Deepening cross-border cooperation, in particular in the fight against terrorism and cross-border crime in the Agreement between the European Union and the Swiss Confederation

Council Decision (EU) 2022/2536 of 12 December 2022 on the conclusion of the Agreement between the European Union and the Swiss Confederation for the implementation of certain provisions of Council Decision 2008/615/JHA on deepening the cross-border cooperation, in particular in the field of combating terrorism and cross-border crime, of Council Decision 2008/616/JHA on the implementation of Decision 2008/615/JHA on deepening cross-border cooperation, in particular in regarding the fight against terrorism and cross-border crime, and its annex, and Council Framework Decision 2009/905/JHA on accreditation of forensic service providers carrying out laboratory activities.

THE COUNCIL OF THE EUROPEAN UNION,

 

Having regard to the Treaty on the Functioning of the European Union, and in particular its Article 82, paragraph 1, second subparagraph, letter d), and its Article 87, paragraph 2, letter a), in conjunction with its Article 218, paragraph 6, paragraph second, letter a),

 

Considering the proposal of the European Commission,

 

Having regard to the approval of the European Parliament (1),

 

Considering the following:

  1. In accordance with Council Decision (EU) 20197/1187 (2), the Agreement was signed between the European Union and the Swiss Confederation for the implementation of certain provisions of Council Decision 2008/615/JHA on the deepening of cross-border cooperation, in particular in the fight against terrorism and cross-border crime, of Council Decision 2008/616/JHA on the implementation of Decision 2008/615/JHA on deepening cross-border cooperation, in particular on combating terrorism and cross-border crime, and its annex, and Council Framework Decision 2009/905/JHA on the accreditation of forensic service providers carrying out laboratory activities (hereinafter "Agreement ») signed on June 27, 2019, subject to its celebration at a later date.
  2. Improving the exchange of police information in order to maintain security in the Union cannot be sufficiently achieved by Member States in isolation, due to the nature of international crime, which is not limited to the borders of the Union. To promote cross-border police cooperation, it is of crucial importance that all Member States and the Swiss Confederation can have reciprocal access to national databases on DNA analysis files, fingerprint identification systems and vehicle registration data.
  3. In accordance with Article 8(3) of the Agreement, Article 5(1) and (2) thereof has been applied provisionally since the date of signature of the Agreement.
  4. Ireland is bound by Council Decision 2008/615/JHA (3), Council Decision 2008/616/JHA (4) and its annex, and Council Framework Decision 2009/905/JHA (5), and therefore participates in the adoption and application of this Decision.
  5. In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark
  6. does not participate in the adoption of this Decision and is not bound by it or subject to its application.

 

The Agreement must be approved.

 

HAS ADOPTED THIS DECISION:

 

Article 1

The Agreement between the European Union and the Swiss Confederation for the implementation of certain provisions of Council Decision 2008/615/JHA on deepening cross-border cooperation, in particular on combating terrorism and cross-border crime, of Council Decision 2008/616/JHA on the implementation of Decision 2008/615/JHA on deepening cross-border cooperation, in particular on the fight against terrorism and cross-border crime , and its annex, and Council Framework Decision 2009/905/JHA on accreditation of forensic service providers carrying out laboratory activities (6).

 

Article 2

The President of the Council shall, on behalf of the Union, carry out the notification provided for in Article 8(1) of the Agreement (7).

 

Article 3

This Decision will enter into force on the day of its adoption.

 

Done at Brussels, December 12, 2022.

 

For the advice

 

President

Z. NEKULA

 

Grades

(1) Approval of December 17, 2019 (not yet published in the Official Gazette).

(2) Council Decision (EU) 2019/1187 of 6 June 2019 on the signature, on behalf of the European Union, and the provisional application of certain provisions of the Agreement between the European Union and the Swiss Confederation for the application of certain provisions of Council Decision 2008/615/JHA on deepening cross-border cooperation, in particular in the field of combating terrorism and cross-border crime, of Council Decision 2008/616/JHA on the implementation of Decision 2008/615/JHA on deepening cross-border cooperation, in particular in the fight against terrorism and cross-border crime, and its annex, and Council Framework Decision 2009/905/JHA on accreditation of forensic service providers carrying out laboratory activities (OJ L 187, 12.7.2019, p. 1).

(3) Council Decision 2008/615/JHA of 23 June 2008 on deepening cross-border cooperation, in particular in the fight against terrorism and cross-border crime (OJ L 210, 6.8.2008, p . 1).

(4) Council Decision 2008/616/JHA of 23 June 2008 on the implementation of Decision 2008/615/JHA on deepening cross-border cooperation, in particular on the fight against terrorism and cross-border crime (OJ L 210, 6.8.2008, p. 12).

(5) Council Framework Decision 2009/905/JHA of 30 November 2009 on accreditation of forensic service providers carrying out laboratory activities (OJ L 322, 9.12.2009, p. 14).

(6) The text of the Agreement was published in OJ L 187 of 12.7.2019, p. 3, together with the Decision relating to its signature.

(7) The General Secretariat of the Council will be responsible for publishing in the Official Journal of the European Union the date of entry into force of the Agreement.

You can download the electronic file from here.