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Document 52019PC0035

Proposal for a COUNCIL DECISION on the signing, on behalf of the European Union, and on the provisional application of certain provisions of the Agreement between the European Union and the Principality of Liechtenstein on the application of certain provisions of Council Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime, of Council Decision 2008/616/JHA on the implementation of Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime, and the Annex thereto, and of Council Framework Decision 2009/905/JHA on accreditation of forensic service providers carrying out laboratory activities

COM/2019/35 final

No longer in force, Date of end of validity: 06/06/2019

Brussels, 31.1.2019

COM(2019) 35 final

2019/0016(NLE)

Proposal for a

COUNCIL DECISION

on the signing, on behalf of the European Union, and on the provisional application of certain provisions of the Agreement between the European Union and the Principality of Liechtenstein on the application of certain provisions of Council Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime, of Council Decision 2008/616/JHA on the implementation of Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime, and the Annex thereto, and of Council Framework Decision 2009/905/JHA on accreditation of forensic service providers carrying out laboratory activities


EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

Reasons for and objectives of the proposal

Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime 1 (‘the Prüm Decision’), was adopted in order to incorporate into the legal framework of the European Union the substance of the provisions of the previous Prüm Treaty on the stepping up of cross-border cooperation, particularly on combating terrorism, cross-border crime and illegal migration, which was agreed by seven European Countries on 27 May 2005. On the same day, the Council also adopted 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 2  (‘the Prüm Implementing Decision’), which lays down the necessary technical provisions for the implementation of Decision 2008/615/JHA.

The Prüm Decision and the Prüm Implementing Decision are designed to improve the exchange of information between the authorities responsible for the prevention and investigation of criminal offences and to enhance cross-border police and judicial cooperation among the Member States of the Union. The Prüm Decision contains, inter alia, provisions whereby Member States grant one another, on a mutual basis, access rights to their automated DNA analysis files, automated dactyloscopic identification systems and vehicle registration data. The information obtained by comparing data will open up, indeed, new investigative approaches and thus play a crucial role in assisting Member States' law enforcement and judicial authorities.

On 30 November 2009, the Council adopted Council Framework Decision 2009/905/JHA on accreditation of forensic service providers carrying out laboratory activities 3 (‘the Forensic Decision’). This Council Framework Decision lays down the requirements for the exchange of DNA and fingerprint data, in order to ensure that the results of laboratory activities carried out by accredited forensic service providers in one Member State are recognised by the authorities responsible for the prevention, detection and investigation of criminal offences as being equally reliable as the results of laboratory activities carried out by forensic service providers accredited to EN ISO/IEC 17025 within any other Member State.

In October 2015, the Commission submitted the recommendation for a Council Decision authorising the negotiations for the conclusion of agreements with the Swiss Confederation and the Principality of Liechtenstein on the application of certain provisions of Council Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime, of Council Decision 2008/616/JHA on the implementation of Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime, and the Annex thereto, including the Annex (Negotiation Directives), to the Council.

On 10 June 2016, the Council authorised the Commission to open negotiations with the Swiss Confederation and the Principality of Liechtenstein on the application of certain provisions of Council Decision 2008/615/JHA, of Council Decision 2008/616/JHA, and the Annex thereto, and of Council Framework Decision 2009/905/JHA on accreditation of forensic service providers carrying out laboratory activities. The negotiations were successfully finalised with both countries by the initialling of the Agreements on 24 May 2018.

The Commission considers that the objectives set by the Council in its negotiating directives were attained and that the draft Agreement is acceptable to the Union.

This international agreement between the EU and Liechtenstein aims to improve and simplify the automated exchange of information and intelligence between law enforcement authorities of the Member States and this associated country, in order to stimulate international police cooperation. The possibility for all the Member States to have access to the national databases of the Swiss Confederation and the Principality of Lichtenstein 4 , regarding the DNA, dactyloscopic and vehicle registration data, and the other way around, is undoubtedly of central importance in order to foster and encourage the cross border police cooperation. The improvement of law enforcement information exchange for maintaining the security in the European Union cannot be sufficiently achieved by the Member States in isolation, due to the nature of international crime which is not confined to the EU borders.

Consistency with existing policy provisions in the policy area

The Principality of Liechtenstein has acceded to the Association Agreement of 26 October 2004 by way of the Protocol between the European Union, the European Community, the Swiss Confederation and the Principality of Liechtenstein on the accession of the Principality of Liechtenstein to the Agreement between the European Union, the European Community and the Swiss Confederation on the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis 5 . Thus, the Principality of Liechtenstein has joined the Council Framework Decision 2006/960/JHA of 18 December 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union 6 , the so-called ‘Swedish Initiative’, which constitutes a development of provisions of the Schengen acquis.

The Swedish Initiative is, to a certain extent, related to the Prüm Decision, since it lays down rules whereby the law enforcement authorities of the Member States and the associated countries may exchange existing information and intelligence effectively for the purpose of carrying out criminal investigations or criminal intelligence operations. According to Article 5(1) of the Swedish Initiative information and intelligence may be requested for the purpose of detection, prevention or investigation of an offence when there are factual reasons to believe that the relevant information and intelligence is available in another Member State. The automated information exchange under the Prüm Decision is suitable to establish such factual reasons.

Moreover, according to Article 20(1) of Regulation (EU) No 603/2013 7 , prior to making a law enforcement access request to Eurodac, Member States must first check fingerprint databases available under national law and compare the fingerprint dataset with the Automated Fingerprint Databases of other Member States under the Prüm Decision. Member States that do not fulfil the pre-condition of undertaking a Prüm check, which is a compulsory pre-requisite, will not be able to make a law enforcement access request to Eurodac.

On 14 December 2015, the Council authorised the Commission to open negotiations on agreements between the Union, on the one part, and Denmark, Iceland, Norway, Switzerland and Liechtenstein, on the other part, on the modalities of the participation by these States to the procedure for comparison and data transmission for law enforcement purposes laid down in the Chapter VI of Regulation (EU) No 603/2013.

The international agreement between the Union and Iceland and Norway on the application of certain provisions of Council Decision 2008/615/JHA on the stepping up of cross- border cooperation, particularly in combating terrorism and cross-border crime and Council Decision 2008/616/JHA on the implementation of Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime, was concluded on 26 July 2010.

In accordance with Article 3 of Protocol No 21 8 on the Position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, and these Member States shall notify their wish to take part in the adoption and application of this proposal for a Council Decision within 3 months after its adoption by the Commission.

In accordance with Articles 1 and 2 of Protocol No 22 9 on the Position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application.

2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

Legal basis

The legal basis for this proposal for a Council Decision is Article 82(1)(d) and Article 87(2)(a), in conjunction with Article 218(5) of the Treaty on the Functioning of the European Union (TFEU).

Subsidiarity (for non-exclusive competence)

In accordance with the principle of subsidiarity set out in Article 5 of the Treaty on European Union, the objectives of this Agreement can only be achieved at Union level.

Proportionality

In order to stimulate international cooperation in this area, it is of fundamental importance that all the participants who exchange data under the Prüm Framework implement the same technical, procedural and data protection standards and requirements in order to allow for fast, efficient and accurate exchange of information. The proposal complies with the proportionality principle because it does not go beyond what is necessary in order to achieve the objectives of the effective participation of the Principality of Liechtenstein in the Prüm Decisions and the Forensic Decision.

Choice of the instrument

A Decision of the Council authorising the signature of the Agreement is required under Article 218(5) of TFEU.

3.RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

Stakeholder consultations

The Council has been informed and consulted in the relevant Council Working Group (DAPIX). The European Parliament (LIBE Committee) has been informed.

Fundamental rights

The Agreement is fully in line with fundamental rights and data protection principles stated in the Prüm Decision (Chapter 6).

4.BUDGETARY IMPLICATIONS

Recital 8 of the Agreement states that the Principality of Liechtenstein should bear the costs incurred by its own authorities in connection with the application of this agreement. Article 1(1) of the Agreement lists the applicable articles of the Prüm Decision including Article 34, which provides that each Member State shall bear the operational costs incurred by its own authorities in connection with the application of the Prüm Decision. Article 1(4) applies similar obligation for the Member States concerning the Forensics Decision. Thus, there are no budgetary implications for the Union budget.

5.OTHER ELEMENTS

Implementation plans and monitoring, evaluation and reporting arrangements

The implementation, including prior evaluation by the Council and Member States, notifications and declarations are described in the Article 8 of the Agreement.

Detailed explanation of the specific provisions of the proposal

The Agreement lists the provisions of the Prüm Decision, the Prüm Implementing Decision and the Forensic Decision that shall become applicable to the Principality of Liechtenstein after entry into force of the Agreement.

The Agreement also sets the provisions for uniform application (Article 3), dispute settlement (Article 4), amendments (Article 5), notifications and declarations (Article 8). The contracting Parties agree to carry out common review of the agreement no later than five years after its entry into force (Article 6). The Agreement is concluded for an indefinite period whilst one of the Contracting Parties can terminate the Agreement at any time (Article 10).

2019/0016 (NLE)

Proposal for a

COUNCIL DECISION

on the signing, on behalf of the European Union, and on the provisional application of certain provisions of the Agreement between the European Union and the Principality of Liechtenstein on the application of certain provisions of Council Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime, of Council Decision 2008/616/JHA on the implementation of Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime, and the Annex thereto, and of Council Framework Decision 2009/905/JHA on accreditation of forensic service providers carrying out laboratory activities

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 82(1)(d) and Article 87(2)(a),in conjunction with Article 218(5) thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1)On 10 June 2016,the Council authorised the Commission to open negotiations for the conclusion of agreement between the European Union and the Principality of Liechtenstein on the application of certain provisions of Council Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime 10 , of Council Decision 2008/616/JHA on the implementation of Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime 11 , and the Annex thereto, and of Council Framework Decision 2009/905/JHA on accreditation of forensic service providers carrying out laboratory activities 12 (‘the Agreement’).

(2)The negotiations were successfully finalised by the initialling of the Agreement on 24 May 2018.

(3)The improvement of law enforcement information exchange for maintaining security in the Union cannot be sufficiently achieved by the Member States in isolation, due to the nature of international crime, which is not confined to the Union borders. The possibility for all the Member States and the Principality of Liechtenstein to have reciprocal access to national databases regarding DNA analysis files, dactyloscopic identification systems and vehicle registration data is of central importance to foster crossborder law enforcement cooperation.

(4)[In accordance with Article 3 of Protocol No 21 on the Position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, those Member States have notified their wish to take part in the adoption and application of this Decision.]

(5)In accordance with Articles 1 and 2 of Protocol No 22 on the Position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application.

(6)The Agreement should be signed on behalf of the Union, subject to its conclusion at a later date, and the attached Declaration be approved.

(7)The Agreement caters for the provisional application of certain of its provisions. These provisions should be applied on a provisional basis pending the completion of the procedures for the formal conclusion of the Agreement and entry into force,

HAS ADOPTED THIS DECISION:

Article 1

The signing of the Agreement between the European Union and the Principality of Liechtenstein on the application of certain provisions of Council Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime, of Council Decision 2008/616/JHA on the implementation of Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime, and the Annex thereto, and of Council Framework Decision 2009/905/JHA on accreditation of forensic service providers carrying out laboratory activities (‘the Agreement’) is hereby approved on behalf of the Union, subject to its conclusion.

The text of the Agreement to be signed is attached to this Decision.

Article 2

The Council Secretariat General shall establish the instrument of full powers to sign the Agreement, subject to its conclusion, for the person or persons indicated by the negotiator of the Agreement.

Article 3

The Declaration attached to this Decision shall be approved on behalf of the Union.

Article 4

Article 5(1) and (2) of the Agreement shall be applied provisionally, in accordance with Article 8(3) of the Agreement, as from the day of its signature, pending its entry into force.

Article 5

This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

Done at Brussels,

   For the Council

   The President

(1)    OJ L 210, 6.8.2008, p. 1.
(2)    OJ L 210, 6.8.2008, p. 12.
(3)    OJ L 322, 9.12.2009, p. 14.
(4)    In practice, Liechtenstein has no separate databases and uses the ones of Switzerland.
(5)    OJ L 160 p. 21, 18.6.2011.
(6)    OJ L 386, 29.12.2006, p. 89.
(7)    Regulation (EU) No 603/2013 of the European Parliament and of the Council of 26 June 2013 on the establishment of 'Eurodac' for comparison of fingerprints for the effective application of Regulation (EU) No 604/2013 establishing the criteria and mechanism for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third country national or a stateless person and on requests for the comparison with Eurodac data by Member States' law enforcement authorities and Europol for law enforcement purposes, and amending Regulation (EU) No 1077/2011 establishing a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (recast) (OJ L 180, 29.6.2013, p. 1).
(8)    OJ C 202, 7.6.2016, p. 295.
(9)    OJ C 326, 26.10.2012, p. 299.
(10)    Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (OJ L 210, 6.8.2008, p. 1).
(11)    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 (OJ L 210, 6.8.2008, p. 12).
(12)    Council Framework Decision 2009/905/JHA of 30 November 2009 on accreditation of forensic service providers carrying out laboratory activities (OJ L 322, 9.12.2009, p. 14).OJ L 322, 9.12.2009, p. 14.
Top

Brussels, 31.1.2019

COM(2019) 35 final

ANNEX

to the

Proposal for a Council Decision

on the signing, on behalf of the European Union, and on the provisional application of certain provisions of the Agreement between the European Union and the Principality of Liechtenstein on the application of certain provisions of Council Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime, of Council Decision 2008/616/JHA on the implementation of Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime, and the Annex thereto, and of Council Framework Decision 2009/905/JHA on accreditation of forensic service providers carrying out laboratory activities


AGREEMENT

between the European Union and the Principality of Liechtenstein on the application of certain provisions of Council Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime, Council Decision 2008/616/JHA on the implementation of Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime, and the Annex thereto, and of Council Framework Decision 2009/905/JHA on accreditation of forensic service providers carrying out laboratory activities

THE EUROPEAN UNION, on the one hand, and

THE PRINCIPALITY OF LIECHTENSTEIN, on the other hand, hereinafter referred to as ‘the Contracting Parties’,

WISHING to improve police and judicial cooperation between the Member States of the European Union and the Principality of Liechtenstein, without prejudice to the rules protecting individual freedom,

CONSIDERING that current relationships between the Contracting Parties, in particular the Agreement between the European Union, the European Community and the Principality of Liechtenstein on the Principality of Liechtenstein's association with the implementation, application and development of the Schengen acquis, demonstrate close cooperation in the fight against crime,

POINTING OUT the Contracting Parties’ common interest in ensuring that police cooperation between the Member States of the European Union and the Principality of Liechtenstein is carried out in a fast and efficient manner compatible with the basic principles of their national legal systems, and in compliance with the individual rights and principles of the European Convention for the Protection of Human Rights and Fundamental Freedoms, signed at Rome on 4 November 1950,

RECOGNISING that Council Framework Decision 2006/960/JHA of 18 December 2006 on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union already lays down rules whereby the law enforcement authorities of the Member States of the European Union and the Principality of Liechtenstein may exchange existing information and intelligence expeditiously and effectively for the purpose of carrying out criminal investigations or criminal intelligence operations,

RECOGNISING that, in order to stimulate international cooperation in this area, it is of fundamental importance that precise information can be exchanged swiftly and efficiently. The aim is to introduce procedures for promoting fast, efficient and inexpensive means of data exchange. For the joint use of data these procedures should be subject to accountability and incorporate appropriate guarantees as to the accuracy and security of the data during transmission and storage as well as procedures for recording data exchange and restrictions on the use of information exchanged,

POINTING OUT that this Agreement therefore contains provisions which are based on the main provisions of Council Decision 2008/615/JHA and Council Decision 2008/616/JHA , and the Annex thereto and of Council Framework Decision 2009/905/JHA , and are designed to improve the exchange of information whereby Member States of the European Union and the Principality of Liechtenstein grant one another access rights to their automated DNA analysis files, automated dactyloscopic identification systems and vehicle registration data. In the case of data from national DNA analysis files and automated dactyloscopic identification systems, a hit/no hit system should enable the searching State, in a second step, to request specific related personal data from the State administering the file and, where necessary, to request further information through mutual assistance procedures, including those adopted pursuant to Council Framework Decision 2006/960/JHA,

CONSIDERING that those provisions would considerably speed up existing procedures enabling Member States and the Principality of Liechtenstein to find out whether another State, and if so, which, has the information it needs,

CONSIDERING that cross-border data comparison will open up a new dimension in crime fighting. The information obtained by comparing data will open up new investigative approaches and thus play a crucial role in assisting States’ law enforcement and judicial authorities,

CONSIDERING that the rules are based on networking States’ national databases,

CONSIDERING that subject to certain conditions, States should be able to supply personal and non-personal data in order to improve the exchange of information with a view to preventing criminal offences and maintaining public order and security in connection with major events with a cross-border dimension,

RECOGNISING that in addition to improving the exchange of information, there is a need to regulate other forms of closer cooperation between police authorities, in particular by means of joint security operations (e.g. joint patrols),

CONSIDERING that the hit/no hit system provides for a structure of comparing anonymous profiles, where additional personal data is exchanged only after a hit, the supply and receipt of which is governed by national law, including the legal assistance rules. This set-up guarantees an adequate system of data protection, it being understood that the supply of personal data to another State requires an adequate level of data protection on the part of the receiving State,

CONSIDERING that the Principality of Liechtenstein should bear the costs incurred by its own authorities in connection with the application of this agreement,

RECOGNISING that the accreditation of forensic service providers carrying out laboratory activities is an important step towards a safer and more effective exchange of forensic information, certain provisions of Council Framework Decision 2009/905/JHA shall be complied with by the Principality of Liechtenstein,

CONSIDERING that the processing of personal data by the authorities of the Principality of Liechtenstein for the purposes of the prevention, detection or investigation of terrorist offences or of other serious criminal offences pursuant to this agreement should be subject to a standard of protection of personal data under its national law which complies with Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA ,

TAKING AS A BASIS the mutual confidence of the Member States of the European Union and the Principality of Liechtenstein in the structure and operation of their legal systems,

TAKING INTO ACCOUNT the circumstance that, pursuant to the Agreement between the Swiss Confederation and the Principality of Liechtenstein referring to the cooperation in the frame of the Swiss information system of the dactyloscopic data and DNA profile , both countries share the same database and systems with regard to the exchange of information, respectively the DNA and dactyloscopic data,

RECOGNISING that the provisions of bilateral and multilateral agreements remain applicable for all matters not covered by this Agreement,

HAVE DECIDED TO CONCLUDE THIS AGREEMENT:

Article 1

Object and purpose

1.    Subject to the provisions of this Agreement, the content of Articles 1-24, 25(1), 26-32 and 34 of Council Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime, shall be applicable in bilateral relations between the Principality of Liechtenstein and each of the Member States of the European Union.

2.    Subject to the provisions of this Agreement, the content of Articles 1-19 and 21 of Council Decision 2008/616/JHA on the implementation of Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime, and the Annex thereto except its chapter 4, point 1, shall be applicable in the relations referred to in paragraph 1.

3.    The declarations made by Member States in accordance with Council Decisions 2008/616/JHA and 2008/615/JHA shall also be applicable in their relations with the Principality of Liechtenstein.

4.    Subject to the provisions of this Agreement, the content of Articles 1-5 and 6(1) of Council Framework Decision 2009/905/JHA on accreditation of forensic service providers carrying out laboratory activities shall be applicable in the relations referred to in paragraph 1.

Article 2

Definitions

1.    ‘Contracting Parties’ shall mean the European Union and the Principality of Liechtenstein.

2.    ‘Member State’ shall mean a Member State of the European Union.

3.    ‘State’ shall mean a Member State or the Principality of Liechtenstein.

Article 3

Uniform application and interpretation

1.    The Contracting Parties, in order to achieve the objective of arriving at as uniform an application and interpretation as possible of the provisions referred to in Article 1, shall keep under constant review the development of the case-law of the Court of Justice of the European Union, as well as the development of the case-law of the competent courts of the Principality of Liechtenstein relating to such provisions. To this end a mechanism shall be set up to ensure regular mutual exchange of such case-law.

2.    The Principality of Liechtenstein shall be entitled to submit statements of case or written observations to the Court of Justice in cases where a question has been referred to it by a court or tribunal of a Member State for a preliminary ruling concerning the interpretation of any provision referred to in Article 1.

Article 4

Dispute settlement

Any dispute between the Principality of Liechtenstein and a Member State regarding the interpretation or the application of this Agreement or of any of the provisions referred to in Article 1 and amendments thereto may be referred by a party to the dispute to a meeting of representatives of the governments of the Member States and of the Principality of Liechtenstein, with a view to its speedy settlement.

Article 5

Amendments

1.    Where it is necessary to amend the provisions referred to in Article 1, the European Union shall inform the Principality of Liechtenstein at the earliest possible occasion and collect any comments it may have.

2.    The Principality of Liechtenstein shall be notified of any amendment of the provisions referred to in Article 1 by the European Union as soon as the amendment is adopted.

The Principality of Liechtenstein shall decide independently whether to accept the content of the amendment and to implement it into its internal legal order. This decision shall be notified to the European Union within three months of the date of notification.

3.    If the content of the amendment can be binding on the Principality of Liechtenstein only after the fulfilment of constitutional requirements, the Principality of Liechtenstein shall inform the European Union of this at the time of its notification. The Principality of Liechtenstein shall promptly inform the European Union in writing upon fulfilment of all constitutional requirements. Where a referendum is not required, notification shall take place as soon as the referendum deadline expires. If a referendum is required, the Principality of Liechtenstein shall have a maximum of eighteen months from the date of the notification by the European Union within which to make its notification. From the date laid down for the entry into force of the amendment for the Principality of Liechtenstein and until the information upon fulfilment of its constitutional requirements, the Principality of Liechtenstein shall provisionally apply, where possible, the content of the amendment.

4.    If the Principality of Liechtenstein does not accept the amendment, this Agreement shall be suspended. A meeting of the Contracting Parties shall be convened to examine all further possibilities with a view to continue the good functioning of this Agreement, including the possibility to take notice of equivalence of legislation. Suspension shall be terminated as soon as the Principality of Liechtenstein notifies its acceptance of the amendment or if the Contracting Parties agree to reinstate the Agreement.

5.    If, after a period of six months of suspension, the Contracting Parties have not agreed to reinstate the Agreement, it shall cease to apply.

6.    Paragraphs 4 and 5 do not apply to amendments relating to Chapters 3, 4 or 5 of Council Decision 2008/615/JHA or Article 17 of Council Decision 2008/616/JHA, in respect of which the Principality of Liechtenstein has notified the European Union that it does not accept the amendment stating the reasons thereof. In that case, and without prejudice to Article 10, the content of the relevant provisions in their version prior to the amendment shall continue to be applicable in the relations between the Principality of Liechtenstein and the Member States.

Article 6

Review

The Contracting Parties agree to carry out a common review of this Agreement no later than five years after its entry into force. The review shall in particular address the practical implementation, interpretation and development of the Agreement and shall also include issues such as the consequences of development of the European Union relating to the subject-matter of this Agreement.

Article 7

Relationship with other instruments

1.    The Principality of Liechtenstein may continue to apply bilateral or multilateral agreements or arrangements on cross-border cooperation with Member States that are in force on the date this Agreement is concluded in so far as such agreements or arrangements are not incompatible with the objectives of this Agreement. The Principality of Liechtenstein shall notify the European Union of any such agreements or arrangements which will continue to apply.

2.    The Principality of Liechtenstein may conclude or bring into force additional bilateral or multilateral agreements or arrangements on cross-border cooperation with Member States after this Agreement has entered into force insofar as such agreements or arrangements provide for the objectives of this Agreement to be extended or enlarged. The Principality of Liechtenstein shall notify the European Union of any such new agreement or arrangement within three months of signing or, in the case of instruments that were signed before the entry into force of this Agreement, within three months of their entry into force.

3.    The agreements and arrangements referred to in paragraphs 1 and 2 may not affect relations with Member States that are not parties thereto.

4.    This Agreement shall be without prejudice to existing agreements on legal assistance or mutual recognition of court decisions.

Article 8

Notifications, declarations and entry into force

1.    The Contracting Parties shall notify each other of the completion of the procedures required to express their consent to be bound by this Agreement.

2.    The European Union may express its consent to be bound by this Agreement even if the decisions as regards the processing of personal data which are or have been supplied pursuant to Council Decision 2008/615/JHA have not yet been taken in respect of all the Member States.

3.    Article 5(1) and (2) shall apply provisionally as from the time of signature of this Agreement.

4.    With respect to amendments adopted after the signature of this Agreement but before its entry into force, the period of three months referred to in the last sentence of Article 5(2) shall start to run from the day of entry into force of this Agreement.

5.    When giving its notification under paragraph 1 or, if so provided, at any time thereafter, the Principality of Liechtenstein shall make the declarations provided for in this Agreement.

6.    This Agreement shall enter into force on the first day of the third month following the date of the last notification pursuant to paragraph 1.

7.    The supply by Member States and the Principality of Liechtenstein of personal data under this Agreement may not take place until the provisions of Chapter 6 of Council Decision 2008/615/JHA have been implemented in the national law of the States involved in such supply.

8.    In order to verify whether this is the case for the Principality of Liechtenstein, an evaluation visit and a pilot run shall be carried out in respect of and under conditions and arrangements acceptable to the Principality of Liechtenstein, similar to those concluded in respect of Member States pursuant to Chapter 4 of the Annex to Council Decision 2008/616/JHA.

On the basis of an overall evaluation report and following the same steps as for the launching of automated data exchanges in Member States the Council shall determine the date or dates as from which personal data may be supplied by Member States to the Principality of Liechtenstein pursuant to this Agreement.

9.    The provisions of Directive (EU) 2016/680 of the European Parliament and of the Council shall be implemented and applied by the Principality of Liechtenstein. The Principality of Liechtenstein shall communicate to the European Commission the text of the main provisions adopted in the field covered by the Directive.

10.    The provisions of Council Framework Decision 2009/905/JHA referred to in Article 1, paragraph 4 shall be implemented and applied by the Principality of Liechtenstein. The Principality of Liechtenstein shall communicate to the European Commission the text of the main provisions adopted in the field covered by the Council Framework Decision.

11.    The competent authorities of the Principality of Liechtenstein may not apply the provisions of Chapter 2 of Council Decision 2008/615/JHA before the Principality of Liechtenstein has transposed and applied the measures referred to in paragraphs 9 and 10.

Article 9

Accession

Accession by new Member States to the European Union shall create rights and obligations under this Agreement between those new Member States and the Principality of Liechtenstein.

Article 10

Termination

1.    This Agreement may be terminated at any time by one of the Contracting Parties.

2.    Termination of this Agreement pursuant to paragraph 1 shall take effect six months after the deposit of the notification of termination.

Done at INSERT on DATE in two originals in the Bulgarian, Spanish, Czech, Danish, German, Estonian, Greek, English, French, Croatian, Italian, Latvian, Lithuanian, Hungarian, Maltese, Dutch, Polish, Portuguese, Romanian, Slovak, Slovenian, Finnish and Swedish languages, each of these texts being equally authentic.

For the European Union

For the Principality of Liechtenstein

DECLARATION TO BE ADOPTED AT THE OCCASION OF THE SIGNATURE OF THE AGREEMENT

The European Union and the Principality of Liechtenstein, Contracting Parties of the Agreement on the application of certain provisions of Council Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime, Council Decision 2008/616/JHA on the implementation of Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime, and the Annex thereto, and of Council Framework Decision 2009/905/JHA on accreditation of forensic service providers carrying out laboratory activities (hereinafter referred to as ‘the Agreement’),

declare:

The implementation of the DNA, dactyloscopic and vehicle registration data exchange pursuant to the Agreement will require that the Principality of Liechtenstein sets up bilateral connections for each of these data categories with each of the Member States.

To enable and facilitate this work, the Principality of Liechtenstein will be provided with all the available documentation, software products and contact lists. The Principality of Liechtenstein will have the opportunity to set up an informal partnership with Member States that have already implemented such data exchange, with a view to sharing experiences and getting practical and technical support. The details of such partnerships are to be arranged in direct contacts with the Member States concerned.

The Liechtenstein experts can contact at any time the Presidency of the Council, the European Commission or leading experts in these matters to obtain information, clarification or any other support. Similarly, the Commission will, whenever in preparation of proposals or communications it contacts representatives of the Member States, avail itself of the opportunity to contact also representatives of the Principality of Liechtenstein.

Liechtenstein experts may be invited to attend meetings where Member States’ experts discuss within the Council technical aspects which are directly relevant to the proper application and development of the content of the aforementioned Council Decisions.

ANNEX […]

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