Considerations on COM(2022)158 - EU position with respect to the UK regarding the determination of the date from which personal data may be supplied by Member States to the UK

Please note

This page contains a limited version of this dossier in the EU Monitor.

 
dossier COM(2022)158 - EU position with respect to the UK regarding the determination of the date from which personal data may be supplied by ...
document COM(2022)158 EN
date April  6, 2022
 
(1) The Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland (hereafter: ‘the United Kingdom’), of the other part 7 (‘the Trade and Cooperation Agreement’) provides for reciprocal cooperation between the competent law enforcement authorities of the Member States, on the one side, and the United Kingdom, on the other side, concerning the automated comparison of DNA profiles, dactyloscopic data and vehicle registration data. As a prerequisite for such cooperation, the United Kingdom first needs to take the necessary implementing measures and undergo an evaluation by the Union.

(2) On the basis of an overall evaluation report, summarising the results of a relevant questionnaire, an evaluation visit and, where applicable, a pilot run, the Union is to determine the date or dates from which such data may be supplied by Member States to the United Kingdom pursuant to the Trade and Cooperation Agreement.

(3) By letter of 23 July 2021, the United Kingdom informed the Commission, through the Specialised Committee on Law Enforcement and Judicial Cooperation, that it had implemented the obligations imposed under Title II of Part 3 of the Trade and Cooperation Agreement in respect of DNA profiles and dactyloscopic data. The United Kingdom also made declarations and designations in accordance with Article 22 of Chapter 0 of Annex 39 of the the Trade and Cooperation Agreement and expressed its readiness to be evaluated for the exchange of data between the United Kingdom and Member States on DNA profiles and dactyloscopic data.

(4) The Commission sent the United Kingdom, on 14 October 2021, questionnaires relating to the automatic exchange of DNA profiles and dactyloscopic data. The United Kingdom provided the Commission, on 8 November 2021, with its answers to these questionnaires. These answers were provided to the evaluation team, and submitted to the Council Working Party on JHA Information Exchange and the Council Working Party on the United Kingdom on 11 November 2021.

(5) In line with Chapter 4 of Annex 39 of the the Trade and Cooperation Agreement, the Council decided, on 9 November 2021, that no pilot run was required in respect of DNA profiles and dactyloscopic data.

(6) On 24 and 25 November 2021, the United Kingdom underwent an evaluation with regard to searching and comparing DNA profiles and dactyloscopic data. The evaluation report regarding DNA profiles concluded that, based on the outcome of the ex ante evaluation, the implementation of the automated comparison of DNA-profiles and the related information flow can be considered as successfully concluded in the UK, both at legal and at technical level. The evaluation report regarding dactyloscopic data concluded that, based on the outcome of the ex ante evaluation, the implementation of the automated dactyloscopic data application and the related automated dactyloscopic data information flow can be considered as successfully concluded in the UK, both at legal and at technical level.

(7) In line with Article 5 of Chapter 4 of Annex 39 to the Trade and Cooperation Agreement, the evaluation reports, summarising the results of the questionnaires and the evaluation visit, were presented to the Council on 17 March 2022.

(8) Since the United Kingdom fulfilled the conditions set out in Article 539 and Annex 39 of the Trade and Cooperation Agreement, the Union should, pursuant to Article 540(2) of the Trade and Cooperation Agreement, determine the date or dates from which Member States may supply, to the United Kingdom, personal data regarding DNA profiles and dactyloscopic data as referred to in Articles 530, 531, 534 and 536 of the the Trade and Cooperation Agreement. The Union should notify the United Kingdom of this position in the Specialised Committee on Law Enforcement and Judicial Cooperation.

(9) The Trade and Cooperation Agreement is binding on all the Member States by virtue of Council Decision (EU) 2021/689, which is based on Article 217 TFEU as its substantive legal basis.

(10) Denmark and Ireland are bound by Article 540 of the Trade and Cooperation Agreement by virtue of Council Decision (EU) 2021/689 and are therefore taking part in the adoption and application of this Decision which implements the Trade and Cooperation Agreement.