Prüm Convention

Prüm Convention
Convention on the stepping up of cross-border cooperation, particularly in combating terrorism, cross-border crime and illegal migration

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  Parties to the Prüm Convention and Prüm Decision participants
  Other Prüm Decision participants
  Other EU member states
  non-EU member states which have signed an agreement to participate
Signed 27 May 2005
Location Prüm, Germany
Effective 1 November 2006
Condition 2 ratifications
Parties 14
Depositary Ministry of Foreign Affairs of the Federal Republic of Germany
Languages German, Spanish, French and Dutch (original)
Prüm Convention at Wikisource

The Prüm Convention (sometimes known as Schengen III Agreement)[1] is a treaty which was signed on 27 May 2005 by Austria, Belgium, France, Germany, Luxembourg, the Netherlands and Spain in the town of Prüm in Germany, and which is open to all members of the European Union, 14 of which are currently parties.

The treaty was based on an initiative by the then German Minister Otto Schily from mid-2003.[2] Core elements of the convention were picked up by EU Council Decision 2008/615/JHA on 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime.[3]

The full name of the treaty is Convention 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 stepping up of cross-border cooperation, particularly in combating terrorism, cross-border crime and illegal migration.

Contents of the Convention

The Convention was adopted so as to enable the signatories to exchange data regarding DNA, fingerprints and Vehicle registration of concerned persons and to cooperate against terrorism. It also contains provisions for the deployment of armed sky marshals on flights between signatory states, joint police patrols, entry of (armed) police forces into the territory of another state for the prevention of immediate danger (hot pursuit), and cooperation in case of mass events or disasters. Furthermore, a police officer responsible for an operation in a state may, in principle, decide to what degree the police forces of the other states that were taking part in the operation could use their weapons or exercise other powers.

Relation to the European Union

The Convention was adopted outside of the European Union framework (and its mechanism of Enhanced co-operation), but asserts that it is open for accession by any Member state of the European Union and that:

provisions of this Convention shall only apply in so far as they are compatible with European Union law ... [EU law] should take precedence in applying the relevant provisions of this Convention

— Convention on the stepping up of cross-border cooperation, particularly in combating terrorism, cross-border crime and illegal migration, Article 47

Additionally the text of the Convention and its annexes were circulated on 7 July 2005 between the delegations to the Council of the European Union.

Some of the Convention provisions, falling under the former third pillar of the EU, were later subsumed into the police and judicial cooperation provisions of European Union law by a 2008 Council Decision,[3][4] commonly referred to as the Prüm Decision. It provides for Law Enforcement Cooperation in criminal matters primarily related to exchange of Fingerprint, DNA (both on a hit no-hit basis) and Vehicle owner registration (direct access via the EUCARIS system) data. The data exchange provisions are to be implemented in 2012. The remaining provisions of the Convention falling under the former third pillar are not yet adopted into EU law.

Parties to the convention

The states which have ratified the convention are:

Contracting Party[5][6][7] Date of Signature[5] Date of deposit of
Instrument of Ratification or Accession[5]		 Entry into force[5]
Austria 27 May 2005 21 June 2006 1 November 2006
Belgium 27 May 2005 5 February 2007 6 May 2007
Bulgaria - 25 May 2009 23 August 2009
Estonia - 23 September 2008 22 December 2008
Finland - 19 March 2007 17 June 2007
France 27 May 2005 2 October 2007 31 December 2007
Germany 27 May 2005 25 August 2006 23 November 2006
Hungary - 16 October 2007 14 January 2008
Luxembourg 27 May 2005 8 February 2007 9 May 2007
Netherlands 27 May 2005 20 February 2008 20 May 2008
Romania - 3 December 2008 3 March 2009
Slovakia - 27 February 2009 28 May 2009
Slovenia - 10 May 2007 8 August 2007
Spain 27 May 2005 3 August 2006 1 November 2006

Greece, Italy, Portugal and Sweden, have notified the Council of the European Union of their desire to accede to the Prüm Convention.[8]

While the Decisions were originally applicable to all EU member states, the United Kingdom subsequently exercised their right to opt-out from them effective 1 December 2014.[9] However, the UK will assess their participation and make a decision by 31 December 2015 on whether to rejoin the Decisions.[10]

Norway and Iceland signed a treaty with the EU in 2009 to apply certain provisions of the Decisions.[11] Neither state has ratified the agreement as of 2014.[12] Switzerland would like to negotiate a similar agreement.[13]

Notes

  1. ↑ Christopher Walsch (July 2009). "Europeanization and Democracy: Negotiating the Prüm Treaty and the Schengen III Agreement". Croatian Political Science Review 45 (5). Retrieved 29 August 2010.
  2. ↑ The Treaty of Prüm: A Replay of Schengen?
  3. ↑ 3.0 3.1 OJ L 210, 6 August 2008, p. 1
  4. ↑ Decision 2008/616/2008 implementing 2008/615/2008
  5. ↑ 5.0 5.1 5.2 5.3 "Convention 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 concerning the intensification of cross-border cooperation, particularly in the fight against terrorism, cross-border crime and illegal migration". German Foreign Office. 2012-01-30. Retrieved 2012-04-14.
    "Vertrag zwischen dem Königreich Belgien, der Bundesrepublik Deutschland, dem Königreich Spanien, der Französischen Republik, dem Großherzogtum Luxemburg, dem Königreich der Niederlande und der Republik Österreich über die Vertiefung der grenzüberschreitenden Zusammenarbeit, insbesondere zur Bekämpfung des Terrorismus, der grenz-überschreitenden Kriminalität und der illegalen Migration" (in German). German Foreign Office. 2011-09-26. Retrieved 2014-05-03.
  6. ↑ "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 concerning the intensification of cross-border cooperation, particularly in the fight against terrorism, cross-border crime and illegal migration". UN Treaty database. 2009-09-04. Retrieved 2012-04-14.
  7. ↑ "Convention 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 stepping up of cross-border cooperation, particularly in combating terrorism, cross-border crime and illegal migration". Dutch Ministry of Foreign Affairs. 2012-04-14. Retrieved 2012-04-14.
  8. ↑ "2807th Council Meeting: Justice and Home Affairs". Council of the European Union. 2007-06-13. Retrieved 2012-04-14.
  9. ↑ Barker, Alex (2014-11-12). "Police to share DNA database with Europe’s forces". Financial Times. Retrieved 2014-11-20.
  10. ↑ "Council Decision of 27 November 2014 determining certain consequential and transitional arrangements concerning the cessation of the participation of the United Kingdom of Great Britain and Northern Ireland in certain acts of the Union in the field of police cooperation and judicial cooperation in criminal matters adopted before the entry into force of the Treaty of Lisbon". Official Journal of the European Union. L 343/11. 2014-11-27. Retrieved 2014-11-28.
  11. ↑ "Summary of Treaty". European Commission. 2010-09-13. Retrieved 2012-04-14.
  12. ↑ "Agreement details". Council of the European Union. Retrieved 2012-04-14.
  13. ↑ "Coopération Prüm: le Conseil fédéral délivre un mandat de négociation". Federal Department of Foreign Affairs of Switzerland. 2015-03-13. Retrieved 2015-03-17.

See also

External links