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The Prüm Treaty and its integration into the EU legal framework

The Prüm Treaty and its integration into the EU legal framework. EReg 2007, Amsterdam, 10/11 May 2007. Dr. Detlef Marek KBA/Germany detlef.marek@kba.de. A small Village in Germany (Eiffel). Prüm. What is Prüm ?. Treaty of Prüm. Treaty between

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The Prüm Treaty and its integration into the EU legal framework

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  1. The Prüm Treaty and its integration into the EU legal framework EReg 2007, Amsterdam, 10/11 May 2007 Dr. Detlef Marek KBA/Germany detlef.marek@kba.de

  2. A small Village in Germany(Eiffel) Prüm What is Prüm ?

  3. Treaty of Prüm • Treaty between • Belgium, Germany, Spain, France, Luxembourg, • Netherlands and Austria • on the stepping up of cross-border cooperation, • particulary in combating terrorism, cross-border crime • and illegal migration • signed on 27 May 2005 in Prüm • mutual exchange of information via national contact points • DNA profiles • Fingerprinting Data • Vehicle Registration Data (Article 12)

  4. Article 12 of the Prüm Treaty Automated searching of vehicle registration data • (…) the Contracting Parties shall allow other Contracting • Parties’ national contact points, (…), access to the • following national vehicle registration data, with the power • to conduct automated searches in individual cases (…): • 1 - data relating to owners and operators, and • 2 - data relating to vehicles

  5. Article 12 of the Prüm Treaty (ctd.) • for the prevention and investigation of criminal offences, • and in dealing with other offences coming within the • jurisdiction of the courts or public prosecution serviceand • in maintaining public orderand security in compliance • with the national law of the requesting state • searches may be conducted only with a full chassis • number or a full registration number • each Contracting Party shall designate a national contact • point for incoming requests • details of the technical arrangements for the procedure • shall be laid down in an implementing agreement (ATIA)

  6. Article 12 of the Prüm Treaty (ctd.) Summary • centralized, automated and direct exchange • of an agreed data set of vehicle registration data • between services acting as national contact points • with, mostly, police services acting as sole ‘clients’ • through a central service (national contact point)

  7. AUT BE Police Service(s) Police Service(s) NL ES Police Service(s) Police Service(s) LUX FR Police Service(s) Police Service(s) GER Police Service(s) Data exchange without Prüm-framework With the seven initial Contracting Parties

  8. Data exchange with the Prüm-framework With the seven initial Contracting Parties AUT BE Police Service(s) Police Service(s) NL ES Police Service(s) Police Service(s) LUX FR Police Service(s) Police Service(s) GER Police Service(s)

  9. Technical Working • Groups (TWGs): • Access to Vehicle Registration Data • DNA • Fingerprints • Police cooperation • Terrorism • Air marshals • Repatriation measures Legal Drafting Team (LDT) Administrative and Technical Implementation Agreement (ATIA) I M PLEMENTATION Joint Working Group (JWG): Supervisory body (interpretation problems, …) Implementation of the Prüm Treaty

  10. TWG Access to Vehicle Registration Data • chaired by Pierre LEBRUN (Belgian Federal Police) and • Dirk VANDENRYDT (Belgian Vehicle Licensing Authority) • Delegates: A, B, D, E, F, LU, NL, FIN, PT, SI, S, I, ... • Specification of the technical implementation details • data set (mandatory and optional data elements) • communication network (TESTA II) • data exchange system (EUCARIS II/Prüm application) • technical and organisational measures to protect personal data and data security

  11. Administrative and technical implementation Agreement (ATIA) • Section 4: Vehicle Registration Data • Four Annexes to section 4 of the ATIA: • C.1 – Common data set for automated search of vehicle registration data (mandatory and optional items) • C.2 – Data security • C.3 – Technical and organisational conditions of the data exchange • C.4 – List of contact points for incoming requests

  12. Overview Data Set 1.Data relating to holders of the vehicle: holders (company) name, address, date of birth, ...; 2. Data relating to owners of the vehicle: owner’s (company) name, address, legal entity, … 3. Data relating to vehicles: licence number, chassis number/VIN, country of registration, status, … 4. Data relating to insurances (all optional!): insurance company name, begin date insurance, …

  13. National Contact Point • National Vehicle Registration Authority (B, D, NL) • Police unit (A, F, L, E) • any other official authority functioning as: • National contact point (NCP) • Supplier of data-set for Prüm-partners Police services retrieve requested information from their own NCP

  14. EUCARIS II/Prüm Application EUCARIS • Cooperation between Prüm and EUCARIS • EUCARIS II/Prüm Application: new version of the • EUCARIS II application (Release 2.0) implementing the • Prüm vehicle registration data exchange • development costs are shared between EUCARIS and • Prüm members • development of the application is finished; formal • acceptance was given by the Prüm parties at the 7th TWG • VRD meeting on 3 May 2007 • installation/implementation in the Member States started • production start between D, A, (L) foreseen for June/July

  15. Integration Prüm Treaty into EU Legal Order • initiated by the German EU Presidency • discussion started at the informal JHA-Council • meeting on 15-16 January 2007 • very broad support for the proposal • proposal for a Council Decision (3rd pillar) „on the • stepping up of cross-border cooperation, particularly in • combating terrorism and cross-border crime“ • (document 6002/07 CRIMORG 25 ENFOPOL 15, 6 February 2007) • general agreement on this proposal at the JHA-Council • on 15 February 2007 • discussion of details in the Article 36 Committee

  16. Integration Prüm Treaty into EU Legal Order • most parts of the Trüm Treaty are integrated into • the draft Council Decision (with same wording) • Art. 12 Prüm Treaty = Art. 12 Council Decision • automated searching of vehicle registration data • EU Parliament will submit its opinion on the proposal • at the beginning of June • target: formal adoption of the Council Decision at the • Council meeting in June 2007 • Implementation of the Decision (draft dated 17 April 2007) • within one year after adoption • provisions of chapter 2 (on-line access): within 3 years

  17. Integration Prüm Treaty into EU Legal Order • technical implementation of the provisions shall be • based on the solutions already existing for • implementation of the Prüm Treaty • Technical Workshop on the implementation of • the provisions was held on 9 March 2007 in Wiesbaden • draft of a Council Decision for implementing the Prüm • Council Decision • main parts of the Prüm ATIA are integrated in this decision • for access to VRD: EUCARIS II/Prüm application will be used • additionally: Manual for technical details • (Annexes oft the Prüm ATIA)

  18. Thank you for your attention ! Questions ?

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