DECISION No 1/2021 OF THE SPECIALISED COMMITTEE ESTABLISHED BY ARTICLE 8(1)(R) OF THE TRADE AND COOPERATION AGREEMENT BETWEEN THE EUROPEAN UNION AND THE EUROPEAN ATOMIC ENERGY COMMUNITY, OF THE ONE PART, AND THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, OF THE OTHER PART,

of 28 September 2021

as regards the extension of the period referred to in Article 540(3) during which DNA profiles and dactyloscopic data can be exchanged with the United Kingdom [2021/1946] (1)

THE SPECIALISED COMMITTEE ON LAW ENFORCEMENT AND JUDICIAL COOPERATION,

Having regard to the Trade and Cooperation Agreement between the European Union and the European Atomic Energy Community, of the one part, and the United Kingdom of Great Britain and Northern Ireland, of the other part (the ‘Trade and Cooperation Agreement’), and in particular Article 540(3) thereof,

Whereas:

(1) The Trade and Cooperation Agreement was signed on 30 December 2020, applied provisionally from 1 January 2021 and entered into force on 1 May 2021.

(2) Pursuant to paragraph 3 of Article 540 of the Trade and Cooperation Agreement, the Parties agreed that Member States may supply to the United Kingdom personal data as referred to in Articles 530, 531, 534 and 536 until the date or dates determined by the Union in accordance with paragraph 2 of Article 540, but not longer than nine months after the entry into force of the Trade and Cooperation Agreement. The Specialised Committee on Law Enforcement and Judicial Cooperation may extend this period once by a maximum of nine months.

(3) The evaluations required under Article 540 will not be completed by 30 September 2021. In order to allow Member States to continue to supply to the United Kingdom personal data as referred to in Articles 530, 531, 534 and 536 from 1 October 2021 pending the completion of the evaluations, it is appropriate for the Specialised Committee on Law Enforcement and Judicial Cooperation to extend the period provided for in paragraph 3 of Article 540 by nine months to 30 June 2022.

HAS ADOPTED THIS DECISION:

Article 1

The period during which Member States may continue to supply, to the United Kingdom, personal data as referred to in Articles 530, 531 and 534 of the Trade and Cooperation Agreement, and supply to the United Kingdom further available personal data and other information as referred to in Article 536 of the Trade and Cooperation Agreement is extended until 30 June 2022.

Article 2

This Decision shall enter into force on the date of its adoption.

Done at Brussels and London, 28 September 2021.

For the Specialised Committee on Law Enforcement and Judicial Cooperation

The Co-chairs

Chris JONES

Stephen RYAN

Bruno GENCARELLI

(1)  Pursuant to Rule 9(2) of Annex 1 of the Trade and Cooperation Agreement, the Secretariat shall record any decision or recommendation under a serial number and with a reference to the date of its adoption.