Article 76. Scope of Cooperation
The cooperation may, in addition to the exchange of personal data under the conditions laid down in this Chapter and in accordance with the tasks of Europol as defined in the Europol Regulation, in particular include:
a) the exchange of information such as specialist knowledge;
b) general situation reports;
c) results of strategic analysis;
d) information on criminal investigation procedures;
e) information on crime prevention methods;
f) participation in training activities; and
g) the provision of advice and support in individual criminal investigations as well as operational cooperation.
Article 77. National Contact Point and Liaison Officers
1. The national contact point of the United Kingdom to Europol, designated pursuant to Article 568(1) of the Trade and Cooperation Agreement, shall act as the central point of contact between Europol and the competent authorities of the United Kingdom, in respect of Gibraltar.
2. The exchange of information and notifications between Europol and the competent authorities of the United Kingdom, in respect of Gibraltar, shall, except where direct exchange of information is necessary in urgent cases and is considered appropriate by both Europol and the relevant competent authority of the United Kingdom, in respect of Gibraltar, take place between Europol and the national contact point referred to in paragraph 1.
3. The national contact point referred to in paragraph 1 shall also be the central point of contact in respect of review, correction and deletion of personal data.
4. Liaison officers seconded by the United Kingdom to Europol, pursuant to Article 568(4) of the Trade and Cooperation Agreement, may also facilitate the cooperation established under this Chapter with regard to the United Kingdom, in respect of Gibraltar. A liaison officer seconded by Europol to the United Kingdom may also facilitate the cooperation with regard to the United Kingdom, in respect of Gibraltar.
5. The United Kingdom shall ensure that the liaison officers referred to in paragraph 4 have speedy access to the relevant domestic databases of the United Kingdom, in respect of Gibraltar, that are necessary for them to fulfil their tasks.
6. The details of the tasks of the liaison officers responsible for Gibraltar, as referred to in paragraph 4, their rights and obligations and the costs involved shall be governed by working arrangements concluded between Europol and the competent authorities of the United Kingdom, in respect of Gibraltar, as referred to in Article 86.
7. The liaison officers responsible for Gibraltar, as referred to in paragraph 4, and representatives of the competent authorities of the United Kingdom, in respect of Gibraltar, may be invited to operational meetings. Member State liaison officers and third-country liaison officers, representatives of competent authorities from the Member States and third countries, Europol staff and other stakeholders may attend meetings organised by the liaison officers responsible for Gibraltar, as referred to in paragraph 4, or the competent authorities of the United Kingdom, in respect of Gibraltar.
Article 78. Exchanges of Information
1. Exchanges of information between the competent authorities shall comply with the objective and provisions of this Chapter. Personal data shall be processed only for the specific purposes referred to in paragraph 2.
2. The competent authorities shall clearly indicate, at the latest at the moment of transferring personal data, the specific purpose or purposes for which the personal data are being transferred. For transfers to Europol, the purpose or purposes of such transfer shall be specified in line with the specific purposes of processing set out in the Europol Regulation. If the transferring competent authority has not done so, the receiving competent authority, in agreement with the transferring authority, shall process the personal data in order to determine their relevance as well as the purpose or purposes for which it is to be further processed. The competent authorities may process personal data for a purpose other than the purpose for which they have been provided only if authorised to do so by the transferring competent authority.
3. The competent authorities receiving the personal data shall give an undertaking stating that such data will be processed only for the purpose for which they were transferred. The personal data shall be deleted as soon as they are no longer necessary for the purpose for which they were transferred.
4. Europol and the competent authorities of the United Kingdom, in respect of Gibraltar, shall determine without undue delay, and in any event no later than six months after receipt of the personal data, if and to what extent those personal data are necessary for the purpose for which they were transferred and inform the transferring authority accordingly.
Article 79. Restrictions on Access to and Further Use of Transferred Personal Data
1. The transferring competent authority may indicate, when transferring personal data, any restriction on access thereto or the use to be made thereof, in general or specific terms, including as regards their onward transfer, erasure or destruction after a certain period of time, or its further processing. Where the need for such restrictions becomes apparent after the personal data have been transferred, the transferring competent authority shall inform the receiving competent authority accordingly.
2. The receiving competent authority shall comply with any restriction on access or further use of the personal data indicated by the transferring competent authority as described in paragraph 1.
3. Each Party shall ensure that information transferred under this Chapter was collected, stored and transferred in accordance with its respective legal framework. Each Party shall ensure, as far as possible, that such information has not been obtained in violation of human rights. Nor shall such information be transferred if, to the extent reasonably foreseeable, it could be used to request, hand down or execute a death penalty or any form of cruel or inhuman treatment.
Article 80. Different Categories of Data Subjects
1. The transfer of personal data in respect of victims of a criminal offence, witnesses or other persons who can provide information concerning criminal offences, or in respect of persons under the age of 18, shall be prohibited unless such transfer is strictly necessary and proportionate in individual cases for preventing or combating a criminal offence.
2. The United Kingdom, in respect of Gibraltar, and Europol shall each ensure that the processing of personal data under paragraph 1 is subject to additional safeguards, including restrictions on access, additional security measures and limitations on onward transfers.
Article 81. Facilitation of Flow of Personal Data between the United Kingdom, In Respect of Gibraltar, and Europol
In the interest of mutual operational benefits, the Parties shall endeavour to cooperate in the future with a view to ensuring that data exchanges between Europol and the competent authorities of the United Kingdom, in respect of Gibraltar, can take place as quickly as possible, and to consider the incorporation of any new processes and technical developments which might assist with that objective, while taking account of the fact that the United Kingdom is not a Member State and in full respect of the notifications and communications regime established under Article 73.
Article 82. Assessment of Reliability of the Source and Accuracy of Information
1. The competent authorities shall indicate as far as possible, at the latest when transferring the information, the reliability of the source of the information on the basis of the following criteria:
(a) where there is no doubt as to the authenticity, trustworthiness and competence of the source, or if the information is provided by a source which has proved to be reliable in all instances;
(b) where the information is provided by a source which has in most instances proved to be reliable;
(c) where the information is provided by a source which has in most instances proved to be unreliable;
(d) where the reliability of the information cannot be assessed.
2. The competent authorities shall indicate as far as possible, at the latest when transferring the information, the accuracy of the information on the basis of the following criteria:
(a) information the accuracy of which is not in doubt;
(b) information known personally to the source but not known personally to the official passing it on;
(c) information not known personally to the source but corroborated by other information already recorded;
(d) information not known personally to the source and which cannot be corroborated.
3. Where the receiving competent authority, on the basis of information already in its possession, comes to the conclusion that the assessment of information or of its source supplied by the transferring competent authority in accordance with paragraphs 1 and 2 needs correction, it shall inform that competent authority and shall attempt to agree on an amendment to the assessment. The receiving competent authority shall not change the assessment of information received or of its source without such agreement.
4. If a competent authority receives information without an assessment, it shall attempt as far as possible and where possible in agreement with the transferring competent authority to assess the reliability of the source or the accuracy of the information on the basis of information already in its possession.
5. If no reliable assessment can be made, the information shall be evaluated as provided for in point (d) of paragraph 1 and point (d) of paragraph 2.
Article 83. Security of the Information Exchange
1. The technical and organisational measures put in place to ensure the security of the information exchange under this Chapter shall be laid down in administrative arrangements as referred to in Article 86.
2. The Parties agree on the establishment, implementation and operation of secure communication lines for the purpose of the exchange of information under this Chapter.
3. Administrative arrangements as referred to in Article 85 shall regulate the secure communication lines terms and conditions of use.
Article 84. Liability for Unauthorised or Incorrect Personal Data Processing
1. The competent authorities shall be liable, in accordance with their respective legal frameworks, for any damage caused to an individual as a result of legal or factual errors in information exchanged. In order to avoid liability under their respective legal frameworks vis-à-vis an injured party, neither Europol nor the competent authorities of the United Kingdom, in respect of Gibraltar, may plead that the other competent authority had transferred inaccurate information.
2. If damages are awarded either against Europol or against the competent authorities of the United Kingdom, in respect of Gibraltar, because of the use by either of them of information which was erroneously communicated by the other, or communicated as a result of a failure on the part of the other to comply with their obligations, the amount paid as compensation under paragraph 1 either by Europol or by the competent authorities of the United Kingdom, in respect of Gibraltar, shall be repaid by the other, unless the information was used in breach of this Chapter.
3. Europol and the competent authorities of the United Kingdom, in respect of Gibraltar, shall not require each other to pay for punitive or non-compensatory damages under paragraphs 1 and 2.
Article 85. Exchange of Classified and Sensitive Non-classified Information
The exchange and protection of classified and sensitive non-classified information, if necessary under this Chapter, shall be regulated in working and administrative arrangements as referred to in Article 86.
Article 86. Working and Administrative Arrangements
1. The details of cooperation between the United Kingdom, in respect of Gibraltar, and Europol, as appropriate to complement and implement the provisions of this Chapter, shall be the subject of working arrangements in accordance with Article 23(4) of the Europol Regulation and administrative arrangements in accordance with Article 25(1) of the Europol Regulation concluded between Europol and the competent authorities of the United Kingdom.
2. In lieu of concluding working and administrative arrangements pursuant to paragraph 1, the competent authorities of the United Kingdom and Europol may agree that any existing working or administrative arrangement concluded between the competent authorities of the United Kingdom and Europol pursuant to Article 577 of the Trade and Cooperation Agreement shall also apply in respect of Gibraltar.
3. The substance of working and administrative arrangements may be set out together in one document.
Article 87. Notification of Implementation
1. The United Kingdom, in respect of Gibraltar, and Europol shall each make publicly available a document setting out in an intelligible form the provisions regarding the processing of personal data transferred under this Chapter including the means available for the exercise of the rights of data subjects, and shall each ensure that a copy of that document be provided to the other.
2. Where not already in place, the United Kingdom, in respect of Gibraltar, and Europol shall adopt practical arrangements specifying how compliance with the provisions regarding the processing of personal data will be enforced in practice. The United Kingdom, in respect of Gibraltar, and Europol shall each send a copy of those practical arrangements to the other and to the respective supervisory authorities.
Article 88. Powers of Europol
Nothing in this Chapter shall be construed as creating an obligation on Europol to cooperate with the competent authorities of the United Kingdom, in respect of Gibraltar, beyond Europol's competence as set out in the relevant Union law.
Chapter 2. COOPERATION WITH EUROJUST
Article 89. Objective
The objective of this Chapter is to establish cooperation between Eurojust and the competent authorities of the United Kingdom, in respect of Gibraltar, in combating serious crimes as referred to in Annex 11.
Article 90. Definitions
For the purposes of this Chapter, the following definitions apply:
(a) "Assistant" means a person who may assist a National Member and the National Member's Deputy, or the Liaison Prosecutor, as referred to in the Eurojust Regulation and in Article 95(3) respectively;
(b) "College" means the College of Eurojust, as referred to in the Eurojust Regulation;
(c) "competent authority" means, for the Union, Eurojust, represented by the College or a National Member and, for the United Kingdom, in respect of Gibraltar, a domestic authority with responsibilities under domestic law relating to the investigation and prosecution of criminal offences in Gibraltar;
(d) "Domestic Correspondent for Terrorism Matters" means the contact point designated by the United Kingdom in accordance with Article 94, responsible for handling correspondence related to terrorism matters;
(e) "Eurojust" means the European Union Agency for Criminal Justice Cooperation, set up under Regulation (EU) 2018/1727 of the European Parliament and of the Council (1) (the "Eurojust Regulation");
(f) "Liaison Magistrate" means the magistrate posted by Eurojust to the United Kingdom in accordance with Article 96;
(g) "Liaison Prosecutor" means the public prosecutor seconded by the United Kingdom to Eurojust and subject to the domestic law of the United Kingdom as regards the public prosecutor's status, in accordance with Article 95(3);
(h) "National Member" means the National Member seconded to Eurojust by each Member State, as referred to in the Eurojust Regulation.
Article 91. Communication
All communications and notifications referred to under this Chapter shall be performed through the national contact points as set out in Article 94 and the liaison prosecutors as set out in Article 95.
Article 92. Forms of Crime
1. The cooperation established under this Chapter relates to the forms of serious crime within the competence of Eurojust, as listed in Annex 11, including related criminal offences.
2. Related criminal offences are the criminal offences committed in order to procure the means of committing forms of serious crime referred to in paragraph 1, criminal offences committed in order to facilitate or commit such serious crimes, and criminal offences committed to ensure impunity for such serious crimes.
3. Where the list of forms of serious crime for which Eurojust is competent under Union law is changed, the Specialised Committee on Circulation of Persons may, upon a proposal from the Union, amend Annex 11 accordingly from the date when the change to Eurojust's competence enters into effect.
Article 94. Scope of Cooperation
The Parties shall ensure that Eurojust and the competent authorities of the United Kingdom, in respect of Gibraltar, cooperate in the fields of activity set out in Articles 2 and 54 of the Eurojust Regulation and in this Chapter.
Article 95. Contact Points to Eurojust
The contact point(s) to Eurojust, appointed or put in place by the United Kingdom pursuant to Article 584 of the Trade and Cooperation Agreement, including the contact points designated as the United Kingdom Domestic Correspondent for Terrorism Matters, shall also serve as contact point(s) to Eurojust for the United Kingdom, in respect of Gibraltar.
Article 96. Liaison Prosecutor
1. The Liaison Prosecutor and Liaison Prosecutor's Assistants of the United Kingdom to Eurojust, seconded pursuant to Article 585(1) and (3) of the Trade and Cooperation Agreement, shall facilitate the cooperation established under this Chapter, in respect of Gibraltar, within the scope of their competence. When necessary, Assistants may replace the Liaison Prosecutor or act on the Liaison Prosecutor's behalf.
2. The details of the tasks of the Liaison Prosecutor and of the Liaison Prosecutor's Assistants referred to in paragraph 1, their rights and obligations and the costs involved shall be governed by a working arrangement, as referred to in Article 104.
3. The United Kingdom shall inform Eurojust of the nature and extent of the role of the Liaison Prosecutor and the Liaison Prosecutor's Assistants, referred to in paragraph 1, in order to accomplish their tasks of facilitating cooperation in accordance with this Chapter.
4. The Liaison Prosecutor and the Liaison Prosecutor's Assistants referred to in paragraph 1 shall have access to the information contained in the domestic criminal record, or in any other register of the competent authorities of the United Kingdom, in respect of Gibraltar, in accordance with domestic law in the case of a prosecutor or person of equivalent competence.
5. The Liaison Prosecutor and the Liaison Prosecutor's Assistants referred to in paragraph 1 shall have the power to contact the competent authorities of the United Kingdom, in respect of Gibraltar, directly.
6. The working documents of the Liaison Prosecutor and the Liaison Prosecutor's Assistants referred to in paragraph 1 shall be held inviolable by Eurojust.
Article 96. Liaison Magistrate
1. The Liaison Magistrate of Eurojust posted to the United Kingdom, pursuant to Article 586(1) of the Trade and Cooperation Agreement, may facilitate judicial cooperation in respect of Gibraltar, in cases in which Eurojust provides assistance, in accordance with Article 53 of the Eurojust Regulation.
2. The details of the Liaison Magistrate's tasks referred to in paragraph 1, the Liaison Magistrate's rights and obligations and the costs involved, shall be governed by a working arrangement as referred to in Article 104.
Article 97. Operational and Strategic Meetings
1. The Liaison Prosecutor and the Liaison Prosecutor's Assistants referred to in Article 95(1) and the contact point to Eurojust referred to in Article 94 may participate in meetings with regard to strategic matters at the invitation of the President of Eurojust and in meetings with regard to operational matters with the approval of the National Members concerned.
2. National Members, their Deputies and Assistants, the Administrative Director of Eurojust and Eurojust staff may attend meetings organised by the Liaison Prosecutor and the Liaison Prosecutor's Assistants referred to in Article 95(1) and the contact point to Eurojust referred to in Article 94.
Article 98. Exchange of Non-personal Data
Eurojust and the competent authorities of the United Kingdom, in respect of Gibraltar, may exchange any non-personal data in so far as those data are relevant for the cooperation under this Chapter, and subject to any restrictions pursuant to Article 103.
Article 99. Exchange of Personal Data
1. Personal data requested and received by competent authorities under this Chapter shall be processed by them only for the objectives set out in Article 89, for the specific purposes referred to in paragraph 2 and subject to the restrictions on access or further use referred to in paragraph 3.
2. The transferring competent authority shall clearly indicate, at the latest when transferring personal data, the specific purpose or purposes for which the data are being transferred.
3. The transferring competent authority may indicate, when transferring personal data, any restriction on access thereto or the use to be made thereof, in general or specific terms, including as regards its onward transfer, erasure or destruction after a certain period of time, or its further processing. Where the need for such restrictions becomes apparent after the personal data have been provided, the transferring authority shall inform the receiving authority accordingly.
4. The receiving competent authority shall comply with any restriction on access or further use of the personal data indicated by the transferring competent authority as provided for in paragraph 3.
Article 100. Channels of Transmission
1. Information shall be exchanged, subject to paragraph 3, between the Liaison Prosecutor or the Liaison Prosecutor's Assistants referred to in Article 95(1) or, if none is appointed or otherwise available, the United Kingdom's contact point to Eurojust referred to in Article 94 and the National Members concerned or the College.
2. Eurojust and the competent authorities of the United Kingdom, in respect of Gibraltar, shall each ensure that their respective representatives are authorised to exchange information at the appropriate level and in accordance with their respective legal frameworks, and are adequately screened.
3. Information may be exchanged, where necessary in urgent cases, if Eurojust has posted a Liaison Magistrate to the United Kingdom, and where considered appropriate by both the Liaison Magistrate and the relevant competent authority, between the Liaison Magistrate and any competent authority of the United Kingdom in respect of Gibraltar; in that event, the Liaison Prosecutor as set out in Article 95(1) or the Liaison Prosecutor's Assistants shall be informed of any such information exchange.
Article 101. Onward Transfers
The competent authorities of the United Kingdom, in respect of Gibraltar, and Eurojust shall not communicate any information provided by the other to any third country or international organisation without the consent of whichever of the competent authorities of the United Kingdom, in respect of Gibraltar, or Eurojust provided the information and without appropriate safeguards regarding the protection of personal data.
Article 102. Liability for Unauthorised or Incorrect Personal Data Processing
1. The competent authorities shall be liable, in accordance with their respective legal frameworks, for any damage caused to an individual as a result of legal or factual errors in information exchanged. In order to avoid liability under their respective legal frameworks vis-à-vis an injured party, neither Eurojust nor the competent authorities of the United Kingdom, in respect of Gibraltar, may plead that the other competent authority had transferred inaccurate information.
2. If damages are awarded against any competent authority because of its use of information which was erroneously communicated by the other, or communicated as a result of a failure on the part of the other to comply with their obligations, the amount paid as compensation under paragraph 1 by the competent authority shall be repaid by the other, unless the information was used in breach of this Chapter.
3. Eurojust and the competent authorities of the United Kingdom, in respect of Gibraltar, shall not require each other to pay for punitive or non-compensatory damages under paragraphs 1 and 2.
Article 103. Exchange of Classified and Sensitive Non-classified Information
The exchange and protection of classified and sensitive non-classified information, if necessary under this Chapter, shall be regulated by a working arrangement as referred to in Article 104.
Article 104. Working Arrangement
1. The modalities of cooperation between the United Kingdom, in respect of Gibraltar, and Eurojust, as appropriate to implement the provisions of this Chapter shall be the subject of a working arrangement concluded between Eurojust and the competent authorities of the United Kingdom in accordance with Articles 47(3) and 56(3) of the Eurojust Regulation.
2. In lieu of concluding working arrangements pursuant to paragraph 1, the competent authorities of the United Kingdom and Eurojust may agree that any existing working arrangement between the competent authorities of the United Kingdom and Eurojust pursuant to Article 594 of the Trade and Cooperation Agreement shall also apply in respect of Gibraltar.
Article 105. Powers of Eurojust
Nothing in this Chapter shall be construed as creating an obligation on Eurojust to cooperate with the competent authorities of the United Kingdom, in respect of Gibraltar, beyond Eurojust's competences as set out in the relevant Union law.
Chapter 3. EXCHANGE OF CRIMINAL RECORD INFORMATION
Article 106. Objective
The objective of this Chapter is to enable the exchange between the Members States, on the one side, and the United Kingdom, in respect of Gibraltar, on the other side, of information extracted from the criminal record.
In the relations between the United Kingdom, in respect of Gibraltar, and the Member States, the provisions of this Chapter supplement the provisions of Chapter 5 of Title V of this Part with regard to the exchange of criminal record information.
Article 107. Definitions
For the purposes of this Chapter, the following definitions apply:
(a) "conviction" means any final decision of a criminal court against a natural person in respect of a criminal offence, to the extent that the decision is entered in the criminal record of the convicting Member State or the United Kingdom, in respect of Gibraltar;
(b) "criminal proceedings" means the pre-trial stage, the trial stage and the execution of a conviction;
(c) "criminal record" means the domestic register or registers recording convictions in accordance with domestic law.
Article 108. Central Authorities
The central authorities of the United Kingdom, in respect of Gibraltar, and of the Member States competent for the exchange of information extracted from the criminal record pursuant to this Chapter and for the exchanges referred to in Article 22(2) of the European Convention on Mutual Assistance in Criminal Matters with regard to the United Kingdom, in respect of Gibraltar, shall mean those designated and notified by the United Kingdom and the Member States, pursuant to Article 645 of the Trade and Cooperation Agreement, for the exchange of information extracted from the criminal record between the United Kingdom and the Member States.
Article 109. Notifications
1. Each Member State and the United Kingdom, in respect of Gibraltar, shall take the necessary measures to ensure that all convictions handed down by its criminal courts are accompanied, when provided to its criminal record, by information on the nationality or nationalities of the convicted person.
2. The central authority of each Member State shall inform the central authority of the United Kingdom, in respect of Gibraltar, of all criminal convictions handed down by its criminal courts in respect of nationals of the United Kingdom holding a valid identity card or residence permit issued in Gibraltar by the competent authorities of the United Kingdom, in respect of Gibraltar, as well as of any subsequent alterations or deletions of information contained in the criminal record, as entered in the criminal record. The central authority of the United Kingdom, in respect of Gibraltar, shall inform the central authority of any Member State of all criminal convictions handed down by its criminal courts in respect of nationals of that Member State, as well as of any subsequent alterations or deletions of information contained in the criminal record, as entered in the criminal record. The central authorities of the Member States and of the United Kingdom, in respect of Gibraltar, shall communicate such information to each other at least once per month.
3. If the central authority of a Member State or of the United Kingdom, in respect of Gibraltar, becomes aware of the fact that a convicted person is a national of two or more Member States or a national of one or more Member States and nationals of the United Kingdom holding a valid identity card or residence permit issued in Gibraltar, it shall transmit the relevant information to each of them, even if the convicted person is a national of the Member State within whose territory that person was convicted or a national of the United Kingdom holding a valid identity card or residence permit issued in Gibraltar, who was convicted in Gibraltar.
Article 110. Storage of Convictions
1. The central authority of each Member State and of the United Kingdom, in respect of Gibraltar, shall store all information notified under Article 109.
2. The central authority of each Member State and of the United Kingdom, in respect of Gibraltar, shall ensure that if a subsequent alteration or deletion is notified under Article 109, an identical alteration or deletion is made to the information stored in accordance with paragraph 1.
3. The central authority of each Member State and of the United Kingdom, in respect of Gibraltar, shall ensure that only information which has been updated in accordance with paragraph 2 of this Article is provided when replying to requests made under Article 111.
Article 111. Requests for Information
1. If information from the criminal record of a Member State or of the United Kingdom, in respect of Gibraltar, is requested at domestic level for the purposes of criminal proceedings against a person or for any purposes other than that of criminal proceedings, the central authority of that Member State or of the United Kingdom, in respect of Gibraltar, as the case may be, may, in accordance with its domestic law, submit to the central authority of another Member State or of the United Kingdom, in respect of Gibraltar, as the case may be, a request for information and related data to be extracted from the criminal record.
2. If a person addresses a request for information on their own criminal record to the central authority of a Member State or of the United Kingdom, in respect of Gibraltar, of which they are not a national, that central authority shall submit to the central authority of the Member State of the person's nationality or of the United Kingdom, in respect of Gibraltar, if the person is a national of the United Kingdom, a request for information and related data to be extracted from the criminal record in order to be able to include that information and related data in the extract to be provided to the person concerned.
Article 112. Replies to Requests
1. Replies to requests for information shall be transmitted by the requested central authority of a Member State and of the United Kingdom, in respect of Gibraltar, to the requesting central authority of a Member State or of the United Kingdom, in respect of Gibraltar, as soon as possible and in any event within 20 working days from the date the request was received.
2. The central authority of each Member State and of the United Kingdom, in respect of Gibraltar, shall reply to requests made for purposes other than that of criminal proceedings in accordance with its domestic law.