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On The Accession Of The Republic Of Latvia 24 May 2012, The Agreement On Cooperation In The Field Of The Protection Of Witnesses

Original Language Title: Par Latvijas Republikas pievienošanos 2012.gada 24.maija Līgumam par sadarbību liecinieku aizsardzības jomā

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The Saeima has adopted and the President promulgated the following laws: On the accession of the Republic of Latvia 24 may 2012, the agreement on cooperation in the field of the protection of witnesses article 1.  24 may 2012, the agreement on cooperation in the field of the protection of witnesses (hereinafter contract) with this law is adopted and approved.
2. article. Article 10 of the Treaty within the meaning of the national contact point of the Republic of Latvia is a State police.
3. article. The agreement shall enter into force paragraph 3 of article 16 set out in the time and manner, and the Ministry of Foreign Affairs shall notify the official Edition of the "journal".
4. article. The law shall enter into force on the day following its promulgation. This law put a contract in English and its translation into Latvian language. The Parliament adopted the law of 4 June 2015. The President a. Smith in 2015 on June 18 agreement ON the COOPERATION IN the area OF witness PROTECTION the Contracting Parties to this agreement,-RECALLING the cooperation between the competent Ministers to of the Republic of Austria, the Republic of Bulgaria, the Republic of Croatia, the Czech Republic, Hungary, Poland, the Republic of Romania, the Slovak Republic and the Republic of Slovenia in the framework of the Salzburg Forum; -Develop and enhance their it (MENU RNGTON LINE4) cooperation in witness protection;
-HAVING REGARD TO the best practice model developed by Europol in the area of witness protection; – RECOGNIZING bilateral and multilaterals agreements on police cooperation concluded between the Contracting Parties; -HAVING REGARD TO the national legislation of the Contracting Parties and the European Union law, including regulations on personal data protection; -HAVING REGARD TO the United Nations Convention against Transnational Organized Crime of 2000, UNTOC; -RECALLING the United Nations Convention against Corruption, UNCAC of 2003;
-HAVING REGARD TO the relevant Council of Europe instruments; -BEARING IN MIND the free movement of persons in the European Union and the challenges that are related to the area of witness protection have agreed as follows: article 1 the purpose of this agreement is to develop and enhance cooperation related to witness protection between the Contracting Parties.
Article 2 1. The national contact points of the Contracting Parties referred to in article 10 shall cooperate directly in the area of witness protection upon written request. The competence of the national contact points shall be governed by the national legislation. 2. The cooperation shall, in particular, include the relocation and protection of persons, exchange of information, administrative, technical and logistical support and training of the staff of witness protection units. 3. The protected person to be relocated must have been placed under the national protection program of the requesting Contracting Party or, in the case of urgent need, it must be presumabl that this person will be taken into the national protection program of the requesting Contracting Party, if this is foreseen under the national legislation of the requested Contracting Party. When taking supportive measure in connection with the protection of these persons in the national legislation of the requested Contracting Party shall apply accordingly. The person to be protected shall remain under the national protection program of the requesting Contracting Party. 4. The requesting Contracting Party shall provide the requested Contracting Party with all information which is not relevant to the cessary this Contracting Party to come to a decision. 5. an endangered person Enrolling into the national protection program of the requesting Contracting Party shall be fully in competence of this Contracting Party. The requested Contracting Party shall not re-evaluate the reasons for the enrolmen. 6. For serious reasons and after having duly notified by the requesting Contracting Party, the Contracting Party requested may cease the supportive measure. In this case, the requesting Contracting Party shall retake the person concerned.
Article 3 the mutually agreed conditions for the relocation of persons, assistance and protection in each individual case shall be set forth in a separate document concluded by the national contact points referred to in article 10 of the Contracting Parties involved in this individual case. Significant changes in the situation of the protected person should be reflected in the amendments or in a new separate document.
Article 4-officers from the national contact point of one Contracting Party acting under this agreement within the territory of another Contracting Party shall be subject to the instructions given by the national contact point of the host Contracting Party.
Article 5 1. For the carrying of arms, ammunition and equipment and the use of vehicles by officers from the national contact point of one Contracting Party acting under this agreement within the territory of another Contracting Party, the provision of article 19 of the Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation , particularly in combating terrorism and cross-border crime shall apply accordingly. 2. Officers from the national contact point of one Contracting Party acting under this agreement within the territory of another Contracting Party may use their arms, ammunition and equipment only in self-defence legitimat or in the defence of others. 3. In order to ensur the confidentiality of the protective measure may conceal the officers their original identities and the vehicles used. 4. If under this agreement and upon prior approval from a Party requesting Contracting officer intends to act within the territory of another Contracting Party, the national contact point of the requesting Contracting Party shall provide the national contact point of the requested Contracting Party in advance with the following information:-the purpose of the action,-identification of the officer, arms, ammunition and equipment carried by the officers -vehicles used by the officers.
Article 6 Regarding protection and assistance, the general rules of civil liability, criminal liability, and employment relations, the provision of articles 20 to 23 of the Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime shall apply accordingly.
Article 7 Regarding the protection of personal data supplied by the Contracting Parties under this agreement, the provision of the Council Framework Decision 2008/977/JHA of 27 November 2008 on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters shall apply. Each Contracting Party shall guarantee a level of protection of personal data in its national legislation at least equal to that resulting from the Council of Europe Convention for the Protection of Individual with regard to Automatic Processing of Personal data of 28 January 1981 and its Additional Protocol of 8 November 2001 and in doing so, shall be bound by the principles of the Recommendations from the R (87) 15 of 17 September 1987 of the Committee of Minister of the Council of Europe to the Member States regulating the use of personal data in the police sector, also where data are not processed automatically.
Article 8 the Contracting Parties shall ensur that full confidentiality and physical protection of all information supplied by the Contracting Parties under this agreement, by all measure in accordanc cessary not with their national legislation. Classifieds information shall be exchanged exclusively by the national contact points of the Contracting Parties.
Article 9 In individual cases, where a Contracting Party is of the opinion that the granting of a request under this agreement may adversely affec the its national security, public order, the State's interests or national legislation, such Contracting Party may in whole or the refus cooperation in part or make it conditional upon specified terms of cooperation while complying with other international cooperation obligation.
Article 10 For the purpose of the cooperation under this agreement, each Contracting Party shall designat a national contact point when depositing the instrument of ratification, acceptance, approval or accession in accordanc with article 15 or 16. This national contact point shall be the unit running the national protection program.
Article 11 1. The requesting Contracting Party shall bear the costs of living or other measure by this Contracting Party of the requested for the protected person. The requested Contracting Party shall bear the expense for personnel and material resources for the protection of these persons. 2. Each Contracting Party shall bear all other costs incurred by its authorities in implementing this agreement. 3. In special cases, the national contact points concerned may agree in a separate document in accordanc with article 3 on different as regards through the bearing of costs.
Article 12 1. The provision of this Agreement shall apply between the Member States of the European Union only in so far as they are compatible with European Union law. Should the European Union in future arrangements to introduce regimes the scope of this agreement, the European Union law shall take precedenc in applying the relevant provision of this agreement. 2. This agreement shall not be affec rights and obligation under any existing bilateral agreements between the multilaterals or Contracting Parties.
Article 13 Upon request of either Contracting Party, a joint working group made up of representatives of the Contracting Parties shall evaluate the implementation of this agreement and shall identify any need for supplements or amendments.
Article 14

1. The Government of the Republic of Slovenia shall act as Depositary of this agreement. 2. the Depositary shall promptly notify the Contracting Parties of the ratification, acceptance, approval, accession and other statements concerning this agreement. 3. The Depositary shall transmit a certified copy of this agreement to each signatory and party to the Secretariat of the United Nations for registration and publication in accordanc with article 102 of the Charter of the United Nations.
Article 15 1. This agreement shall enter into force on the first day of the second month following the deposit of the second instrument of ratification, acceptance or approval between the two Contracting Parties ratifying. Other Contracting Parties concerning this Agreement shall enter into force on the first day of the second month following the deposit of their instrument of ratification, acceptance or approval. 2. The Depositary shall notify all Contracting Parties of the date of entry into force.
Article 16 1. This agreement shall be open for accession to all Member States of the European Union and other States applying the Schengen acquis. The Depositary shall transmit a certified copy of the agreement to each acceding State. 2. the Instrument of accession shall be deposited with the Depositary. 3. This agreement shall enter into force for any acceding State on the first day of the second month following the deposit of its instrument of accession.
Article 17 1. This agreement shall be concluded for an indefinite period of time. 2. Each Contracting Party may withdraw from this agreement by diplomatic channels with a written notification to the Depositary. 3. The withdrawals shall take effect six months from the date on which the notification was received by the Depositary. 4. If the national contact point of the withdrawing Contracting Party has concluded separate documents in accordanc with article 3, these separate documents shall remain effective until the national contact points of the Contracting Parties concerned, have in mutual consent a terminated the co-operation under the respectiv in separate document, taking fully into account the safety of the person to be protected in these particular cases.
  The agreement on cooperation in the field of the protection of witnesses, the Contracting Parties, having regard to the cooperation between the Republic of Austria, the Republic of Bulgaria, the Czech Republic, the Republic of Croatia, the Republic of Poland, the Republic of Romania, the Slovak Republic, the Republic of Slovenia and the Republic of Hungary, the competent ministries of the Salzburg forum; -Desiring to develop and enhance mutual cooperation in the field of the protection of witnesses; -Taking into account the best practice models that Europol developed in the field of the protection of witnesses; – Recognizing the bilateral and multilateral agreements in the field of police cooperation between the Contracting Parties; -Having regard to the Contracting Parties ' national legislation and European Union legislation, including regulations relating to the protection of personal data; -Having regard to the United Nations Convention of 2000 against transnational organised crime (UNTOC); -Having regard to the United Nations Convention against corruption, 2003 (UNCAC); -Taking into account the relevant documents of the Council of Europe; -Respecting existing in the European Union the free movement of persons and the problems it creates in the field of the protection of witnesses, have agreed on the following.
Article 1 objective of this agreement is to develop and improve cooperation between the Contracting Parties with witness protection matters.
2. Article 1 of the Contracting Parties, the contact points referred to in article 10, shall cooperate in the field of the protection of witnesses after receipt of a written request. The competence of the national focal points established by the national legislation. 2. in particular, the areas of cooperation shall include displacement, and protection, exchange of information, administrative, technical and logistical support and witness protection training unit. 3. the person to be protected, what should be included in the planned move of the Contracting Party in which protection has submitted the request, but in the case of urgency to be sufficient grounds to assume that this person will be included on the request of the requesting contracting party, the national defense program, if such a possibility is provided for in the requested Contracting Party's national law. In connection with the protection of the aid measures are taken, respectively applied the requested Contracting Party's national law. The protected person keep the requesting Contracting Party of the national defence program. 4. the requesting Contracting Party shall provide the requested Contracting Party with all the information necessary for a decision. 5. Endangered admitted the applicant contracting party's national defense program is entirely within the competence of the Contracting Party. The requested Party shall make the admission of reassessment. 6. the requested Contracting Party may suspend the application of the aid measures, if such a decision is the serious grounds and such a decision is properly notified in advance to the requesting contracting party. In this case, the requesting contracting party to take back the person concerned.
Article 3 the mutually approved of the conditions under which persons are moved, protected and receive assistance in each case shall be determined in a separate document, which concluded in the case of Contracting Parties participating in the national contact points, as referred to in article 10. Substantial change in the situation of protected persons to reflect the amendments to this document or new document.
4. the article of one of the Contracting Parties, national focal point officials that, based on this contract, work in the territory of another Contracting Party, the host Contracting Party, the national contact point.
1. Article 5, relating to arms, munitions and equipment of one of the Contracting Parties, national focal point officials, in implementing this agreement, imported in the territory of another Contracting Party, and for vehicles used by these officers in the territory of another Contracting Party, the Council of 23 June 2008 decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime, the provisions of article 19. 2. Any party officials, national focal points in implementing this agreement in the territory of another Contracting Party, may use their weapons, ammunition and equipment only to legitimate self-defence or defence of another person. 3. in order to ensure the confidentiality of the precautionary measures, officials can hide their real identity and used vehicles. 4. If the implementation of this agreement and prior to the approval of the requesting contracting party officials intending to operate in the territory of another Contracting Party, the applicant's contracting party, the national contact point shall provide the above requested Contracting Parties to contact the following information:-the aim of the action; -the identity of the officials; – officials in West weapons, ammunition, and equipment; -used vehicles of officials.
Article 6 relating to the protection and support of the General rules of civil liability, criminal and labour relations according to the Council of 23 June 2008 decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime, 20.-the provisions of article 23.
Article 7 with regard to the protection of personal data, provided by the Contracting Parties in implementing this agreement, the Council of 27 November 2008, the framework decision 2008/977/JHA on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters. Each Contracting Party shall, in their national legislation guarantees a level of protection of personal data, which corresponds at least to the level set by the Council of Europe of 28 January 1981 Convention for the protection of individuals with regard to the automatic processing of personal data and its 2001 additional protocol of 8 November, and, in doing so, the Committee of Ministers of the Council of Europe of 17 September 1987 of the recommendation No R (87) 15 regulating the use of personal data for the purposes of the police even if the data is not processed automatically.
Article 8 the Contracting Parties shall provide all the information in full confidentiality and physical protection, which the Contracting Parties shall implement this agreement and to this end shall take all necessary measures, in accordance with their national law. The exchange of classified information takes place only between the Contracting Parties national contact points.
Article 9 in some cases, when a Contracting Party considers that the adoption of the request in accordance with this agreement may adversely affect the security of the State, public order, national interest or national legislation, it can be entirely or partially refuse cooperation or determine that cooperation possible under certain conditions, while respecting the other international cooperation commitments.
Article 10

In the context of cooperation laid down in this agreement, each Contracting Party shall designate a national contact point, when it deposits its instrument of ratification, acceptance, approval or accession in accordance with article 15 or article 16. The national contact point is the unit that runs the national defense program.
11. Article 1. the requesting Contracting Party shall be borne by the protected person the cost of living and the cost associated with other measures required by that Contracting Party in respect of the protected persons. The requesting Contracting Party shall bear the personnel and material resources related costs necessary for the protection of these persons. 2. Each Contracting Party shall bear all the other costs that its authorities, the implementation of this Agreement occurs. 3. in specific cases, the involved national focal points pursuant to article 3, in a separate document can agree on other procedures for the payment of the costs.
Article 12 1. This agreement, Member States of the European Union shall apply, in so far as they are not contrary to European Union law. If the European Union introduced provisions in the future that affect the scope of this agreement, the application of the relevant provisions of this Treaty, the priority is the European Union law. 2. This Treaty shall not affect the rights and obligations resulting from any existing Contracting Parties to bilateral or multilateral agreements.
Article 13 at the request of a Contracting Party, of the representatives of the Contracting Parties made joint working group shall assess the implementation of this agreement and shall determine the need to supplement and amendments.
Article 14 depositary of this Treaty 1 is the Government of the Republic of Slovenia. 2. the depositary shall promptly notify all Contracting Parties of this agreement related to the deposit of instruments of ratification, acceptance, approval and accession, and other communications relating to this agreement. 3. the depositary shall send a certified copy of this agreement, each of the signatory parties and the Secretariat of the United Nations for registration and publication in accordance with the United Nations Charter, article 102.
15. Article 1 this agreement ratificējoš between the two Contracting Parties shall enter into force on the first day of the second month following the date of deposit of the second instrument of ratification, acceptance or approval. As regards the other parties to this Agreement shall enter into force on the first day of the second month following the date of deposit of their instrument of ratification, acceptance or approval. 2. The depositary shall notify all Contracting Parties of the date of entry into force of the Treaty.
1. Article 16 this agreement can join in all the Member States of the European Union and other countries that apply the Schengen acquis. The depositary shall send a certified copy of the Treaty, each country which accedes to the agreement. 2. instruments of accession shall be deposited with the depositary. 3. this Treaty shall enter into force for the acceding country, the first day of the second month following the deposit of its instrument of accession.
17. Article 1 of this Agreement shall be concluded. for an indefinite period. 2. each Contracting Party may withdraw from this agreement through diplomatic channels, by giving written notification to the depositary. 3. Such withdrawal shall take effect six months after the date of receipt by the depositary of the said notification. 4. If the Contracting Parties national contact point, which withdraws from this agreement, signed by the individual documents in accordance with article 3, those individual documents shall remain in force until such time as the Contracting Parties ' national contact points mutually agree on the relevant separate cooperation set out in the document, in such cases, fully respecting the security of protected persons with considerations.