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level have been offered/accepted be reinforced, in particular by introducing a standard format for
the reporting/declaration of gifts/advantages and such offers, that these be registered and subject
to supervision.

Financial interests

208. Article 55b of the General Legal Status (Police) Decree (BARP) deals with the financial
interests of NPN police officers; in general, officers are not allowed to have financial interests which
undermine the proper performance of their duties. There is no general obligation to declare financial
interests in the NPN; however, BARP provides that certain police functions which involve particular
risks of financial conflicts of interest are designated and those office holders have to declare their
financial interests. At this moment there are no designated positions. Interests that would have be
declared are financial interests and securities. Declarations would not be made public.

209. Defence officials, KMar, who hold or acquire financial interests as a result of which the
proper functioning of the organisation would not be reasonably ensured must declare these interests
to the Minister of Defence (Article 12quater, Military Personnel Act and Article 70c BARD). The
Ministerial Regulation on Financial Interests in Defence (RFB) provides for compulsory declaration of
financial interests in respect of designated top officials, covering also their family members. These
declarations follow a standard format.

Misuse of public resources

210. At both the NPN and the KMar, there are internal regulations about the use of public
resources. In principle, employees are not permitted to use official facilities, resources and
equipment for private purposes or for secondary activities (e.g. cars, mobile devices etc.). There are
also rules on travelling (use of means etc.).

211. Recently discovered cases indicate that top managers of the NPN have been involved in
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misuse of public resources. This has been highlighted by a number of reports in which the need for
strengthening internal control mechanisms of the NPN is considered necessary. The GET was pleased
to note that NPN has started to establish a new internal audit system aimed at improving controls in
spending public money and using public resources. Moreover, there are specific rules applying to
employees involved in public procurement. The NPN Procurement Policy 2017 which describes how
public resources should be handled, was adopted following scandals within the police in this area.

Third party contacts, confidential information

212. It may be deduced from the general principles of the Professional Code of the Police (NPN),
the Thematic Pages and the Defence Code of Conduct (KMar), that contacts with individuals,
associations, or groups with an image that is in conflict with the police mission are to be avoided.
Apart from these principles, the GET did not come across any rules/guidelines regulating third party
contacts, more than in particular situations such as in relation to public procurement, contracting,
etc.

213. Closely related to third party contacts is the issue of handling confidential information. As a
starting point, an intentional breach of confidentiality during the course of professional occupation
or duty or from knowledge gained during a previous occupation, is criminalised according to article
272 of the Criminal Code and may lead to imprisonment. Disclosing information concerning state
secrets is criminalised under article 98 of the Criminal Code and is also subject to imprisonment.
Added to this comes the possibility of disciplinary sanctions for such misconduct. The NPN Thematic

49 A former chief constable

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