Date: 2021-11-10Category: Not ApplicableState: Union GovernmentCountry: Europe
Decision No 1/2021 of the Specialised Committee established by Article 8(1)(r) 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, of 28 September 2021 as regards the extension of the period referred to in Article 540(3) during which DNA profiles and dactyloscopic data can be exchanged with the United Kingdom [2021/1946] (Pursuant to Rule 9(2) of Annex 1 of the Trade and Cooperation Agreement, the Secretariat shall record any decision or recommendation under a serial number and with a reference to the date of its adoption.)
Executive Summary:
Decision No 1/2021 extends the period during which EU Member States can supply the United Kingdom with specific personal data, as outlined in Articles 530, 531, 534, and 536 of the Trade and Cooperation Agreement. This extension, decided by the Specialised Committee on Law Enforcement and Judicial Cooperation, is effective from the date of adoption and lasts until 30 June 2022. The decision was made due to ongoing evaluations required under Article 540 of the Trade and Cooperation Agreement.
Key Points / Main Content:
* **Extension of Data Supply Period:**
* The period for Member States to supply personal data to the UK is extended.
* The data in question is as referenced in Articles 530, 531, and 534 of the Trade and Cooperation Agreement.
* Further available personal data and other information as referenced in Article 536 of the Trade and Cooperation Agreement can also be supplied.
* The extended period lasts until 30 June 2022.
* **Legal Basis:**
* The decision is based on Article 540(3) of the Trade and Cooperation Agreement.
* It acknowledges the need for the extension due to incomplete evaluations under Article 540.
* **Effective Date:**
* The decision is effective from the date of its adoption, 28 September 2021.
* **Documentation:**
* The Secretariat shall record this decision under a serial number, referencing the adoption date.
Impact Analysis:
* **EU Member States:**
* Impact: Member States can continue supplying the UK with personal data as specified in the relevant articles of the Trade and Cooperation Agreement, without interruption until 30 June 2022.
* Action Required: Continue data supply practices as per Articles 530, 531, 534 and 536 of the Trade and Cooperation Agreement, ensuring compliance with the extended timeframe.
* **United Kingdom:**
* Impact: The UK can continue to receive personal data from EU Member States, facilitating ongoing cooperation in law enforcement and judicial matters, until 30 June 2022.
* Action Required: Continue to receive and process data supplied by Member States according to the Trade and Cooperation Agreement until 30 June 2022.
Key Entities Referenced
European Union: One of the parties to the Trade and Cooperation Agreement.
European Atomic Energy Community: One of the parties to the Trade and Cooperation Agreement.
United Kingdom of Great Britain and Northern Ireland: One of the parties to the Trade and Cooperation Agreement.
Trade and Cooperation Agreement: An agreement between the European Union, the European Atomic Energy Community, and the United Kingdom of Great Britain and Northern Ireland.
Specialised Committee on Law Enforcement and Judicial Cooperation: A committee established by Article 81R of the Trade and Cooperation Agreement.
Article 540 of the Trade and Cooperation Agreement: Article within the Trade and Cooperation Agreement concerning the supply of personal data.
Brussels: One of the signing locations of the document.
London: One of the signing locations of the document.
L 397/32 EN Official Journal of the European Union 10.11.2021
ACTS ADOPTED BY BODIES CREATED BY
INTERNATIONAL AGREEMENTS
DECISION No 1/2021 OF THE SPECIALISED COMMITTEE ESTABLISHED BY ARTICLE 8(1)(R) 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,
of 28 September 2021
as regards the extension of the period referred to in Article 540(3) during which DNA profiles and
dactyloscopic data can be exchanged with the United Kingdom [2021/1946](1)
THE SPECIALISED COMMITTEE ON LAW ENFORCEMENT AND JUDICIAL COOPERATION,
Having regard to 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 (the ‘Trade
and Cooperation Agreement’), and in particular Article 540(3) thereof,
Whereas:
(1) The Trade and Cooperation Agreement was signed on 30 December 2020, applied provisionally from 1 January
2021and entered into force on 1 May 2021.
(2) Pursuant to paragraph 3 of Article 540 of the Trade and Cooperation Agreement, the Parties agreed that Member
States may supply to the United Kingdom personal data as referred to in Articles 530, 531, 534 and 536 until the
date or dates determined by the Union in accordance with paragraph 2 of Article 540, but not longer than nine
months after the entry into force of the Trade and Cooperation Agreement. The Specialised Committee on Law
Enforcement and Judicial Cooperation may extend this period once by a maximum of nine months.
(3) The evaluations required under Article 540 will not be completed by 30 September 2021. In order to allow Member
States to continue to supply to the United Kingdom personal data as referred to in Articles 530, 531, 534 and 536
from 1 October 2021pending the completion of the evaluations, it is appropriate for the Specialised Committee on
Law Enforcement and Judicial Cooperation to extend the period provided for in paragraph 3 of Article 540 by nine
months to 30 June 2022.
HAS ADOPTED THIS DECISION:
Article 1
The period during which Member States may continue to supply, to the United Kingdom, personal data as referred to in
Articles 530, 531 and 534 of the Trade and Cooperation Agreement, and supply to the United Kingdom further available
personal data and other information as referred to in Article 536 of the Trade and Cooperation Agreement is extended
until 30 June 2022.
Article 2
This Decision shall enter into force on the date of its adoption.
(1) Pursuant to Rule 9(2) of Annex 1 of the Trade and Cooperation Agreement, the Secretariat shall record any decision or
recommendation under a serial number and with a reference to the date of its adoption.10.11.2021 EN Official Journal of the European Union L 397/33
Done at Brussels and London, 28 September 2021.
For the Specialised Committee on Law Enforcement and Judicial Cooperation
The Co-chairs
Chris JONES
Stephen RYAN
Bruno GENCARELLI