Regulation (EU) 2024/982 on the automated search and exchange of data for police cooperation, and amending Council Decisions 2008/615/JHA and 2008/616/JHA and Regulations (EU) 2018/1726, (EU) No 2019/817 and (EU) 2019/818 (the Prüm II Regulation)

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Series Details (L) 2024/982
Publication Date 05/04/2024
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Summary:

Regulation (EU) 2024/982 - adopted by the co-legislators on 13 March 2024 - concerning automated data exchange for police cooperation. It amends Council Decision 2008/615/JHA and Council Decision 2008/616/JHA, Regulation (EU) 2018/1726, Regulation (EU) 2019/817 and Regulation (EU) 2019/818. It is also known as the Prüm II Regulation.

Further information:

Cooperation and information sharing are deemed the most powerful means to combat crime and pursue justice, notably in a context of increasing cross-border links between criminals and their networks. Law enforcement authorities ought to be able to exchange data in a timely manner to effectively fight crime. However, in an area without internal border controls, there are still obstacles when it comes to data exchange in the European Union (EU), which lead to blind spots and loopholes or numerous criminals and terrorists that act in more than one Member State.

The original Prüm Framework - comprising Council Decision 2008/615/JHA and Council Decision 2008/616/JHA - has enabled law enforcement authorities across the EU to exchange information, supporting cross-border police and judicial cooperation related to criminal matters, and providing for the automated exchange of specific data.

This Regulation establishes an updated framework for searching and exchanging information between Member States' competent authorities. It lays down the conditions and procedures for the automated searching of DNA profiles, dactyloscopic data, certain vehicle registration data, facial images and police records; and the rules regarding the exchange of core data following a confirmed match on biometric data.

The draft law was adopted by the European Commission on 8 December 2021 as part of a package establishing an EU Police Cooperation Code. It followed up on conclusions adopted by the Council of the European Union, which underlined the importance of automated searching and comparison of DNA profiles dactyloscopic data and vehicle registration data for tackling terrorism and cross-border crime. The Council had also invited the Commission to consider revising the Prüm Decisions with a view to broadening their scope and to updating the necessary technical and legal requirements.

It built on the original framework, seeking to reinforce and modernise it, and to allow interoperability with other EU information systems. It also addressed concerns highlighted in the latest EU Strategy to Tackle Organised Crime and in the Strategy towards a fully functioning and resilient Schengen area, both published earlier in the year.

The Council of the European Union adopted its general approach to the proposed Regulation on 10 June 2022. The European Parliament's relevant committee adopted a negotiating position on 23 May 2023. An informal agreement between the co-legislators on a compromise text for this file on 20 November. This was formally endorsed by the Parliament on 8 February 2024 and by the Council on 26 February. The Act was signed by the co-legislators on 13 March 2024 and published in the Official Journal on 5 April 2024.

Source Link http://data.europa.eu/eli/reg/2024/982/oj
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Commentary and Analysis
eucrim: News, 05/10/2022: Civil Rights Organisations Criticise Prüm II Proposal https://eucrim.eu/news/civil-rights-organisations-criticise-prum-ii-proposal/
European Digital Rights (EDRi): Resources, 07/09/2022: New EU law amplifies risks of state over-reach and mass surveillance https://edri.org/our-work/new-eu-law-amplifies-risks-of-state-over-reach-and-mass-surveillance/
Politico, 02/06/2023: Europe fixed its poor intelligence sharing. Now it’s a privacy risk https://www.politico.eu/article/europe-fixed-its-intelligence-sharing-now-its-a-privacy-risk-terrorism/
European Parliamentary Research Service (EPRS): At a Glance, 31/01/2024: Automated data exchange for police cooperation https://www.europarl.europa.eu/thinktank/en/document/EPRS_ATA(2024)757624
European Digital Rights (EDRi): Resources, 06/02/2024: Automated data exchange in Prüm II: The EU’s securitisation mindset keeps encroaching on our fundamental rights https://edri.org/our-work/automated-data-exchange-in-prum-ii-eu-securitisation-mindset-encroaching-on-fundamental-rights/

News
Delano, 09/12/2021: EU moves towards joint police standards https://delano.lu/article/eu-moves-towards-joint-police-
EurActiv, 08/02/2024: EU Parliament supports automated data exchange for police cooperation, despite concerns https://www.euractiv.com/section/digital/news/eu-parliament-supports-automated-data-exchange-for-police-cooperation-despite-concerns/

Official
EUR-LEX: COM(2021)784: Proposal for a Regulation on automated data exchange for police cooperation (“Prüm II”), amending Council Decisions 2008/615/JHA and 2008/616/JHA and Regulations (EU) 2018/1726, 2019/817 and 2019/818 https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=COM:2021:784:FIN
EUR-LEX: SWD(2021)378: Staff Working Document accompanying the Proposal - Impact Assessment Report https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=SWD:2021:378:FIN
EUR-LEX: SWD(2021)379: Staff Working Document accompanying the Proposal - Executive Summary of the Impact Assessment Report https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=SWD:2021:379:FIN
European Parliament: Legislative Observatory: Procedure File for Proposal on Automated data exchange for police cooperation (“Prüm II”) (2021/0410(COD)) https://oeil.secure.europarl.europa.eu/oeil//popups/ficheprocedure.do?reference=2021/0410(COD)
European Parliament: Legislative Train Schedule: Regulation on automated data exchange for police cooperation (Prüm II) https://www.europarl.europa.eu/legislative-train/theme-promoting-our-european-way-of-life/file-pr%C3%BCm-ii
European Commission: DG Migration and Home Affairs: Policies: Information exchange https://home-affairs.ec.europa.eu/policies/law-enforcement-cooperation/information-exchange_en
European Commission: Press Release, 08/12/2021: Police Cooperation Code: Boosting police cooperation across borders for enhanced security https://ec.europa.eu/commission/presscorner/detail/en/ip_21_6645
European Commission: Police Cooperation Code: Questions and Answers (8 December 2021) https://ec.europa.eu/commission/presscorner/detail/en/qanda_21_6646
Council of the European Union: Press Release, 10/06/2022: Council adopts two general approaches and a recommendation to improve operational police cooperation and information exchange https://www.consilium.europa.eu/en/press/press-releases/2022/06/10/council-adopts-recommendation-two-negotiating-mandates-improve-operational-police-cooperation-information-exchange/
UK Government: Policy Papers, 02/02/2023: Summary of proposed EU legislation on the framework through which EU member states exchange policing information https://www.gov.uk/government/publications/eu-on-data-exchange-for-police-cooperation-com2021784
European Commission: Press Release, 20/11/2023: The Commission welcomes the political agreement on automated data exchange for police cooperation https://ec.europa.eu/commission/presscorner/detail/en/ip_23_5870
Council of the European Union: Press Release, 20/11/2023: Council and EU Parliament reach deal to advance police cooperation in Europe https://www.consilium.europa.eu/en/press/press-releases/2023/11/20/council-and-eu-parliament-reach-deal-to-advance-police-cooperation-in-europe/
European Commission: Commissioner Johansson's speech at the Plenary on Automated Data Exchange for Police Cooperation (“Prüm II”) (7 February 2024) https://ec.europa.eu/commission/presscorner/detail/en/speech_24_689
Council of the European Union: Press Release, 26/02/2024: Police cooperation: Council gives green light to better data exchanges between police authorities https://www.consilium.europa.eu/en/press/press-releases/2024/02/26/police-cooperation-council-gives-green-light-to-better-data-exchanges-between-police-authorities/
UK Government: Policy Papers, 20/03/2024: EM about exchange of data for police cooperation (PE-CONS 75/23) https://www.gov.uk/government/publications/em-about-exchange-of-data-for-police-cooperation-pe-cons-7523

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