Prüm Convention
{{Short description|Law enforcement treaty in part of Europe}}
{{use dmy dates|date=November 2024}}
{{Infobox treaty
| name = Prüm Convention
| long_name = Convention on the stepping up of cross-border cooperation, particularly in combating terrorism, cross-border crime and illegal migration
| image = File:Prüm Convention.svg
| image_width =
| caption = {{legend|#0088cc|Parties to the Prüm Convention and Prüm Decision participants}} {{legend|#FFFF00|Other Prüm Decision participants}} {{legend|#7CFC00|non-EU member states participating}} {{legend|#FFA500|non-EU member states which have signed an agreement to participate}}
| type = Intergovernmental agreement
| date_drafted =
| date_signed = 27 May 2005
| location_signed = Prüm, Germany
| date_sealed =
| date_effective = 1 November 2006
| condition_effective = 2 ratifications
| date_expiration =
| signatories =
| parties = 14
| ratifiers =
| language =
| languages = German, Spanish, French and Dutch (original)
| depositor = Ministry of Foreign Affairs of the Federal Republic of Germany
| wikisource = Prüm Convention
}}
{{Politics of the European Union|Schengen Area}}
The Prüm Convention (inaccurately[https://publications.parliament.uk/pa/ld200607/ldselect/ldeucom/90/9005.htm Select Committee on European Union Eighteenth Report CHAPTER 2: Background] known as Schengen III Agreement){{Cite journal|title=Europeanization and Democracy: Negotiating the Prüm Treaty and the Schengen III Agreement |author=Christopher Walsch |journal=Croatian Political Science Review |volume=45 |number=5 |date = July 2009|url=http://hrcak.srce.hr/39933?lang=en |access-date=29 August 2010}} 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.[http://www.eu-consent.net/library/deliverables/D38c.pdf The Treaty of Prüm: A Replay of Schengen?] 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.{{CELEX|32008D0615|text=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}}{{CELEX|32008D0616|text=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}}
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
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
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:
{{Quotation|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=
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, 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.{{CELEX|32014Y1201(03)|text=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}}{{cite web|url=http://www.ft.com/intl/cms/s/0/5213f5ae-6a82-11e4-8fca-00144feabdc0.html |title=Police to share DNA database with Europe's forces|date=2014-11-12|access-date=2014-11-20|last=Barker|first=Alex|newspaper=Financial Times}} However, the UK committed to assess their future participation and make a decision by 31 December 2015 on whether to rejoin the Decisions.{{CELEX|32014D0836|text=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}} 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.{{CELEX|32016D0809|text=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}}
= Prüm II =
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.{{CELEX|52021PC0784|text=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}}{{Cite magazine |title=Europe Is Building a Huge International Facial Recognition System |language=en-GB |magazine=Wired UK |url=https://www.wired.co.uk/article/europe-police-facial-recognition-prum |access-date=2022-04-13 |issn=1357-0978}} 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.{{CELEX|32024R0982|text=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)}} 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
The states which have ratified the convention are:
The Dutch Senate ratified the treaty without a vote.{{Cite web|url=http://webwereld.nl/nieuws/66637/vingerafdruk-nederlanders-in-2011-europees-gedeeld.html|title=Vingerafdruk Nederlanders in 2011 Europees gedeeld {{!}} Webwereld|date=2010-07-22|archive-url=https://web.archive.org/web/20100722133507/http://webwereld.nl/nieuws/66637/vingerafdruk-nederlanders-in-2011-europees-gedeeld.html|access-date=2020-03-21|archive-date=2010-07-22}}
In June 2007, Greece, Italy,{{cite web|url=http://www.parlamento.it/parlam/leggi/09085l.htm|title=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|date=2009-06-30|access-date=2018-09-02|publisher=Italian Parliament}} Portugal and Sweden, notified the Council of the European Union of their desire to accede to the Prüm Convention.{{cite web|url=http://www.consilium.europa.eu/ueDocs/cms_Data/docs/pressData/en/jha/94682.pdf|title=2807th Council Meeting: Justice and Home Affairs|publisher=Council of the European Union|date=2007-06-13|access-date=2012-04-14}}
Norway and Iceland signed a treaty with the EU in 2009 to apply certain provisions of the Decisions.{{cite web|url=http://ec.europa.eu/world/agreements/prepareCreateTreatiesWorkspace/treatiesGeneralData.do?step=0&redirect=true&treatyId=8402|title=Summary of Treaty|publisher=European Commission|date=2010-09-13|access-date=2012-04-14}} 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.{{cite web|url=http://www.consilium.europa.eu/en/documents-publications/agreements-conventions/agreement/?aid=2009002|title=Agreement details|publisher=Council of the European Union|access-date=2012-04-14}} 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.{{CELEX|32010D0482|text=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}} 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. Following ratification, the agreement entered into force for Switzerland as of 1 March 2023,{{cite web|url=https://www.consilium.europa.eu/en/documents-publications/treaties-agreements/agreement/?id=2019022&DocLanguage=en|title=Agreement details|publisher=Council of the European Union|access-date=2019-07-19}} and for Liechtenstein as of 1 June 2025.{{cite web|url=https://www.consilium.europa.eu/en/documents-publications/treaties-agreements/agreement/?id=2019021&DocLanguage=en|title=Agreement details|publisher=Council of the European Union|access-date=2019-07-19}}
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
References
{{Reflist}}
External links
- [http://www.auswaertiges-amt.de/sid_77811222FA17F65499919FDDC1A4F516/EN/Aussenpolitik/InternatRecht/Vertraege/PRUEMVertrag/Uebersicht.html?nn=607352 Official depositary page]
- [https://www.auswaertiges-amt.de/blob/248566/d8ad2b24a9f99dd8aa3f7eb02008be43/statusliste-en-data.pdf 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]
- [http://register.consilium.europa.eu/pdf/en/05/st10/st10900.en05.pdf Text of the Prüm Convention]
- [https://web.archive.org/web/20110716180711/http://www.worldsecurityinstitute.org/showarticle.cfm?id=223 The Prüm Process: Playing or abusing the system?]
- [https://academic.oup.com/bjc/article-abstract/50/6/1117/412521 "The Prüm Regime: Situated Dis/Empowerment in Transnational DNA Profile Exchange"]
{{EU treaties and declarations}}
{{DEFAULTSORT:Prum Convention}}
Category:Treaties concluded in 2005
Category:Treaties entered into force in 2006
Category:Treaties of Luxembourg