Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister for Foreign and European Affairs,
Considering articles 52 to 55 of the Constitution;
Vu la Act No. 2009-1792 of 31 December 2009 authorizing the approval of the cooperation agreement on internal security between the Government of the French Republic and the Government of the Republic of Slovenia, signed in Paris on 10 October 2007;
Vu le Decree No. 53-192 of 14 March 1953 amended on the ratification and publication of international commitments undertaken by France;
Vu le Decree No. 85-1203 of 15 November 1985 publishing the Convention for the Protection of Persons with regard to the automated processing of personal data, made in Strasbourg on 28 January 1981;
Vu le Decree No. 95-823 of 23 June 1995 issuing the agreement between the Government of the French Republic and the Government of the Republic of Slovenia on the readmission of persons in an irregular situation, signed in Ljubljana on 1 February 1993,
Decrete:
The cooperation agreement between the Government of the French Republic and the Government of the Republic of Slovenia on internal security, signed in Paris on 10 October 2007, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister for Foreign and European Affairs are responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.
A N N E X E
COOPERATION AGREEMENT ON THE INLAND SAFETY BETWEEN THE GOVERNMENT OF THE FRENCH REPUBLIC AND THE GOVERNMENT OF THE SLOVENIA REPUBLIC
The Government of the French Republic
and
The Government of the Republic of Slovenia,
The following is called "Parties",
Desiring to contribute to the development of their bilateral relations within the framework of the Agreement on Cultural, Educational, Scientific and Technical Cooperation of 6 November 1992;
Mus by the will to actively contribute to the fight against different forms of international crime;
Wishing to increase the effectiveness of their cooperation in the fight against irregular immigration established by the Agreement on the Readmission of Persons in Illegal Situation of 1 February 1993;
Considering the Council of Europe Convention for the Protection of Persons with regard to the automated processing of personal data signed in Strasbourg on 28 January 1981;
agreed that:
Article 1
1. The domestic security cooperation provided for in this Agreement shall be applied by each Party in accordance with the legislative and regulatory provisions in force in each State.
2. Parties conduct technical and operational cooperation and mutually assist in the following areas:
- the fight against organized crime;
- the fight against theft and illicit trafficking of nuclear weapons, ammunition, explosives and materials, chemical compounds and bacteriological products, as well as other dangerous materials and goods and technologies for civilian and military use;
- the fight against illicit trafficking in narcotic drugs, psychotropic substances and their chemical precursors;
– the fight against terrorism;
- the fight against economic and financial offences, including money-laundering;
– the fight against false and counterfeit means of payment and identification documents;
- the fight against trafficking in human beings, especially children;
– the fight against child abductions and abuses against them for pornographic purposes;
– the fight against trafficking in human products, including genetic research, organs, tissues, cells or blood, its components and its derivatives;
– the fight against falsehood and counterfeiting;
– the fight against traffic in vehicles and their accessories;
– the fight against trafficking in stolen cultural property and art objects;
the technical and scientific police;
– the fight against irregular immigration and documentary fraud;
- the safety of air, sea and land transport;
public order;
– staff management and training.
3. The main objective of cooperation in these areas is:
General and specialized training;
• exchange of information and professional experience;
technical advice;
- the exchange of specialized documentation;
as necessary, the reciprocal reception of officials and experts.
4. This cooperation can be extended to other areas of cooperation in domestic security.
Article 2
1. If a Party, having a request made under this Agreement, considers that its acceptance would affect the sovereignty, security, public order, the rules of organization and operation of the judicial authority, other essential interests of its State, or would be contrary to its domestic legislation, that Party may reject it completely or partially.
2. When, pursuant to Article 1 (1) of this Agreement or paragraph 1 of this Article, one Party shall reject or Partially reject a request for cooperation, it shall inform the other Party and shall communicate the reasons for rejection to the other Party.
Article 3
1. The Parties shall cooperate in the prevention, research and punishment of the various forms of international crime.
2. For the purposes of this cooperation:
- Parties shall communicate information on persons suspected of participating in the various forms of international crime, the relationship between such persons, the structure, functioning and methods of criminal organizations, the circumstances of the crimes committed in this context, and the legal provisions infringed and the measures taken, to the extent necessary for the prevention of such offences;
each Party shall take, at the request of the other, police measures if they appear necessary for the purposes of this Agreement;
- Parties shall cooperate in the form of coordinated police measures and mutual assistance on the basis of complementary arrangements made by the competent authorities;
- Parties shall communicate information on methods and new forms of international crime. In this context, each Party may make samples or objects available to the other, at its request, and information relating to them;
- Parties shall exchange the results of research in forensics and criminology and mutually reinforce their investigative methods and means of combating international crime;
- Parties shall exchange specialists with the aim of acquiring high-level professional knowledge and discovering modern means, methods and techniques to combat international crime.
each Party shall endeavour to send an internal security officer or liaison officer to the territory of the other.
Article 4
To prevent the illicit cultivation, extraction, production, import, export, transit and marketing of narcotics, psychotropic substances and their precursors, both Parties shall take coordinated measures and exchange, to the extent necessary for the prevention of a criminal act or for the detection of an offence committed in violation of the Single Convention on Narcotic Drugs signed in New York on 30 March 1961 as amended by the
- information relating to persons involved in the illicit production and trafficking of narcotic drugs, psychotropic substances and their precursors, the methods and means of transport they use, their caches and means of transport, to the places of origin, transit, acquisition and destination of narcotics, psychotropic substances and their precursors, as well as to any particular details relating to such offences;
- operational information on current methods of illicit international trade in narcotic drugs, psychotropic substances and their precursors, as well as on the laundering of the resulting funds;
- quantified results of investigations and research in forensics and criminology in the fields of illicit production and trafficking in narcotic drugs, psychotropic substances and their precursors, and their abuse;
- results of analysis of samples of narcotics, psychotropic substances and precursors that may be abused, or of technical information on the samples taken;
- experience relating to the control and legal trade of narcotic drugs, psychotropic substances and their precursors, as well as operational information related to them.
Article 5
In the context of counter-terrorism, Parties shall exchange:
- information relating to planned or committed acts of terrorism, methods of execution and technical means used for the execution of such acts;
- information relating to terrorist groups and members of those groups that provide, commit or have committed terrorist acts in the territory of the State of one of the Parties and infringe on the interests of the other Party.
Article 6
Technical cooperation that may be implemented in the areas mentioned in this Agreement shall be the subject of prior exchanges of diplomatic correspondence between the Parties. As appropriate, additional arrangements between the competent authorities may specify the modalities for the practical implementation of the actions that have been taken.
Article 7
1. Each Party shall finance cooperation on the basis of this Agreement within its budgetary resources.
2. As required, the requesting Party shall assist an interpreter.
Article 8
For the purposes of this Agreement, the two Parties shall exchange by diplomatic means any data concerning the competent authorities responsible for the implementation of this Agreement and its amendments.
Article 9
1. In order to ensure their protection, the nominal data provided to the other Party as part of the cooperation established by this Agreement shall be subject to the following conditions:
- the recipient Party of nominative data may only use them for the purposes and conditions defined by the Party of origin, including the deadlines at which such data must be destroyed;
- the recipient Party of nominative data shall inform the Party of origin, at its request, of the use and results achieved;
- the name data are transmitted to the only competent authorities for the activity to which these data are required;
- the Party of origin shall guarantee the accuracy of the data provided after ensuring that the communication is necessary and appropriate to the intended purpose, in accordance with the legislative and regulatory provisions in force in its State. If it is established that inaccurate or non-communicable data have been provided, the Party of origin shall promptly inform the Party of destination that corrects inaccurate data or destroys non-communicable data;
― the right to access the name information about which States have exchanged is given to any person. This right shall be exercised in accordance with the law of the Contracting Party to which it asserts it;
- the name data shall be destroyed as soon as they no longer have use for the recipient Party, even if the legal deadlines of the recipient Party are not yet exhausted. The recipient Party shall promptly inform the Party of origin of the destruction of the data provided by specifying the reasons for such destruction;
each Party maintains a record of reported data and destroyed data;
- Parties shall take all necessary measures for the protection of the name data provided to them against any unauthorized access, modification and publication;
- in the event of denunciation of this Agreement or its non-reconduction, all nominal data collected on the basis of this Agreement shall be destroyed.
2. If one of the Parties, having a request for information under this Agreement, considers that, under its domestic legislation, its acceptance would affect the human rights of the person, it may reject the request.
Article 10
1. Each Party shall guarantee the confidential treatment of the information described as such by the other Party.
2. Samples, or, in respect of narcotic drugs, psychotropic substances and their precursors, the results of the analysis of such samples, objects and information provided under this Agreement may not be transmitted to a third State without the written consent of the Party that provided them.
Article 11
1. Parties shall notify each other of the performance of the internal procedures required for the entry into force of this Agreement, which shall take effect on the first day of the month following the second of these notifications.
2. This Agreement shall be concluded for an unlimited period of time.
3. Each Party may denounce it by written notification transmitted by diplomatic means. The denunciation takes effect three months after the receipt of this notification by the other Party. This denunciation does not affect the rights and obligations of the Parties arising from the actions undertaken under this Agreement.
4. Amendments to this Agreement may be adopted in the same forms as this Agreement.
In the belief that the representatives of the two Parties, duly authorized to do so, have signed this Agreement and affixed it to it.
Done in Paris on 10 October 2007, in double copy in French and Slovenian languages, both texts being equally authentic.
For the Government
of the French Republic:
Michèle Alliot-Marie
Minister of the Interior,
Overseas
Territorial Communities
For the Government
of the Republic of Slovenia:
Dragutin Mate
Minister of the Interior
Done in Paris, May 21, 2010.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
Minister for Foreign Affairs
and European,
Bernard Kouchner
