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Prüm Convention

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Prüm Convention
Convention on the stepping up of cross-border cooperation, particularly in combating terrorism, cross-border crime and illegal migration
  Parties to the Prüm Convention and Prüm Decision participants
  Other Prüm Decision participants
  non-EU member states participating
  non-EU member states which have signed an agreement to participate
TypeIntergovernmental agreement
Signed27 May 2005
LocationPrüm, Germany
Effective1 November 2006
Condition2 ratifications
Parties14
DepositaryMinistry of Foreign Affairs of the Federal Republic of Germany
LanguagesGerman, Spanish, French and Dutch (original)
Full text
Prüm Convention at Wikisource
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The Prüm Convention (inaccurately[1] known as Schengen III Agreement)[2] is a law enforcement treaty which was signed on 27 May 2005 by Austria, Belgium, France, Germany, Luxembourg, the Netherlands and Spain in the town of Prüm in Germany, and which is open to all members of the European Union, 14 of which are currently parties.

The treaty was based on an initiative by the then German Minister Otto Schily from mid-2003.[3] Core elements of the convention were picked up by EU Council Decision 2008/615/JHA on 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime.[4][5]

The full name of the treaty is 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.

Contents of the Convention

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The Convention was adopted so as to enable the signatories to exchange data regarding DNA, fingerprints and vehicle registration of concerned persons and to cooperate against terrorism. It also contains provisions for the deployment of armed sky marshals on flights between signatory states, joint police patrols, entry of (armed) police forces into the territory of another state for the prevention of immediate danger (hot pursuit), and cooperation in case of mass events or disasters. Furthermore, a police officer responsible for an operation in a state may, in principle, decide to what degree the police forces of the other states that were taking part in the operation could use their weapons or exercise other powers.

Relation to the European Union

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The Convention was adopted outside of the European Union framework (and its mechanism of enhanced co-operation), but asserts that it is open for accession by any member state of the European Union and that:

provisions of this Convention shall only apply in so far as they are compatible with European Union law ... [EU law] should take precedence in applying the relevant provisions of this Convention

— Convention on the stepping up of cross-border cooperation, particularly in combating terrorism, cross-border crime and illegal migration, Article 47

Additionally the text of the Convention and its annexes were circulated on 7 July 2005 between the delegations to the Council of the European Union.

Prüm Decision

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Some of the Convention provisions, falling under the former third pillar of the EU, were later subsumed into the police and judicial cooperation provisions of European Union law by a 2008 Council Decision,[4][5] commonly referred to as the Prüm Decision. It provides for Law Enforcement Cooperation in criminal matters primarily related to exchange of fingerprint, DNA (both on a hit no-hit basis) and Vehicle owner registration (direct access via the EUCARIS system) data. The data exchange provisions are to be implemented in 2012. The remaining provisions of the Convention falling under the former third pillar are not yet adopted into EU law.

While the Decisions were originally applicable to all EU member states, the United Kingdom subsequently exercised their right to opt out from them effective 1 December 2014.[6][7] However, the UK committed to assess their future participation and make a decision by 31 December 2015 on whether to rejoin the Decisions.[8] On 22 January 2016 the UK notified the EU of its desire to resume participating in the Prum Decisions, which was approved by the Commission on 20 May 2016.[9]

Prüm II

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Announced in Spring 2021, Prüm II aims to expand the amount of information that can be shared, including photos and information from driving licenses which raised concerns in regard to facial recognition in particular in regard to using existing photos such as police mugshots against newly captured images such as those from CCTV camera.[10][11] Prüm II was eventually signed by both the European Parliament and the Council on 14 March 2024 and was subsequently published in the EU Journal on 5 April 2024.[12] Ireland, which has an opt out from participating in the AGSJ policy area, decided to opt in and participate, while Denmark's full opt-out prevented it from participating.

Parties to the convention

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The states which have ratified the convention are:

Contracting party[13][14][15] Date of signature[13] Date of deposit of
instrument of ratification or accession[13]		 Entry into force[13]
Austria 27 May 2005 21 June 2006 1 November 2006
Belgium 27 May 2005 5 February 2007 6 May 2007
Bulgaria - 25 May 2009 23 August 2009
Estonia - 23 September 2008 22 December 2008
Finland - 19 March 2007 17 June 2007
France 27 May 2005 2 October 2007 31 December 2007
Germany 27 May 2005 25 August 2006 23 November 2006
Hungary - 16 October 2007 14 January 2008
Luxembourg 27 May 2005 8 February 2007 9 May 2007
Netherlands 27 May 2005 20 February 2008 20 May 2008
Romania - 3 December 2008 3 March 2009
Slovakia - 27 February 2009 28 May 2009
Slovenia - 10 May 2007 8 August 2007
Spain 27 May 2005 3 August 2006 1 November 2006

The Dutch Senate ratified the treaty without a vote.[16]

In June 2007, Greece, Italy,[17] Portugal and Sweden, notified the Council of the European Union of their desire to accede to the Prüm Convention.[18]

Norway and Iceland signed a treaty with the EU in 2009 to apply certain provisions of the Decisions.[19] Norway ratified the agreement and it entered into force for it as of 1 December 2020, while Iceland has not ratified as of February 2023.[20] Denmark, Ireland and the United Kingdom have opt-outs from participating in the Council Decision approving the agreement with Norway and Iceland. While Ireland and the United Kingdom decided to opt in, the agreement does not apply to Denmark.[21] Switzerland and Liechtenstein signed agreements on their participation in the Prüm regime on 27 June 2019. Ireland and the UK again opted-in to participate in the agreement, but it does not apply to Denmark. Switzerland ratified the agreement and it entered into force for it as of 3 March 2023,[22] while Liechtenstein has not ratified as of February 2023.[23]

On 23 June 2016 the United Kingdom voted to leave the EU. After withdrawal negotiations concluded, the United Kingdom left the EU on 31 January 2020.

See also

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References

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  1. ^ Select Committee on European Union Eighteenth Report CHAPTER 2: Background
  2. ^ Christopher Walsch (July 2009). "Europeanization and Democracy: Negotiating the Prüm Treaty and the Schengen III Agreement". Croatian Political Science Review. 45 (5). Retrieved 29 August 2010.
  3. ^ The Treaty of Prüm: A Replay of Schengen?
  4. ^ a b Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime
  5. ^ a b Council Decision 2008/616/JHA of 23 June 2008 on the implementation of Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime
  6. ^ List of Union acts adopted before the entry into force of the Lisbon Treaty in the field of police cooperation and judicial cooperation in criminal matters which cease to apply to the United Kingdom as from 1 December 2014 pursuant to Article 10(4), second sentence, of Protocol (No 36) on transitional provisions
  7. ^ Barker, Alex (12 November 2014). "Police to share DNA database with Europe's forces". Financial Times. Retrieved 20 November 2014.
  8. ^ 2014/836/EU: Council Decision of 27 November 2014 determining certain consequential and transitional arrangements concerning the cessation of the participation of the United Kingdom of Great Britain and Northern Ireland in certain acts of the Union in the field of police cooperation and judicial cooperation in criminal matters adopted before the entry into force of the Treaty of Lisbon
  9. ^ Commission Decision (EU) 2016/809 of 20 May 2016 on the notification by the United Kingdom of Great Britain and Northern Ireland of its wish to participate in certain acts of the Union in the field of police cooperation adopted before the entry into force of the Treaty of Lisbon and which are not part of the Schengen acquis
  10. ^ Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 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 of the European Parliament and of the Council
  11. ^ "Europe Is Building a Huge International Facial Recognition System". Wired UK. ISSN 1357-0978. Retrieved 13 April 2022.
  12. ^ Regulation (EU) 2024/982 of the European Parliament and of the Council of 13 March 2024 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 of the European Parliament and of the Council (the Prüm II Regulation)
  13. ^ a b c d "Vertrag zwischen dem Königreich Belgien, der Bundesrepublik Deutschland, dem Königreich Spanien, der Französischen Republik, dem Großherzogtum Luxemburg, dem Königreich der Niederlande und der Republik Österreich über die Vertiefung der grenzüberschreitenden Zusammenarbeit, insbesondere zur Bekämpfung des Terrorismus, der grenz-überschreitenden Kriminalität und der illegalen Migration" (in German). German Foreign Office. Retrieved 4 June 2022.
  14. ^ "Treaty 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 concerning the intensification of cross-border cooperation, particularly in the fight against terrorism, cross-border crime and illegal migration". UN Treaty database. 4 September 2009. Retrieved 14 April 2012.
  15. ^ "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". Dutch Ministry of Foreign Affairs. 14 April 2012. Retrieved 14 April 2012.
  16. ^ "Vingerafdruk Nederlanders in 2011 Europees gedeeld | Webwereld". 22 July 2010. Archived from the original on 22 July 2010. Retrieved 21 March 2020.
  17. ^ "Adesione della Repubblica italiana al Trattato concluso il 27 maggio 2005 tra il Regno del Belgio, la Repubblica federale di Germania, il Regno di Spagna, la Repubblica francese, il Granducato di Lussemburgo, il Regno dei Paesi Bassi e la Repubblica d'Austria, relativo all'approfondimento della cooperazione transfrontaliera, in particolare allo scopo di contrastare il terrorismo, la criminalità transfrontaliera e la migrazione illegale (Trattato di Prum). Istituzione della banca dati nazionale del DNA e del laboratorio centrale per la banca dati nazionale del DNA. Delega al Governo per l'istituzione dei ruoli tecnici del Corpo di polizia penitenziaria. Modifiche al codice di procedura penale in materia di accertamenti tecnici idonei ad incidere sulla libertà personale". Italian Parliament. 30 June 2009. Retrieved 2 September 2018.
  18. ^ "2807th Council Meeting: Justice and Home Affairs" (PDF). Council of the European Union. 13 June 2007. Retrieved 14 April 2012.
  19. ^ "Summary of Treaty". European Commission. 13 September 2010. Retrieved 14 April 2012.
  20. ^ "Agreement details". Council of the European Union. Retrieved 14 April 2012.
  21. ^ 2010/482/EU: Council Decision of 26 July 2010 on the conclusion of the Agreement between the European Union and Iceland and Norway on the application of certain provisions of Council Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime and Council Decision 2008/616/JHA on the implementation of Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime, and the Annex thereto
  22. ^ "Agreement details". Council of the European Union. Retrieved 19 July 2019.
  23. ^ "Agreement details". Council of the European Union. Retrieved 19 July 2019.
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