Decree No. 2015 - 1297 15 October 2015 On The Publication Of The Agreement Between The Government Of The French Republic And The Government Of The Kingdom Of Belgium Relating To Cross-Border Cooperation In Matters Police And Customs, S...

Original Language Title: Décret n° 2015-1297 du 15 octobre 2015 portant publication de l'accord entre le Gouvernement de la République française et le Gouvernement du Royaume de Belgique relatif à la coopération transfrontalière en matière policière et douanière, s...

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Keywords foreign, INTERNATIONAL agreement, BILATERAL agreement, FRANCE, Belgium, POLICE, police COOPERATION, cross-border COOPERATION, customs, customs COOPERATION, area border, security, stream cross-border illicit, DELINQUENCY border, fight against the crime, agreement of COOPERATION JORF n ° 0242 October 18, 2015 page 19423 text no. 1 order No. 2015-1297 15 October 2015 on the publication of the agreement between the Government of the French Republic and the Government of the Kingdom of Belgium concerning cross-border cooperation in police and customs matters signed at Tournai 18 March 2013 (1) NOR: MAEJ1523718D ELI: https://www.legifrance.gouv.fr/eli/decret/2015/10/15/MAEJ1523718D/jo/texte Alias: https://www.legifrance.gouv.fr/eli/decret/2015/10/15/2015-1297/jo/texte the President of the Republic, on the report of the Prime Minister and the Minister of Foreign Affairs and international development, given the Constitution, particular articles 52 to 55.
Pursuant to law No. 2015-891 23 July 2015 authorizing approval of the agreement between the Government of the French Republic and the Government of the Kingdom of Belgium concerning cross-border cooperation in police and customs matters;
Having regard to Decree No. 53-192, 14 March 1953 as amended relating to the ratification and the publication of the international commitments entered into by France;
Mindful of Decree No. 72 - 854 19 September 1972 on the publication of the European convention on the punishment of road traffic offences of 30 November 1964;
Mindful of Decree No. 85-1203 15 November 1985 on the publication of the convention for the protection of individuals with regard to the treatment automated of personal data, done at Strasbourg on 28 January 1981;
Mindful of Decree No. 95-304 21 March 1995 on the publication of the convention implementing the Schengen agreement of 14 June 1985 between the Governments of the States of the Economic Union of Benelux, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders, signed in Schengen on 19 June 1990;
Considering Decree No. 2005-258 of 14 March 2005 on the publication of the agreement between the Government of the French Republic and the Government of Kingdom of Belgium concerning cross-border cooperation in police and customs matters, signed at Tournai on March 5, 2001, as well as an exchange of letters, signed in Paris and Brussels on 10 June 2002;
Mindful of Decree No. 2007-1401 of September 28, 2007 on the publication of the additional protocol to the convention for the protection of individuals with regard to the treatment automated of personal data regarding supervisory authorities and transborder flows of personal data, done at Strasbourg on 8 November 2001;
Mindful of Decree No. 2008-33 of January 10, 2008, on the publication of the Treaty between the Kingdom of Belgium, the Federal Republic of Germany, the Kingdom of Spain, the French Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands and the Republic of Austria on the stepping up of cross-border cooperation, particularly in combating against terrorism, cross-border crime and illegal migration (together two annexes and a statement) done at Prüm on 27 May 2005;
Having regard to Decree No. 2010-87 January 22, 2010, on the publication of the convention drawn up on the basis of article K. 3 of the Treaty on European Union, on mutual assistance and cooperation between customs administrations (set a schedule), done at Brussels on 18 December 1997.
Mindful of Decree No. 2011-1590 November 18, 2011 on publication of the agreement between the Government of the French Republic and the Government of the Kingdom of Belgium concerning the exchange of information and personal data relating to holders of the certificate of registration of vehicles contained in national files of registration of vehicles with the aim of penalties for infringements to the rules of the road signed at Paris on October 13, 2008, enacts as follows: Article 1 the agreement between the Government of the French Republic and the Government of the Kingdom of Belgium, on cross-border cooperation in police and customs matters signed in Tournai on March 18, 2013, will be published in the Official Journal of the French Republic.


Article 2 the Prime Minister and the Minister of Foreign Affairs and international development are responsible, each in relation to the implementation of this Decree, which shall be published in the Official Journal of the French Republic.

Annex agreement between the Government of the French Republic and the Government of the Kingdom of Belgium relating to the cross-border COOPERATION in matters police and customs, signed in TOURNAI on March 18, 2013, the Government of the French Republic and the Government of Kingdom of Belgium, hereinafter jointly referred to as 'the Parties', aware of the importance of their common border to their respective populations and human of their States and economic development , as well as the need for a concerted management of common problems in border area ensuring the highest level of security of persons and property;
WHEREAS the Convention implementing the Schengen agreement of 14 June 1985, signed on 19 June 1990 (hereinafter ' the CISA') and its implementing texts and recalling his major contribution to the development of police cooperation bilateral and the creation of a space common security;
WHEREAS the Convention drawn up on the basis of article K. 3 of the Treaty on European Union, on mutual assistance and cooperation between customs administrations, signed on 18 December 1997, and its annex and declarations that the complement (hereinafter ' the Naples II Convention");
DETERMINED to deepen the cooperation permitted by the agreement between the Government of the French Republic and the Government of Kingdom of Belgium concerning cross-border in police and customs cooperation, signed in Tournai on March 5, 2001, hereinafter «the agreement de Tournai"), and on the other hand by the agreement between the Government of the Federal Republic of Germany, the Government of the Kingdom of Belgium the Government of the French Republic and the Government of the Grand Duchy of Luxembourg concerning the establishment and operation of a joint centre for police and customs cooperation in the common border area, signed at Luxembourg on October 24, 2008;
EAGER to develop forms of cooperation police more integrated, sources of synergies between their competent services, based on the Treaty between the Kingdom of Belgium, the Federal Republic of Germany, the Kingdom of Spain, the French Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands and the Federal Republic of Austria by 27 May 2005 on the deepening of cross-border cooperation particularly in combating terrorism, cross-border crime and illegal migration; Decision 2008/615/JHA of the Council of the European Union of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating against terrorism and cross-border crime (hereinafter 'the decision 2008/615/JHA') and its implementing measures; and on the framework decision 2006/960/JA1 of 18 December 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union;
Recalling their commitment to contribute effectively to the fight against road unsafety relying inter alia on the Convention European for the punishment of road traffic offences signed in Strasbourg on November 30, 1964, the agreement between the Government of the French Republic and the Government of the Kingdom of Belgium concerning the exchange of information and personal data relating to holders of the certificate of registration of vehicles contained in national files of motor vehicle for the purpose of penalties for infringements to the traffic, signed at Paris on October 13, 2008, and the 2011/82/EU directive of the European Parliament and of the Council of the EU of 25 October 2011 facilitating the cross-border exchange of information on road safety offences;
ANXIOUS to include such cooperation in accordance with the commitments they have undertaken in the field of data protection personal, including 1 a Convention of the Council of Europe for the protection of individuals with regard to automatic processing of data personal of 28 January 1981 and its additional protocol regarding supervisory authorities and cross-border flows of data from November 8, 2001 , and in compliance with the relevant EU legislation;
Have agreed upon the following provisions: Article 1 1. The competent services of the French part for the implementation of this agreement are:-the National Police;
-the National Gendarmerie;
-Customs.
2. the competent services of the Belgian party for the implementation of this agreement are:-the local Police;
-the Federal Police;
-the Administration of customs and Excise.
3. for the purposes of the present agreement is defined as "common area":-for the French part, the departments of Aisne, of the Ardennes, Meurthe-et-Moselle, of the Marne, of the Meuse, Moselle, in the North, of the Pas-de-Calais and Somme.
-for the Belgian part, the whole of its territory.
Article 2

1. Parties undertake cross-border cooperation between law enforcement of police and customs, missions to prevent and facilitate the fight against offences in their area of competence common defined in article 1, in respect of their respective sovereignty and the role of the administrative and judicial authorities territorially competent and without prejudice of organized cooperation at the national level by the central bodies. In the customs field, the cooperation applies to the strict control of the respect of all prohibitions and restrictions on cross-border traffic.
2. the cooperation established between the Parties by this Agreement shall be exercised without prejudice to international agreements binding them and the law of the European Union.

Title I: CENTRES of police COOPERATION and customs section 3(1). Police and customs cooperation centres, hereinafter referred to as 'common centres', are installed close to the common border of the two Parties and to accommodate a staff composed of agents of the two Parties.
2. the competent services of the two Parties determine by common accord the facilities necessary for the operation of the joint centres. They affect officers necessary for the proper performance of the tasks of the joint centres and the continuity of their action.
3. the joint centres maintain documentation to meet the information needs of all the units and services responsible for the missions of police and customs of both Parties, such as the coordinates of the territorially competent police and customs services and the topography of the area for which they are competent.
4. the distribution of the potential costs of construction, maintenance and operation of each joint centre made, if necessary, the subject of an agreement between the Parties or an arrangement between their competent Ministers.
5. the joint centres are reported by official inscriptions.
6 A the Interior of the premises allocated to their exclusive use within the joint centres, the agents of each party are entitled to ensure order and discipline. If necessary, they may require for this purpose the assistance of the agents of the Party on whose territory they are.
7. the Parties agree for the purposes of the service all facilities under their laws and regulations regarding the use of the means of telecommunication.
8. letters and packages of service originating or destination of the joint centres can be transported by the care of officers who are posted without the intermediary of the postal service.
Article 4 1. A joint centre is located in Tournai. It is responsible for the part of the zone of competence common, hereinafter defined as the "border area", which is constituted:-for the French part, of all the departments of the common area.
-for the Belgian part of the provinces of West Flanders, Hainaut, Namur and Luxembourg.
2. in the framework of this agreement, the Parties may change the number and the location of the joint centres by agreement of performance or technical arrangements, within the meaning of article 29.
3. the provisions of this title are implemented without prejudice to other bilateral or multilateral commitments binding on the Parties and shall not affect the other joint centres in which the Parties are represented.
Article 5(1). Common centres are established to promote smooth functioning of cross-border cooperation in police and customs matters, notably to safeguard security and public order and combat the illicit trafficking, illegal immigration and cross-border crime.
2. subject to the competence of the national central bodies, the joint centres are, for the exchange of information with a link to the border area, at the disposal of all the units and services responsible for the missions of police and customs on both sides.
3. by exception, in emergency situations task where the Exchange by another channel would imply a delay which would impede enforcement missions of the requesting service, the joint centres may also be sought, in their areas of competence, for cases have no link with the border area. The central bodies of the Parties are associated with these exchanges of information, in accordance with the respective national organization of each party.
4. common centres collect, process, analyze and perform reconciliations of customs and police information for the benefit of the competent services in the border area. Similarly, they shall carry out the day before and the anticipation of criminal phenomena and bring their support to the operational services of the Parties.
5. the information received, exploited and transmitted by the joint centres are treated in compliance with international, European and national legislation relevant for the protection of the personal data.
6. the joint centres do not have vocation to carry out operational measures independently.
Article 6 within the joint centres, in the areas referred to in article 5, the competent services contribute:-coordination of one-off joint surveillance and intervention in the border area;
-in the preparation and the implementation of the operations of surrender of persons in an irregular situation, especially in the conditions laid down by the agreement between the Government of the French Republic, on the one hand, and the Governments of Kingdom of Belgium, the Grand Duchy of Luxembourg and the Kingdom of the Netherlands, on the other hand, regarding support for people at the common borders between the France and the territory of the Benelux States and by the laws of the Union European;
-to aid in the preparation and the support of cross-border observations and the cross-border prosecutions, as they are defined in the CISA and the Naples II Convention including.
Article 7 1. Automated processing of data personal, hereinafter referred to as 'the common file', whose purpose is the collection and presentation of requests relating to the tasks referred to in articles 5 and 6 shall be established within the joint centres. The data contained in the automated processing which was previously implemented by the joint centres established between the Parties on the basis of the agreement of Tournai are transferred in the common file.
2. the inclusion of personal data in the common file is performed by only regulated agents portions affected within the joint centres. Each agent can complement the data previously recorded by another agent, regardless of the national secondment of belonging of these agents. The Parties shall cooperate in the event of inconsistency between data contained in the common file.
3. each posting shall ensure, during the recording of data in the common file, they are: a. collected and processed in a manner lawful and fair;
b. collected for specific purposes, explicit and legitimate;
c. adequate, relevant and not excessive in relation to the purposes for which they are collected and processed;
d. processed subsequently in a manner consistent with their original purpose;
e. accuracy, completeness and, if necessary, updated.
4. only the authorized agents of the joint centres have access to the personal data saved in the common file. The authority responsible for the treatment takes all appropriate measures to ensure the traceability of the consultations, amendments and deletions of data contained in the common file.
5. in respect of their national legislation and in accordance with their employment authorities, officials of the joint centres can communicate to units or services recipients of their party of origin data from common file, if they are necessary for the performance of their tasks. The authority responsible for processing is developing procedures and tools for the Census and monitoring of thus realized data transmissions.
6. the authority responsible for the treatment takes all appropriate measures to prevent that data contained in the common file can be accessed, copied, modified or exported by an unauthorized person. It also ensures to prevent unauthorised data in the common file and any consultation, modification or already integrated data - deliberate as fortuitous - unauthorized erasure.
7. the personal data saved in the common file are erased when their integration is incorrect or that their knowledge is no longer necessary for the fulfilment of the tasks of the joint centres. The deletion occurs no later than at the end of a period of three years from their last record.
8. the erasure of data is carried out by an officer of the detachment who originally recorded those data. If these data were supplemented by an agent of the other detachment, the latter shall be notified and update or deletion of subsequent data is responsible. Detachments shall inform also any fitted assume that data recorded in the common file is vitiated by error and shall take all measures useful for the purposes of verification and, if necessary, correction or deletion of these data. They shall inform without delay the competent services to which these data have been transmitted.

9. the rights of persons access to the personal data concerning them contained in the common file shall be exercised in accordance with the provisions laid down by the law of the State in the territory of which the common file is hosted.
10. the protection of personal data contained in the common file is controlled by the competent authorities of the Parties, in accordance with international commitments binding and European legislation. Controls are carried out to this end by staff serving in the joint centres, in conjunction with their authorities, employment, or by the national authorities for the protection of the data of the Parties.
Article 8 1. Each detachment shall make arrangements to ensure the highest level of safety and security of the premises of service, vehicles and equipment of the joint centre and ensure the integrity of the infrastructure and systems contributing to its functioning.
2. each posting shall ensure respect for the confidentiality of the information and documents received in respect of the operation of the joint centre, if it has been the object of special protection on the part of the issuer or if it has explicitly outlawed their dissemination.
3. the information and documents, received by a detachment of the joint centre and considered by their confidential transmitter or to be the subject of special protection, cannot be subject to a communication only after express authorization in writing from the original.
Article 9 the joint centres are also involved in the cross-border exchange of information, including personal data, to enable more effective law enforcement of road safety offences committed on the territories of the two Parties and contribute to this title in the fulfilment of their obligations in this field.
Article 10 1. Functions in common centres agents, belong exclusively to the competent services of the Parties, work as a team and share the information they collect. They can respond to requests for information by the competent services of the two Parties.
2. each party maintains the list of staff serving in the joint centres and transmits it to the other party.
3. the officers in the joint centres fall under their original hierarchy.
4. the competent services of each party designate one of their agents who is responsible for the Organization of joint work with his counterpart. This agent carries the title of "Coordinator of the Joint Center. The Parties shall ensure that the balance of the grades of their respective Coordinator and inform the identity of their future Coordinator.
5. each party grants to the other party officers in common centres on its territory, the same protection and assistance to its own agents.
6. the penal provisions in force in each State for the protection of public officials in the performance of their duties are also applicable to offences committed against the other clans common centres affected State officers.
7. the officers in the joint centres are subject to the rules of civil and criminal liability items 21, paragraphs 1 to 3, and 22 of decision 2008/615/JHA. However, when officers in a joint centre attend the services of the other party at their request, the host State is responsible, in accordance with its national law, the damage that these agents cause to third parties in the context of this assistance.
8. each party officers in the joint centres can go on the territory of the other party and perform their service by wearing their national uniforms or apparent distinctive sign, as well as their service arms and other means of compulsion allowed for the sole purpose of ensuring appropriate their legitimate defence or others in accordance with the laws and regulations of the State of residence.

Title II: Direct COOPERATION Article 11 1. The competent services of each party and their subordinate units put in place direct cooperation in the area of joint jurisdiction with their counterparts of the other party, in respect of the Organization rules laid down by their respective national authorities.
2. in addition to the regular contact between homologous units, this cooperation may consist of detached conversely liaison officers and implement joint patrols and other joint operations.
3. direct cooperation is not exercised to the detriment of the cooperation referred to in title I of this agreement, but it is complementary. Any information obtained in the context of this cooperation shall be communicated to the joint centres, for the purposes of Exchange and analysis.
Article 12 1. Liaison officers seconded to the implementation of this agreement were to facilitate contacts between the relevant departments of the two Parties without exercising prerogatives of public power, except under the conditions laid down in the national law of each party, by international commitments binding the two Parties or the relevant EU normative acts European. A secondment agreement can if necessary be prepared by the departments concerned and their respective authorities.
2. these agents work in connection with the corresponding units of the unit to which they are assigned. They have access to all information concerning the area of joint competence, useful for the accomplishment of their mission. The choice of these information is arrested agreed between the leaders of the respective units. The provisions of articles 7 and 8 shall apply by analogy.
3. these agents may be charged to participate in joint operations, within the meaning of article 17 of decision 2008/615/JHA, and monitoring of public events concerning the services of the other party.
Article 13 1. The agents of the competent services may participate in joint patrols in the area of joint jurisdiction. They shall be completed in a service vehicle bearing a distinctive and clear of one of the competent services marking parts or from agents component patrol up away to accomplish their missions.
2. operational direction of the joint patrol is assumed by the agent designated for that purpose by the competent authority of that party on the territory of each party. This direction is therefore assumed alternatively by an officer of each party, based on the common border crossings made by the patrol.
3. officers calling the patrol work together and shall give assistance for the realization of the missions which lapse them. They manage all incident and deal with any infringement found during the course of the patrol in accordance with the law of the party in the territory of which the incident occurred or the offence is found.
4. the agents present in the territory of the other party can exercise prerogatives of public authority under the direction and, as a general rule, in the presence of agents of the Party on whose territory the patrol takes place. The exercise of these prerogatives of public power is carried out as laid down in the national legislation of the Party on the territory of which such intervention takes place, as well as respect for international commitments binding and legislation of the European Union. The territorially competent officer assuming leadership of the patrol Eve to knowledge by agents of the other party of the requirements under its national law on the exercise of prerogatives of public power and ensures their respect during the patrol.
5. the State of registration of the vehicle in which a joint patrol is conducted does not affect the prerogatives administrative and judicial territorially competent agents, nor their right to derogate from the rules of road traffic of their State within the limits and under the conditions laid down in their national legislation.
6. the provisions of this article shall apply by analogy to other forms of joint operations, if agreed by the competent services.
Article 14 1. During emergency or serious accidents involving persons or property and requiring rapid intervention police forces, the intervention of the nearest patrol instead, regardless of its party of origin, is permitted to provide first aid and secure the site before the arrival of the territorially competent unit.
2. stakeholders officers shall notify without delay the receiving State. The latter acknowledges receipt of this information and shall take without delay the measures that are necessary in order to avert the danger and take the situation in hand. Stakeholders officers cannot act on the territory of the receiving State until such time as the latter has taken the necessary measures. Stakeholders are required to comply with the instructions of the host State.
3 when they are on the territory of the other party in the context of such an intervention, these agents and their vehicles are subject to the same rules of road traffic officers and vehicles of the Party on the territory of which the intervention takes place, including in relation to the priority rules, and including the use of optical and acoustic signals.
Article 15

1. when they are implementing one of the forms of direct cooperation laid down in articles 12 to 14 of the present agreement or any other form of cooperation which agreed the services of the Parties on the basis of article 11, the agents of a party present in the territory of the other party benefit from the same protection and assistance in the exercise of their duties as officers of this part. They are subject to criminal liability regime provided for in article 22 of decision 2008/615/JHA.
2. with regard to Regulation damage caused to third parties by the agents of a party, where they occur on the basis of article 13 of this agreement or participate, under paragraph 3 of article 12 of this agreement, a joint operation within the meaning of article 17 of decision 2008/615/JHA, the liability regime provided for in paragraphs 1 to 3 of article 21 of decision 2008/615/JHA shall apply. In cases where agents of some speakers on basis of article 14 of this agreement or participate, under paragraph 3 of article 12 of this agreement, to the supervision of public demonstrations, the liability regime provided for in paragraph 4 of article 21 of decision 2008/615/JHA shall apply.
3. the conditions for performance of the tasks of these agents, particularly those relating to the port of the uniform and individual armament of staffing, are defined in accordance with the provisions of article 19 of decision 2008/615/JHA.
4. a party agents present on the territory of the other party in a transaction falling within the scope of direct cooperation within the meaning of this title may be equipped with collective armaments under their national legislation, when they are in a vehicle of their original unit or service.
5. a party agents present on the territory of the other party in a transaction falling within the scope of direct cooperation within the meaning of the present title or other forms of intervention, may, under the conditions laid down in the national law of the State in the territory of which unfolds the mission, apprehending a surprise person in flagrante delicto of commission or participation in the commission of a flagrant offence punishable by a term of imprisonment back to the territorially competent authorities.
Article 16 1. The heads of corresponding units meet regularly and according to the operational needs of the level of responsibility of the units involved.
2A this opportunity:-carrying out stock of the cooperation of units falling within their competence;
-develop and maintain patterns of common intervention for situations requiring coordination of their share units and sides of the common border;
-develop common research plans for the benefit of their respective units;
-they assess the effectiveness of joint patrols and other joint operations carried out by their units in the area of joint competence and ensure their relevance under criminal flows and problems to the security and public order in their respective areas of jurisdiction;
-they schedule joint border exercises;
-they agree on the foreseeable needs for cooperation on the basis of planned events or developments various forms of delinquency;
-they exchange their statistics on the various forms of crime.
3. a record is drawn up at the end of each meeting.

Title III: Common provisions Article 17 1. A strategic Steering Group, composed of representatives appointed by the Ministers of the Parties, oversees the implementation of this agreement and in particular ensures regular monitoring of legal work which may attach.
2. an operational working group, composed of officials of relevant departments and representatives of the administrative authorities and relevant judicial, meets as necessary. It checks the quality of the cooperation, discussed new strategies, harmonise the contingency plans, search and patrol, Exchange statistics and coordinates work programmes.
Section 18 (1). The competent services of each party:-communicate organizational charts and directories of operational units within their area of joint competence;
-develop a simplified code to designate places of commission of the offences;
-share their relevant professional publications and organise a regular mutual collaboration in the drafting of the latter.
2. they disseminate information exchanged with the joint centres and corresponding units.
Article 19 the competent services co-operate in training and development, including:-exchanging, designing and realizing common curriculum for training and development;
-by organizing joint development as well as cross-border exercises and training seminars;
-by inviting representatives of the competent services of the other party to attend, as observers, to exercises and special operations;
-by conducting reciprocal visits between the corresponding units of area of common competence;
-by allowing representatives of services of the other party to participate in trainings, seminars and training courses;
-through exchanges of interns to familiarize personnel with the structures and practices of the services of the other party;
-in asking each other on the internal law in force on their territory, in particular on the use of weapons and road traffic rules;
-promoting language training appropriate for likely to serve in the joint centres staff and the units of the common area.
Section 20 (1). Missions provided for by this agreement as well as in the context of the cross-border surveillance and hot pursuit, maritime and fluvial ways and air assets can be incurred by a party in the territory of the other party.
2. for cross-border missions, agents are subject to the same requirements on the air, sea or inland waterway transport as the officials of the Party on the territory of which the mission is continued.
3. detailed rules for implementation of the mutual support and joint operations by air, sea or river are if necessary subject to agreements of execution.
Article 21 1. The Parties shall take all appropriate police coordination measures in the area of joint jurisdiction in order to allow the realization of administrative measures on the expulsion of persons.
2. officials of a party may travel on the territory of the other party, under the terms agreed between the competent administrative authorities, ensuring the tasks referred to in paragraph 1 of this article. Transit advisories addressed, before crossing the border, to the joint centres.
3. for the realization of these officers are clothed in their service uniform and carry and use their weapons and regulatory equipment, in accordance with the provisions of article 19 of decision 2008/615/JHA.
4. for the realization of these agents may exercise, on the territory of the other party, a constraint with respect to persons whose custody is awarded, for the time necessary for the surrender of these persons to the competent authorities of the other party.
5. for the realization of these missions, some agents on the territory of the other party benefit from the same protection and assistance in ' performance of their duties as officers of this part. They are subject to the rules of criminal responsibility provided for in article 22 of decision 2008/615/JHA; paragraph 4 of article 21 shall apply to the damage they cause to third parties.
6. the foregoing provisions shall also apply mutatis mutandis to the coordination measures necessary to ensure the safety of operations of translation of persons needed for the functioning of the judicial authorities of their States.
Article 22 1. In the exercise of their customs, and police missions for implementing their administrative skills as judicial officials of the competent services may, if required by the arrangement of the traffic lanes, travel on the territory of the other party, until the next opportunity to make a u-turn to return on their own territory.
2 transit advisories addressed, before crossing the border, to the joint centres.
3. when connections carried out on the territory of the other party on the basis of this article, some officers may exercise coercion or retention for persons and goods placed under their authority, for the duration strictly necessary to achieve them. The assistance of a patrol of the Party on whose territory the transit takes place is required if the law of that party requires it.
Article 23 1. In order to facilitate the movement strictly necessary for operational missions in the area of joint competence, services and units relevant Parties may, where necessary, transit through the territory of the other party.
2 transit advisories addressed, before crossing the border, to the joint centres.

3. where they are on the territory of the other party, concerned officers do not exercise their powers of police or customs and comply with the traffic rules which are in force.
Article 24 1. Services units and relevant Parties can exchange good practices with regard to the use of plate registration and exploitation of data from automated reading such treatments automated.
2. the competent services of the Parties, in conjunction with their other national or local authorities, shall cooperate to coordinate the deployment of such systems in the area of joint jurisdiction.
Article 25 1. The departments and units of the Parties can be mutually available for vehicles or equipment in order to ensure their mutual support in operations joint or not, and shall exchange good practices on their use.
2. the departments and units of the Parties can be mutually available for vehicles or equipment specific to one of them, as well as necessary for their employment specialists, for the management of operational commitments.
3. the services and units of the Parties can acquire jointly for vehicles or equipment and study all useful for this purpose opportunities. 4. The terms of provision or acquisition (as applicable) of such vehicles or equipment and corresponding specialists any subject appropriate agreed execution or a technical arrangement within the meaning of article 29 of this agreement.

Title IV: Final provisions Article 26 1. The Parties contributing jointly and equally to the financing of cooperation established by this agreement, which is in principle implemented in the limit of operating current of services concerned.
2. the Parties shall cooperate as necessary on financial arrangements for the joint centres and updates at disposal and acquisitions of equipment in accordance with articles 3 and 25 of this agreement. They also agree on the distribution of the financial burden resulting from all other projects they decide to jointly develop.
Section 27 seizure of a request for cooperation made under this agreement, each party may dismiss it totally or partly if it considers that its acceptance, in addition to the failure to comply with the conditions laid down by this agreement, would be contrary to its international commitments or European legislation or that its acceptance would undermine the fundamental rights of the person sovereignty, security, public order, to the rules of organization and functioning of the judicial authority or other essential interests of the State. In this case, it shall inform the other party through official channels.
Article 28 any dispute concerning the interpretation or application of this agreement is settled by consultation or negotiation between the Parties.
Article 29 1. Each of the Parties notifies the other the completion of the constitutional procedures required by far for the entry into force of the present agreement, which takes effect the first day of the month following the day of receipt of the second notification.
2. this agreement is concluded for an unlimited period.
3. at the date of its entry into force, this agreement repeals the agreement between the Government of the French Republic and the Government of Kingdom of Belgium concerning cross-border in police and customs cooperation, signed in Tournai on March 5, 2001, as well as the exchange of letters signed in Paris and Brussels on 10 June 2002.
4. this agreement may be amended by mutual agreement between the Parties; These amendments come into force under the conditions laid down in paragraph 1.
5. this agreement may also be the subject of agreements execution or technical arrangements, specifying or supplementing the implementation of its provisions.
6. each party may terminate this agreement at any time with six months notice. This denunciation does not call in question the rights and obligations of the Parties related to projects undertaken as part of this.
Made in Tournai, March 18, 2013, in two original copies in Dutch and French languages, both texts being equally authentic.
For the Government of the French Republic: Manuel Valls Interior Minister for the Government of the Kingdom of Belgium: Joëlle Milquet Annemie Turtelboom Minister of Justice Interior Minister made October 15, 2015.
François Hollande by the President of the Republic: the first Minister, Manuel Valls the Minister of Foreign Affairs and international development, Laurent Fabius (1) entered into force: 1 October 2015.

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