Posted the: 2013-11-21 Numac: 2012015136 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 the Republic of Croatia relating to police cooperation, signed at Zagreb on October 19, 2004 (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 the Republic of Croatia relating to police cooperation, signed at Zagreb on October 19, 2004, 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.
Bill tabled on 28/03/2012, no. 5 - 1552/1.
Report on behalf of the Committee No. 5-1552/2.
Discussion, meeting of May 31, 2012.
Vote, meeting of May 31, 2012.
Draft transmitted by the Senate, no. 53-2228/1.
Report on behalf of the Committee No. 53-2228/2.
Text adopted in plenary meeting and submitted to the sanction royale No. 53 - 2228/3.
Discussion, meeting of June 14, 2012.
Vote, meeting of June 14, 2012.
(2) the Convention shall enter into force on December 1, 2013.
Convention between the Government of the Kingdom of Belgium and the Government of the Republic of Croatia concerning police cooperation the Government of the Kingdom of Belgium and the Government of the Republic of Croatia hereinafter referred to as the Contracting Parties, based on: the desire to promote relations of friendship and cooperation between the two States, and in particular on the common will to strengthen police cooperation between them;
THE desire to strengthen this police cooperation in the framework of the international commitments entered into by the two States respect human rights and fundamental freedoms, including the European Convention of the human rights as well as the Convention of the Council of Europe for the protection of individuals with regard to automatic processing of personal data of 28 January 1981;
CONSIDERING that the fight against crime linked to terrorism in the sense of the European Convention for the Suppression of terrorism of 1977 is a necessity in respect of the defence of the values and democratic institutions;
CONSIDERING that international organised crime represents a serious threat to the socio-economic development of the Contracting Parties, and that recent developments in international organized crime endanger their institutional functioning;
CONSIDERING that the fight against trafficking in human beings human and the Suppression of the inputs and outputs illegal of the territory of the Contracting Parties and illegal migration, as well as the elimination organized networks involved in these illegal acts are a concern of the Governments and the parliaments of the Contracting Parties;
WHEREAS the production and illegal trade in narcotic drugs and psychotropic substances constitute a danger to the health and safety of citizens;
CONSIDERING that the only approximation of laws is not enough to combat the phenomenon of clandestine migration with sufficient effectiveness.
CONSIDERING that 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 criminal activities;
WHEREAS the fulfilment of this requirement invokes 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 humans, following intentional behaviour: has) facilitate the entry on the territory of the State party to this Convention, transit, residence or exit the territory if it is used, for this purpose, the constraint including violence or threats or, if there is use of deceit, abuse of authority or other forms of pressure in a manner such as the person has other real and acceptable choice but to submit to these pressures;
b) operate any way whether a person informed this person entered, passes or resides in the territory of the State party to this Convention under the conditions specified in point a).
Sexual exploitation of children 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 police and migration services.
Crime linked to nuclear and radioactive materials such offences listed in article 7, § 1 of the Convention on the physical protection of nuclear material, signed at Vienna and New York on 3 March 1980.
Money laundering offences as listed in article 6 paragraphs 1 to 3 of the Council of Europe Convention on laundering, screening, and the seizure and confiscation of the proceeds from crime, signed at Strasbourg on 8 November 1990.
Any organized crime offence committed by a "criminal organization", defined as a structured, of more than two persons, established over time, and association acting in concert to commit offences punishable by a deprivation of liberty or a security measure deprivation of liberty of a maximum of at least four years or a more serious penalty, such offences are an end in themselves or a means of obtaining of patrimonial benefits , and, if applicable, unduly influence the operation of public authorities.
Treatment of the personal data by personal data means 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.
Treatment of personal data, means any operation or set of operations performed or not by automated means, applied to personal data, 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.
Amazing "narcotic" means any substance, whether natural or synthetic, listed in table I or table II of the single Convention on narcotic drugs made in New York on 30 March 1961. Any future agreement which will expand the list of narcotic drugs will apply.
Psychotropic substance the phrase "psychotropic substance" means any substance, whether natural or synthetic, or any natural product in table I, II, III or IV of the Convention on psychotropic substances of 21 February 1971. Any future agreement which will expand the list of narcotic drugs will apply.
Illicit traffic in narcotic drugs or psychotropic substances "illicit traffic" means cultivation, 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 UN Convention of 19 December 1988 against illicit traffic in narcotic drugs and psychotropic substances.
Urgent request an application is characterized as urgent in cases where passage through the formal administrative procedure with the central authorities may hinder or compromise the action of prevention or research.
Areas of cooperation Article 2 1. Each of the Contracting Parties undertakes to grant to the other party, according to the rules and under the conditions laid down by this Convention, the widest cooperation in relation to police cooperation.
2. they will cooperate with repression, prevention and prosecution of serious offences of organised crime, and in particular:-offences against life and physical integrity of persons;
-the offences related to the production and illegal trafficking of narcotic drugs, psychotropic substances and precursors;
-the offences related to the production, trade, prescription and administration of substances
to cause hormonal, anti-hormonal, Beta-Adrenergic or stimulatory effect of production, farm animals, as well as crimes related to the pet trade of exploitation and the meat of these farm animals to which these substances are administered and finally the offences related to the processing of such meat;
-trafficking in human beings including illegal migration and the trafficking of human beings;
-sexual exploitation of children and child pornography;
-the criminal activities related to terrorism;
-flight, trafficking and the illegal trade of arms, ammunition, explosives, radioactive substances, nuclear materials and other hazardous substances;
-(manufacturing, counterfeiting, transformation and distribution) forgery of means of payment, cheques and securities;
-crime in the field of economic and financial activities; - offences against property, inter alia theft, trafficking in works of art and historical objects;
-flight, illegal trade and traffic of motor vehicles and forgery and use of forged vehicle; documents
3. the forms of serious crime covered by the organized crime that are not defined in article 1 shall be assessed by the competent national authorities according to national legislation of the States to which they belong.
Article 3 cooperation between the Contracting Parties will also focus on:-searching missing persons, and assistance in the identification of the bodies unidentified.
-research on the territory of a party contracting of stolen, missing, misappropriated or lost on the territory of the other.
Article 4 the Contracting Parties will cooperate in the areas specified in articles 2 and 3 above 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 and personnel trained in the areas covered by this Convention;
-cooperation in the field of vocational training;
-help in the preparation of the execution of requests for mutual legal assistance including particular research methods and a few other investigative methods;
-the realization of measures on basis of programmes concerning the protection of witnesses;
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 contracting party required under this Convention may be used by the requesting contracting party for the purposes of the proof of the incriminating acts only after a request for mutual legal assistance in accordance with the international provisions applicable.
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 possible, the central body in the requested Contracting Party, of its direct request and motivate the urgency.
2. the Contracting Parties shall notify each other through diplomatic channels the list of central bodies responsible for international cooperation.
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 EUROPOL.
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 assistance: has) 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 legal 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 the liaison officers from a Contracting Party seconded to third States shall also represent the interests of the other Contracting Party.
Protection of personal data Article 11 1. The competent authorities of the Contracting Parties, in accordance with their national laws are committed to achieve a level of protection of the personal data which complies with the provisions of the Convention of the Council of Europe of 28 January 1981 for the protection of individuals with regard to automatic processing of 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 the data to personal in the police sector.
2. in relation to the treatment of personal data transmitted in application of this Convention, the provisions hereinafter shall apply: a) the data cannot be used by the recipient Contracting Party for solely for the purposes for which this Convention provides for the treatment of such data and under the conditions determined by the Contracting Party providing; the use of the data for other purposes is possible only after prior authorization of the Contracting Party which transmits the data and in compliance with the legislation of the recipient Contracting Party;
(b) the data may be used only by the judicial authorities and police, 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 Contracting Parties shall communicate the list of users; the communication of the data to other organizations that pursue the same objectives as these services and authorities and acting in this same frame may take place only after prior authorization of the Contracting Party providing;
(c) the Contracting Party which transmits data is required to ensure the accuracy of these and their completeness;
Each Contracting Party shall ensure that the transmitted personal 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 which should not be transmitted have been provided, the Contracting Parties recipients must to be informed without delay;
the latter or the latter are required to undertake the correction or destruction of data, or to mention that these data are incorrect or should not have to be transmitted;
(d) a Contracting Party may not invoke 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 reception of personal data must be recorded. The Contracting Parties shall communicate the list of the authorities or services that are authorized to consult the registration;
(f) access to the data is governed by the national law
of the contracting party to which the person concerned submits its application. The communication of data on the applicant is possible after requesting the authorization of the Contracting Party which is originally data;
(g) 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.
3. 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 title apply when this liaison officer transmits this data to the Contracting Party from which he was seconded.
Exception Article 13 each party 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 party may deny 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.
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 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.
Consultation 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 the responsibility of each party, unless otherwise between the representatives of the Parties duly authorized.
3. the competent Ministers of the Contracting Parties can create an evaluation group which will report on execution of this Convention to the competent Ministers of the Contracting Parties.
Settlement of disputes Article 16 any dispute resulting from the interpretation or application of this Convention shall be resolved by a joint consultative commission.
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.
Final provisions Article 17 the supervision of the execution of this agreement will be carried out 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 formalities required by their national legislation for its entry into force.
This convention shall enter into force the first day of the second month following the date of receipt of the last notification required by paragraph 1 of this article, provided that the Republic of Croatia has in the meantime become party to the Convention for the protection of individuals with regard to automatic processing of personal data. Otherwise, the effective date will take place on the date when the Republic of Croatia becomes a party to this Convention.
This Convention is concluded for an unlimited period. Any party may denounce it by written notification addressed by see diplomatic to the other party. The denunciation shall take effect 6 months after the date of receipt of the notification on denunciation.
Article 19 any party may be sent to the other party all proposals to amend this Convention. The Parties shall agree in writing the amendments to this Convention.
IN witness whereof, the undersigned, duly authorized by their respective Governments for that purpose, have signed this Convention.
DONE at Zagreb, October 19, 2004, in duplicate original, in each of the languages French, Dutch, Croatian and English, the four texts being equally authentic.