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RS 360.4 Convention of 2 April 2014 on the national operation of the Joint Police and Customs Cooperation Centres (CCPD) in Geneva and Chiasso

Original Language Title: RS 360.4 Convention du 2 avril 2014 relative à l’exploitation nationale des centres communs de coopération policière et douanière (CCPD) de Genève et de Chiasso

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360.4

Convention on the National Operation of the Joint Police and Customs Cooperation Centres (CCPD) in Geneva and Chiasso

Approved by the Plenary Meeting of the Conference of Directors and
Directors of the cantonal justice and police departments (CCPDR) on 14 November 2013.

Adopted by the Federal Council on 2 April 2014

(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,

Vu

-
The Agreement of 9 October 2007 between the Swiss Federal Council and the Government of the French Republic on cross-border cooperation in judicial, police and customs matters 1 ,
-
The Additional Protocol of 28 January 2002 to the Agreement 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 2 ,
-
The Agreement of 10 September 1998 between the Swiss Confederation and the Italian Republic on cooperation between the police and customs authorities 3 ,
-
The Protocol of 17 September 2002 between the Swiss Confederation and the Italian Republic concerning the establishment of police and customs cooperation centres 4 ,

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:

Chapter 1 General provisions

Art. 1 Purpose of the Convention

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.

Art. 2 Swiss services in Geneva and Chiasso

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:

A.
The Federal Police Office (fedpol);
B.
The State Secretariat for Migration 1 ;
C.
The Federal Customs Administration, represented by the Border Guard Corps (Cgfr);
D.
Cantonal fonts 2 .

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 ).

Chapter 2 Organization

Section 1 Swiss Services Directorate

Art. 3

The Directorate of Swiss Services is responsible for:

-
The Steering Committee on Strategic Issues;
-
The Swiss coordinator for operational matters;
-
To fedpol for administrative matters.

Section 2 Steering Committee

Art. 4 Number and composition

1 A Steering Committee is established for each Swiss Service.

2 The following people sit on each steering committee:

A.
The Head of the International Police Cooperation Division in Fedpol and the Head of the Commissioner's Office;
B.
The commander of the border guard area where the CCPD is located;
C.
A framework of the State Secretariat for Migration;
D.
Three cantonal font frameworks, including at least one from the canton where the CCPD is located;
E.
The Swiss coordinator.
Art. 5 Tasks

The Steering Committee is responsible for the strategic conduct of the Swiss Services. It performs the following tasks:

A.
Represent Switzerland in the bi-national body (Switzerland-France or Switzerland-Italy) in accordance with the additional protocols 1 And guarantee a uniform position of Switzerland;
B.
Inform the relevant authorities in a comprehensive and timely manner of sensitive political events or decisions in relation to the CCPD or Swiss Services;
C.
Realize objectives, perform tasks and manage the organization of Swiss Services;
D.
Appoint the Swiss coordinator in conjunction with the unit responsible for his secondment;
E.
Validate the specifications of the Swiss coordinator and his instructions for service;
F.
Approve PDAC's internal regulations 2 And authorise the Swiss coordinator to sign them;
G.
Approve the annual report of the Swiss coordinator on the functioning of the Swiss Service for the authorities concerned;
H.
Serve as an intermediary between the Swiss Service and the relevant authorities on strategic issues;
I.
Transmit to the Directorate of fedpol a proposed budget of the CCPD;
J.
Develop the internal regulations, submitted to the Directorate of fedpol for approval.

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.

Art. 6 Chair of the Steering Committee

1 The Head of the International Police Cooperation Division of Fedpol chairs the Steering Committee.

2 The Chair of the Steering Committee shall convene and chair the meetings and record the minutes.

Section 3 Swiss computer

Art. 7 Designation

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.

Art. 8 Tasks

1 The Swiss coordinator is responsible for the operational management of the Swiss Service, which includes the following tasks:

A.
Implement the decisions of the Steering Committee when they fall within its jurisdiction;
B.
Serve as an intermediary between the Swiss Service and the members of the Steering Committee, on the one hand, between the Swiss Service and the Swiss and foreign authorities concerned for operational matters on the other;
C.
Establish the necessary operational instructions;
D.
Prepare the annual report on the functioning of the Swiss Service for the authorities concerned;
E.
Provide the Steering Committee and the Commissioner's Office with the information they need to carry out their respective tasks;
F.
Forward procurement requests to the HCC Office.

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.

Section 4 Commissioner's Office

Art. Tasks

The CCPD Office is the interface between fedpol and the authorities participating in the CCPD for administrative and financial matters.

Chapter 3 Financing

Art. 10 Fees

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:

A.
Staff costs related to federal and cantonal staff seconded in accordance with Art. 11;
B.
The lump sum amount necessary to cover all the allowances of cantonal contributors within the meaning of Art. 12 arising from their duties in the Swiss Services;
C.
Federal staff allowances (s. 13);
D.
The infrastructure and leasing costs of the Swiss Services;
E.
Expenses incurred by employees arising out of their duties in the Swiss Services, expenses related to hospitality gifts and hospitality expenses (invitations to a meal, accommodation costs and expenses related to a Event) relevant to the operation of the CCPD;
F.
Costs related to new acquisitions or acquisitions of replacement of Swiss Services.
Art. 11 Calculation of expenses related to the posting of an employee

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.

Art. 12 Lump sum amount necessary to cover the payment of the allowances of cantonal contributors

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.

Art. 13 Allowances for employees of the Confederation

The payment of allowances to the employees of the Confederation is settled in accordance with the law of the staff of the Confederation.

Art. 14 Financial flows and counting

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.

Art. 15 Financial Management and Budget

Financial management and budgeting are subject to the planning and control requirements of the federal government.

Chapter 4 Personnel

Art. 16 Staff of the Swiss Services

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.

Art. 17 Staff Detachment

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.

Art. 18 Principle of secondment of staff

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:

A.
The staff law of the detachment unit applies to the employee;
B.
The unit responsible for the secondment pays the employee's salary, including allowances;
C.
The Swiss coordinator carries out the stages of the driving cycle (definition of objectives, interviews with the collaborator and personal evaluation) in collaboration with the unit responsible for the posting.
Art. 19 Exceptions to the secondment of personnel

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.

Art. Administration vehicles

1 The administration vehicles belonging to the fedpol fleet are available to each Swiss Service.

2 The use of administration vehicles is regulated in the Directive Ad hoc Of fedpol.

Chapter 5 Acquisitions, Fees and Gifts and Hospitality Expenses

Art. Acquisitions

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.


Art. Fees

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.

Art. Hospitality Expenses and Gifts

Reimbursement of hospitality expenses and gifts (invitations to a meal, accommodation and event expenses) is set out in the directive Ad hoc Of fedpol.

Chapter 6 Differences of opinion

Art. 24

The Parties shall settle any differences of opinion on the implementation of this Convention through dialogue and consensus-building.

Chapter 7 Final provisions

Art. 25 Entry into force

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 RS 360

Art. 26 Duration and Termination

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

Bern, 10 April 2014

On behalf of the Swiss Federal Council:

Conference of Directors and Directors of Cantonal Departments

Justice and Police:

Simonetta Sommaruga,

Federal Councillor

Federal Department Cheffe

Justice and Police

Hans-Jürg Käser,

President


RO 2014 1863



State 1 Er August 2014