BETA


2009/0191(NLE) EU/Iceland/Norway agreement: cross-border cooperation in combatting terrorism and cross-border crime

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead LIBE BUSUTTIL Simon (icon: PPE PPE)
Committee Opinion AFET
Lead committee dossier:
Legal Basis:
TFEU 082-p1, TFEU 218-p6a

Events

2010/09/09
   Final act published in Official Journal
Details

PURPOSE: to the conclude the Agreement between the EU 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 and the Annex thereto.

LEGISLATIVE ACT: Council Decision 2010/482/EU 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.

CONTENT: this Decision concludes the above-mentioned Agreement between the EU and Iceland and Norway which was signed on 30 November 2009, subject to its conclusion. It is recalled that with the entry into force of the Treaty of Lisbon on 1 December 2009, the procedures to be followed by the Union in order to conclude the Agreement are governed by Article 218 of the Treaty on the Functioning of the European Union.

The main elements of the Agreement, initialled by the parties on 28 November 2008 in Brussels, can be summarised as follows:

Purpose : the Agreement states that certain provisions of decisions 2008/615/JHA and 2008/616/JHA shall be applicable to Iceland and Norway. These provisions are designed to improve the exchange of information whereby Member States of the European Union and Iceland and Norway grant one another access rights to their automated DNA analysis files, automated dactyloscopic identification systems and vehicle registration data.

Principles : rules shall be based on networking States' national databases. Subject to certain conditions, States should be able to supply personal and non-personal data in order to improve the exchange of information with a view to preventing criminal offences and maintaining public order and security in connection with major events with a cross-border dimension. Cross-border data comparison will open up a new dimension in crime fighting. These provisions would considerably speed up existing procedures enabling Member States, Iceland and Norway to find out whether another State, and if so, which, has the information it needs.

Hit/no hit system : the hit/no hit system provides for a structure of comparing anonymous profiles, where additional personal data is exchanged only after a hit, the supply and receipt of which is governed by national law, including the legal assistance rules. This set-up guarantees an adequate system of data protection, it being understood that the supply of personal data to another State requires an adequate level of data protection on the part of the receiving State.

Data protection : aware of the comprehensive exchange of information and data resulting from closer police and judicial cooperation, this Agreement seeks to warrant an appropriate level of data protection. It observes the level of protection designed for the processing of personal data in the Council of Europe Convention of 28 January 1981 for the Protection of Individuals with regard to Automatic Processing of Personal Data, the Additional Protocol of 8 November 2001 to the Convention and the principles of Recommendation No R (87) 15 of the Council of Europe Regulating the Use of Personal Data in the Police Sector.

Other technical elements of the Agreement can be summarised as follows: (i) uniform application and interpretation of provisions of Decisions 2008/615/JHA and 2008/616/JHA by the parties; (ii) dispute settlement procedure to be set up between Iceland or Norway and a Member State concerning the interpretation and application of the Agreement; (iii) procedure to be put place in case of amendments brought made to the decisions.

The Agreement also includes the following:

a review clause of the Agreement no later than five years after its entry into force; a clause to maintain the application of bilateral and multilateral Agreements or arrangements on cross-border cooperation with Member States that are in force on the date this Agreement is adopted in so far as such agreements or arrangements are not incompatible with the objectives of this Agreement. Iceland and Norway shall notify the depository of any such agreements or arrangements which will continue to apply; a provisional application clause as of the time of the signature of the Agreement; a declaration to be adopted at the occasion of the signature of the Agreement which states that the implementation of the DNA, dactyloscopic and vehicle registration data exchange pursuant to the Agreement will require that Iceland and Norway set up bilateral connections for each of these data categories with each of the Member States. To enable and facilitate this work, Iceland and Norway will be provided with all the available documentation, software products and contact lists. These countries will have the opportunity to set up an informal partnership with Member States that have already implemented such data exchange, with a view to sharing experiences and getting practical and technical support. The Icelandic and Norwegian experts can contact at any time the Presidency of the Council, the Commission and/or leading experts in these matters to obtain information, clarification or any other support. These experts may be invited to attend on an ad hoc basis meetings where Member States' experts discuss within the Council technical aspects of the DNA, dactyloscopic or vehicle registration data exchange which are directly relevant to the proper application of the content of the aforementioned Council Decisions by Iceland and/or Norway.

Territorial provisions: in accordance with the Protocol on the Position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, these Member States have notified their wish to take part in the adoption and application of this Decision. Denmark shall not participate in the adoption of this Decision and is not bound by it or subject to its application.

ENTRY INTO FORCE: the Decision shall enter into force on 26 July 2010. The Agreement shall enter into force when the necessary procedures have been completed.

2010/07/26
   EP/CSL - Act adopted by Council after consultation of Parliament
2010/07/26
   EP - End of procedure in Parliament
2010/07/26
   CSL - Council Meeting
2010/07/06
   EP - Results of vote in Parliament
2010/07/06
   EP - Decision by Parliament, 1st reading/single reading
Details

The European Parliament adopted a legislative resolution in which it gives its consent to 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.

Documents
2010/06/03
   EP - Committee report tabled for plenary, 1st reading/single reading
Documents
2010/06/03
   EP - Committee report tabled for plenary, 1st reading/single reading
Documents
2010/05/31
   EP - Vote in committee, 1st reading/single reading
Details

The Committee on Civil Liberties, Justice and Home Affairs adopted the report drafted by Simon BUSUTTIL (EPP, MT) recommending that the European Parliament give its consent to 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.

2010/04/22
   EP - Committee draft report
Documents
2010/03/04
   EP - BUSUTTIL Simon (PPE) appointed as rapporteur in LIBE
2010/02/25
   EP - Committee referral announced in Parliament, 1st reading/single reading
2010/02/15
   CSL - Council Meeting
2010/02/01
   EC - Legislative proposal published
Details

PURPOSE: to the conclude the Agreement between the EU 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 and the Annex thereto.

PROPOSED ACT: Council Decision.

CONTENT: this proposal aims to conclude, on behalf of the European Union, the Agreement 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.

The Agreement was signed on 30 November but it has not yet been formally concluded. For details of the content of the Agreement, please refer to the summary of the document annexed to the procedure of 26/01/2009.

With the entry into force of the Treaty of Lisbon on 1 December 2009, the procedures to be followed by the Union in order to conclude the Agreement are governed by Article 218 of the Treaty on the Functioning of the European Union (TFEU) which states that the Council shall adopt a decision concluding the agreement, after obtaining the consent of the European Parliament .

Territorial application : i n accordance with the Protocol on the Position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, these Member States have notified their wish to take part in the adoption and application of this Decision. Denmark will not be bound by the Agreement.

Documents
2009/12/17
   EP - Preparatory document
Details

PURPOSE : to the conclude the Agreement between the EU 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 and the Annex thereto.

PROPOSED ACT: Council Decision.

BACKGROUND: the Justice and Home Affairs Council of 21 September 2009 authorised the Presidency of the Council of the EU to sign an agreement between the EU 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 and the Annex thereto. The Agreement was signed by the Parties, Iceland being the last to sign on 30 November 2009 and some provisions are applied provisionally as from that date.

CONTENT: the purpose of the Agreement is to enable Iceland and Norway to join EU Member States in the exchange of DNA, fingerprint and vehicle registration data, the exchange of information in connection with major events with a cross-border dimension and the supply of information aimed at preventing terrorist offences. Such exchanges take place on the basis of the Prüm Decision (Council Decision 2008/615/JHA) and the implementing Decision (Council Decision 2008/616/JHA). These decisions aim to improve the exchange of certain types of information between authorities responsible for preventing and combating criminal offences.

Respecting Fundamental Rights : the Agreement aims to prevent and combat terrorism and other cross-border crime while respecting fundamental rights, and notably the protection of personal data. It aims to ensure full respect for fundamental rights enshrined in Article 6 of the Treaty on European Union and for the principles of proportionality and necessity regarding the right to respect for private and family life and the protection of personal data as set out in Articles 7 and 8 of the Charter of Fundamental Rights of the European Union.

Territorial application : the UK and Ireland will take part in the adoption of the Decision. Denmark will not be bound by the Agreement.

It should be noted that in accordance with Article 218(6)(a) of the Treaty on the Functioning of the European Union, it is provided that in the case of agreements covering fields to which the ordinary legislative procedure applies, the Council shall adopt a decision concluding the agreement, after obtaining the consent of the European Parliament .

2009/01/26
   CSL - Document attached to the procedure
Details

This document comprises the text of the Agreement following the negotiations with Iceland and Norway which were finalised on 24 October 2008 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.

The main elements of the Agreement, initialled by the parties on 28 November 2008 in Brussels, can be summarised as follows:

Purpose : the Agreement states that certain provisions of decisions 2008/615/JHA and 2008/616/JHA shall be applicable to Iceland and Norway. These provisions are designed to improve the exchange of information whereby Member States of the European Union and Iceland and Norway grant one another access rights to their automated DNA analysis files, automated dactyloscopic identification systems and vehicle registration data .

Principles : rules shall be based on networking States' national databases. Subject to certain conditions, States should be able to supply personal and non-personal data in order to improve the exchange of information with a view to preventing criminal offences and maintaining public order and security in connection with major events with a cross-border dimension. Cross-border data comparison will open up a new dimension in crime fighting. These provisions would considerably speed up existing procedures enabling Member States, Iceland and Norway to find out whether another State, and if so, which, has the information it needs.

Hit/no hit system : the hit/no hit system provides for a structure of comparing anonymous profiles, where additional personal data is exchanged only after a hit, the supply and receipt of which is governed by national law, including the legal assistance rules. This set-up guarantees an adequate system of data protection, it being understood that the supply of personal data to another State requires an adequate level of data protection on the part of the receiving State.

Data protection : aware of the comprehensive exchange of information and data resulting from closer police and judicial cooperation, this Agreement seeks to warrant an appropriate level of data protection . It observes the level of protection designed for the processing of personal data in the Council of Europe Convention of 28 January 1981 for the Protection of Individuals with regard to Automatic Processing of Personal Data, the Additional Protocol of 8 November 2001 to the Convention and the principles of Recommendation No R (87) 15 of the Council of Europe Regulating the Use of Personal Data in the Police Sector.

Other technical elements of the Agreement can be summarised as follows: (i) uniform application and interpretation of provisions of Decisions 2008/615/JHA and 2008/616/JHA by the parties; (ii) dispute settlement procedure to be set up between Iceland or Norway and a Member State concerning the interpretation and application of the Agreement; (iii) procedure to be put place in case of amendments brought made to the decisions.

The Agreement also includes the following:

a review clause of the Agreement no later than five years after its entry into force; a clause to maintain the application of bilateral and multilateral Agreements or arrangements on cross-border cooperation with Member States that are in force on the date this Agreement is adopted in so far as such agreements or arrangements are not incompatible with the objectives of this Agreement. Iceland and Norway shall notify the depository of any such agreements or arrangements which will continue to apply; a provisional application clause as of the time of the signature of the Agreement; a declaration to be adopted at the occasion of the signature of the Agreement which states that the implementation of the DNA, dactyloscopic and vehicle registration data exchange pursuant to the Agreement will require that Iceland and Norway set up bilateral connections for each of these data categories with each of the Member States. To enable and facilitate this work, Iceland and Norway will be provided with all the available documentation, software products and contact lists. These countries will have the opportunity to set up an informal partnership with Member States that have already implemented such data exchange, with a view to sharing experiences and getting practical and technical support. The Icelandic and Norwegian experts can contact at any time the Presidency of the Council, the Commission and/or leading experts in these matters to obtain information, clarification or any other support. These experts may be invited to attend on an ad hoc basis meetings where Member States' experts discuss within the Council technical aspects of the DNA, dactyloscopic or vehicle registration data exchange which are directly relevant to the proper application of the content of the aforementioned Council Decisions by Iceland and/or Norway .

Documents

Documents

History

(these mark the time of scraping, not the official date of the change)

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procedure/Modified legal basis
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New
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activities
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  • date: 2010-02-15T00:00:00 body: CSL type: Council Meeting council: Education, Youth, Culture and Sport meeting_id: 2993
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  • date: 2010-05-31T00:00:00 body: EP committees: body: EP responsible: False committee_full: Foreign Affairs committee: AFET body: EP responsible: True committee: LIBE date: 2010-03-04T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: PPE name: BUSUTTIL Simon type: Vote in committee, 1st reading/single reading
  • date: 2010-06-03T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2010-173&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A7-0173/2010 body: EP committees: body: EP responsible: False committee_full: Foreign Affairs committee: AFET body: EP responsible: True committee: LIBE date: 2010-03-04T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: PPE name: BUSUTTIL Simon type: Committee report tabled for plenary, 1st reading/single reading
  • date: 2010-07-06T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=18466&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2010-250 type: Decision by Parliament, 1st reading/single reading title: T7-0250/2010 body: EP type: Results of vote in Parliament
  • date: 2010-07-26T00:00:00 body: CSL type: Council Meeting council: General Affairs meeting_id: 3028
  • date: 2010-07-26T00:00:00 body: EP type: End of procedure in Parliament
  • date: 2010-07-26T00:00:00 body: EP/CSL type: Act adopted by Council after consultation of Parliament
  • date: 2010-09-09T00:00:00 type: Final act published in Official Journal docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32010D0482 title: Decision 2010/482 url: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2010:238:TOC title: OJ L 238 09.09.2010, p. 0001
commission
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  • body: CSL type: Council Meeting council: Education, Youth, Culture and Sport meeting_id: 2993 url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=SMPL&ROWSPP=25&RESULTSET=1&NRROWS=500&DOC_LANCD=EN&ORDERBY=DOC_DATE+DESC&CONTENTS=2993*&MEET_DATE=15/02/2010 date: 2010-02-15T00:00:00
docs
  • date: 2009-01-26T00:00:00 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=5060%2F09&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 05060/2009 summary: This document comprises the text of the Agreement following the negotiations with Iceland and Norway which were finalised on 24 October 2008 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. The main elements of the Agreement, initialled by the parties on 28 November 2008 in Brussels, can be summarised as follows: Purpose : the Agreement states that certain provisions of decisions 2008/615/JHA and 2008/616/JHA shall be applicable to Iceland and Norway. These provisions are designed to improve the exchange of information whereby Member States of the European Union and Iceland and Norway grant one another access rights to their automated DNA analysis files, automated dactyloscopic identification systems and vehicle registration data . Principles : rules shall be based on networking States' national databases. Subject to certain conditions, States should be able to supply personal and non-personal data in order to improve the exchange of information with a view to preventing criminal offences and maintaining public order and security in connection with major events with a cross-border dimension. Cross-border data comparison will open up a new dimension in crime fighting. These provisions would considerably speed up existing procedures enabling Member States, Iceland and Norway to find out whether another State, and if so, which, has the information it needs. Hit/no hit system : the hit/no hit system provides for a structure of comparing anonymous profiles, where additional personal data is exchanged only after a hit, the supply and receipt of which is governed by national law, including the legal assistance rules. This set-up guarantees an adequate system of data protection, it being understood that the supply of personal data to another State requires an adequate level of data protection on the part of the receiving State. Data protection : aware of the comprehensive exchange of information and data resulting from closer police and judicial cooperation, this Agreement seeks to warrant an appropriate level of data protection . It observes the level of protection designed for the processing of personal data in the Council of Europe Convention of 28 January 1981 for the Protection of Individuals with regard to Automatic Processing of Personal Data, the Additional Protocol of 8 November 2001 to the Convention and the principles of Recommendation No R (87) 15 of the Council of Europe Regulating the Use of Personal Data in the Police Sector. Other technical elements of the Agreement can be summarised as follows: (i) uniform application and interpretation of provisions of Decisions 2008/615/JHA and 2008/616/JHA by the parties; (ii) dispute settlement procedure to be set up between Iceland or Norway and a Member State concerning the interpretation and application of the Agreement; (iii) procedure to be put place in case of amendments brought made to the decisions. The Agreement also includes the following: a review clause of the Agreement no later than five years after its entry into force; a clause to maintain the application of bilateral and multilateral Agreements or arrangements on cross-border cooperation with Member States that are in force on the date this Agreement is adopted in so far as such agreements or arrangements are not incompatible with the objectives of this Agreement. Iceland and Norway shall notify the depository of any such agreements or arrangements which will continue to apply; a provisional application clause as of the time of the signature of the Agreement; a declaration to be adopted at the occasion of the signature of the Agreement which states that the implementation of the DNA, dactyloscopic and vehicle registration data exchange pursuant to the Agreement will require that Iceland and Norway set up bilateral connections for each of these data categories with each of the Member States. To enable and facilitate this work, Iceland and Norway will be provided with all the available documentation, software products and contact lists. These countries will have the opportunity to set up an informal partnership with Member States that have already implemented such data exchange, with a view to sharing experiences and getting practical and technical support. The Icelandic and Norwegian experts can contact at any time the Presidency of the Council, the Commission and/or leading experts in these matters to obtain information, clarification or any other support. These experts may be invited to attend on an ad hoc basis meetings where Member States' experts discuss within the Council technical aspects of the DNA, dactyloscopic or vehicle registration data exchange which are directly relevant to the proper application of the content of the aforementioned Council Decisions by Iceland and/or Norway . type: Document attached to the procedure body: CSL
  • date: 2010-04-22T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE439.295 title: PE439.295 type: Committee draft report body: EP
  • date: 2010-06-03T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2010-173&language=EN title: A7-0173/2010 type: Committee report tabled for plenary, 1st reading/single reading body: EP
events
  • date: 2009-12-17T00:00:00 type: Initial legislative proposal published body: EC docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2009/0707/COM_COM(2009)0707_EN.pdf title: COM(2009)0707 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2009&nu_doc=707 title: EUR-Lex summary: PURPOSE : to the conclude the Agreement between the EU 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 and the Annex thereto. PROPOSED ACT: Council Decision. BACKGROUND: the Justice and Home Affairs Council of 21 September 2009 authorised the Presidency of the Council of the EU to sign an agreement between the EU 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 and the Annex thereto. The Agreement was signed by the Parties, Iceland being the last to sign on 30 November 2009 and some provisions are applied provisionally as from that date. CONTENT: the purpose of the Agreement is to enable Iceland and Norway to join EU Member States in the exchange of DNA, fingerprint and vehicle registration data, the exchange of information in connection with major events with a cross-border dimension and the supply of information aimed at preventing terrorist offences. Such exchanges take place on the basis of the Prüm Decision (Council Decision 2008/615/JHA) and the implementing Decision (Council Decision 2008/616/JHA). These decisions aim to improve the exchange of certain types of information between authorities responsible for preventing and combating criminal offences. Respecting Fundamental Rights : the Agreement aims to prevent and combat terrorism and other cross-border crime while respecting fundamental rights, and notably the protection of personal data. It aims to ensure full respect for fundamental rights enshrined in Article 6 of the Treaty on European Union and for the principles of proportionality and necessity regarding the right to respect for private and family life and the protection of personal data as set out in Articles 7 and 8 of the Charter of Fundamental Rights of the European Union. Territorial application : the UK and Ireland will take part in the adoption of the Decision. Denmark will not be bound by the Agreement. It should be noted that in accordance with Article 218(6)(a) of the Treaty on the Functioning of the European Union, it is provided that in the case of agreements covering fields to which the ordinary legislative procedure applies, the Council shall adopt a decision concluding the agreement, after obtaining the consent of the European Parliament .
  • date: 2010-02-01T00:00:00 type: Legislative proposal published body: EC docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=5309%2F10&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 05309/2010 summary: PURPOSE: to the conclude the Agreement between the EU 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 and the Annex thereto. PROPOSED ACT: Council Decision. CONTENT: this proposal aims to conclude, on behalf of the European Union, the Agreement 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. The Agreement was signed on 30 November but it has not yet been formally concluded. For details of the content of the Agreement, please refer to the summary of the document annexed to the procedure of 26/01/2009. With the entry into force of the Treaty of Lisbon on 1 December 2009, the procedures to be followed by the Union in order to conclude the Agreement are governed by Article 218 of the Treaty on the Functioning of the European Union (TFEU) which states that the Council shall adopt a decision concluding the agreement, after obtaining the consent of the European Parliament . Territorial application : i n accordance with the Protocol on the Position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, these Member States have notified their wish to take part in the adoption and application of this Decision. Denmark will not be bound by the Agreement.
  • date: 2010-02-25T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2010-05-31T00:00:00 type: Vote in committee, 1st reading/single reading body: EP summary: The Committee on Civil Liberties, Justice and Home Affairs adopted the report drafted by Simon BUSUTTIL (EPP, MT) recommending that the European Parliament give its consent to 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.
  • date: 2010-06-03T00:00:00 type: Committee report tabled for plenary, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2010-173&language=EN title: A7-0173/2010
  • date: 2010-07-06T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=18466&l=en title: Results of vote in Parliament
  • date: 2010-07-06T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2010-250 title: T7-0250/2010 summary: The European Parliament adopted a legislative resolution in which it gives its consent to 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.
  • date: 2010-07-26T00:00:00 type: Act adopted by Council after consultation of Parliament body: EP/CSL
  • date: 2010-07-26T00:00:00 type: End of procedure in Parliament body: EP
  • date: 2010-09-09T00:00:00 type: Final act published in Official Journal summary: PURPOSE: to the conclude the Agreement between the EU 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 and the Annex thereto. LEGISLATIVE ACT: Council Decision 2010/482/EU 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. CONTENT: this Decision concludes the above-mentioned Agreement between the EU and Iceland and Norway which was signed on 30 November 2009, subject to its conclusion. It is recalled that with the entry into force of the Treaty of Lisbon on 1 December 2009, the procedures to be followed by the Union in order to conclude the Agreement are governed by Article 218 of the Treaty on the Functioning of the European Union. The main elements of the Agreement, initialled by the parties on 28 November 2008 in Brussels, can be summarised as follows: Purpose : the Agreement states that certain provisions of decisions 2008/615/JHA and 2008/616/JHA shall be applicable to Iceland and Norway. These provisions are designed to improve the exchange of information whereby Member States of the European Union and Iceland and Norway grant one another access rights to their automated DNA analysis files, automated dactyloscopic identification systems and vehicle registration data. Principles : rules shall be based on networking States' national databases. Subject to certain conditions, States should be able to supply personal and non-personal data in order to improve the exchange of information with a view to preventing criminal offences and maintaining public order and security in connection with major events with a cross-border dimension. Cross-border data comparison will open up a new dimension in crime fighting. These provisions would considerably speed up existing procedures enabling Member States, Iceland and Norway to find out whether another State, and if so, which, has the information it needs. Hit/no hit system : the hit/no hit system provides for a structure of comparing anonymous profiles, where additional personal data is exchanged only after a hit, the supply and receipt of which is governed by national law, including the legal assistance rules. This set-up guarantees an adequate system of data protection, it being understood that the supply of personal data to another State requires an adequate level of data protection on the part of the receiving State. Data protection : aware of the comprehensive exchange of information and data resulting from closer police and judicial cooperation, this Agreement seeks to warrant an appropriate level of data protection. It observes the level of protection designed for the processing of personal data in the Council of Europe Convention of 28 January 1981 for the Protection of Individuals with regard to Automatic Processing of Personal Data, the Additional Protocol of 8 November 2001 to the Convention and the principles of Recommendation No R (87) 15 of the Council of Europe Regulating the Use of Personal Data in the Police Sector. Other technical elements of the Agreement can be summarised as follows: (i) uniform application and interpretation of provisions of Decisions 2008/615/JHA and 2008/616/JHA by the parties; (ii) dispute settlement procedure to be set up between Iceland or Norway and a Member State concerning the interpretation and application of the Agreement; (iii) procedure to be put place in case of amendments brought made to the decisions. The Agreement also includes the following: a review clause of the Agreement no later than five years after its entry into force; a clause to maintain the application of bilateral and multilateral Agreements or arrangements on cross-border cooperation with Member States that are in force on the date this Agreement is adopted in so far as such agreements or arrangements are not incompatible with the objectives of this Agreement. Iceland and Norway shall notify the depository of any such agreements or arrangements which will continue to apply; a provisional application clause as of the time of the signature of the Agreement; a declaration to be adopted at the occasion of the signature of the Agreement which states that the implementation of the DNA, dactyloscopic and vehicle registration data exchange pursuant to the Agreement will require that Iceland and Norway set up bilateral connections for each of these data categories with each of the Member States. To enable and facilitate this work, Iceland and Norway will be provided with all the available documentation, software products and contact lists. These countries will have the opportunity to set up an informal partnership with Member States that have already implemented such data exchange, with a view to sharing experiences and getting practical and technical support. The Icelandic and Norwegian experts can contact at any time the Presidency of the Council, the Commission and/or leading experts in these matters to obtain information, clarification or any other support. These experts may be invited to attend on an ad hoc basis meetings where Member States' experts discuss within the Council technical aspects of the DNA, dactyloscopic or vehicle registration data exchange which are directly relevant to the proper application of the content of the aforementioned Council Decisions by Iceland and/or Norway. Territorial provisions: in accordance with the Protocol on the Position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, these Member States have notified their wish to take part in the adoption and application of this Decision. Denmark shall not participate in the adoption of this Decision and is not bound by it or subject to its application. ENTRY INTO FORCE: the Decision shall enter into force on 26 July 2010. The Agreement shall enter into force when the necessary procedures have been completed. docs: title: Decision 2010/482 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32010D0482 title: OJ L 238 09.09.2010, p. 0001 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2010:238:TOC
other
  • body: CSL type: Council Meeting council: Former Council configuration
  • body: EC dg: url: http://ec.europa.eu/justice/ title: Justice commissioner: REDING Viviane
procedure/Modified legal basis
Old
Rules of Procedure of the European Parliament EP 150
New
Rules of Procedure EP 150
procedure/dossier_of_the_committee
Old
LIBE/7/02077
New
  • LIBE/7/02077
procedure/final/url
Old
http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32010D0482
New
https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32010D0482
procedure/subject
Old
  • 7.30.05 Police cooperation
  • 7.30.20 Action to combat terrorism
  • 7.30.30 Action to combat crime
New
7.30.05
Police cooperation
7.30.20
Action to combat terrorism
7.30.30
Action to combat crime
activities/0/docs/0/url
Old
http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2009/0707/COM_COM(2009)0707_EN.pdf
New
http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2009/0707/COM_COM(2009)0707_EN.pdf
links/European Commission/title
Old
PreLex
New
EUR-Lex
activities
  • date: 2009-12-17T00:00:00 docs: url: http://www.europarl.europa.eu/registre/docs_autres_institutions/commission_europeenne/com/2009/0707/COM_COM(2009)0707_EN.pdf celexid: CELEX:52009PC0707:EN type: Initial legislative proposal published title: COM(2009)0707 type: Initial legislative proposal published body: EC commission: DG: url: http://ec.europa.eu/justice/ title: Justice Commissioner: REDING Viviane
  • date: 2010-02-01T00:00:00 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=5309%2F10&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC type: Legislative proposal published title: 05309/2010 type: Legislative proposal published body: EC commission: DG: url: http://ec.europa.eu/justice/ title: Justice Commissioner: REDING Viviane
  • date: 2010-02-15T00:00:00 body: CSL type: Council Meeting council: Education, Youth, Culture and Sport meeting_id: 2993
  • date: 2010-02-25T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: False committee_full: Foreign Affairs committee: AFET body: EP responsible: True committee: LIBE date: 2010-03-04T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: PPE name: BUSUTTIL Simon
  • date: 2010-05-31T00:00:00 body: EP committees: body: EP responsible: False committee_full: Foreign Affairs committee: AFET body: EP responsible: True committee: LIBE date: 2010-03-04T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: PPE name: BUSUTTIL Simon type: Vote in committee, 1st reading/single reading
  • date: 2010-06-03T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A7-2010-173&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A7-0173/2010 body: EP committees: body: EP responsible: False committee_full: Foreign Affairs committee: AFET body: EP responsible: True committee: LIBE date: 2010-03-04T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: PPE name: BUSUTTIL Simon type: Committee report tabled for plenary, 1st reading/single reading
  • date: 2010-07-06T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=18466&l=en type: Results of vote in Parliament title: Results of vote in Parliament url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P7-TA-2010-250 type: Decision by Parliament, 1st reading/single reading title: T7-0250/2010 body: EP type: Results of vote in Parliament
  • date: 2010-07-26T00:00:00 body: CSL type: Council Meeting council: General Affairs meeting_id: 3028
  • date: 2010-07-26T00:00:00 body: EP type: End of procedure in Parliament
  • date: 2010-07-26T00:00:00 body: EP/CSL type: Act adopted by Council after consultation of Parliament
  • date: 2010-09-09T00:00:00 type: Final act published in Official Journal docs: url: http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32010D0482 title: Decision 2010/482 url: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2010:238:TOC title: OJ L 238 09.09.2010, p. 0001
committees
  • body: EP responsible: False committee_full: Foreign Affairs committee: AFET
  • body: EP responsible: True committee: LIBE date: 2010-03-04T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: PPE name: BUSUTTIL Simon
links
National parliaments
European Commission
other
  • body: CSL type: Council Meeting council: Former Council configuration
  • body: EC dg: url: http://ec.europa.eu/justice/ title: Justice commissioner: REDING Viviane
procedure
dossier_of_the_committee
LIBE/7/02077
geographical_area
reference
2009/0191(NLE)
instrument
Decision
legal_basis
stage_reached
Procedure completed
subtype
Consent by Parliament
Modified legal basis
Rules of Procedure of the European Parliament EP 150
title
EU/Iceland/Norway agreement: cross-border cooperation in combatting terrorism and cross-border crime
type
NLE - Non-legislative enactments
final
subject