Prüm Decisions - overall evaluation report on VRD exchange for Denmark

1.

Tekst

Council of the European Union General Secretariat Brussels, 2 September 2016 (OR. en)

11789/16

JAI 707 DAPIX 129 CRIMORG 90 ENFOPOL 256 ENFOCUSTOM 117

NOTE

From: Presidency

To: Working Party on Information Exchange and Data Protection (DAPIX)

No. prev. doc.: 11749/14; 9047/16

Subject: "Prüm Decisions" - overall evaluation report on VRD exchange for

Denmark

The Presidency hereby submits the draft overall evaluation report on the Prüm vehicle registration data (VRD) exchange for Denmark for approval by the Working Party on Information Exchange and Data Protection (DAPIX) and subsequent transmission to the Council.

  • 1. 
    Introduction

Chapter 2 of Council Decision 2008/615 i/JHA provides for the automated transfer of DNA profiles, dactyloscopic data and certain national vehicle registration data (VRD) for the purpose of prevention and investigation of criminal offences and subject to certain conditions and procedures. However, pursuant to Article 25(2) of that Decision, the supply of personal data for a specific

Member State is subject to a decision of the Council.

Article 20 and chapter 4 of the Annex of Council Decision 2008/616 i/JHA set out the evaluation procedure for the preparation of such decisions, and in particular point 1.4 specifies that "an overall evaluation report, summarising the results of the questionnaires concerning each of the automated data exchanges, the evaluation visit and the pilot run will be presented to the Council for its decision pursuant Article 25(2) of Decision 2008/615 i/JHA".

The current document is the overall report regarding VRD exchange with Denmark. It is without prejudice to other data categories provided for by the above-mentioned Council Decisions.

Denmark has satisfactorily replied to the questionnaire on data protection (11749/14 DAPIX 101 CRIMORG 69 ENFOPOL 213) and on VRD exchange (9047/15 DAPIX 81 CRIMORG 48

ENFOPOL 111). With a view to evaluating the results of the questionnaire on VRD exchange,

• an evaluation visit was carried out by experts from the Netherlands and Sweden from 9 to 10 June 2016. The evaluation team submitted its report to the Working Party on Information

Exchange and Data Protection (DAPIX);

• a pilot run was successfully carried out, as specified in the evaluation report.

The VRD evaluation visit report concluded that the implementation of the Prüm VRD information flow, both on a legal and on a technical level, has been satisfactorily concluded in Denmark

(11788/16 JAI 706 DAPIX 128 CRIMORG 89 ENFOPOL 255 ENFOCUSTOM 116).

  • 3. 
    Conclusions

On this basis, it was acknowledged at the Working Party on Information Exchange and Data

Protection (DAPIX) that each Member State bound by Decision 2008/615 i/JHA agrees that all conditions are met for Denmark to start the exchange of VRD pursuant to Council Decision

2008/615/JHA.

Therefore, the Working Party on Information Exchange and Data Protection (DAPIX) suggests to the Council

• to conclude that Denmark has fully implemented the general provisions on data protection of Chapter 6 of Decision 2008/615 i/JHA, and

• to adopt the Council Implementing Decision on the launch of automated data exchange with regard to VRD in Denmark, pursuant to Article 33 of Council Decision 2008/615 i/JHA and after consultation of the European Parliament.