Besluit 2008/615 - Intensivering van de grensoverschrijdende samenwerking, in het bijzonder ter bestrijding van terrorisme en grensoverschrijdende criminaliteit - Hoofdinhoud

SUMMARY OF:

Decision 2008/615/JHA – cross-border cooperation, particularly in combating terrorism and cross-border crime

WHAT IS THE AIM OF THE DECISION?

The decision aims to improve cross-border cooperation between EU Member States’ police and judicial authorities to combat terrorism and cross-border crime more effectively. It focuses particularly on automated exchanges of information, but also on major events and on fighting terrorism.

The decision stems from a multilateral treaty signed in 2005 by Belgium, Germany, Spain, France, Luxembourg, the Netherlands and Austria. It has been transformed into a legal instrument binding all Member States. The Council of the European Union subsequently adopted the Prüm decision and its implementing rules.

KEY POINTS

The decision sets out rules with regard to:

• - 

  automated access to DNA profiles, dactyloscopic data* and certain national vehicle registration data;
• - 

  the supply of data relating to major events;
• - 

  the supply of information in order to prevent terrorist offences;
• - 

  other measures for stepping up cross-border police cooperation.

Establishment of national databases and automated access to data

• - 

  Member States must establish national DNA analysis files for the purpose of investigating criminal offences.
• - 

  Reference data, consisting of the non-coding part of DNA* and a reference number that does not enable an individual to be identified, must be made available to other Member States to carry out automated searching*.
• - 

  Searches are performed via national contact points by comparing DNA profiles*, but only for individual cases and on a hit/no-hit procedure* basis.
• - 

  Member States must also make available reference data from their national automated fingerprint identification systems.
• - 

  The searches are carried out by comparing dactyloscopic data and, similarly to DNA searches, are carried out only for individual cases and on a hit/no-hit procedure basis.
• - 

  National contact points must also be given access to certain national vehicle registration data via automated online searches.

Supply of data relating to major events

• - 

  In case of major events involving more than one Member State, the countries concerned must provide each other with non-personal data*, as required for the purpose of preventing criminal offences and maintaining public order and security.
• - 

  Personal data may be supplied only if the data subjects are considered a threat to public order and security, or if it is believed that they will commit criminal offences at the events. The data may only be used in relation to the event it was provided for and must be deleted once it has served its purpose, but no later than 1 year after it was supplied.

Supply of information to fight terrorism

In individual cases and with certain restrictions, Member States may provide the following data to each other to prevent terrorist attacks:

• - 

  surname and first names;
• - 

  date and place of birth;
• - 

  a description of the conditions leading to the supposition that criminal offences will be committed.

Other measures for enhancing cross-border police cooperation

• - 

  Member States can carry out joint patrols and other joint operations to prevent criminal offences and to maintain public order and security on a given Member State’s territory.
• - 

  Member States must provide mutual assistance to each other in cases of mass gatherings and other comparable major events, disasters and serious accidents.

FROM WHEN DOES THE DECISION APPLY?

It has applied since 26 August 2008.

BACKGROUND

For further information, see:

• - 

  Information exchange (European Commission)
• - 

  Automated search and exchange of data for police cooperation (summary).

KEY TERMS

Dactyloscopic data. Fingerprint images, images of fingerprint latents (prints that are invisible to the naked eye and must be professionally analysed), palm prints, palm print latents and templates of such images that are stored and dealt with in an automated database.

Non-coding part of DNA. Chromosome regions that are not expressed genetically, i.e. not known to provide for any functional properties of an organism.

Automated searching. An online access procedure for consulting the databases of one, several or all of the Member States.

DNA profile. A letter or number code that represents a set of identification characteristics of the non-coding part of an analysed human DNA sample.

Hit/no-hit procedure. Parties grant each other limited access to the reference data in their national DNA and fingerprint databases. They also grant the right to use this data to conduct automated checks of fingerprints and DNA profiles. The personal information related to the reference data is not available to the requesting party.

Non-personal data. Data containing individual DNA profiles that may be used to establish a match or a hit, but that does not reveal the identity of the data subject.

MAIN DOCUMENT

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, pp. 1–11).

Successive amendments to Decision 2008/615/JHA have been incorporated into the original text. This consolidated version is of documentary value only.

RELATED DOCUMENTS

Regulation (EU) 2024/982 of the European Parliament and of the Council of 13 March 2024 on the automated search and exchange of data for police cooperation, and amending Council Decisions 2008/615/JHA and 2008/616/JHA and Regulations (EU) 2018/1726, (EU) 2019/817 and (EU) 2019/818 of the European Parliament and of the Council (the Prüm II Regulation) (OJ L, 2024/982, 5.4.2024).

Council Decision (EU) 2022/2536 of 12 December 2022 on the conclusion of the Agreement between the European Union and the Swiss Confederation 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 (OJ L 328, 22.12.2022, pp. 94–95).

Council Decision (EU) 2022/2537 of 12 December 2022 on the conclusion 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 (OJ L 328, 22.12.2022, pp. 96–97).

Council Decision (EU) 2022/1014 of 17 June 2022 on the position to be taken on behalf of the Union vis-à-vis the United Kingdom of Great Britain and Northern Ireland regarding the determination under Article 540(2) 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 the date from which personal data relating to DNA profiles and dactyloscopic data as referred to in Articles 530, 531, 534 and 536 of that Agreement may be supplied by Member States to the United Kingdom (OJ L 170, 28.6.2022, pp. 68–71).

Council Implementing Decision (EU) 2022/569 of 4 April 2022 on the launch of automated data exchange with regard to DNA data in Italy (OJ L 109, 8.4.2022, pp. 58–59).

Council Implementing Decision (EU) 2022/570 of 4 April 2022 on the launch of automated data exchange with regard to dactyloscopic data in Italy (OJ L 109, 8.4.2022, pp. 60–61).

Council Implementing Decision (EU) 2022/571 of 4 April 2022 on the launch of automated data exchange with regard to vehicle registration data in Italy (OJ L 109, 8.4.2022, pp. 62–63).

Council Implementing Decision (EU) 2022/572 of 4 April 2022 on the launch of automated data exchange with regard to vehicle registration data in Greece (OJ L 109, 8.4.2022, pp. 64–65).

Council Implementing Decision (EU) 2020/1188 of 6 August 2020 on the launch of automated data exchange with regard to dactyloscopic data in the United Kingdom (OJ L 265, 12.8.2020, pp. 1–2).

See consolidated version.

Council Implementing Decision (EU) 2019/968 of 6 June 2019 on the launch of automated data exchange with regard to DNA data in the United Kingdom (OJ L 156, 13.6.2019, pp. 8–9).

Council Implementing Decision (EU) 2019/1697 of 7 October 2019 on the launch of automated data exchange with regard to vehicle registration data in Ireland (OJ L 259, 10.10.2019, pp. 63–64).

Council Implementing Decision (EU) 2018/397 of 8 March 2018 on the launch of automated data exchange with regard to vehicle registration data in Portugal (OJ L 71, 14.3.2018, pp. 38–39).

Council Implementing Decision (EU) 2018/1035 of 16 July 2018 on the launch of automated data exchange with regard to DNA data in Croatia (OJ L 185, 23.7.2018, pp. 27–28).

Council Implementing Decision (EU) 2018/1801 of 19 November 2018 on the launch of automated data exchange with regard to DNA data in Ireland (OJ L 296, 22.11.2018, pp. 31–32).

Council Implementing Decision (EU) 2018/1802 of 19 November 2018 on the launch of automated data exchange with regard to dactyloscopic data in Croatia (OJ L 296, 22.11.2018, pp. 33–34).

Council Implementing Decision (EU) 2018/1839 of 19 November 2018 on the launch of automated data exchange with regard to dactyloscopic data in Ireland (OJ L 298, 23.11.2018, pp. 15–16).

Council Implementing Decision (EU) 2017/617 of 27 March 2017 on the launch of automated data exchange with regard to DNA data in Greece (OJ L 89, 1.4.2017, pp. 4–5).

Council Implementing Decision (EU) 2017/618 of 27 March 2017 on the launch of automated data exchange with regard to vehicle registration data in Denmark (OJ L 89, 1.4.2017, pp. 6–7).

Council Implementing Decision (EU) 2017/943 of 18 May 2017 on the automated data exchange with regard to vehicle registration data in Malta, Cyprus and Estonia, and replacing Decisions 2014/731/EU, 2014/743/EU and 2014/744/EU (OJ L 142, 2.6.2017, pp. 84–86).

Council Implementing Decision (EU) 2017/944 of 18 May 2017 on the automated data exchange with regard to dactyloscopic data in Latvia, and replacing Decision 2014/911/EU (OJ L 142, 2.6.2017, pp. 87–88).

Council Implementing Decision (EU) 2017/945 of 18 May 2017 on the automated data exchange with regard to DNA data in Slovakia, Portugal, Latvia, Lithuania, Czech Republic, Estonia, Hungary, Cyprus, Poland, Sweden, Malta and Belgium and replacing Decisions 2010/689/EU, 2011/472/EU, 2011/715/EU, 2011/887/EU, 2012/58/EU, 2012/299/EU, 2012/445/EU, 2012/673/EU, 2013/3/EU, 2013/148/EU, 2013/152/EU and 2014/410/EU (OJ L 142, 2.6.2017, pp. 89–92).

Council Implementing Decision (EU) 2017/946 of 18 May 2017 on the automated data exchange with regard to dactyloscopic data in Slovakia, Bulgaria, France, Czech Republic, Lithuania, the Netherlands, Hungary, Cyprus, Estonia, Malta, Romania and Finland and replacing Decisions 2010/682/EU, 2010/758/EU, 2011/355/EU, 2011/434/EU, 2011/888/EU, 2012/46/EU, 2012/446/EU, 2012/672/EU, 2012/710/EU, 2013/153/EU, 2013/229/EU and 2013/792/EU (OJ L 142, 2.6.2017, pp. 93–96).

Council Implementing Decision (EU) 2017/947 of 18 May 2017 on the automated data exchange with regard to vehicle registration data in Finland, Slovenia, Romania, Poland, Sweden, Lithuania, Bulgaria, Slovakia and Hungary and replacing Decisions 2010/559/EU, 2011/387/EU, 2011/547/EU, 2012/236/EU, 2012/664/EU, 2012/713/EU, 2013/230/EU, 2013/692/EU and 2014/264/EU (OJ L 142, 2.6.2017, pp. 97–99).

Council Implementing Decision (EU) 2017/1020 of 8 June 2017 on the launch of automated data exchange with regard to vehicle registration data in Croatia (OJ L 155, 17.6.2017, pp. 21–22).

Council Implementing Decision (EU) 2017/1866 of 12 October 2017 on the launch of automated data exchange with regard to vehicle registration data in the Czech Republic (OJ L 266, 17.10.2017, pp. 6–7).

Council Implementing Decision (EU) 2017/1867 of 12 October 2017 on the launch of automated data exchange with regard to dactyloscopic data in Portugal (OJ L 266, 17.10.2017, pp. 8–9).

Council Implementing Decision (EU) 2017/1868 of 12 October 2017 on the launch of automated data exchange with regard to dactyloscopic data in Greece (OJ L 266, 17.10.2017, pp. 10–11).

Council Implementing Decision (EU) 2016/254 of 12 February 2016 on the launch of automated data exchange with regard to vehicle registration data (VRD) in Latvia (OJ L 47, 24.2.2016, pp. 8–9).

Council Implementing Decision (EU) 2016/2047 of 18 November 2016 on the launch of automated data exchange with regard to DNA data in Denmark (OJ L 318, 24.11.2016, pp. 8–9).

Council Implementing Decision (EU) 2016/2048 of 18 November 2016 on the launch of automated data exchange with regard to dactyloscopic data in Denmark (OJ L 318, 24.11.2016, pp. 10–11).

Council Implementing Decision (EU) 2015/2009 of 10 November 2015 on the launch of automated data exchange with regard to dactyloscopic data in Poland (OJ L 294, 11.11.2015, pp. 70–71).

Council Implementing Decision (EU) 2015/2049 of 10 November 2015 on the launch of automated data exchange with regard to dactyloscopic data in Sweden (OJ L 300, 17.11.2015, pp. 15–16).

Council Implementing Decision (EU) 2015/2050 of 10 November 2015 on the launch of automated data exchange with regard to dactyloscopic data in Belgium (OJ L 300, 17.11.2015, pp. 17–18).

Council Decision 2010/482/EU of 26 July 2010 on the conclusion of the Agreement between the European 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, and the Annex thereto (OJ L 238, 9.9.2010, pp. 1–2).

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, pp. 12–72).

See consolidated version.

last update 03.06.2024

Deze samenvatting is overgenomen van EUR-Lex.