PURPOSE: to ensure that laboratory activities are accredited by an accreditation body in order to combat crime through closer cooperation between law enforcement authorities in the Member States.

LEGISLATIVE ACT: Council Framework Decision 2009/905/JHA on Accreditation of forensic service providers carrying out laboratory activities.

CONTENT: the intensified exchange of information regarding forensic evidence and the increased use of evidence from one Member State in the judicial processes of another, highlights the need to establish common standards for forensic service providers.

In the Council and Commission Action Plan implementing The Hague Programme on strengthening freedom, security and justice in the European Union Member States stressed the need for a definition of the quality standards of forensic laboratories by 2008.

The purpose of this Framework Decision is to ensure that the results of laboratory activities carried out by accredited forensic service providers in one Member State are recognised by the authorities responsible for the prevention, detection and investigation of criminal offences as being equally reliable as the results of laboratory activities carried out by forensic service providers accredited to EN ISO/IEC 17025 within any other Member State. This purpose is achieved by ensuring that forensic service providers carrying out laboratory activities are accredited by a national accreditation body as complying with EN ISO/IEC 17025.

An accreditation standard allows any Member State to require, if it wishes, complementary standards in laboratory activities within its national jurisdiction. Accreditation will help establish mutual trust in the validity of the basic analytic methods used. However, accreditation does not state which method to use, only that the method used has to be suitable for its purpose

This Framework Decision shall apply to laboratory activities resulting in: (a) DNA-profile; and (b) dactyloscopic data.

Member States shall forward to the General Secretariat of the Council and to the Commission the text of the provisions transposing into their national laws the obligations imposed on them under this Framework Decision by 30 May 2016 at the latest.

On the basis of the information provided by the Member States on request, the Commission shall, before 1 July 2018, submit a report to the Council on the implementation and application of this Framework Decision.

The Council shall, by the end of 2018, assess the extent to which Member States have complied with this Framework Decision.

ENTRY INTO FORCE: 29/12/2009.

IMPLEMENTATION: 30/11/2013 (DNA profile) and 30/11/2015 (dactyloscopic data).

Decision 2009/905
OJ L 322 09.12.2009, p. 0014

Results of vote in Parliament

The European Parliament rejected (651 votes against, 9 in favour, 7 abstentions), under the consultation procedure, the initiative with a view to adopting a Council framework decision on accreditation of forensic laboratory activities.

Debate in Parliament

A7-0071/2009

A7-0071/2009

The Committee on Civil Liberties, Justice and Home Affairs adopted the report drawn up by Timothy KIRKHOPE (ECR, UK) on the initiative of the Kingdom of Sweden and the Kingdom of Spain for the adoption of a Council framework decision on accreditation of forensic laboratory activities, calling on the European Parliament to reject the proposed initiative.

The Members consider that this draft framework decision raises issues in terms of the correct legal base.

They therefore call on the Kingdom of Sweden and the Kingdom of Spain to withdraw their initiative.

PE430.264

PE430.425

Ministers reached a general agreement on a draft framework decision on accreditation of forensic laboratory activities. They welcomed the progress made and asked Council preparatory bodies to continue their work with a view to adopting the legislation as soon as possible.

The purpose of this framework decision is to ensure that the results of forensic laboratory activities carried out in one EU Member State are recognised by the authorities responsible for the prevention, detection and investigation of criminal offences within any other Member States. To this end, a national accreditation body in each Member State must accredit forensic service providers carrying out laboratory activities as complying with the relevant international ISO-standard.

The overall aim of this framework decision is confidence-building between EU Member States. As the amount of data transferred across the EU increases, it will become increasingly important to ensure that the quality of the data is sufficiently high.

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PURPOSE: initiative of Sweden and Spain on ensuring that laboratory activities are accredited by an accreditation body in order to combat crime through closer cooperation between law enforcement authorities in the Member States.

PROPOSED ACT: Council Decision.

BACKGROUND: the intensified exchange of information regarding forensic evidence and the increased use of evidence from one Member State in the judicial processes of another highlights the need to ensure that the quality of the data is sufficiently high.

Information originating from forensic processes in one Member State may currently be associated with a level of uncertainty in another Member State regarding how an item has been handled, what methods have been used and how the results have been interpreted. It is particularly important to safeguard the quality of the information exchanged when it relates to such sensitive personal data as DNA profiles and fingerprints. The accreditation of forensic processes is an important step towards a safer and more effective exchange of scientific evidence within the Union. Accreditation offers the necessary guarantees that laboratory activities are performed in accordance with relevant international standards, such as EN ISO/IEC 17025 - General requirements for the competence of testing and calibration laboratories, as well as relevant applicable guidelines.

Accreditation is granted by a national accreditation body which has exclusive competence to assess if a laboratory meets the requirements set by harmonised standards. An accreditation body derives its authority from the State. Regulation (EC) No 765/2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products contains detailed provisions on the competence of the national accreditation bodies. The absence of an agreement to apply a common accreditation standard for analysis of scientific evidence is a deficiency that should be remedied.

CONTENT: the purpose of this draft Framework Decision is to ensure that the results of laboratory activities of one Member State are recognised as being equivalent to the results of laboratory activities of any other Member State. This purpose is achieved by ensuring that laboratory activities are accredited by an accreditation body to comply with International Standard EN ISO/IEC 17025 – General requirements for the competence of testing and calibration laboratories.

Scope: the Framework Decision shall apply to laboratory activities relating to: (a) DNA; and (b) fingerprints.

Accreditation: Member States shall ensure that their laboratory activities are accredited by an accreditation body to comply with International Standard EN ISO/IEC 17025 - General requirements for the competence of testing and calibration laboratories.

Mutual recognition of results: each Member State shall ensure that the results of accredited laboratory activities carried out in other Member States are recognised as being equivalent to the results of domestic accredited laboratory activities.

Costs: each Member State shall bear any costs resulting from the Framework Decision. Implementation: it is proposed that Member States shall take the necessary measures to comply with the provisions before 1 January 2012.

IMPACT ASSESSMENT: not applicable.

BUDGETARY IMPLICATION: the Commission is encouraged to consider financial support for related national and transnational projects, inter alia, for the exchange of experience, dissemination of know-how and proficiency.

11419/2009

PURPOSE: initiative of Sweden and Spain on ensuring that laboratory activities are accredited by an accreditation body in order to combat crime through closer cooperation between law enforcement authorities in the Member States.

PROPOSED ACT: Council Decision.

BACKGROUND: the intensified exchange of information regarding forensic evidence and the increased use of evidence from one Member State in the judicial processes of another highlights the need to ensure that the quality of the data is sufficiently high.

Information originating from forensic processes in one Member State may currently be associated with a level of uncertainty in another Member State regarding how an item has been handled, what methods have been used and how the results have been interpreted. It is particularly important to safeguard the quality of the information exchanged when it relates to such sensitive personal data as DNA profiles and fingerprints. The accreditation of forensic processes is an important step towards a safer and more effective exchange of scientific evidence within the Union. Accreditation offers the necessary guarantees that laboratory activities are performed in accordance with relevant international standards, such as EN ISO/IEC 17025 - General requirements for the competence of testing and calibration laboratories, as well as relevant applicable guidelines.

Accreditation is granted by a national accreditation body which has exclusive competence to assess if a laboratory meets the requirements set by harmonised standards. An accreditation body derives its authority from the State. Regulation (EC) No 765/2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products contains detailed provisions on the competence of the national accreditation bodies. The absence of an agreement to apply a common accreditation standard for analysis of scientific evidence is a deficiency that should be remedied.

CONTENT: the purpose of this draft Framework Decision is to ensure that the results of laboratory activities of one Member State are recognised as being equivalent to the results of laboratory activities of any other Member State. This purpose is achieved by ensuring that laboratory activities are accredited by an accreditation body to comply with International Standard EN ISO/IEC 17025 – General requirements for the competence of testing and calibration laboratories.

Scope: the Framework Decision shall apply to laboratory activities relating to: (a) DNA; and (b) fingerprints.

Accreditation: Member States shall ensure that their laboratory activities are accredited by an accreditation body to comply with International Standard EN ISO/IEC 17025 - General requirements for the competence of testing and calibration laboratories.

Mutual recognition of results: each Member State shall ensure that the results of accredited laboratory activities carried out in other Member States are recognised as being equivalent to the results of domestic accredited laboratory activities.

Costs: each Member State shall bear any costs resulting from the Framework Decision. Implementation: it is proposed that Member States shall take the necessary measures to comply with the provisions before 1 January 2012.

IMPACT ASSESSMENT: not applicable.

BUDGETARY IMPLICATION: the Commission is encouraged to consider financial support for related national and transnational projects, inter alia, for the exchange of experience, dissemination of know-how and proficiency.

11419/2009