Date: 2021-09-30Category: Not ApplicableState: Union GovernmentCountry: Europe
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
Executive Summary:
This Council Decision establishes the EU's position within the Specialised Committee on Law Enforcement and Judicial Cooperation regarding the Trade and Cooperation Agreement (TCA) with the United Kingdom. It concerns the extension of the period, until June 30, 2022, during which EU Member States can exchange DNA profiles and fingerprint data with the UK. This extension aims to prevent a gap in ongoing cooperation while the UK undergoes further evaluation. The decision was adopted on September 24, 2021, and entered into force upon adoption.
Key Points / Main Content:
* **Purpose:** Defines the EU's stance in the Specialised Committee on Law Enforcement and Judicial Cooperation.
* **Context:** Relates to the Trade and Cooperation Agreement (TCA) between the EU and the UK.
**Data Exchange Extension:**
* Extends the period for Member States to exchange DNA profiles and dactyloscopic data with the UK until June 30, 2022.
* This extension is based on Article 5403 of the TCA.
* The extension includes the supply of further available personal data in the event of a match, as per Article 536 of the TCA.
* The extension addresses a potential gap in cooperation due to ongoing evaluations of the UK.
**Evaluation and Prerequisites:**
* The UK must implement necessary measures and undergo evaluation by the EU for automated data comparison.
* The EU will determine the date from which data can be supplied to the UK, based on an evaluation report.
* The UK's existing evaluations under the Prüm framework are considered.
**Legal Basis and Binding Nature:**
* The decision is based on Article 87(2)(a) in conjunction with Article 218(9) of the Treaty on the Functioning of the European Union.
* Council Decision EU 2021/689 provides the basis for the TCA's binding nature on Member States.
Impact Analysis:
Member States:
* Impact: Member states can continue exchanging DNA profiles and fingerprint data with the United Kingdom until June 30, 2022, ensuring ongoing cooperation in law enforcement.
* Action Required: Continue data exchange practices as outlined in Articles 530, 531, 534, and 536 of the TCA until June 30, 2022.
European Union:
* Impact: Maintains internal security by ensuring continued cooperation with the UK on law enforcement matters, specifically regarding DNA and fingerprint data exchange.
* Action Required: Represent the agreed position in the Specialised Committee on Law Enforcement and Judicial Cooperation.
United Kingdom:
* Impact: Allows for continued access to DNA profiles and fingerprint data from EU Member States, supporting law enforcement efforts. The UK is still subject to evaluation by the EU.
* Action Required: Continue to cooperate with the EU evaluation process concerning data protection standards and implementing measures.
Specialised Committee on Law Enforcement and Judicial Cooperation:
* Impact: Responsible for implementing Article 5403 of the TCA by extending the data exchange period.
* Action Required: Formally agree to the extension of the data exchange period until June 30, 2022.
Key Entities Referenced
European Union: A political and economic union of member states located primarily in Europe.
European Atomic Energy Community: An international organisation established by the Treaty of Rome in 1957 with the purpose of creating a specialist market for nuclear power in Europe.
United Kingdom of Great Britain and Northern Ireland: A sovereign country in north-western Europe, commonly known as the United Kingdom (UK).
Trade and Cooperation Agreement: An 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, that governs their relationship after Brexit.
Council Decision EU 2021/689: Council Decision 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.
Specialised Committee on Law Enforcement and Judicial Cooperation: A committee established by the Trade and Cooperation Agreement between the European Union and the United Kingdom to address law enforcement and judicial cooperation matters.
Council Decisions 2008/615/JHA: Council Decision on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime.
Council Decisions 2008/616/JHA: Council Decision on the implementation of Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime.
L 345/36 EN Official Journal of the European Union 30.9.2021
DECISIONS
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 2021on 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
(1) OJ L 149, 30.4.2021, p. 2.
(2) OJ L 149, 30.4.2021, p. 10.
(3) 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).
(4) 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).30.9.2021 EN Official Journal of the European Union L 345/37
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 decision referred to in Article 540(2) of the TCA, in order to avoid a
gap in ongoing cooperation concerning DNA profiles and dactyloscopic data, Article 540(3) of the TCA provides
that Member States may supply such data to the United Kingdom until 30 September 2021.
(7) The process referred to in recitals 3, 5 and 6 is unlikely to be finalised by 30 September 2021. Therefore, there is a
significant risk that a gap in cooperation concerning DNA profiles and dactyloscopic data would arise from
1 October 2021. This would present concrete risks for the internal security of the Union.
(8) The Union has already evaluated the United Kingdom as regards the exchange of DNA profiles and dactyloscopic
data in the context of the Union’s Prüm framework when the United Kingdom was still a Member State. The Union
is not aware of any legislative or regulatory measures taken by the United Kingdom since those evaluations that
would affect the outcome of the ongoing evaluation under the TCA.
(9) In these circumstances, it is appropriate to establish the position to be adopted on the Union’s behalf in the
Specialised Committee on Law Enforcement and Judicial Cooperation. That position should be to agree to an
extension until 30 June 2022of the period during which Member States may continue to exchange data as referred
to in Articles 530, 531 and 534 of the TCA and, in the event of a match, supply further available personal data as
referred to in Article 536 of the TCA.
(10) Article 527 of the TCA states that the objective of Title II of Part Three (Law enforcement and judicial cooperation in
criminal matters) of the TCA 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 TCA is binding on all the Member States by virtue of Decision (EU) 2021/689, which is based on Article 217
TFEU as its substantive legal basis. Article 540(3) of the TCA empowers the Specialised Committee on Law
Enforcement and Judicial Cooperation to extend the period to supply personal data to the United Kingdom once by
a maximum of nine months, i.e. until 30 June 2022.
(12) Denmark and Ireland are bound by Article 540 of the TCA by virtue of Decision (EU) 2021/689 and are therefore
taking part in the adoption and application of this Decision which implements the TCA,
HAS ADOPTED THIS DECISION:
Article 1
The position to be taken on the Union’s behalf in the Specialised Committee on Law Enforcement and Judicial Cooperation
pursuant to Article 540(3) of the TCA shall be to agree to an extension until 30 June 2022 of the period during which
Member States may continue to exchange personal data as referred to in Articles 530, 531 and 534 of the TCA and supply
further available personal data as referred to in Article 536 of the TCA with the United Kingdom.
Article 2
This Decision shall enter into force on the date of its adoption.L 345/38 EN Official Journal of the European Union 30.9.2021
Done at Brussels, 24 September 2021.
For the Council
The President
G. DOVŽAN