Criminal Justice (Forensic Evidence and DNA Database System) Act 2014

• (17) Closer police and judicial cooperation in criminal matters must go hand in hand with respect for fundamental rights, in particular the right to respect for privacy and to protection of personal data, to be guaranteed by special data protection arrangements, which should be tailored to the specific nature of different forms of data exchange. Such data protection provisions should take particular account of the specific nature of cross-border online access to databases. Since, with online access, it is not possible for the Member State administering the file to make any prior checks, a system ensuring post hoc monitoring should be in place.

• (18) The hit/no hit system provides for a structure of comparing anonymous profiles, where additional personal data is exchanged only after a hit, the supply and receipt of which is governed by national law, including the legal assistance rules. This set-up guarantees an adequate system of data protection, it being understood that the supply of personal data to another Member State requires an adequate level of data protection on the part of the receiving Member States.

• (19) Aware of the comprehensive exchange of information and data resulting from closer police and judicial cooperation, this Decision seeks to warrant an appropriate level of data protection. It observes the level of protection designed for the processing of personal data in the Council of Europe Convention of 28 January 1981 for the Protection of Individuals with regard to Automatic Processing of Personal Data, the Additional Protocol of 8 November 2001 to the Convention and the principles of Recommendation No R (87) 15 of the Council of Europe Regulating the Use of Personal Data in the Police Sector.

• (20) The data protection provisions contained in this Decision also include data protection principles which were necessary due to the lack of a Framework Decision on data protection in the Third Pillar. This Framework Decision should be applied to the entire area of police and judicial cooperation in criminal matters under the condition that its level of data protection is not lower than the protection laid down in the Council of Europe Convention for the Protection of Individuals with regard to automatic Processing of Personal Data of 28 January 1981 and its additional Protocol of 8 November 2001 and takes account of Recommendation No R (87) 15 of 17 September 1987 of the Committee of Ministers to Member States regulating the use of personal data in the police sector, also where data are not processed automatically.

• (21) Since the objectives of this Decision, in particular the improvement of information exchange in the European Union, cannot be sufficiently achieved by the Member States in isolation owing to the cross-border nature of crime fighting and security issues so that the Member States are obliged to rely on one another in these matters, and can therefore be better achieved at European Union level, the Council may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty establishing the European Community, to which Article 2 of the Treaty on European Union refers. In accordance with the principle of proportionality pursuant to Article 5 of the EC Treaty, this Decision does not go beyond what is necessary to achieve those objectives.

• (22) This Decision respects the fundamental rights and observes the principles set out in particular in the Charter of Fundamental Rights of the European Union,

HAS DECIDED AS FOLLOWS:

Chapter 1

GENERAL ASPECTS

Article 1

Aim and scope

By means of this Decision, the Member States intend to step up cross-border cooperation in matters covered by Title VI of the Treaty, particularly the exchange of information between authorities responsible for the prevention and investigation of criminal offences. To this end, this Decision contains rules in the following areas:

• (a) provisions on the conditions and procedure for the automated transfer of DNA profiles, dactyloscopic data and certain national vehicle registration data (Chapter 2);

• (b) provisions on the conditions for the supply of data in connection with major events with a cross-border dimension (Chapter 3);

• (c) provisions on the conditions for the supply of information in order to prevent terrorist offences (Chapter 4);

• (d) provisions on the conditions and procedure for stepping up cross-border police cooperation through various measures (Chapter 5).

Chapter 2

ONLINE ACCESS AND FOLLOW-UP REQUESTS

SECTION 1

DNA profiles

Article 2

Establishment of national DNA analysis files

Article 3

Automated searching of DNA profiles

Article 4

Automated comparison of DNA profiles

Article 5

Supply of further personal data and other information

Should the procedures referred to in Articles 3 and 4 show a match between DNA profiles, the supply of further available personal data and other information relating to the reference data shall be governed by the national law, including the legal assistance rules, of the requested Member State.

Article 6

National contact point and implementing measures

Article 7

Collection of cellular material and supply of DNA profiles

Where, in ongoing investigations or criminal proceedings, there is no DNA profile available for a particular individual present within a requested Member State’s territory, the requested Member State shall provide legal assistance by collecting and examining cellular material from that individual and by supplying the DNA profile obtained, if:

• (a) the requesting Member State specifies the purpose for which this is required;

• (b) the requesting Member State produces an investigation warrant or statement issued by the competent authority, as required under that Member State’s law, showing that the requirements for collecting and examining cellular material would be fulfilled if the individual concerned were present within the requesting Member State’s territory; and

• (c) under the requested Member State’s law, the requirements for collecting and examining cellular material and for supplying the DNA profile obtained are fulfilled.

SECTION 2

Dactyloscopic data

Article 8

Dactyloscopic data

For the purpose of implementing this Decision, Member States shall ensure the availability of reference data from the file for the national automated fingerprint identification systems established for the prevention and investigation of criminal offences. Reference data shall only include dactyloscopic data and a reference number. Reference data shall not contain any data from which the data subject can be directly identified. Reference data which is not attributed to any individual (unidentified dactyloscopic data) must be recognisable as such.

Article 9

Automated searching of dactyloscopic data

Article 10

Supply of further personal data and other information

Should the procedure referred to in Article 9 show a match between dactyloscopic data, the supply of further available personal data and other information relating to the reference data shall be governed by the national law, including the legal assistance rules, of the requested Member State.

Article 11

National contact point and implementing measures

SECTION 3

Vehicle registration data

Article 12

Automated searching of vehicle registration data

• (a) data relating to owners or operators; and

• (b) data relating to vehicles.

Searches may be conducted only with a full chassis number or a full registration number. Searches may be conducted only in compliance with the searching Member State’s national law.

Chapter 3

MAJOR EVENTS

Article 13

Supply of non-personal data

For the prevention of criminal offences and in maintaining public order and security for major events with a cross-border dimension, in particular for sporting events or European Council meetings, Member States shall, both upon request and of their own accord, in compliance with the supplying Member State’s national law, supply one another with any non-personal data required for those purposes.

Article 14

Supply of personal data

Article 15

National contact point

For the purposes of the supply of data as referred to in Articles 13 and 14, each Member State shall designate a national contact point. The powers of the national contact points shall be governed by the applicable national law.

Chapter 4

MEASURES TO PREVENT TERRORIST OFFENCES

Article 16

Supply of information in order to prevent terrorist offences

Chapter 5

OTHER FORMS OF COOPERATION

Article 17

Joint operations

Article 18

Assistance in connection with mass gatherings, disasters and serious accidents

Member States’ competent authorities shall provide one another with mutual assistance, in compliance with national law, in connection with mass gatherings and similar major events, disasters and serious accidents, by seeking to prevent criminal offences and maintain public order and security by:

• (a) notifying one another as promptly as possible of such situations with a cross- border impact and exchanging any relevant information;

• (b) taking and coordinating the necessary policing measures within their territory in situations with a cross-border impact;

• (c) as far as possible, dispatching officers, specialists and advisers and supplying equipment, at the request of the Member State within whose territory the situation has arisen.

Article 19

Use of arms, ammunition and equipment

Article 20

Protection and assistance

Member States shall be required to provide other Member States’ officers crossing borders with the same protection and assistance in the course of those officers’ duties as for their own officers.

Article 21

General rules on civil liability

Article 22

Criminal liability

Officers operating within another Member State’s territory under this Decision, shall be treated in the same way as officers of the host Member State with regard to any criminal offences that might be committed by, or against them, save as otherwise provided in another agreement which is binding on the Member States concerned.

Article 23

Employment relationship

Officers operating within another Member State’s territory, under this Decision, shall remain subject to the employment law provisions applicable in their own Member State, particularly as regards disciplinary rules.

Chapter 6

GENERAL PROVISIONS ON DATA PROTECTION

Article 24

Definitions and scope

• (a) "processing of personal data" shall mean any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organisation, storage, adaptation or alteration, sorting, retrieval, consultation, use, disclosure by supply, dissemination or otherwise making available, alignment, combination, blocking, erasure or destruction of data. Processing within the meaning of this Decision shall also include notification of whether or not a hit exists;

• (b) "automated search procedure" shall mean direct access to the automated files of another body where the response to the search procedure is fully automated;

• (c) "referencing" shall mean the marking of stored personal data without the aim of limiting their processing in future;

• (d) "blocking" shall mean the marking of stored personal data with the aim of limiting their processing in future.

Article 25

Level of data protection

Article 26

Purpose

• (a) establish whether the compared DNA profiles or dactyloscopic data match;

• (b) prepare and submit a police or judicial request for legal assistance in compliance with national law if those data match;

• (c) record within the meaning of Article 30.

The Member State administering the file may process the data supplied to it in accordance with Articles 3, 4 and 9 solely where this is necessary for the purposes of comparison, providing automated replies to searches or recording pursuant to Article 30. The supplied data shall be deleted immediately following data comparison or automated replies to searches unless further processing is necessary for the purposes mentioned under points (b) and (c) of the first subparagraph.

Article 27

Competent authorities

Personal data supplied may be processed only by the authorities, bodies and courts with responsibility for a task in furtherance of the aims mentioned in Article 26. In particular, data may be supplied to other entities only with the prior authorisation of the supplying Member State and in compliance with the law of the receiving Member State.

Article 28

Accuracy, current relevance and storage time of data

• (a) if they are not or no longer necessary for the purpose for which they were supplied; if personal data have been supplied without request, the receiving body shall immediately check if they are necessary for the purposes for which they were supplied;

• (b) following the expiry of the maximum period for keeping data laid down in the national law of the supplying Member State where the supplying body informed the receiving body of that maximum period at the time of supplying the data.

Where there is reason to believe that deletion would prejudice the interests of the data subject, the data shall be blocked instead of being deleted in compliance with national law. Blocked data may be supplied or used solely for the purpose which prevented their deletion.

Article 29

Technical and organisational measures to ensure data protection and data security

• (a) state-of-the-art technical measures are taken to ensure data protection and data security, in particular data confidentiality and integrity;

• (b) encryption and authorisation procedures recognised by the competent authorities are used when having recourse to generally accessible networks; and

• (c) the admissibility of searches in accordance with Article 30(2), (4) and (5) can be checked.

Article 30

Logging and recording: special rules governing automated and non-automated supply

• (a) the reason for the supply;

• (b) the data supplied;

• (c) the date of the supply; and

• (d) the name or reference code of the searching body and of the body administering the file.

• (a) only specially authorised officers of the national contact points may carry out automated searches or comparisons. The list of officers authorised to carry out automated searches or comparisons shall be made available upon request to the supervisory authorities referred to in paragraph 5 and to the other Member States;

• (b) each Member State shall ensure that each supply and receipt of personal data by the body administering the file and the searching body is recorded, including notification of whether or not a hit exists. Recording shall include the following information:

• (i) the data supplied;

• (ii) the date and exact time of the supply; and

• (iii) the name or reference code of the searching body and of the body administering the file.

The searching body shall also record the reason for the search or supply as well as an identifier for the official who carried out the search and the official who ordered the search or supply.

• (a) monitoring data protection;

• (b) ensuring data security.

The results of such checks shall be kept for inspection for 18 months by the independent data protection authorities. After this period, they shall be immediately deleted. Each data protection authority may be requested by the independent data protection authority of another Member State to exercise its powers in accordance with national law. The independent data protection authorities of the Member States shall perform the inspection tasks necessary for mutual cooperation, in particular by exchanging relevant information.

Article 31

Data subjects’ rights to information and damages

Article 32

Information requested by the Member States

The receiving Member State shall inform the supplying Member State on request of the processing of supplied data and the result obtained.

Chapter 7

IMPLEMENTING AND FINAL PROVISIONS

Article 33

Implementing measures

The Council, acting by a qualified majority and after Consulting the European Parliament, shall adopt measures necessary to implement this Decision at the level of the Union.

Article 34

Costs

Each Member State shall bear the operational costs incurred by its own authorities in connection with the application of this Decision. In special cases, the Member States concerned may agree on different arrangements.

Article 35

Relationship with other instruments

• (a) Member States may continue to apply bilateral or multilateral agreements or arrangements on cross-border cooperation which are in force on the date this Decision is adopted in so far as such agreements or arrangements are not incompatible with the objectives of this Decision;

• (b) Member States may conclude or bring into force bilateral or multilateral agreements or arrangements on cross-border cooperation after this Decision has entered into force in so far as such agreements or arrangements provide for the objectives of this Decision to be extended or enlarged.

Article 36

Implementation and declarations

Article 37

Application

This Decision shall take effect 20 days following its publication in the Official Journal of the European Union.

Done at Luxembourg, 23 June 2008.

For the Council

The President

I. JARC

SCHEDULE 3 Text of Agreement Between the European Union and Iceland and Norway on the Application of Council Decision 2008/615/JHA of 23 June 2008 and Council Decision 2008/616/JHA of 23 June 2008

Section 109

THE EUROPEAN UNION,

on the one hand, and

ICELAND,

and

NORWAY,

on the other hand,

hereinafter referred to as ‘the Contracting Parties’,

WISHING to improve police and judicial cooperation between the Member States of the European Union and Iceland and Norway, without prejudice to the rules protecting individual freedom,

CONSIDERING that current relationships between the Contracting Parties, in particular the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the latters’ association with the implementation, application and development of the Schengen acquis, demonstrate close cooperation in the fight against crime,

POINTING OUT the Contracting Parties’ common interest in ensuring that police cooperation between the Member States of the European Union and Iceland and Norway is carried out in a fast and efficient manner compatible with the basic principles of their national legal systems, and in compliance with the individual rights and principles of the European Convention for the Protection of Human Rights and Fundamental Freedoms, signed at Rome on 4 November 1950,

RECOGNISING that Council Framework Decision 2006/960/JHA of 18 December 2006¹ on simplifying the exchange of information and intelligence between law enforcement authorities of the Member States of the European Union already lays down rules whereby the law enforcement authorities of the Member States of the European Union and Iceland and Norway may exchange existing information and intelligence expeditiously and effectively for the purpose of carrying out criminal investigations or criminal intelligence operations,

RECOGNISING that, in order to stimulate international cooperation in this area, it is of fundamental importance that precise information can be exchanged swiftly and efficiently. The aim is to introduce procedures for promoting fast, efficient and inexpensive means of data exchange. For the joint use of data these procedures should be subject to accountability and incorporate appropriate guarantees as to the accuracy and security of the data during transmission and storage as well as procedures for recording data exchange and restrictions on the use of information exchanged,

CONSIDERING that Iceland and Norway have expressed their wish to enter into an agreement enabling them to apply certain provisions of Council Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime, and Council Decision 2008/616/JHA on the implementation of Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime, and the Annex thereto, in relations with each other and with the Member States of the European Union,

CONSIDERING that the European Union also considers it necessary to enter into such an agreement,

POINTING OUT that this Agreement therefore contains provisions which are based on the main provisions of Decision 2008/615/JHA and Decision 2008/616/JHA, and the Annex thereto, and are designed to improve the exchange of information whereby Member States of the European Union and Iceland and Norway grant one another access rights to their automated DNA analysis files, automated dactyloscopic identification systems and vehicle registration data. In the case of data from national DNA analysis files and automated dactyloscopic identification systems, a hit/no hit system should enable the searching State, in a second step, to request specific related personal data from the State administering the file and, where necessary, to request further information through mutual assistance procedures, including those adopted pursuant to Framework Decision 2006/960/JHA,

CONSIDERING that these provisions would considerably speed up existing procedures enabling Member States, Iceland and Norway to find out whether another State, and if so, which, has the information it needs,

CONSIDERING that cross-border data comparison will open up a new dimension in crime fighting. The information obtained by comparing data will open up new investigative approaches and thus play a crucial role in assisting States’ law enforcement and judicial authorities,

CONSIDERING that the rules are based on networking States’ national databases,

CONSIDERING that subject to certain conditions, States should be able to supply personal and non-personal data in order to improve the exchange of information with a view to preventing criminal offences and maintaining public order and security in connection with major events with a cross-border dimension,

RECOGNISING that in addition to improving the exchange of information, there is a need to regulate other forms of closer cooperation between police authorities, in particular by means of joint security operations (e.g. joint patrols),

CONSIDERING that closer police and judicial cooperation in criminal matters must go hand in hand with respect for fundamental rights, in particular the right to respect for privacy and to protection of personal data, to be guaranteed by special data protection arrangements, which should be tailored to the specific nature of different forms of data exchange. Such data protection provisions should take particular account of the specific nature of cross-border on- line access to databases. Since, with on-line access, it is not possible for the State administering the file to make any prior checks, a system ensuring post hoc monitoring should be in place,

CONSIDERING that the hit/no hit system provides for a structure of comparing anonymous profiles, where additional personal data is exchanged only after a hit, the supply and receipt of which is governed by national law, including the legal assistance rules. This set-up guarantees an adequate system of data protection, it being understood that the supply of personal data to another State requires an adequate level of data protection on the part of the receiving State,

AWARE OF the comprehensive exchange of information and data resulting from closer police and judicial cooperation, this Agreement seeks to warrant an appropriate level of data protection. It observes the level of protection designed for the processing of personal data in the Council of Europe Convention of 28 January 1981 for the Protection of Individuals with regard to Automatic Processing of Personal Data, the Additional Protocol of 8 November 2001 to the Convention and the principles of Recommendation No R (87) 15 of the Council of Europe Regulating the Use of Personal Data in the Police Sector,

TAKING AS A BASIS the mutual confidence of the Member States of the European Union and Iceland and Norway in the structure and operation of their legal systems,

RECOGNISING that the provisions of bilateral and multilateral agreements remain applicable for all matters not covered by this Agreement,

HAVE DECIDED TO CONCLUDE THIS AGREEMENT:

Article 1

Object and purpose

Article 2

Definitions

Article 3

Uniform application and interpretation

Article 4

Dispute settlement

Any dispute between either Iceland or Norway and a Member State regarding the interpretation or the application of this Agreement or of any of the provisions referred to in Article 1 and amendments thereto may be referred by a Party to the dispute to a meeting of representatives of the governments of the Member States and of Iceland and Norway, with a view to its speedy settlement.

Article 5

Amendments

Iceland and Norway shall decide independently whether to accept the content of the amendment and to implement it into their internal legal order. These decisions shall be notified to the depository within three months of the date of notification.

Article 6

Review

The Contracting Parties agree to carry out a common review of this Agreement no later than five years after its entry into force. The review shall in particular address the practical implementation, interpretation and development of the Agreement and shall also include issues such as the consequences of development of the European Union relating to the subject-matter of this Agreement.

Article 7

Relationship with other instruments

Article 8

Notifications, declarations and entry into force

On the basis of an overall evaluation report the Council, acting unanimously, shall determine the date or dates as from which personal data may be supplied by Member States to Iceland and Norway pursuant to this Agreement.

Article 9

Accession

Accession by new Member States to the European Union shall create rights and obligations under this Agreement between those new Member States and Iceland and Norway.

Article 10

Termination

Article 11

Depository

Done at Stockholm on 26 November 2009 and at Brussels on 30 November 2009 in a single original in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish, Icelandic and Norwegian languages, each text being equally authentic.

For the European Union

For the Republic of Iceland

For the Kingdom of Norway

Declaration to be adopted at the occasion of the Signature of the Agreement

The European Union and Iceland and Norway, signatories to the Agreement on the application of certain provisions of Council Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime and Council Decision 2008/616/JHA on the implementation of Council Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime, and the Annex thereto, (‘the Agreement’),

declare:

The implementation of the DNA, dactyloscopic and vehicle registration data exchange pursuant to the Agreement will require that Iceland and Norway set up bilateral connections for each of these data categories with each of the Member States.

To enable and facilitate this work, Iceland and Norway will be provided with all the available documentation, software products and contact lists.

Iceland and Norway will have the opportunity to set up an informal partnership with Member States that have already implemented such data exchange, with a view to sharing experiences and getting practical and technical support. The details of such partnerships are to be arranged in direct contacts with the Member States concerned.

The Icelandic and Norwegian experts can contact at any time the Presidency of the Council, the Commission and/or leading experts in these matters to obtain information, clarification or any other support. Similarly the Commission will, whenever in preparation of proposals or communications it contacts representatives of the Member States, avail itself of the opportunity to contact also representatives of Iceland and Norway.

Icelandic and Norwegian experts may be invited to attend on an ad hoc basis meetings where Member States’ experts discuss within the Council technical aspects of the DNA, dactyloscopic or vehicle registration data exchange which are directly relevant to the proper application of the content of the aforementioned Council Decisions by Iceland and/or Norway.

SCHEDULE 4 Text of Council Framework Decision 2009/905/JHA of 30 November 2009

Section 109

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article 30(1) (a) and (c) and Article 34(2) (b) thereof,

Having regard to the initiative of the Kingdom of Sweden and the Kingdom of Spain¹,

Having regard to the opinion of the European Parliament,

Whereas:

• (1) The European Union has set itself the objective of maintaining and developing the Union as an area of freedom, security and justice; a high level of safety is to be provided by common action among the Member States in the field of police and judicial cooperation in criminal matters.

• (2) That objective is to be achieved by preventing and combating crime through closer cooperation between law enforcement authorities in the Member States, while respecting the principles and rules relating to human rights, fundamental freedoms and the rule of law on which the Union is founded and which are common to the Member States.

• (3) Exchange of information and intelligence on crime and criminal activities is crucial for the possibility for law enforcement authorities to successfully prevent, detect and investigate crime or criminal activities. Common action in the field of police cooperation under Article 30(1) (a) of the Treaty entails the need to process relevant information which should be subject to appropriate provisions on the protection of personal data.

• (4) The intensified exchange of information regarding forensic evidence and the increased use of evidence from one Member State in the judicial processes of another highlights the need to establish common standards for forensic service providers.

• (5) Information originating from forensic processes in one Member State may currently be associated with a level of uncertainty in another Member State regarding the way in which an item has been handled, what methods have been used and how the results have been interpreted.

• (6) In point 3.4(h) of the Council and Commission Action Plan implementing The Hague Programme on strengthening freedom, security and justice in the European Union² Member States stressed the need for a definition of the quality standards of forensic laboratories by 2008.

• (7) It is particularly important to introduce common standards for forensic service providers relating to such sensitive personal data as DNA profiles and dactyloscopic data.

• (8) Pursuant to Article 7(4) of Council Decision 2008/616/JHA of 23 June 2008 on the implementation of Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime³, Member States shall take the necessary measures to guarantee the integrity of DNA profiles made available or sent for comparison to other Member States and to ensure that these measures comply with international standards, such as EN ISO/IEC 17025 ‘General requirements for the competence of testing and calibration laboratories’ (hereinafter ‘EN ISO/IEC 17025’).

• (9) DNA profiles and dactyloscopic data are not only used in criminal proceedings but are also crucial for the identification of victims, particularly after disasters.

• (10) The accreditation of forensic service providers carrying out laboratory activities is an important step towards a safer and more effective exchange of forensic information within the Union.

• (11) Accreditation is granted by the national accreditation body which has exclusive competence to assess if a laboratory meets the requirements set by harmonised standards. An accreditation body derives its authority from the State. Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products⁴ contains detailed provisions on the competence of such national accreditation bodies. Inter alia, Article 7 of that Regulation regulates cross-border accreditation in cases where accreditation may be requested from another national accreditation body.

• (12) The absence of an agreement to apply a common accreditation standard for the analysis of scientific evidence is a deficiency that should be remedied; it is, therefore, necessary to adopt a legally binding instrument on the accreditation of all forensic service providers carrying out laboratory activities. Accreditation offers the necessary guarantees that laboratory activities are performed in accordance with relevant international standards, in particular EN ISO/IEC 17025, as well as relevant applicable guidelines.

• (13) An accreditation standard allows any Member State to require, if it wishes, complementary standards in laboratory activities within its national jurisdiction.

• (14) Accreditation will help establish mutual trust in the validity of the basic analytic methods used. However, accreditation does not state which method to use, only that the method used has to be suitable for its purpose.

• (15) Any measure taken outside a laboratory is beyond the scope of this Framework Decision. For example, the taking of dactyloscopic data or measures taken at the scene of incident, the scene of crime or forensic analyses carried out outside laboratories are not included in its scope.

• (16) This Framework Decision does not aim to harmonise national rules regarding the judicial assessment of forensic evidence.

• (17) This Decision does not affect the validity, established in accordance with national applicable rules, of the results of laboratory activities carried out prior to its implementation, even if the forensic service provider was not accredited to comply with EN ISO/IEC 17025,

HAS ADOPTED THIS FRAMEWORK DECISION:

Article 1

Objective

Article 2

Scope

This Framework Decision shall apply to laboratory activities resulting in:

• (a) DNA-profile; and

• (b) dactyloscopic data.

Article 3

Definitions

For the purposes of this Framework Decision:

• (a) "laboratory activity" means any measure taken in a laboratory when locating and recovering traces on items, as well as developing, analysing and interpreting forensic evidence, with a view to providing expert opinions or exchanging forensic evidence;

• (b) "results of laboratory activities" means any analytical outputs and directly associated interpretation;

• (c) "forensic service provider" means any organisation, public or private, that carries out forensic laboratory activities at the request of competent law enforcement or judicial authorities;

• (d) "national accreditation body" means the sole body in a Member State that performs accreditation with authority derived from the State as referred to in Regulation (EC) No 765/2008;

• (e) "DNA-profile" means a letter or number code which represents a set of identification characteristics of the non-coding part of an analysed human DNA sample, i.e. the particular molecular structure at the various DNA locations (loci) ;

• (f) "dactyloscopic data" means fingerprint images, images of fingerprint latents, palm prints, palm print latents and templates of such images (coded minutiae).

Article 4

Accreditation

Member States shall ensure that their forensic service providers carrying out laboratory activities are accredited by a national accreditation body as complying with EN ISO/IEC 17025.

Article 5

Recognition of results

Article 6

Costs

Article 7

Implementation