Decision 2021/1729 - EU position in the Specialised Committee on Law Enforcement and Judicial Cooperation established by the Trade and Cooperation Agreement with the United Kingdom regarding the extension of the period referred to in Article 540(3) of that Agreement during which DNA profiles and fingerprints can be exchanged with the United Kingdom - Main contents
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Council Decision (EU) 2021/1729 of 24 September 2021 on the position to be taken on behalf of the European Union in the Specialised Committee on Law Enforcement and Judicial Cooperation established by 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, of the other part, regarding the extension of the period referred to in Article 540(3) of that Agreement during which DNA profiles and fingerprints can be exchanged with the United KingdomLegal instrument | Decision |
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Number legal act | Decision 2021/1729 |
Regdoc number | ST(2021)11697 |
Original proposal | COM(2021)495 |
CELEX number i | 32021D1729 |
Document | 24-09-2021; Date of adoption |
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Publication in Official Journal | 30-09-2021; OJ L 345 p. 36-38 |
Effect | 24-09-2021; Entry into force Date of document See Art 2 |
End of validity | 31-12-9999 |
30.9.2021 |
EN |
Official Journal of the European Union |
L 345/36 |
COUNCIL DECISION (EU) 2021/1729
of 24 September 2021
on the position to be taken on behalf of the European Union in the Specialised Committee on Law Enforcement and Judicial Cooperation established by 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, of the other part, regarding the extension of the period referred to in Article 540(3) of that Agreement during which DNA profiles and fingerprints can be exchanged with the United Kingdom
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 87(2), point (a), in conjunction with Article 218(9) thereof,
Having regard to Council Decision (EU) 2021/689 of 29 April 2021 on the conclusion, on behalf of the Union, of 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, of the other part, and of the Agreement between the European Union and the United Kingdom of Great Britain and Northern Ireland concerning security procedures for exchanging and protecting classified information (1),
Having regard to the proposal from the European Commission,
Whereas:
(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, of the other part (2) (‘the TCA’) 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 on the 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 TCA. |
(3) |
The United Kingdom also has to undergo an evaluation with regard to searching and comparing DNA profiles and dactyloscopic data, for which the connections with the United Kingdom have already been established in accordance with the Union’s ‘Prüm’acquis, as set out in Council Decisions 2008/615/JHA (3) and 2008/616/JHA (4). |
(4) |
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, were transposed into the legal framework of the Union. Decision 2008/616/JHA implements Decision 2008/615/JHA and lays 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. These decisions form the Prüm acquis and are binding in accordance with the Treaties and these decisions. |
(5) |
Under Article 540(2) of the TCA, the Union is to determine the date or dates from which personal data may be supplied by Member States to the United Kingdom on the basis of an overall evaluation report on the evaluation visit and, where applicable, a pilot run. |
(6) |
Pending the outcome of the evaluation and the... |
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