PURPOSE: the launch of an automated data exchange with
regard to Vehicle Registration Data (VRD) 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 have been implemented in the national law of the
territories of the Member States involved in such
supply.
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 and
is to be done on the basis of an evaluation report based on a
questionnaire, an evaluation visit and a pilot run.
Denmark has completed the questionnaire on data
protection and the questionnaire on Vehicle Registration Data (VRD)
exchange. A successful pilot run has been carried out by Denmark
with the Netherlands. An evaluation visit has taken place in
Denmark.
On 13 October 2016, the Council, having noted the
agreement of all Member States bound by Decision 2008/615/JHA,
concluded that Denmark had fully implemented the general provisions
on data protection set out in Chapter 6 of Decision
2008/615/JHA.
CONTENT: the proposed implementing Council Decision
seeks 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 for the purposes of automated
searching of Vehicle Registration Data.
Denmark, the United Kingdom and Ireland shall
participate in the adoption and the application of the proposed
Decision.