Proposal for a Council Decision 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 combatting 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 combatting terrorism and cross-border crime, and the Annex thereto
Date: 2009-12-17
Institutions: European Commission
Subjects: Iceland, Norway, agreement (EU), cross-frontier data flow, data protection, data transmission, exchange of information, fight against crime, police cooperation, signature of an agreement, terrorism

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EUROPEAN COMMISSION 

Brussels, 17.12.2009 
COM(2009) 707 final 

2009/0191 (NLE) 

Proposal for a 

COUNCIL DECISION 

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 combatting 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 
combatting terrorism and cross-border crime, and the Annex thereto 

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EXPLANATORY MEMORANDUM 

•  The  Justice  and  Home  Affairs  Council  of  21  September  2009  authorised  the 
Presidency of the Council of the European Union to  sign an  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 
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.  The 
Agreement  was  signed  by  the  Parties,  Iceland  being  the  last  to  sign  on  30 
November 2009 and some provisions are applied provisionally as from that date.  

the 

•  The  purpose  of  the  Agreement  is  to  enable  Iceland  and  Norway  to  join  the  EU 
Member States in the exchange of DNA, fingerprint and vehicle registration data, 
the exchange of information in connection with major events with a cross-border 
dimension  and  the  supply  of  information  aimed  at  preventing  terrorist  offences. 
Such exchanges take place on the basis of the so-called Prüm Decision (Council 
Decision  2008/615/JHA)  and  the  implementing  Decision  (Council  Decision 
2008/616/JHA). These decisions aim to improve the exchange of certain types of 
information  between  authorities  responsible  for  preventing  and  combating 
criminal offences. 

**** 

•  The European Union supports Iceland and Norway in their efforts to prevent and 
combat  terrorism  and  other  cross-border  crime  while  respecting  fundamental 
rights,  and  notably  the  protection  of  personal  data.  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 
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,  aims  to 
ensure full respect for fundamental rights enshrined in Article 6 of the Treaty on 
European Union and for the principles of proportionality and necessity regarding 
the right to respect for private and family life and the protection of personal data 
as  set  out  in  Articles  7  and  8  of  the  Charter  of  Fundamental  Rights  of  the 
European Union. 

the 

•  Article 218(6)(a) of the Treaty on the Functioning of the European Union  states 
that  in  the  case  of  agreements  covering  fields  to  which  the  ordinary  legislative 
procedure  applies,  the  Council  shall  adopt  a  decision  concluding  the  agreement, 
after obtaining the consent of the European Parliament.  

**** 

•  The  Commission  therefore  recommends  to  the  Council,  after  obtaining  the 
consent  of  the  European  Parliament,  to  adopt  a  decision  concluding  the 
Agreement  between  the  European  Union  and  Iceland  and  Norway  on  the 

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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.  

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2009/0191 (NLE) 

Proposal for a 

COUNCIL DECISION 

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 combatting 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 
combatting terrorism and cross-border crime, and the Annex thereto 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Articles 82(1)(d) and 87(2)(a), in conjunction with Article 218 (6)(a) thereof,  

Having regard to the proposal from the Commission, 

Having regard to the consent of the European Parliament1,  

Whereas: 

(1) 

(2) 

(3) 

(4) 

On 24 October 2008 the Council authorised the Presidency of the Council, assisted by 
the Commission, to open negotiations for an 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.  

In  accordance  with  Council  Decision  2009/XXX/JHA  of  21  September  20092  the 
Agreement was signed on 30 November 2009, subject to its conclusion at a later date. 

In  accordance  with  Article  8  some  provisions  of  the  Agreement  are  applied  on  a 
provisional basis, as from the date of signature. 

The  Agreement  has  not  yet  been  concluded. With  the  entry  into  force  of  the  Lisbon 
Treaty  on  1  December  2009,  the  procedures  to  be  followed  to  that  end  by  the 
European Union are governed by Article 218 of the Treaty on the Functioning of the 
European Union.  

1 
2 

OJ C , , p. . 
Not yet published. 

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(5) 

(6) 

(7) 

The Agreement should be concluded. 

[In accordance with Article 3 of the Protocol on the Position of the United Kingdom 
and  Ireland  in  respect  of  the  area  of  Freedom,  Security  and  Justice  annexed  to  the 
Treaty on European Union and the Treaty on the Functioning of the European Union, 
the United Kingdom and Ireland take part in the adoption of this Decision.] 

In  accordance  with  Articles  1  and  2  of  the  Protocol  on  the  Position  of  Denmark 
annexed  to  the  Treaty  on  European  Union  and  the  Treaty  on  the  Functioning  of  the 
European Union, Denmark is not taking part in the adoption of this Decision and is not 
bound by the Agreement or subject to its application, 

HAS ADOPTED THIS DECISION:  

Article 1 

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 is hereby concluded.  

The text of the Agreement to be concluded is attached to this Decision. 

Article 2 

The President of the Council shall designate the person empowered to proceed, on behalf of 
the European Union, to the deposit of the instrument of approval provided for in Article 8(1) 
of the Agreement, in order to express the consent of the European Union to be bound by the 
Agreement. 

Article 3 

This  Decision  shall  enter  into  force  on  the  day  of  its  adoption.  It  shall  be  published  in  the 
Official Journal of the European Union. 

The date of entry into force of the Agreement shall be published in the Official Journal of the 
European Union. 

Done at Brussels,  

For the Council 
The President 

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