Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister of State, Minister for Foreign and European Affairs,
Considering the Constitution, in particular articles 52 to 55;
Vu la Act No. 2011-693 of 20 June 2011 authorizing the approval of the agreement between the Government of the French Republic and the Government of the Kingdom of Belgium concerning the exchange of personal information and data relating to the holders of the vehicle registration certificate contained in the national registration files of the vehicles with the aim of punishing traffic violations;
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. 86-907 of 30 July 1986 publishing the agreement between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual removal of the common border controls, done at Schengen on 14 June 1985;
Vu le Decree No. 95-304 of 21 March 1995 publishing the Schengen Agreement Implementation Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual suppression of common border controls, signed at Schengen on 19 June 1990,
Decrete:
The agreement between the Government of the French Republic and the Government of the Kingdom of Belgium concerning the exchange of personal information and data relating to the holders of the vehicle registration certificate contained in the national registration files of the vehicles with the aim of punishing traffic regulations, signed in Paris on 13 October 2008, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister of State, Minister for Foreign and European Affairs, are responsible, each with regard to him, for the execution of this decree, which will be published in the Official Journal of the French Republic.
A C C O R D
ON THE GOVERNMENT OF THE FRANÇAISE REPUBLIC AND THE GOVERNMENT OF THE BELGIUM ROYAL CONCERNING THE EXCHANGE OF INFORMATION AND PERSONAL DATA RELATING TO THE TITLE OF THE MEATRICULATION OF VEHICLES
The Government of the French Republic and the Government of the Kingdom of Belgium,
The following: Contracting Parties,
Recalling the large number of victims of traffic accidents;
Aware of the importance of the fight against road insecurity and, more generally, against the non-residents' non-compliance with road traffic regulations;
With regard to the Schengen Agreement Implementation Convention and in particular Article 39 of the Schengen Agreement concerning the exchange of data as part of requests for assistance made by the police services, as amended by Framework Decision No. 2006/960/JAI of 18 December 2006 on the simplification of the exchange of information and information between the repressive services of the Member States of the European Union;
Desirous of improving their cooperation in this matter;
The following agreed:
Article 1
Definitions
For the purposes of this Agreement:
(1) Offence of traffic rules:
practices that infringe road traffic regulations to the extent that such practices are sanctioned by the requesting authority; even if these offences are administratively punished.
(2) requesting authority:
the competent judicial or administrative authority, respectively in the French Republic and in the Kingdom of Belgium, for the finding or prosecution of offences under the rules referred to in paragraph (1);
(3) Reporting authority:
national authority responsible for the national vehicle registration file:
in the French Republic: the Ministry of the Interior;
– for the Kingdom of Belgium: the Federal Public Service Mobility and Transport.
(4) Schengen Agreement Implementation Convention:
Agreement to Implement the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic, concerning the gradual suppression of joint border controls, as recently amended by Council Decision No. 2005/211/JAI of 24 February 2005 (OJ of the EU L. 68/44, 15.03.2005).
(5) Council Framework Decision No. 2006/960/JAI:
Framework Decision No. 2006/960/JAI of 18 December 2006 on the simplification of the exchange of information and information between the repressive services of the Member States of the European Union (OJ of the EU No. L. 386, 29.12.2006)
Article 2
Exchange of information and data
by the processing authorities
(1) If an offence to traffic rules is committed in the territory of one of the Contracting Parties with a vehicle registered in the other Contracting Party, the requesting authority may, with the aim of identifying the owner of the vehicle registration and punishing the offence, apply to the processing authority of the other Party through its processing authority.
This request for information indicates:
- the registration number recorded;
the day and time of the offence;
- with the indication of a reference by the requesting authority and the national reference number of the file in question.
(2) The processing authorities and applicants exchange the requested information. The information includes:
- the name, first name, date of birth and address of the holder of the vehicle registration certificate, if the holder is a natural person;
- the social reason and address of the holder of the vehicle registration certificate, if the holder is a legal entity;
- the vehicle registration number and the mark, commercial type and vehicle category.
(3) The communication of information may be denied only in the event that the acceptance of the request would be likely to affect the sovereignty, security, public order or other essential interests of the Contracting Party.
(4) The request for information referred to in subsection (1) and the communication of information referred to in subsection (2) shall be made through a centralized and automated exchange of data between the processing authorities.
Details of technical implementation are settled directly between the processing authorities.
(5) The information requested concerns only offences found from the date of entry into force of the agreement.
Article 3
Data protection
The exchange of personal information and data concerning this Agreement shall be carried out in accordance with national, community and international data protection provisions.
Article 4
Settlement of disputes
Disputes relating to the interpretation and application of this Agreement shall be resolved through diplomatic channels.
Article 5
Final provisions
(1) Each Contracting Party shall notify the other of the fulfilment of the required national procedures for the entry into force of this Agreement, which shall enter into force on the first day of the second month following the day on which the last notification is received.
(2) This Agreement shall be concluded for an initial period of five years. It may be extended by tacit renewal for successive five-year periods, if it is not denounced by one of the contracting parties. Each Contracting Party may denounce this Agreement at any time with a notice of six months.
Done in Paris on 13 October 2008, in two French and Dutch copies, both texts being equally authentic.
For the Government
of the French Republic:
Secretary of State
Transport
to the Minister
ecology, energy,
Sustainable Development
and spatial planning:
Dominic Bussereau
For the Government
of the Kingdom of Belgium:
Secretary of State
Mobility Assistant
to the Prime Minister,
Etienne Schouppe
Done on 18 November 2011.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
The Minister of State,
Minister for Foreign Affairs
and European,
Alain Juppé
