Framework decision

08 January 2021

Board of Appeal

Joint Committee

A call for expression of interest by the European Commission for the appointment of members of the ESA’s Board of Appeal for the financial services sector has been launched: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:C:2021:006A:TOC

Closing date for applications to the European Commission is 8 February 2021.

• on the draft Council implementing decision on the launch of automated data exchange with regard to dactyloscopic data in the United Kingdom (14247/2019 C90198/2019 2019/0819(CNS)) The European Parliament, having regard to the Council draft (14247/2019), having regard to Article 39(1) of the Treaty on European Union, as amended by the Treaty of Amsterdam, and Article 9 of Protocol No 36 on transitional provisions, pursuant to which the Council consulted Parliament (C9-0198/2019), having regard to 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], and in particular Article33 thereof, having regard to Rule 82 of its Rules of Procedure, having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs (A9-0100/2020), 1.Rejects the Council draft; 2.Instructs its President to forward its position to the Council, the Commission and the national parliaments.

• The present draft Council implementing decision, based on Article 33 of the Council Decision 2008/615/JHA (thereinafter the Prm Decision)[2] seeks to allow for the exchange of dactyloscopic data between the UK and the Member States bound by the Prm Decision.
• Background The Prm Decision provides for the exchange of information between the Member States authorities responsible for the prevention and investigation of criminal offences.
• To this purpose, the competent authorities may exchange dactyloscopic data processed in their national automated fingerprint identification systems established for the prevention and investigation of criminal offences.
• Furthermore, the capacity of information sharing between Member States also varies greatly and results in an unbalanced information flow.
• In 2019 the Council adopted a decision granting the UK access to the exchange mechanism for DNA related information[4].
• By the proposed draft the Council aims to provide access to the UK to the exchange of dactyloscopic data.
• The Council Decisions 2008/615/JHA and 2008/616/JHA set out rules for exchange between the Member States.
• Objective and main elements of the Council draft decision By this draft implementing Decision, the Council seeks to allow the United Kingdom to participate in the automated searching of dactyloscopic data and to proceed to the supply and reception of dactyloscopic data pursuant to the system laid down in Article 9 of Prm Decision.
• The Council accepted this particular situation in its previous Implementing Decision 2019/968 of 6 June 2019 on the launch of automated data exchange with regard to DNA data in the United Kingdom, in force as from 7 June 2019.
• If, by 15 June 2020 the UK has not reviewed its policy of excluding suspects profiles from automated dactyloscopic data exchange, the Council may terminate the dactyloscopic data exchange with the United Kingdom.
• The draft Council implementing decision is based on a legal act adopted under the former third pillar in ex-Treaty of European Union.
• Title Implementing decision on the launch of automated data exchange with regard to dactyloscopic data in the United Kingdom