Act of Execution of the Prüm Treaty and of the Council Decision Prüm

Unofficial table of contents

PrümVtrAG

Date of completion: 10.07.2006

Full quote:

" Implementing Act to the Prüm Treaty and to the Council Decision Prüm of 10 July 2006 (BGBl. I p. 1458; 2007 II p. 857), which is defined by Article 1 of the Law of 31 July 2009 (BGBl. 2507).

Status:	Amended by Art. 1 G v. 31.7.2009 I 2507
G in force gem. Bek. v. 21.6.2007 II 857 mWv 23.11.2006

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof: 23.11.2006 + + +) 

  

The G was decided as Article 1 of the G v. 10.7.2006 I 1458 by the Bundestag with the consent of the Bundesrat. It occurs gem. Article 3 (2) of this Law on the date on which the Treaty of 27 May 2005 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 The Netherlands and the Republic of Austria on the deepening of cross-border cooperation, in particular in the fight against terrorism, cross-border crime and illegal migration (BGBl. 626) (Prüm Treaty) pursuant to Article 50 (1) of the German Federal Republic of Germany (Bundesrepulbik Deutschland).

Heading: designation idF d. Art. 1 No. 1 G v. 31.7.2009 I 2507 mWv 5.8.2009 Unofficial table of contents

§ 1 Direct applicability

The provisions of Council Decision 2008 /615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, in particular in the fight against terrorism and cross-border crime (Council Decision Prüm, OJ L 327, 22.9.2008, p. 1) shall apply to police and judicial cooperation in criminal matters with the Member States of the European Union. Unofficial table of contents

§ 2 National Contact Point and Responsibility for the Admissibility of the Call or Match

(1) The competent national contact point referred to in Article 6 (1), Article 11 (1), and Articles 15 and 16 (3) of the Treaty of 27 May 2005 between the Kingdom of Belgium, the Federal Republic of Germany, the Kingdom of Spain, the French Republic, Republic of Austria, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands and the Republic of Austria on the deepening of cross-border cooperation, in particular in the fight against terrorism, cross-border crime and crime illegal migration (BGBl. 2006 II p. 626) (Prüm Treaty) is the Federal Criminal Police Office. The competent national contact point referred to in Article 6 (1), Article 11 (1) and Articles 15 and 16 (3) of the Council Decision Prüm is the Federal Criminal Police Office. (2) The national contact point responsible for calling the other contracting states of the Prüm State Office shall be responsible for the examination of the case. Treaty and the other Member States of the European Union from the Central Vehicle Register of the Kraftfahrt-Bundesamt (Article 31 (2) of the Road Traffic Act) pursuant to Article 12 (1) of the Prüm Treaty or Article 12 (1) of the Council Decision The Federal Ministry of the Interior is the Federal Office for Power and Power. For calls from the vehicle registers of the other Contracting States of the Prüm Treaty and of the other Member States of the European Union pursuant to Article 12 (1) of the Prüm Treaty or Article 12 (1) of the Council Decision, the Prüm Treaty shall be: Federal Criminal Office responsible national contact point. (3) The responsibility for data protection for the admissibility of a call or settlement carried out by the Federal Criminal Office as a national contact point shall be borne by the office of the Federal Office of Criminal Investidiation. Federal Criminal Police Office has asked for the execution of the call or match. Unofficial table of contents

§ 3 Automated retrieval or comparison of DNA identification patterns

DNA identification patterns may also be used for automated retrieval or adjustment in accordance with Articles 3 and 4 of the Prüm Treaty, or in accordance with Articles 3 and 4 of the Council Decision. shall be used. Unofficial table of contents

Section 4 Assent for purpose change

(1) Where the Prüm Treaty or the Council Decision allow Prüm to use the personal data transmitted under the conditions under the Prüm Treaty, the Federal Criminal Police Office shall decide on the granting of the consent in accordance with The first sentence of Article 35 (1) and the second sentence of Article 36 (2) of the Prüm Treaty, the second sentence of Article 26 (1) and the second sentence of Article 27 of the Council Decision. This does not apply to data submitted pursuant to Article 7 of the Prüm Treaty or Article 7 of the Council Decision Prüm. (2) The Federal Criminal Police Office may consent to the use of this data in the appropriate application of Section 14 (1) of the Federal Criminal Police Act. If it is data that has been transmitted to the Federal Criminal Police Office by another national body, the Federal Criminal Police Office shall decide in agreement with this body. Unofficial table of contents

§ 5 Labelling of personal data in databases

If the person concerned disputes the accuracy of data stored in databases pursuant to Article 37 (2) of the Prüm Treaty or Article 28 (2) of the Council Decision Prüm, neither the correctness nor the incorrectness can be ascertained, the to identify the data accordingly. Unofficial table of contents

§ 6 Identifier

According to Article 2 of the Prüm Treaty or Article 2 of the Council Decision, the German Federal Criminal Police Act (Bundeskriminalamtgesetz) shall be used for the DNA analysis file pursuant to Article 2 of the Prüm Treaty and for the dactyloscopic identification system referred to in Article 8 of the Prüm Convention. Treaty or Article 8 of the Council Decision, Prüm, which provides that:

1.

for each access authorized worker is assigned an identifier that uniquely identifies him, and

2.

The authorized worker must use this identifier every time it is called up and sent to it.

The details must be laid down in the erection order according to § 34 of the Federal Criminal Police Act. Unofficial table of contents

§ 7 Federal Commissioner for Data Protection and Freedom of Information

The Federal Commissioner for Data Protection and Freedom of Information shall carry out the duties of the independent body responsible for the protection of data protection in accordance with Article 39 (5) of the Prüm Treaty or Article 30 (5) of the Council Decision Prüm. The responsibilities for data protection control in the countries remain unaffected. Unofficial table of contents

§ 8 Damages

(1) The Federal Republic of Germany shall be liable for damage caused by the breach of data protection rights within the meaning of Article 40 (1) sentence 3 of the Prüm Treaty or of Article 31 (1) sentence 3 of the Council Decision Prüm, subject to of the first sentence of Article 40 (2) of the Prüm Treaty or of the first sentence of Article 31 (2) of the Council Decision, Prüm, in accordance with its national law. (2) In the case of claims arising from the measures referred to in Articles 3, 4, 5, 8, 9, 10, 14 and 16, and in accordance with Article 12 of the Prüm Treaty or in accordance with Articles 3, 4, 5, 8, 9, 10, 14 and 16 and Article 12 of the Council Decision Prüm, insofar as it is a request to other States Parties to the Prüm Treaty or to other Member States of the European Union, the Federal Republic of Germany shall be represented by the Federal Criminal Police Office. In the event of claims arising from the request of the other States Parties to the Prüm Treaty in accordance with Article 12 of the Prüm Treaty or of the other Member States of the European Union pursuant to Article 12 of the Council Decision Prüm, the Federal Republic of Germany shall be (3) If the Federal Republic of Germany is obliged to compensate for the damage, the Federal Republic of Germany shall reimburse compensation for damages to other States Parties to the Prüm Treaty pursuant to Article 40 (2). Set 2 of the Prüm Treaty or of other Member States of the European Union According to Article 31 (2) sentence 2 of the Council Decision Prüm and the damage is to be attributed to the data protection liability of a country, the Federal Republic of Germany is obliged to compensate for the damage.