Law On The Implementation Of The Decision Of The Council 2009/371/jha Of 6 April 2009 Establishing The European Police Office (Europol Law)

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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The law implementing Council Decision 2009 /371/JHA of 6. April 2009 European Police Office (Europol Act) (Europol Law)

Non-official table of contents

EuropolG

Date of expend: 16.12.1997

Full quote:

" Europol law of 16 December 1997. December 1997 (BGBl. 2150), which was last amended by Article 1 of the Law of 31 December 2002. July 2009 (BGBl. I p. 2504) "

:Last modified 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 details, see the menu under Notes

Footnote

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

Type 1
(omitted)

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Art 2

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§ 1 responsibilities and tasks

The Federal Criminal Police Office 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. 37)
1.
as a national body in accordance with the first sentence of Article 8 (1) of the Decision 2009 /371/JHA,
2.
as a national authority pursuant to 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 provided in agreement with this body.
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§ 2 Common rules for the Europol Information System and the Analysis Files

(1) Police and customs authorities shall be obliged to provide information to the police and customs authorities in accordance with the provisions of section 13 (1) sentence 1 and 2, para. 2 and 3 of the Federal Criminal Law Act (Bundeskriminalamtgesetz). Federal Criminal Police Office to the extent that this is necessary for the performance of its tasks as a national body. 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 Bundeskriminalamtgesetz (Bundeskriminalamtgesetz) applies(2) The Federal Criminal Police Office may process data which have been or have been transmitted to Europol in separate files, insofar as this is necessary for the performance of its tasks as a national body. § 34 of the Bundeskriminalamtgesetz (Bundeskriminalamtgesetz) applies 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 Federal Police and the Customs Service and the police of the countries may be directly associated with the German liaison officers. Europol, in accordance with Article 9 (3) of Decision 2009 /371/JHA, shall exchange data insofar as this is necessary to speed up the business process and where there is no need for a national coordination requirement. The Federal Criminal Police Office is to be involved in the news.(4) The responsibility for data protection in accordance with Article 29 (1) (a) of Decision 2009 /371/JHA on the legality of the survey, the admissibility of the input, the transmission to the Federal Criminal Police Office and the accuracy and timeliness of the data. the data shall be within the authority 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 responsible for the retrieval of data. The responsibility of the Federal Criminal Police Office as a national body remains unaffected.(5) The authorities of the customs authorities shall be treated in the same way as the police of the countries, provided that they are prosecuted in individual cases for the prosecution of criminal offences involving one of the offences referred to in Article 2 (1) of the Code of Enforcement of the Black Labour Code of 23 November 2008. 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. Non-official table of contents

§ 3 Europol Information System

(1) Without prejudice to § 1 (1) and Article 8 (2) sentence 4 of the decision In 2009 /371/JHA, the authorities of the Federal Police and the Customs Service as well as the police of the Länder are empowered to enter data into the Europol Information System via the Federal Criminal Police Office in an automated procedure and . 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, to be corrected or deleted.(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 conditions set out in Article 8 (2) of the Federal Criminal Police Act (Bundeskriminalamtgesetz).(3) The Federal Criminal Police Office has to record on average every tenth retrieval. Section 11 (6) of the Federal Criminal Law Act shall apply accordingly. Non-official table of contents

§ 4 Analysis files

According to the second sentence of Article 14 (3) of Decision 2009 /371/JHA, the Federal Criminal Police Office only transmits such data may be processed by it for the purposes of prevention and prosecution of criminal offences. Non-official table of contents

§ 5 Application of other rules

Where this law does not apply any special regulations, the powers and Obligations of the Federal Criminal Police Office as the central office and the obligations of other authorities, including the authorities of the Federal Police and the Customs Service and the Police of the Länder, for cooperation with the Federal Criminal Police Office accordingly. Non-official table of contents

§ 6 Data protection control and liability

(1) The Federal Commissioner for Data Protection and Freedom of Information takes the Tasks of the national supervisory authority in accordance with Article 33 of Decision 2009 /371/JHA. The responsibilities for data protection control 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 a proposal from 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 countries concerned, it shall take into account the opinion of the representative proposed by the Federal Council.(3) The representative appointed on a proposal from the Federal Commissioner for Data Protection and Freedom of 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 (Oberverwaltungsgericht), in the district of which the Federal Commissioner for Data Protection is based, is responsible for the local authority.(4) The Federal Ministry of the Interior shall appoint two replacement 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. Non-official table of contents

§ 7 Board of Directors

(1) The Federal Ministry of the Interior nominates one member and one alternate member to the Participation in the meetings of the Management Board pursuant to 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 the meetings of the Administrative Board as an expert.(2) Where, in the context of the duties of the Management Board pursuant to Article 37 (9), (10) and (12) of Decision 2009 /371/JHA, the interests of the Länder are affected, the representative of the Federation shall take into account the opinion of the Administrative Board of the Administrative Board. Representative of the countries. Non-official table of contents

§ 8 Penal Code

For the application of the provisions of the Criminal Code on violation of private secrecy law (§ 203 The members of the Board of Directors, the Director, shall be the members of the Board of Directors, Section 2, sentence 1, sentence 1, sentence 2, para. 4 and 5, § 205), exploitation of foreign secrets (§ § 204, 205) as well as violation of the obligation of professional secrecy (§ 353b (1) sentence 1, first sentence, sentence 2, para. 3 and 4). Deputy directors and officials of Europol and liaison officers to the officials who, in accordance with Article 41 (2) of Decision 2009 /371/JHA, are particularly committed to secrecy or to secrecy For the public service especially pledges. 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 request from the Director of Europol and the Federal Government is to authorise the Law enforcement granted. Non-official table of contents

§ 9 Regulation empowerment

The Federal Ministry of the Interior shall be governed by a legal regulation without the consent of the The competent authorities within the meaning of the first sentence of Article 13 (6) of Decision 2009 /371/JHA are the competent authorities. Non-official table of contents

§ 10 Application of Decision 2009 /371/JHA

Decision 2009 /371/JHA is applicable with the entry into force of this law full application.

Art 3
(omitted)

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