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 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 Council Decision 2009/371/JHA of 6 April 2009 Establishing the European Police Office OJ L 121/37, 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.

Comparison of regulations Article 9 ( liaison officers ) 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 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 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 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 ( ) 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 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

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