Traduction de «agreement on mutual legal assistance » (Anglais → Français) :

On 19 February 2009 the General Secretariat of the Council notified the United States of America of the designations pursuant to Articles 2(3) and 10(2) of the Agreement on extradition and pursuant to Articles 4(3) and 8(2)(b) of the Agreement on mutual legal assistance, as well as of limitations invoked under Article 4(4) of the Agreement on mutual legal assistance,

Council Decision 2009/820/CFSP of 23 October 2009 on the conclusion on behalf of the European Union of the Agreement on extradition between the European Union and the United States of America and the Agreement on mutual legal assistance between the European Union and the United States of America.

Article 3(3) of the Agreement on mutual legal assistance provides a similar obligation for those Member States that do not have a bilateral mutual legal assistance treaty with the United States.

10. Underlines that sharing of data and information can be a valuable tool in the international fight against terrorism and related crime, but stresses that the sharing of personal data must take place within a proper legal framework containing clear rules and conditions, ensuring adequate protection of the privacy and civil liberties of individual citizens, and providing for mechanisms for obtaining redress where necessary, and that such data sharing should be based on a binding international agreement with full involvement of Parliament and Congress; stresses that the necessary data exchange should be in accordance with the existing EU-US agreement on mutual legal assistance and extra ...[+++]dition and in compliance with EC and EU data protection legislation and should be accompanied by coordination between intelligence and law enforcement agencies, even where appropriate at operational level, and by judicial cooperation through the EU-US agreement on mutual legal assistance and extradition;

9. Strongly regrets that the agreements on Passenger Name Records, SWIFT and the existence of the US Automated Targeting System have led to a situation of legal uncertainty with regard to the necessary data protection guarantees for data sharing and transfer between the EU and the US for the purposes of ensuring public security and, in particular, preventing and fighting terrorism; stresses that data should be exchanged where necessary in accordance with the existing EU-US agreement on mutual legal assistance and extradition and in compliance with EC and EU data protection legislation; believes that the sharing of personal data must ta ...[+++]ke place on a proper legal basis, linked to clear rules and conditions, and must be covered by adequate protection of the privacy and civil liberties of individual citizens;

The draft agreement on mutual legal assistance includes an extensive provision on data protection, which is broadly modelled on Article 23 of the Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union.