The Council published in August 6th a set of Decisions aiming to step up of cross-border cooperation, particularly in combating terrorism and cross-border crime. These Decisions include legal provisions to strengthen cross-border cooperation, specially in the domain of intelligence and share of information in cases of terrorism. They set out the basic principles and establish the administrative provisions.

In the Hague Programme for strengthening freedom, security and justice in the European Union of November 2004, the European Council set forth its conviction that for that purpose an innovative approach to the cross-border exchange of law enforcement information was needed. It also states that full use should be made of new technology and that there should also be reciprocal access to national databases

Aware of the comprehensive exchange of information and data resulting from closer police and judicial cooperation, the Council Decision 2008/615/JHA of June 23rd 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime seeks to warrant an appropriate level of data protection. Closer police and judicial cooperation in criminal matters must go hand in hand with respect for fundamental rights, in particular the right to respect for privacy and to protection of personal data.

In the process to adopt this Decision, the European Parliament supported in a non-binding report, the establishment of a closer cooperation between Member Satates in the fight against terrorism and cross-border criminality, but also highlighted the need to ensure certain rules on personal data protection. This Decision follows those principles of protection.

By means of this Decision, the Member States intend to step up cross-border cooperation in matters covered by Title VI of the Treaty, particularly the exchange of information between authorities responsible for the prevention and investigation of criminal offences. For that purpose, the Decision establish certain provisions in the following areas:

• Conditions and procedure for the automated transfer of DNA profiles, dactyloscopic data and certain national vehicle registration data: Member States will ensure the availability of reference data from their national DNA analysis files, and allow other MS's national contact points access to the reference data. This same principle applies to the national automated fingerprint identification systems and national vehicle registration data.
• Conditions for the supply of data in connection with major events with a cross-border dimension: For the prevention of criminal offences and in maintaining public order and security for major events with a cross-border dimension, in particular for sporting events or European Council meetings, Member States shall, both upon request and of their own accord, in compliance with the supplying Member State's national law, supply one another with any non-personal data required for those purposes, and also any personal data if there is a reason to believe that the data subjects will commit criminal offences
• Conditions for the supply of information in order to prevent terrorist offences: For the prevention of terrorist offences, Member States may, in compliance with national law, in individual cases, even without being requested to do so, supply other Member States' national contact points, with personal data and information in so far as is necessary because particular circumstances give reason to believe that the data subjects will commit criminal offences.
• Conditions and procedure for stepping up cross-border police cooperation through various measures.

For the purposes of the supply of data each Member State will designate a national contact point, whose powers will be governed by the applicable national law. A certain technical and operational measures are to be met in order to ensure data protection and data security.

Personal data supplied may be processed only by the authorities, bodies and courts with responsibility for a task related to the comparison of DNA profiles or dactyloscopic data match, to prepare and submit a police or judicial request for legal assistance or for the purpose of records. In particular, data may be supplied to other entities only with the prior authorisation of the supplying Member State and in compliance with the law of the receiving Member State.

This Decision also provides the principles and means to strengthen cooperation in areas such as the introduction of joint patrols and other joint operations, the rules for the use of arms, ammunition and equipment by officers who are involved in a joint operation in other Member State's territory, as well as provision regarding the criminal and civil liability of such officers or the general obligation for Member States to provide protection and assistance to other Member State's officers crossing borders with the same protection and assistance in the course of those officers' duties as for their own officers.

This Decision is complemented by Decision 2008/616/JHA, which lays down the necessary administrative and technical provisions for the implementation of Decision 2008/615/JHA, in particular as regards the automated exchange of DNA data, dactyloscopic data and vehicle registration data. Both Decision will enter into force days following its publication in the Official Journal of the European Union.

Finally, Decision 2008/617/JHA, lays down general rules and conditions to allow for special intervention units of one Member State to provide assistance and/or operate on the territory of another Member State in cases where they have been invited by the requesting Member State and have agreed to do so in order to deal with a crisis situation. The practical details and implementing arrangements completing this Decision will be agreed directly between the requesting Member State and the requested one. This Decision will enter into force on 23 December 2008.