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Council Decision 2008/615/JHA of 23 June 2008 on the… CHAPTER 7 — IMPLEMENTING AND FINAL PROVISIONS

Article 33–Article 37 · 5 articles

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Implementing measures

Article 33

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.

Costs

Article 34

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.

Relationship with other instruments

Article 35

1.   For the Member States concerned, the relevant provisions of this Decision shall be applied instead of the corresponding provisions contained in the Prüm Treaty. Any other provision of the Prüm Treaty shall remain applicable between the contracting parties of the Prüm Treaty. 2.   Without prejudice to their commitments under other acts adopted pursuant to Title VI of the Treaty: (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. 3.   The agreements and arrangements referred to in paragraphs 1 and 2 may not affect relations with Member States which are not parties thereto. 4.   Within four weeks of this Decision taking effect Member States shall inform the Council and the Commission of existing agreements or arrangements within the meaning of paragraph 2(a) which they wish to continue to apply. 5.   Member States shall also inform the Council and the Commission of all new agreements or arrangements within the meaning of paragraph 2(b) within three months of their signing or, in the case of instruments which were signed before adoption of this Decision, within three months of their entry into force. 6.   Nothing in this Decision shall affect bilateral or multilateral agreements or arrangements between Member States and third States. 7.   This Decision shall be without prejudice to existing agreements on legal assistance or mutual recognition of court decisions.

Implementation and declarations

Article 36

1.   Member States shall take the necessary measures to comply with the provisions of this Decision within one year of this Decision taking effect, with the exception of the provisions of Chapter 2 with respect to which the necessary measures shall be taken within three years of this Decision and the Council Decision on the implementation of this Decision taking effect. 2.   Member States shall inform the General Secretariat of the Council and the Commission that they have implemented the obligations imposed on them under this Decision and submit the declarations foreseen by this Decision. When doing so, each Member State may indicate that it will apply immediately this Decision in its relations with those Member States which have given the same notification. 3.   Declarations submitted in accordance with paragraph 2 may be amended at any time by means of a declaration submitted to the General Secretariat of the Council. The General Secretariat of the Council shall forward any declarations received to the Member States and the Commission. 4.   On the basis of this and other information made available by Member States on request, the Commission shall submit a report to the Council by 28 July 2012 on the implementation of this Decision accompanied by such proposals as it deems appropriate for any further development.

Application

Article 37

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

Back to Council Decision 2008/615/JHA of 23 June 2008 on the… — full text

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Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.

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