Law implementing Council Decision 2009 /371/JHA of 6 April 2009 establishing the European Police Office (Europol Act)

Original Language Title: Gesetz zur Umsetzung des Beschlusses des Rates 2009/371/JI vom 6. April 2009 zur Errichtung des Europäischen Polizeiamts (Europol-Gesetz)

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Law implementing Council Decision 2009 /371/JHA of 6 April 2009 establishing the European Police Office (Europol Act) (Europol Act)

Unofficial table of contents

EuropolG

Date of completion: 16.12.1997

Full quote:

" Europol Law of 16 December 1997 (BGBl. 2150), as last amended by Article 1 of the Law of 31 July 2009 (BGBl). I p. 2504).

Status: Last amended by Art. 1 G v. 31.7.2009 I 2504
Art. 2 (1) to (8) shall act in accordance with Article 3 (1), second sentence, shall enter into force on the date on which the Convention enters into force in accordance with its Article 45 (3). The Convention is in accordance with. Bek. v. 9.10.1998 II 2930 mWv 1.10.1998 entered into force

For more details, please refer to the menu under Notes

Footnote

(+ + + Text from: 20.12.1997 + + +)
Heading: designation idF d. Art. 1 No. 1 G v. 31.7.2009 I 2504 mWv 1.1.2010

Species 1
(dropped)

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Type 2

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§ 1 responsibilities and tasks

The Federal Criminal Police Office (Bundeskriminalamt) is the competent authority within the framework of Council Decision 2009 /371/JHA of 6 April 2009 establishing the European Police Office (Europol) (OJ L 136, 31.5.2009, p. (OJ L 121, 15.5.2009, p. 37)
1.
as a national body in accordance with the first sentence of Article 8 (1) of Decision 2009 /371/JHA,
2.
as the national authority referred to in Article 30 (2) of Decision 2009 /371/JHA. If, according to Article 2 (2), a different body is responsible for the data subject to data protection law for the data subject to a request for information, the Bundeskriminalamt (Federal Criminal Police Office) takes the responsibility of the Federal Criminal Police Office pursuant to Article 30 (4) of Decision 2009 /371/JHA shall be provided in agreement with this body.
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§ 2 Common rules applicable to the Europol Information System and the analysis files

(1) Police and customs authorities shall be obliged to submit information to the Federal Criminal Police Office in accordance with the provisions of the first and second sentences of Article 13 (1) and (2), (2) and (3) of the Federal Criminal Law Act, to the extent that this is done in order to comply with the obligations of the Federal Criminal Police Office. Tasks as a national body is required. The Federal Criminal Police Office shall immediately inform the federal and state law enforcement authorities of the information concerning them and the relationships of criminal offences which have been brought into experience by Europol in accordance with Article 17 of the Decision 2009 /371/JHA. § 27 of the Federal Criminal Law Act applies accordingly. (2) The Federal Criminal Police Office may process data which are to be transmitted or transmitted to Europol in separate files, insofar as this is to fulfil its tasks as national Place is required. § 34 of the Bundeskriminalamtgesetz (Bundeskriminalamtgesetz) The data shall be deleted or corrected in accordance with § 32 of the Federal Criminal Law Act (Bundeskriminalamtgesetz). (3) In order to support the exchange of information in the context of the prevention and prosecution of criminal offences, the authorities of the The Federal Police and the Customs Customs Service and the police of the countries directly with the German liaison officers at Europol in accordance with Article 9 (3) of Decision 2009 /371/JHA exchange data as far as this is necessary to speed up the Business activity is required and a national coordination requirement is not recognizable . The Federal Criminal Police Office shall be involved in the proceedings. (4) The responsibility for data protection in accordance with Article 29 (1) (a) of Decision 2009 /371/JHA for the legality of the survey, the admissibility of the input, the transmission to the The Federal Criminal Police Office, as well as the accuracy and up-to-dateness of the data, is the responsibility of the issuing or transmitting body. The responsibility for the admissibility of the retrieval of data in the Europol Information System referred to in the first sentence of Article 13 (5) of Decision 2009 /371/JHA shall be borne by the authorities in the Member States. The responsibility of the Federal Criminal Police Office as a national body remains unaffected. (5) The authorities of the customs administration are treated in the same way as the police of the countries, provided that they are responsible for the prosecution of criminal offences, which are carried out with a Article 2 (1) of the Black Labour Code of 23 July 2004 (BGBl. I p. 1842), most recently by Article 2 of the Law of 21 December 2008 (BGBl. I p. 2933), which are directly related to the subject-matter of the above-mentioned items of test. Unofficial table of contents

§ 3 Europol Information System

(1) Without prejudice to Article 1 (1) and the fourth sentence of Article 8 (2) of Decision 2009 /371/JHA, the authorities of the Federal Police and the Customs Service and the police of the Länder shall be empowered to take part in an automated procedure concerning: to enter and retrieve data from the Federal Criminal Police Office into the Europol Information System. Only the issuing body is entitled to change, correct or delete the data entered; the responsibility of the Federal Criminal Police Office as the central office remains unaffected. Where an authorized body has evidence that data are incorrect, it shall immediately inform the issuing body that it is obliged to examine this communication without delay and, if necessary, to amend the data without delay, (2) The data relating to persons referred to in Article 12 (1) (a) of Decision 2009 /371/JHA referred to in Article 12 (3) (b) and (d) of Decision 2009 /371/JHA may only be entered in so far as the The requirements of § 8 (2) of the Federal Criminal Law Act (Bundeskriminalamtgesetz) are fulfilled. (3) Federal Criminal Police Office has to log on average every tenth call. Section 11 (6) of the Federal Criminal Law Act shall apply accordingly. Unofficial table of contents

§ 4 Analysis files

In accordance with the second sentence of Article 14 (3) of Decision 2009 /371/JHA, the Federal Criminal Police Office shall transmit only those data which it may process for the purposes of the prevention and prosecution of criminal offences. Unofficial table of contents

§ 5 Application of other provisions

To the extent that this law does not apply any special provisions, the powers and obligations of the Federal Criminal Police Office shall be considered as the central office and the obligations of other authorities, including the authorities of the Federal Police and the Customs Service as well as the police forces of the federal states, to cooperate with the Federal Criminal Police Office accordingly. Unofficial table of contents

§ 6 Data Protection and Liability

(1) The Federal Commissioner for Data Protection and Freedom of Information shall carry out the tasks of the National Supervisory Body in accordance with Article 33 of Decision 2009 /371/JHA. The responsibilities for the control of data protection in the countries remain unaffected. (2) The Federal Ministry of the Interior shall appoint the representatives for the Joint Supervisory Body in accordance with Article 34 of Decision 2009 /371/JHA, including one on the proposal of the Federal Commissioner for Data Protection and Freedom of Information, another on a proposal from the Federal Council. The representative appointed on a proposal from the Federal Commissioner for Data Protection and Freedom of Information shall exercise the right to vote in accordance with Article 34 (1) of Decision 2009 /371/JHA. Insofar as the activities of the Joint Supervisory Body affect the interests of the Länder, it shall take into account the opinion of the representative proposed by the Federal Council. (3) The opinion of the Federal Commissioner for Data Protection and the Federal Government's proposal for a Representatives appointed to information shall be sent to the Committee in accordance with Article 34 (8) of Decision 2009 /371/JHA. The representative must be German, the 30. Have completed the life year and have the competence to the judge's office in accordance with § 5 of the German Judge Act. He is independent in the performance of this task and is subject only to the law and is subject to a service supervision only if his independence is not impaired. Before the expiry of his term of office pursuant to Article 34 (1) of Decision 2009 /371/JHA, he may, against his will, be dismissed only by a decision of a court. § § 21, 24 (1) no. 2 and 4, paragraph 3, with the proviso that the application for a court decision is made by the Federal Commissioner for Data Protection and Freedom of Information, and § 24 (5) of the Administrative Court Rules apply accordingly. The Oberverwaltungsgericht (Higher Administrative Court), in whose district the Federal Commissioner for Data Protection has its seat, is responsible for the local authority. (4) The Federal Ministry of the Interior appoes two substitute representatives. Paragraphs 2 and 3 shall apply accordingly. (5) For claims for damages pursuant to Article 52 (1) of Decision 2009 /371/JHA, the Federal Republic of Germany shall be liable, represented by the Federal Criminal Police Office. If the Federal Republic of Germany is obliged to compensate for the damage, the Federal Republic of Germany shall reimburse the compensation of other Member States in accordance with Article 52 (2) of Decision 2009 /371/JHA and the damage suffered by the Federal Republic of Germany shall be: The Federal Republic of Germany is obliged to compensate the data protection legal responsibility of the issuing or transmitting body of a country. Unofficial table of contents

§ 7 Board of Directors

(1) The Federal Ministry of the Interior shall designate one Member and one alternate member to participate in the meetings of the Management Board in accordance with Article 37 (1) of Decision 2009 /371/JHA. In accordance with Article 37 (6) of Decision 2009 /371/JHA, a representative of the Länder, acting on a proposal from the Federal Council by the Federal Ministry of the Interior, may participate in meetings of the Administrative Board as an expert. (2) Insofar as the With regard to the duties of the Management Board in accordance with Article 37 (9), (10) and (12) of Decision 2009 /371/JHA interests of the Länder, the representative of the Confederation shall take into account the opinion of the representative of the Management Board on the Management Board's of the countries. Unofficial table of contents

§ 8 Criminal Procedure

For the application of the provisions of the Criminal Code on violation of private secrecy (§ 203 para. 2 sentence 1 No. 1, sentence 2, para. 4 and 5, § 205), utilization of foreign secrets (§ § 204, 205) as well as violation of service secrecy (§ 353b para. 1 The members of the Board of Directors, the Director, the Deputy Directors and the staff of Europol, and the liaison officers of the officials and the other persons referred to in Article 41 (2) of the Convention shall be appointed as the first sentence of the second sentence of paragraph 1, the second sentence of paragraph 3 and paragraph 4. Decision 2009 /371/JHA on secrecy or secrecy in particular People who have been particularly pledging for the public service. If the perpetrator has become aware of the secret during his activities at Europol, the act is only pursued in accordance with Article 353b of the Criminal Code, if there is a criminal charge from the Director of Europol and the Federal Government is to authorise the Law enforcement granted. Unofficial table of contents

Section 9 Regulation empowerment

The Federal Ministry of the Interior shall, without the consent of the Federal Council, determine the competent authorities within the meaning of the first sentence of Article 13 (6) of Decision 2009 /371/JHA without the consent of the Federal Council. Unofficial table of contents

Section 10 Application of Decision 2009 /371/JHA

Decision 2009 /371/JHA shall apply fully with the entry into force of this Act.

Art 3
(dropped)

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