BETA


2016/0814(CNS) Automated data exchange with regard to dactyloscopic data in Denmark

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead LIBE MORAES Claude (icon: S&D S&D)
Lead committee dossier:
Legal Basis:
Treaty on the European Union (after Amsterdam) M 039-p1

Events

2016/11/24
   Final act published in Official Journal
Details

PURPOSE: to authorise Denmark to receive and supply personal data in respect of fingerprint data (dactyloscopic data).

NON-LEGISLATIVE ACT: Council Implementing Decision (EU) 2016/2048 on the launch of automated data exchange with regard to dactyloscopic data in Denmark.

CONTENT: this Council Implementing Decision authorises Denmark to receive and supply transmit personal data in accordance with Decision 2008/615/JHA for the purpose of automated searching of dactyloscopic data, as from 25 November 2016.

As a reminder, Council Decision 2008/615/JHA on the stepping up of cross-border cooperation, in particular with a view to combating terrorism and cross-border crime, provides that the supply of personal data may not take place until the general provisions on data protection have been implemented in the national law of the territories of the Member States involved in such supply.

An overall evaluation report , including a summary of the results of the data protection questionnaire sent to Denmark, the evaluation visit to this country and the pilot test with Germany was presented to the Council.

On 12 June 2016, the Council concluded that Denmark had fully implemented the general provisions on data protection set out in Decision 2008/615/JHA.

ENTRY INTO FORCE: 25.11.2016.

2016/11/18
   EP/CSL - Act adopted by Council after consultation of Parliament
2016/11/18
   EP - End of procedure in Parliament
2016/11/18
   CSL - Council Meeting
2016/10/25
   EP - Results of vote in Parliament
2016/10/25
   EP - Decision by Parliament, 1st reading/single reading
Details

The European Parliament adopted by 589 votes to 75, with 24 abstentions, a legislative resolution on the draft Council implementing decision on the launch of automated data exchange with regard to dactyloscopic data in Denmark.

In line with the recommendation made by the Committee on Civil Liberties, Justice and Home Affairs, Parliament approved the draft Council proposal without amendment.

The draft Council implementing Decision aims, for the purposes of automated searching of dactyloscopic data, to authorise Denmark to receive and supply personal data pursuant to Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime.

Documents
2016/10/14
   EP - Committee report tabled for plenary, 1st reading/single reading
Details

The Committee on Civil Liberties, Justice and Home Affairs adopted, in accordance with the Parliament’s consultation procedure, the report by Claude MORAES (S&D, UK) on the draft Council implementing decision on the launch of automated data exchange with regard to dactyloscopic data in Denmark.

The committee recommended the Parliament to approve the Council proposal without amendment.

The draft Council implementing Decision aims, for the purposes of automated searching of dactyloscopic data, to authorise Denmark to receive and supply personal data pursuant to Decision 2008/615/JHA as from the date of the entry into force of this Decision.

In the draft legislative resolution, the committee responsible referred to the resolution of 10 October 2013 on strengthening cross-border law enforcement cooperation in the EU: the implementation of the ‘Prüm Decision’ and the European Information Exchange Mode and to the resolution of 9 July 2015 on the European Agenda on Security.

Documents
2016/10/12
   EP - Vote in committee, 1st reading/single reading
2016/09/26
   EP - Committee draft report
Documents
2016/09/26
   EP - Responsible Committee
2016/09/12
   EP - Committee referral announced in Parliament, 1st reading/single reading
2016/07/29
   EC - Legislative proposal published
Details

PURPOSE: to launch the automated data exchange with regard to dactyloscopic data in Denmark.

PROPOSED ACT: Council Implementing Decision.

ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion.

BACKGROUND: according to Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime, the supply of personal data provided for under that Decision may not take place until the general provisions on data protection set out in that Decision.

Council Decision 2008/616/JHA on the implementation of Decision 2008/615/JHA provides that the verification that the above condition has been met with respect to automated data exchange is to be done on the basis of: (i) an evaluation report based on a questionnaire, (ii) an evaluation visit and (iii) a pilot run.

Denmark completed the questionnaire on data protection and the questionnaire on dactyloscopic data exchange. A successful pilot run has been carried out by Denmark with Germany. An evaluation visit also took place in Denmark.

An overall evaluation report was presented in which the Council concluded, on 12 July 2016, that Denmark had fully implemented the general provisions on data protection set out in Chapter 6 of Decision 2008/615/JHA.

CONTENT: this draft Council implementing Decision aims, for the purposes of automated searching of dactyloscopic data, to authorise Denmark to receive and supply personal data pursuant to Decision 2008/615/JHA as from the date of the entry into force of this Decision.

The United Kingdom and Ireland shall take part in the adoption of the proposed Decision.

Documents

Documents

Activities

Votes

A8-0288/2016 - Claude Moraes - Vote unique #

2016/10/25 Outcome: +: 589, -: 75, 0: 24
DE IT PL FR GB ES RO BE HU NL AT CZ SE BG PT SK FI DK LT SI HR LV LU EE MT IE CY EL
Total
89
68
49
70
67
49
27
20
18
25
17
19
18
15
21
12
13
9
8
8
7
7
5
5
5
10
6
20
icon: PPE PPE
200

Denmark PPE

For (1)

1

Lithuania PPE

2

Croatia PPE

2

Luxembourg PPE

3

Estonia PPE

For (1)

1

Cyprus PPE

1
icon: S&D S&D
175

Netherlands S&D

3

Czechia S&D

3

Slovenia S&D

For (1)

1

Croatia S&D

For (1)

1

Latvia S&D

1

Luxembourg S&D

For (1)

1

Estonia S&D

For (1)

1

Malta S&D

2

Ireland S&D

For (1)

1

Cyprus S&D

2
icon: ECR ECR
68

Italy ECR

2

Romania ECR

For (1)

1

Netherlands ECR

2

Czechia ECR

2

Bulgaria ECR

2
2

Denmark ECR

2

Croatia ECR

For (1)

1

Latvia ECR

For (1)

1

Cyprus ECR

1

Greece ECR

Against (1)

1
icon: ALDE ALDE
61

United Kingdom ALDE

1

Romania ALDE

3

Denmark ALDE

2
2

Slovenia ALDE

For (1)

1

Croatia ALDE

2

Luxembourg ALDE

For (1)

1

Estonia ALDE

2

Ireland ALDE

For (1)

1
icon: Verts/ALE Verts/ALE
47

Belgium Verts/ALE

2

Hungary Verts/ALE

For (1)

1

Netherlands Verts/ALE

2

Austria Verts/ALE

3

Finland Verts/ALE

For (1)

1

Denmark Verts/ALE

For (1)

1

Lithuania Verts/ALE

For (1)

1

Slovenia Verts/ALE

For (1)

1

Croatia Verts/ALE

For (1)

1

Latvia Verts/ALE

1

Estonia Verts/ALE

For (1)

1
icon: ENF ENF
37

Poland ENF

2

United Kingdom ENF

Against (1)

1

Romania ENF

1

Belgium ENF

For (1)

1

Netherlands ENF

3
icon: EFDD EFDD
40

Germany EFDD

Against (1)

1

Poland EFDD

1

France EFDD

1

Czechia EFDD

Abstain (1)

1

Sweden EFDD

2

Lithuania EFDD

For (1)

1
icon: NI NI
11

Germany NI

For (1)

1

Poland NI

Abstain (1)

1

France NI

Abstain (1)

2

United Kingdom NI

For (1)

1

Hungary NI

For (1)

1
icon: GUE/NGL GUE/NGL
48

Italy GUE/NGL

3

United Kingdom GUE/NGL

Against (1)

1

Netherlands GUE/NGL

Against (1)

3

Czechia GUE/NGL

Against (1)

2

Sweden GUE/NGL

Against (1)

1

Finland GUE/NGL

Against (1)

1
4

Cyprus GUE/NGL

2

History

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

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  • date: 2016-07-29T00:00:00 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=11220%2F16&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC type: Legislative proposal published title: 11220/2016 body: EC commission: DG: url: http://ec.europa.eu/info/departments/migration-and-home-affairs_en title: Migration and Home Affairs Commissioner: AVRAMOPOULOS Dimitris type: Legislative proposal published
  • date: 2016-09-12T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: True committee: LIBE date: 2016-09-26T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: S&D name: MORAES Claude
  • date: 2016-10-12T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP responsible: True committee: LIBE date: 2016-09-26T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: S&D name: MORAES Claude
  • body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2016-0288&language=EN type: Committee report tabled for plenary, 1st reading/single reading title: A8-0288/2016 type: Committee report tabled for plenary, 1st reading/single reading committees: body: EP responsible: True committee: LIBE date: 2016-09-26T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: S&D name: MORAES Claude date: 2016-10-14T00:00:00
  • date: 2016-10-25T00:00:00 docs: url: http://www.europarl.europa.eu/oeil/popups/sda.do?id=27713&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=P8-TA-2016-0392 type: Decision by Parliament, 1st reading/single reading title: T8-0392/2016 body: EP type: Results of vote in Parliament
  • date: 2016-11-18T00:00:00 body: CSL type: Council Meeting council: Justice and Home Affairs (JHA) meeting_id: 3501
  • date: 2016-11-18T00:00:00 body: EP type: End of procedure in Parliament
  • date: 2016-11-18T00:00:00 body: EP/CSL type: Act adopted by Council after consultation of Parliament
  • date: 2016-11-24T00:00:00 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=32016D2048 title: Decision 2016/2048 url: http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2016:318:TOC title: OJ L 318 24.11.2016, p. 0010
commission
  • body: EC dg: Migration and Home Affairs commissioner: AVRAMOPOULOS Dimitris
committees/0
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EP
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False
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Civil Liberties, Justice and Home Affairs
committee
LIBE
date
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rapporteur
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committees/0
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  • body: CSL type: Council Meeting council: Justice and Home Affairs (JHA) meeting_id: 3501 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=3501*&MEET_DATE=18/11/2016 date: 2016-11-18T00:00:00
docs
  • date: 2016-09-26T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE589.396 title: PE589.396 type: Committee draft report body: EP
events
  • date: 2016-07-29T00:00:00 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=11220%2F16&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC title: 11220/2016 summary: PURPOSE: to launch the automated data exchange with regard to dactyloscopic data in Denmark. PROPOSED ACT: Council Implementing Decision. ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion. BACKGROUND: according to Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime, the supply of personal data provided for under that Decision may not take place until the general provisions on data protection set out in that Decision. Council Decision 2008/616/JHA on the implementation of Decision 2008/615/JHA provides that the verification that the above condition has been met with respect to automated data exchange is to be done on the basis of: (i) an evaluation report based on a questionnaire, (ii) an evaluation visit and (iii) a pilot run. Denmark completed the questionnaire on data protection and the questionnaire on dactyloscopic data exchange. A successful pilot run has been carried out by Denmark with Germany. An evaluation visit also took place in Denmark. An overall evaluation report was presented in which the Council concluded, on 12 July 2016, that Denmark had fully implemented the general provisions on data protection set out in Chapter 6 of Decision 2008/615/JHA. CONTENT: this draft Council implementing Decision aims, for the purposes of automated searching of dactyloscopic data, to authorise Denmark to receive and supply personal data pursuant to Decision 2008/615/JHA as from the date of the entry into force of this Decision. The United Kingdom and Ireland shall take part in the adoption of the proposed Decision.
  • date: 2016-09-12T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2016-10-12T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2016-10-14T00:00:00 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=A8-2016-0288&language=EN title: A8-0288/2016 summary: The Committee on Civil Liberties, Justice and Home Affairs adopted, in accordance with the Parliament’s consultation procedure, the report by Claude MORAES (S&D, UK) on the draft Council implementing decision on the launch of automated data exchange with regard to dactyloscopic data in Denmark. The committee recommended the Parliament to approve the Council proposal without amendment. The draft Council implementing Decision aims, for the purposes of automated searching of dactyloscopic data, to authorise Denmark to receive and supply personal data pursuant to Decision 2008/615/JHA as from the date of the entry into force of this Decision. In the draft legislative resolution, the committee responsible referred to the resolution of 10 October 2013 on strengthening cross-border law enforcement cooperation in the EU: the implementation of the ‘Prüm Decision’ and the European Information Exchange Mode and to the resolution of 9 July 2015 on the European Agenda on Security.
  • date: 2016-10-25T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=27713&l=en title: Results of vote in Parliament
  • date: 2016-10-25T00:00:00 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=P8-TA-2016-0392 title: T8-0392/2016 summary: The European Parliament adopted by 589 votes to 75, with 24 abstentions, a legislative resolution on the draft Council implementing decision on the launch of automated data exchange with regard to dactyloscopic data in Denmark. In line with the recommendation made by the Committee on Civil Liberties, Justice and Home Affairs, Parliament approved the draft Council proposal without amendment. The draft Council implementing Decision aims, for the purposes of automated searching of dactyloscopic data, to authorise Denmark to receive and supply personal data pursuant to Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime.
  • date: 2016-11-18T00:00:00 type: Act adopted by Council after consultation of Parliament body: EP/CSL
  • date: 2016-11-18T00:00:00 type: End of procedure in Parliament body: EP
  • date: 2016-11-24T00:00:00 type: Final act published in Official Journal summary: PURPOSE: to authorise Denmark to receive and supply personal data in respect of fingerprint data (dactyloscopic data). NON-LEGISLATIVE ACT: Council Implementing Decision (EU) 2016/2048 on the launch of automated data exchange with regard to dactyloscopic data in Denmark. CONTENT: this Council Implementing Decision authorises Denmark to receive and supply transmit personal data in accordance with Decision 2008/615/JHA for the purpose of automated searching of dactyloscopic data, as from 25 November 2016. As a reminder, Council Decision 2008/615/JHA on the stepping up of cross-border cooperation, in particular with a view to combating terrorism and cross-border crime, provides that the supply of personal data may not take place until the general provisions on data protection have been implemented in the national law of the territories of the Member States involved in such supply. An overall evaluation report , including a summary of the results of the data protection questionnaire sent to Denmark, the evaluation visit to this country and the pilot test with Germany was presented to the Council. On 12 June 2016, the Council concluded that Denmark had fully implemented the general provisions on data protection set out in Decision 2008/615/JHA. ENTRY INTO FORCE: 25.11.2016. docs: title: Decision 2016/2048 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32016D2048 title: OJ L 318 24.11.2016, p. 0010 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2016:318:TOC
links
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  • body: EC dg: url: http://ec.europa.eu/info/departments/migration-and-home-affairs_en title: Migration and Home Affairs commissioner: AVRAMOPOULOS Dimitris
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Rules of Procedure EP 159
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  • LIBE/8/07608
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procedure/instrument
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  • Decision
  • See also Decision 2008/615/JHA 2007/0804(CNS)
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  • 1.20.09 Protection of privacy and data protection
  • 7.30 Police, judicial and customs cooperation in general
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  • See also Decision 2008/615/JHA
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text

PURPOSE: to authorise Denmark to receive and supply personal data in respect of fingerprint data (dactyloscopic data).

NON-LEGISLATIVE ACT: Council Implementing Decision (EU) 2016/2048 on the launch of automated data exchange with regard to dactyloscopic data in Denmark.

CONTENT: this Council Implementing Decision authorises Denmark to receive and supply transmit personal data in accordance with Decision 2008/615/JHA for the purpose of automated searching of dactyloscopic data, as from 25 November 2016.

As a reminder, Council Decision 2008/615/JHA on the stepping up of cross-border cooperation, in particular with a view to combating terrorism and cross-border crime, provides that the supply of personal data may not take place until the general provisions on data protection have been implemented in the national law of the territories of the Member States involved in such supply.

An overall evaluation report, including a summary of the results of the data protection questionnaire sent to Denmark, the evaluation visit to this country and the pilot test with Germany was presented to the Council.

On 12 June 2016, the Council concluded that Denmark had fully implemented the general provisions on data protection set out in Decision 2008/615/JHA.

ENTRY INTO FORCE: 25.11.2016.

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New
Automated data exchange with regard to dactyloscopic data in Denmark
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  • PURPOSE: to launch the automated data exchange with regard to dactyloscopic data in Denmark.

    PROPOSED ACT: Council Implementing Decision.

    ROLE OF THE EUROPEAN PARLIAMENT: the Council adopts the act after consulting the European Parliament but without being obliged to follow its opinion.

    BACKGROUND: according to Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime, the supply of personal data provided for under that Decision may not take place until the general provisions on data protection set out in that Decision.

    Council Decision 2008/616/JHA on the implementation of Decision 2008/615/JHA provides that the verification that the above condition has been met with respect to automated data exchange is to be done on the basis of: (i) an evaluation report based on a questionnaire, (ii) an evaluation visit and (iii) a pilot run.

    Denmark completed the questionnaire on data protection and the questionnaire on dactyloscopic data exchange. A successful pilot run has been carried out by Denmark with Germany. An evaluation visit also took place in Denmark.

    An overall evaluation report was presented in which the Council concluded, on 12 July 2016, that Denmark had fully implemented the general provisions on data protection set out in Chapter 6 of Decision 2008/615/JHA.

    CONTENT: this draft Council implementing Decision aims, for the purposes of automated searching of dactyloscopic data, to authorise Denmark to receive and supply personal data pursuant to Decision 2008/615/JHA as from the date of the entry into force of this Decision.

    The United Kingdom and Ireland shall take part in the adoption of the proposed Decision.

activities/0/commission/0
DG
Commissioner
AVRAMOPOULOS Dimitris
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EC
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commissioner
AVRAMOPOULOS Dimitris
activities
  • date: 2016-07-29T00:00:00 docs: url: http://register.consilium.europa.eu/content/out?lang=EN&typ=SET&i=ADV&RESULTSET=1&DOC_ID=11220%2F16&DOC_LANCD=EN&ROWSPP=25&NRROWS=500&ORDERBY=DOC_DATE+DESC type: Legislative proposal published title: 11220/2016 type: Legislative proposal published body: EC commission:
committees
  • body: EP responsible: True committee_full: Civil Liberties, Justice and Home Affairs committee: LIBE
links
other
    procedure
    legal_basis
    Treaty on the European Union (after Amsterdam) M 039-p1
    reference
    2016/0814(CNS)
    subtype
    Legislation
    geographical_area
    Denmark
    stage_reached
    Preparatory phase in Parliament
    summary
    See also Decision 2008/615/JHA
    instrument
    Decision
    title
    Automated data exchange with regard to dactyloscopic data in Denmark. Implementing decision
    type
    CNS - Consultation procedure
    subject