(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 ‘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)

Pursuant to Article 540(2) of the Trade and Cooperation Agreement, the Union is to determine the date from which personal data relating to automated searching of vehicle registration data can be supplied by Member States to the United Kingdom, on the basis of an overall evaluation report, summarising the results of a relevant questionnaire, an evaluation visit and, where applicable, a pilot run.

(3)

By means of Council Decision 2008/615/JHA (3), 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. Council Decision 2008/616/JHA (4) implements Decision 2008/615/JHA and lays down the necessary administrative and technical provisions for the implementation of that Decision, in particular as regards the automated exchange of DNA data, dactyloscopic data and vehicle registration data. Subsequently, Decisions 2008/615/JHA and 2008/616/JHA were amended by Regulation (EU) 2024/982 of the European Parliament and of the Council (5) (the ‘Prüm II Regulation’). Those Decisions, as well as the Prüm II Regulation, form the Prüm acquis and are binding in accordance with the Treaties.

(4)

By letter of 20 May 2024, the United Kingdom informed the Commission, through the Specialised Committee on Law Enforcement and Judicial Cooperation established by the Trade and Cooperation Agreement, that it had implemented the obligations imposed under Title II of Part Three of the Trade and Cooperation Agreement in respect of vehicle registration data. The United Kingdom also made declarations and designations in accordance with Article 22 of Chapter 0 of Annex 39 to the Trade and Cooperation Agreement and expressed its readiness to be evaluated for the exchange of vehicle registration data between Member States and the United Kingdom.

(5)

On 25 October 2024, the Commission sent the United Kingdom a questionnaire relating to the automated exchange of vehicle registration data pursuant to Article 1 of Chapter 4 of Annex 39 to the Trade and Cooperation Agreement. On 11 November 2024, the United Kingdom provided the Commission with its answers to that questionnaire. Those 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 13 November 2024.

(6)

Pursuant to Article 2 of Chapter 4 of Annex 39 to the Trade and Cooperation Agreement, a pilot run was to be carried out by the United Kingdom together with one or more Member States already exchanging vehicle registration data under Decisions 2008/615/JHA and 2008/616/JHA, shortly before or shortly after an evaluation visit. The pilot run was successfully completed shortly before the evaluation visit.

(7)

Pursuant to Article 3 of Chapter 4 of Annex 39 to the Trade and Cooperation Agreement, the United Kingdom underwent an evaluation visit with regard to automated searching of vehicle registration data from 17 to 20 June 2025. The evaluation report as referred to in Article 540(2) of the Trade and Cooperation Agreement concluded that the necessary implementing measures enabling automated exchange of vehicle registration data with the Member States pursuant to Title II of Part Three of and Annex 39 to the Trade and Cooperation Agreement have been successfully taken in the United Kingdom at legal, operational and technical levels.

(8)

Pursuant to Article 5 of Chapter 4 of Annex 39 to the Trade and Cooperation Agreement, the overall evaluation report, summarising the results of the questionnaire, the evaluation visit and the pilot run, was presented to the Council on 17 October 2025.

(9)

Since the United Kingdom fulfils the conditions set out in Article 539 of and Annex 39 to the Trade and Cooperation Agreement, the Union should, pursuant to Article 540(2) of the Trade and Cooperation Agreement, determine the date from which Member States may supply, to the United Kingdom, personal data relating to vehicle registration data as referred to in Article 537 of the Trade and Cooperation Agreement. Such data should be allowed to be supplied as from 15 June 2026. The Union should notify the United Kingdom of this position in the Specialised Committee on Law Enforcement and Judicial Cooperation. It is therefore appropriate to establish the position to be taken on the Union’s behalf vis-à-vis the United Kingdom regarding the determination of that date.

(10)

Article 527 of the Trade and Cooperation Agreement states that the objective of Title II of Part Three (Law enforcement and judicial cooperation in criminal matters) of the Trade and Cooperation Agreement is to establish reciprocal cooperation between the competent law enforcement authorities of the United Kingdom, on the one side, and the Member States, on the other side, on the automated transfer of DNA profiles, dactyloscopic data and certain domestic vehicle registration data.

(11)

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

(12)

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