Council Presidency Note on Integration of (parts of) the Prüm Treaty into the Union Legal Order

1. On 27 May 2005, the Kingdom of Belgium, the Federal Republic of Germany, the Kingdom of Spain, the French Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands and the Republic of Austria signed a Treaty on the stepping up of cross-border cooperation, particularly in combating terrorism, cross-border crime and illegal migration (the «Prüm Treaty»). Meanwhile, Italy, Portugal, Slovenia , Finland, Sweden and Romania have formally notified that they wish to join the Prüm Treaty.

2. Article 1(4) of the Prüm Treaty reads as follows: Within three years at most following entry into force of this Treaty, on the basis of an assessment of experience of its implementation, an initiative shall be submitted, in consultation with or on a proposal from the European Commission, in compliance with the provisions of the Treaty on European Union and the Treaty establishing the European Community, with the aim of incorporating the provisions of this Treaty into the legal framework of the European Union.

3. The German Presidency has therefore initiated the debate about the integration of the Prüm Treaty into the EU legal framework, starting by a discussion at the informal Ministers’ meeting on 15-16 January 2007. At that meeting, there was very broad support for the proposal, even though there were also some concerns about the costs of implementation and reservations about Article 25 (»Measures in the event of imminent danger»). Following further discussion, Member States shall inform the Presidency on their position, particularly which parts of the Prüm Treaty shall be integrated into the legal framework of the European Union (1st and 3rd pillar or only 3rd pillar) at the JHA Council on 15 February 2007.

Download at PDF format

Council Presidency Note on Integration of (parts of) the Prüm Treaty into the Union Legal Order