Regulation (2008:1396) On The Facilitation Of The Exchange Of Information Between Law Enforcement Authorities Of The European Union

Original Language Title: Förordning (2008:1396) om förenklat uppgiftsutbyte mellan brottsbekämpande myndigheter i Europeiska unionen

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Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2008:1396

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.