belgiquelex.be - Carrefour Bank of Legislation 10 AVRIL 2016. - An Act to approve the Treaty between the Kingdom of Belgium and the Kingdom of the Netherlands on the cross-border exchange of data for the identification of persons suspected of having committed offences in connection with the use of the road, done in Brussels on 25 April 2013 (1)(2)
PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The House of Representatives adopted and sanctioned the following:
Article 1
er. This Act regulates a matter referred to in Article 74 of the Constitution.
Art. 2. The Treaty between the Kingdom of Belgium and the Kingdom of the Netherlands on the cross-border exchange of data for the identification of persons suspected of having committed offences in connection with the use of the road, done in Brussels on 25 April 2013, will come out its full and full effect.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 10 April 2016.
PHILIPPE
By the King:
Minister of Foreign Affairs,
D. REYNDERS
The Minister of the Interior,
J. JAMBON
The Minister of Justice,
K. GEENS
Minister of Mobility,
Ms. J. GALANT
Seal of the state seal:
The Minister of Justice,
K. GEENS
____
Note
(1) House of Representatives (www.lachambre.be):
Documents: 54-1601
Full report : 18/02/2016
(2) Effective date: 01/06/2016 (art. 8)
Treaty between the Kingdom of Belgium and the Kingdom of the Netherlands on the cross-border exchange of data for the identification of persons suspected of having committed offences under the use of the road
The Kingdom of Belgium
and
The Kingdom of the Netherlands - referred to below as the Contracting Parties;
Considering Directive 2011/82/EU of the European Parliament and of the Council of 25 October 2011 facilitating the cross-border exchange of information on road safety offences requiring Member States to allow national points of contact of others Member States to access certain data from the national vehicle registration registers, with the right to make automated applications for the purpose of investigating traffic safety offences referred to therein;
Considering Article 350 of the Treaty on the Functioning of the European Union;
Considering that nationals of a Contracting Party may be involved in offences within the framework of the use of the road contained in the Directive while it is not yet implemented or in other offences other than those contained in the Directive and which are committed in the territory of another Contracting Party;
Considering that, in addition to the obligations of Directive 2011/82/EU, it is very important that Contracting Parties be able to automatically exchange data for the purpose of suppressing offences committed in the context of the use of the road, enforce the legal requirements for road use and improve road safety;
Considering that the Treaty can be implemented, in anticipation of the transposition of Directive 2011/82/EU,
The following provisions were agreed:
Article 1
erObject and scope
1. This Treaty aims to facilitate cross-border exchange of data referred to in Article 3, paragraph 1
er, by means of an automated consultation of registration data where an offence under the use of the road is committed with a vehicle registered in another Contracting Party.
2. This Treaty applies to data relating to offences committed in connection with the use of the road that do not fall within the scope of the Directive and to data relating to offences committed in connection with the use of the road under the Directive, as long as it is not implemented by the Contracting Parties.
Article 2
Definitions
For the purposes of this Treaty:
a. "the use of the road": the movement, the stopping or parking of a vehicle on the road;
b. " Offence committed as part of the use of the road": a punishable act or behaviour contrary to the legal requirements for the use of the road, regardless of the qualification of fact or behaviour in national law;
c. "the Directive": Directive 2011/82/EU of the European Parliament and Council of 25 October 2011 facilitating the cross-border exchange of information on road safety offences;
d. "vehicle": any motorized vehicle normally used for road transport of persons or goods, or a trailer;
e. "national contact point": the competent authority for the exchange of vehicle registration data defined in Article 4 and designated as an annex to this Treaty;
f. "automatic request": an online access procedure to consult the registration records of Contracting Parties;
g. "vehicle holder": the person on whose behalf the vehicle is registered, within the meaning of the law of the Contracting Party of Registration.
Article 3
Exchange of registration records data
1. For the purposes of the investigation of an offence committed in connection with the use of the road, a Contracting Party allows the national contact point of another Contracting Party to access the national data of the following registers, with the right to make automated requests:
a. vehicle data, and
b. data concerning the vehicle holder.
2. This Treaty is subject exclusively to the procedures of Article 4, paragraphs 2 to 5, and Article 5 of the Directive.
3. Council Framework Decision 2008/977/JAI of 27 November 2008 on the protection of personal data processed in the context of police and judicial cooperation in criminal matters applies to the processing of personal data relating to punishable acts and Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of natural persons with respect to the processing of personal data and the free movement of such data shall apply
The provisions of Article 26, paragraph 2, and Article 30, paragraphs 2, 3 and 4, of Council Decision 2008/615/JAI of 23 June 2008 on the deepening of cross-border cooperation, in particular with a view to combating terrorism and cross-border crime, apply to personal data processed under this Treaty.
4. The Contracting Party of the offence uses, under this Treaty, the data obtained to determine who is personally responsible for the offences referred to in the use of the road.
Article 4
National focal points
1. The Contracting Parties shall each designate a single national focal point for the exchange of registration records.
2. The coordinates of national contact points are included in the annex. The designation of another national point of contact as mentioned in the schedule shall take place in a timely manner and with reference to the effective date of the designation, in a Statement by the competent Minister to any Contracting Party and to the Secretary General of the Benelux Union.
3. The procedures provided for in this Treaty are, if necessary, detailed in enforcement agreements between national focal points. This includes the identification of codes for offences committed in connection with the use of the road that do not fall under the Directive.
Article 5
Impact on other treaties
This Treaty shall not prejudice the rights or obligations established in existing treaties between the Contracting Parties, provided that they are not contrary to the rights and obligations of this Treaty.
Article 6
Litigation
Disputes concerning the interpretation and application of this Treaty shall be resolved by diplomatic means.
Article 7
Transitional provision
This Treaty applies exclusively to offences committed in connection with the use of the road that are committed after the entry into force of this Treaty.
Article 8
Final provisions
1. This Treaty shall be ratified and the instruments of ratification shall be deposited with the Secretary-General of the Benelux Union, who shall inform the Contracting Parties of the receipt of these instruments.
2. This Treaty enters into force on the first day of the second month following the deposit of the second instrument of ratification. The Secretary General of the Benelux Union shall communicate to the Contracting Parties the date of entry into force.
3. Third countries are free to accede to this Treaty by depositing an instrument of accession with the Secretary-General of the Benelux Union. For the new acceding countries, the Treaty entered into force on the first day of the second month following the deposit of the instrument of accession.
4. Each Contracting Party may denounce at any time via the diplomatic channel this Treaty by filing a written declaration with the Secretary-General of the Benelux Union. The denunciation takes effect six months after the filing of this written declaration.
Article 9
Field of territorial application
The territorial scope of this Treaty is:
- in respect of the Kingdom of Belgium, the territory of Belgium;
- with regard to the Kingdom of the Netherlands, its territory in Europe.
In faith, the undersigned, duly mandated for this purpose, have signed this Treaty.
Done in double copy, in Brussels on 25 April 2013, in Dutch and French, both texts being equally authentic.
Annex
National contact points of Contracting Parties:
For Belgium:
SPF Mobility and Transport
Vehicle Registration and Approvals Directorate (DIV)
Rue du Progrès 56
1210 Brussels
Belgium
For the Netherlands:
Dienst Wegverkeer (RDW)
Skager Rak 10
9642 CZ Veendam
Netherlands
Addresses may be modified by communication from the national contact point concerned to other national contact points and to the Secretary General of the Benelux Union.
NOTE VERBALE - COUNTRIES-BAS
Nr.BRU-2016/735
The Embassy of the Kingdom of the Netherlands presents its compliments to the Federal Public Service Foreign Affairs, Foreign Trade and Development Cooperation of the Kingdom of Belgium and has the honour to refer to the Treaty signed on 25 April 2013 in Brussels between the Kingdom of the Netherlands and the Kingdom of Belgium on the cross-border exchange of data for the identification of persons suspected of having committed offences in the context of the use of the road (hereinafter referred to as the Treaty).
The Embassy proposes to agree on the following joint declaration concerning the Treaty:
1. In the preamble (three times) and article 2, part c, of the Treaty, reference is made to Directive 2011/82/EU of the European Parliament and the Council of 25 October 2011 facilitating the cross-border exchange of information on road safety offences. This Directive was replaced in the meantime by a new directive.
The Kingdom of the Netherlands, for the European part of the Netherlands, and the Kingdom of Belgium declare that, with respect to Directive 2011/82/EU, it should be read: Directive (EU) 2015/413 of the European Parliament and of the Council of 11 March 2015 facilitating the cross-border exchange of information on road safety offences.
2. In Article 3, paragraph 3, second paragraph, of the Treaty, reference is made to Council Decision 2008/615/JAI of 23 June 2008 on the deepening of cross-border cooperation, in particular with a view to combating terrorism and cross-border crime, to which both countries are linked within the framework of the European Union.
In the same provision of the Treaty, it is indicated that the provisions of Article 26, paragraph 2, and Article 30, paragraphs 2, 3 and 4, of Decision 2008/615/JAI apply to personal data processed under this Treaty.
The Kingdom of the Netherlands, for the European part of the Netherlands, and the Kingdom of Belgium declare that, in addition to the above-mentioned paragraphs of Articles 26 and 30, the other articles and paragraphs of Chapter 6 (General provisions on data protection) of Decision 2008/615/JAI apply by analogy to the data processed under the Treaty.
If the foregoing is acceptable to the Government of the Kingdom of Belgium, the Embassy has the honour to propose that the joint declaration contained in items 1 and 2 of the Treaty is deemed to have been made on the date of the confirmation note by the Federal Public Service.
The Embassy of the Kingdom of the Netherlands takes this opportunity to renew to the Federal Public Service Foreign Affairs, Foreign Trade and Development Cooperation of the Kingdom of Belgium the assurance of its highest consideration.
Brussels, 22 February 2016
NOTE VERBALE (REPONSE) - BELGIUM
J4/ADR/JUR/05.05/2016/4076
The Federal Public Service Foreign Affairs, Foreign Trade and Development Cooperation of the Kingdom of Belgium presents its compliments to the Embassy of the Kingdom of the Netherlands and has the honour to confirm the good reception of the note no.BRU-2016/735 dated 22 February 2016 of the Embassy which is written as follows:
"The Embassy of the Kingdom of the Netherlands presents its compliments to the Federal Public Service Foreign Affairs, Foreign Trade and Development Cooperation of the Kingdom of Belgium and has the honour to refer to the Treaty signed on 25 April 2013 in Brussels between the Kingdom of the Netherlands and the Kingdom of Belgium on the cross-border exchange of data for the identification of persons suspected of having committed offences in the context of the use of the road (hereinafter referred to as the Treaty).
The Embassy proposes to agree on the following joint declaration concerning the Treaty:
3. In the preamble (three times) and article 2, part c, of the Treaty, reference is made to Directive 2011/82/EU of the European Parliament and the Council of 25 October 2011 facilitating the cross-border exchange of information on road safety offences. This Directive was replaced in the meantime by a new directive.
The Kingdom of the Netherlands, for the European part of the Netherlands, and the Kingdom of Belgium declare that, with respect to Directive 2011/82/EU, it should be read: Directive (EU) 2015/413 of the European Parliament and of the Council of 11 March 2015 facilitating the cross-border exchange of information on road safety offences.
4. In Article 3, paragraph 3, second paragraph, of the Treaty, reference is made to Council Decision 2008/615/JAI of 23 June 2008 on the deepening of cross-border cooperation, in particular with a view to combating terrorism and cross-border crime, to which both countries are linked within the framework of the European Union.
In the same provision of the Treaty, it is indicated that the provisions of Article 26, paragraph 2, and Article 30, paragraphs 2, 3 and 4, of Decision 2008/615/JAI apply to personal data processed under this Treaty.
The Kingdom of the Netherlands, for the European part of the Netherlands, and the Kingdom of Belgium declare that, in addition to the above-mentioned paragraphs of Articles 26 and 30, the other articles and paragraphs of Chapter 6 (General provisions on data protection) of Decision 2008/615/JAI apply by analogy to the data processed under the Treaty.
If the foregoing is acceptable to the Government of the Kingdom of Belgium, the Embassy has the honour to propose that the joint declaration contained in items 1 and 2 of the Treaty is deemed to have been made on the date of the confirmation note by the Federal Public Service.
The Embassy of the Kingdom of the Netherlands takes this opportunity to renew to the Federal Public Service Foreign Affairs, Foreign Trade and Development Cooperation of the Kingdom of Belgium the assurance of its highest consideration. »
The Federal Public Service Foreign Affairs, Foreign Trade and Development Cooperation has the honour to communicate to the Embassy of the Kingdom of the Netherlands that the foregoing is acceptable to the Government of the Kingdom of Belgium and that the joint declaration contained in items 1 and 2 of the Treaty is deemed to have been made on the date of the confirmation note by the Federal Public Service.
The Federal Public Service Foreign Affairs, Foreign Trade and Development Cooperation of the Kingdom of Belgium takes this opportunity to renew to the Embassy of the Kingdom of the Netherlands the assurance of its highest consideration.
Done in Brussels, 23 February 2016
DECLARATION - BELGIUM
J4/ADR/JUR/05.05/2016
The Federal Public Service (SPF) Foreign Affairs, Foreign Trade and Development Cooperation of the Kingdom of Belgium presents its compliments to the Embassy of the Kingdom of the Netherlands and has the honour to refer to the Treaty signed on 25 April 2013 in Brussels between the Kingdom of the Netherlands and the Kingdom of Belgium on the cross-border exchange of data for the identification of persons suspected of having committed offences under the name of the Treaty.
The SPF still wishes to file the following declaration concerning the Treaty:
"With respect to the annex to the Treaty, we should read "Vehicle Registration Directorate (VD)" instead of "Vehicle Registration and Approval Directorate (VD)". »
The SPF would be grateful if the Embassy could give it an acknowledgement of receipt of this note.
The Federal Public Service (SPF) Foreign Affairs, Foreign Trade and Development Cooperation of the Kingdom of Belgium takes this opportunity to renew to the Embassy of the Kingdom of the Netherlands the assurance of its highest consideration.
Done in Brussels, 29 February 2016
DECLARATION (REPONSE) - PAYS-BAS ()
Nr.BRU-2016/740
The Embassy of the Kingdom of the Netherlands presents its compliments to the Federal Public Service for Foreign Affairs, Foreign Trade and Development Cooperation of the Kingdom of Belgium and has the honour to acknowledge receipt of the note verbale J4/ADR/JUR/05.05/2016 dated 29 February 2016 relating to the Treaty between the Kingdom of Belgium and the Kingdom of the Netherlands on the cross-border exchange of data for the purpose of identifying persons suspected of committing offences.
The Embassy of the Kingdom of the Netherlands takes this opportunity to renew to the Federal Public Service Foreign Affairs, Foreign Trade and Development Cooperation of the Kingdom of Belgium the assurance of its highest consideration. »
Brussels, 8 March 2016
