General provisions
Article 1 this regulation lays down provisions on the application of
Council framework decision 2006/960/JHA of 18 december 2006 on
simplifying the exchange of information and intelligence between the
law enforcement authorities in the European Union
Member States (framework decision).
The regulation also applies to information exchange pursuant to
Council decision 2007/845/JHA of 6 december 2007 concerning cooperation
between national asset recovery offices
When it comes to tracking and identifying proceeds or other
property.
1 (a) of the Act (2013:329) with certain rules relating to the protection of
personal data in police and judicial
cooperation in the European Union, and in the regulations
the Government has announced in adherence to the law, are
the specific provisions on the processing of personal data
as in the framework of police or judicial
cooperation has been transferred from or made available by
1. a State which is a member of the European Union (EU),
2. Iceland, Norway, Switzerland or Liechtenstein,
3. an EU agency, or
4. an EU information systems.
Regulation (2013:348).
paragraph 2 of this regulation means
1. Swedish law enforcement: law enforcement,
The Swedish national economic crimes Bureau in the police operations conducted at
the Agency, the customs service and the coast guard,
2. foreign law enforcement agency "means a law enforcement
authority in another Member State of the European Union which has
declared to be competent law enforcement authority under
the framework decision, or who has been appointed to the national Office for
recovery of assets in accordance with the Council decision on cooperation
between national asset recovery offices
When it comes to tracking and identifying proceeds or other
property,
3. the offences referred to in article 2(2) of framework decision 2002/584/JHA of
13 June 2002 on the European arrest warrant and the
surrender procedures between Member States: offences under Swedish
the right corresponding to the offences referred to in the article.
Regulation (2014:1178).
Information to foreign law enforcement agency
Disclosure of information upon request
section 3 of The Swedish enforcement authority shall, if it does not meet
no impediment under paragraph 5 of, to a foreign law enforcement
authority to provide data for use in
intelligence about crimes or in the investigation of crimes,
provided that the
1. the request includes at least the information specified in the form
in Annex B to the framework decision, and
2. the task is available to the authority at the time of
request.
Disclosure of information without prior request
section 4 of the Swedish enforcement authority has objective justification
to assume that the data available to the Agency,
help to detect, prevent or investigate offences referred to
in article 2(2) of the framework decision on the European arrest warrant
and the surrender procedures between Member States, the data shall, if
It does not encounter any obstacles, under paragraph 5, without special request
be submitted to a relevant foreign law enforcement agency.
Disclosure should be limited to what is deemed relevant and
necessary for the purpose of the disclosure.
Limitation of the obligation to provide data
§ 5 data may not be disclosed under section 3 or 4 of an
disclosure is contrary to law or regulation
or if there are objective reasons to believe that a disclosure
1. can harm essential Swedish security interests;
2. can compromise the outcome of an ongoing criminal investigation or
intelligence activities, or
3. can compromise the safety of individuals.
A request for information under paragraph 3 shall also be refused if the
apply an act which is straffri in Sweden or a crime for
the Swedish law provides for one year in prison or less.
The same applies where disclosure is judged to be clear
disproportionate or irrelevant to the purpose for which it is requested.
If the request is rejected, the foreign law enforcement
the authority is informed.
Terms and conditions
section 6 of the Information provided under section 3 or 4, in
individual cases be subject to conditions of use, if required
with regard to the individual's rights or from a general point of view. A
such conditions shall not contravene Sweden's international
obligations.
Deadlines
section 7 a request for information under paragraph 3, relating to offences
referred to in article 2(2) of the framework decision on the European
arrest warrant and the surrender procedures between the Member States and
who is reported to be urgent, if possible, if the information is
immediately available, answered within eight hours of the
the request came in to the authority which is designated to be
national contact point under the framework decision. If the request cannot be
answered within eight hours, it shall be answered as soon as
possible, but not later than within three days from the time the request came in
at the national focal point.
A request for information under paragraph 3, relating to offences referred to
in article 2(2) of the framework decision on the European arrest warrant
and the surrender procedures between Member States and which are not stated
be urgent, must be answered within one week of the
the request came in to a Swedish law enforcement authority.
section 8 a request for information under section 3 shall, in cases other than those
as stated in section 7, answered within 14 days of the request
come on in.
section 9 If the request cannot be answered within the specified time limits, the
the requesting authority shall be informed thereof in accordance with
form in Annex A of the framework decision.
Swedish Government request for information
section 10 is a law enforcement agency believes that it
There is reason to believe that it is in another Member State
available data needed to detect, prevent,
or investigate a crime, the authority with the application of
the framework decision to request such information. The request should contain the
at least the information listed in Annex B to the framework decision.
section 11 paragraph 3 of the Act (2000:343) for international police
cooperation and Chapter 4. section 2 of the Act (2000:1219) for international
Customs cooperation provides for obligation of a public authority
to comply with conditions that impair its ability to harness a
task.
section 12 of The Swedish enforcement authority which has received
data from a foreign law enforcement agency shall, on
the request of the authority, provide information on how
the data have been used.