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Summaries of EU Legislation

Stepping up cross-border cooperation – the Prüm decision

SUMMARY OF:

Decision 2008/615/JHA – cross-border cooperation, particularly in combating terrorism and cross-border crime

WHAT IS THE AIM OF THE DECISION?

The decision aims to improve cross-border cooperation between EU Member States’ police and judicial authorities to combat terrorism and cross-border crime more effectively. It focuses particularly on automated exchanges of information, but also on major events and on fighting terrorism.

The decision stems from a multilateral treaty signed in 2005 by Belgium, Germany, Spain, France, Luxembourg, the Netherlands and Austria. It has been transformed into a legal instrument binding all Member States. The Council of the European Union subsequently adopted the Prüm decision and its implementing rules.

KEY POINTS

The decision sets out rules with regard to:

  • automated access to DNA profiles, dactyloscopic data1 and certain national vehicle registration data;
  • the supply of data relating to major events;
  • the supply of information in order to prevent terrorist offences;
  • other measures for stepping up cross-border police cooperation.

Establishment of national databases and automated access to data

  • Member States must establish national DNA analysis files for the purpose of investigating criminal offences.
  • Reference data, consisting of the non-coding part of DNA2 and a reference number that does not enable an individual to be identified, must be made available to other Member States to carry out automated searching3.
  • Searches are performed via national contact points by comparing DNA profiles4, but only for individual cases and on a hit/no-hit procedure5 basis.
  • Member States must also make available reference data from their national automated fingerprint identification systems.
  • The searches are carried out by comparing dactyloscopic data and, similarly to DNA searches, are carried out only for individual cases and on a hit/no-hit procedure basis.
  • National contact points must also be given access to certain national vehicle registration data via automated online searches.

Supply of data relating to major events

  • In case of major events involving more than one Member State, the countries concerned must provide each other with non-personal data6, as required for the purpose of preventing criminal offences and maintaining public order and security.
  • Personal data may be supplied only if the data subjects are considered a threat to public order and security, or if it is believed that they will commit criminal offences at the events. The data may only be used in relation to the event it was provided for and must be deleted once it has served its purpose, but no later than 1 year after it was supplied.

Supply of information to fight terrorism

In individual cases and with certain restrictions, Member States may provide the following data to each other to prevent terrorist attacks:

  • surname and first names;
  • date and place of birth;
  • a description of the conditions leading to the supposition that criminal offences will be committed.

Other measures for enhancing cross-border police cooperation

  • Member States can carry out joint patrols and other joint operations to prevent criminal offences and to maintain public order and security on a given Member State’s territory.
  • Member States must provide mutual assistance to each other in cases of mass gatherings and other comparable major events, disasters and serious accidents.

FROM WHEN DOES THE DECISION APPLY?

It has applied since .

BACKGROUND

For further information, see:

KEY TERMS

  1. Dactyloscopic data. Fingerprint images, images of fingerprint latents (prints that are invisible to the naked eye and must be professionally analysed), palm prints, palm print latents and templates of such images that are stored and dealt with in an automated database.
  2. Non-coding part of DNA. Chromosome regions that are not expressed genetically, i.e. not known to provide for any functional properties of an organism.
  3. Automated searching. An online access procedure for consulting the databases of one, several or all of the Member States.
  4. DNA profile. A letter or number code that represents a set of identification characteristics of the non-coding part of an analysed human DNA sample.
  5. Hit/no-hit procedure. Parties grant each other limited access to the reference data in their national DNA and fingerprint databases. They also grant the right to use this data to conduct automated checks of fingerprints and DNA profiles. The personal information related to the reference data is not available to the requesting party.
  6. Non-personal data. Data containing individual DNA profiles that may be used to establish a match or a hit, but that does not reveal the identity of the data subject.

MAIN DOCUMENT

Council Decision 2008/615/JHA of on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (OJ L 210, , pp. 1–11).

Successive amendments to Decision 2008/615/JHA have been incorporated into the original text. This consolidated version is of documentary value only.

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