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EU: Council of the European Union: ECJ FRONTEX ANNULLMENT and EURODAC: LEAs access to database

07 October 2012

- ECJ-FRONTEX-Legal Service: Judgment of the Court of Justice of 5 September 2012 in Case C-355/10 (European Parliament v. Council of the European Union) - notion of essential and non-essential elements (pdf)

"By judgment of 5 September 2012, the Court (Grand Chamber) annulled Council Decision 2010/252/EU of 26 April 2010 supplementing the Schengen Borders Code as regards the surveillance of the sea external borders in the context of operational cooperation coordinated by the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union ("the contested Decision") on the grounds that it contains essential elements and that only the European Union legislature would have been entitled to adopt such a decision."

- EURODAC-LEA-ACCESS: Amended proposal for a Regulation of the European Parliament and of the Council on the establishment of EURODAC' for the comparison of fingerprints for the effective application of Regulation (EU) No […/…] (establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person) and to request comparisons with EURODAC data by Member States' law enforcement authorities and Europol for law enforcement purposes and amending Regulation (EU) No 1077/2011 establishing a European Agency for the operational management of large-scale IT systems in the area of freedom, security and justice (Recast version) (Doc no: 14519-12,109 pages, pdf)

Council position ready to go to COREPER prior to starting trilogue with the European Parliament.

- EURODAC-LEA ACCESS: As above: joint letter from the German, Finnish and Austrian delegations to the Chair of the Asylum Working Party (pdf)

Concerns prior access to PRUM data before using EURODAC (access to finger-prints). The documents explains the background to the revision of recital 26 re the requirement of the use of the Prum system prior to police access to Eurodac. The consequence of this wording is that the UK police could not have access to Eurodac unless the UK opted back in to the Prum Decision after the planned block opt-out, also Swiss police could not have such access either (on the other hand, the EU has a treaty with Norway and Iceland on Prum)