Prüm Convention
Encyclopedia
The Prüm Convention is a treaty which was signed on 27 May 2005 by Germany
, Spain
, France
, Luxembourg
, Netherlands
, Austria
, and Belgium
in the town of Prüm
in Germany
. The treaty was based on an initiative by the then German Minister Otto Schily
from mid-2003.
Core elements of Prüm were picked up by Council Decision 2008/615/JHA on 23 June 2008. The Prüm convention was joined later by Finland, Slovenia, Hungary, Norway, Estonia and Romania.
, fingerprint
and Vehicle Registration
Data of concerned persons and to cooperate against terrorism
. It also contains provisions for the deployment of armed sky marshal
s 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.
(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:
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
.
Part 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 2008 Council Decisions, 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 registration (direct access via Eucaris system) data. The data exchange provisions are to be implemented until 2012. The rest of the provisions of the Convention falling under the former third pillar are not yet adopted into the EU law.
The following countries have applied to accede:
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
, Spain
Spain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
, France
France
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
, Luxembourg
Luxembourg
Luxembourg , officially the Grand Duchy of Luxembourg , is a landlocked country in western Europe, bordered by Belgium, France, and Germany. It has two principal regions: the Oesling in the North as part of the Ardennes massif, and the Gutland in the south...
, Netherlands
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
, Austria
Austria
Austria , officially the Republic of Austria , is a landlocked country of roughly 8.4 million people in Central Europe. It is bordered by the Czech Republic and Germany to the north, Slovakia and Hungary to the east, Slovenia and Italy to the south, and Switzerland and Liechtenstein to the...
, and Belgium
Belgium
Belgium , officially the Kingdom of Belgium, is a federal state in Western Europe. It is a founding member of the European Union and hosts the EU's headquarters, and those of several other major international organisations such as NATO.Belgium is also a member of, or affiliated to, many...
in the town of Prüm
Prüm
Prüm is a town in the Westeifel , Germany. Formerly a district capital, today it is the administrative seat of the Verbandsgemeinde Prüm.-Geography:...
in Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
. The treaty was based on an initiative by the then German Minister Otto Schily
Otto Schily
Otto Georg Schily was Federal Minister of the Interior of Germany from 1998 to 2005, in the cabinet of former German chancellor Gerhard Schröder. He is a member of the Social Democratic Party of Germany .-Biography:...
from mid-2003.
Core elements of Prüm were picked up by Council Decision 2008/615/JHA on 23 June 2008. The Prüm convention was joined later by Finland, Slovenia, Hungary, Norway, Estonia and Romania.
Contents of the Convention
The Convention was adopted so as to enable the signatories to exchange data regarding DNADNA
Deoxyribonucleic acid is a nucleic acid that contains the genetic instructions used in the development and functioning of all known living organisms . The DNA segments that carry this genetic information are called genes, but other DNA sequences have structural purposes, or are involved in...
, fingerprint
Fingerprint
A fingerprint in its narrow sense is an impression left by the friction ridges of a human finger. In a wider use of the term, fingerprints are the traces of an impression from the friction ridges of any part of a human hand. A print from the foot can also leave an impression of friction ridges...
and Vehicle Registration
Vehicle registration
Vehicle registration is the compulsory registration of a vehicle with a government authority. Vehicle registration's purpose is to establish clear ownership and to tax motorists or vehicle owners....
Data of concerned persons and to cooperate against terrorism
Terrorism
Terrorism is the systematic use of terror, especially as a means of coercion. In the international community, however, terrorism has no universally agreed, legally binding, criminal law definition...
. It also contains provisions for the deployment of armed sky marshal
Sky marshal
A sky marshal is an undercover law enforcement or counter terrorist agent on board a commercial aircraft to counter aircraft hijackings...
s 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
Hot pursuit
In law enforcement and international law, hot pursuit can refer to:*An immediate pursuit by the police such as a car chase.*In international treaty law, laws of federal states, or other legal rules governing cross-border police operations when law enforcement officers and agents of one...
), 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 frameworkInstitutions of the European Union
The European Union is governed by seven institutions. Article 13 of Treaty on European Union lists them in the following order: the European Parliament, the European Council, the Council of the European Union, the European Commission, the Court of Justice of the European Union, the European...
(and its mechanism of Enhanced co-operation
Enhanced co-operation
In the European Union , enhanced cooperation is a procedure where a minimum of nine EU member states are allowed to establish advanced integration or cooperation in an area within EU structures but without the other members being involved...
), but asserts that it is open for accession by any Member state of the European Union
Member State of the European Union
A member state of the European Union is a state that is party to treaties of the European Union and has thereby undertaken the privileges and obligations that EU membership entails. Unlike membership of an international organisation, being an EU member state places a country under binding laws in...
and that:
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
Council of the European Union
The Council of the European Union is the institution in the legislature of the European Union representing the executives of member states, the other legislative body being the European Parliament. The Council is composed of twenty-seven national ministers...
.
Part of the Convention provisions, falling under the former third pillar of the EU
Police and Judicial Co-operation in Criminal Matters
The third of the three pillars of the European Union was Justice and Home Affairs , which was shrunk and renamed Police and Judicial Co-operation in Criminal Matters in 2003. The pillar existed between 1993 and 2009, when it was absorbed into a consolidated EU structure.The pillar focused on...
, were later subsumed into the police and judicial cooperation provisions of European Union law
European Union law
European Union law is a body of treaties and legislation, such as Regulations and Directives, which have direct effect or indirect effect on the laws of European Union member states. The three sources of European Union law are primary law, secondary law and supplementary law...
by 2008 Council Decisions, 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 registration (direct access via Eucaris system) data. The data exchange provisions are to be implemented until 2012. The rest of the provisions of the Convention falling under the former third pillar are not yet adopted into the EU law.
Parties to the convention
The Convention is applied between:- AustriaAustriaAustria , officially the Republic of Austria , is a landlocked country of roughly 8.4 million people in Central Europe. It is bordered by the Czech Republic and Germany to the north, Slovakia and Hungary to the east, Slovenia and Italy to the south, and Switzerland and Liechtenstein to the...
(since 1 November 2006) - SpainSpainSpain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
(since 1 November 2006) - GermanyGermanyGermany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
(since 23 November 2006) - BelgiumBelgiumBelgium , officially the Kingdom of Belgium, is a federal state in Western Europe. It is a founding member of the European Union and hosts the EU's headquarters, and those of several other major international organisations such as NATO.Belgium is also a member of, or affiliated to, many...
(since 6 May 2007) - LuxembourgLuxembourgLuxembourg , officially the Grand Duchy of Luxembourg , is a landlocked country in western Europe, bordered by Belgium, France, and Germany. It has two principal regions: the Oesling in the North as part of the Ardennes massif, and the Gutland in the south...
(since 9 May 2007) - FranceFranceThe French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
(since 31 December 2007) - FinlandFinlandFinland , officially the Republic of Finland, is a Nordic country situated in the Fennoscandian region of Northern Europe. It is bordered by Sweden in the west, Norway in the north and Russia in the east, while Estonia lies to its south across the Gulf of Finland.Around 5.4 million people reside...
(since 17 June 2007) - SloveniaSloveniaSlovenia , officially the Republic of Slovenia , is a country in Central and Southeastern Europe touching the Alps and bordering the Mediterranean. Slovenia borders Italy to the west, Croatia to the south and east, Hungary to the northeast, and Austria to the north, and also has a small portion of...
(since 2 July 2007) - HungaryHungaryHungary , officially the Republic of Hungary , is a landlocked country in Central Europe. It is situated in the Carpathian Basin and is bordered by Slovakia to the north, Ukraine and Romania to the east, Serbia and Croatia to the south, Slovenia to the southwest and Austria to the west. The...
(since 14 January 2008) - NetherlandsNetherlandsThe Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
(since 20 May 2008) - EstoniaEstoniaEstonia , officially the Republic of Estonia , is a state in the Baltic region of Northern Europe. It is bordered to the north by the Gulf of Finland, to the west by the Baltic Sea, to the south by Latvia , and to the east by Lake Peipsi and the Russian Federation . Across the Baltic Sea lies...
(since 22 December 2008) - RomaniaRomaniaRomania is a country located at the crossroads of Central and Southeastern Europe, on the Lower Danube, within and outside the Carpathian arch, bordering on the Black Sea...
(since 3 March 2009) - ItalyItalyItaly , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...
(since 30 June 2009)
The following countries have applied to accede:
- PortugalPortugalPortugal , officially the Portuguese Republic is a country situated in southwestern Europe on the Iberian Peninsula. Portugal is the westernmost country of Europe, and is bordered by the Atlantic Ocean to the West and South and by Spain to the North and East. The Atlantic archipelagos of the...
(2006) - GreeceGreeceGreece , officially the Hellenic Republic , and historically Hellas or the Republic of Greece in English, is a country in southeastern Europe....
(2007) - SwedenSwedenSweden , officially the Kingdom of Sweden , is a Nordic country on the Scandinavian Peninsula in Northern Europe. Sweden borders with Norway and Finland and is connected to Denmark by a bridge-tunnel across the Öresund....
(2007) - BulgariaBulgariaBulgaria , officially the Republic of Bulgaria , is a parliamentary democracy within a unitary constitutional republic in Southeast Europe. The country borders Romania to the north, Serbia and Macedonia to the west, Greece and Turkey to the south, as well as the Black Sea to the east...
(2007) - SlovakiaSlovakiaThe Slovak Republic is a landlocked state in Central Europe. It has a population of over five million and an area of about . Slovakia is bordered by the Czech Republic and Austria to the west, Poland to the north, Ukraine to the east and Hungary to the south...
(2007)
See also
- Schengen AreaSchengen AreaThe Schengen Area comprises the territories of twenty-five European countries that have implemented the Schengen Agreement signed in the town of Schengen, Luxembourg, in 1985...
- Schengen AgreementSchengen AgreementThe Schengen Agreement is a treaty signed on 14 June 1985 near the town of Schengen in Luxembourg, between five of the ten member states of the European Economic Community. It was supplemented by the Convention implementing the Schengen Agreement 5 years later...
- Area of freedom, security and justiceArea of freedom, security and justiceThe area of freedom, security and justice is a collection of European Union policies designed to ensure security, rights and free movement within the EU. As internal borders have been removed within the EU, cross border police cooperation had to increase to counter cross border crime, and thus...
- Enhanced co-operationEnhanced co-operationIn the European Union , enhanced cooperation is a procedure where a minimum of nine EU member states are allowed to establish advanced integration or cooperation in an area within EU structures but without the other members being involved...
External links
- Text of the Prüm Convention
- The Prüm Process: Playing or abusing the system?
- The Prüm Regime: Situated Dis/Empowerment in Transnational DNA Profile Exchange, see: http://bjc.oxfordjournals.org/content/50/6/1117.abstract