|
PREMISE
THE CHIEF COMMANDER OF THE ITALIAN CARABINIERI CORPS,
THE GENERAL DIRECTOR OF THE SPANISH GUARDIA CIVIL, THE GENERAL DIRECTOR
OF THE FRENCH NATIONAL GENDARMERIE, THE CHIEF COMMANDER OF THE PORTUGUESE
NATIONAL REPLUBICAN GUARD, THE CHIEF COMMANDER OF THE TURKISH GENDARMERIE,
THE CHIEF COMMANDER OF THE DUTCH KONINKLIJKE MARECHAUSSEE, THE COMMANDER
OF THE MOROCCAN ROYAL GENDARMERIE,
HAVING DETERMINED that establishing some form of political,
economic and judicial co-operation between European and Mediterranean
Countries would provide an opportunity to enhance in-depth reciprocal
knowledge on security objectives of common interest;
TAKING INTO CONSIDERATION the desire to enhance relationships
between the respective Institutions expressed in MADRID on May 12, 1994
with the undersigning of a Common statement ;
HAVING DETERMINED the need to ensure that the European
Convention for Human Rights is applied and common ethical regulations
are used when exercising prerogatives and institutional authorities;
NOTING the intentions expressed during the meeting
of General Directors and Chiefs Commanders held in MADRID on 20 October,
1998 and the results of the work carried out by the commissions during
1999, which confirmed and highlighted the reciprocal interests and needs;
HAVING DETERMINED lastly, the structural and organisational
similarities, as well as the relationship between the institutional tasks
and operational missions assigned
AGREE
On the feasibility of combining efforts and proceeding, in accordance
with international agreements and national laws, with the establishment
of an Association which will be referred to as the Association of the
European and Mediterranean Police Forces and Gendarmeries with Military
Status (FIEP).
[Top]
Art 1
(General)
This Agreement governs the purpose, territorial limits, elements and
their respective authority, the functional procedures of the Association
of the European and Mediterranean Police Forces and Gendarmeries with
Military Status (FIEP) as well as procedures for admission and those for
revising the Agreement.
[Top]
Art 2
(Requirements and Territorial Limits)
The Association, founded in 1994 by the Italian Carabinieri Corps, the
Spanish Civil Guard and the French National Gendarmerie, is open to all
Police Forces and Gendarmeries under military code of the Countries members
of the Council of Europe and other Mediterranean Countries willing to
develop a reciprocal form of collaboration in those sectors indicated
in subsequent Art.3.
[Top]
Art 3
(Scope of the Association)
This Association facilitates understanding between participating Instituions
with the intention of pursuing and strengthening relationships and established
bonds, promoting innovative and active ideas on the type of police co-operation,
strengthening reciprocal solidarity and enhancing external organisational
and structural models, agrees in accordance with current international
agreements and national regulations, to exchange information and experiences
in the following sectors :
- Human ressources;
- Service Organisation;
- New Technologies and Logistics;
- European Affairs.
[Top]
Art 4
(Associational Elements)
Elements of the Association are :
- the senior council of General Directors and Chief Commanders, which
is responsible for evaluating the condition of the relationships, directing
further activities and defining the objectives to be achieved;
- the Chair, who is responsible for representing the Association and
conducting all activities generated by the decisions made. In order
to perform the tasks assigned during the one-year mandate, the Chairman
is assisted by the Secretary of the Chairman, which is competent for
the tasks indicated in Art. 12 below. To ensure reliable interface with
other bodies and to simplify contacts with the Association, considering
the rotation determined for upper management level, a Contact Point
is established by an institution which is an effective member of the
Association; the mandate will last at least three years and this Contact Point will be responsible for transmitting all communications received
from third party organisations directly to the Secretary of the Chairman,
where they will be dealt with as necessary;
- the Commissions of Representatives of the member Institutions, one
for each sector involved.
[Top]
Art 5
(the Senior Council of General Directors and Chief Commanders)
The Senior Council of General Directors and Chief Commanders is made up
of members of Police Forces and Gendarmeries who are effective members
of the Association and during the annual meeting it defines the general
policy and program for each commitment made by the Association. The members
unanimously accept the decisions, which are formalised at the end of the
annual meeting by the signing of a Common Statement. Each member may
put off internal implementation of any decision.
The above mentioned official meeting is usually preceded by a co-ordination
meeting which aims at examining matters of interest. During this meeting
the agenda is established for those issues, which will be brought to the
attention of the General Directors and Chief Commanders, evaluated and possibly
approved.
If necessary, for urgent and important matters, the Chairman may call
a special general meeting, after having obtained the opinion of all effective
members.
[Top]
Art.6
(Annual Chairman of the Association)
The Chairman of the Association has a one-year mandate and all effective
members will in turn cover this position on a rotational basis, according
to the schedule attached in Annex 1 of this Agreement.
The country which currently holds the Chair is responsible for arranging,
organising and hosting preparatory activities as well as the Meeting of
the Senior Council of the General Directors and Chief Commanders which
usually takes place around the end of October each year. At the end of
the above-mentioned international meeting, another Institution, an effective
member of the Association, will take on this function based on the turns
established.
Apart from representing the Association, the Chairman is the element responsible
for the smooth flow and co-ordination of all initiatives, and therefore
is called upon to oversee, control and evaluate the programs decided by
the Senior Council, assisted by the Secretary of the Chairman.
The outcome of the mandate, as it relates to activities carried out and
the direction of future programs, is contained in Art.5 of the Common Statement.
[Top]
Art.7
(The commissions. Working Procedures)
Four Commissions have been formed with the purpose of initiating a collaboration
between active sectors, enhancing common patrimony through experience,
co-ordinating exchanges, encouraging study and detailed planning of initiatives
to be carried out, presenting request to organisations of the European
Community in order to develop combined activities.
Each Commission is hosted and presided, on a rotational basis, by an effective
member based on an appropriate agenda. It meets once a year and operates
in line with directives received from the Chairman, together with the
Secretary of the Chairman and in accordance with instructions provided
by the Senior Council.
At the end of each year, the Secretary of the Chairman presents the results
of the work performed by the Commissions, together with the plans proposed
for any particular sector - notified by the hosting Institution of the
specific exchange activities- the Senior Council of the General Directors
and Chief Commanders for approval.
[Top]
Art.8
(Attributions of the Human RessourcesCommission)
The Human Ressources Commission:
- is in charge of:
- * organising annual meeting/seminars for personnel in charge of training
and recruitment;
- * harmonising recruitment policies by exchanging statistical data (selection
tests, level of candidates, etc.) and updating respective regulations;
- * comparing training methods and programs used by the training bodies
for the various categories, as well as exchanging training documentation
for mutual personnel training ;
- as well as promoting:
- * intensification of contacts among specialists in the field of mountain
rescue, dog activities and scientific and judicial police.
- Internal exchange among Special Intervention Units which come under
this category ;
* circulating of respective experiences in the following field:
.. environmental police ;
.. coast surveillance ;
.. public order enforcement training ;
* exchange of Schools representatives and instructors ;
* linguistic courses ;
* twinning of Training Institution ;
* refresher courses for personnel, due to the continuous progress made
in operational and defence techniques within the various sectors of institutional
interest.
[Top]
Art.9
(Attributions of the service Organisation Commission)
The Service Organisation Commission works towards:
- exchanging information and experience in the field of regulations and
operations, legislative and regulatory texts, investigative techniques
which refering to :
* scientific investigations ;
* environment and artistic heritage protection ;
* fight against drug, criminal organisations, terrorism and illegal immigration
through :
.. contacts among authorities ;
.. visits, courses and meetings even held periodically with the various
units ;
- promoting collaboration in the following sectors :
* coast surveillance ;
* underwater activities ;
* bomb disposal/anti-sabotage ;
* border police ;
* exchanging experience gained by participating in international peace
keeping missions ;
- examining problems regarding the enforcement of Public Order aiming
at harmonizing the method used to organise and conduct operations ;
- intensifying contacts in the field of Public Relations
[Top]
Art.10
(Attributions of the New Technologies and Logistics Commission)
The New Technologies and Logistics Commission promotes the exchange of
respective knowledge and studies in the field of :
- materials, with regard to :
* protection and intervention equipment ;
* technical means for listening, surveying and locating objectives ;
* forensic systems in criminal laboratories (DNA, voice and fingerprint
identification, post mortem entomology and other matters of common interest)
;
- computer science, through :
* research of standardized hardware and software systems ;
* exchange of experiences in the use of internet/intranet for operational
and judicial purposes ;
* developments of advanced systems for processing data and pictures ;
* system protection ;
- telecommunications regarding :
* system digitalization ;
* cross-border connections ;
* HF systems ;
* protection of communications ;
- means of transportation.
[Top]
Art.11
(Attributions of the European Affairs commission)
The European Affairs Commission is formed by the Institutions that are
part of the Association and represents countries which are members of
the European Union. The European Affairs Commission, having considered
the suggestions proposed by the members, has the task to select the projects
of common interest, to identify which members (minimum 2) will introduce
the project to the competent European Institutions in order to obtain
approval.
The Institutions which are part of this Association but belonging to countries
which are not members of the European Union, may only participate in the
work of the Commission as observers.
[Top]
Art.12
(Attributions and working procedures for the Secretary of the Chairman)
The Institution holding the chair will set up, for the duration of a one-year
mandate, a Secretary of the Chairman located at its Directorate/Headquarters
that will :
- conduct all activities generated by this Agreement ;
- facilitate contacts among the Commissions ;
- act as liaison with the central offices nominated by each Institution.
The above body is :
- responsible for drafting all necessary documentation and carrying out
any consequential bureaucratic activities, in line with accomplishment
of the tasks assigned ;
- basically formed by representatives, designated by the Host Country,
who are competent in the fields of operations, training, recruitment,
logistics, computer science and public relations.
The officers indicated by the countries as points of reference are also
members of the Secretary of the Chairman. These may be represented, if
needed be, by Liaison officers to the Institution holding the Chair.
In particular, the Secretary of the Chairman :
- organises and coordinates combined activities and any related accomplishments
as well as all preparatory meetings;
- represents a point of reference for collecting and distributing reports
and information ;
- acts as a centre for preparing minutes of meetings held by the Senior
Council of the General Directors and Chief Commanders and makes sure that
any action resulting from the decisions made under these circumstances
be carried out by preparing the Common Statement ;
- makes sure that action be taken on the decisions made by the Commission,
by obtaining a report with the results of the activities carried out and
any commitments programmed, from the Institutions that annually host the
respective meetings;
- examines general or specific proposals and requests presented by the
signatories ;
- constitutes - in synthesis - an office responsible for collecting and
managing all matters and problems related to exchange activities decided
and conducted by members.
Apart from other tasks for which it is responsible, this office of co-ordination
also receives all communications forwarded by third party organisations
through the Contact Point mentioned in Art.4.
For timely implementation of the activities described above, specific
computer connections are also available, through similar operational systems,
between the Institutions members institutions of the Association.
[Top]
Art.13
(Bilateral Exchanges of personnel)
To enhance reciprocal relations and promote collaboration amongst the
sectors indicated in Art.3, a personnel exchange program is established
between the Parties, within the frame of specific Technical Agreements
to be prepared.
The Exchange Agreement will be submitted to the approval by National Authorities'
.
[Top]
Art.14
(Procedures for admission into the Association and the relationships between
effective members and observers)
Any Institution meeting the requirements and located in the Euro-Mediterranean
geographical area indicated in Art.2, may become a member of the Association.
The application for membership must be presented to the Institution running
the annual Chair, who will then notify all the effective members, in order
to make an appropriate evaluation.
Admission of a new member is decided unanimously during the Meeting of
the Council of General Directors and Chief Commanders and becomes official
in the Common Statement, after theapplying country has spent a sufficient
period of time as an observer.
The above-mentioned period of time, that lasts at least 1 year, is needed
to fully verify the structural similarities and institutional affinity
of the Police Force/Gendarmerie candidate, to ensure successful future
collaboration.
The observer members may participate in the work of the Commission as
established by Art. 7,8,9,10 and 11.
Each effective member has the right to one vote.
membership is lost:
- by resignation;
- by decision of theSenior Council of the General Directors and Chief
Commanders, as a result of a failure to adhere to the instructions contained
in this Agreement.
[Top]
Art.15
(Revision procedures)
Any proposal to modify the current Agreement is addressed to the Secretary
of the Chairman in turn, who will take action by transmitting the proposal
to all members of the Association, for examination. Acceptance, which
must have the consent of all effective members, become official when published
in the Common Statement of the General Directors and Chief Commanders.
[Top]
Art.16
(Working language)
The working language for official communications and the preparation of
documents indicating the common will of the members of the Association
is English. Nevertheless, communications and documents above-mentioned
are written either in national or working language.
The hosting country can determine the meeting language and in this case
it will take necessary mesures to translate meeting into English.
[Top]
Art.17
(Final instructions)
All members of the Association on this date of october 20, 1999 approve
this agreement, once viewed and examined.
Each new member - upon admission - must meet the requirements of the current
agreement and explicitly declare acceptance.
[Top]
|