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RS 0.362.2 Agreement of 24 September 2004 between the Swiss Confederation and the European Police Office (with annexes)

Original Language Title: RS 0.362.2 Accord du 24 septembre 2004 entre la Confédération suisse et l’Office européen de police (avec annexes)

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0.362.2

Original text

Agreement between the Swiss Confederation and the European Police Office

Convened on 24 September 2004

Approved by the Federal Assembly on October 7, 2005 1

Entered into force by exchange of notes on 1 Er March 2006

(State on 29 June 2011)

Preamble

The Swiss Confederation,

Hereinafter called Switzerland,

And

The European Police Office,

Hereinafter referred to as Europol,

Aware of the urgent problems caused by international organised crime, in particular terrorism, trafficking in human beings and illegal immigration, illicit trafficking in narcotic drugs and other serious forms of crime International crime;

Whereas the Council of the European Union authorised Europol to enter into negotiations on a cooperation agreement with Switzerland on 27 March 2000 and that the Council of the European Union reached the conclusion on 28 May 2001 that nothing Object to the inclusion of the transmission of Europol's personal data to Switzerland in that agreement;

Whereas the Council of the European Union has authorised Europol to approve the following provisions with Switzerland on 19 July 2004,

Agreed to the following:

Title I Definitions

Art. 1

For the purposes of this Agreement:

(a)
"Convention" means the Convention drawn up on the basis of Art. K. 3 of the Treaty on European Union establishing a European Police Office (Europol Convention) 1 ;
(b)
"Personal data" means any information on an identified or identifiable natural person; is considered to be identifiable as a person who can be identified, directly or indirectly, in particular by reference to an identification number or One or more specific elements, specific to its physical, physiological, psychological, economic, cultural or social identity;
(c)
"Processing of personal data" ("processing") , any operation or set of operations carried out or not carried out using automated processes, applied to personal data, such as the collection, registration, organisation, conservation, adaptation or modification, Recovery, consultation, use, communication by means of transmission, dissemination or any other means of access to such data, the connection or association, and the locking, effa-cement or destruction;
(d)
"Information" means personal data or not.

1 OJ C 316, 27.11.1995, p. 1.

Title II Purpose of the Agreement

Art. 2

The objective of this Agreement is to strengthen the cooperation of the Member States of the European Union, acting through Europol, and Switzerland in the fight against any serious form of international crime in the fields referred to in Art. 3 of this Agreement, in particular through the exchange of both strategic and operational information and regular contacts between Europol and Switzerland at all appropriate levels.

Title III Applicability

Art. 3 Areas of crime to which the agreement is applicable

(1) In accordance with the provisions of this Agreement, cooperation shall cover:

(a)
Illicit drug trafficking;
(b)
Trafficking in nuclear and radioactive materials;
(c)
Illegal immigration channels;
(d)
Trafficking in human beings;
(e)
Trafficking in stolen vehicles;
(f)
Crimes committed or likely to be committed in the course of terrorist activities that affect the life, physical integrity, freedom of persons or property;
(g)
Counterfeiting and falsification of means of payment;

As well as money laundering related to these forms of crime or their specific aspects and related offences.

2. The related offences are offences committed in order to obtain the means to carry out the criminal acts referred to in s. 1. Offences committed to facilitate or consume the execution of such acts and offences committed to ensure the impunity of such acts.

If the mandate of Europol is amended in any way, from the date of entry into force of its amended terms of reference, Europol may submit in writing to Switzerland a proposal to extend the scope of this Agreement in relation to the New mandate. In this case, Europol shall inform Switzerland of all relevant matters relating to the modification of the mandate. The agreement will be applicable in relation to the new mandate from the date on which Europol will receive written acceptance by Switzerland in accordance with its internal procedures.

4. The forms of crime referred to in s. 1 points (a) to (e) and (g) are defined in Annex 1 to this Agreement. If a change to the mandate referred to in s. 3 implies the acceptance of a definition of another form of criminality, this definition will also apply where such a form of criminality becomes an integral part of this agreement under s. Europol shall inform Switzerland where appropriate and where the definition of a crime area is extended, amended or supplemented. This new definition will apply to Switzerland from the date on which Europol receives the written notification of acceptance of the definition by Switzerland.

Art. 4 Areas of cooperation

Cooperation may extend-in addition to the exchange of operational information-to all other Europol missions as provided for in the Convention, in particular the exchange of specialised knowledge, strategic information, reports General information on the state of the criminal situation, information on investigation procedures, information on methods of crime prevention, participation in training activities and advice and Assistance with individual investigations.

Title IV General Procedures

Art. 5 National Contact Point

Switzerland shall designate the Federal Police Office as the national contact point between Europol and the other competent authorities of Switzerland.

2. High-level meetings between Europol and the police authorities of Switzerland shall be held at least once a year and, where necessary, to consider matters relating to this Agreement and to cooperation in general.

3. A representative of the Federal Police Office may be invited to participate in the meetings of the heads of national units of Europol.

Art. 6 Competent Authorities

Annex 2 to this agreement contains a list of law enforcement authorities in Switzerland, under national law, for the prevention of offences covered by s. 3, para. 1, and the fight against them. Switzerland will inform Europol of any changes to this list within three months after the change has taken effect, and will also keep Europol informed of all other competent authorities to which data have been given. Communicated, in accordance with this Agreement.

2. Through the Federal Police Office, Switzerland shall provide Europol, at its request, with all information concerning the internal organisation, the tasks and the data protection regime of the authorities referred to in this Article.

Title V Exchange of information

Art. 7 General provisions

The exchange of information between Switzerland and Europol shall take place solely for the purposes and in accordance with the provisions of this Agreement.

2. The exchange of information described in this Agreement shall take place between the Federal Police Office and Europol. Switzerland must ensure that the Federal Police Office is available at any time and that it exists, as referred to in Art. 6, para. 1, a direct link between the Federal Police Office and the competent authorities, including the bodies responsible for international police cooperation.

3. Europol shall provide Switzerland only with information which has been collected, stored and transmitted in accordance with the relevant provisions of the Convention and its implementing rules.

4. Switzerland shall provide Europol only with information which has been collected, stored and transmitted in accordance with its national law. In this context, Europol is obliged to respect the rule of law. 4, para. 4 of the Council Act of 3 November 1998 laying down rules on the receipt of information by Europol 1 .

5. Any individual shall have the right to have access to the data concerning him or her transmitted under this Agreement or to have the data checked, in accordance with the applicable provisions of the Convention or the Swiss national law. In the event that this right is exercised, the party that transmits the data will be consulted before any final decision is taken.


1 OJ C 26, 30.1.1999, p. 17.

Art. 8 Provision of information by Switzerland

1. Switzerland shall notify Europol, at the time of the provision of information or before, the purpose for which the information is provided and any restrictions on their use, erasure or destruction, including, where appropriate, the Restrictions on access in general or specific terms. When the need to establish such restrictions becomes apparent after the provision of information, Switzerland may also inform Europol of these restrictions in a later phase.

2. After receipt, Europol shall determine, as soon as possible, and to the maximum within six months from the date of receipt, whether, and to what extent, the personal data provided may be included in the files of the Europol data, in accordance with the objective according to which they were provided by Switzerland. Europol will inform Switzerland as soon as possible of any decision not to include data. Personal data which have been transmitted will be erased, destroyed or returned from the moment they are not or are no longer of no use to Europol in order to carry out its tasks or if no decision has been taken in respect of Concerns their inclusion in a Europol data file within six months of receiving them.

Europol shall ensure that the personal data referred to in s. 2 may be accessible, until their integration in a Europol file, by a Europol official duly authorised to consult them, in order to determine whether or not this data should be included in a Europol data file. If, at the end of an evaluation, Europol has reason to believe that the data provided is not accurate or is no longer relevant, it shall inform Switzerland accordingly. Switzerland must carry out an audit of this data and inform Europol of its result.

Art. Provision of personal data by Europol

1. Where personal data are transmitted at the request of Switzerland, they shall be used for the sole purpose mentioned in the application. Where personal data are transmitted without specific request, the reason for which the data have been transmitted must be indicated, at the time of transmission or before, and any restrictions on their use, Erasure or destruction, including possible access restrictions, in general or under specific conditions. When the need to establish such restrictions becomes apparent after the provision of information, Europol may also inform Switzerland of these restrictions in a later phase.

2. Switzerland shall comply with the following conditions for the transmission of personal data by Europol to Switzerland:

(a)
After receipt, Switzerland shall determine as soon as possible whether, and to what extent, the data provided is necessary for the purposes for which it was provided;
(b)
The data will not be communicated by Switzerland to third countries or bodies;
(c)
The data will only be provided to the Federal Police Office;
(d)
The subsequent transmission of data by the first recipient shall be limited to the authorities referred to in Art. 6 and takes place under the same conditions as those applicable to the initial transmission;
(e)
The ad hoc supply of data must be necessary for the prevention of offences referred to in Art. 3 or the fight against;
(f)
If the data have been communicated to Europol by a Member State of the European Union, they may be transmitted only with the agreement of that Member State;
(g)
Any conditions relating to the use of data specified by Europol must be complied with; if the data have been communicated to Europol by a Member State of the European Union and that State has set conditions of use relating to these Data, these must be respected;
(h)
Where the data are supplied on request, the request for information must specify the purpose and reason for the request;
(i)
The data may only be used for the purposes for which they have been communicated; this provision does not apply to the communication of data required in the context of a European investigation;
(j)
The data will be corrected and erased by Switzerland if it is shown that they are incorrect, inaccurate or that they are no longer relevant or should not have been transmitted;
(k)
The data will be erased when it is no longer necessary for the purposes for which it was transmitted.

Switzerland must ensure that technical and organisational measures are adopted to protect data received from Europol by ensuring a level of data security equivalent to the level resulting from the application of s. 25 of the Convention.

4. Personal data revealing racial origin, political opinions, religious convictions or other convictions, as well as those relating to the health or sex life referred to in Art. 6 of the Council of Europe Convention of 28 January 1981 1 Are provided only in absolutely necessary cases and in addition to other information.

5. No personal data will be provided if the appropriate level of data protection is no longer guaranteed.

6. When Europol finds that the personal data transmitted are inaccurate, are no longer relevant or should not have been transmitted, it shall inform the Federal Office of the Police immediately. Europol asks the Federal Police Office to confirm that the data will be corrected or deleted.

7. Europol shall keep a record of all data communications made under this Article and the grounds for such communications.

8. Personal data transmitted by Europol shall not be kept for more than three years, in total. The delay starts again each time when an event occurs that causes the data to be stored.


Title VI Common provisions on the processing of information

Art. 10 Assessment of source and information

Where information is provided by Europol in accordance with this Agreement, the source shall be indicated as far as possible on the basis of the following criteria:

A.
There is no doubt as to the authenticity, reliability and competence of the source, or the information comes from a source which in the past has proved to be reliable in all cases;
B.
The source of information has proven to be reliable in most cases;
C.
The source of information has proven to be unreliable in most cases;
D.
The reliability of the source cannot be evaluated.

2. Where information is provided by Europol in accordance with this Agreement, their reliability shall be indicated to the extent possible on the basis of the following criteria:

1)
No doubt as to the accuracy of the information;
2)
The source has had direct knowledge of the information but the agent who transmits them has not had direct knowledge of the information;
3)
The source did not have direct knowledge of the information, but it is corroborated by other information already recorded;
4)
The source has not had direct knowledge of the information and these cannot be corroborated in any way.

When providing information in accordance with this Agreement, Switzerland shall indicate, to the extent possible, the source of the information and its reliability on the basis of the criteria referred to in par. 1 and 2 of this article.

4. If, on the basis of information already in its possession, Switzerland or Europol concludes that it is necessary to correct the assessment of the information provided by the other party, it shall inform the other party and shall try to agree with it Changes to be made to the evaluation. Neither Switzerland nor Europol alters the assessment of the information received without this agreement.

5. If Europol receives data or information not accompanied by an evaluation from Switzerland, Europol shall endeavour, as far as possible, to assess the reliability of the source or information on the basis of information already in its possession.

6. Switzerland and Europol may agree in general terms on the evaluation of certain types of data and of certain sources which are contained in a Memorandum of Understanding between Switzerland and Europol. Such general agreements must be approved by the Swiss Federal Council and the Europol Management Board. If data have been provided to Europol on the basis of a general agreement of this kind, this is the subject of a statement attached to the data.

If no reliable evaluation can be carried out, or in the absence of an agreement in general terms, Europol will assess the information according to the provisions of par. 1, point D and paragraph 1. 2, para. 4, above.

Art. 11 Correction and deletion of data provided by Switzerland

Where the information transmitted to Europol is corrected or erased, the Federal Police Office shall inform Europol accordingly. Where it has reason to believe that the information provided is not accurate or is no longer relevant, the Federal Police Office shall also inform Europol as far as possible.

2. When the Federal Police Office informs Europol that it has rectified or erased the information transmitted to Europol, it corrects or erases the information accordingly. Europol may decide not to erase the information if, on the basis of more complete information than the information in its possession, it must continue processing this information. Europol shall inform the Federal Office of the Police of the maintenance of this information in the files.

If, at the end of an evaluation, Europol has reason to believe that the data provided is not accurate or is no longer relevant, it shall inform the Federal Police Office. The Federal Police Office must carry out an audit of these data and inform Europol of its outcome. In the event that the information is corrected or deleted by Europol in accordance with Art. 20, para. 1, and art. 22 of the Convention, Europol must inform the Federal Police Office.

Art. 12 Confidentiality of Europol information

1. All information processed by or through Europol, with the exception of information specifically marked or readily identifiable as accessible to the public, shall be subject to a minimum level of security within the Different bodies of Europol as well as in the Member States. For information subject to a minimum security level only, it is not necessary to indicate a Europol security level, but they must be designated as Europol information.

2. Switzerland shall ensure that the minimum level of protection referred to in par. 1 shall be ensured for all information provided by Europol, by a whole series of measures in accordance with national legislation and regulations, including the obligation to reserve and confidentiality, the restriction of access to Information to authorised persons, information protection requirements for personal data and general technical and procedural measures to safeguard the security of information.

3. Information requiring additional security measures shall be accompanied by a Europol security level, which is indicated by a special marking. The information shall be subject to such a level of security only in the event of strict necessity and for the necessary duration.

4. Europol safety levels shall be designated as 'Europol level 1 to 3' and correspond to a set of specific security measures applied within Europol's various bodies. Security sets provide levels of protection which differ according to the content of the information and take into account the possible negative consequences for the interests of the Member States or Europol of non-compliance. Authorised the information, their dissemination or their use.

5. Switzerland has taken note of the Regulation on confidentiality and its implementing rules 1 And undertakes to ensure, in its territory, for all information provided to it by Europol marked "Europol level 1 to 3", a level of protection equivalent to that specified for these levels in the Regulation on the Confidentiality and the manner in which it is implemented. If necessary, Europol shall inform Switzerland of the protective measures associated with Europol's security levels and safety measures.

6. Switzerland ensures that national provisions on the protection of information with a level of security constitute an appropriate basis for processing information transmitted in accordance with this Agreement, according to a level of Protection equivalent to that provided for in the Confidentiality Regulations and the terms and conditions of the Regulations.

7. The Federal Office of the Police must ensure that authorisations for access to information with a level of security and their protection measures are also respected by other authorities who may receive Information in accordance with this Agreement.


1 OJ C 26, 30.1.1999, p. 10.

Art. 13 Confidentiality of information provided by Switzerland

1. The Federal Police Office is responsible for choosing the appropriate level of security, in accordance with Art. 12 on the information provided to Europol. As provided for in art. 12, para. 4, the Federal Office of the Police must, if necessary, mark the information of a Europol security level before forwarding it to Europol.

2. By choosing the level of security, the Federal Police Office will take account of the classification of information according to its national rules and the operational flexibility necessary for the proper functioning of Europol.

If, on the basis of the information already in its possession, Europol concludes that the choice of level of security has to be changed, it will inform the Federal Police Office and try to agree on a more appropriate level of safety. In the absence of such an agreement, Europol will neither determine nor change a level of security.

4. The Federal Police Office may at any time request a change to the level of security chosen, including a possible deletion of this level. Europol is obliged to change the level of security in accordance with the wishes of the Federal Police Office. The Federal Police Office will request, as soon as circumstances permit, that the level of security be reduced or eliminated.

5. The Federal Police Office may indicate the period during which the choice of the level of safety is applicable and any possible modification of the level of safety after that period.

Where information, the level of which is amended in accordance with this Article, has been provided to one or more Member States of the European Union, Europol shall, at the request of the Federal Police Office, inform the Addressees of the security level change.

Title VII Liaison Officers

Art. 14 Liaison officers representing Switzerland to Europol

In accordance with the provisions of this Agreement, Switzerland and Europol agree to strengthen their cooperation by seconding (one or more) liaison officer (s) representing Switzerland to Europol. The duties, rights and obligations of liaison officers, as well as details concerning their secondment to Europol and the associated costs, are set out in Annex 3.

In its premises and at its own expense, Europol shall make available to liaison officers all necessary facilities, such as offices and telecommunications equipment. The costs of telecommunications are, however, borne by Switzerland.

The archives of the liaison officer may not be violated in any way by Europol officials. These records contain all records, correspondence, documents, manuscripts, computer files, photographs, films and recordings belonging to or held by the liaison officer.

4. Switzerland must ensure that its liaison officers receive rapid and, if technically possible, direct access to the national databases necessary for them to carry out their duties at the time of their posting To Europol.

Art. 15 Europol Liaison Officers in Switzerland

1. Where appropriate, with a view to further strengthening of cooperation, in accordance with the provisions of this Agreement, Switzerland and Europol agree that one or more liaison officers may be seconded to the Federal Office of The police. The secondment of a Europol liaison officer (s) to the Federal Police Office may be agreed at any time by an exchange of notes between the Swiss Federal Council and Europol. The duties, rights and obligations of Europol liaison officers as well as details concerning their secondment to the Federal Police Office and the associated costs shall be specified in a liaison agreement.

2. In its premises and at its own expense, the Federal Police Office provides liaison officers with all necessary facilities, such as offices and telecommunications equipment. However, the costs of telecommunications are borne by Europol.

3. The assets and assets of the Europol liaison officer, wherever they are located and whatever the holder thereof, may not be searched, requisition, confiscation, expropriation or any other form of Executive, administrative, judicial or legislative constraint.

4. Switzerland shall allow the liaison officer to communicate freely for all official purposes and shall protect the right conferred on the liaison officer in that field. The liaison officer shall be entitled to use codes and to send or receive official correspondence as well as other official communications by mail or in sealed bags, which enjoy the same privileges and immunities as those Granted to diplomatic couriers and bags.

5. The archives of the liaison officer shall be inviolable. These records contain all records, correspondence, documents, manuscripts, computer files, photographs, films and recordings belonging to or held by the liaison officer.

6. On the territory of Switzerland, the Europol liaison officer shall enjoy the same privileges and immunities as those granted to any Swiss liaison officer seconded to Europol.

Title VIII Final clauses

Art. 16 Liability

Switzerland shall be liable, in accordance with its national law, for any damage caused to a person resulting from data vitiated by errors of law or fact, exchanged with Europol. Switzerland cannot rely on the fact that Europol has transmitted incorrect data in order to discharge its responsibility to an injured person, in accordance with its national law.

2. If these errors of law or fact result from the miscommunication of data or failure to fulfil its obligations on the part of Europol, a Member State of the European Union, another third State or a third body, Europol shall Repay on request amounts paid in respect of the compensation referred to in subs. 1 above, unless this data has been used in violation of this Agreement.

3. In the event that Europol is obliged to pay to the Member States of the European Union, another third State or a third body amounts due as compensation for damages awarded to an injured party and the damage has been caused by the Switzerland due to a breach of its obligations laid down in this Agreement, Switzerland shall reimburse, on request, the amounts paid by Europol to a Member State, another third State or a third body to compensate for the amounts paid to it. Compensation title.

4. Switzerland and Europol may not require any reimbursement of the damages referred to in s. 2 and 3 above, if compensation for damages was awarded for punitive damages, plus or other non-compacted forms of damages.

Art. 17 Dispute Settlement

1. Any dispute between Switzerland and Europol concerning the interpretation or application of this Agreement, or any matter relating to the relationship between Switzerland and Europol, which cannot be settled amicably, shall, at the request of one or The other of the parties, be submitted for final decision to a tribunal composed of three arbitrators. Each party must appoint an arbitrator. The third arbitrator, who is to preside over the tribunal, is appointed by the first two arbitrators.

(2) If one of the parties fails to appoint an arbitrator within two months of the request of the other party, the latter may apply to the President of the International Court of Justice or, in his absence, to its Vice-President, to designate An arbitrator.

(3) If the first two arbitrators fail to reach agreement on the choice of the third arbitrator, within two months of their appointment, each party may apply to the President of the International Court of Justice, or in his absence, to his or her Vice-President, to designate one.

(4) Except in the case of a specific agreement between the parties, the Court shall determine its own procedure. The languages of the arbitration shall be German, French, Italian or English.

5. The court shall take its decisions by a majority of the votes. In the event of a tie, the President shall have a casting vote. The court's decision is final and binding on the parties to the dispute.

6. Each Party reserves the right to suspend its obligations under this Agreement where the procedure provided for in this Article is, or may be, applied in accordance with par. 1, or in any other case where a Party considers that the other Party has failed to fulfil its obligations under this Agreement.

Art. 18 Denunciation of the Agreement

1. Each Party may denounce this Agreement subject to six months' notice.

2. In the event of denunciation, Switzerland and Europol must agree on the continuation of the use and maintenance in the files of the information which they have communicated to each other. If they do not reach an agreement, each party has the right to claim to the other party that the information it has communicated is destroyed.

Art. 19 Amendments

Either Party, Switzerland or Europol may propose to the other Party to amend this Agreement. Any amendment to this Agreement shall enter into force only when the respective internal procedures have been completed.

Art. Annexes

The annexes are an integral part of the agreement. Annex 2 may be amended by an exchange of notes between the Swiss Federal Department of Justice and Police and Europol.

Art. Entry into force

This Agreement shall enter into force on the day on which each Party has notified the other party in writing and through diplomatic channels, that it has been satisfied with its internal procedures.

Done at Berne, on this twenty-fourth day of September of the year two thousand four, in duplicate in the English and French languages, each text being authentic.

Annex I

Definition of forms of crime as provided for in art. 3 para. 4 of the agreement between the Swiss Confederation and Europol

With regard to the forms of crime listed in Art. 3, para. 1 of the cooperation agreement between Switzerland and Europol for the purposes of this Agreement:

-
"Illicit trafficking in narcotic drugs" means the offences listed in Art. 3, para. 1, of the United Nations Convention of 20 December 1988 on the Illicit Traffic in Narcotic Drugs and Psychotropic Substances 1 As well as in the provisions amending or replacing this Convention;
-
"Criminality related to nuclear and radioactive materials" means the offences listed in s. 7, para. 1 of the Convention on the Physical Protection of Nuclear Material 2 , signed in Vienna and New York on 3 March 1980, and concerning the nuclear and/or radioactive materials defined respectively in Art. 197 of the Euratom Treaty and in Directive 80/836 Euratom of 15 July 1980;
-
"Clandestine immigration stream" means actions aimed at deliberately facilitating, for profit, entry, residence or employment in the territory of the Member States of the European Union and in Switzerland, contrary to regulations and The conditions applicable in their territories;
-
"Trafficking in human beings" means subjecting a person to the actual and illegal power of other persons by using violence or threats or by abusing a report of authority or manoeuvring, in particular to engage in the exploitation of the Prostitution of others, forms of sexual exploitation and abuse of minors or trade related to the abandonment of children; these forms of exploitation also include the activities of production, sale or distribution of Child pornography;
-
"Trafficking in stolen vehicles", theft or hijacking of automobiles, trucks, semi-trailers, cargoes of trucks or semi-trailers, buses, motorcycles, caravans, agricultural vehicles, field vehicles, and spare parts Of vehicles and the recel of such objects;
-
"Forgery and falsification of means of payment" means the acts defined in Art. 3 of the Geneva Convention of 20 April 1929 for the suppression of counterfeiting 3 , which applies to both cash and other means of payment;
-
"Illicit money-laundering activities" means the offences listed in s. 6, para. 1-3 of the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime 4 , signed in Strasbourg on 8 November 1990.


Status June 29, 2011

Annex II 1

As mentioned in art. 6 of the agreement between the Swiss Confederation and Europol

The competent authorities

The authorities in Switzerland, under national law, for the prevention of offences covered by s. 3, para. 1, of the agreement between Switzerland and Europol, and the fight against them, are:

-
The police, prosecution and foreign authorities of the Confederation;
-
The police, prosecution and foreigners of the Cantons;
-
The Swiss customs administration;
-
Administrative units 2 The Confederation Intelligence Service (SRC) responsible for the tasks previously assigned to the Analysis and Prevention Service (SAP).

1 Updated according to the exchange of letters of 27 April and 29 June 2011, in force since 29 June 2011 ( RO 2012 407 ).
2 Domestic Operations (NDBB-I), Area of Management Analysis (NDBA), Coordination and Situation Area (NDBS), Foreign Service including COI MELANI (NDBI).


Status June 29, 2011

Annex III

Liaison agreement as referred to in s. 14 of the agreement between the Swiss Confederation and Europol

Art. 1 Liaison Officer's Duties

The liaison officer's mission is to support and coordinate cooperation between Switzerland and Europol. The liaison officer shall be responsible, in particular, for facilitating contacts between Switzerland and Europol and for promoting exchanges of information.

Art. 2 Liaison Officer Status

1. The liaison officer shall be regarded as an official representative of Switzerland to Europol. Europol shall facilitate the stay of the liaison officer in the Netherlands, to the extent of its possibilities, and shall cooperate, in particular, with the Netherlands authorities concerned in matters of privileges and immunities, as long as necessary.

2. The liaison officer shall be a representative of the competent services in Switzerland with regard to the prevention and punishment of offences within the meaning of this Agreement.

Art. 3 Working methods

1. Any exchange of information between Europol and the liaison officer may be made only in accordance with the provisions of this Agreement.

2. During an exchange of information, the liaison officer shall normally communicate directly with Europol through the representatives designated for that purpose by Europol. It does not have direct access to Europol data files.

Art. 4 Confidentiality

Switzerland shall ensure that the liaison officer is subject to a security check at the appropriate national level for the liaison officer to be able to process the information provided by or through Europol, which must be kept Particularly secret, in accordance with art. 12 of this Agreement.

2. Europol shall assist the liaison officer in providing for the resources necessary to fulfil its obligations to protect the confidentiality of information exchanged with Europol.

Art. 5 Administrative matters

The liaison officer shall respect the rules of procedure of Europol, without prejudice to its national legislation. As part of the exercise of its functions, it is required to comply with its own national legislation on data protection.

2. The liaison officer shall inform Europol of his working hours and details of his contact points in the event of an emergency. It shall also inform Europol of any prolonged stay outside the Europol headquarters.

Art. 6 Responsibility and Conflict

Switzerland shall be liable for any damage caused by the Europol Property Liaison Officer. The damage will be immediately reimbursed by Switzerland on the basis of a duly justified request from Europol. In case of disagreement concerning a refund, s. 17 of the agreement can be applied.

2. In the event of a conflict between Switzerland and Europol, or between the liaison officer and Europol, the Director of Europol shall be authorised to prohibit access to the Europol building to the liaison officer, or to allow such access only under conditions or conditions Special reserves.

3. In the event of a serious conflict between Europol and the liaison officer, the Director of Europol shall be authorised to apply to the Swiss authorities for his replacement.



RO 2006 1019 ; FF 2005 895



Status June 29, 2011