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Europaudvalget 2006-07
EUU Alm.del Bilag 159
Offentligt

COUNCIL OF

THE EUROPEAN UNION

Brussels, 7 July 2005 (28.07)

(OR. nl)

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CRIMORG 65

ENFOPOL 85

MIGR 30

NOTE

from:

to:

Subject:

Council Secretariat

delegations

Prüm Convention

Delegations will find attached, for their information, the Convention between the Kingdom of

Belgium, the Federal Republic of Germany, the Kingdom of Spain, the French Republic, the

Grand Duchy of Luxembourg, the Kingdom of the Netherlands and the Republic of Austria on the

stepping up of cross-border cooperation, particularly in combating terrorism, cross-border crime

and illegal migration.

The Convention was signed by the contracting parties in Prüm (Germany) on 27 May 2005.

____________________

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Convention

between

the Kingdom of Belgium,

the Federal Republic of Germany,

the Kingdom of Spain,

the French Republic,

the Grand Duchy of Luxembourg,

the Kingdom of the Netherlands and

the Republic of Austria

on the

stepping up of cross-border cooperation,

particularly in combating terrorism, cross-border crime and illegal migration

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The High Contracting Parties to this Convention, being Member States of the European Union,

Considering that in an area with free movement of persons it is important for Member States of the

European Union to step up their cooperation, in order to combat terrorism, cross-border crime and

illegal migration more effectively,

Endeavouring, without prejudice to the provisions of the Treaty on European Union and the Treaty

establishing the European Community, for the further development of European cooperation, to

play a pioneering role in establishing the highest possible standard of cooperation, especially by

means of improved exchange of information, particularly in combating terrorism, cross-border

crime and illegal migration, while leaving participation in such cooperation open to all other

Member States of the European Union,

Seeking to have the provisions of this Convention brought within the legal framework of the

European Union, in order to improve exchange of information within the European Union,

particularly in combating terrorism, cross-border crime and illegal migration, and to establish the

necessary legal and technical conditions for that purpose,

In observance of the fundamental rights deriving from the Charter of Fundamental Rights of the

European Union, the European Convention for the Protection of Human Rights and Fundamental

Freedoms and the constitutional traditions common to the States concerned, particularly in the

awareness that the supply of personal data to another Contracting Party requires a reasonable

standard of data protection on the part of the receiving Contracting Party,

Considering that, without prejudice to current national law, provision should be made for measures

under this Convention to remain subject to suitable judicial review,

Seeking to supplement this Convention with further agreements, allowing automated searching of

data in other appropriate records, in so far as is necessary and reasonable for the purpose of stepping

up cross-border cooperation,

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Have agreed as follows:

Chapter 1

General aspects

Article 1

Basic principles of the Convention

By means of this Convention, the Contracting Parties intend to step up cross-border

cooperation, particularly mutual exchange of information.

Such cooperation is without prejudice to European Union law and open for any Member State

of the European Union to join, in accordance with this Convention.

Cooperation under this Convention is aimed at devising initiatives to promote European

cooperation in the fields laid down in this Convention.

Within three years at most following entry into force of this Convention, on the basis of an

assessment of experience of its implementation, an initiative shall be submitted, in

consultation with or on a proposal from the European Commission, in compliance with the

provisions of the Treaty on European Union and the Treaty establishing the European

Community, with the aim of incorporating the provisions of this Convention into the legal

framework of the European Union.

The Contracting Parties shall regularly submit joint progress reports on cooperation to the

Council of the European Union and the European Commission.

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Chapter 2

DNA profiles and fingerprinting and other data

Article 2

Establishment of national DNA analysis files

The Contracting Parties hereby undertake to open and keep national DNA analysis files for

the investigation of criminal offences. Processing of data kept in those files, under this

Convention, shall be carried out subject to its other provisions, in compliance with the

national law applicable to the processing.

For the purpose of implementing Convention, the Contracting Parties shall ensure the

availability of reference data from their national DNA analysis files as referred to in the first

sentence of paragraph 1. Reference data shall only include DNA profiles* established from

the non-coding part of DNA and a reference. Reference data must not contain any data from

which the data subject can be directly identified. Reference data not traceable to any

individual (untraceables) must be recognisable as such.

When depositing instruments of ratification, acceptance, approval or accession, each

Contracting Party shall specify the national DNA analysis files to which Articles 2 to 6 are

applicable and the conditions for automated searching as referred to in Article 3(1).

For the Federal Republic of Germany, DNA profiles as referred to in this Convention shall

mean

DNA-Identifizierungsmuster

(DNA identification patterns).

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Article 3

Automated searching of DNA profiles

For the investigation of criminal offences, the Contracting Parties shall allow other

Contracting Parties' national contact points, as referred to in Article 6, access to the reference

data in their DNA analysis files, with the power to conduct automated searches by comparing

DNA profiles. Search powers may be exercised only in individual cases and in compliance

with the searching Contracting Party's national law.

Should an automated search show that a DNA profile supplied matches a DNA profile entered

in the Contracting Party's file searched, the searching contact point shall receive automated

notification of the hit and the reference. If no match can be found, automated notification of

this shall be given.

Article 4

Automated comparison of DNA profiles

For the investigation of criminal offences, the Contracting Parties shall, by mutual consent,

via their national contact points, compare the DNA profiles of their untraceables with all

DNA profiles from other national DNA analysis files' reference data. Profiles shall be

supplied and compared in automated form. DNA profiles of untraceables shall be supplied

for comparison only where provided for under the requesting Contracting Party's national law.

Should a Contracting Party, in the comparison referred to in paragraph 1, find that any

DNA profiles supplied match those in its DNA analysis file, it shall without delay supply the

other Contracting Party's national contact point with the reference data with which a match

has been found.

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Article 5

Supply of further personal data and other information

Should the procedure referred to in Articles 3 and 4 show a match between DNA profiles, the

supply of any available further personal data and other information relating to the reference data

shall be governed by the national law, including the legal assistance rules, of the requested

Contracting Party.

Article 6

National contact point and implementing agreement

For the purposes of the supply of data as referred to in Articles 3 and 4, each Contracting

Party shall designate a national contact point. The powers of the contact point shall be

governed by the national law applicable.

Details of technical arrangements for the procedures set out in Articles 3 and 4 shall be laid

down in an implementing agreement as referred to in Article 44.

Article 7

Collection of cellular material and supply of DNA profiles

Where, in ongoing investigations or criminal proceedings, there is no DNA profile available for a

particular individual present within a requested Contracting Party's territory, the requested

Contracting Party shall provide legal assistance by collecting and examining cellular material from

that individual and by supplying the DNA profile obtained, if:

(1)

the requesting Contracting Party specifies the purpose for which this is required;

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(2)

the requesting Contracting Party produces an investigation warrant or statement issued by the

competent authority, as required under that Contracting Party's law, showing that the

requirements for collecting and examining cellular material would be fulfilled if the

individual concerned were present within the requesting Contracting Party's territory, and

(3)

under the requested Contracting Party's law, the requirements for collecting and examining

cellular material and for supplying the DNA profile obtained are fulfilled.

Article 8

Fingerprinting data

For the purpose of implementing this Convention, the Contracting Parties shall ensure the

availability of reference data from the file for the national automated fingerprint identification

systems established for the prevention and investigation of criminal offences. Reference data shall

only include fingerprinting data and a reference. Reference data must not contain any data from

which the data subject can be directly identified. Reference data not traceable to any individual

(untraceables) must be recognisable as such.

Article 9

Automated searching of fingerprinting data

For the prevention and investigation of criminal offences, the Contracting Parties shall allow

other Contracting Parties' national contact points, as referred to in Article 11, access to the

reference data in the automated fingerprint identification systems which they have established

for that purpose, with the power to conduct automated searches by comparing fingerprinting

data. Search powers may be exercised only in individual cases and in compliance with the

searching Contracting Party's national law.

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Firm matching of fingerprinting data with reference data held by the Contracting Party in

charge of the file shall be carried out by the searching national contact point by means of the

automated supply of the reference data required for a clear match.

Article 10

Supply of further personal data and other information

Should the procedure referred to in Article 9 show a match between fingerprinting data, the supply

of any available further personal data and other information relating to the reference data shall be

governed by the national law, including the legal assistance rules, of the requested Contracting

Party.

Article 11

National contact point and implementing agreement

For the purposes of the supply of data as referred to in Article 9, each Contracting Party shall

designate a national contact point. The powers of the contact point shall be governed by the

national law applicable.

Details of technical arrangements for the procedures set out in Article 9 shall be laid down in

an implementing agreement as referred to in Article 44.

Article 12

Automated searching of vehicle registration data

For the prevention and investigation of criminal offences and in dealing with other offences

coming within the jurisdiction of the courts or the public prosecution service in the searching

State, as well as in maintaining public order and security, the Contracting Parties shall allow

other Contracting Parties' national contact points, as referred to in paragraph 2, access to the

following national vehicle registration data, with the power to conduct automated searches in

individual cases:

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(1)

(2)

data relating to owners or operators, and

data relating to vehicles.

Searches may be conducted only with a full chassis number or a full registration number.

Search powers may be exercised only in compliance with the searching Contracting Party's

national law.

For the purposes of the supply of data as referred to in paragraph 1, each Contracting Party

shall designate a national contact point for incoming requests. The powers of the contact

point shall be governed by the national law applicable. Details of technical arrangements for

the procedure shall be laid down in an implementing agreement as referred to in Article 44.

Article 13

Supply of non-personal data

For the prevention of criminal offences and in maintaining public order and security for major

events with a cross-border dimension, in particular for sporting events or European Council

meetings, the Contracting Parties shall, both upon request and of their own accord, in compliance

with the supplying Contracting Party's national law, supply one another with any non-personal data

required for that purpose.

Article 14

Supply of personal data

For the prevention of criminal offences and in maintaining public order and security for major

events with a cross-border dimension, in particular for sporting events or European Council

meetings, the Contracting Parties shall, both upon request and of their own accord, in

compliance with the supplying Contracting Party's national law, supply one another with

personal data if any final convictions or other circumstances give reason to believe that the

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data subjects will commit criminal offences at the event or pose a threat to public order and

security, in so far as the supply of such data is permitted under the supplying Contracting

Party's national law.

Personal data may be processed only for the purposes laid down in paragraph 1 and for the

specified event for which they were supplied. The data supplied must be deleted without

delay once the purposes referred to in paragraph 1 have been achieved or are no longer

achievable. The data supplied must in any event be deleted after not more than a year.

Article 15

National contact point

For the purposes of the supply of data as referred to in Articles 13 and 14, each Contracting Party

shall designate a national contact point. The powers of the contact point shall be governed by the

national law applicable.

Chapter 3

Measures to prevent terrorist offences

Article 16

Supply of information in order to prevent terrorist offences

For the prevention of terrorist offences, the Contracting Parties may, in compliance with

national law, in individual cases, even without being requested to do so, supply other

Contracting Parties' national contact points, as referred to in paragraph 3, with the personal

data and information specified in paragraph 2, in so far as is necessary because particular

circumstances give reason to believe that the data subjects will commit criminal offences as

referred to in Articles 1 to 3 of EU Council Framework Decision 2002/475/JHA of

13 June 2002 on combating terrorism.

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The data to be supplied shall comprise surname, first names, date and place of birth and a

description of the circumstances giving reason for the belief referred to in paragraph 1.

Each Contracting Party shall designate a national contact point for exchange of information

with other Contracting Parties' contact points. The powers of the national contact point shall

be governed by the national law applicable.

The supplying authority may, in compliance with national law, impose conditions on the use

made of such data and information by the receiving authority. The receiving authority shall

be bound by any such conditions.

Article 17

Air marshals

Each Contracting Party shall decide for itself, under its national aviation security policy,

whether to deploy air marshals on aircraft registered in that Contracting Party. Any such air

marshals shall be deployed in accordance with the Chicago Convention of 7 December 1944

on International Civil Aviation and its annexes, in particular Annex 17, and with documents

implementing it, with due regard for the aircraft commander's powers under the Tokyo

Convention of 14 September 1963 on Offences and Certain Other Acts Committed on Board

Aircraft, and in accordance with any other applicable international legal provisions in so far as

they are binding upon the Contracting Parties concerned.

Air marshals as referred to in this Convention shall be police officers or other suitably trained

officials responsible for maintaining security on board aircraft.

The Contracting Parties shall assist one another in the training and further training of air

marshals and shall cooperate closely on matters concerning air marshals' equipment.

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Before a Contracting Party deploys air marshals, its relevant national contact point must give

notice in writing of their deployment. Notice shall be given to the relevant national contact

point in another Contracting Party at least three days before the flight in question to or from

one of its airports. In the event of imminent danger, notice must be given without any further

delay, as a rule before the aircraft lands.

The notice in writing shall contain the information specified in Annex 1 to this Convention

and shall be treated as confidential by Contracting Parties. The Contracting Parties may

amend Annex 1 by means of a separate agreement.

Article 18

Carrying of arms, ammunition and equipment

The Contracting Parties shall, upon request, grant air marshals deployed by other Contracting

Parties general permission to carry arms, ammunition and equipment on flights to or from

airports in Contracting Parties. Such permission shall cover the carrying of arms and

ammunition on board aircraft and, subject to paragraph 2, in restricted-access security areas at

an airport in the Contracting Party in question.

The carrying of arms and ammunition shall be subject to the following conditions:

(1)

those carrying arms and ammunition may not disembark with them from aircraft at

airports or enter restricted-access security areas at an airport in another Contracting

Party, unless escorted by a representative of its competent national authority;

(2)

the arms and ammunition carried must, immediately upon disembarking from the

aircraft, under escort, be deposited for supervised safekeeping in a place designated by

the competent national authority.

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Article 19

National contact and coordination points

For the purposes of duties under Articles 17 and 18, each Contracting Party shall designate a

national contact and coordination point.

Chapter 4

Measures to combat illegal migration

Article 20

Document advisers

On the basis of joint situation assessments and in compliance with the relevant provisions of

EU Council Regulation (EC) No 377/2004 of 19 February 2004 on the creation of an

immigration liaison officers network, the Contracting Parties shall agree on the seconding of

document advisers to States regarded as source or transit countries for illegal migration.

Under their own national law, the Contracting Parties shall regularly exchange any

information on illegal migration that is gleaned from their document advisers' work.

In seconding document advisers, the Contracting Parties may entrust one Contracting Party

with coordination of specific measures. Such coordination may be temporary in nature.

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Article 21

Document advisers' duties

Document advisers seconded by Contracting Parties shall have the following duties in particular:

(1)

advising and training Contracting Parties' representations abroad on passport and visa matters,

particularly detection of false or falsified documents, and on document abuse and illegal

migration;

(2)

advising and training carriers on their obligations under the Convention of 19 June 1990

implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at

common borders and under Annex 9 to the Chicago Convention of 7 December 1944 on

International Civil Aviation and on the detection of false or falsified documents and the

relevant immigration rules, and

(3)

advising and training the host country's border control authorities and institutions.

This shall not affect the powers of the Contracting Parties' representations abroad and border

control authorities.

Article 22

National contact and coordination points

The Contracting Parties shall designate contact and coordination points to be approached on

concerted arrangements for document adviser secondment and on preparation, implementation,

guidance and assessment of advice and training schemes.

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Article 23

Assistance with repatriation measures

The Contracting Parties shall assist one another with repatriation measures, in compliance

with EU Council Decision 2004/573/EC of 29 April 2004 on the organisation of joint flights

for removals, from the territory of two or more Member States, of third-country nationals who

are subjects of individual removal orders and EU Council Directive 2003/110/EC of

25 November 2003 on assistance in cases of transit for the purposes of removal by air. They

shall inform one another of planned repatriation measures in good time and, as far as possible,

shall give other Contracting Parties an opportunity to participate. For joint repatriation

measures, Contracting Parties shall together agree on arrangements for escorting those to be

repatriated and for security.

A Contracting Party may, where necessary, repatriate those to be repatriated via another

Contracting Party's territory. A decision on the repatriation measure shall be taken by the

Contracting Party via whose territory repatriation is to be carried out. In its decision on

repatriation, it shall specify the conditions for implementation and, if necessary, also impose

on those to be repatriated such measures of constraint as are allowed under its own national

law.

For the purposes of preparing and implementing repatriation measures, the Contracting

Parties shall designate national contact points. Experts shall meet regularly in a working party

in order to:

(1)

assess the results of past operations and take them into account in future preparations

and implementation;

(2)

consider and resolve any problems arising from transit as referred to in paragraph 2.

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Chapter 5

Other forms of cooperation

Article 24

Joint operations

In order to step up police cooperation, the competent authorities designated by the

Contracting Parties may, in maintaining public order and security and preventing criminal

offences, introduce joint patrols and other joint operations in which designated officers or

other officials (hereinafter referred to as "officers") from other Contracting Parties participate

in operations within a Contracting Party's territory.

Each Contracting Party may, as a host State, in compliance with its own national law, with the

seconding State's consent, confer sovereign powers on other Contracting Parties' officers

involved in joint operations or, in so far as the host State's law permits, allow other

Contracting Parties' officers to exercise their sovereign powers in accordance with the

seconding State's law. Such sovereign powers may be exercised only under the guidance and,

as a rule, in the presence of officers from the host State. Other Contracting Parties' officers

shall be subject to the host State's national law. The host State shall assume responsibility for

their actions.

Other Contracting Parties' officers involved in joint operations shall be subject to the

instructions given by the host State's competent authority.

Practical aspects of cooperation shall be governed by implementing agreements as referred to

in Article 44.

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Article 25

Measures in the event of imminent danger

In urgent situations, officers from one Contracting Party may, without another Contracting

Party's prior consent, cross the border between the two so that, within an area of the other

Contracting Party's territory close to the border, in compliance with the host State's national

law, they can take any provisional measures necessary to avert imminent danger to the

physical integrity of individuals.

An urgent situation as referred to in paragraph 1 shall be deemed to arise if there is a risk that

the danger will materialise in the event of waiting for the host State's officers to act or to take

charge as stipulated in Article 24(2).

The officers crossing the border must notify the host State without delay. The host State shall

confirm receipt of that notification and without delay take the necessary measures to avert the

danger and take charge of the operation. The officers crossing the border may operate in the

host State only until the host State has taken the necessary protective measures. The officers

crossing the border shall be required to follow the host State's instructions.

The Contracting Parties shall specify in a separate agreement the authorities to be notified

without delay, as stipulated in paragraph 3. The officers crossing the border shall be required

to comply with the provisions of this article and with the law of the Contracting Party within

whose territory they are operating.

The host State shall assume responsibility for the measures taken by the officers crossing the

border.

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Article 26

Assistance in connection with major events, disasters and serious accidents

The Contracting Parties' competent authorities shall provide one another with mutual assistance, in

compliance with national law, in connection with mass gatherings and similar major events,

disasters and serious accidents, by:

(1)

notifying one another as promptly as possible of such situations with a cross-border impact

and exchanging any relevant information;

(2)

taking and coordinating the necessary policing measures within their territory in situations

with a cross-border impact;

(3)

as far as possible, dispatching officers, specialists and advisers and supplying equipment, at

the request of the Contracting Party within whose territory the situation has arisen.

This shall not affect any international agreements in which the Contracting Parties participate with

regard to mutual assistance in the event of disasters and serious accidents.

Article 27

Cooperation upon request

The Contracting Parties' competent authorities shall provide one another with assistance, upon

request, within the scope of their powers and in compliance with their own national law.

The Contracting Parties' competent authorities shall provide one another with assistance, in

accordance with the first sentence of Article 39(1) of the Convention of 19 June 1990

implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at

common borders, in particular by:

(1)

identifying owners and operators of vehicles and providing information on drivers,

masters and captains of vehicles, vessels and aircraft, in so far as not already provided

for in Article 12;

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(2)

(3)

(4)

(5)

supplying information on driving licences, navigation licences and similar permits;

ascertaining individuals' whereabouts and place of residence;

checking on residence permits;

ascertaining the identity of telephone subscribers and subscribers to other

telecommunications services, where publicly accessible;

(6)

(7)

establishing the identity of individuals;

investigating the origin of items such as arms, motor vehicles and vessels (enquiries via

trade channels);

(8)

supplying data from police databases and police records and supplying information

from official records accessible to the public;

(9)

issuing urgent alerts concerning arms and explosives and alerts concerning currency

counterfeiting and securities fraud;

(10) supplying information on practical implementation of cross-border surveillance,

cross-border hot pursuit and controlled deliveries, and

(11) ascertaining an individual's willingness to make a statement.

If the requested authority is not empowered to deal with a request, it shall pass the request on

to the authority empowered to do so. The requested authority shall notify the requesting

authority of the passing on of the request and of the authority empowered to deal with it. The

latter authority shall deal with the request and send the requesting authority the result.

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Chapter 6

General provisions

Article 28

Use of arms, ammunition and equipment

Officers from a Contracting Party who are involved in a joint operation within another

Contracting Party's territory may wear their own national uniforms there. They may carry

such arms, ammunition and equipment as they are allowed to under the seconding State's

national law. Any Contracting Party may prohibit the carrying of particular arms,

ammunition or equipment by a seconding State's officers.

The arms, ammunition and equipment listed in Annex 2 may be used only in legitimate

defence of officers themselves or of others. The host State's officer in actual charge of the

operation may in individual cases, in compliance with national law, give permission for arms,

ammunition and equipment to be used for purposes going beyond that specified in the first

sentence. The use of arms, ammunition and equipment shall be governed by the host State's

law. The competent authorities shall inform one another of the arms, ammunition and

equipment permitted and of the conditions for their use.

The Contracting Parties may amend Annex 2 by means of a separate agreement.

If officers from a Contracting Party make use of vehicles in action under this Convention

within another Contracting Party's territory, they shall be subject to the same road traffic

regulations as the host State's officers, including as regards right of way and any special

privileges.

Practical aspects of the use of arms, ammunition and equipment shall be governed by an

implementing agreement as referred to in Article 44.

This article shall apply without prejudice to Article 18.

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Article 29

Protection and assistance

The Contracting Parties shall be required to provide other Contracting Parties' officers crossing

borders with the same protection and assistance in the course of those officers' duties as for their

own officers.

Article 30

General rules on liability

Liability under this Convention shall be governed by Article 43 of the Convention of 19 June 1990

implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at

common borders. The first sentence shall not apply to Articles 17 and 18.

Article 31

Criminal liability

Officers operating within another Contracting Party's territory, under this Convention, shall be

treated in the same way as that other Contracting Party's officers with regard to any criminal

offences that might be committed by or against them, save as otherwise provided in any other

agreement applicable to the Contracting Parties.

Article 32

Employment relationship

Officers operating within another Contracting Party's territory, under this Convention, shall remain

subject to the employment law provisions applicable in their own State, particularly as regards

disciplinary rules.

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Chapter 7

General provisions on data protection

Article 33

Definitions, scope

For the purposes of this Convention:

"processing of personal data" shall mean any operation or set of operations which is

performed upon personal data, whether or not by automatic means, such as collection,

recording, organisation, storage, adaptation or alteration, sorting, retrieval, consultation,

use, disclosure by supply, dissemination or otherwise making available, alignment,

combination, blocking, erasure or destruction of data. Processing within the meaning of

this Convention shall also include communicating whether or not a hit exists.

"automated search procedure" shall mean direct access to the automated files of another

body where the response to the search procedure is fully automated.

"referencing" shall mean the marking of stored personal data without the aim of limiting

their processing in future.

"blocking" shall mean the marking of stored personal data with the aim of limiting their

processing in future.

The following provisions shall apply to data which are or have been supplied pursuant to this

Convention, save as otherwise provided in the preceding chapters.

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Article 34

Level of data protection

As regards the processing of personal data, which are or have been supplied pursuant to this

Convention, each Contracting Party shall guarantee a level of protection of personal data in

its national law at least equal to that resulting from the Council of Europe Convention for

the Protection of Individuals with regard to Automatic Processing of Personal Data of

28 January 1981 and its Additional Protocol of 8 November 2001 and in doing so, shall take

account of Recommendation No R (87) 15 of 17 September 1987 of the Committee of

Ministers of the Council of Europe to the Member States regulating the use of personal data

in the police sector, also where data are not processed automatically.

The supply of personal data provided for under this Convention may not take place until

the provisions of this chapter have entered into force in the national law of the territories

of the Contracting Parties involved in such supply. The Committee of Ministers shall

decide in accordance with Article 43 whether the conditions have been met.

Article 35

Purpose

Processing of the personal data by the receiving Contracting Party shall be permitted solely

for the purposes for which they have been supplied in accordance with this Convention;

processing for other purposes shall be permitted solely with the prior authorisation of the

Contracting Party administering the file and subject only to the national law of the receiving

Contracting Party. Such authorisation may be granted provided that processing for such

other purposes is permitted under the national law of the Contracting Party administering

the file.

Processing of data supplied pursuant to Articles 3, 4 and 9 by the searching or comparing

Contracting Party shall be permitted solely in order to:

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establish whether the compared DNA profiles or fingerprinting data match;

prepare and submit a police or judicial request for legal assistance in compliance with

national law if those data match;

record within the meaning of Article 39.

The Contracting Party administering the file may process the data supplied to it in accordance with

Articles 3, 4 and 9 solely where this is necessary for the purposes of comparison, providing

automated replies to searches or recording pursuant to Article 39. The supplied data shall be

deleted immediately following data comparison or automated replies to searches unless further

processing is necessary for the purposes mentioned under points 2 and 3 of paragraph 2 above.

Data supplied in accordance with Article 12 may be used by the Contracting Party

administering the file solely where this is necessary for the purpose of providing automated

replies to search procedures or recording as specified in Article 39. The supplied data shall

be deleted immediately following automated replies to searches unless further processing is

necessary for recording pursuant to Article 39. When replying, the searching Contracting

Party may solely use received data for the procedure for which the search procedure was

made.

Article 36

Competent authorities

Personal data supplied may be processed only by the authorities, bodies and courts with

responsibility for a task in furtherance of the aims mentioned in Article 35. In particular, data may

be supplied to other entities only with the prior authorisation of the supplying Contracting Party and

in compliance with the law of the receiving Contracting Party.

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Article 37

Accuracy, current relevance and storage time of data

The Contracting Parties must ensure the accuracy and current relevance of personal data.

Should it emerge from a notification by the data subject or otherwise that incorrect data or

data which should not have been supplied have been supplied, this must be notified without

delay to the receiving Contracting Party or Parties. The Contracting Party or Parties

concerned shall be obliged to correct or delete the data. Moreover, supplied personal data

must be corrected if they are found to be incorrect. If the receiving entity has reason to

believe that the supplied data are incorrect or should be deleted the supplying authority must

be informed forthwith.

Data, the accuracy of which the data subject contests and the accuracy or inaccuracy of

which cannot be established must be marked with a flag at the request of the data subject in

accordance with the national law of the Contracting Parties. If a flag exists, this may be

removed subject to the national law of the Contracting Parties and only with the permission

of the data subject or based on a decision of the competent court or the independent data

protection authority.

Personal data supplied which should not have been supplied or received must be deleted.

Data which is lawfully supplied and received must be deleted:

if they are not or no longer necessary for the purpose for which they were supplied; if

personal data have been supplied and were not requested, the receiving body must

immediately check if they are necessary for the purposes of the supply.

following the expiry of the maximum period for keeping data laid down in the national

law of the supplying Contracting Party where the supplying body informed the

receiving body of those maximum periods at the time of supplying the data.

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Where there is reason to believe that deletion would prejudice the interests of the data subject, the

data shall be blocked instead of deleted in compliance with national law. Blocked data may be

supplied or used solely for the purpose for which the data was not deleted.

Article 38

Technical and organisational measures to protect personal data

and data security

The supplying and receiving bodies shall take steps to ensure that personal data is

effectively protected against accidental or unauthorised destruction, accidental loss,

unauthorised access, unauthorised or accidental alteration and unauthorised disclosure.

The specific features of the technical specification of the automated search procedure is

regulated in an implementation agreement within the meaning of Article 44 which

guarantees that:

state-of-the-art technical measures are taken to ensure data protection and data security,

in particular data confidentiality and integrity;

encryption and authorisation procedures recognised by the competent authorities are

used when having recourse to generally accessible networks and;

the admissibility of searches in accordance with Article 39(2)(4) and (5) can be

checked.

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Article 39

Logging and recording; special rules governing automated and

non-automated supply

Each Contracting Party shall guarantee that every non-automated supply and every

non-automated receipt of personal data by the body administering the file and the searching

body is logged in order to verify the admissibility of the supply. Logging shall contain the

following information:

the reason for the supply;

the data supplied;

the date of the supply; and

the name or reference of the searching body and the body administering the file.

The following shall apply to automated searches for data based on Articles 3, 9 and 12 or

automated comparison pursuant to Article 4:

Only specially authorised officers of the national contact bureaux may carry out

automated searches or comparisons. The list of officers, authorised to carry out

automated searches or comparisons, shall be made available upon request to the

supervisory authorities referred to in paragraph 5 below and to the other Contracting

Parties.

Each Contracting Party shall ensure that each supply and receipt of personal data by the

body administering the file and the searching body is recorded, including

communication of whether or not a hit exists. Recording shall include the following

information:

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(a)

(b)

(c)

the data supplied;

the date and exact time of the supply and;

the name or reference of the searching body and the body administering the

file.

The searching body shall also record the reason for the search or supply as well as the identifying

mark of the official who carried out the search and the official who ordered the search or supply.

The recording body shall immediately communicate the recorded data upon request to the

competent data protection bodies of the relevant Contracting Party at the latest within four

weeks following receipt of the request. Recorded data may be used solely for the following

purposes:

monitoring data protection;

ensuring data security.

The recorded data must be protected with suitable measures against inappropriate use and

other forms of improper use and must be kept for two years. After the conservation period the

recorded data must be deleted immediately.

Responsibility for legal checks on the supply or receipt of personal data lies with the

independent data protection authorities of the respective Contracting Parties. Anyone can

request these bodies to check the lawfulness of the processing of data in respect of their

person in compliance with national law. Independently of such requests, these bodies and the

bodies responsible for recording must carry out random checks on the lawfulness of supply,

based on the files involved. The results of such checks must be kept for inspection

for 18 months by the independent data protection authorities. After this period, they must be

immediately deleted. Each data protection body may be requested by the independent data

protection authority of another Contracting Party to exercise its powers in accordance with

national law.

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The independent data protection authorities of the Contracting Parties shall perform the

inspection tasks necessary for mutual cooperation, in particular by exchanging targeted

information.

Article 40

Rights of the data subjects and damages

At the request of the competent body under national law, information shall be supplied in

compliance with national law to the data subject upon production of proof of his identity,

without unreasonable expense, in general comprehensible terms and without unacceptable

delays, on the data processed in respect of his person and its origin, the recipient or groups of

recipients, the intended purpose of the processing and the legal basis for the processing.

Moreover, the data subject shall be entitled to have inaccurate data corrected and unlawfully

processed data deleted. The Contracting Parties shall also ensure that, in the event of

violation of his rights in relation to data protection, the data subject shall be able to lodge a

complaint to an independent court or a tribunal within the meaning of Article 6(1) of the

European Convention on Human Rights or an independent supervisory authority within the

meaning of Article 28 of Directive 95/46/EC of the Council of the European Union of 24

October 1995 on the protection of individuals with regard to the processing of personal data

and on the free movement of such data and that he is given the possibility to claim for

damages or to seek another form of legal compensation. The detailed rules for the procedure

to assert these rights and the reasons for limiting the right of access shall be governed by the

relevant national legal provisions of the state where the data subject asserts his rights.

Where a body of one Contracting Party supplied personal data under this Convention, the

receiving body of another Contracting Party, in the framework of its liability under national

law vis-à-vis the injured party, cannot claim that the supplied data were inaccurate. If

damages are awarded against the receiving body because of its use of inaccurate supplied

data, the Contracting Party which supplied the data shall refund in full to the receiving body

the amount paid in damages.

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Article 41

Information requested by the Contracting Parties

The receiving Contracting Party shall inform the supplying Contracting Party of the processing of

supplied data and the result obtained.

Chapter 8

Implementing and final provisions

Article 42

Declarations

Upon depositing the act of ratification, acceptance, approval or accession, each Contracting

Party shall designate the authorities responsible for applying this Convention by submitting a

declaration to the country acting as depositary.

It shall indicate:

the national contact points, mentioned in Article 6(1) for DNA analysis;

the national contact points, mentioned in Article 11(1) for fingerprinting data;

the national contact points, mentioned in Article 12(2) for vehicle registration data;

the national contact points, mentioned in Article 15 for the exchange of information in

connection with major events;

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the national contact points, mentioned in Article 16(3) for information on the prevention

of terrorist offences;

the national contact and coordination points, mentioned in Article 19 for air marshals;

the national contact and coordination points, mentioned in Article 22 for document

advisers;

the national contact points, mentioned in Article 23(3) to prepare and implement

repatriation measures;

competent authorities and officers within the meaning of Articles 24 up to and

including 27.

The declarations submitted may be amended at any time, in full or in part, in accordance with

the procedure referred to in paragraph 1.

Article 43

Committee of Ministers

The Contracting Parties shall set up a Committee made up of ministers from the Contracting

Parties. The Committee of Ministers shall take the necessary decisions on the implementation

and application of this Convention. Decisions of the Committee of Ministers shall be taken

by all Contracting Parties on the basis of unanimity.

To assist the Committee of Ministers, a joint working group made up of representatives of the

Contracting Parties shall check the implementation and the interpretation of this Convention

and shall decide on the need to supplement or further develop it. The joint working group

shall meet at the request of a Contracting Party.

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Article 44

Implementing agreements

On the basis and within the scope of this Convention, the Contracting Parties' competent authorities

may conclude agreements for its administrative implementation.

Article 45

Territorial coverage

The provisions of this Convention shall apply to the territory of the Contracting Parties. As regards

the Kingdom of the Netherlands, this Convention shall apply only to the European territory of the

Kingdom of the Netherlands. As regards the French Republic, this Convention shall apply only to

the European territory of the French Republic.

Article 46

Costs

Each Contracting Party shall bear the costs incurred by its authorities in implementing this

Convention. In special cases, the Contracting Parties concerned may agree on different

arrangements.

Article 47

Relationship with other bilateral or multilateral agreements

The provisions of this Convention shall apply only in so far as they are compatible with

European Union law. Should the European Union in future introduce arrangements affecting

the scope of this Convention, European Union law shall take precedence in applying the

relevant provisions of this Convention. The Contracting Parties may amend or replace the

provisions of this Convention in view of those new arrangements resulting from European

Union law.

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This Convention shall not affect rights and obligations under any existing bilateral or

multilateral agreements between the Contracting Parties. It shall be open to the Contracting

Parties to apply any existing bilateral or multilateral agreements in relations between them. In

the event of a conflict with rights or obligations under such agreements, the provisions of this

Convention shall apply.

Article 48

Ratification, acceptance or approval

This Convention shall be subject to ratification, acceptance or approval. The instruments of

ratification, acceptance or approval shall be deposited with the depositary. At the time of

depositing instruments of ratification, acceptance or approval, a declaration may be made

concerning territorial coverage.

Article 49

Depositary

The Government of the Federal Republic of Germany shall act as depositary for this

Convention.

The depositary shall notify the other Contracting Parties, without delay, of ratifications,

acceptances, approvals, accessions, reservations and denunciations, as well as any other

declarations in connection with this Convention.

The depositary shall have this Convention registered with the United Nations Secretariat, in

accordance with Article 102 of the United Nations Charter.

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Article 50

Entry into force

Ninety days after the deposit of the second instrument of ratification, acceptance or approval,

this Convention shall enter into force between those Contracting Parties which have ratified it.

For the other Contracting Parties, this Convention shall enter into force ninety days after the

deposit of their instruments of ratification.

The depositary shall notify all Contracting Parties of the date of entry into force.

Article 51

Accession

This Convention shall be open for accession by any Member State of the European Union.

Upon accession, acceding States shall also become bound by all implementing agreements up

to then concluded under Article 44 and by any other agreements in connection with this

Convention.

Instruments of accession shall be deposited with the depositary. In the event of accession, at

the time of depositing instruments of accession, a declaration may be made concerning

territorial coverage.

This Convention shall enter into force for any acceding State ninety days after the deposit of

its instrument of accession, but not before the date of entry into force of this Convention in

accordance with Article 50.

Article 52

Denunciation

This Convention is concluded for an indefinite period.

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This Convention may be denounced by any Contracting Party, at any time, through diplomatic

channels, by making a declaration in writing to the depositary. Denunciation shall take effect

six months after the deposit of a declaration in writing.

Done at Prüm, this twenty-seventh day of May in the year two thousand and five, in a single

original in the German, Spanish, French and Dutch languages, all four texts being equally authentic.

The original shall be deposited in the archives of the depositary, which shall send a certified copy of

it to each signatory and acceding State.

For the Kingdom of Belgium

For the Federal Republic of Germany

For the Kingdom of Spain

For the French Republic

For the Grand Duchy of Luxembourg

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For the Kingdom of the Netherlands

For the Republic of Austria

_______________

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ANNEX 1

Convention

on the

stepping up of cross border cooperation,

particularly in combating terrorism, cross-border crime and illegal migration

Information to be contained in the notice in writing, under Article 17(5):

(1)

(2)

(3)

(4)

period of deployment, showing the planned length of stay;

flight details (including flight numbers and times);

number of members of the air marshal team;

full names (surnames and first names) of all members, with the name of the team leader

indicated;

(5)

(6)

(7)

(8)

passport numbers;

make, type and serial number of arms;

amount and type of ammunition;

equipment carried by the team for the purposes of its duties.

_________________

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ANNEX 2

Convention

on the

stepping up of cross-border cooperation,

particularly in combating terrorism, cross-border crime and illegal migration

Arms, ammunition and equipment usable under the first and second sentences of Article 28(2):

(1)

Kingdom of Belgium:

−

(2)

authorised firearms and authorised ammunition;

authorised pepper sprays and authorised equipment for deployment;

authorised tear gas and authorised equipment for its deployment;

Federal Republic of Germany:

−

authorised firearms and authorised ammunition;

(3)

Kingdom of Spain:

−

authorised firearms;

authorised weapons for the user's protection, in accordance with the operating rules of

the police unit taking part in a joint operation, such as truncheons (or rubber

truncheons), sprays, tear gas and other authorised equipment for deployment;

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(4)

for the French Republic:

−

duty weapons and individual means of constraint, as authorised under national law;

(5)

for the Grand Duchy of Luxembourg:

−

authorised firearms and authorised ammunition;

authorised pepper sprays and authorised equipment for deployment;

authorised tear gas and authorised equipment for deployment;

(6)

for the Kingdom of the Netherlands:

−

authorised firearms and authorised ammunition;

authorised pepper sprays and authorised equipment for deployment;

authorised tear gas and authorised equipment for deployment;

(7)

for the Republic of Austria:

−

authorised firearms and authorised ammunition;

authorised pepper sprays and authorised equipment for deployment;

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Joint declaration

concerning cooperation between the Kingdom of Belgium, the Federal Republic of Germany,

the Kingdom of Spain, the French Republic, the Grand Duchy of Luxembourg,

the Kingdom of the Netherlands and the Republic of Austria

under the Convention of 27 May 2005

on the stepping up of cross-border cooperation,

particularly in combating terrorism, cross-border crime and illegal migration

(1)

All Contracting Parties jointly declare:

with reference to Article 17(1) of the Convention, that the wording of this provision does not

affect the position as regards the powers of the State of operation or of registration in

connection with deployment of flight marshals;

(2)

with reference to the second sentence of Article 34(2), that:

(a)

the conditions for the supply of personal data under Chapter 7 of the Convention, in so

far as they do not relate to automated searching or comparison of data, are basically

already fulfilled at the time of signing;

(b)

the Contracting Parties will as soon as possible meet the unfulfilled conditions under

Chapter 7, in particular for automated searching or comparison.

II.

(1)

The Kingdom of Belgium declares:

with reference to the Convention, that any information supplied by Belgium under it may not

be used in evidence without the consent of the relevant Belgian judicial authorities;

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(2)

with reference to Article 18, that:

(a)

express consent from a representative of the Belgian aviation authorities will always be

required before air marshals can disembark, carrying arms and/or ammunition, from an

aircraft, under Article 18(2)(1);

(b)

upon disembarkation from the aircraft, such arms and/or ammunition are to be handed

over to a representative of the Belgian aviation authorities, who will take them in a

closed container to a place of safekeeping;

(c)

the carrying of arms and/or ammunition by air marshals outside an aircraft is prohibited;

(3)

with reference to Article 27(3), that the application of this provision does not affect the

powers of the judicial authorities.

III.

The Kingdom of Spain declares, with reference to the first sentence in Article 45, that in its

view the "Agreed arrangements relating to Gibraltar authorities in the context of EU and

EC instruments and related treaties" of 19 April 2000 are applicable to the Convention, as

stipulated in paragraph 5 of those arrangements.

IV.

The French Republic declares, with reference to Article 9, that access to the national

fingerprint identification system (FAED), as referred to in Article 9, is allowed, under current

national law, in order to assist the competent authorities in tracing and identifying offenders in

connection with crimes or other offences and preparations for them and in prosecuting

punishable offences.

The Kingdom of the Netherlands declares, with reference to Articles 3 and 4, that the

Netherlands assumes that the procedure followed for these two articles will be the same, in

that Contracting Parties will have access to reference data from the Netherlands' DNA

analysis files, as referred to in Article 2(2) of the Convention, with the power to conduct

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automated searches by comparing their DNA profiles with the DNA profiles in the

Netherlands' DNA analysis files, regardless of whether or not this involves comparison in an

individual case.

VI.

The Republic of Austria declares, with reference to Article 40(1), that judicial protection by

the Austrian Data Protection Commission, satisfying both the requirements of Article 6(1) of

the European Convention on Human Rights and the requirements for an independent

supervisory authority under Article 28 of Directive 95/46/EC, meets the requirements of this

provision.

VII. The Federal Republic of Germany and the Republic of Austria declare, with reference to the

second sentence in Article 46, that, in relations between them, costs incurred in providing

legal assistance of the kind referred to in Article 7 will be reimbursed by the requested

Contracting Party.

Prüm, this twenty-seventh day of May in the year two thousand and five

This joint declaration is being signed in a single copy in the German, Spanish, French and Dutch

languages and deposited, with the Convention, in the archives of the Ministry of Foreign Affairs of

the Federal Republic of Germany, which will send a certified copy of it to each signatory and

acceding State.

For the Kingdom of Belgium

For the Federal Republic of Germany

For the Kingdom of Spain

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For the French Republic

For the Grand Duchy of Luxembourg

For the Kingdom of the Netherlands

For the Republic of Austria

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