Posted the: 2012-08-24 Numac: 2012015138 FEDERAL Foreign Affairs, external trade and development COOPERATION PUBLIC SERVICE July 13, 2012. -Law concerning consent to the agreement between the Government of the Kingdom of Belgium and the Government of the Czech Republic concerning police cooperation, signed in Brussels on November 27, 2008 (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 agreement between the Government of the Kingdom of Belgium and the Government of the Czech Republic concerning police cooperation, signed at Brussels on 27 November 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 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. 5-1574/1.
Report on behalf of the Committee, no. 5-1574/2 Annales Parliamentary Discussion, meeting of May 31, 2012.
Vote, meeting of May 31, 2012.
House of representatives Documents passed by the Senate, no. 53-2229/1.
Report on behalf of the Committee, no. 53-2229/2.
Text adopted in plenary meeting and submitted to the Royal assent, no 53-2229/3.
Parliamentary Annals Discussion, meeting of June 14, 2012.
Vote, meeting of June 14, 2012.
(2) this agreement comes into force September 1, 2012.
Agreement between the Government of the Kingdom of Belgium and the Government of the Czech Republic concerning police cooperation the Government of the Kingdom of Belgium and the Government of the Czech Republic, hereinafter referred to as "the Contracting Parties", based on: the desire to promote relations of friendship and cooperation between the two States of the Contracting Parties, and in particular on the common will to strengthen cooperation police between them;
THE desire to strengthen this police cooperation in the context of international commitments by the two States in respect of rights and fundamental freedoms, including the Convention for the protection of the rights of man and fundamental freedoms of 4 November 1950 as well as Convention No. 1 108 of the Council of Europe 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 States of the Contracting Parties, and that the developments of international organised 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 organized networks involved in these illegal acts are a concern of Governments and parliaments of the States of the Contracting Parties;
WHEREAS the single Convention on Narcotic Drugs of 30 March 1961 as amended by the Protocol of 25 March 1972, the Convention on psychotropic substances of 21 February 1971 and the Convention of the United Nations of 20 December 1988 relating to the illicit traffic of narcotic drugs and psychotropic substances;
CONSIDERING that the only harmonisation of the relevant laws of the two States is not sufficient to combat the phenomenon of clandestine migration with sufficient effectiveness.
Whereas effective international police cooperation in the field of organised crime and illegal migration is essential to combat and prevent these illegal activities;
HAVE agreed as follows: Article 1 definitions for the purposes of this agreement,: 1. international trafficking of human beings humans following intentional behaviour: has) facilitate the entry on the territory of the State of one of the Contracting Parties to this agreement, 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 of one of the Contracting Parties to this agreement under the conditions stated in the letter a).
2. 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.
3. technical assistance assistance for logistical support to the police and immigration services.
4. the illicit trafficking of nuclear and radioactive materials the offences listed in article 7, paragraph 1, of the Convention on the physical protection of nuclear material, signed at Vienna and in New York on 3 March 1980.
5 money laundering such offences listed in article 6, paragraphs 1 to 3, of the Convention of the Council of Europe on laundering, screening, and the seizure and confiscation of the proceeds from crime, signed in Strasbourg on 8 November 1990.
6 crime any offence committed by a "criminal organization", defined as a structured, of more than two persons, established at the time and acting in concert to commit offences punishable by a deprivation of liberty, of a maximum of at least 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.
7 personal data any information relating to an individual identified or identifiable; 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.
8. treatment of the personal data 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.
9 drug any substance, whether natural or synthetic, listed in table I or table II of the single Convention on narcotic drugs, done at New York on 30 March 1961.
10 psychotropic substance any substance, whether of natural or synthetic origin, or any product naturalness of Schedule I, II, III or IV of the Convention on psychotropic substances signed in Vienna on 21 February 1971.
11 precursor any chemical substance needed in the manufacture of certain narcotic drugs and psychotropic substances.
12. illicit traffic in narcotic drugs or psychotropic substances and precursors the offences listed in article 3, paragraph 1, of the UN Convention of 20 December 1988 against illicit traffic in narcotic drugs and psychotropic substances as well as in the provisions amending or replacing that Convention.
13 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.
Article 2 areas of cooperation 1. The Contracting Parties undertake to cooperate with each other, according to the rules and under the conditions laid down by this agreement in the field of police cooperation.
(2. Contracting Parties shall cooperate by priority to prevention, detection, punishment and the pursuit of organized crime and other serious offences, particularly in the following areas: a) offences against the life, health and freedom of persons;
b) illegal trafficking in narcotic drugs, psychotropic substances and precursors and offences y linked;
(c) illicit trafficking in human organs and tissues;
(d) illegal migration);
e) procuring, trafficking in human beings humans and sexual exploitation of children;
(g) flight, production, acquisition, detention, import, export, the illegal transit of weapons, ammunition, explosives, radioactive substances, nuclear materials and other hazardous substances and the search for illegal processes in these areas;
h) falsification of means of payment, cheques, securities and all official documents and their use;
i) crime hitting systems economic, financial and banking;
j) offences against property, inter alia theft, the illegal trade of works of art, historical artifacts;
k) theft, illegal trade and illicit trafficking in motor vehicles and forgery and use of forged vehicle; documents
l) the laundering of the proceeds of crime;
m) the corruption of foreign public officials in international business transactions;
n) criminal activities related to terrorism and its financing;
o) offences certain acts inspired by racism and xenophobia;
p) computer crime.
Article 3 cooperation between the Contracting Parties will also focus on: was) searching for missing persons and aid in the identification of unidentified persons and corpses;
b) searching for objects stolen, misappropriated or lost on the territory of the States of the Contracting Parties;
(c) the implementation of measures taken on basis of witness protection programmes).
Article 4 terms of cooperation the Contracting Parties will cooperate in the areas specified in articles 2 and 3 above by the following terms and conditions: a) exchange of information concerning the areas within the jurisdiction of the police and immigration services;
(b) the exchange of material;
c) the technical and scientific assistance, expertise and supplies specialized technical equipment;
(d) exchange of experiences;
(e) cooperation in the field of vocational training);
f) assistance provided by police services in the preparation of the execution of requests for mutual legal assistance in criminal matters;
(g) information mutual on the legal regulations for this agreement.
Cooperation will be carried out according to the following provisions.
Article 5 Exchange of information 1.
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.
2. this cooperation may be achieved through central bodies or take the form of a permanent contact through liaison officers to designate.
Article 6 1.
The Contracting Parties undertake that their police services agree, in accordance with national law and within the limits of their skills, assistance to the purposes of the prevention and searching of offences, provided that the national law of the requested Contracting Party not reserve failed request or its execution to the judicial authorities.
2. each Contracting Party may, on its own initiative and in accordance with its national law, provide to the Contracting Party concerned the information which may be important for it for the purposes of assistance for the prevention, screening, suppression and prosecution of offences or for the prevention of threats to the order and public safety.
Article 7 any information provided by the requested Contracting Party pursuant to the provisions of articles 5 and 6 can be used by the requesting contracting party for the purpose of providing evidence in criminal proceedings only after a request for mutual assistance in accordance with the principles and norms of 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.
2. If 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 Contracting 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.
3. after the entry into force of this agreement, the Contracting Parties shall communicate, as soon as possible, through diplomatic channels, the central bodies referred to in point 1 and the competent authorities referred to in paragraph 2, with an indication of their addresses and contact telephone numbers, fax and other means of communication.
Article 9 each Contracting Party must ensure that the level of protection given by the other Contracting Party to information. Levels of protection 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 officers in accordance with paragraph 1 has the 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 the fight 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 supervision of the boundaries of State 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 and immigration 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.
Article 11 Protection of personal data 1. Pursuant to this agreement, the treatment of the personal data is subject to the respective national laws of each Contracting Party.
2. with regard to the processing of personal data pursuant to this agreement, the Contracting Parties undertake 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 aimed at regulating the use of personal data in the police sector.
3. in relation to the processing of personal data pursuant to this agreement, the provisions below apply as follows: has) the data cannot be used by the recipient Contracting Party only for the purpose for which this agreement provides for the processing of such data and under the conditions determined by the Contracting Party providing;
(b) the data may be used only by the judicial and police authorities and services which provide for cooperation in accordance with this agreement; the communication of the data to other instances which pursue the same objectives is possible only after written authorisation from the Contracting Party providing;
(c) the Contracting Party which transmits data is required to ensure their accuracy and their completeness. It is also required to ensure that these data are not kept longer than necessary. If it finds that incorrect data or ought not be transmitted have been provided, it shall inform without delay the contracting party who has obtained the data; the latter is required to the correction or destruction of these data;
(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 a person aggrieved. If the recipient Contracting Party is held to repair due to the use of incorrect data, the Contracting Party which transmitted the data repays, on request, full the amounts paid in compensation by the recipient Contracting Party;
(e) the transmission, destruction and receipt of personal data must be recorded;
(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 these data to such a person is possible only after written consent 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.
4. 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 made on the basis of this agreement 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 agreement involving the processing of data personal.
Article 12 if
personal data are transmitted via a liaison officer referred to in article 10, the provisions of this Agreement shall also apply.
Article 13 refusal of assistance 1. 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.
2. each Contracting 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.
Article 14 consultation 1. The competent Ministers of the Contracting Parties can create permanent or occasional work groups to examine common problems concerning screening, repression 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 cooperation between the Contracting Parties.
2. the costs occasioned by the implementation of this Agreement shall be borne by the Contracting Party providing assistance, unless otherwise, between the Contracting Parties 3. Performance details and conditions of the cooperation will be settled by arrangements between the competent Ministers of the Contracting Parties.
Article 15 settlement of disputes all disputes arising from the interpretation or application of this Agreement shall be settled by mutual consultation.
Article 16 final provisions the Contracting Parties shall apply this agreement in accordance with their domestic law and international commitments by which the States of the Contracting Parties are bound.
Article 17 1. The Contracting Parties shall notify each other, in writing and through diplomatic channels, the completion of the legal formalities required for the entry into force of this agreement.
2. this Agreement shall enter into force the first day of the second month following the date of receipt of the later of these notifications.
3. this agreement is concluded for an unlimited period.
Any Contracting Party may denounce it by written notification addressed through diplomatic channels to the other Contracting Party. The denunciation shall take effect six months after the date of its delivery to the other Contracting Party.
Article 18 Contracting Parties may stop by common accord the amendments to this agreement.
IN witness whereof, the undersigned, duly authorized thereto, have affixed their signatures at the bottom of this agreement.
DONE at Brussels, 27 November 2008 in two originals, in each of the languages, Czech, French and Dutch, the three texts being equally authentic.