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13123/05 DCL 1 VG DG F 2A Delegations Will Find Attached The Council of the European Union Brussels, 13 January 2016 (OR. en) 13123/05 DCL 1 CRIMORG 107 DECLASSIFICATION of document: ST 13123/05 RESTREINT UE dated: 17 November 2005 new status: Public Subject: EVALUATIONREPORT THIRD ROUND OF MUTUAL EVALUATIONS "EXCHANGE OF INFORMATION AND INTELLIGENCE BETWEEN EUROPOL AND THE MEMBER STATES AND BETWEEN THE MEMBER STATES RESPECTIVELY" REPORT ON HUNGARY Delegations will find attached the declassified version of the above document. The text of this document is identical to the previous version. 13123/05 DCL 1 VG DG F 2A EN RESTREINT UE COUNCIL OF Brussels, 17 November 2005 THE EUROPEAN UNION 13123/05 RESTREINT UE CRIMORG 107 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 HUNGARY 13123/05 AH/ld 1 DG H 2 B RESTREINT UE EN RESTREINT UE TABLE OF CONTENTS 1. INTRODUCTION ........................................................................................................................ 3 2. GENERAL INFORMATION AND STRUCTURES ................................................................... 4 3. INTERNAL ORGANISATION OF THE EXCHANGE OF INFORMATION ........................ 15 4. EXTERNAL EXCHANGE OF INFORMATION ..................................................................... 17 5. EXCHANGE OF INFORMATION BETWEEN MEMBER STATES AND EUROPOL ......... 19 6. EVALUATION BY EXPERT TEAM ......................................................................................... 24 7. GENERAL CONCLUSIONS AND RECOMMENDATIONS OF THE EXPERT TEAM ....... 39 ANNEXES ANNEX A: Programme of visits ...................................................................................................... 42 ANNEX B: List of persons met ......................................................................................................... 43 ANNEX C: List of abbreviations ....................................................................................................... 44 _____________________ 13123/05 AH/ld 2 DG H 2 B RESTREINT UE EN RESTREINT UE 1. INTRODUCTION 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. 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. 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". Following discussion at the MDG meeting on 9 January 2003, a list showing the order of Member States to be visited was agreed. Hungary is the 16th Member State to be evaluated during the third round of evaluations. The questionnaires and the objectives of this evaluation are contained in 11679/3/02 REV 3 CRIMORG 71. The experts in charge of this evaluation were: Mrs Elisabeth HAMIDI (Austria), Mr Damjan POTPARIČ (Slovenia) and Mr Magnus HASSELQUIST (Sweden). Two observers, Mr Francisco Matias (EUROPOL) and Mrs Dora Balazs (Commission), were also present together with representatives from the General Secretariat of the Council. 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 Hungarian authorities' answers to the questionnaire. 13123/05 AH/ld 3 DG H 2 B RESTREINT UE EN RESTREINT UE The report first deals with 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 Hungary and with other Member States and Europol. 2. GENERAL INFORMATION AND STRUCTURES 1 2.1. LEGAL BASIS 2.1.1. Acts and decrees The most important acts and decrees for Hungarian authorities in the area of international law-enforcement cooperation and information and intelligence exchange are as follows: . Act XXXIV of 1994 on the Police (setting up of a police organisation in accordance with the constitution of the Republic of Hungary, its international commitments and the principle of the rule of law) . Act XXXII of 1997 on the Border Guard . Act XIX of 2004 on the Customs and Finance Guard . Act CXXX of 2003 on the co-operation in criminal matters with the members of the European Union (introducing the European Arrest Warrant in Hungary and furthermore establishing forms of co-operation foreseen in the Convention of 29 May 2000 on mutual assistance in criminal matters between the Member States2) . Act LXXV of 1999 on the Provisions on Combating Organised Crime and Certain Phenomena Connected thereto and on the Amendment of Relevant Legislation 1 This part of the report is based largely on the answers to the questionnaire. 2 OJ C 197, 12,07,00, p. 1. 13123/05 AH/ld 4 DG H 2 B RESTREINT UE EN RESTREINT UE . Act LIV of 2002 on international cooperation of law-enforcement agencies . Act LXXXIX of 2001 on the Cooperation Agreement between the Republic of Hungary and the European Police Office . Act LIV of 1999 on Cooperation and Information Exchange with the Law-Enforcement Network of the European Union and the International Criminal Police Organisation . Act XXXVIII of 1996 on International Legal Assistance in Criminal Matters . Joint Decree No. 4/2002 (I. 30.) of the Minister of the Interior and the Minister of Finance on the legal basis, authority and tasks of the International Law Enforcement Cooperation Centre (NEBEK) . Joint Decree No. 34/2003 (VII. 29.) of the Minister of the Interior and the Minister of Finance on the deployment of Hungarian liaison officers abroad. 2.1.2. Bilateral agreements 2.1.2.1. with Member States Hungary has concluded a series of bilateral agreements or memoranda of understanding with almost all of the EU Member States in the field of criminal matters, especially mutual cooperation and exchange of information in the fight against the different forms of organised crime, terrorism and drug crimes: Austria (Agreement) parties involved: Hungarian and Austrian governments topics: joint centre for cooperation at the Austrian-Hungarian border at Hegyeshalom, with liaison officers; date of signature: 4 May 2001; effective: 8 June 2001; Government Decree No.: 110/2001 (VI. 21.) 13123/05 AH/ld 5 DG H 2 B RESTREINT UE EN RESTREINT UE Austria (Agreement) parties involved: Hungarian and Austrian governments topics: Cooperation in the fields of criminal and traffic law enforcement agencies; date of signature: 27 November 1977, Vienna; effective: 1 October 1980; Government Decree No.: 34/1980 (VIII.28.) Austria (Agreement) parties involved: Hungarian and Austrian governments topics: Cooperation in the fight against international terrorism, illicit trafficking of narcotic drugs and international organised crime; date of signature: 12 July 1996, Nickelsdorf; effective: 1 July 1997; Government Decree No.: 165/1997 (X. 3.) Austria (Agreement) parties involved: Hungarian and Austrian governments topics: Cooperation for the prevention and suppression of cross border crime, signature: 6 June 2004, Heiligenbrunn; effective: undergoing ratification (Bill to ratify will be submitted to the Parliament soon) Belgium (Agreement) parties involved: Hungarian and Belgian governments topics: Police cooperation, cooperation in the fight against organised crime; date of signature: 4 November 1998, Brussels; effective: 1 September 2002; Government Decree No.: 153/2002 (VII.5.) Cyprus (Agreement) parties involved: Hungarian and Cypriot governments topics: Cooperation in the fight against terrorism, illicit drug trafficking and organised crime; date of signature: 13 June 1996, Budapest; effective: 1 September 1999; Government Decree No.: 73/2001 (IV. 27.) 13123/05 AH/ld 6 DG H 2 B RESTREINT UE EN RESTREINT UE Czech Republic (Agreement) parties involved: Hungarian and Czech governments topics: Cooperation in the fight against terrorism, illicit trafficking of narcotic drugs and psychotropic substances and organised crime; date of signature: 16 February 1996, Prague; effective: 27 April 1997; additional agreements: the agreement is undergoing modification 1; Government Decree No.: 91/1997 (VI. 4.) Estonia (Agreement) parties involved: Hungarian and Estonian governments topics: Cooperation in the fight against terrorism, illicit trafficking of narcotic drugs and organised crime; date of signature: 13 May 1997, Budapest; effective: 31 December 1997; Government Decree No.: 5/1998 (I. 23.) Finland (Agreement) parties involved: Hungarian and Finnish governments topics: Cooperation in the prevention of crime – especially organised crime – and in the joint action against crime; date of signature: 24 October 2002, Budapest; effective: 22 October 2003; Government Decree No.: 172/2003 (X. 28.) France (Agreement) parties involved: Hungarian and French governments topics: Cooperation between Interior Ministries; date
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