WORKING ARRANGEMENTBETWEEN THE MINISTRY OF INTERIOR OF THE REPUBLIC OF SERBIA AND THE EUROPEAN UNION AGENCY FOR LAW ENFORCEMENT TRAINING (CEPOL)("Off. Herald of RS - Treaties", No. 2/2018) |
AGREEMENT BETWEEN THE MINISTRY OF INTERIOR OF THE REPUBLIC OF SERBIA AND THE EUROPEAN UNION AGENCY FOR LAW ENFORCEMENT TRAINING
The Ministry of Interior of the Republic of Serbia and the European Union Agency for Law Enforcement Training (hereafter referred to as "CEPOL"),
Being aware of the mutual interest to enhance the effectiveness of law enforcement in the fight against crime, especially cross-border crime, in Europe by conducting common trainings for law enforcement officials to raise awareness and increase knowledge of international and European co-operation instruments and mechanisms, as well as of a wide range of specific subjects, such as counter-terrorism, trafficking in narcotics and organised crime, illegal immigration and border control or trafficking in human beings;
Having regard to the Regulation (EU) 2015/2219 of the European Parliament and of the Council of 25 November 2015 on the European Union Agency for Law Enforcement Training (CEPOL) and replacing and repealing Council Decision 2005/681/JHA (hereafter referred to as "Regulation");
Having regard to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Serbia, of the other part (SAA) that has entered into force on 1 September 2013 and to the ongoing negotiations on the accession of the Republic of Serbia to the European Union,
Mindful of the indications contained in the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions "Enlargement Strategy and Main Challenges 2014-2015", COM(2014) 700;
Having regard to the CEPOL Governing Board Decision of 9 August 2014 authorising the Director of CEPOL to negotiate a working arrangement with the Ministry of Interior of the Republic of Serbia ;
Having regard to Article 36 of the Regulation indicating that CEPOL, as established by this Regulation, shall be the legal successor in respect of all contracts concluded by, liabilities incumbent on, and properties acquired by CEPOL as established by Decision 2005/681/JHA;
Having regard to the Decision of the CEPOL Management Board 13/2016/MB;
Without prejudice to future developments in the concerned policy area which may result from the revision of the existing legal, cooperation and political framework instruments or the new future treaties;
Have agreed as follows:
Article 1
Purpose of the Agreement and competent authority
The purpose of this Agreement is to define the relations between the Ministry of Interior of the Republic of Serbia and CEPOL, specifying, in particular, the nature, extent and manner in which the Ministry of Interior of the Republic of Serbia may participate in CEPOL’s work, and to establish the arrangements necessary to facilitate mutual cooperation. The exchange or dissemination of Law Enforcement Sensitive Data, including Personal Data, is not within the scope of this Agreement or any of its provisions.
Competent authority within the Republic of Serbia for the implementation of this Agreement shall be the Ministry of Interior of Republic of Serbia.
The Training partners will be the Department for professional education and training of the Sector for human recourses within the Ministry of Interior (hereafter referred to as "Department") and the Academy of Criminalistics and Police Studies (hereafter referred to as "Academy").
Article 2
The co-operation as established in this Agreement shall:
a) allow for the participation of law enforcement officials of the Republic of Serbia in CEPOL training sessions, and that of EU law enforcement officials operating in the field of Justice and Home Affairs in training sessions organized bythe Department;
b) define possible supporting activities of the Academy to the organisation of CEPOL training courses;
c) further harmonise standards on law enforcement training with regard to cross-border co-operation;
d) enhance the exchange of best practices and grant the Department and theAcademy the access to the public sections of CEPOL’s electronic network, defined as the sections accessible to all e-Net registered users but restricted for non-registered users, under conditions of reciprocity and to the extent necessary for the achievement of the objectives mutually agreed through the present Working Arrangement.
Article 3
CEPOL meetings may be organised in the Republic of Serbia; costs for such meetings will be reimbursed by CEPOL, according to its rules and in particular the financial provisions applicable to Candidate Countries.
Article 4
Participation in training courses
Law enforcement officials of the Republic of Serbia may participate in training courses provided by CEPOL. Participants may benefit from the facilitations afforded to Candidate Countries in particular a punctual allocation of free flights.
As a rule, costs for participation of Serbian trainees in CEPOL training courses shall be charged to the participants’ sending institution. These costs shall be indicated in the invitation to the activity.
Article 5
Support for training activities of CEPOL
Law enforcement officials of the Republic of Serbia may contribute to CEPOL training courses by supporting EU Member States organising CEPOL training courses; this may include the provision of police experts for the needs of such courses. EU law enforcement officials may also participate as appropriate parties to training courses organized by the Department and the Academy. Any direct costs incurred for services provided by the Department and the Academy in supporting training activities of CEPOL shall be reimbursed by CEPOL according to its rules.
This Agreement does not create any specific obligation on Third Parties to attend training sessions or courses organized within its framework.
Article 6
Harmonised standards on law enforcement training
The Department and the Academy may support the development and implementation of Common Curricula as set out in Article 4 of the Regulation and may integrate these into the national training programmes to the extent possible and necessary.
Article 7
Exchange of best practices, law enforcement and training officials
The Department, the Academy and CEPOL shall disseminate best practices and research findings.
Relevant exchanges and secondments of law enforcement officials and/or training staff members shall be facilitated.
Article 8
A National contact point shall be set up within the Ministry of Interior of the Republic of Serbia to facilitate the implementation of this Working Arrangement. The National contact point shall be the single point of contact for all communication with CEPOL. Any changes in that respect shall be communicated in writing to the Executive Director of CEPOL.
The National contact point shall be responsible for carrying out the following tasks:
- contribute to and promote CEPOL’s work programmes, annual calendars and website among the law enforcement officials of the Republic of Serbia;
- organise and coordinate appropriate nominations of participants and experts for activities at the national level in a timely and transparent manner;
- facilitate the communication and coordination between CEPOL and relevant national institutions;
- coordinate the implementation of activities and meetings in the Republic of Serbia;
- nominate an Exchange coordinator and provide support in the establishment and implementation of exchange programmes for law enforcement officials;
- nominate an E-net manager and promote the use of CEPOL’s electronic network for the training of law enforcement officials.
Article 9
In line with Article 29 paragraph 2 of the Regulation, the European Court of Auditors shall have a power of audit, on the basis of documents and on-the-spot checks, over all grant beneficiaries, contractors and subcontractors who have received Union funds from CEPOL.
In line with Article 29 paragraph 3 of the Regulation, OLAF may carry out investigations, including on-the-spot checks and inspections with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union in connection with a grant or a contract awarded by CEPOL. Such investigations shall be carried out in accordance with the provisions and procedures laid down in Regulation (EU, Euratom) No 883/2013 and in Council Regulation (Euratom, EC) No 2185/96.
Article 10
Amendment of the Working Arrangement
The Ministry of Interior of the Republic of Serbia or CEPOL may each propose, by means of an exchange of official correspondence, to amend this working arrangement or parts thereof. Amendments to this working arrangement shall enter into force after the respective internal procedures have been completed.
Article 11
Termination of the Working Arrangement
This Agreement may be terminated by each party with 6 months written notice.
Article 12
This Working Arrangement shall enter into force on the date on which CEPOL notifies the Republic of Serbia in writing through diplomatic channels that it has received and accepted notification of the Republic of Serbia that its internal ratification process has completed.
This first day of September, two thousand and seventeen, in duplicate in the English language. For the Ministry of Interior of the Republic of Serbia |
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This first day of September, two thousand and seventeen, in duplicate in the English language. For the European Union Agency for Law Enforcement Training (CEPOL) |