13. člen BCYBTDK

(1)Ta sporazum začne veljati na datum prejema zadnjega od uradnih obvestil po diplomatski poti, s katerima se pogodbenici uradno obvestita, da so izpolnjene vse notranjepravne zahteve za začetek njegove veljavnosti.

(2)Sporazum velja nedoločen čas. Vsaka pogodbenica ga lahko odpove z uradnim obvestilom po diplomatski poti. Sporazum preneha veljati šest mesecev po datumu, ko je ena od pogodbenic prejela tako uradno obvestilo. Podpisano v Nikoziji dne 4. decembra 2002 v dveh izvirnikih v slovenskem, grškem in angleškem jeziku, pri čemer so vsa besedila enako verodostojna. Ob razlikah pri razlagi prevlada angleško besedilo. Za Vlado Republike Slovenije Rado Bohinc l. r. Za Vlado Republike Ciper Alecos Shambos l. r. The Government of the Republic of Slovenia and the Government of the Republic of Cyprus, hereinafter referred to as “the Contracting Parties”, Guided by their endeavour to contribute to the further development of their bilateral relations; Deeply disturbed by the transnational spread of crime; Convinced of the substantial importance of bilateral co-operation in combating and effectively preventing crime, especially the organized crime, illicit drug trafficking and terrorism; Aiming at increasing and harmonizing their joint efforts for combating these phaenomena; Recognizing the mutual advantages of such co-operation for both Parties; Taking into consideration the relevant international treaties to which they are both parties, and especially the Pre-accession Pact on Organized Crime between the Member States of the European Union and the Applicant Countries of Central and Eastern Europe and Cyprus of 28 May 1998, Have agreed as follows: 1. The Contracting Parties shall, subject to their national law, co-operate in the prevention of terrorism, illicit drug trafficking and organized crime, in the detection and prosecution of such forms of crime as well as in the prevention, detection and prosecution of other forms of crime. 2. The Contracting Parties shall co-operate particularly in cases where criminal offences or preparations thereof are committed in the territory of one of the Contracting Parties and the data point to the territory of the other Contracting Party. The Contracting Parties shall co-operate in the detection and suppression of crime, especially organized crime, and shall: a) notify each other of all data on persons involved in organized crime, data on connections between criminals, information about organizations and groups of criminals, about typical behaviour of perpetrators and groups of criminals, about facts, with special attention to the time, place and modus operandi of criminal deeds, about subjects of criminal attack, about special circumstances, about the provisions of the penal codes which were thus violated and about the measures taken – if this is necessary in certain occasions to prevent particular dangerous criminal offences; b) perform certain police activities upon request and in accordance with the national law of the requested Contracting Party; c) co-operate in investigations in accordance with the present Agreement, and the laws of the Contracting Parties through co-ordinated police measures, including mutual assistance in personnel, materials and organization; d) exchange data and experience concerning methods and new forms of criminal activity used in international crime; e) exchange the results of forensic, criminological and other investigations of criminal offences; inform each other of their own investigation practices, as well as of the methods and means in their work, with a view to their further development; f) exchange, upon request, all information on, or specimens of, objects which arise from a criminal offence and of objects which were used for the performance of criminal deeds; g) exchange experts for common and mutual improving of the quality of work as part of the fight against organized crime, for providing opportunities for further education of the experts in order to obtain a higher degree of professional knowledge, and for mutual comprehension of means and methods of the fight against crime and of results of up-to-date criminal police techniques; h) if necessary and in certain investigations, organise meetings concerning the preparations and execution of co-ordinated measures. For the prevention of the illicit cultivation, production, export, import and transit of drugs, psychotropic substances and precursors, as well as the illicit trafficking of such substances, the Contracting Parties, subject to their national law shall: a) communicate to each other any information, relating to persons involved in drug production and trafficking, to drug hideouts, to transportation means and modus operandi, to places of origin and destination of drugs including any other particular details of such criminal offences; b) exchange information concerning usual and new ways of illicit international drug trafficking and any other respective information about it; c) exchange the results of forensic and criminological investigations of drug trafficking and drug abuse; d) exchange samples of new narcotic drugs of vegetal and synthetic origin and of psychotropic substances; e) exchange their experience relating to the supervision of legal trading in drugs, psychotropic substances and precursors with regard to the possibilities to fight the illegal trafficking in such substances; f) harmonize their police measures, permitted by their law, for the prevention of illicit production of narcotic drugs and psychotropic substances; g) on the basis of their national legislation, and international obligations, facilitate the controlled delivery of illicit narcotic drugs and psychotropic substances in order to render possible the arrest of the persons to whom they will be delivered as well as any other persons involved in the trafficking, provided that the necessary information is submitted at least 48 hours prior to the requested action. In order to prevent terrorism, the Contracting Parties shall, subject to their national laws and in consideration of the present Agreement: a) exchange their knowledge and data relating to planned or committed terrorist actions, persons involved, ways of performance and of technical means used in such acts; b) exchange their knowledge and data about terrorist groups and their members who plan, perform, execute or have executed their deeds in the territory of one Contracting Party to the detriment and against the interest of the other Contracting Party. In addition, the co-operation between the Contracting Parties shall include: a) exchange of information regarding the legislation dealing with combating criminal offences included in this Agreement; b) exchange of information concerning benefits that someone obtained by criminal activity; c) exchange of legislation and experience relating to aliens or migration; d) exchange of any information important to one of the Contracting Parties in the fight against trade and illicit trafficking in human beings; e) exchange of any information important for the fight against any other form of serious crime. 1. The competent authorities of the Contracting Parties: on the part of the Republic of Slovenia, the Ministry of Interior, the Ministry of Finance and the Ministry of Health and on the part of the Republic of Cyprus, the Ministry of Justice and Public Order shall co-operate, directly and operatively, in their fields of work and within their competences with a view to the implementation of this Agreement; the specific fields of work and forms of co-operation could be defined by Protocol. 2. The exchange of information between the representatives of the competent authorities shall be performed in English unless they agree otherwise. 1. The following terms and conditions for the protection of personal data, exchanged by the Contracting Parties within their co-operation, shall apply, subject to their national law and in consideration of the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (Strasbourg, 28 January 1981): a) the Contracting Party receiving such data may use it only for the purposes and under the conditions defined by the sending Contracting Party; b) the receiving Contracting Party shall, upon request by the sending Contracting Party, inform the latter of the use of such data and of the results of such use; c) personal data may be delivered only to the competent authorities or organizations dealing with crime suppression and to the competent authorities for the fighting against terrorism, drug-related crimes and organized crime. Such data may be delivered to any other authorities only with the previous written consent of the Contracting Party from which such data originates; d) the Contracting Party sending the requested data must make sure that the data is correct, that the delivery of the data is absolutely necessary and that the delivery is proportionate to the aim of delivery. Consideration should also be taken of the national legislation of the other Contracting Party, restricting the delivery of personal data. Should it turn out that untrue data or data which shouldn’t have been disclosed was delivered, the receiving Contracting Party shall immediately be informed of the fact. The receiving Contracting Party shall correct any untrue data and immediately destroy any data delivered by mistake or improperly; e) upon a request of a rightful claimant, any existing data about her, or him, as well as the planned use thereof, shall be explained to such a person. Giving explanation on personal data is governed by the national law of the Contracting Party giving such data; f) the Contracting Party sending the data shall, upon the delivery thereof, also indicate its terms prescribed by its national law for the erasure of such data. Regardless of the foregoing, any data concerning a certain person shall be erased when the need for it ceases to exist. The Contracting Party that has sent the data shall be informed of the erasure and of the reason for such erasure. All data received shall be destroyed upon the termination of this Agreement; g) the Contracting Parties are obliged to keep record of the delivery, receipt and erasure of personal data; h) the Contracting Parties shall provide efficient protection of any personal data to prevent the access of unauthorised persons to such data and shall not be allowed to alter or publish it. 2. The Contracting Parties shall exchange any information concerning their legislation on the protection of personal data. 1. The Contracting Parties guarantee the confidentiality of any data that was determined as confidential by any of the Contracting Parties, if it was defined as confidential by the law of the State that delivered it. 2. The forwarding of materials delivered in accordance with this Agreement, of data and technical equipment to any third State is possible only upon a written consent of the competent authority of the Contracting Party that originally delivered such data. 1. The Contracting Parties shall establish a Joint Committee for the promotion and evaluation of the co-operation under this Agreement. The Contracting Parties shall inform each other through diplomatic channels of the composition of the Joint Committee. 2. The Joint Committee shall hold meetings when necessary at the initiative of either Contracting Party. The Committee will hold its meetings alternately in the Republic of Slovenia and the Republic of Cyprus. Either Contracting Party may deny, in whole or in part, its co-operation and its support or may set certain conditions therefor, if this is restricted by its national law and if it endangers the security or other essential interests of its State. The Contracting Parties hereby authorize their respective Ministers of Justice and Public Order and of the Interior to appoint each one person who will keep the contacts with the competent authorities of the other Contracting Party. The provisions of the present Agreement do not affect the implementation of provisions of other bilateral or multilateral international treaties concluded by the Republic of Slovenia or the Republic of Cyprus. 1. The present Agreement shall enter into force on the date of the receipt of the latest notification, through the diplomatic channels, by which the Contracting Parties notify each other of the fulfilment of all internal legal requirements necessary for its entry into force. 2. The present Agreement shall remain in force for an indefinite period. Either Contracting Party may terminate the present Agreement by notification through diplomatic channels. The Agreement shall cease to have effect six months after the date of receipt of such a notification by one Contracting Party. Signed in Nicosia on the 4th day of December 2002 in two original copies in the Slovenian, Greek and English language, each text being equally authentic. In the case of divergence in interpretation, the English text shall prevail. For the Government of the Republic of Slovenia Rado Bohinc, (s) For the Government of the Republic of Cyprus Alecos Shambos, (s)3. člen Za izvajanje sporazuma skrbi Ministrstvo za notranje zadeve Republike Slovenije.