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13 JULY 2012. - Act to approve the Agreement between the Government of the Kingdom of Belgium and the Government of the Czech Republic on Police Cooperation, signed in Brussels on 27 November 2008 (1) (2)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Agreement between the Government of the Kingdom of Belgium and the Government of the Czech Republic on Police Cooperation, signed in Brussels on 27 November 2008, will emerge its full and full effect.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels, 13 July 2012.
ALBERT
By the King:
Deputy Prime Minister and Minister for Foreign Affairs,
D. REYNDERS
Deputy Prime Minister and Minister of the Interior,
Ms. J. MILQUET
The Minister of Justice,
Ms. A. TURTELBOOM
Seal of the state seal:
The Minister of Justice,
Ms. A. TURTELBOOM
____
Notes
(1) Session 2011-2012.
Senate.
Documents
Bill tabled on 13/04/2012, No. 5-1574/1.
Report on behalf of the Commission, No. 5-1574/2
Annales parlementaire
Discussion, meeting of May 31, 2012.
Vote, meeting of 31 May 2012.
House of Representatives
Documents
Project transmitted by the Senate, No. 53-2229/1.
Report on behalf of the Commission, No. 53-2229/2.
Text adopted in plenary and subject to Royal Assent, No. 53-2229/3.
Annales parlementaire
Discussion, meeting of June 14, 2012.
Vote, meeting of 14 June 2012.
(2) This Agreement comes into force on 1^er September 2012.

Agreement between the Government of the Kingdom of Belgium and the Government of the Czech Republic on police cooperation
THE GOVERNMENT OF THE BELGIUM ROYAUME,
AND
THE GOVERNMENT OF THE TWO REPUBLIC,
The following is referred to as "contracting Parties",
Based on:
SOUCI to promote relations of friendship and cooperation between the two States of the Contracting Parties, and in particular on the common desire to strengthen police cooperation among them;
LE DESIR to strengthen this police cooperation within the framework of the international commitments undertaken by the two States in respect of fundamental rights and freedoms, including the Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950, as well as the Council of Europe Convention No. 1 108 of 28 January 1981 for the Protection of Persons with regard to the automated processing of personal data;
CONSIDERING that international organized crime poses a serious threat to the socio-economic development of the States of the Contracting Parties, and that the developments of international organized crime endanger their institutional functioning;
CONSIDERING that the fight against trafficking in human beings and the suppression of illegal entry and exits of the territory of States and illegal migration, as well as the elimination of organized channels participating in these illegal acts, are a concern of the Governments and parliaments of the States of the Contracting Parties;
CONSIDERING 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 United Nations Convention of 20 December 1988 on the Illicit Traffic in Narcotic Drugs and Psychotropic Substances;
CONSIDERING that the only harmonization of the relevant legislation of the two States is not sufficient to combat the phenomenon of clandestine migration with sufficient efficiency;
CONSIDERING that effective international police cooperation in the field of organized crime and illegal migration is essential to combat and prevent such illegal activities;
AGAINST WHO ITS:
Article 1^er
Definitions
For the purposes of this Agreement, the following means:
1. International Trafficking in Human Beings
Any intentional behaviour following:
(a) Facilitate the entry into the territory of the State of one of the Contracting Parties to this Agreement, the transit, stay or exit in that territory if, for that purpose, the constraint, including violence or threats, or if there is recourse to deception, abuse of authority or other forms of pressure in such a way that the person has no other true and acceptable choices;
(b) exploit in any way an informed person that the person has entered, transited or resided in the territory of the State of one of the Contracting Parties to this Agreement under the conditions specified in letter (a).
2. Sexual exploitation of children
The offences referred to in 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
The logistical support provided to police and immigration services.
4. Illicit trafficking in nuclear and radioactive materials
The offences listed in Article 7, paragraph 1^erthe Convention on the Physical Protection of Nuclear Material, signed at Vienna and New York on 3 March 1980.
5. Money laundering
Offences as listed in Article 6, paragraphs 1^er to 3, the Council of Europe Convention on the Laundering, Screening, and the seizure and confiscation of proceeds of crime, signed in Strasbourg on 8 November 1990.
6. Organized crime
Any offence committed by a "criminal organization", defined as a structured association, of more than two persons, established in time, and acting in a concerted manner with a view to committing offences punishable by a custodial sentence, of a maximum of four years or of a more serious penalty, these offences constitute an end in oneself or a means to obtain heritage benefits, and, if applicable, influence unduly public functioning.
7. Personal data
Any information concerning an identified or identifiable natural person; is deemed to be identifiable a person who may be identified, directly or indirectly, including by reference to an identification number or to one or more specific elements, specific to his or her physical, physiological, psychic, economic, cultural or social identity.
8. Processing of personal data
Any operation or set of operations carried out or not using automated processes, and applied to personal data, such as collection, registration, organization, conservation, adaptation or modification, extraction, consultation, use, transmission, diffusion or any other form of provision, reconciliation or interconnection, as well as locking, deletion.
9. Narcotics
Any substance, whether natural or synthetic, contained in Table I or Table II of the Single Convention on Narcotic Drugs, made in New York on 30 March 1961.
10. Psychotropic substance
Any substance, whether natural or synthetic, or any natural product of Table I, II, III or IV of the Convention on Psychotropic Substances signed in Vienna on 21 February 1971.
11. Precursor
Any chemical necessary for the manufacture of certain narcotic drugs and psychotropic substances.
12. Illicit trafficking in narcotic drugs or psychotropic substances and precursors
The offences listed in Article 3, paragraph 1^erthe United Nations Convention on the Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 20 December 1988 and the provisions amending or replacing the Convention.
13. Urgent request
An application is deemed to be a urgent in cases where the passage through formal administrative procedure to the central authorities may interfere or jeopardize prevention or research.
Article 2
Areas of cooperation
1. The Contracting Parties undertake to cooperate mutually, in accordance with the rules and conditions established by this Agreement in the field of police cooperation.
2. The Contracting Parties shall give priority to the prevention, detection, punishment and prosecution of organized crime and other serious offences, including in the following areas:
(a) Offences against life, health and freedom of persons;
(b) illegal trafficking in narcotic drugs, psychotropic substances and precursors and related offences;
(c) illicit trafficking in human organs and tissues;
(d) Illegal migration;
(e) child prostitution, human trafficking and sexual exploitation;
(f) extortion of funds;
(g) theft, production, acquisition, possession, import, export, illegal transit of weapons, ammunition, explosives, radioactive substances, nuclear materials and other dangerous substances and the search for illegal processes in these areas;
(h) falsifications of means of payment, cheques, titles and all official documents and their use;
(i) Crime affecting economic, financial and banking systems;
(j) offences against property, including theft, illegal trade in works of art, historical objects;
(k) theft, illegal trade and illicit traffic in motor vehicles and the falsification and use of falsified vehicle documents;
(l) laundering of proceeds of crime;
(m) corruption of foreign public officials in international trade transactions;
(n) criminal activities related to terrorism and its financing;
(o) offences related to certain acts inspired by racism and xenophobia;
(p) Computer crime.
Article 3
Collaboration between Contracting Parties will also include:
(a) the search for missing persons and assistance in identifying unidentified persons and corpses;
(b) the search for stolen, diverted or misplaced objects in the territory of the States of the Contracting Parties;
(c) Implementation of measures taken on the basis of witness protection programmes.
Article 4
Method of cooperation
The Contracting Parties shall cooperate in the areas specified in Articles 2 and 3 above by the following:
(a) exchange of information on areas within the jurisdiction of police and immigration services;
(b) exchange of equipment;
(c) technical and scientific assistance, expertise and supplies of specialized technical equipment;
(d) an exchange of experiences;
(e) Cooperation in vocational training;
(f) the assistance provided by the police to prepare the execution of requests for mutual legal assistance in criminal matters;
(g) reciprocal information on the legal regulation of this Agreement.
Cooperation will be ensured in accordance with the following provisions.
Article 5
The exchange of information
1. The Contracting Parties will assist and ensure close and ongoing cooperation. They will, inter alia, exchange all relevant and important information.
2. This cooperation can be achieved through the central bodies or in the form of a permanent contact through liaison officers to be designated.
Article 6
1. The Contracting Parties undertake to ensure that their police services, in accordance with national law and within the limits of their competence, provide assistance for the prevention and search for punishable acts, provided that the national law of the requested Contracting Party does not reserve the request or its execution to the judicial authorities.
2. Each Contracting Party may, on its own initiative and in accordance with its national law, communicate to the Contracting Party concerned information that may be important to the Contracting Party concerned for the purpose of assisting in the prevention, detection, punishment and prosecution of offences or for the prevention of threats to public order and security.
Article 7
Any information provided by the Contracting Party required under the provisions of Articles 5 and 6 shall not be used by the requesting Contracting Party for the purpose of bringing evidence in criminal proceedings until after an application for mutual legal assistance in accordance with the principles and standards of international law.
Article 8
1. Requests for assistance and responses to these requests must be exchanged between the central bodies responsible, by each Contracting Party, for international police cooperation and immigration.
2. Where the request cannot be made in a timely manner by the above-mentioned channel, it may, exceptionally and in an emergency only, be addressed by the competent authorities of the requesting Contracting Party directly to the competent authorities of the required Contracting Party and may respond directly to it. In these exceptional cases, the requesting authority must notify, as soon as possible, the central body responsible, in the required Contracting Party, for international cooperation, its direct request and to motivate its urgency.
3. Following the entry into force of this Agreement, Contracting Parties shall, as soon as possible, communicate, through diplomatic channels, the central organs referred to in item 1 and the competent authorities referred to in item 2, indicating their contact addresses and telephone, fax and other means of communication.
Article 9
Each Contracting Party shall guarantee the level of protection that the other Contracting Party has allocated to the information. Protection levels are those used by INTERPOL.
Article 10
1. Contracting Parties may detach, for a specified or indeterminate duration, liaison officers from a Contracting Party to the other Contracting Party.
2. Detachment of liaison officers in accordance with paragraph 1^er a to promote and accelerate cooperation among Contracting Parties, including by agreeing to:
(a) in the form of information exchange for the purpose of combating crime;
(b) in the execution of requests for mutual legal assistance in criminal matters;
(c) for the purpose of carrying out the duties of the authorities responsible for the monitoring of State borders and immigration;
(d) for the purpose of carrying out the missions of the authorities responsible for the prevention of threats to public order.
3. Liaison officers have an advisory and assistance mission. They are not competent for the autonomous execution of police measures. They provide information and carry out their missions in accordance with the instructions given to them by the Contracting Party of origin and by the Contracting Party to which they are detached. They regularly report to the central body responsible for police cooperation and immigration of the Contracting Party to which they are detached.
4. The competent ministers of the Contracting Parties may agree that the liaison officers of a Contracting Party 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 processing of personal data is subject to the respective national legislation of each Contracting Party.
2. With regard to the processing of personal data pursuant to this Agreement, Contracting Parties undertake to achieve a level of personal data protection that complies with the provisions of the Council of Europe Convention of 28 January 1981 for the protection of persons with respect to the automated processing of personal data and recommendation R (87) 15 of 17 September 1987 of the Committee of Ministers of the Council of Europe to regulate the use of personal data.
3. With regard to the processing of personal data transmitted under this Agreement, the following provisions apply as follows:
(a) data may only be used by the recipient Contracting Party for the purposes for which this Agreement provides for the processing of such data and under the conditions determined by the Contracting Party providing them;
(b) data may be used only by the judicial and police authorities and services that cooperate in accordance with this Agreement; communication of data to other instances that pursue the same objectives is possible only after written authorization from the Contracting Party providing them;
(c) the Contracting Party that transmits the data shall ensure its accuracy and completeness. It is also required to ensure that these data are not retained longer than necessary. If it finds that incorrect data or should not have been transmitted have been provided, it shall promptly inform the Contracting Party that has obtained the data; the data shall be corrected or destroyed;
(d) a Contracting Party may not invoke the fact that another Contracting Party has transmitted incorrect data to discharge its responsibility under its national law with respect to an injured person. If the recipient Contracting Party is required to be repaired due to the use of incorrect data transmitted, the Contracting Party which has forwarded the data shall reimburse, upon request, the amounts paid in full by the recipient Contracting Party;
(e) the transmission, destruction and receipt of personal data shall be recorded;
(f) access to data is governed by the national law of the Contracting Party to which the data subject submits its application. The communication of such data to such a person is only possible after written consent of the Contracting Party which originates the data;
(g) upon request, the recipient Contracting Party shall inform the Contracting Party which shall transmit the data of its use and the results obtained on the basis of the data transmitted.
4. Each Contracting Party shall designate a supervisory authority, in accordance with national law, to exercise in its territory independent control of the personal data processing carried out on the basis of this Agreement and to verify whether such treatments are not in violation of the rights of the person concerned. These supervisory authorities are also competent to analyse the difficulties of applying or interpreting this Agreement concerning the processing of personal data.
Article 12
If personal data is transmitted through a liaison officer referred to in Article 10, the provisions of this Agreement shall also be applied.
Article 13
Refusal of assistance
1. Each of the Contracting Parties refuses assistance when it comes to political or military offences or where such assistance is contrary to the legal provisions in force in its territory.
2. Each of the Contracting Parties may refuse assistance or subject it to conditions in respect of offences related to political or military offences or where the fulfilment of assistance may threaten the sovereignty, security, public order or other essential interests of the State.
Article 14
Concertation
1. The competent ministers of the Contracting Parties may establish permanent or occasional working groups to examine common problems concerning the detection, 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 develop, where appropriate, proposals to improve, if necessary, the practical and technical aspects of cooperation between the Contracting Parties.
2. The costs incurred by the fulfilment of this Agreement shall be borne by the Contracting Party which provides assistance, unless otherwise provided, between the Contracting Parties
3. Details of execution and conditions of cooperation will be settled by arrangements between the competent ministers of the Contracting Parties.
Article 15
Settlement of disputes
Any disputes arising from the interpretation or application of this Agreement shall be resolved by mutual consultation.
Article 16
Final provisions
The Contracting Parties shall apply this Agreement in accordance with their domestic law and the international commitments by which the States of the Contracting Parties are bound.
Article 17
1. The Contracting Parties shall, in writing and through diplomatic channels, notify each other of the fulfilment of the legal formalities required for the entry into force of this Agreement.
2. This Agreement shall enter into force on the first day of the second month following the date of receipt of the last notification.
3. This Agreement shall be concluded for an unlimited period of time. Any Contracting Party may denounce it by means of a diplomatic written notification to the other Contracting Party. The denunciation shall take effect six months after the date of its surrender to the other Contracting Party.
Article 18
Contracting Parties may agree to the amendments to this Agreement.
IN WITNESS WHEREOF, the undersigned, duly authorized to do so, have affixed their signatures to the bottom of this Agreement.
DONE in Brussels on 27 November 2008 in two original copies, in each of the Czech, French and Dutch languages, the three texts being equally authentic.