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Council Decision 2008/616/JHA of 23 June 2008 on the… CHAPTER 7 — FINAL PROVISIONS

Article 18–Article 24 · 7 articles

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

Annex and Manual

Article 18

1.   Further details concerning the technical and administrative implementation of Decision 2008/615/JHA are set out in the Annex to this Decision. 2.   A Manual shall be prepared and kept up to date by the General Secretariat of the Council, comprising exclusively factual information provided by the Member States through declarations made pursuant to Decision 2008/615/JHA or this Decision or through notifications made to the General Secretariat of the Council. The Manual shall be in the form of a Council Document.

Independent data protection authorities

Article 19

Member States shall, in accordance with Article 18(2) of this Decision, inform the General Secretariat of the Council of the independent data protection authorities or the judicial authorities as referred to in Article 30(5) of Decision 2008/615/JHA.

Preparation of decisions as referred to in Article 25(2) of Decision 2008/615/JHA

Article 20

1.   The Council shall take a decision as referred to in Article 25(2) of Decision 2008/615/JHA on the basis of an evaluation report which shall be based on a questionnaire. 2.   With respect to the automated data exchange in accordance with Chapter 2 of Decision 2008/615/JHA, the evaluation report shall also be based on an evaluation visit and a pilot run that shall be carried out when the Member State concerned has informed the General Secretariat in accordance with the first sentence of Article 36(2) of Decision 2008/615/JHA. 3.   Further details of the procedure are set out in Chapter 4 of the Annex to this Decision.

Evaluation of the data exchange

Article 21

1.   An evaluation of the administrative, technical and financial application of the data exchange pursuant to Chapter 2 of Decision 2008/615/JHA, and in particular the use of the mechanism of Article 15(5), shall be carried out on a regular basis. The evaluation shall relate to those Member States already applying Decision 2008/615/JHA at the time of the evaluation and shall be carried out with respect to the data categories for which data exchange has started among the Member States concerned. The evaluation shall be based on reports of the respective Member States. 2.   Further details of the procedure are set out in Chapter 4 of the Annex to this Decision.

Relationship with the Implementing Agreement of the Prüm Treaty

Article 22

For the Member States bound by the Prüm Treaty, the relevant provisions of this Decision and the Annex hereto once fully implemented shall apply instead of the corresponding provisions contained in the Implementing Agreement of the Prüm Treaty. Any other provisions of the Implementing Agreement shall remain applicable between the contracting parties of the Prüm Treaty.

Implementation

Article 23

Member States shall take the necessary measures to comply with the provisions of this Decision within the periods referred to in Article 36(1) of Decision 2008/615/JHA.

Application

Article 24

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

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