ASSOCIATION OF THE EUROPEAN

AND MEDITERRANEAN

GENDARMERIES

AND POLICE FORCES

WITH MILITARY STATUS

fiep

STATUTES OF 20th OCTOBER 1999

 

Statutes as updated on 15th October 2001, 31th October 2002, 13th October 2009 and 7th October 2015.

Index

Premise

Art.1 General
Art.2 Scope of the Association
Art.3 Definitions
Art.4 Requirements and Territorial Limits
Art.5 Status of the Members
Art.6 Status of the Associate Members
Art.7 Status of the Observers
Art.8 Associational Elements
Art.9 Senior Council of Directors/Commanding Generals
Art.10 Annual Presidency of the Association
Art.11 The Commissions. Working Procedures
Art.12 Attributions of the Human resources Commission
Art.13 Attributions of the Service Organization Commission
Art.14 Attributions of the New Technologies and Logistics Commission
Art.15 Attributions of the European Affairs Commission
Art.16 Attributions and working procedures for the Secretariat of the Presidency
Art.17 Bilateral exchanges of personnel
Art.18 Procedures for admission into the Association
Art.19 Revision procedures
Art.20 Working language
Art.21 Final instructions

Annex 1 Members, Associate Members and Observers of the Association

Annex 2 Working protocol for the Commissions

Annex 3 Rotational Calendar for the Presidency and Secretariat of the Presidency.

PREMISE

THE GENERAL COMMANDER OF THE ITALIAN CARABINIERI, THE GENERAL DIRECTOR OF THE SPANISH GUARDIA CIVIL, THE DIRECTOR GENERAL OF THE FRENCH NATIONAL GENDARMERIE, THE GENERAL COMMANDER OF THE PORTUGUESE GUARDA NACIONAL REPUBLICANA, THE GENERAL COMMANDER OF THE TURKISH GENDARMERIE, THE COMMANDER OF THE ROYAL NETHERLANDS MARECHAUSSEE, THE COMMANDER OF THE MOROCCAN ROYAL GENDARMERIE, THE GENERAL INSPECTOR OF THE ROMANIAN GENDARMERIE, AND THE GENERAL DIRECTOR OF THE JORDANIAN GENDARMERIE FORCES

 

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 Institutes expressed in MADRID on May 12th, 1994 with the undersigning of a Common Declaration;

CONSIDERING the Universal Declaration of Human Rights, the United Nations Convention against Torture, the United Nations Convention against Corruption and the European Convention for Human Rights

NOTING the intentions expressed during the meeting of Directors and Commanding Generals held in MADRID on October 20th, 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 organizational 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 Association of the European and Mediterranean Gendarmeries and Police Forces with Military Status (FIEP).

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 Gendarmeries and Police Forces with Military Status FIEP as well as procedures for admission and those for revising the Agreement.

Index

Art 2
Scope of the Association

This Association facilitates understanding between participating Institutes with the intention to pursue and strengthen relationships and bonds established, promote innovative and active ideas on the type of police cooperation, strengthen reciprocal solidarity and enhance external organizational and structural models, agree in accordance with current international agreements and national regulations, to exchange information and experiences in the following sectors:

– Human Resources;
– Service Organization;
– New Technologies and Logistics;
– European Affairs.

Index

Art 3
Definitions

The term “Gendarmeries and Police Forces with Military Status” is defined as an organization under military code which has mainly the competence or (co) responsibility for aspects such as:

  1. the prevention of and investigation into criminal offences under Judicial Authority;
  2. maintaining public order under local or national civil authority and which may in addition be assigned various administrative tasks.

Index

Art 4
Requirements and Territorial Limits

The Association is open to all Gendarmeries and Police Forces with Military Status of the Countries which are Members of the Council of Europe and other Mediterranean Countries and which want to develop a reciprocal form of collaboration in those sectors indicated in subsequent Art.2.

The membership to the Association imposes the obligation to share the fundamental values derived from the principles of fundamental freedoms and rights, as well as the international standards of human rights in policing. The membership also implies for each member of the Association to ensure the same respect for these values within its own organisation.

Index

Art 5
Status of the Members

Members are all Gendarmeries and Police Forces with Military Status of the Countries which are Members of the Council of Europe and other Mediterranean Countries. The entry procedure for Members applies in this respect. The status of Member grants the right to participate in the Commissions and the Summit with voting capacity.

Index

Art 6
Status of the Associate Members

Associate Members are all the Gendarmeries and Police Forces with Military Status which do not comply with the geographical requirements mentioned in Art 4. The status of Associate Member grants the right to participate in the Commissions and the Summit in a nonvoting capacity.

Index

Art 7
Status of the Observers

Observers are all Gendarmeries and Police Forces with Military Status, who do or do not comply with the territorial limits and want to become Members or Associate Members of the FIEP Association, after having complied with what is stipulated in no 1 of Art 18. The status of Observer grants the right to participate in the Commissions and Summit in a nonvoting capacity.

Index

Art 8
Associational Elements

Elements of the Association are:

  1. The Senior Council of Directors/Commanding Generals, which is responsible for evaluating the condition of the relationships, directing further activities and defining the objectives to be achieved;
  2. The Presidency, which 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 Presidency is assisted by the Secretariat of the Presidency, which is competent for the tasks indicated in art. 16 below;
  3. The Departments of each Institution liable for FIEP issues, which ensure the continuity of works, whereby prepare measures and decisions to be proposed to the Commissions or to the Senior Council. To this aim, they define a point of contact (POC) responsible for the regular exchange of information with the other FIEP actors;
  4. The Commissions of Representatives of the Member Institutions, one for each sector involved.

Index

Art 9
Senior Council of Directors/Commanding Generals

  1. The Senior Council of Directors/Commanding Generals, which is the strategic decision-making organ, is made up of Members of the Association. During the annual meeting, it defines the general policy and program for each commitment undertaken by the Association. The Members unanimously accept all the decisions, which are formalized at the end of the annual meeting by the signing of a Common Declaration. Each Member or Associate Member may put off internal implementation of any decision.
  2. The above mentioned official meeting is usually preceded by a preparatory meeting which aims at examining matters of interest. During this meeting, the Members will:
  • examine the outcomes of the Commissions and seminars of the past year, with the objective to propose some orientations to be taken for the future;
  • propose the general topic which will be treated in the different commissions under the responsibility of the new Presidency;
  • approve the order of the day, which will be brought to the attention of the Directors/Commanding Generals;
  • prepare the Common Declaration to be signed during the Senior Council of Directors/Commanding Generals.
  1. If necessary, for urgent matters, the Presidency may either, on a case-by-case basis and after having obtained the opinion of all Members:
  • when important, call a special general meeting;
  • when appropriate, submit a decision to electronic approval.

Index

Art 10
Annual Presidency of the Association

  1. The Presidency of the Association has a one-year mandate. All Members cover this position on a rotational basis, according to the calendar shown in Annex 3 of this Agreement, and after a minimum of two years experience as full Member.
  2. The country which holds the Presidency is responsible for arranging, organizing and hosting preparatory activities as well as the Meeting of the Senior Council of Directors/Commanding Generals which usually takes place around the end of October each year. At the end of the above-mentioned international meeting, another Member of the Association will take on this function based on the turns established.
  3. Apart from representing the Association, the Presidency is responsible for the smooth flow and coordination of all initiatives, and therefore is called upon to oversee, control and evaluate the programs decided by the Senior Council, assisted by the Secretariat of the The outcome of the mandate, as it relates to activities carried out and the direction of future programs is contained in the Common Declaration.

Index

Art 11
The Commissions. (Working Procedures)

  1. Four Commissions have been formed with the purpose of implementing the Senior Council’s decisions through concrete achievements, initiating collaboration between active sectors, enhancing common patrimony through experience, coordinating exchanges, encouraging study and detailed planning of initiatives to be carried out, presenting requests to the European Union and other entities in order to develop combined activities.
  2. The Member that holds the Presidency must appoint a Chairman. Each Commission is chaired by the Chairman.
  3. Each Commission is hosted, on a rotational basis, by a Member or an Associate Member based on an appropriate calendar. It meets once a year and operates in line with directives received from the Chairman, together with the Secretariat of the Presidency and in accordance with instructions provided by the Senior Council.
  4. The Presidency and Members can propose throughout the year, as a supplement to the Commissions, the organization of seminars and other cooperation projects on specific and concrete topics.
  5. At the end of each year, the Secretariat of the Presidency presents the results of the work performed by the Commissions, together with the plans proposed for any particular sector – notified by the Host Institution of the specific exchange activities – to the Senior Council of Directors/Commanding Generals for approval.
  6. FIEP Members, including Associate Members, are invited to focus their works on practical topics related to police issues directly useful for all Institutions.
  7. The works of the Commissions are conducted according to the Working protocol in annex 2.

Index

Art 12
Attributions of the Human Resources Commission

  1. The Human Resources Commission is in charge of:
    1. Developing exchange of experiences and best practices by organizing meetings/seminars for personnel in charge of Human Resources management, including training and recruitment;
    2. Facilitating the harmonization of recruitment policies by exchanging statistical data (selection tests, level of candidates, etc.) and updating respective regulations;
    3. Updating the FIEP Courses Catalogue for the following year;
    4. Comparing training methods and programs used by the training institutes for the various categories, as well as exchanging training documentation for mutual personnel formation;
    5. And any other pertaining field of interest.
  2. The Human Resources Commission is in charge of promoting:
    1. Intensification of contacts and exchanges among specialists in required operational fields (e.g. forensics and judicial police, environmental police, community policing, stability policing, crowd and riot control, cybercrime and web monitoring, special Intervention, coastal surveillance, mountain rescue, canines and any other pertaining field of interest etc …);
    2. Twinning of Training Institutes, inter-exchange of representatives and instructors of Schools, common continuous training and linguistic courses ;
    3. The respect of deontology, ethical and human rights rules in Gendarmeries and Police Forces with Military Status;
    4. Activities referring to applied psychology;
    5. And any other pertaining field of interest.

Index

Art 13
Attributions of the Service Organization Commission

The Service Organization Commission works towards:

  1. Exchanging information and experiences in the field of regulations and operations, legislative and regulatory texts, investigative techniques which refer to important challenges such as:
    1. fight against organized crime, including drug and weapons trafficking, terrorism, trafficking and smuggling of human beings, and illegal immigration networks, as well as cybercrimes through contacts among authorities, visits, courses, seminars and meetings even held periodically with the various units;
    2. forensics;
    3. enforcement of public security and public order;
    4. environment and artistic heritage protection.
  2. Promoting collaboration in those fields, as well as in any accurate operational activities such as: coastal surveillance, bomb disposal/anti-sabotage, border police, stability policing, international peace support missions and any other pertaining field of interest;
  3. Intensifying contacts in the field of Public Relations and deontology;
  4. And any other pertaining field of interest.

Index

Art 14
Attributions of the New Technologies and Logistics Commission

The New Technologies and Logistics Commission promotes collaboration and exchange of respective knowledge, experience and studies, if needed by organizing meetings and seminars, in the field of:

  1. Materials, such as protection and intervention equipment, technical means for criminal investigation, forensic systems;
  2. Computer science and digital technologies, including hardware and software systems, use of internet/intranet for operational and judicial purposes, advanced systems for processing data and pictures, system protection, fight against cyber threats, cyber defence;
  3. Information and communication technology, including intranet, radio and satellite capabilities;
  4. Means of transportation and other logistic issues;
  5. Any other pertaining area of interest.

Index

Art 15
Attributions of the European Affairs Commission

  1. The Institutions which are part of the Association but belong to Countries which are not Members of the European Union participate in the works of the Commission as observers.
  2. The European Affairs Commission has the task to select the projects of common interest in view to identify which Members (minimum 2) will introduce the project to the competent European Institutions in order to obtain funding to support FIEP practical activities and initiatives.
  3. European Union representatives can usefully be invited to deliver their expertise in this framework.

Index

Art 16
Attributions and working procedures for the Secretariat of the Presidency

  1. The Institution in charge of the Presidency sets up, for its one-year mandate, a Secretariat of the Presidency located at its Directorate/Headquarters, which:
    1. conducts all activities generated by this Agreement;
    2. facilitates contacts among the Commissions and acts as liaison with the Points of Contact from each Institution;
    3. identifies Gendarmeries and Police Forces with Military Status around the world and submits proposals to the Senior Council pertaining to initiating cooperation processes with them, on a case by case basis, in view of the spread of the Association model and the creation of a gendarmerie worldwide network;
    4. internationally promotes the Gendarmeries and Police Forces with Military Status model to partners (organizations, associations, institutions, etc.) in order to provide a leading role for the Association within the gendarmerie international community, by planning and conducting related activities such as visits, conferences and seminars;
    5. promotes the Association model, its duplication in other sub-regions, and the development of a gendarmerie worldwide network. In this respect, a Force could be invited to attend a FIEP Commission, on a case by case basis and with the approval of all FIEP members, in order to better understand the functioning of the Association.
  2. The above organ constitutes an office responsible for collecting and managing all matters related to activities decided and conducted by members. In this respect, the Secretariat:
    1. is responsible for drafting all necessary documentation and carrying out any consequential bureaucratic activities, in line with the accomplishment of the tasks assigned;
    2. is used as a focal point in relation to the third parties;
    3. organizes and coordinates combined activities and any related accomplishments as well as all preparatory meetings;
    4. represents a point of reference for collecting and distributing reports and information;
    5. acts as a centre for preparing the minutes of meetings and makes sure that any action resulting from the decisions made under these circumstances be carried out by preparing the Common Declaration;
    6. 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;
    7. examines general or specific proposals and requests presented by the signatories;
    8. monitors and coordinates the internal and external communication, as well as communication tools of the Association, by ensuring the functioning and updating of the communication means (such as the Internet website).

Index

Art 17
Bilateral Exchanges of personnel

  1. To enhance reciprocal relations and encourage collaboration amongst the sectors indicated in art.5, the Association promotes personnel exchange programs between the Parties.

Index

Art 18
Procedures for admission into the Association

  1. An application for admission is to be submitted through the Presidency. The application is to be accompanied by an invitation for an introductory visit. The Presidency will invite the applicant for the presentation of their organization during a Commission meeting. The Presidency will appoint a delegation consisting of at least three officers from the Presidency, incoming Presidency and other Members, and will send the delegation to the candidate country for a fact-finding mission. The report of the fact-finding mission must contain a description of the organization and mission of the candidate force. To this end, the Presidency draws up a mission order and immediately provides the other Members with the report.
  2. The Observer status is granted through a unanimous decision of the Senior Council of Directors/Commanding Generals and becomes official in the Common declaration.
  3. Admission of a new Member or Associate Member is decided according to the same process after the requesting Institution has spent a sufficient period of time as Observer. This period of time, which lasts at least one year, is needed to fully verify the structural similarities and institutional affinity of the Gendarmeries and Police Forces with Military Status candidate, to ensure successful collaboration.
  4. Each Member has the right to one vote.
  5. Membership is lost:
    1. by resignation;
    2. upon decision of the Senior Council of Directors/Commanding Generals, as a result of failure to adhere to the instructions contained in this Agreement.

Index

Art 19
Revision procedures

Any proposal to modify the current Agreement is addressed to the Secretariat of the Presidency in turn, who will take action by transmitting the proposal to all Members of the Association, for examination. Acceptance, which must have the consensus of all Members, becomes official when published in the Common Declaration of the Directors/Commanding Generals.

Index

Art 20
Working language

  1. 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.
  2. The host country can determine the meeting language and, in this case, will take necessary measures to translate the meeting into English.

Index

Art 21
Final instructions

  1. All Members of the Association on this date of October 7th, 2015 approve this agreement, once viewed and examined.
  2. Each new Member – upon admission – must meet the requirements of the current agreement and explicitly declare acceptance.

Index

ANNEX 1

MEMBERS, ASSOCIATE MEMBERS AND OBSERVERS OF THE ASSOCIATION

 

Members

French Gendarmerie nationale – 1994

Italian Arma dei Carabinieri – 1994

Spanish Guardia Civil – 1994

Portuguese Guarda Nacional Republicana – 1996

Turkish Jandarma – 1998

Netherlands Koninklijke Marechaussee – 1999

Moroccan Gendarmerie Royale – 1999

Romanian Jandarmeria – 2002

Jordanian Gendarmerie Forces- 2011

Associate Members

Argentinian Gendarmeria nacional – 2005

Chilean Carabineros – 2005

Qatari Lakhwiya Forces – 2013

Observers

Tunisian Garde nationale – 2015

Palestinian National Security Forces – 2015

Index

ANNEX 2

WORKING PROTOCOL FOR THE COMMISSIONS

 

As agreed upon on the occasion of the FIEP Senior Council in Madrid – October 29th, 2013

  1. The present document aims to implement a series of procedures dedicated to render the FIEP Commissions more efficient, based on the following algorithm:

– at least 30 days before the meeting of every Commission, the Presidency sends a questionnaire aiming to identify competences, organisation and manner of working of the interested specialized structures within the members level;

– before the meeting of every Commission, the members will send the questionnaire responses to the Presidency (the answers will address each question);

– within the Commission workings, each Member will deliver a presentation (except if the issue is not relevant for the institution) according to the previously established general theme, all presentation exceeding the general theme being allowed as additional presentation to the main ones;

– the Presidency will ensure issuing the minutes, which will be sent to all members in maximum 15 days from the closing of Commission workings;

– in maximum 60 days from the closing of Commission workings, the Presidency will send to the other Members a comparative analysis based on the questionnaire answers, presentations and discussions performed during the Commission workings, as well as a label comprising all Members’ relevant contact points in the Commission’s matter.

  1. In addition to the general theme of the Presidency, on the agenda of each Commission meeting can be included proposals for different cooperation projects, with the aim to take full advantage of the national expertise and to improve the outcomes of the Association. The topics must be related to the field of each Commission and should be essentially practical. The proposal will be sent in advance to the Secretariat of the Presidency, together with a description of the cooperation project, the timetable suggested, the expected results and other relevant information. The Commission shall decide on the proposals and the project leader. The consequent exchange of information should be preferably implemented by electronic means and the final results will be forwarded to all the Parties and presented to the next Superior Council of the Association.
  1. In order to provide a complete understanding of the importance of each proposal made, of the decisions taken, of the cooperation process dynamic within FIEP, as well as continuity of efforts, a FIEP Officer of each Member Force will participate in each Commission workings, along with a relevant specialist, if needed.
  1. In order to speed up the decision process within the Association, the FIEP Officers will be mandated by their commanders to take decisions and to express positions on FIEP matters.

Index

ANNEX 3

ROTATIONAL CALENDAR FOR THE PRESIDENCY AND SECRETARIAT OF THE PRESIDENCY

  1. ROMANIA
  2. JORDAN
  3. TURKEY
  4. THE NETHERLANDS
  5. MOROCCO
  6. PORTUGAL
  7. SPAIN
  8. ITALY
  9. FRANCE

In case of additional adhesions, the new FIEP members will be inserted at the end of the rotation program. This document is an Annex to the current Statutes in accordance with art.10.