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
The High Contracting Parties to this Convention, being Member States of the European Union,
Considering that in an area with free movement of persons it is important for Member States of the European Union to step up their cooperation, in order to combat terrorism, cross-border crime and illegal migration more effectively,
Endeavouring, without prejudice to the provisions of the Treaty on European Union and the Treaty establishing the European Community, for the further development of European cooperation, to play a pioneering role in establishing the highest possible standard of cooperation, especially by means of improved exchange of information, particularly in combating terrorism, cross-border crime and illegal migration, while leaving participation in such cooperation open to all other Member States of the European Union,
Seeking to have the provisions of this Convention brought within the legal framework of the European Union, in order to improve exchange of information within the European Union, particularly in combating terrorism, cross-border crime and illegal migration, and to establish the necessary legal and technical conditions for that purpose,
In observance of the fundamental rights deriving from the Charter of Fundamental Rights of the European Union, the European Convention for the Protection of Human Rights and Fundamental Freedoms and the constitutional traditions common to the States concerned, particularly in the awareness that the supply of personal data to another Contracting Party requires a reasonable standard of data protection on the part of the receiving Contracting Party,
Considering that, without prejudice to current national law, provision should be made for measures under this Convention to remain subject to suitable judicial review,
Seeking to supplement this Convention with further agreements, allowing automated searching of data in other appropriate records, in so far as is necessary and reasonable for the purpose of stepping up cross-border cooperation,
Have agreed as follows:
Chapter 1
General aspects
Article 1
Basic principles of the Convention
1. By means of this Convention, the Contracting Parties intend to step up cross-border cooperation, particularly mutual exchange of information.
2. Such cooperation is without prejudice to European Union law and open for any Member State of the European Union to join, in accordance with this Convention.
3. Cooperation under this Convention is aimed at devising initiatives to promote European cooperation in the fields laid down in this Convention.
4. Within three years at most following entry into force of this Convention, on the basis of an assessment of experience of its implementation, an initiative shall be submitted, in consultation with or on a proposal from the European Commission, in compliance with the provisions of the Treaty on European Union and the Treaty establishing the European Community, with the aim of incorporating the provisions of this Convention into the legal framework of the European Union.
5. The Contracting Parties shall regularly submit joint progress reports on cooperation to the Council of the European Union and the European Commission.
Chapter 2
DNA profiles and fingerprinting and other data
Article 2
Establishment of national DNA analysis files
1. The Contracting Parties hereby undertake to open and keep national DNA analysis files for the investigation of criminal offences. Processing of data kept in those files, under this Convention, shall be carried out subject to its other provisions, in compliance with the national law applicable to the processing.
2. For the purpose of implementing Convention, the Contracting Parties shall ensure the availability of reference data from their national DNA analysis files as referred to in the first sentence of paragraph 1. Reference data shall only include DNA profiles* established from the non-coding part of DNA and a reference. Reference data must not contain any data from which the data subject can be directly identified. Reference data not traceable to any individual (untraceables) must be recognisable as such.
3. When depositing instruments of ratification, acceptance, approval or accession, each Contracting Party shall specify the national DNA analysis files to which Articles 2 to 6 are applicable and the conditions for automated searching as referred to in Article 3(1).
* For the Federal Republic of Germany, DNA profiles as referred to in this Convention shall mean DNA-Identifizierungsmuster (DNA identification patterns).
Article 3
Automated searching of DNA profiles