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27.7.2011 Official
Journal
of
the
European
Union L
195/71
COUNCIL DECISION
of 19 July 2011
on the launch of automated data exchange with regard to DNA data in Portugal
(2011/472/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
the relevant Council Working Group concerns each of
Having regard to Council Decision 2008/615/JHA of 23 June
the automated data exchanges and has to be answered by
2008 on the stepping up of cross-border cooperation,
a Member State as soon as it believes it fulfils the
particularly in combating terrorism and cross-border crime ( 1 ),
prerequisites for sharing data in the relevant data
in particular Article 2(3) and Article 25 thereof,
category.
Having regard to Council Decision 2008/616/JHA of 23 June
(6) Portugal
has
completed
the
questionnaire
on
data
2008 on the implementation of Decision 2008/615/JHA (
protection and the questionnaire on DNA data exchange.

2 ), in
particular Article 20 and Chapter 4 of the Annex thereto,
(7) A
successful
pilot
run
has
been
carried
out
by
Portugal
with Germany.
Whereas:
(8) An
evaluation
visit
has
taken
place
in
Portugal
and
a
(1) According
to
the
Protocol
on
Transitional
Provisions
report on the evaluation visit has been produced by
annexed to the Treaty on European Union, to the
the German evaluation team and forwarded to the
Treaty on the Functioning of the European Union and
relevant Council Working Group.
to the Treaty establishing the European Atomic Energy
Community, the legal effects of the acts of the insti
(9) An
overall
evaluation
report,
summarising
the
results
of
tutions, bodies, offices and agencies of the Union
the questionnaire, the evaluation visit and the pilot run
adopted prior to the entry into force of the Treaty of
concerning DNA data exchange has been presented to
Lisbon are preserved until those acts are repealed,
the Council,
annulled or amended in implementation of the Treaties.
HAS ADOPTED THIS DECISION:
(2) Accordingly,
Article
25
of
Decision
2008/615/JHA
is
applicable and the Council must unanimously decide
Article 1
whether the Member States have implemented the
provisions of Chapter 6 of that Decision.
For the purposes of automated searching and comparison of
DNA data, Portugal has fully implemented the general
provisions on data protection of Chapter 6 of Decision
(3) Article
20
of
Decision
2008/616/JHA
provides
that 2008/615/JHA and is entitled to receive and supply personal
decisions referred to in Article 25(2) of Decision
data pursuant to Articles 3 and 4 of that Decision as from the
2008/615/JHA are to be taken on the basis of an
date of the entry into force of this Decision.
evaluation report based on a questionnaire. With
respect to automated data exchange in accordance with
Chapter 2 of Decision 2008/615/JHA, the evaluation
Article 2
report is to be based on an evaluation visit and a pilot
This Decision shall enter into force on the date of its adoption.
run.
(4)
Portugal has informed the General Secretariat of the
Done at Brussels, 19 July 2011.
Council of the national DNA analysis files to which
Articles 2 to 6 of Decision 2008/615/JHA apply and
For the Council
the conditions for automated searching as referred to
in Article 3(1) of that Decision in accordance with
The President
Article 36(2) of that Decision.
M. SAWICKI
( 1 ) OJ L 210, 6.8.2008, p. 1.
( 2 ) OJ L 210, 6.8.2008, p. 12.

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