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Official Journal of the European Union
26.3.2013
DECISIONS
COUNCIL DECISION
of 21 March 2013
on the launch of automated data exchange with regard to DNA data in Malta
(2013/152/EU)
THE COUNCIL OF THE EUROPEAN UNION,
(5)
According to Chapter 4, point 1.1 of the Annex to
Decision 2008/616/JHA, the questionnaire drawn up by
Having regard to Council Decision 2008/615/JHA of 23 June
the relevant Council Working Group concerns each of
2008 on the stepping up of cross-border cooperation,
the automated data exchanges and has to be answered by
particularly in combating terrorism and cross-border crime ( 1 ),
a Member State as soon as it believes it fulfils the
in particular Article 2(3) and Article 25 thereof,
prerequisites for sharing data in the relevant data
category.
Having regard to Council Decision 2008/616/JHA of 23 June
2008 on the implementation of Decision 2008/615/JHA (
(6) Malta
has
completed
the
questionnaire
on
data
protection

2 ), in
particular Article 20 and Chapter 4 of the Annex thereto,
and the questionnaire on DNA data exchange.
(7)
A successful pilot run has been carried out by Malta with
Whereas:
Austria.
(1) According
to
the
Protocol
on
Transitional
Provisions (8) An
evaluation
visit
has
taken
place
in
Malta
and
a
report
annexed to the Treaty on European Union, to the
on the evaluation visit has been produced by the
Treaty on the Functioning of the European Union and
Austrian evaluation team and forwarded to the relevant
to the Treaty establishing the European Atomic Energy
Council Working Group.
Community, the legal effects of the acts of the institu
(9) An
overall
evaluation
report,
summarising
the
results
of
tions, bodies, offices and agencies of the Union adopted
the questionnaire, the evaluation visit and the pilot run
prior to the entry into force of the Treaty of Lisbon are
concerning DNA data exchange has been presented to
preserved until those acts are repealed, annulled or
the Council,
amended in implementation of the Treaties.
HAS ADOPTED THIS DECISION:
(2)
Accordingly, Article 25 of Decision 2008/615/JHA is
Article 1
applicable and the Council must unanimously decide
whether the Member States have implemented the
For the purposes of automated searching and comparison of
provisions of Chapter 6 of that Decision.
DNA data, Malta has fully implemented the general provisions
on data protection of Chapter 6 of Decision 2008/615/JHA and
(3) Article
20
of
Decision
2008/616/JHA
provides
that is entitled to receive and supply personal data pursuant to
decisions referred to in Article 25(2) of Decision
Articles 3 and 4 of that Decision as from the day of the
2008/615/JHA are to be taken on the basis of an
entry into force of this Decision.
evaluation report based on a questionnaire. With
respect to automated data exchange in accordance with
Article 2
Chapter 2 of Decision 2008/615/JHA, the evaluation
This Decision shall enter into force on the day of its adoption.
report is to be based on an evaluation visit and a pilot
run.
(4)
Malta has informed the General Secretariat of the Council
Done at Brussels, 21 March 2013.
of the national DNA analysis files to which Articles 2 to
6 of Decision 2008/615/JHA apply and the conditions
For the Council
for automated searching as referred to in Article 3(1) of
that Decision in accordance with Article 36(2) of that
The President
Decision.
P. HOGAN
( 1 ) OJ L 210, 6.8.2008, p. 1.
( 2 ) OJ L 210, 6.8.2008, p. 12.

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