Framework decision 2009/905 - Accreditation of forensic service providers carrying out laboratory activities - Main contents
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Council framework Decision 2009/905/JHA of 30 November 2009 on Accreditation of forensic service providers carrying out laboratory activities| Legal instrument | Framework decision |
|---|---|
| Number legal act | Framework decision 2009/905 |
| CELEX number i | 32009F0905 |
| Document | 30-11-2009 |
|---|---|
| Publication in Official Journal | 09-12-2009; Special edition in Croatian: Chapter 19 Volume 006,OJ L 322, 9.12.2009 |
| Effect | 29-12-2009; Entry into force Date pub. + 20 See Art 8 |
| End of validity | 31-12-9999 |
9.12.2009 |
EN |
Official Journal of the European Union |
L 322/14 |
COUNCIL FRAMEWORK DECISION 2009/905/JHA
of 30 November 2009
on Accreditation of forensic service providers carrying out laboratory activities
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 30(1)(a) and (c) and Article 34(2)(b) thereof,
Having regard to the initiative of the Kingdom of Sweden and the Kingdom of Spain (1),
Having regard to the opinion of the European Parliament,
Whereas:
(1) |
The European Union has set itself the objective of maintaining and developing the Union as an area of freedom, security and justice; a high level of safety is to be provided by common action among the Member States in the field of police and judicial cooperation in criminal matters. |
(2) |
That objective is to be achieved by preventing and combating crime through closer cooperation between law enforcement authorities in the Member States, while respecting the principles and rules relating to human rights, fundamental freedoms and the rule of law on which the Union is founded and which are common to the Member States. |
(3) |
Exchange of information and intelligence on crime and criminal activities is crucial for the possibility for law enforcement authorities to successfully prevent, detect and investigate crime or criminal activities. Common action in the field of police cooperation under Article 30(1)(a) of the Treaty entails the need to process relevant information which should be subject to appropriate provisions on the protection of personal data. |
(4) |
The intensified exchange of information regarding forensic evidence and the increased use of evidence from one Member State in the judicial processes of another, highlights the need to establish common standards for forensic service providers. |
(5) |
Information originating from forensic processes in one Member State may currently be associated with a level of uncertainty in another Member State regarding the way in which an item has been handled, what methods have been used and how the results have been interpreted. |
(6) |
In point 3.4 (h) of the Council and Commission Action Plan implementing The Hague Programme on strengthening freedom, security and justice in the European Union (2) Member States stressed the need for a definition of the quality standards of forensic laboratories by 2008. |
(7) |
It is particularly important to introduce common standards for forensic service providers relating to such sensitive personal data as DNA profiles and dactyloscopic data. |
(8) |
Pursuant to Article 7(4) of Council Decision 2008/616/JHA of 23 June 2008 on the implementation of Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (3), Member States shall take the necessary measures to guarantee the integrity of DNA profiles made available or sent for comparison to other Member States and to ensure that these measures comply with international standards, such as EN ISO/IEC 17025 ‘General requirements for the competence of testing and calibration laboratories’ (hereinafter ‘EN ISO/IEC 17025’). |
(9) |
DNA profiles and dactyloscopic data are not only used in criminal proceedings but are also crucial for the identification of victims, particularly after disasters. |
(10) |
The accreditation of forensic service providers carrying out laboratory activities is an important step towards a safer and more effective exchange of forensic information within the Union. |
(11) |
Accreditation is granted by the national accreditation body which has exclusive competence to assess if a laboratory meets the requirements set by harmonised... |
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