(1) If the request for obtaining identification evidence for use in a member state under section 78 -
(a) is pursuant to Article 7 of the 2008 Council Decision or that Article insofar as it is applied by Article 1 of the 2009 Agreement with Iceland and Norway, and
(b) is for the DNA profile of a person who is suspected of having committed the offence concerned,
then, following compliance with section 79(1), this section shall apply to the request if the identification evidence sought pursuant to the request is not in the possession of the Garda Síochána.
(2) The Commissioner shall instruct a member of the Garda Síochána to inform the person whose DNA profile is sought pursuant to the request that -
(a) his or her DNA profile has been requested by the member state concerned for the purposes of criminal proceedings, or a criminal investigation, in that member state,
(b) if he or she consents to provide a DNA sample from which his or her DNA profile may be generated, the DNA profile w
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