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26.3.2013 Official
Journal
of
the
European
Union L
86/21
COUNCIL DECISION
of 21 March 2013
on the launch of automated data exchange with regard to dactyloscopic data in Malta
(2013/153/EU)
THE COUNCIL OF THE EUROPEAN UNION,
a Member State as soon as it believes it fulfils the
prerequisites for sharing data in the relevant data
Having regard to Council Decision 2008/615/JHA of 23 June
category.
2008 on the stepping up of cross-border cooperation,
particularly in combating terrorism and cross-border crime ( 1 ),
(5) Malta
has
completed
the
questionnaire
on
data
protection
in particular Article 25 thereof,
and the questionnaire on dactyloscopic data exchange.
Having regard to Council Decision 2008/616/JHA of 23 June
(6)
A successful pilot run has been carried out by Malta with
2008 on the implementation of Decision 2008/615/JHA (
Austria and France.

2 ), in
particular Article 20 and Chapter 4 of the Annex thereto,
(7) An
evaluation
visit
has
taken
place
in
Malta
and
a
report
Whereas:
on the evaluation visit has been produced by the
Austrian/French evaluation team and forwarded to the
relevant Council Working Group.
(1) According
to
the
Protocol
on
Transitional
Provisions
annexed to the Treaty on European Union, to the
Treaty on the Functioning of the European Union and
(8) An
overall
evaluation
report,
summarising
the
results
of
the questionnaire, the evaluation visit and the pilot run
to the Treaty establishing the European Atomic Energy
concerning dactyloscopic data exchange has been
Community, the legal effects of the acts of the institu
presented to the Council,
tions, bodies, offices and agencies of the Union adopted

prior to the entry into force of the Treaty of Lisbon are
preserved until those acts are repealed, annulled or
HAS ADOPTED THIS DECISION:
amended in implementation of the Treaties.
Article 1
(2)
Accordingly, Article 25 of Decision 2008/615/JHA is
For the purposes of automated searching of dactyloscopic data,
applicable and the Council must unanimously decide
Malta has fully implemented the general provisions on data
whether the Member States have implemented the
protection of Chapter 6 of Decision 2008/615/JHA and is
provisions of Chapter 6 of that Decision.
entitled to receive and supply personal data pursuant to
Article 9 of that Decision as from the day of the entry into
(3) Article
20
of
Decision
2008/616/JHA
provides
that force of this Decision.
decisions referred to in Article 25(2) of Decision
2008/615/JHA are to be taken on the basis of an
Article 2
evaluation report based on a questionnaire. With
respect to automated data exchange in accordance with
This Decision shall enter into force on the day of its adoption.
Chapter 2 of Decision 2008/615/JHA, the evaluation
report is to be based on an evaluation visit and a pilot
run.
Done at Brussels, 21 March 2013.
(4) According
to
Chapter
4,
point
1.1,
of
the
Annex
to
For the Council
Decision 2008/616/JHA, the questionnaire drawn up by
the relevant Council Working Group concerns each of
The President
the automated data exchanges and has to be answered by
P. HOGAN
( 1 ) OJ L 210, 6.8.2008, p. 1.
( 2 ) OJ L 210, 6.8.2008, p. 12.

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