אל: 'עודד ברוק' <OdedB@mops.gov.il>
מאת: "Neumann, D." <dietrich.neumann@europol.europa.eu>
תאריך: 26/10/2010 18:11
עותק: "yoamash_elazar@police.gov.il" <yoamash_elazar@police.gov.il>, "'Ira Pinto'" <IraP@justice.gov.il>, "'Eyal Zandberg'" <EyalZ@justice.gov.il>, 'סיגל כספי' <scaspi@police.gov.il>, "police-assist@HAGUE.mfa.gov.il" <police-assist@HAGUE.mfa.gov.il>, "'Hagai
Kesten - Embassy of Israel'" <police@HAGUE.mfa.gov.il>, "Buck de, B." <bart.debuck@europol.europa.eu>, "Donos, P." <pelopidas.donos@europol.europa.eu>, "Quille, M." <michel.quille@europol.europa.eu>, "Ryder, S." <Steven.Ryder@europol.europa.eu>, "Pechtl, H."
<hans-jurgen.pechtl@europol.europa.eu>
נושא: RE: QW12AS12ZX FW:-JSB-opinion---minor-amendments---March-MB-meeting
Dear Oded,
I equally hope that my email finds you well and that you had a good and relaxing summer. Now it's
back to business. You might have been informed already that Europol's Management Board has mandated us to continue with the negotiations regarding three articles of the agreement, which in the meantime have been intensively discussed in several meetings of
the Management Board and its sub-groups. Finally we have reached consensus.
You can find the text for which Europol has received a negotiation mandate in the document attached.
The change proposals which we would like to make relate to Articles 7, 8 and 15 of the draft agreement. These change proposals take into account the internal discussion we had on three issues:
-
our mutual obligations according to international law, in particular human rights and humanitarian law
-
how to handle information which stems from territories brought under Israel's administration after 1967
-
whether or not the agreement should envisage a posting of a Europol Liaison Officer stationed with the Israel
National Police
The position and proposals which we have found, together with MS, after long and detailed discussions,
are the following:
-
to delete Art.7(3), second sentence, which made reference to Europol's obligation not to store data provided
by a third partner which has been obtained in obvious violation of human rights, as this obligation is implicitly repeated in Art. 7(4) (new) - see below
-
to introduce a newly drafted Art.7(4) which makes reference to both parties' obligations under international
law, including humanitarian law and human rights law
-
to consequently delete, in Art. 7(5), the words "its national", as also Israel's obligations under international
law, as outlined in Art. 7(4), would be relevant
-
to insert a new Art.8(2) which requires that Israel clearly marks information as coming from the territories
mentioned in this article
-
to delete Art.15, which foresaw the possibility to send a Europol Liaison Officer to Israel, something which
Europol never has done so far except for the U.S. and Interpol.
After you have read these proposals and may be after you had a first round of internal discussions,
you might wish to contact me directly should you need more information. I think that the proposals are self-explanatory, but, of course, I would be very happy to help. Once we have finalised our joint consultations on these articles, I would send you the draft
agreement as a whole and we would agree on the final text (no further changes than those in the document attached are required or envisaged, as we had successfully concluded the discussions except for the three points mentioned above).
The final text then would be sent via our Management Board to the JSB. If we find agreement in early
November, we could still make it for the plenary session of our Joint Supervisory Body in December, I hope. The next MB in February could then discuss the opinion of the JSB and the agreement would then be sent to Council for approval. After that - signature
(and ratification, you know the drill).
I really hope that you will positively view the proposal we have made and hope that we can successfully
conclude these negotiations and make it a success story. I am not in the office from 28.10 - 2. 11. Bart, however, is in the office on 28/29.10.
All the best,
Dietrich
Dear Bart,
I hope that my email finds you well.
We were very glad to accept your e-mail regarding JSB opinion on the draft agreement between Europol and
Israel
.
We
have checked the two amendments to the text of the draft agreement suggested by the JSB, in Art. 7(3) and in Art. 11(2).
After
examining the suggested amendments , I am happy to notify you that both suggested amendments are acceptable to us
.
We hope that
t his would allow
you to have the agreement approved in the upcoming
MB meeting .
Yours,
Oded Bruck
Deputy to the Legal Advisor
Ministry of Public Security
----- Original Message -----
Sent: Wednesday, March 10, 2010 8:09 PM
Subject: FW: JSB opinion - minor amendments - March MB meeting
From:
סיגל
[mailto:sigalc@netvision.net.il]
Sent: Wednesday, March 10, 2010 8:06 PM
To: 'yoamash_elazar@police.gov.il'
Subject: FW: JSB opinion - minor amendments - March MB meeting
הי אלעזר,
להלן המייל של בארט עם שתי בקשות/הצעות לתיקון. צריך להחזיר תשובה עד מחר בערב אם רוצים שזה
יוגש בפני הועד המנהל של היורופול ב 22/3 ולא ידחה למאי.
לגבי התיקון הראשון – בארט ביקש להדגיש שלא מדובר בסעיף המיועד דווקא לישראל אלא לסעיף ששכחו
להכניס בטיוטה שלנו והוא קיים כמעט בכל ההסכמים עם מדינות צד שלישי. אני לא רואה בעיה.
לגבי התיקון השני, מתייחס למצב בו אחד משני הצדדים אינו מעוניין למחוק מידע ועליו להודיע למשנהו
אודות הסיבות . מאחר שאין לי את הטיוטה לנגד עיני , על פניו נראה לי שאין בעיה בניסוח מאחר שבכל מקרה התחייבנו על כך שנבקש מהם אישור והם מאתנו במידה ונרצה לא למחוק.
אתקשר לעודד ברוק ואבקש את המייל שלו על מנת שיעביר לאירה מחר.
ושוב אני מזכירה שצריך להעביר מענה עד מחר בערב.
סיגל
From:
Hagai Kesten [mailto:hagaikesten@gmail.com]
Sent: Wednesday, March 10, 2010 8:01 PM
To: sigalc@netvision.net.il
Subject: Fwd: JSB opinion - minor amendments - March MB meeting
From:
"Buck de, B." <
bart.debuck@europol.europa.eu >
Date: March 10, 2010 18:23:11 GMT+01:00
To: 'police-assist' <
police-assist@HAGUE.mfa.gov.il >
Cc: "Neumann, D." <
dietrich.neumann@europol.europa.eu >, DPO Data Protection Office <
IMCEAEX-_O=EUROPOL_OU=INTERNET_cn=Recipients_cn=IMT7@europol.eu.int >, "Donos, P." <
pelopidas.donos@europol.europa.eu
>, " 'hagaikesten@gmail.com '" <
hagaikesten@gmail.com >, G2 Strategic & External Affairs <
G2@europol.europa.eu >, "Pechtl, H." <
hans-jurgen.pechtl@europol.europa.eu >, "Padlo, K." <
Katarzyna.Padlo@europol.europa.eu >, "Ryder, S." <
Steven.Ryder@europol.europa.eu >
Subject: JSB opinion - minor amendments - March MB meeting
Dear Hagai,
As a follow-up of our phone conversation,
I am glad to announce you that the JSB has issued the opinion "...that in respect to the draft agreement between Europol
and Israel
,
from a data protection perspective no obstacles exist for the Council to allow Europol conclude the agreement"
.
Another important step in the establishment
of the cooperation agreement, I would say.
The JSB, however, suggested two
minor amendments to the text in order to improve the text of the draft agreement:
·
Article 7(3) - the
JSB suggest s
adding a sentence
imposing upon Europol
an obligation that information which has clearly been obtained by a third State in obvious violation of human rights shall not be processed. Article 7(3) would be therefore be amended as follows:
"(3) Europol shall only supply information to
Israel
which
was collected, stored and transmitted in accordance with the relevant provisions of the Europol Council Decision and its implementing decisions.
In this context Europol will in particular be bound by Article 20 (4) of the Council Decision adopting the implementing rules governing Europol’s relations with partners, including the exchange of personal and classified
information ."
This obligation is imposed upon Europol only and is enshrined in it's legal framework (Article 20.4 of "
Council Decision adopting the implementing rules governing Europol's relations with partners, including the exchange of personal data and classified information
"). This standard provision is used in most of the cooperation agreements Europol has with third States.
·
Article 11(2) - the
JSB suggest s
including in the
last sentence of this Article after the words "each other of the" the words "reasons for":
"…
Europol and the Israel
National
Police shall inform each other of the reasons for
continued storage of such information. "
Such amendment would be in line
with Articles 8(1) and 9(1) of the draft cooperation agreement.
Considering that the deadline for
submission of documents to the March MB meeting has elapsed, we would appreciate if you would be able to examine the suggestions proposed by the JSB and inform us if they are acceptable for you as soon as possible. This would allow us to have the agreement
approved by this MB meeting after which it can be submitted to Council for their authorisation.
Kind regards,
Bart de Buck
G3
Legal Affairs
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