Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister for Foreign and European Affairs,
Seen them articles 52 55 of the Constitution;
Having regard to the amended Decree No. 53-192 of 14 March 1953 concerning the ratification and publication of the international commitments undertaken by France;
In view of Decree No. 2008-33 of 10 January 2008 on the publication of the Treaty between the Kingdom of Belgium, the Federal Republic of Germany, the Kingdom of Spain, the French Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands and the Republic of Austria on the deepening of cross-border cooperation, in particular with a view to combating terrorism, cross-border crime and illegal migration (although two annexes and a declaration signed by Prüm,
Decrete:
The agreement on the implementation of the treaty between the Kingdom of Belgium, the Federal Republic of Germany, the Kingdom of Spain, the French Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands and the Republic of Austria on the deepening of cross-border cooperation, in particular with a view to combating terrorism, cross-border crime and illegal migration, will be signed in Brussels on 27 December 2005, the Journal signed in Prüm on 27 December 2005,
The Prime Minister and the Minister for Foreign and European Affairs are responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.
A N N E X E
EXECUTIVE ACCORDANCE OF THE TREATMENT OF BELGIUM, THE GERMANY REPUBLIC, THE SPANISH ROYAL, THE FRANÇAISE REPUBLIC, THE GREAT LUXEMBOURG, THE ROYAL OF BUSINESS
Section 1
Objective and definitions
1. Objective
In accordance with Article 44 of the Treaty, the objective of this Implementation Agreement is to determine the conditions necessary for the administrative and technical implementation and implementation of the Treaty.
2. Definitions
For the purposes of this Agreement:
2.1. The term "Treaty" refers to the Treaty between the Kingdom of Belgium, the Federal Republic of Germany, the Kingdom of Spain, the French Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands and the Republic of Austria on the deepening of cross-border cooperation, particularly with a view to combating terrorism, cross-border crime and illegal migration, signed in Prüm, Germany on 27 May 2005;
2.2. The term "Party" means a Contracting Party to the Treaty that has signed this Implementation Agreement;
2.3. The procedures for "consultation", "comparison" or "comparison consultation" referred to in Articles 3, 4 and 9 of the Treaty mean the procedures by which it is established that there is a concordance between, respectively, DNA data or typographical data provided by a Party and DNA data or typographical data contained in the databases of one, several, or all other Parties;
2.4. The expression "DNA profile" means an alphanumeric code that represents a set of identification characteristics of the non-coding part of a human DNA sample analyzed, that is, the particular chemical form from various DNA segments (loci);
2.5. The expression "non-coding part of the DNA" means chromosome zones that contain no genetic expression, i.e. not known to provide information on specific hereditary characteristics;
2.6. The expression "DNA indexed data" means a DNA profile and associated non-DNA data;
2.7. The expression "specific non-ADN data" includes:
2.7.1. an identification code or a number allowing Parties, if agreed, to search for personal data and/or other information in their databases in order to provide it to one, more or all other Parties, in accordance with Article 5 of the Treaty;
2.7.2. a code identifying the Party to indicate the national origin of the DNA profile, and
2.7.3. a code to indicate the type of DNA profile as declared by the Parties in accordance with Article 2, paragraph 2, of the Treaty;
2.8. The term "unidentified DNA profile" refers to the DNA profile obtained from human cells from criminal investigations and belonging to an unidentified person;
2.9. The term "DNA profile" is a technical expression and refers to the DNA profile of an identified person in the national DNA analysis files in accordance with Article 2, paragraph 3, of the Treaty;
2.10. The expression "actyloscopic data" refers to fingerprint images, hidden fingerprint images, hand palm prints, hidden hand palm prints, hidden hand palm prints, and models of such images (menus details), to the extent that they are stored and processed in an automated database;
2.11. The term "application for follow-up" refers to a Party's request to one, several or all other Parties in the event of a match between DNA or comparative typographical data, in order to obtain other personal data and other information in accordance with Articles 5 and 10 of the Treaty;
2.12. The term "Vehicle Registration Registry Data" refers to the data set specified in Appendix C.1 that Parties have agreed to make mutually available for the purposes of the automated consultation procedure defined below in paragraph 2.13;
2.13. The term "automated consultation" refers to the online consultation in order to interrogate, in accordance with Article 33, paragraph 1, point 2, of the Treaty, the databases of one, more or all other Parties;
2.14. The term "ex-Article 12 system" refers to all technical measures and functional aspects, such as networks, interfaces and security systems, established for the exchange of data on vehicle registration records in accordance with Article 12 of the Treaty;
2.15. The term "EUCARIS" refers to the European information system for vehicles and driver's licences established by the EUCARIS Treaty, signed in Luxembourg on 29 June 2000;
2.16. The term "in case by case" means, by reference to Article 3, paragraph 1, Article 9, paragraph 1, and Article 12, paragraph 1, of the Treaty, a single investigation or prosecution record; if this investigation or record concerns more than one DNA profile, a typographical data or a vehicle registration record data, these profiles or data can be transmitted together in a single application;
2.17. The term "cause of the request or the transmission of data" means, for the purposes of Article 39 of the Treaty, an indication that makes it possible to establish an obvious link between a specified application and the corresponding individual case that motivated the application;
2.18. The term "TESTA II communication network" refers to the "Trans-European Services for Telematics between Administrations" managed by the European Commission, as well as any modified version of this network.
Section 2
DNA profiles
3. Composition and comparison of DNA profiles
3.1. For the purposes of Article 2 of the Treaty, DNA indexed data that are exchanged in accordance with the provisions of the Treaty are composed of a DNA profile and specific non-ADN data.
3.2. A set of common technical specifications, including the compliance rules, algorithms and code numbers of Parties as defined in Annex A, will be established and deployed to the national contact points of the Parties and applied to all requests and responses related to the DNA profile consultations and comparisons referred to in paragraph 3.1.
3.3. DNA profiles will be compared on the basis of common DNA markers as defined in Appendix A.1. Each DNA profile transmitted for automated consultation or comparison by the requesting Party will be compared with each DNA profile made available for comparison by the required Parties, in accordance with Article 2, paragraphs 2 and 3, of the Treaty.
3.4. The Parties use existing standards such as the European Standard Set, ESS or the Interpol Standard Loci Group (Interpol Standard Set of Loci, ISSOL).
4. Claims and Answers Rules
4.1. The request for automated consultation or comparison, referred to in Articles 3 and 4 of the Treaty, includes only the following information:
4.1.1. the Party of the requesting Party code;
4.1.2. the date, time and reference number of the application;
4.1.3. DNA profiles and their specific non-ADN data;
4.1.4. the type of DNA profiles transmitted (non-identified DNA profile or indexed DNA profile).
4.2. The Parties shall make the necessary effort to ensure that the requests are in full compliance with the conditions imposed by the declarations made under Article 2, paragraph 3, of the Treaty and reproduced in Annex A.3.
4.3. The response (concordance report) to the request referred to in 4.1 will be forwarded to the national contact point of the requesting Party in order to determine whether a follow-up request may be submitted. A concordance report contains only the following information:
4.3.1. the indication whether there has been one or more concordances (hit) or not (no-hit);
4.3.2. the date, time and reference number of the application;
4.3.3. the date, time and reference number of the response;
4.3.4. the Party code required;
4.3.5. the specific non-ADN data of the requesting Party and the requested Party;
4.3.6. the type of DNA profiles transmitted (non-identified DNA profiles or indexed DNA profiles);
4.3.7. in the event of an automated comparison in accordance with Article 4 of the Treaty, the DNA profile having been matched.
4.4. The automated notification of a concordance ("his") is made only provided that the automated consultation or comparison has highlighted a concordance based on a minimum of loci as specified in Appendix A.1. In the case of automated consultation in accordance with Article 3 of the Treaty, for verification purposes, the national focal points of the Parties shall take appropriate measures in accordance with their national law.
5. Communication network
for the transmission of DNA data
Electronic DNA data exchanges between Parties are carried out via the "TESTA II" communication network according to the technical specificities as described in Appendix A.5.
6. Quality control measures
Parties shall take appropriate measures to ensure the integrity of DNA profiles made available to other Parties or transmitted for comparison. These measures must comply with international standards, such as ISO 17025. The forensic aspects of these DNA profiles must respect the characteristics defined in Appendix A.1.
Section 3
Typographical data
7. Dactyloscopic data transmission
7.1. For the purposes of Article 9 of the Treaty, Parties shall establish mutually accessible technical access to their "automatic fingerprint identification systems" (hereinafter referred to as "AFIS").
7.2. The systems referred to in point 7.1 only include automated typographical identification systems established for the prevention and prosecution of criminal offences. Data included in administrative files should not be transmitted.
7.3. The digitization of typographical data and their transmission to other Parties shall be carried out in accordance with the data format specified in the interface control document ("Control Document-ICD Interface") as defined in Appendix B.1. Each Party shall ensure that the typographical data transmitted by other Parties may be compared to the indexed data of its own "AFIS".
7.4. The indexed data referred to in Article 9 of the Treaty are used to establish the univocal correspondence of a person or criminal case, as well as the identification of the requesting Party.
8. Consultation and transmission of results
8.1. Parties shall ensure that the type of data transmitted is of appropriate quality for comparison purposes by AFIS. The requested Party shall promptly monitor the quality of the typographical data transmitted by a fully automated process. In the event of data not suitable for automated comparison, the requested Party shall immediately inform the requesting Party.
8.2. The requested Party shall conduct consultations in the chronological order of arrival of applications. Requests must be processed within 24 hours by a fully automated process. The requesting Party may, if required by its national legislation, request accelerated processing of such consultations. The requested Party shall conduct such consultations immediately. If the deadlines cannot be met for reasons that the requested Party is not responsible, it is necessary to make the comparison without delay as soon as the obstacles have been lifted.
8.3. The requested Party shall ensure that the system is able to transmit without delay fully automated each response of concordance (hit) or non-concordance (no-hit) to the requesting Party. In case of concordance (hit), it transmits the typographical data and indexed data referred to in Article 9, paragraph 2, of the Treaty for all concordances between typographical data.
9. Communication network for transmission
dactyloscopic data
The electronic exchange of typographical data between Parties shall be carried out via the communication network "TESTA II", in accordance with the technical specifications defined in Annex A.5.
10. Definition and capabilities of automated consultation
dactyloscopic data
10.1. The maximum quantity of the different types of type of type of type of type of type of type of type of type of type of type of type of type of type of type of type of type of type of data allowed by transmission for verification is determined in Appendix B.2.
10.2. The maximum day-to-day consultation capacity of each Party with respect to the typographical data of identified persons is determined in Appendix B.3.
10.3. The maximum daily consultation capacity of each Party for typographical traces is determined in Appendix B.4.
Section 4
Data
Registers of Vehicles
11. Consultation procedure
and data transmission
11.1. For the purposes of Article 12 of the Treaty, Parties establish a network of national contact points to conduct automated consultations in their respective vehicle registration records. The technical conditions for data exchange are set out in Appendix C.3.
11.2. Without prejudice to the provisions of the Treaty, and taking into account, inter alia, the provisions of Articles 38 and 39, the Parties, acting respectively as a requesting or requested State, shall organize the mode of operation of their national points of contact, in good faith in the light of the principles and provisions of the Treaty.
11.3. Parties that opt for a fully automated application procedure must ensure that all of their requests pass through their national treaty contact point, which must be placed under the control of a responsible official.
12. Communication network for data transmission
Registers of Vehicle Registration
12.1. For the purpose of electronic exchange of vehicle registration data, Parties decide to use the communication network "TESTA II" and a version of the application of EUCARIS software specially adapted for the needs of the ex-Article 12 system, as well as any modified version of both systems.
12.2. The allocation of costs related to the management and use of the ex-Article 12 system, including costs related to EUCARIS technology, must be discussed and approved annually.
13. Technical and organizational measures to ensure the protection of personal data and data security
The technical specifications of the automated consultation as referred to in Article 38, paragraph 2, of the Treaty relating to the protection, security, confidentiality and integrity of data, network encryption, authentication procedures and control procedures for the admissibility of automated consultations are detailed in Appendix C.2.
Section 5
Police cooperation
14. Joint interventions
14.1. Through a mission document, two or more Parties may organize a joint intervention as provided for in Article 24 of the Treaty. Prior to the commencement of the intervention, they determine, verbally or in writing, the provisions relating to operational terms, such as:
(a) The competent authorities of the Parties concerned by the mission document;
(b) The precise purpose of the intervention;
(c) The host State where the intervention will take place;
(d) The geographic area of the host State where the intervention will take place;
(e) The period covered by the mission document;
(f) Specific assistance to be provided by the sending State to the receiving State, including officials or other officials of the public authority, material or financial elements;
(g) Officials participating in the intervention;
(h) The official responsible for the intervention;
(i) The powers of officials and other agents of the public authority of the sending State in the receiving State during the intervention;
(j) The particular weapons, ammunition and equipment that officials of the sending State may use during the intervention in accordance with the rules set out in Appendix D.3;
(k) The logistical arrangements for transport, accommodation and security;
(l) The costs of the joint intervention, if different from the provisions of Article 46 of the Treaty;
(m) Any other necessary elements, if any.
14.2. The competent authorities of each Party may request a joint intervention. In Appendix D.1, each Party may define procedures for the introduction of applications. If no procedure is defined, a national contact point in accordance with Annex D.1 shall be designated to assist other Parties in sending their requests to the competent authorities.
15. Cross-border responses to present hazards
15.1. The authorities to notify promptly in accordance with Article 25, paragraph 3, of the Treaty are listed in Appendix D.2.
15.2. Any changes to the contact information of these authorities shall be communicated as soon as possible to the contact points of the other Parties also listed in Appendix D.2.
16. Port and use of weapons, ammunition and equipment
In Appendix D.3, each Party shall list the particular weapons, ammunition and equipment prohibited in accordance with Article 28, paragraph 1, 3rd sentence, of the Treaty, special weapons, ammunition and equipment prohibited in accordance with Article 28, paragraph 2, of the Treaty, and the practical aspects referred to in Article 28, paragraph 5, of the Treaty.
Section 6
General provisions
17. Evaluation of application and implementation
Treaty and Implementation Agreement
17.1. The assessment of the technical and administrative application and implementation of the Treaty and the Implementation Agreement shall be carried out by the joint working group, as provided for in Article 43, paragraph 2, of the Treaty, or by any specific technical working group mandated for that purpose by the joint working group. Such an assessment may be carried out upon request by one of the Parties.
17.2. Methods of automated consultation and comparison of DNA and Dactyloscopic data will be evaluated, unless the Joint Working Group decides otherwise, six months after the commencement of activities under this Implementation Agreement. For vehicle registration records data this first evaluation will take place three months after the start of the activities. Subsequently, such assessments may take place upon request from one of the Parties, in accordance with Article 43 of the Treaty.
17.3. The competent authorities for journalization in accordance with Article 39, paragraph 2, of the Treaty shall conduct random checks on the frequency and to the extent necessary to enable an effective assessment of the legitimacy of the automated consultations conducted by the respective national focal points, in accordance with Articles 3, 9 and 12 of the Treaty.
18. Availability of automated data exchanges
Parties will make every reasonable effort to maintain the automated online exchange of DNA, typographical data and vehicle registration records based on 24-hour and 7-day availability. In the event of a technical failure, the points of contact of the Parties concerned shall inform each other as soon as possible and agree on a temporary alternative means of communication, in accordance with any other applicable legal instrument. Automated data exchange must be delivered as quickly as possible.
19. Amendment to the Implementation Agreement and its Annexes
19.1. Amendments to this Agreement and its Annexes may be proposed by any Party. Such proposals shall be communicated to all other Parties.
19.2. If the proposed amendment concerns the provisions of the Implementation Agreement, it is adopted by decision of the Committee of Ministers in accordance with Article 43, paragraph 1, of the Treaty.
19.3. If the proposed amendment concerns one or more of the Annexes to the Implementation Agreement, it is adopted by the joint working group in accordance with Article 43, paragraph 2, of the Treaty.
19.4. For the purpose of amending this Agreement or its Annexes, unanimity shall be reached when the Parties present and represented approve the proposed amendment. Consequently, the absence or non-representation of Parties may not prevent the adoption of an amendment to the Implementation Agreement. This amendment applies to all Parties.
20. Effect, signature, depositary
20.1. For Parties for which the Treaty has entered into force, this Implementation Agreement shall take effect after its signature and after the adoption of the necessary decisions under Article 34, paragraph 2, of the Treaty. For the other Parties, it shall take effect in accordance with Article 50, paragraph 1, or Article 51, paragraph 1, of the Treaty, as the case may be, and after the adoption of the necessary decisions under Article 34, paragraph 2, of the Treaty.
20.2. This Implementation Agreement and its annexes will be signed in the German, Spanish, French, Dutch and English languages, the five texts being equally authentic.
20.3. The Government of the Federal Republic of Germany acts as depositary of this Agreement and its Annexes.
Brussels, 5 December 2006.
The Kingdom of Belgium
The Federal Republic of Germany
The Kingdom of Spain
La République française
The Grand Duchy of Luxembourg
The Kingdom of the Netherlands
The Republic of Austria
Done in Paris, July 29, 2009.
Nicolas Sarkozy
By the President of the Republic:
The Prime Minister,
François Fillon
Minister for Foreign Affairs
and European,
Bernard Kouchner
