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Council Decision 2009/917/JHA of 30 November 2009 on the… CHAPTER VII — OPERATION AND USE OF THE CUSTOMS FILES IDENTIFICATION DATABASE

Article 16–Article 18 · 3 articles

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

Article 16

1.   Data from investigation files will be entered into the customs files identification database only for the purposes set out in Article 15(2). The data shall only cover the following categories: (a) a person or a business which is or has been the subject of an investigation file opened by a competent authority of a Member State, and which: (i) in accordance with the national law of the Member State concerned, is suspected of committing or having committed, or participating or having participated in the commission of, a serious infringement of national laws; (ii) has been the subject of a report establishing that such an infringement has taken place; or (iii) has been the subject of an administrative or judicial sanction for such an infringement; (b) the field covered by the investigation file; (c) the name, nationality and contact information of the Member State’s authority handling the case, together with the file number. Data referred to in points (a) to (c) shall be entered in a data record separately for each person or business. Links between data records shall not be permitted. 2.   The personal data referred to in paragraph 1(a) shall consist of only the following: (a) for persons: name, maiden name, forenames, former surnames and aliases, date and place of birth, nationality and sex; (b) for businesses: business name, name under which trade is conducted, address, VAT identifier and excise duties identification number. 3.   Data shall be entered for a limited period in accordance with Article 19.

Article 17

A Member State shall not be obliged to make entries pursuant to Article 16 in any particular case if, and for such time as, this would harm public policy or other essential interests, especially as this would present an immediate and serious threat to its public security or to the public security of another Member State or a third country; or where other essential interests of equal importance are at stake; or where such entries could pose serious harm to the rights of individuals or would prejudice an ongoing investigation.

Article 18

1.   Entry of data in the customs files identification database and consultation thereof shall be reserved to the authorities referred to in Article 15(2). 2.   Any consultation concerning the customs files identification database shall cover the following personal data: (a) for persons: forename, and/or name, and/or maiden name, and/or former surnames, and/or aliases, and/or date of birth; (b) for businesses: business name, and/or name under which trade is conducted, and/or address, and/or VAT identifier, and/or excise duties identification number.

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