491/2008 Coll.

ACT

of  24 October 2008,

which amends Act of the National Council of the Slovak Republic No. 171/1993 Coll. on the Police Force as amended, and on amendment to certain acts

The National Council of the Slovak Republic has passed the following Act:

Article IX
 
	Act No. 652/2004 Coll. on State Administration Authorities in the field of Customs and on amendments to certain acts, as amended by Act No. 331/2005 Coll., Act No. 191/2007 Coll., Act No. 537/2007 Coll., and Act No. 166/2008 Coll., is amended as follows:

	1. §54a is inserted after §54 and reads as follows, including the title:

“§54a
Exchange of information and personal data with European Union Member States when performing the tasks of the customs administration for the purposes of criminal proceedings 

	(1) The customs administration is entitled, when performing tasks for the purposes of criminal proceedings, to request an authority of a European Union Member State authorised to prevent and detect criminal activities, identify perpetrators of and investigate offences (hereinafter referred to as “other Member State’s authority”), if it can be assumed that such information and personal data are available in that Member State.
 	(2) If information and personal data received by the customs administration from other Member State’s authority were provided conditionally, the customs administration is bound by that condition.
 	(3) In order to prevent and detect criminal activities, identify perpetrators of and investigate offences, the customs administration shall provide information and personal data to other Member State’s authority
a) upon its request; or
b) without any request made by such an authority, if it is reasonably believed that such information or personal data will help to prevent or detect criminal activities, identify perpetrator of or investigate offences for which a European arrest warrant may be issued based on its classification in one of the categories pursuant to a separate regulation.46b)
 	(4) The customs administration shall respond to a request for information and personal data
a) within at most eight hours to urgent requests for information or personal data, which pertains to an offence for which a European arrest warrant can be issued based on its classification in one of the categories pursuant to a separate regulation, if such information and personal data are available from information systems directly accessible by the customs administration;
b) within at most seven days to non-urgent requests for information and personal data, which pertains to an offence for which a European arrest warrant can be issued based on its classification in one of the categories pursuant to a separate regulation, if such information and personal data are available from information systems directly accessible by the customs administration;
c) within at most 14 days to regular requests.
 	(5) If the time limits referred to in paragraph 4 cannot be complied with, the customs administration shall provide an explanation to the requesting authority giving reasons for the postponement of provision of information.
 	(6) In the case of an urgent request referred to in paragraph 4(a), the postponement of the provision of information shall not exceed three days.
 	(7) If the information or personal data that should be provided to other Member State’s authority have been obtained through activities authorised or ordered by a court or prosecutor, the customs administration may provide such information or personal data only with prior consent by the court or prosecutor who has authorised or ordered that such information or personal data be obtained.  If the court or prosecutor who has authorised or ordered to obtain such information or personal data does not consent to the provision of such information or personal data to other Member State’s authority, the customs administration shall refuse to provide it.
 	(8) If the information or personal data that should be provided to other Member State’s authority have been obtained through activities authorised or ordered by other authority, the customs administration may provide such information or personal data only with prior consent by the authority which has authorised or ordered that such information or personal data be obtained. If the authority which has authorised or ordered to obtain such information or personal data does not consent to the provision of such information or personal data to other Member State’s authority, the customs administration shall refuse to provide it.
 	(9) If the information or personal data that should be provided to other Member State’s authority has been obtained by the customs administration from another Member State, the customs administration may provide such information or personal data only with prior consent by the Member State which has provided it. If the information or personal data that should be provided has been obtained by the customs administration from a non-European Union country and the provision of such information or personal data requires consent by that non-EU country, the customs administration shall request such consent.
 	(10) The customs administration may refuse to provide information or personal data pursuant to paragraph 3(a), if the provision would
a) pose a threat to the safety of individuals;
b) harm essential security interests of the Slovak Republic;
c) jeopardise the success of a current detection or investigation of a criminal offence;
d) clearly be disproportionate or irrelevant with regard to the purposes for which it has been requested;
e) pertain to an offence punishable by a term of imprisonment of one year or less.
 	(11) The Ministry shall notify the Council and the Commission of any international agreements concerning the exchange of information and personal data within three months of their signature.
 	(12) Details concerning the exchange of information and personal data with authorities of European Union Member States shall be set out in a generally binding regulation to be issued by the Ministry of the Interior of the Slovak Republic.”.
 
	Footnote 46b reads as follows:
“46b) §4(8) of Act No. 403/2004 Coll. on the European arrest warrant and on amendments to certain acts.”.

	2. §59b is inserted after §59a and reads as follows, including the title:

“§59b

Transposing provision

	This Act transposes legal acts of the European Communities and the European Union set out in Annex 3.”.
 
	3. Annex 3 is attached and reads as follows, including its title:
			
							“Annex 3 to Act No. 652/2004 Coll. as amended

THE LIST OF TRANSPOSED LEGAL ACTS OF THE EUROPEAN COMMUNITIES AND THE EUROPEAN UNION

	Council Framework Decision No. 2006/960/JHA of 18 December 2009 on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union (OJ L 386, 29. 12. 2006).”.

Article XII
 
	This Act enters into force on 15 December 2008. 

Ivan Gašparovič 

Pavol Paška 

Robert Fico