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RS 0.360.454.11 Protocol of 17 September 2002 between the Swiss Confederation and the Italian Republic on the establishment 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 1

Protocol

Between the Swiss Confederation and the Italian Republic
Concerning the establishment of police cooperation centres
And customs

Convened on 17 September 2002

Entered into force by exchange of notes on 1 Er February 2004

(Status on 2 March 2004)

The Swiss Federal Council and the Government of the Italian Republic (hereinafter referred to as the Parties),

For the purpose of supplementing the Agreement of 10 September 1998 between the Swiss Confederation and the Italian Republic on cooperation between the police and customs authorities 2 (hereinafter "Cooperation Agreement"), in particular its art. 13, and having regard to the Agreement of 10 September 1998 between the Swiss Confederation and the Italian Republic on the readmission of persons in an irregular situation 3 (hereinafter 'Readmission Agreement'),

Wishing to promote the development of such cooperation, in particular in the field of the exchange of information and the readmission of persons in an irregular situation, through the establishment of police and customs cooperation centres (hereinafter 'common centres'),

Agreed to the following:

Art. 1 Objectives

The common centres are intended to accommodate staff composed of agents of both Parties and are available to the authorities referred to in Art. 3 of the Cooperation Agreement ('the competent authorities') with a view to promoting the proper functioning of cross-border cooperation in the field of police and customs, safeguarding public order and security, and combating trafficking Illegal immigration, illegal immigration and delinquency in the border region, in accordance with national law and within the limits of the provisions of the Cooperation Agreement and the Readmission Agreement.

Art. 2 Implantation

1. A joint centre shall be set up in Chiasso, in the immediate vicinity of the border, according to the implementation plan set out in the Annex to this Protocol. It welcomes the agents of the Parties representing the competent authorities.

2. The number and seat of the joint centres may be amended at a later date, in accordance with Art. 10 of this Protocol.

Art. 3 Organization

The competent authorities shall select the location of the facilities necessary for the proper functioning of the common centres.

2. The costs of construction and maintenance of the joint centres shall be shared equally between each Party.

The competent authorities of each Party shall designate an officer responsible for the organisation of joint activities and for the management of each Centre. These officials shall jointly prepare an internal regulation and shall take all measures to ensure the proper functioning of the Centre.

4. Within the premises for the exclusive use of the common centres, the agents of the neighbouring State shall be entitled to ensure the application of the internal regulation. They may, if necessary, require the assistance of the agents of the State in whose territory the common centre is installed.

5. The competent authorities of both Parties shall accord, with a view to the proper operation of the service, all facilities within the framework of their laws and regulations concerning the use of means of telecommunication.

6. The hours of operation of the joint centres shall be determined by mutual agreement by the responsible officers mentioned in the c. 3 of this article.

7. Letters and packets of service from or to the common centres may be transported by the care of the officers assigned to them without the intermediary of the postal service.

8. The objects necessary for the operation of the centres or those which the agents of the neighbouring State need during their service in the State of residence are exempt from customs duties and any import or export tax.

Art. 4 Missions

1. Pursuits the objectives set out in s. 2 of the Cooperation Agreement and Art. 1 and 3 of the Readmission Agreement, the services of the joint centres provide:

(a)
The smooth operation of cross-border cooperation and the exchange of information in police and customs matters;
(b)
Coordination of joint border surveillance and other operations involving the services of the Parties;
(c)
The application of common surveillance measures in the border area;
(d)
The readmission of nationals of Parties and third States in an irregular situation.

2. Details of the responsibilities of the joint centres will be agreed between the competent services on the basis of an internal regulation which will define the tasks and competences assigned to the officers.

Art. 5 Common activities

The officers in the common centres work as a team and exchange the information they collect. They may respond directly to requests for information from the competent services of both Parties, in accordance with the conditions set out in Art. 11 of the Cooperation Agreement.

Art. 6 Legal status of the officers in function in the common centres

(1) Officers who carry out their duties in the territory of the other Party under the provisions of the Cooperation Agreement and the Readmission Agreement shall, functionally, be responsible and, Hierarchy of origin, but respect the internal rules of the common center to which they are assigned.

2. The provisions of Title III of the Convention of 11 March 1961 between the Swiss Confederation and the Italian Republic on the juxtaposed national inspection offices and the control along the way 1 Apply Mutatis mutandis The legal status of the officers on duty in the common centres.


Art. 7 Periodic review of cooperation

The competent services of the two Parties in the border area and the local authorities of the joint centres meet at least twice a year to take stock of their cooperation, in order to draw up a joint work programme and Contribute to the development and implementation of coordinated strategies on all or part of the common border or in all or part of the border area.

2. Minutes shall be drawn up at the end of each meeting.

Art. 8 Data Protection

In the areas of cooperation covered by this Protocol, the legislative provisions of the two Parties on data protection shall apply in the sense defined in Art. 15 of the Cooperation Agreement and Art. 19 of the Readmission Agreement, subject to the provisions of the international agreements in force between the Parties.

Art. Limits to cooperation

Each Party may refuse to issue information or cooperate where, in a particular case, the country's general interests or public security would be seriously endangered; it shall justify its refusal.

Art. 10 Amendments

(1) This Protocol may be amended by diplomatic means with the consent of the Contracting Parties. The amendments shall enter into force in accordance with the procedure laid down for the entry into force of the said Protocol.

2. The annex may be amended by exchange of notes between the head of the Federal Department of Justice and Police (DFJP) and the Minister of the Interior of the Italian Republic. The procedures provided for in the national legislation of the Parties are reserved for the approval of amendments to international agreements.

Art. 11 Denunciation

1. Each Party may denounce this Protocol at any time, provided that the denunciation is made with at least six months' notice.

2. Such denunciation shall not affect the rights and obligations of both Parties in connection with the implementation of a project under this Protocol.

Art. 12 Entry into force

1. Each of the two Parties shall notify the other of the completion of the constitutional procedures required for the entry into force of this Protocol.

2. This Protocol shall enter into force on the first day of the second month following the date of receipt of the second notification.

In witness whereof , the undersigned representatives, duly authorized to that effect by their respective Governments, have signed this Protocol.

Done at Chiasso, on 17 September 2002, in two originals, in the Italian language.


For the

Swiss Federal Council:

For the Government

From the Italian Republic:

Ruth Metzler-Arnold

Giovanni De Gennaro


RO 2004 1133


1 The original Italian text is published, under the same number, in the Italian edition of this collection.
2 RS 0.360.454.1
3 RS 0.142.114.549


State 11. July 2006