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International Law Enforcement Coordination Unit. Police Directorate International Operational Police Cooperation Department INTERPOL EUROPOL SELEC THURSDAY 12 DECEMBER 2013. Legal framework. - PowerPoint PPT Presentation
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International Law Enforcement Coordination Unit
Police DirectorateInternational Operational Police
Cooperation DepartmentINTERPOL EUROPOL SELEC
THURSDAY 12 DECEMBER 2013
Legal framework
• The Agreement on the Establishment of the Joint Body for the Development of International Cooperation in Combating Crime (hereinafter the Joint Body) was signed on 10.09.2010 by the Ministers of the Ministries of the Interior, Justice and Finance. This Agreement defines the competence and the composition of the Joint Body. Apart from the aforementioned, this Agreement stipulates that the Joint Body shall be also competent for communication and the exchange of information with the following international institutions: Interpol, Europol, Frontex, Olaf, Sirene Bureau SECI-SELEC, as well as with the Liaison Officers in the area of international police cooperation and the police forces of other countries.
• This Agreement foresees that the expert, technical and administrative tasks of the Joint Body shall be performed by the International Operational Police Cooperation Department of the Police Directorate of the Ministry of the Interior of the Republic of Serbia.
•
Legal framework• Article 64 of the Law on State Administration stipulates that state authorities shall
establish joint bodies in order to execute tasks whose nature requires participation and cooperation of several state administration authorities. Establishment and work of these bodies shall be prescribed in detail by the regulation of the Government.
• Based on Article 9 of the Agreement on the Establishment of the Joint Body for the Development of the International Cooperation in Combating Crime, concluded in Belgrade on 07.09.2010, between the Ministry of the Interior, the Ministry of Justice and the Ministry of Finance, the Minister of the Interior brought in the Instructions on the Work of the Joint Body for the Development of the International Cooperation in Combating Crime.
Legal framework• The new International Operational Police Cooperation Department was
systematized on the basis of The Rule Book on the Amendments to the Rule Book on Internal Structure and the Systematization of Work Posts within the Ministry of the Interior of the Republic of Serbia of 08.09.2010. This Department is an independent structural unit within the Police Directorate.
• Law on Criminal Proceedings, Law on Police, Criminal law, etc.• signed cooperation agreements between Serbia and international law
enforcement institutions:The Convention on Establishing of the Southeast European Law Enforcement Centre - SELEC Statute of INTERPOL (International Criminal Police Organization)
Law ratifying Strategic Cooperation Agreement between the Republic of Serbia andEuropean Police Office ("Official Gazette of the Republic of Serbia" no 38/09)
Other international bilateral and multilateral agreements( please see enclosure 1)
Legal Framework• ILECUs (International Law Enforcement Coordination Units) is a regional project of
the European Union on the establishment оf national units for coordination of international law enforcement cooperation for the Western Balkan countries, Albania, Bosnia and Herzegovina, Croatia, Montenegro, Serbia and the Former Yugoslav Republic of Macedonia. Through this Project, all member countries of the aforementioned region shall work jointly on combating all forms of organized crime, namely, through efficient procedures, good organization and through presentation of high-quality international standards.
• The core of the Project is the establishment of national coordination units for international law enforcement cooperation in the way which means that there is one centre, i.e. Unit in each country which cooperates with the international organizations such as Interpol, Europol, Eurojust, Frontex, SECI Center (SELEC), OLAF, SIS (Schengen Information System) and SIRENE, liaison officers (national and foreign).
• The ILECUs Project has been started and financed by the European Union from the CARDS funds for 2005. The budget allocated for the implementation of this Project is up to 2,000,000 euro.
• Plese see enclosure MoU of ILECU
Internal organizational structure of the ILECU (nucleus)
International Operational Police Cooperation Department is the nucleus of the ILECU and it comprises the following divisions: Division for Cooperation with Interpol; Division for Cooperation with Europol; Division for Coordination of Other Forms of International Cooperation (SIRENE in plan); Division for Information Management (24/7 duty service).
Criminal Investigations
Unit
Fugitive Unit
Division for Interpol
Division for Europol
Division forInformation
Management
International OperationalPolice Cooperation Department
Division for Coordination ofOther Forms of International
Cooperation
CommunicationUnit
Data ProcessingUnit
Position among other national law enforcement partners
SELECplanned
INTERPOL
EUROPOL
NATIONAL UNIT
Ministry of J us tice
District, Primary and Special CourtsMOI
District Po lice Units
Border Po lice
Unifo rmed po lice
Traffic po lice
Administrative matters
Organized Crime Department
Forensics Department
Min istry o f Finance
Customs
Financial Po lice
TAX Police
Anti money laundering agency
Ministry of health
National bank
Ministry of foreign
affairs
SIRENE
OTHERBILATERAL ANDMULTILATERAL CO-OPERATION
TRACK RECORDS 2011 2012 01.10.2013
I CO-OPERATION WITH INTERPOL ( see instructions when using INTERPOL database )
1 Total number of the messages exchanged with the NCBs of foreign countries via INTERPOL channels 53711 49303 35207
2 Number of ILORs (national and foreign ) sent via INTERPOL channels 384 470 290
Ia Regional co-operation via INTERPOL channels
1а Number of the messages exchanged with Hungary 1492 1375 988
1b Number of the messages exchanged with Romania 1169 1019 679
1c Number of the messages exchanged with Bulgaria 1086 1073 748
1d Number of the messages exchanged with FYROM 1715 1489 1125
1e Number of the messages exchanged with Albania 675 539 289
1f Number of the messages exchanged with Montenegro 3445 3167 1889
1g Number of the messages exchanged with Croatia 3052 2815 2103
1h Number of the messages exchanged with Bosnia and Herzegovina 3088 3320 2155
1i Number of the messages exchanged with Slovenia 2453 2306 1908
Ib Co-operation with EU countries via INTERPOL channels
3 Total number of the messages exchanged with EU countries (see the table) 31826 29385 21797
II CO-OPERATION WITH SELEC
4 Number of the messages exchanged via SELEC channels through the liaison officers of the Serbian MOI 361 412 100
TRACK RECORDS III PARTICIPATION IN THE INTERPOL ASF DATABASE BY INSERTING, DELETING AND UPDATING DATA
5 Number of checks on passenger motor vehicles through the ASF database conducted on the occasion of the first request for registration 155746 203226 124606
6 Number of recorded vehicles, reason for the search: subject of criminal offences (lost, stolen vehicles) 3370 2765 2119
7 Number of stolen, lost travel documents inserted in the INTERPOL ASF database 8633 7254 6453
8 Number of international notices issued by NCB of INTERPOL Belgrade, inserted in the INTERPOL ASF database 350 277 149
9 Number of international notices inserted in the national searches database issued by NCBs of foreign countries 4511 3794 4347
10 Number of cancelled international notices in the national searches database issued by NCBs of foreign countries 4016 3340 1995
IV ARRESTS
11 Arrests of Serbian nationals abroad based on international notices issued at the request of NCB of INTERPOL Belgrade 114 140 40
12 Arrests of foreign nationals in the Republic of Serbia based on international notices issued at the request of NCBs of foreign countries 87 88 61
V EXTRADITIONS
13 Extraditions of Serbian nationals from foreign countries to Serbia 86 66 60
14 Extraditions of foreign nationals from the Republic of Serbia to foreign countries 57 35 45
VI ESTABLISHING IDENTITIES BASED ON FINGERPRINTS
15 Number of checks conducted through the AFIS database 1916 2556 1721
16 Number of established identities 879 1163 923
TRACK RECORDSTotal number of the messages exchanged with the NCBs of EU member countries
via INTERPOL channels
2011 2012 01.01 – 01.10.2013
Austria 3814 3891 3501
Belgium 1061 995 752
Bulgaria 1086 1073 748
Greece 554 483 337
Denmark 591 440 268
Estonia 338 245 180
Ireland 383 280 183
Italy 2637 2789 1581
Cyprus 369 303 211
Latvia 357 256 198
Lithuania 409 280 182
Luxembourg 405 347 268
Hungary 1492 1375 988
Malta 408 314 209
Germany 3606 3556 2871
Poland 520 418 300
Portugal 394 267 240
TRACK RECORDS
Romania 1169 1019 679
Slovakia 723 601 386
Slovenia 2453 2306 1908
UK 709 775 558
Finland 359 259 168
France 1581 1405 1013
Croatia 3052 2815 2013
Holland 762 678 455
Czech Republic 873 645 488
Sweden 1051 991 698
Spain 670 579 414
Total 31826 29385 21797
I247 Siena
MOI and other
national bodies
IntranetDispatch letters
SELECDISPATCH LETTERS
From Abroad
PRINTING
Check in files database
translation
Creating of a new file
Entering of new data in the files database
Selection of the case officer
Is translation necessary?
Does the file already exist?
YES
NO
YES
AR
CH
IVE
Linking up with existing file
Is there any data relevant for the files database?
Taking the file over by the case officer
NOEntering of new data in
the files database
Internal checks
Are additional information needed?
Are external checks needed?
NO
YES
Writing of the reply
WAITING FOR THE REPLY
Is translation necessary?
translation
Is reply necessary?
NO
YES
YES
NO
NO
YESNO
YES
Data protection • National data protection regulations ensure a level of data protection in line with
the Council of Europe Convention 108/1981 and they have been implemented and reflected in internal business procedures of ILECU
• We ratified the Additional Protocol (ETS 181) as well as the amendment to the Convention. New Law on Personal Data Protection was adopted and came in force on 1 January 2009 and it is in compliance with Directive 95/46 EC.
• Other international agreements the regulations of which establish the rules relating to personal data protection within police sector are applied ( see enclosure 1)
• ILECU is complying with the following Principles:• Lawfulness of processing: The ILECU only processes data in accordance with the
applicable national and international legislation and its implementing regulations; and it only processes data which have been collected legally.
• Purpose of processing: The ILECU only processes data for specific, explicit and legitimate purposes.
• Purpose of transmission: Data are only transmitted by the ILECU if this is necessary in individual cases for the purpose of preventing or combating criminal offences
• Quality of data: The ILECU processes data if they are accurate and, where necessary, kept up to date.
Data protection• Proportionality: The data are adequate, relevant and not excessive in relation to the
purpose for which they are collected, transferred or processed further.• Time limits: Data processed for any purpose or purposes are not kept longer than it is
necessary for that purpose or purposes.• Data security: The ILECU should implement technical and organizational security
measures that are appropriate to the risks presented by the processing of data (Yes- during the implementation phase).
• Supervisory authority: The ILECU is subject to regular review and supervision from the competent national data protection authority.
• Staff members of the ILECU are provided with training on data protection regulations and their practical application( ongoing process).
• ILECU have adopted rules on physical security in accordance with the national law and binding requirements of the international cooperation partners. (N.B. Rules on protection have been adopted and it is necessary to raise the level of security in the restricted area).
• ILECU have adopted rules on ICT security in accordance with the national law and binding requirements of the international cooperation partners (N.B. International Operational Police Cooperation Department has its internal network which is protected and secured. Furthermore, the MOI Intranet network is internal and there are elaborated systems of protection).
Measures: Normative harmonisation • Serbia has identified the main challenges in the implementation of the Acquis
Communautaire on police cooperation. There is partial alignment. • Special attention and capacities will be focused on the implementation of the
Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (Prüm Decision) and the Framework Decision 2006/960/JHA on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union (Swedish Initiative).
• The need for setting up a SIRENE bureau within the International Operational Police Cooperation Department for the purpose of information exchange and the statistics with a view to meeting the commitment to exchange information with other Member States 24/7 has also been identified.
• Comprehensive analysis of needs with regard to legal, technical, staff and infrastructure requirements and their costs with a view to harmonization with the relevant parts of the Schengen acquis until the accession to the EU as well as with a view to the admission to Schengen.
• The conclusion of the Agreement on Operational Cooperation with Europol is expected to take place soon.
Measures: Strengthening the institutional and administrative framework
• The analysis of the current state with regard to the necessary resources for efficient international police cooperation:
Equipment (computer and communication equipment)Human resources (analysis of needs for increasing the number of employees,
analysis of needs for trainings)Training of officers in international police cooperation in relation to: Use of Europol databases Introduction of new information exchange systems (SIS, Prüm) Standards of personal data protection and confidentiality of data Work with Europol Analytical Work Files Access to the Schengen Information System and gradual filling of work posts within the SIRENE Bureau Foreign languages
THANK YOU FOR YOUR ATTENTION!