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21.6.2011 Official
Journal
of
the
European
Union L
161/23
DECISIONS
COUNCIL DECISION
of 9 June 2011
on the launch of automated data exchange with regard to dactyloscopic data in France
(2011/355/EU)
THE COUNCIL OF THE EUROPEAN UNION,
the automated data exchanges and has to be answered by
a Member State as soon as it believes it fulfils the
Having regard to Council Decision 2008/615/JHA of 23 June
prerequisites for sharing data in the relevant data
2008 on the stepping up of cross-border cooperation,
category.
particularly in combating terrorism and cross-border crime ( 1 ),
in particular Article 25 thereof,
(5) France has completed the questionnaire on data
protection and the questionnaire on dactyloscopic data
exchange.
Having regard to 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
(6) A
successful
pilot
run
has
been
carried
out
by
France
with Spain, Germany and Luxembourg.
combating terrorism and cross-border crime (


2 ), in particular
Article 20 and Chapter 4 of the Annex thereto,
(7) An
evaluation
visit
has
taken
place
in
France
and
a
report
on the evaluation visit has been produced by the
Whereas:
Spanish/German/Luxembourgish 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
(8) An
overall
evaluation
report,
summarising
the
results
of
Treaty on the Functioning of the European Union and
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 insti
presented to the Council,
tutions, bodies, offices and agencies of the Union
adopted prior to the entry into force of the Treaty of
HAS ADOPTED THIS DECISION:
Lisbon are preserved until those acts are repealed,
annulled or amended in implementation of the Treaties.
Article 1
For the purposes of automated searching of dactyloscopic data,
(2) Accordingly,
Article
25
of
Decision
2008/615/JHA
is France has fully implemented the general provisions on data
applicable and the Council must unanimously decide
protection of Chapter 6 of Decision 2008/615/JHA and is
whether the Member States have implemented the
entitled to receive and supply personal data pursuant to
provisions of Chapter 6 of that Decision.
Article 9 of that Decision as from the date of the entry into
force of this Decision.
(3) Article
20
of
Decision
2008/616/JHA
provides
that
decisions referred to in Article 25(2) of Decision
Article 2
2008/615/JHA are to be taken on the basis of an
evaluation report based on a questionnaire. With
This Decision shall enter into force on the date of its adoption.
respect to automated data exchange in accordance with
Chapter 2 of Decision 2008/615/JHA, the evaluation
report is to be based on an evaluation visit and a pilot
Done at Luxembourg, 9 June 2011.
run.
For the Council
(4) According
to
Chapter
4,
point
1.1
of
the
Annex
to
Decision 2008/616/JHA, the questionnaire drawn up by
The President
the relevant Council Working Group concerns each of
PINTR S.
( 1 ) OJ L 210, 6.8.2008, p. 1.
( 2 ) OJ L 210, 6.8.2008, p. 12.

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