Prüm Convention

Prüm Convention

Convention on the stepping up of cross-border cooperation, particularly in combating terrorism, cross-border crime and illegal migration
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
Type	Intergovernmental agreement
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:

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 2015.^[12] Switzerland would like to negotiate a similar agreement.^[13]

Notes

See also

• Schengen Area
• Schengen Agreement
• Area of freedom, security and justice
• Enhanced co-operation

External links

• Official depositary page
• Text of the Prüm Convention
• The Prüm Process: Playing or abusing the system?
• The Prüm Regime: Situated Dis/Empowerment in Transnational DNA Profile Exchange, see:

Treaties of the European Union and related documents Legal basis Treaty on the Functioning of the European Union (1957) Treaty on European Union (1992) Euratom Treaty (1957) Main treaties Paris (1951) Rome (1957) Merger (1965) Single European Act (1986) Maastricht (1992) Amsterdam (1997) Nice (2001) Lisbon (2007) Accession Treaties 1972 1979 1985 1994 2003 2005 2011 Minor treaties Netherlands Antilles Association Convention (1962) First Budgetary Treaty (1970) Second Budgetary Treaty (1975) Greenland Treaty (1984) Minor amendments Protocol 36 (2011) Article 136 (2011) Abandoned treaties Defence Community (1952) Treaty establishing a Constitution for Europe (2004) Declarations Schuman Declaration (1950) Solemn Declaration (1983) Charter of Fundamental Rights (2000) Berlin Declaration (2007) Other documents Schengen Agreement (1985) Schengen Convention (1990) Schengen acquis PFI Convention (2002) Prüm Convention (2005) Treaty Establishing the European Stability Mechanism (2012) European Fiscal Compact (2012) Agreement on a Unified Patent Court (2013) Single Resolution Fund Agreement (2014) European Union Portal