Decision 2008/616 - Implementation of Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime - Main contents
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official title
Council Decision 2008/616/JHA of 23 June 2008 on the implementation of Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime| Legal instrument | Decision |
|---|---|
| Number legal act | Decision 2008/616 |
| Original proposal | JAI(2007)3 |
| CELEX number i | 32008D0616 |
| Document | 23-06-2008 |
|---|---|
| Publication in Official Journal | 06-08-2008; Special edition in Croatian: Chapter 11 Volume 029,OJ L 210, 6.8.2008 |
| Effect | 26-08-2008; Takes effect Date pub. + 20 See Art 24 |
| End of validity | 31-12-9999 |
6.8.2008 |
EN |
Official Journal of the European Union |
L 210/12 |
COUNCIL DECISION 2008/616/JHA
of 23 June 2008
on the implementation of Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to Article 33 of Council Decision 2008/615/JHA (1),
Having regard to the initiative of the Federal Republic of Germany,
Having regard to the opinion of the European Parliament (2),
Whereas:
(1) |
On 23 June 2008 the Council adopted Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime. |
(2) |
By means of Decision 2008/615/JHA, the basic elements of the Treaty of 27 May 2005 between the Kingdom of Belgium, the Federal Republic of Germany, the Kingdom of Spain, the French Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands and the Republic of Austria on the stepping up of cross-border cooperation, particularly in combating terrorism, cross-border crime and illegal migration (hereinafter the Prüm Treaty), were transposed into the legal framework of the European Union. |
(3) |
Article 33 of Decision 2008/615/JHA provides that the Council is to adopt the measures necessary to implement Decision 2008/615/JHA at the level of the Union in accordance with the procedure laid down in the second sentence of Article 34(2)(c) of the Treaty on European Union. These measures are to be based on the Implementing Agreement of 5 December 2006 concerning the administrative and technical implementation and application of the Prüm Treaty. |
(4) |
This Decision establishes those common normative provisions which are indispensable for administrative and technical implementation of the forms of cooperation set out in Decision 2008/615/JHA. The Annex to this Decision contains implementing provisions of a technical nature. In addition, a separate Manual, containing exclusively factual information to be provided by the Member States, will be drawn up and kept up to date by the General Secretariat of the Council. |
(5) |
Having regard to technical capabilities, routine searches of new DNA profiles will in principle be carried out by means of single searches, and appropriate solutions for this will be found at the technical level, |
HAS DECIDED AS FOLLOWS:
CHAPTER I
GENERAL
Article 1
Aim
The aim of this Decision is to lay down the necessary administrative and technical provisions for the implementation of Decision 2008/615/JHA, in particular as regards the automated exchange of DNA data, dactyloscopic data and vehicle registration data, as set out in Chapter 2 of that Decision, and other forms of cooperation, as set out in Chapter 5 of that Decision.
Article 2
Definitions
For the purposes of this Decision:
(a) |
‘search’ and ‘comparison’, as referred to in Articles 3, 4 and 9 of Decision 2008/615/JHA, mean the procedures by which it is established whether there is a match between, respectively, DNA data or dactyloscopic data which have been communicated by one Member State and DNA data or dactyloscopic data stored in the databases of one, several, or all of the Member States; |
(b) |
‘automated searching’, as referred to in Article 12 of Decision 2008/615/JHA, means an online access procedure for consulting the databases of one, several, or all of the Member States; |
(c) |
‘DNA profile’ means a letter or number code which represents a set of identification characteristics of the non-coding part of an analysed human DNA sample, i.e. the particular molecular structure at the various DNA locations (loci); |
(d) |
‘non-coding part of DNA’ means chromosome regions not genetically expressed, i.e. not known to provide for any... |
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