Transcript Slide 1

Europol
Police Directorate
International Operational Police
Cooperation Department
INTERPOL EUROPOL SELEC
THURSDAY 12 DECEMBER 2013
Legal framework
• - Law ratifying Strategic Cooperation Agreement between the
Republic of Serbia and European Police Office ("Official
Gazette of the Republic of Serbia" no 38/09),
• - Memorandum of Understanding on Establishing Secure
Communication Link between the Republic of Serbia and
EUROPOL (Strategic Document of the EU (EDOC))
• - Bilateral Agreement between the Republic of Serbia and
EUROPOL for Establishing Mutual Link between Computer
Networks
Legal framework
• In accordance with Article 16 of the Constitution of the
Republic of Serbia, generally accepted guidelines of
international law and ratified international treaties represent
constituent parts of the legal system of the Republic of Serbia
and they are applied directly.
• As a consequence, this provision makes it obligatory for the
already signed international treaties to be ratified through the
procedure of the National Assembly. The time required for the
ratification procedure is about 4 months.
Institutional framework
Competent institutions for combating organised crime to which the Strategic
Agreement applies
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Ministry of Interior
Police Directorate
International Operational Police Cooperation Department ( ILECU)
Division for cooperation with Europol ( ENU )
Criminal Police
Border Police
Ministry of Finance
Department for Combating Money Laundering
Customs Administration
Tax Administration
Comparison of regulations
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Council Decision 2009/371/JHA of 6 April
2009 Establishing the European Police
Office OJ L 121/37, 15.05.2009
Article 8 ( ENU )
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Serbian National Contact Point for cooperation
with Europol was established in 2009 within
International Operational Police Cooperation
Department on the basis of Strategic
Cooperation Agreement and of Rulebook on
Systematization of the Working Posts within the
MOI providing job descriptions and catalogue of
the working posts.
The Division is composed of a Chief of Division
and 8 LE officers ( 3 analysts and 5 police
inspectors with the minimum of three years of
experience) and it is responsible for exchange of
strategic and technical information, expertise,
liaison officers, confidential and classified
information via SIENA
Direct access to national databases of wanted
persons, missing persons, stolen motor vehicles,
stolen documents ( passports, etc.), records of
domestic citizens, convicted persons, criminal
records, fingerprints, photographed offenders ,
vehicle owners, registration of vehicles,
passport applications, photographs from
passports,driving licenses, database of state
border crossings, database of registered
foreigners, etc.
Comparison of regulations
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Article 9 ( liaison officers )
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National focal point managing all
correspondence with foreign bodies. Main
beneficiary is MOI- police service but
other ministries are also included (e.g.,
Customs, Department for the Prevention
of Money Laundering, etc.)
Please see enclosure 1 for total number of
messages exchanged via SIENA, enclosure
2 for all operations within EMPACT
project, and enclosure 3 for all trainings
and seminar organized by EUROPOL
Regular annual meetings at EUROPOL
between the heads of NCP ( strategic and
operational partners of Third Countries )
with EUROPOL officials
Position of a Liasion officer is not provided
within Serbian ENU by Rulebook on
Systematization of the Working Posts
within the MOI providing job descriptions
and catalogue of the working posts.
There is an intention to deploy a LO at
EUROPOL
after
the
Operational
Agreement enters into force
training before secondment according to
Europol Instructions
Comparison of regulations
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Final version of the Operational
Agreement and MOU of
confidentiality between Serbia and
EUROPOL was agreed in April 2013,
in the Hague.
Joint Supervisory Body (JSB) issued a
positive opinion in respect to the
draft agreement on 1 October 2013.
The JSB finds that there are no
obstacles to conclude the operational
agreement from a data protection
perspective.
The MB of EUROPOL agreed to
recommend authorising the Director
to sign the Operational Cooperation
Agreement with Serbia to the Council
( 9 October 2013)
Waiting for the Council to approve
authorizing the Director to sign it, in
accordance with the applicable rules
Comparison regulations
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Article 8 ( Europol may directly
receive personal data and classified
information before the entry into
force of an agreement with a Third
Party)
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Serbian police as a strategic partner
of EUROPOL providing personal data
to Europol via SIENA through Serbian
NCP ( 2011 - ) in cases where it is
invited to participate in operational
meetings in the Hague together with
other MS ( cases of unlawful drug
trafficking,
illegal
immigrants
smuggling,
organised
robbery,
computer crime)
There are five Europol AWF which the
Serbian police has been invited to
participate in on bilateral basis
Future activities
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ratification of the Operational Agreement at the National Assembly
to continue with the transfer of personal data and classified information
staff training activities
take active part as an operational partner in AWF when invited by transmitting
a/m data via SIENA
prosecution of suspects ( OCG ) on the basis of data exchanged between AW Files
of MS and Serbia
training before seconding a LO to Europol
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Take active part at the ENU meetings as an operational third country
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THANK YOU FOR YOUR
ATTENTION!