Council Common Position 2005/69/JHA of 24 January 2005 on exchanging certain data with Interpol

The purpose of this Common Position is to prevent and combat serious and organised crime, including terrorism, by ensuring that Member States take the measures necessary to improve cooperation between their competent law enforcement authorities and between them and such authorities in third Countries by exchanging passport data with Interpol.

For the purpose of this Common Position, the following definitions shall apply: 1. ‘Passport data’ shall mean data on issued and blank passports that are stolen, lost or misappropriated and formatted for integration in a specific information system. Passport data that will be exchanged with the Interpol database shall consist only of the passport number, country of issuance and the document type. 2. ‘Interpol database’ shall mean the Automatic Search Facility — Stolen Travel Document database managed by the International Criminal Police Organisation — Interpol. 3. ‘Relevant national database’ shall mean the police or judicial database or databases in a Member State that contain data on issued and blank passports that are stolen, lost or misappropriated.

1 The competent law enforcement authorities of the Member States shall exchange all present and future passport data with Interpol. They shall only share them with other Interpol members that ensure an adequate level of protection of personal data. It shall also be ensured that fundamental rights and liberties regarding the automatic processing of personal data shall be respected. Member States may decide that they shall only share their data with other Interpol members that have committed themselves to exchange at least the same data.

2 Each Member State may, subject to the requirements set forth in paragraph 1, agree with Interpol the modalities for exchanging all present passport data in its possession with Interpol. Such data are contained in the relevant national database, or in the SIS, if it participates.

3 Each Member State shall ensure that immediately after data have been entered in its relevant national database or in the SIS, if it participates, these data are also exchanged with Interpol.

4 Member States shall ensure that their competent law enforcement authorities will query the Interpol database for the purpose of this Common Position each time when appropriate for the performance of their task. Member States shall ensure that they set up the infrastructures required to facilitate consultation as soon as possible but at the latest by December 2005.

5 The exchange of personal data in compliance with the obligation laid down in this Common Position shall take place for the purpose set out in Article 1, ensuring an adequate level of protection of personal data in the relevant Interpol Member Country and the respect for fundamental rights and liberties regarding the automatic processing of personal data. To that end, Member States shall ensure that the exchange and sharing of data takes place on the appropriate conditions and subject to the above requirements.

6 Each Member State shall ensure that if a positive identification (hit) occurs against the Interpol database its competent authorities shall take action in accordance with their national law, e.g. verify, when appropriate, the correctness of the data with the country that introduced the data.

On the basis of information provided by the Member States, the Commission shall, by December 2005, submit a report to the Council on the operation of this Common Position. The Council shall assess the extent to which Member States comply with this Common Position and take the appropriate action.

This Common Position shall take effect on the date of its adoption.

This Common Position shall be published in the Official Journal of the European Union.