Germans plot deal with EU allies on police data

Germany is planning to use special treaty rules for the first time ever to form an elite group of member states to share data among police forces.

The country plans to use the possibility of ‘enhanced co-operation’ provided by the Nice treaty when it takes over the presidency of the EU in January to allow data on DNA, fingerprints and motor vehicle registration information to be exchanged among member states. This type of exchange is already allowed under an agreement brokered outside the EU last year between several member states, known as the Treaty of Prüm.

The German interior ministry has said it would like to "incorporate its provisions into the legal framework of the EU". While Berlin would like to see all 27 member states signing up to this proposal, if that is not possible it would seek other options for introducing it including enhanced co-operation, though there are strict criteria as to how that can be done.

According to the Nice treaty, the Council of Ministers must approve its use by weighted voting and the European Commission must examine whether the proposal meets "the aim of enabling the Union to develop more rapidly into an area of freedom, security and justice". A minimum of eight states must sign up for the mechanism, though the Treaty of Prüm already has seven signatories (Belgium, Germany, Spain, France, Luxembourg, the Netherlands and Austria) and another four have said they want to join.

But the Commission has already put forward a proposal that would go further than the Treaty of Prüm on allowing the sharing of data among EU police forces. This would give all member states the same right of access to each other’s data, whereas in Prüm the information remains the property of the state. The Commission would also allow more information to be exchanged than is allowed under Prüm.

By forcing Prüm onto the EU agenda, some member states could be avoiding the Commission’s plan. "The Prüm initiative was taken by some member states who want to keep sovereignty on data exchange," said Thierry Balzacq, research fellow with the Centre for European Policy Studies.

Some fear that enhanced co-operation would lead to a two-speed Europe involving states in favour of deeper integration and those preferring to opt out. Those opposed to giving up sovereignty on justice issues and smaller member states may have concerns about the triggering of this mechanism, in that they may be forced to adopt proposals or risk being left out. Others are worried it could be used as a way of getting around opposition from some member states to further integration in justice matters instead of changing the decision-making process by lifting national vetoes. "This will set a precedent and sets a bad example that others will follow. Do we really need a third pillar [where national vetoes apply]?" said German Liberal MEP Alexander Alvaro.

But some believe a two-speed Europe is already in existence and using enhanced co-operation would not necessarily change things. "A two-speed Europe is already a fact in that Schengen already excludes the UK," said UK Liberal MEP Andrew Duff.

Germany is planning to use special treaty rules for the first time ever to form an elite group of member states to share data among police forces.