Europol

1
Europol

• Police Directorate
• International Operational Police
• Cooperation Department
• INTERPOL EUROPOL SELEC
• THURSDAY 12 DECEMBER 2013

2
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

3
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.

4
Institutional framework

• Competent institutions for combating
  organised crime to which the Strategic Agreement
  applies
• 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

5
Comparison of regulations

• Council Decision 2009/371/JHA of 6 April 2009
  Establishing the European Police Office OJ L
  121/37, 15.05.2009
• Article 8 ( ENU )

• 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.

6
Comparison of regulations

• 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

7
Comparison of regulations

• 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

8
Comparison regulations

• Article 8 ( Europol may directly receive personal
  data and classified information before the entry
  into force of an agreement with a Third Party)

• 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

9
Future activities

• 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
• Take active part at the ENU meetings as an
  operational third country

10
THANK YOU FOR YOUR ATTENTION!