Rs 0.360.454.11 Protocol Of September 17, 2002 Between The Swiss Confederation And The Italian Republic Relating To The Introduction Of Police And Customs Cooperation Centres

Original Language Title: RS 0.360.454.11 Protocole du 17 septembre 2002 entre la Confédération suisse et la République italienne relatif à l’implantation de centres de coopération policière et douanière

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0.360.454.11 translation protocol between the Swiss Confederation and the Republic Italian relative to the introduction of police and customs co-operation centres concluded on 17 September 2002 entered into force by Exchange of notes on 1 February 2004 (State on March 2, 2004) the Swiss federal Council and the Government of the Italian Republic (hereinafter referred to as the Parties), for the purpose of complete agreement of September 10, 1998, between the Swiss Confederation and the Republic Italian relating to cooperation between the police authorities and customs ('' cooperation agreement'), in particular its art. 13, and seen the agreement of September 10, 1998, between the Swiss Confederation and the Italian Republic on the readmission of persons in irregular situation (hereinafter "readmission agreement"), eager to promote the development of this cooperation, particularly in the field of the exchange of information and the readmission of persons in irregular situation, by the establishment of police and customs co-operation centres (hereinafter "joint centres") , have agreed to the following: art. 1 objectives common centers are designed to accommodate a staff made up of agents of the two Parties and are available to the authorities referred to in art. 3 of the cooperation agreement (hereinafter "competent authorities") in order to promote the proper functioning of cross-border cooperation in police and customs, to back up the order and public safety, and to fight against illegal trafficking, illegal immigration and crime in the border region, in respect of national law and within the limits of the provisions in the cooperation agreement and in the readmission agreement.

Art. 2 Introduction 1. A common Center is set up in Chiasso, close to the border, according to the plan of implementation contained in the appendix to this Protocol. It welcomes the agents of the Parties representing the competent authorities.
2. the number and the seat of the joint centres can be changed later, pursuant to art. 10 of this Protocol.

Art. 3 organization 1. The competent authorities choose the location of the facilities necessary for the proper functioning of the joint centres.
2. the costs of construction and maintenance of the joint centres are shared equally between each part.
3. the competent authorities of each party appoint an officer responsible for the Organization of joint activities and the management of each centre. These officials are jointly developing an internal regulation and take all measures to ensure the effective functioning of the centre.
4 on the inside of the premises assigned to the exclusive use of the joint centres, agents of the State bordering are empowered to ensure the application of the internal rules. They can, if need be, request the assistance of agents of the State on the territory of which the centre is installed for this purpose.
5. the competent authorities of both Parties agreed, with a view to the smooth running of the service, all facilities as part of their laws and regulations regarding the use of the means of telecommunication.
6 common centres opening hours are set by mutual agreement by officers referred to in section 3 of this article.
7. the letters and packages of service to or destined for common centres can be transported by care workers allocated without the intermediary of the postal service.
8. the items necessary for the operation of the centres or those agents of the adjacent State need during their service in the State of stay are exempt from customs duties and any taxes, import or export.

Art. 4 missions 1. The objectives referred to in art. 2 of the agreement of cooperation and to the art. 1 and 3 of the readmission agreement, the common centres services: a) smooth cross-border cooperation and the exchange of information regarding police and customs; b) the coordination of surveillance at the border and other operations involving the services parts; c) the application of common measures of surveillance in the border area; d) the readmission of nationals of the Parties and of third States in an irregular situation.

2. the details of the powers of the joint centres will be agreed between the competent services based on internal regulations that will define the tasks and skills attributed to agents.

Art. 5 common activities function in the joint centres agents working as a team and share the information they collect. They can respond directly to requests for information from the competent services of the two Parties, according to the conditions referred to in art. 11 of the cooperation agreement.

Art. 6 legal status of officers in active service with the joint centres 1. Agents who perform their duties in the territory of the other party in accordance with the provisions of the agreement on cooperation and the readmission agreement report functionally to their Manager and, according to their hierarchy of origin, but respect the internal regulations of the joint centre to which they are assigned.
2. the provisions of title III of the Convention of March 11, 1961, between the Swiss Confederation and the Republic of Italy relating to the offices juxtaposed national controls and control along the way apply mutatis mutandis to the legal status of officials in service in common areas.

SR 0.631.252.945.460 art. 7 periodic review of cooperation 1. The competent services from both sides in the border area and local officials of the joint centres meet at least twice a year to take stock of their cooperation, to develop a joint work programme and contribute to the development and implementation of strategies, coordinated on all or part of the shared border or in all or part of the border area.
2. a report is established at the end of each meeting.

Art. 8 data protection in the areas of cooperation covered by this Protocol, the provisions of both Parties on the protection of the data are applicable as defined in art. 15 of the agreement of cooperation and art. 19 of the readmission agreement, subject to the provisions of the international agreements in force between the Parties.

Art. 9 limits to cooperation each party may refuse to issue an information or collaborate when, in a particular case, the interests or the country's public security would be seriously endangered. She motivates her refusal.

Art. 10 amendments 1. This Protocol can be changed through diplomatic channels with the consent of the Contracting Parties. The changes will take effect following the same procedure as that provided for the entry into force of that Protocol.
2. the annex may be amended by Exchange of notes between the head of the federal Department of justice and police (FDJP) and the Minister of the Interior of the Italian Republic. Are reserved the procedures under the national law of the parties for approval of changes to international agreements.

Art. 11 denunciation 1. Each party may denounce the present Protocol at any time, provided that the denunciation is made with at least six months ' notice.
2. this denunciation does not affect the rights and obligations of the Parties related to the realisation of a project undertaken pursuant to this Protocol.

Art. 12 entry into force 1. Each of the Parties shall notify each other fulfillment of the required constitutional procedures in relation to the entry into force of the present Protocol.
2. the present Protocol comes into force on the first day of the second month following the date of receipt of the second notification.
In faith, undersigned representatives, duly authorized to that effect by their respective Governments, have signed this Protocol.
Made in Chiasso, on September 17, 2002, in two original copies, in the Italian language.

To the Swiss federal Council: for the Government of the Italian Republic: Ruth Metzler-Arnold Giovanni De Gennaro RO 2004 1133 the Italian original text is published under the same number, in the Italian edition of the compendium.
RS 0.360.454.1 RS 0.142.114.549 State 11. July 2006

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