Vabariigi Valitsus — Leping Eesti Vabariigi valitsuse ja Rootsi Kuningriigi valitsuse vaheliseks arengualaseks koostööks ja tehnilise abi osutamiseks Justiitsministeeriumi ja Siseministeeriumi valitsemisalas — RT II, 1999, 1, 1

Vabariigi Valitsuse 11.12.1998 korraldus nr 1206 lepingu eelnõu heakskiitmise kohta Välisministeeriumi teadaanne välislepingu jõustumise kohta Eesti Vabariigi valitsus ja Rootsi Kuningriigi valitsus, edaspidi nimetatud lepingu osapooled, olles teadlikud organiseeritud kuritegevuse, illegaalse narkokaubanduse ja psühhotroopsete ainete salakaubanduse kasvavast riskist, ning sellest, et siseriiklik ja rahvusvaheline terrorism kujutavad endast kasvavat ohtu, millega võitlemiseks on vaja laiaulatuslikku ja efektiivset rahvusvahelist koostööd, olles teadlikud Eesti vajadustest ette valmistada Euroopa Liiduga Ühinemist, leiavad seega vajaliku olevat tugevdada ja arendada koostööd ning abi Justiitsministeeriumi ja Siseministeeriumi valitsemisalas, juhindudes võrdsuse, vastastikkuse ja kasulikkuse printsiibist osapoolte vahel, on kokku leppinud alljärgnevas; Artikkel 1 Kumbki osapool kohustub siseriikliku seadusandluse raames ellu viima Justiitsministeeriumi ja Siseministeeriumi valitsemisalas juurdelisatud tegevusplaani koostöö ja tehnilise abi valdkonnas, edaspidi nimetatud Tegevusplaan. Tegevusplaan on käesoleva lepingu lahutamatuks osaks. Artikkel 2 Kumbki osapool kohustab Tegevusplaanis kaasatud ametkondi vastutama plaani elluviimise eest. Artikkel 3 Tegevusplaani ellurakendamise tulemuste vastastikust hindamist teostavad kord aastas Rootsi Kuningriigi justiitsminister ning Eesti Vabariigi siseminister ja justiitsminister. Artikkel 4 Käesolev leping jõustub lepingu allakirjutamise momendist ja kehtib kuni 31. detsembrini 2001. Leping kehtib kuni vähemalt üks lepingu osapool avaldab kirjalikult soovi selle lõpetamiseks. Lõpetamine jõustub kolme kuu möödumisel vastavasisulise teate saamisest. Kui lepingu osapooled kokku lepivad, võib lepingut muuta või täiendada järgides kokkulepitud kirjalikku protseduuri. Sõlmitud Tallinnas 11. detsembril 1998. a kahes eksemplaris eesti, rootsi ja inglise keeles, kusjuures kõik kolm lepinguteksti on võrdväärsed. Erinevate tõlgenduste puhul loetakse õigeks inglisekeelne tekst. Eesti Vabariigi valitsuse nimel Rootsi Kuningriigi valitsuse nimel Olari TAAL siseminister Paul VARUL justiitsminister Laila FREIVALDS justiitsminister Agreement between the Government of the Republic of Estonia and the Government of the Kingdom of Sweden on development co-operation and technical assistance in the area of Justice and Home Affairs Done on the 11th day of December 1998 at Tallinn The Government of the Republic of Estonia and the Government of the Kingdom of Sweden, hereinafter called the Contracting parties, being aware of the growing risk that the spread of organized crime, illegal trafficking in narcotic drugs and psychotropic substances, national and international terrorism constitute a threat requiring broad and effective international co-operation in order to combat it, recognizing the need for Estonia to prepare for membership in the European Union, finding it therefore a matter of necessity to strengthen the development co-operation and technical assistance in the field of Justice of Home Affairs, being guided by principles of equality, reciprocity and benefit to both Contracting Parties, have agreed as follows: Article 1 Within the framework of their national legislations, each Contracting Party undertakes to implement the attached Action plan on development co-operation and technical assistance in the area of Justice and Home Affairs, hereinafter called the Action plan. The Action plan is an integral part of this agreement. Article 2 Each Contracting Party commissions the authorities included in the Action plan to be responsible for the implementation. Article 3 A mutual evaluation of the implementation of the Action plan shall be carried out annually by the Ministers of Interior and Justice of the Republic of Estonia and the Minister of Justice of the Kingdom of Sweden. Article 4 This Agreement shall enter into force directly upon signature and remain in force until 31 December 2001. It shall remain in force unless terminated by written notification from either one of the Contracting Parties. The termination will be effective at the expiration of three months after the date of receiving such a notification. If the Contracting Parties so agree, amendments and additions may be introduced into the Agreement by a written procedure. Done at Tallinn on the 11th day of December 1998 in duplicate in Estonian, Swedish and English languages, the three texts being equally authentic. In case of divergency of interpretation the English text shall prevail. On behalf of the Government of the Republic of Estonia On behalf of the Government of the Kingdom of Sweden Olari TAAL Minister of Interior Paul VARUL Minister of Justice Laila FREIVALDS Minister of Justice Action plan on development co-operation and technical assistance in the area of Justice and Home Affairs between Estonia and Sweden Background This Action plan is the result of discussions held between the concerned Ministries and authorities of Estonia and Sweden on 25 September and 29 October 1998. The meetings were held in Tallinn. The Action plan establishes the programmes and projects which should be undertaken, the funding arrangements and the concerned bodies and authorities. Each programme or project includes information on the co-operating authorities and the expected time table for the implementation. This Action plan is a minimum list, and does not prevent that additional projects might be elaborated. Programmes and projects The following programmes and projects will be implemented according to the respective time-tables. The time-tables vary in length due to the fact that some programmes are intended to continue throughout the period 1999–2001. One programme could also consist of several different projects with different time-tables and linked to each other or run in parallel. For a better overview the programmes and projects have been divided up in the following main areas: police co-operation, drugs, judicial co-operation and horizontal projects. The aim is, as much as possible, to link together the different relevant parts of the legal sector rather than creating separate projects for each authority. Furthermore, several of the projects consist of long term commitments. The action plan both includes projects under implementation and project proposals to be implemented. Funding Project proposals will be subject to financial screening and formal decisions for funding by the Swedish International Development Cooperation Agency (Sida). Concerned bodies and authorities The action plan covers development co-operation and technical assistance between the following bodies and authorities. Additional bodies and authorities may be added if needed: Estonia Ministry of Interior (including the following authorities) Police Board Security Police Board Board of Border Guard Citizenship and Migration Board Rescue Board Ministry of Justice (inluding the following authorities) Prison Board Office of the Prosecutor-General Sweden Ministry of Justice Ministry for Foreign Affairs National Courts Administration National Police Board Office of the Prosecutor-General National Prison and Probation Administration National Council for Crime Prevention Police co-operation Projects under implementation Project title: Illegal migration Aim with the project: Improve skills in the handling of false documents Results: Completed a training course in the handling of false documents, equipment in place Co-operating authorities: Estonian Ministry of Interior Estonian Border Guard Estonian Citizenship and Migration Board Swedish National Police Board Swedish Immigration Board Implementation: Ongoing Expected end of implementation: September 1998 Evaluation to be carried out in February 1999 Possible continued project to be elaborated Project title: The Baltic Sea Region Money Laundering and Asset Tracing Project (Phare) Aim with the project: To establish a Financial Intelligence Unit (FIU) in Estonia Results: Anti-money laundering legislation developed. FIU:s established. Training of personnel in FIU:s completed. International co-operation in the field strengthened. Co-operating authorities: Ministry of Interior of Estonia Estonian Police Board Swedish National Police Board Ministry of Interior, Finland (project manager) Ministry of Justice, the Netherlands Implementation: Ongoing (Joint project with Estonia, Latvia and Lithuania) Expected end of implementation: July 1999 Project title: Forensic training Aim with the project: To carry out a 13-week training programme in forensics. Results:Improved knowledge in securing evidence at the crime scene. Enhanced overall knowledge in forensic science. Co-operating authorities: Ministry of Interior of Estonia Swedish National Police Board Implementation: Ongoing Expected end of implementation: September 1998 Evaluation to be carried out in March 1999 Possible continued project to be elaborated. Project title: Nordic Baltic Police Academy (1998 Curriculum) Aim with the project: Implementation of training courses according to curriculum. Results: Completion of the following curriculum – Crime scene and laboratory investigation – Stress crisis and management – Environmental law for police in the Baltic States – Police Management – Sexual Abuse and Assaults against children – Negotiation in a dangerous situation – Money laundering: A consequence of economic crime Co-operating authorities: Ministry of Interior of Estonia Estonian Police Board Swedish National Police Board Implementation: Ongoing Expected end of implementation: June 1999 Projects to be implemented Project title: Nordic Baltic Police Academy (1999 Curriculum) Aim with the project: Implementation of training courses according to curriculum. Results: Completion of curriculum to be defined Co-operating authorities: Ministry of Interior of Estonia Estonian Police Board Swedish National Police Board Swedish National Police Academy Implementation: In co-ordination with the Nordic partners Final project document ready: September 1999 Expected start of implementation: September 1999 Expected end of implementation: December 1999 Project title: Special forces: Training and equipment Aim with the project: To develop the training of special forces and to make their work more efficient. Results: Developing and improving the tactics, finding and removing of weaknesses. Possible equipment delivered. Co-operating authorities: Ministry of Interior of Estonia Estonian Security Police Board Estonian Police Board Estonian Rescue Board Swedish National Police Board Implementation: Project document ready: June 1999 Expected start of implementation: September 1999 Project title: Forensics: Investigation of bomb explosions Aim with the project: Train and equip the relevant Estonian authorities in the investigations of the post blast scene (bomb explosions). Results: Completed training in investigations of bomb explosions. Delivered specified forensic equipment for a mobile laboratory possibly including an Ionscan). (Bus to be provided by Estonia.) Co-operating authorities: Ministry of Interior of Estonia Estonian Security Police Board Estonian Police Board Estonian Rescue Board Implementation: Final project document ready: February 1999 Expected start of implementation: April 1999 Expected end of implementation: December 1999 Project title: Phare Eastern Border Management Project Aim with the project: To improve the capacity of the border management authorities in Latvia, Estonia and Lithuania. Results: Improved organisational skills. Completed management training. (Swedish part) Co-operating authorities: Ministry of Interior of Estonia Police Board of Estonia Border Guard of Estonia Swedish National Police Board Immigration Board of Denmark (co-operating partner) Implementation: Final project document ready: September 1998 Expected start of implementation: March 1999 Expected end of implementation: April 1999 Project title: Police Management System Aim with the project: Training of Estonian police authorities how to raise effectiveness in police management, development planning and methodological work. Swedish experiences and methods are given and analysed. Results: Training and co-operative joint project activities on the following topics: – planning of development in police organisation; – analysis on work performance; determination of key criteria for analysis; – inspection of police prefectures and evaluation of their efficiency; – strategic analysis on crime situation and police performance; – elaboration of management methodology for uniformed and criminal police; – planning of command and control in large scale police operations; Co-operating authorities: Ministry of Interior of Estonia Estonian Police Board Swedish National Police Board Implementation: Final project documentation ready: February 1999 Expected start of implementation: April 1999 Expected end of implementation: December 1999 Drugs Projects to be implemented Project title: Narcotics project – Advanced (training) Aim with the project: To enhance the means for assessing the drug situation in Estonia and to improve the quality of investigations of drug related crimes. Results: Training completed. Possible equipment. Co-operating authorities: Ministry of Interior, Estonia Estonian Police Board Office of the Prosecutor-General, Estonia Swedish National Police Board Office of the Prosecutor-General, Sweden Implementation: Final project document ready: September 1999 Expected start of implementation: November 1999 Expected end of implementation: February 2000 Project title: Synthetic drugs profiling project in the Baltic Sea Region within the Phare programme (The amphetamine project) Aim with the project: To implement a harmonised system for profiling synthetic drugs in order to determine the location of origin. (Project developed by Sweden and Poland within the framework of the Task-Force on Organized Crime in the Baltic Sea Region.) Results: Harmonised profiling system established. Co-operating authorities: Ministry of Interior Police Board of Estonia Swedish National Police Board National Central Police Bureau of Poland Implementation: Final project document ready: November 1998 Expected start of implementation: February 1999 Expected end of implementation: December 1999 Judicial co-operation Projects under implementation Programme title: Twinning programme for prisons Aim with the programme: Bringing the Estonian Prison System in conformity with international standards and especially the European Prison Rules. Results: Improved knowledge in management, delegation and information routines, personnel policy and local staff training, routines for debriefing, drugs and how to work with the problem in prisons, ways of increasing the occupational rate of the prisoners, security routines, and the use of alternatives to imprisonment, the integration of duties of different categories of staff. Co-operating authorities: – Ministry of Justice, Estonia – Estonian Prison Board – Swedish Prison and Probation Administration – Central Prison in Tallinn and Kronoberg Remand Prison in Stockholm – Tallinn Prison and Hall Prison in Södertälje – Rummu Prison and the Local Prison and Probation Administration in Norrköping Implementation: Ongoing Expected end of implementation: March 1999 Project title: Mutual Legal Assistance and Extradition (Joint Baltic Phare Project) Aim with the project: Inception project for establishing the needs in the area of mutual legal assistance in criminal matters and extradition. Results: Problems in the area identified. A project plan completed. Co-operating authorities: Ministry of Justice, Estonia Office of the Prosecutor-General, Estonia Ministry of Justice, Finland (project manager) Ministry of Justice, Sweden Ministry for Foreign Affairs, Sweden Ministry of Justice, France Implementation: Final project document ready: August 1998 Expected start of implementation: January 1999 Expected end of implementation: December 1999 Programme title: Day-to-day co-operation between the Ministry of Justice of Estonia and the Ministry of Justice of Sweden Aim with the programme: To assist in every day business of the Ministries. Results: Strong and direct links established between concerned civil servants in the Ministries. A model for direct co-operation in full implementation. Co-operating authorities: Ministry of Interior, Estonia Ministry of Justice, Estonia Ministry of Justice, Sweden Implementation: Expected end 1:st phase: January 1999 Final project document (2:nd phase) ready: January 1999 Expected start of implementation: February 1999 Expected end of implementation: June 2000 Projects to be implemented Programme title: Continued twinning programme for prisons Aim with the programme: Bringing the Estonian Prison System in conformity with international standards and especially the European Prison Rules. Results: Improved knowledge in management, delegation and information routines, personnel policy and local staff training in accordance with the Council of Europe Recommendation on staff concerned with the implementation of sanctions and measures, routines for debriefing, drugs and how to work with the problem in prisons, how to develop vocational training and social work within the prisons, security routines and the use of alternatives to imprisonment, the integation of duties of different categories of staff and co-operation with the Probation Service. Co-operating authorities: – Ministry of Justice, Estonia – Estonian Prison Board – Swedish Prison and Probation Administration – Central Prison in Tallinn and Kronoberg Remand Prison in Stockholm – Tallinn Prison and Hall Prison in Södertälje – Rummu Prison and the Local Prison and Probation Administration in Norrköping – The new prison in Tartu may be involved during the programme. Implementation: Final project document ready: January 1999 Expected start of implementation: March 1999 Expected end of implementation: December 2001 Project title: Courts Administration Aim with the project: Establish a methodology for the evaluation of the efficiency of the courts, preparation of training programmes for judges, improved knowledge in electronical court information systems. Results: Training programmes prepared. Evaluation system of the efficiency of the courts established. Co-operating authorities: Ministry of Justice, Estonia (in co-operation with the Supreme Court of Estonia) National Courts Administration, Sweden Implementation: Final project document ready: March 1999 Expected start of implementation: May 1999 Expected end of implementation: May 2000 Horizontal projects Projects to be implemented Programme title: Horizontal third pillar co-operation programme Aim with the programme: To provide training in third pillar issues to Ministry officials. Results: First targeted training to be carried out in the beginning of 1999. Building on that a programme will be elaborated. Co-operating authorities: Ministry of Justice, Estonia Ministry of Interior, Estonia Ministry of Justice, Sweden Implementation: First targeted project document ready: January 1999 Expected start of implementation: February 1999 Final programme document ready: April 1999 (building on the experience of the targeted project) Expected start of implementation: May 1999 Expected end of implementation: May 2000 Programme title: The Schengen Convention in practice Aim with the programme: Exchange of information and study visits concerning the Schengen Convention in practice (Phase I). Preparation of a long term programme (Phase II). Results: Phase I: A first exchange of experiences (a number of workshops) and study visits to be carried out concerning the Swedish implementation of the Schengen Convention. The work shops could include information on the need for improvement of relevant legislation, organizing of immigration control and passport control procedures at external borders according to the demands of the Schengen Convention. Phase II: Building on the workshops and study visits preparation of a joint project plan concerning practical Schengen issues (possible joint Nordic project) Co-operating authorities: Ministry of Interior, Estonia Estonian Board of Border Guard Estonian Police Board Estonian Citizenship and Migration Board Swedish National Police Board Implementation: Final project document ready (Phase I): March 1999 Expected start of implementation (Phase I): May 1999 Final project document ready (Phase II): August 1999 Expected start of implementation (Phase II): October 1999 Expected end of implementation: December 2000 Programme title: Crime analysis and crime prevention programme Aim with the programme: To improve the capacity of crime statistics and crime analysis including the use of criminological data and information in national crime policy and in the legal sector, inter alia in police work and crime prevention programmes. Results: Phase 1: Identify the issues to be solved and areas for co-operation and complete a project plan for the programme. Phase 2: Implementation of the Programme Co-operating authorities: Ministry of Justice, Estonia Ministry of Interior, Estonia Swedish National Council for Crime Prevention Implementation: Phase 1: Final inception project document ready: March 1999 Expected start of implementation: May 1999 Expected end of inception project: October 1999 Phase 2: Final programme document ready: October 1999 Expected start of implementation: December 1999 Expected end of implementation: December 2000 Possible extension Projects to be further discussed Projects concerning the management of crisis, the fight against corruption and civil enforcement will be further discussed and planned.