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Translation 1
(State on 22 July 2011)
Switzerland and Eurojust
(hereinafter referred to as "the Parties"),
Having regard to the Council Decision of 28 February 2002 establishing Eurojust in order to strengthen the fight against serious forms of crime, in particular by. 1, point c, and 3 of art. 27 of the;
Having regard to the opinion of the Joint Supervisory Body of 24 April 2008;
Considering the interests of Switzerland and Eurojust in terms of developing close and dynamic cooperation to meet current and future challenges posed by serious forms of international crime;
In view of the desire to improve judicial cooperation between Switzerland and Eurojust, with a view to facilitating the coordination of investigations and prosecutions in both Switzerland and one or more Member States The European Union;
Whereas the level of protection of personal data in Switzerland is high, and Switzerland has ratified the Council of Europe Convention of 28 January 1981 for the protection of persons with regard to the automatic processing of Personal data 3 , which also plays a fundamental role in the Eurojust; data protection system;
Having regard to the high level of protection of personal data in the European Union, and in particular the processing of personal data in accordance with the Council Decision of 28 February 2002 establishing Eurojust, Eurojust's data protection procedure and other applicable rules;
Considering the fundamental rights and principles of the European Convention for the Protection of Human Rights and Fundamental Freedoms, which are reflected in the Charter of Fundamental Rights of the European Union;
Whereas Switzerland is already closely associated with cooperation in judicial matters and criminal prosecution of the Member States, through the Agreement between the Swiss Confederation, the European Union and the European Community on The association of the Swiss Confederation with the implementation, application and development of the Schengen acquis 4 And the Cooperation Agreement signed between the Swiss Confederation, of the one part, and the European Community and its Member States, of the other part, to combat fraud and any other illegal activities affecting their financial interests 5 ;
Agreed to the following:
For the purposes of this Agreement:
The purpose of this Agreement (referred to in this Agreement) is to strengthen cooperation between Switzerland and Eurojust in the fight against serious forms of international crime.
Switzerland and Eurojust cooperate in the fields of activity defined by Art. 4 of the Eurojust Decision. Co-operation may involve all the tasks of Eurojust listed in Art. 6 and 7 of the Eurojust Decision. Any cooperation shall be governed by the legal requirements in force and shall be within the legal framework of each of the Parties.
2. If the mandate of Eurojust is amended and covers areas of activity or competences in addition to those laid down in subs. 1, Eurojust may, from the date on which the amendment to the mandate of Eurojust enters into force, submit to Switzerland, in writing, a proposal for the extension of the scope of this Agreement in relation to the new mandate. This Agreement shall apply in relation to the new mandate from the date on which Eurojust receives the written acceptance of Switzerland in accordance with its internal procedures.
(3) Nothing in this Agreement shall confer on a private person any right to obtain, delete or exclude any evidence or to prevent the execution of a request; these provisions shall not extend Neither nor shall any other rights contained in the respective requirements of the Parties be limited.
This Agreement shall in no way affect the provisions of bilateral or multilateral instruments governing international judicial cooperation between Switzerland and the Member States, as well as those of the agreements concluded between Switzerland, On the one hand, and the European Union or the European Community and its Member States, of the other part.
1. The competent authority of Switzerland for the implementation of this Agreement shall be the Federal Office for Justice of the Federal Department of Justice and Police.
2. Switzerland shall notify Eurojust in writing of any change in the competent authority within the meaning of this Article. This change shall take effect as from the date on which Switzerland receives the written acceptance of Eurojust.
3. Within the framework of Eurojust, and in accordance with the provisions of Art. 6 and 7 of the Eurojust Decision, the national members concerned and the College shall be competent for the implementation of this Agreement.
1. To facilitate the cooperation provided for in this Agreement, and in accordance with the provisions of Art. 27, para. 3 of the Eurojust Decision, Switzerland may detach a Liaison Prosecutor from Eurojust.
2. The Liaison Prosecutor officially represents Switzerland at Eurojust.
3. The Liaison Prosecutor, his mandate and the duration of his secondment shall be determined by Switzerland in accordance with his national law.
4. The Liaison Prosecutor may be assisted by a person. If this is the case, the wizard can replace it.
5. Switzerland shall inform Eurojust of the nature and extent of the powers of the Liaison Prosecutor in its own territory with a view to carrying out its tasks in accordance with the subject matter of this Agreement. Switzerland gives its Liaison Prosecutor the competence to act in relation to foreign judicial authorities. Eurojust undertakes to recognise and accept the prerogatives thus conferred.
6. The Liaison Prosecutor shall have access to information contained in the national criminal record or in any other Swiss register, as provided for by Swiss law in relation to a prosecutor or an equivalent person.
7. The Liaison Prosecutor may enter directly in relation to the Swiss prosecution authorities.
8. Eurojust shall endeavour to provide adequate liaison facilities, which include the use of office space and telecommunications services, to the extent possible within the framework of the Eurojust restrictions in terms of Infrastructure and budgets. Eurojust may request reimbursement of expenses incurred in connection with the provision of such facilities. This refund may only be claimed for expenses incurred in the three months preceding such request.
9. Eurojust guarantees the inviolability of the Liaison Prosecutor's working documents.
1. The Federal Office of Justice of the Federal Department of Justice and Police is Switzerland's point of contact with Eurojust.
2. For operational purposes, the Swiss cantonal and federal authorities and Eurojust may, within the limits of their powers, enter directly into a relationship. In this case, the competent Swiss authorities shall inform the Federal Office of Justice.
The Parties shall consult regularly, and in any event, at least once a year, concerning the implementation of the provisions of this Agreement. In particular, regular exchanges of views will be held on the implementation and further developments in the field of data protection and data security.
1. The Liaison Prosecutor or his assistant, as well as any other Swiss prosecution authorities, including the point of contact with Eurojust, may participate in operational and strategic meetings, at the invitation of the President Of the College and with the agreement of the national members concerned. The competent Swiss authority may request Eurojust either to take part in a meeting or to convene it.
2. National members and their assistants, the administrative director and the staff of Eurojust may also attend meetings organised by the Liaison Prosecutor or other Swiss prosecuting authorities, including the point Contact with Eurojust.
The Parties may exchange all necessary and relevant information, within the limits of proportionality, in accordance with the purpose and provisions of this Agreement.
2. Information is exchanged:
3. It is by no means prohibited for the parties to agree to use other channels of information exchange in particular cases.
The two parties shall ensure that their respective representatives are authorized to exchange information at appropriate levels and be subject to adequate verification.
1. Switzerland shall inform Eurojust, simultaneously to the transfer of information, or before it, of the purpose in which the information is communicated and any restrictions applicable to their use. This also includes all restrictions on access, restrictions on transmission to the competent authorities of the Member States and conditions for removal and destruction. A notification may also be made at a later stage, if the need for such restrictions appears after the transfer.
2. Eurojust shall not communicate any information provided by Switzerland to any third party State or body without the consent of Switzerland and the appropriate safeguards.
3. Eurojust shall keep a record of the data provided to it by Switzerland under this Agreement.
1. Eurojust shall inform Switzerland, at the same time, of the transfer of information, or before it, of the purpose in which the information is communicated and of any restrictions applicable to their use. This also includes all restrictions on access, restrictions on the transmission of the competent authorities of the Member States and conditions for removal and destruction. A notification may also be made at a later stage, if the need for such restrictions appears after the transfer.
2. Switzerland shall not communicate any information provided by Eurojust to any third party State or body without the consent of the national members concerned and the appropriate safeguards.
3. Switzerland shall keep a record of the data provided to it by Eurojust under this Agreement.
1. Eurojust guarantees a level of protection of personal data submitted by Switzerland at least equivalent to that resulting from the application of the principles of the Council of Europe Convention of 28 January 1981 for protection Persons with regard to the automatic processing of personal data, and subsequent amendments thereto, such as the Additional Protocol of 8 November 2001 to the Convention for the Protection of Persons with regard to Automated processing of personal data relating to supervisory authorities and flows Transborder data 1 .
2. The principles and rules for the protection of data set out in the Eurojust Decision, and in particular Art. 17, as well as the rules of procedure of Eurojust in the field of data protection, shall apply to the protection of personal data communicated by Switzerland.
1. Switzerland guarantees a level of protection of personal data communicated by Eurojust at least equivalent to that resulting from the application of the principles of the above-mentioned Council of Europe Convention, and, as of the date Ratification and entry into force for Switzerland, of the Additional Protocol of 8 November 2001 to the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, concerning the supervisory authorities And cross-border data flows 1 .
2. Switzerland shall apply to the processing and protection of personal data communicated by Eurojust at least equivalent to those laid down in the Eurojust Decision and by Eurojust's Rules of Procedure in relation to Eurojust. Data protection.
1. Eurojust shall ensure that the personal data it receives are protected against any accidental or unlawful destruction, accidental loss, disclosure or modification, unauthorised access or any other form of Treatment not authorized in accordance with the provisions of s. 22 of the Eurojust Decision. The technical measures and organisational arrangements put in place by the Eurojust rules of procedure in the field of data protection or any other relevant document shall apply to information provided by Switzerland.
2. Switzerland shall ensure that personal data received are protected against any accidental or unlawful destruction, accidental loss, or any disclosure or modification, or any unauthorized access, or any other form Non-authorized treatment at a level that is at least equivalent to the principles set out in s. 22 of the Eurojust Decision. Switzerland guarantees technical protection measures and organisational arrangements at least equivalent to those of Eurojust.
The persons concerned have the right to access the personal data concerning them, and to request correction, blocking or deletion. These rights shall be determined in accordance with the applicable law of the party to which the application is made.
1. Upon request from the point of contact with Eurojust or the Liaison Prosecutor, and under its responsibility, Eurojust shall rectify, lock or erase, in accordance with the Eurojust Decision and the Eurojust Rules of Procedure for the Protection of Data, any personal data provided by Switzerland, where they are incorrect or incomplete, or where their introduction or storage is in breach of the provisions of this Agreement. Eurojust confirms to Switzerland the correction, blocking or deletion.
2. When Eurojust finds that personal data transmitted to Switzerland are incorrect or incomplete, or where their introduction or storage is in breach of the provisions of this Agreement or of the Eurojust Decision, it requests At the point of contact with Eurojust or the Liaison Prosecutor to take the necessary measures to correct, lock or erase the data. Switzerland confirms to Eurojust the correction, foreclosure or erasure.
3. In cases referred to in s. 1 and 2, all suppliers and recipients of such data shall be informed without delay. In accordance with the rules that apply to them, recipients rectify, lock or delete these data from their own systems.
4. Switzerland shall apply to the rectification, locking and erasure of personal data communicated by Eurojust principles at least equivalent to those laid down in Art. 20 of the Eurojust Decision and the Eurojust rules of procedure for data protection.
5. When the College considers the processing of data relating to persons under Swiss jurisdiction, in accordance with the provisions of Art. 17, para. 4 of the Eurojust Decision, the Liaison Prosecutor or other Swiss authorities responsible for prosecution, including the point of contact with Eurojust, may take part in the College meeting. The College does not consider the case closed without giving the Liaison Prosecutor or the Swiss competent authority the opportunity to speak in this regard.
Switzerland shall be responsible, in accordance with its national law, for any damage caused to a person as a result of errors of law or fact in relation to data exchanged with Eurojust. Switzerland cannot rely on the fact that Eurojust has transmitted incorrect data in order to discharge its responsibility to an injured person, in accordance with its national law.
2. Without prejudice to the provisions of Art. 24 of the Eurojust Decision, if errors of fact or law arise as a result of data miscommunicated by Eurojust or by one of the Member States of the European Union, a third country or a third party, it shall be the responsibility of Eurojust to reimburse, upon request, the amounts paid as compensation under subs. 1, unless the data have been used in violation of the provisions of this Agreement. The provisions of this paragraph shall also apply if errors of law or fact arise as a result of non-compliance, by Eurojust or by one of the Member States of the European Union, a third country or a third body, of Obligations incumbent upon him.
3. If Eurojust is required to pay to a Member State of the European Union, to another third State or a third body, amounts due as compensation for damages awarded to an injured person, and if the damage is attributable to the Switzerland's failure to comply with its obligations under this Agreement, it is the responsibility of Switzerland to reimburse, upon request, the amounts paid by Eurojust to a Member State, another third State or a third party, to compensate for the amounts paid As compensation.
4. The parties do not require any reimbursement of the damages referred to in s. 2 and 3, to the extent that compensation for damages is subject to punitive damages, plus or other non-compensatory forms of damages.
(1) At the request of either party, the parties shall meet without delay to settle any dispute relating to the interpretation or application of this Agreement, or any matter affecting their mutual relations.
(2) Where a dispute concerning the interpretation or application of this Agreement cannot be resolved, the parties may open negotiations in relation to the point at issue.
1. This Agreement may be denounced by each party on three months' notice.
2. In the event of a denunciation, the parties agree on the continued use and storage of the information exchanged between them before. Failing agreement, each of the two parties has the right to request the deletion of the information it has provided.
(1) This Agreement may be amended by agreement between the Parties at any time in accordance with their legal requirements and their respective internal procedures.
(2) At the request of any of the Parties, the Parties shall initiate consultations in connection with the amendment of this Agreement.
The amendments shall enter into force on the date on which the parties have notified each other, in writing, that the legal requirements to which they are submitted have been complied with.
As soon as the parties have complied with their legal requirements, they shall notify each other, in writing, of the completion of the internal procedures necessary for the entry into force of this Agreement. This Agreement shall enter into force on the day following the last notification.
Done at Brussels, on 27 November 2008, in two copies, in German and English, both texts being equally authentic.
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RO 2011 3669 ; FF 2010 23
1 The original text is published, under the same number, in the German edition of this compendium.
2 RO 2011 3667
3 RS 0.235.1
4 RS 0.362.31
5 RS 0.351.926.81
