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007996/EU XXVI. GP Eingelangt Am 16/01/18 007996/EU XXVI. GP Eingelangt am 16/01/18 Council of the European Union Brussels, 16 January 2018 (OR. en) 5161/07 DCL 1 CRIMORG 7 DECLASSIFICATION of document: 5161/07 RESTREINT UE dated: 9 January 2007 new status: Public Subject: EVALUATION REPORT ON THE THIRD ROUND OF MUTUAL EVALUATIONS "EXCHANGE OF INFORMATION AND INTELLIGENCE BETWEEN EUROPOL AND THE MEMBER STATES AND BETWEEN THE MEMBER STATES RESPECTIVELY" REPORT ON THE SLOVAK REPUBLIC Delegations will find attached the declassified version of the above document. The text of this document is identical to the previous version. 5161/07 DCL 1 ni DGF 2C EN www.parlament.gv.at RESTREINT UE COUNCIL OF Brussels, 9 January 2007 THE EUROPEAN UNION 5161/07 RESTREINT UE CRIMORG 7 EVALUATION REPORT ON THE THIRD ROUND OF MUTUAL EVALUATIONS "EXCHANGE OF INFORMATION AND INTELLIGENCE BETWEEN EUROPOL AND THE MEMBER STATES AND BETWEEN THE MEMBER STATES RESPECTIVELY" REPORT ON THE SLOVAK REPUBLIC 5161/07 PR/ld 1 DG H 2 RESTREINT UE EN www.parlament.gv.at RESTREINT UE TABLE OF CONTENTS 1. INTRODUCTION ........................................................................................................................ 3 2. GENERAL INFORMATION AND STRUCTURES ................................................................... 4 3. INTERNAL ORGANISATION OF THE EXCHANGE OF INFORMATION .......................... 8 4. EXTERNAL EXCHANGE OF INFORMATION ..................................................................... 12 5. EXCHANGE OF INFORMATION BETWEEN MEMBER STATES AND EUROPOL ......... 13 6. EVALUATION BY EXPERT TEAM ......................................................................................... 17 7. GENERAL CONCLUSIONS AND RECOMMENDATIONS OF THE EXPERT TEAM ....... 35 ANNEXES ANNEX A: Regulation of the MOI ................................................................................................... 38 ANNEX B: Statistics ......................................................................................................................... 48 ANNEX C: Information systems - databases .................................................................................... 55 ANNEX D: Programme of visits ...................................................................................................... 60 ANNEX E: List of persons met ......................................................................................................... 61 ANNEX F: List of abbreviations ....................................................................................................... 63 _____________________ 5161/07 PR/ld 2 DG H 2 RESTREINT UE EN www.parlament.gv.at RESTREINT UE 1. INTRODUCTION 1.1. Following the adoption of the Joint Action of 5 December 1997, a mechanism for evaluating the application and implementation at national level of international undertakings in the fight against organised crime was established. 1.2. Following a proposal originating from the Swedish delegation and taken up by the Presidency to evaluate the supply of information and intelligence to Europol and the exchange of information and intelligence between Member States, the MDG adopted the proposal at its meeting on 3 and 4 June 2002. 1.3. At its meeting on 3 December 2002 the MDG approved the questionnaire on the third round of mutual evaluations on the topic "exchange of information and intelligence between Europol and the Member States and among the Member States respectively". 1.4. Following discussion at the MDG meeting on 9 January 2003, a list showing the order of Member States to be visited was agreed. The Slovak Republic is the twenty-fifth Member State to be evaluated during the third round of evaluations. 1.5. The questionnaires and the objectives of this evaluation are contained in document 11679/3/02 REV 3 CRIMORG 71. 1.6. The experts in charge of this evaluation were: Mr Miroslaw KACZMAREK (Poland), Mr Rudolf KLIKA (Austria), Mr Joaquim PEREIRA (Portugal). Two observers, Mr Erik LANGHOFF (EUROPOL) and Mr Jean-Baptiste ROCHE (Commission), were also present together with the General Secretariat of the Council. 1.7. The evaluation team has prepared the following report with the assistance of the Council Secretariat, on the basis of the observations and conclusions of the experts in the team together with the Slovakian authorities' answers to the questionnaire. 5161/07 PR/ld 3 DG H 2 RESTREINT UE EN www.parlament.gv.at RESTREINT UE 1.8. The report first deals with the general information and structures (2), followed by the internal organisation of the exchange of information (3) and of the external exchange of information (4) and then deals more specifically with Europol (5). In the last chapter, the experts make a global and technical evaluation and then propose some recommendations to enhance cooperation and effectiveness in the exchange of information within the Slovak Republic and with other Member States and Europol. 2. GENERAL INFORMATION AND STRUCTURES 1 2.1 LEGAL BASIS The general framework for exchange of information and intelligence with other EU Member States is as follows: 2.1.1 Act No. 171/1993 Coll. on the Police Force as amended: Article 77a 1. The Police Force shall cooperate with the police forces of other states, with international police organisations, international organisations and organisations operating in the territories of other states, in particular by exchanging information, exchanging liaison officers, or by other forms of cooperation. 2. The Police Force may also perform tasks of the Police Force outside the territory of the Slovak Republic, if stated in the international treaties by which the Slovak Republic is bound, or with the agreement of the parties concerned. 3. For the performance of the tasks of the Police Force outside the territory of the Slovak Republic the Ministry of the Interior may also delegate police officers to international police organisations, police forces of other states, international peace missions, international civil crisis management operations or, by agreement with the Ministry of Foreign Affairs of the Slovak Republic, to diplomatic missions of the Slovak Republic or to international organisations. 1 This part of the report is based largely on the answers to the answers to the questionnaire. 5161/07 PR/ld 4 DG H 2 RESTREINT UE EN www.parlament.gv.at RESTREINT UE Minister is the authority which decides on the secondment of the police officers abroad. 2.1.2 Act No. 428/2002 Coll. on the Protection of Personal Data, as amended: (Transfer of Personal Data within Member States of the European Union "Article 23" (1) A free flow of personal data between the Slovak Republic and the Member States of the European Union shall be ensured; the Slovak Republic shall not restrict or prohibit transfer of personal data for reasons of protection of fundamental rights and freedoms of natural persons, in particular their right to privacy in respect of processing of their personal data. (2) An operator with his registered office or permanent residence on the territory of the Slovak Republic who simultaneously processes personal data by means of his organisational unit or several organisational units on the territory of one or several Member States of the European Union shall be obliged to take measures and ensure that each of his organisational units processes personal data in accordance with the laws in force in the Member State where the organisational unit concerned has its registered office. (3) An operator who does not have his registered office or permanent residence on the territory of a Member State of the European Union and for the purposes of processing of personal data uses fully or partially automated or other than automated means of processing located on the territory of the Slovak Republic, where these means of processing are not used solely for the transfer of personal data through the territory of Member States of the European Union, shall be obliged to appoint, before commencement of the processing of personal data, a representative with his registered office or permanent residence on the territory of the Slovak Republic; this shall not affect the domestic law of the third country in which the operator has his registered office or permanent residence. The operator's representative shall be obliged to provide to the Office at any time, upon request, an original of the document confirming his appointment as the operator's representative. The authenticity of signatures and the operator's stamp on the original document must be verified by the authority competent for its verification or by a notary in the State concerned, while the verification must bear a stamp of the authority representing the Slovak Republic in this State. 5161/07 PR/ld 5 DG H 2 RESTREINT UE EN www.parlament.gv.at RESTREINT UE 2.1.3Further information concerning the protection of personal data in the filing systems operated by the police is available on the official website of the Office for Personal Data Protection of the Slovak Republic: http://www.dataprotection.gov.sk/buxusnew/generate_page.php?page_id=420 The Criminal Code – Act No. 300/2005 Coll. (see Annex/Legislation/04) The Code of Criminal Procedure – Act No. 301/2005 Coll. Act No. 215/2004 Coll. on the protection of classified information and on the amendment and supplementing of certain Acts Act No. 652/2004 Coll. on State Administration Bodies in the Field of Customs and on the Amendment and Supplementing of certain Acts Act No. 171/1993 Coll. on the Police Force, Art. 69 and further. 2.1.4 Bilateral
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