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Regulation on the designation and establishment of the Eurojust national contact point for terrorism

Original Language Title: Verordnung über die Benennung und Einrichtung der nationalen Eurojust-Anlaufstelle für Terrorismusfragen

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Regulation on the designation and establishment of the Eurojust national correspondent for terrorism matters (Eurojust focal points-Regulation-EJTAnV)

Unofficial table of contents

EJTAnV

Date of completion: 17.12.2004

Full quote:

" Eurojust's focal point-Regulation of 17 December 2004 (BGBl. 3520), as last amended by Article 167 of the Regulation of 31 August 2015 (BGBl I). I p. 1474).

Status: Last amended by Art. 167 V v. 31.8.2015 I 1474

For more details, please refer to the menu under Notes
This Regulation shall be used for the implementation of Council Decision 2003 /48/JHA of 19 December 2002 on the application of specific measures in the field of police and judicial cooperation in the fight against terrorism, in accordance with Article 4 of the Common Position 2001 /931/CFSP (OJ L 197, 21.7.2001 EC 2003 No 16 p. 68).

Footnote

(+ + + Text proof: 23.12.2004 + + +) 
(+ + + Official note from the norm-provider on EC law:
Implementation of the
EGBes 48/2003 (CELEX Nr: 303D0048) + + +)

Unofficial table of contents

Input formula

On the basis of § 7 (1) of the Eurojust Act of 12 May 2004 (BGBl. 902), the Federal Ministry of Justice is responsible for: Unofficial table of contents

§ 1 National Contact Point for Terrorism

The Federal Prosecutor-General of the Federal Court of Justice is a national Eurojust correspondent for terrorism matters in accordance with Article 12 (1) of Council Decision 2002/187/JHA of 28 February 2002 setting up Eurojust with a view to reinforcing the fight against the serious crime (OJ C 327 1), as set out in Decision 2009 /426/JHA (OJ L 63, 6.3.2009, p. 14), and to Article 2 (2) of Council Decision 2005 /671/JHA of 20 September 2005 on the exchange of information and cooperation on terrorist offences (OJ L 327, 22.12.2005, p. EU No 22) (national contact point). Unofficial table of contents

§ 2 Processing of the information collected by the Federal Attorney General

(1) In its capacity as a national contact point, the Federal Prosecutor shall process information relating to terrorist offences within the meaning of Article 2 (3) and (5) of Decision 2005 /671/JHA, which he/she shall comply with in the context of the fulfilment of his or her obligations under Article 2 (1) , in a separate file, the tasks assigned to the Judith Constitutional Act and the Code of Criminal Procedure have been filed as a law enforcement agency. § 490 of the Code of Criminal Procedure shall remain unaffected. (2) Terrorist offences referred to in paragraph 1 are those referred to in Article 1 (1), Articles 2 and 3 of Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism (OJ L 201, 31.7.2002, p. EC No 3). (3) The Federal Prosecutor General is obliged to take technical and organisational measures in order to separate the file referred to in the first sentence of paragraph 1 from the other files and registers kept by him. . § 9 of the Federal Data Protection Act remains unaffected. Unofficial table of contents

§ 3 Transmission of information by the public prosecutors ' offices and their examination

(1) As far as the information according to the state of the public prosecutors of the Länder does not already exist at the Federal Prosecutor General, they shall, after their own examination, submit to the Federal Prosecutor General the information on terrorist acts. Offences within the meaning of Article 2 (3) and (5) of Decision 2005 /671/JHA, which they have collected as law enforcement authorities in the course of the performance of their duties assigned under the Constitutional Law and the Criminal Procedure Code. (2) The Federal Prosecutor-General shall, without delay, examine whether the information provided pursuant to paragraph 1 Information shall be in accordance with the requirements of Article 2 (3) and (5) of Decision 2005 /671/JHA. To the extent that the data corresponds to these requirements, it stores it in the file according to § 2 para. 1 sentence 1. Unofficial table of contents

§ 4 Powers of the Federal Attorney General in his capacity as a national contact point, earmarking

(1) The Federal Prosecutor General shall bring together the information in the file referred to in § § 2 and 3 in the file according to the first sentence of § 2 (1) of the file on the same structured data records. The detailed rules shall be laid down by the Federal Prosecutor General in agreement with the national justice administrations and the national Eurojust member, taking due account of the provisions set out by the College of Eurojust. (2) Processing of information pursuant to § 2 (1) sentence 1, the transmission of information pursuant to § 3 (1) sentence 1 as well as the merging of information pursuant to paragraph 1 take place in order for the information to be transmitted to Eurojust according to paragraph 3 (3) The transmission of information to Eurojust shall be carried out in accordance with Article 4 of the Eurojust Act. Unofficial table of contents

§ 5 Protection of personal information

(1) On the use of the information transmitted in accordance with § 3 paragraph 1 and the information stored in the file pursuant to § 2 (1) sentence 1, § 485 sentence 1, § 487 para. 6, § 489 para. 1 and 2 sentence 1, 2 No. 3 as well as § 491 (1) and 2 of the Criminal Procedure Code (2) After being sent to Eurojust, the information stored in accordance with Article 2 (1), first sentence, shall be deleted in this file, but no later than six months after the date on which the information has been submitted to Eurojust. Storage. Records that have been changed after they have been saved will be deleted no later than six months after the last change. The information shall also be deleted as soon as the organisation to which it relates is removed from the list referred to in Article 1 (4) of Council Common Position 2001 /931/CFSP on the application of specific measures to combat terrorism of 27 December 2001 (OJ C 197, 12.7.2001 EC No OJ L 344, p. 93). Sentence 3 shall not apply if the information relates to a terrorist organisation within the meaning of Article 2 of Framework Decision 2002 /475/JHA. Unofficial table of contents

§ 6 Supervision

In the performance of the tasks assigned to him under this Regulation, the General Federal Prosecutor is subject to the technical supervision of the Federal Ministry of Justice and Consumer Protection. Unofficial table of contents

Section 7 Entry into force, external force

The Regulation shall enter into force on the day following the date of delivery. Unofficial table of contents

Final formula

The Federal Council has agreed.