facilitate the coordination of missions in the border common area as well as the exchange of information, the authorities represented in the joint centre shall cooperate directly in the fields of the threat to security and public order, combating preventive and repressive against cross-border crime, either on a bilateral basis, or on a multilateral basis when this crime affects the interests of more than two Contracting Parties.
2. subject to the competence of the national central bodies, the joint centre is for the exchange of information with a link to the border area, at the disposal of all the units and departments of police and customs to the national territory of each Contracting Party missions. This applies also to cases having no link with the border area where international agreements, Community law, or national provisions allow it. The national central bodies of the Contracting Parties are associated with these exchanges of information in accordance with their respective national provisions.
To this end, services represented at the joint centre agents collect,
analyze and exchange all information necessary for the police and customs cooperation including joint periodic assessment of the border situation.
3. in the border area, the joint centre has, inter alia, the following missions: - assist and facilitate the preparation and coordination of intervention measures point where the powers of several authorities are concerned or that it is necessary to realize a high degree of coordination - support activities for the administrative actions of observation and cross-border prosecution performance, referred to in articles 40 and 41 of the CISA or in articles 20 and 21 of the Naples II Convention conducted in accordance with the provisions of this Convention and its implementation texts, - facilitate the preparation and assistance in relation to the furnishing of foreigners in an irregular situation based on the agreements in force according to the provisions of regulations (EC) Nos. 343/2003 and 1560/2003.
4. the missions and responsibilities of police services, customs and central services, as they are regulated by the law of each of the Parties at the national level, are not affected by the provisions of this section and exercise, therefore in the framework and within the limits of their national powers, on the basis of the conventions into force of Community law and national legislation.
Article 4 establishment of a common file, control the protection of data, rights of the persons concerned 1. It is created within the joint centre a file of personal data whose purpose is the collection and presentation of requests in the context of the tasks referred to in article 3.
2. the inclusion of personal data in the file is performed by only authorised officers of the Contracting Parties in position in the joint centre. Each agent used in the joint centre can supplement the data previously stored in the file by another authority. In the event of contradiction between the data, the authorities concerned shall consult.
The authority that records the data ensures that these are:-only of the data collected and processed in a manner lawful and fair;
-collected for specified, explicit and legitimate purposes and not are not processed in a way incompatible with the purposes of the processing;
-adequate, relevant and not excessive in relation to the purposes for which they are collected and their subsequent treatment;
-accurate, complete, and if necessary, updates.
3. only officials authorized services represented in the joint centre have access to personal data stored in the common file for the purposes of carrying out the tasks laid down in article 3. They can communicate these data to other authorities in this matter insofar as this is necessary for the performance of their tasks.
4. the personal data saved in the common file must be deleted when their integration is incorrect or that their knowledge is no longer necessary to accomplish the mission. The deletion takes place no later than at the end of a period of three years from their registration.
Any modification or erasure of data can be done by the only authority having recorded these data.
If the authority having recorded data wishes to delete them while they have been supplemented by other authorities, it must inform them. The update or deletion of the remaining data will then be up to the next authority having completed the data relating to this person.
If one of the authorities has evidence that assume that data recorded by another authority is vitiated by error, it shall notify as soon as possible the authority having recorded the data and, where appropriate, the services referred to in paragraph 1 to whom data were communicated, for the purposes of verification and, if necessary, correction or erasure of data.
5. any person justifying of its identity has the right to question, in the context of the provisions of national law, a competent authority for the protection of the data to determine if personal data on it are processed and used in the common file and, if necessary, to obtain communication.
6. the control of the protection of data concerning the common file referred to in paragraph 1 is assumed, in close coordination, by the authorities responsible for the protection of data under their respective national laws. Random controls must regularly be practiced at the initiative of the competent authorities or authorized agents referred to in paragraph 2, in accordance with the national law of the respective Contracting Party, or at the request of the independent national authority for the protection of data. Control of the protection of data on the initiative of the competent authorities and regulated agents provided for in paragraph 2 is carried out in accordance with their respective national obligations. If data have also been processed or used by a Contracting Party, control is carried out in close coordination with the competent authority for control of the protection of the data of that Contracting Party.
7. Moreover, article 102, paragraph 4, sentence 1, article 109, paragraph 1, sentence 1 and 3, article 110, article 111 and article 116 of the CAAS, shall apply mutatis mutandis.
8. in the area of protection data shall apply the national provisions on the protection of the data corresponding at least to those resulting from the Convention of the Council of Europe of 28 January 1981 for the protection of individuals with regard to automatic processing of personal data; the additional protocol of 8 November 2001 to that Convention regarding supervisory authorities and transborder data flows and the principles of recommendation No. R (87) 15 of the Committee of Ministers of the Council of Europe of 17 September 1987 aimed at regulating the use of personal data in the police sector.
Article 5 the Government of the Grand Duchy of Luxembourg data security measures, for the joint centre, which are: 1. to prevent any unauthorised access to facilities used for the treatment of personal data (checks at the entrance to installations);
2. to prevent that data carriers cannot be read, copied, modified or exported by a person not authorized (control of data media);
3. to prevent the unauthorised file and any inclusion of knowledge, modification or erasure of data integrated personal control (of integration);
4. to prevent that system of automated processing of data cannot be used by unauthorized persons using data transmission facilities (control of use);
5. to ensure that authorized persons may not access the data within their competence (control of access);
6. to ensure that it can be checked and found to what authorities the personal data may be transmitted by data transmission facilities (control of transmission);
7. to ensure that it can be checked and found a posteriori what personal data were introduced and erased in automated data processing systems and how they were dealt with, when and by whom (control of the introduction and treatment);
8. to ensure that data captured for different purposes can be treated separately (control purpose);
9. to prevent that, during the transmission of personal data as well as the transport of data media, the data cannot be read, copied, modified or erased by unauthorized manner (transport control);
10. to ensure that the personal data are protected against destruction or accidental loss (availability control).
Article 6 content of the Protocol relating to the common file for the file provided for in article 4, a memorandum within the meaning of article 16 of the Contracting Parties shall in particular address the following: - the name of the file, - the object of the file -, the category of persons whose data will be integrated, - the nature of the personal data to integrate, - the nature of the personal data on the basis of which the research can be started in the file - the category of person having access to the file, - transmission or the introduction of the personal to integrate data - requirements for the communication of personal data included in the file, the choice of the procedure to be followed in this regard and the categories of recipients, - control periods and the duration of storage - logging.
Article 7 terms of operation and coordination 1. Each Contracting Party shall designate a coordinator representing the different services of the same State in the joint centre. Each Coordinator is responsible for the operation of the services it represents and takes the necessary decisions for the Organization and the day-to-day management of the joint centre in conjunction with the other coordinators. Functional authority over the national officers who are required to follow his instructions. These last
are also subject to the power hierarchy and discipline of their respective national authorities.
Inside premises for their exclusive use within the common centre, officers are empowered to enforce discipline. They can, if need be, require the assistance of agents of the other Contracting Parties for this purpose.
2. the modalities of operation of the joint centre are set by consensus among the coordinators. Technical details fixed rules of procedure.
3. officers in the joint centre work as a team, cooperate with confidence and assist each other.
4. the seat of the joint centre is marked by a common official registration.
Article 8 1 archiving. The authorities represented in the joint centre records are managed and archived separately and in accordance with the rules of the corresponding authorities of sending through a computer data processing.
2. each Coordinator takes all provisions for records are archived so that they cannot be examined by unauthorized persons.
Article 9 equipment 1. Luxembourg part puts freely at disposal the premises of the joint centre equipped to be put into service. The equipment includes a functional furnishings, computer and telephone facilities in each office.
2. the Luxembourg Party supports the operating and maintenance costs current buildings made available.
3. specific authorities to send equipment and personal equipment for officers are brought by each Contracting Party.
Article 10 expenses 1. The Contracting Parties shall bear the common expenses, including office equipment, copiers, the taxes and the costs of networks for the joint operation of telecommunications and the maintenance costs of the common computer equipment and telecommunications facilities. The breakdown of costs will be settled in a memorandum within the meaning of article 16.
2. current expenditure for equipment owned by a Contracting Party are the responsibility of that party. Each Contracting Party shall assume the repair and replacement of equipment it owns.
3. the Luxembourg party advance current expenditure each year will be shared between all the Contracting Parties following the quota established in accordance with paragraph 1.
4. If one of the Contracting Parties increases considerably the number of its officers in the joint centre, it must to obtain prior notice by the other Contracting Parties in order to achieve an adaptation of the Protocol within the meaning of paragraph 1, sentence 2.
Article 11 Arbitration Clauses 1. Coordinators deal with disputes amicably. If it is not possible to reach a consensus, the matter is submitted to the national authorities to send responsible officers in the joint centre.
2. in case a particular gravity or a border extra character, the services referred to in article 2, paragraph 3 immediately combine their action the national authorities.
Article 12 responsibilities and protection 1.
The Luxembourg part gives officers the other Contracting Parties in the joint centre the same protection and assistance to its own agents.
2. the penal provisions in force in Luxembourg part for the protection of public officials in the performance of their duties are also applicable to offences committed against the other Contracting Parties in the joint centre officers.
3. as regards the liability for damage caused by agents in the exercise of their mission, shall apply the relevant provisions of article 43 of the CISA.
4. the officers of the other Contracting Parties in the joint centre may go to the territory of Luxembourg part and perform their service by wearing their national uniforms or apparent distinctive sign, as well as their individual service weapons and other means of compulsion allowed for the sole purpose of ensuring, where appropriate, legitimate defence.
Title III provisions of implementation and final provisions Article 13 provisions of application or refusal each Contracting Party may refuse, in whole or in part, its cooperation or subject it to certain conditions if it considers that the application or the realization of cooperative action is likely to jeopardize the sovereignty, security and public order, the rules of organization and operation of the judicial authority or other essential State interests or violate its national law.
Article 14 repeal provisions on the entry into force of this agreement, cease to be in force: Articles 3 to 7 of the agreement of October 15, 2001, between the Government of the French Republic and the Government of the Grand Duchy of Luxembourg concerning cooperation in their border areas between the police authorities and customs authorities.
Article 15 evaluation groups common workgroup composed of representatives of the Contracting Parties check at the request of one of the Contracting Parties in implementing the agreement and identifies the add-ins or any necessary updates.
Article 16 protocols for the application of this agreement, the competent Ministers of the Contracting Parties may conclude additional protocols.
Article 17 entry into force each Contracting Party shall inform the depositary that national conditions of the entry into force of this agreement are met. The depositary confirmed this notification and shall inform the other Contracting Parties to this agreement.
This agreement shall enter into force the first day of the second month following receipt of the last notification.
Article 18 denunciation this agreement is concluded for an unlimited period. Each Contracting Party may denounce it by written notification addressed to the depositary.
The denunciation shall take effect six months after receipt of the written notification by the depositary. Denunciation applies only to the Contracting Party which is the source of the information. This agreement shall remain valid for the other Contracting Parties.
This agreement ceases to be in force when three Contracting Parties have denounced it.
Article 19 depositary the Government of Grand Duchy of Luxembourg is designated as the depositary of this agreement. It shall inform the other Contracting Parties to the entry into force as well as possible subsequent amendments of the agreement.
The registration of the agreement with the Secretariat of the United Nations under article 102 paragraph 1 of the Charter of the United Nations is implemented immediately after its entry into force by the depositary.
Inform the other Contracting Parties that the registration took place, indicating the number of the NU registration as soon as the latter has been validated by the Secretariat of the United Nations.
Done at Luxembourg, 24 October 2008, in four copies in languages French, Dutch and German, each version being equally authentic.
List of bound States agreement between the Government of the Kingdom of Belgium, the Government of the Federal Republic of Germany, the Government of the French Republic and the Government of the Grand Duchy of Luxembourg concerning the establishment and operation of a joint centre for police and customs cooperation in the common border area, done at Luxembourg on October 24, 2008 EtatsDate authentificationType of consentementDate of Consentemententree into force local ALLEMAGNE24/10/2008Notification12/05/2011 Belgium 24/10/2008Notification07/03/2014 FRANCE 2008Notification-10-24 LUXEMBOURG 24/10/2008Notification11/05/2014