Key Benefits:
(State 1 Er August 2014)
The Swiss Federal Council and the Conference of the Guidelines and Directors of the Cantonal Justice and Police Departments (CCDJP)
Hereinafter called the Parties,
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Which, through the establishment of bi-national cooperation centres (CCPD), aim to facilitate and accelerate cross-border police and customs cooperation with France and Italy;
And given art. 6 A Federal Law of 7 October 1994 on the Central Criminal Police Offices of the Confederation (LOC) 5 Which provides that the Confederation co-ordinates the conduct and exploitation of the national part of the CCPD and that it agrees with the cantons how to organise themselves, the implementation of the tasks and the methods of financing,
Agreed to the following:
This Convention governs the organisation of the national part of the CCPD (Swiss Services) of Geneva and Chiasso, the financing of the costs of the CCPD supported by Switzerland, the tasks of the relevant authorities of the Confederation and the cantons and the Issues relating to the right of personnel and public procurement.
1 The authorities of the Confederation and of the cantons participating in the Swiss Services in Geneva and in Chiasso and detaching employees (detachment unit) are:
2 The Swiss Services has no legal personality.
1 The designation of the administrative unit has been adapted to 1 Er Jan. 2015 pursuant to Art. 16 al. 3 of the O of 17 Nov 2004 on Official Publications (RS 170.512.1 ). This mod has been taken into account. Throughout the text.
2 Cf. 1 of the 9th oct. 2007 between the Swiss Federal Council and the Government of the French Republic on cross-border cooperation in judicial, police and customs matters (RS 0.360.349.1 ) And art. 3, let. B, of the Ac. 1998 between the Swiss Confederation and the Italian Republic on cooperation between the police and customs authorities (RS 0.360.454.1 ).
The Directorate of Swiss Services is responsible for:
1 A Steering Committee is established for each Swiss Service.
2 The following people sit on each steering committee:
The Steering Committee is responsible for the strategic conduct of the Swiss Services. It performs the following tasks:
1 Cf. 8, para. 2, du Prot. Add. From 28 January 2002 to the Ac. Of 11 May 1998 between the Swiss Federal Council and the Government of the French Republic on cross-border cooperation in judicial, police and customs matters (RS 0.360.349.11 , below PA France) and art. 7, para. 1, of the Prot. Of 17. 2002 between the Swiss Confederation and the Italian Republic on the establishment of police and customs cooperation centres (RS 0.360.454.11 , hereinafter Protocol Italy).
2 Cf. 2, para. 5, PA France et art. 3, para. 3, Protocol Italy.
1 A Swiss coordinator is appointed for each Swiss Service.
2 The coordinator's and back-up functions of the coordinator are occupied by a police officer from the canton where the CCPD is located and by a fedpol collaborator.
1 The Swiss coordinator is responsible for the operational management of the Swiss Service, which includes the following tasks:
2 The Swiss coordinator has the power to issue instructions to seconded Swiss employees, provided that they are necessary for the proper functioning of the Swiss Service (operational authority). The disciplinary authority is solely responsible for the unit responsible for the secondment of the employee.
The CCPD Office is the interface between fedpol and the authorities participating in the CCPD for administrative and financial matters.
1 Swiss participation in the total operating costs of the CCPD and Swiss Services in Geneva and Chiasso is divided up to two-thirds for the Confederation and one third for the cantons.
2 The share of a canton is calculated in proportion to its population.
3 The total operating costs may not exceed a ceiling of 5.5 million francs. This amount is adapted to the price increase (CPI reference value at 31.12.2012: 98.9 points). The level of the index at the end of the year determines the adjustment of the expenditure limit for the second year following. The ceiling is applicable subject to the approval of the appropriation by Parliament.
4 Operating expenses include:
For the secondment of an employee to a Swiss Service, a lump sum of 125 000 francs per employee on a full-time basis and per year shall be charged to the unit responsible for the secondment of employees.
1 A lump-sum payment of 10 000 francs per full-time employee and per year shall be allocated to the cantonal unit responsible for the secondment of employees to cover all the allowances arising from the special tasks performed by the employees in the Within the Swiss Service (including picket service, night work, Sunday work and function premiums).
2 The lump sum amounts to 22,000 francs for cantonal contributors who are not domiciled in the canton where the Swiss Service is located.
3 The cantonal unit responsible for the secondment pays the full amount of the lump sum to the employees concerned, via the salary system.
The payment of allowances to the employees of the Confederation is settled in accordance with the law of the staff of the Confederation.
1 Salaries for seconded staff within the meaning of s. 10, para. 4, let. Shall be paid in full to the employees by the unit responsible for the secondment, in accordance with the corresponding provisions. Personnel costs shall be calculated, in the total statement of costs incurred at the end of the year, in accordance with Art. 11.
2 The lump sum required to cover the payment of benefits under s. 10, para. 4, let. B is paid to the cantonal units responsible for the secondment of contributors by means of the appropriation in the fedpol budget in favour of the CCPD (CCPD credit).
3 The costs referred to in s. 10, para. 4, let. E are directly reimbursed to contributors through the CCPD credit. The processes and procedures of fedpol are decisive in this respect.
4 The operating and infrastructure costs referred to in s. 10, para. 4, let. D and f are paid by fedpol through the CCPD credit.
5 For each Swiss Service, fedpol establishes at the end of the year a count of the costs referred to in Art. 10, para. 4, let. A to f. The total count of the two Swiss services indicates the proportion of staff made available by the various authorities concerned and what operating costs have already been borne by the Confederation. This count then allows for the calculation of the amounts payable by the Confederation and the cantons.
6 As the cantons have provided additional contributions in the form of secondment of staff, in the light of their cantonal share, compensation is provided. The other cantons pay compensation.
7 Financial operations are carried out each time by fedpol on the basis of the CCPD credit.
Financial management and budgeting are subject to the planning and control requirements of the federal government.
1 Swiss Services generally has a staff of up to 35 employees.
2 The strength set out in para. 1 may be adapted to the operating requirements as long as the expenditure limit referred to in s. 10, para. 3 is not exceeded.
1 The authorities concerned (according to Art. 2, para. 1) undertake to post to the Swiss Services the qualified personnel necessary to guarantee the staff provided for in Art. 16. The minimum duration of the secondment should be twelve months.
2 The unit responsible for the secondment shall submit to the Swiss coordinator the files of the candidates for secondment. The latter shall decide, in agreement with the unit responsible for the secondment, of the commitment of the candidates within the Swiss Service.
The working relationship between the detachment unit and the employee is maintained during his engagement in a Swiss Service. The collaborator shall remain integrated in the hierarchy of the unit responsible for the posting and in principle subject to his authority. In particular, this means that:
1 For the duration of the secondment, the employee shall be subject to the operational authority of the Swiss coordinator within the meaning of Art. 8, para. 2.
2 In case of insufficient or long absence of a seconded employee, the competent service (the Swiss coordinator for employees, the steering committee for the Swiss coordinator) has the possibility of cancelating in advance Commitment to the detachment unit.
3 In the case of a commitment of an employee senior to one year, any training costs shall be apportioned between the HCC Office and the detachment unit on a case by case basis. For commitments of less than one year, the training costs shall be borne by the detachment unit.
1 In accordance with Art. 2 C The Order of 11 December 1995 on Government Procurement (OMP) 1 And the apportionment of costs between the Confederation and the cantons defined in Art. 10, para. 1, the federal public procurement law applies.
2 The processes and procedures of fedpol are decisive in terms of acquisition. The HCC Office coordinates procurement requests.
1 RS 172.056.11
For employees seconded by the Confederation, the costs shall be reimbursed in accordance with the law of the staff of the Confederation and the Directive Ad hoc Of fedpol. The costs of staff seconded by the cantons shall be reimbursed in a similar manner.
Reimbursement of hospitality expenses and gifts (invitations to a meal, accommodation and event expenses) is set out in the directive Ad hoc Of fedpol.
The Parties shall settle any differences of opinion on the implementation of this Convention through dialogue and consensus-building.
This Agreement has been concluded between the Federal Council and the PDAC. It shall enter into force on the first day of the second month following the receipt of the last signature, but at the earliest with the entry into force of the art. 6 A Federal Law of 7 October 1994 on the Central Criminal Police Offices of the Confederation 1 .
1 This Agreement is concluded for an indefinite period. It must be terminated in the event of the dissolution of the CCPDs in Geneva and Chiasso.
2 Each Contracting Party may terminate this Agreement by the end of the year, subject to six months' notice.
Bern, 10 April 2014 |
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1 RS 0.360.349.1
2 RS 0.360.349.11
3 RS 0.360.454.1
4 RS 0.360.454.11
5 RS 360