17 SEPTEMBER 2005. - An Act to approve the Protocol established on the basis of section 43, paragraph 1^erof the Convention establishing a European Police Office (Europol Convention), amending the said Convention, made in Brussels on 27 November 2003 (1)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Protocol established on the basis of Article 43, paragraph 1^erof the Convention establishing a European Police Office (Europol Convention), amending the said Convention, made in Brussels on 27 November 2003, will come out its full and full effect.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 17 September 2005.
ALBERT
By the King:
Minister of Foreign Affairs,
K. DE GUCHT
For the Minister of Justice, absent,
A. FLAHAUT
The Minister of the Interior,
P. DEWAEL
Seal of the State Seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Notes
(1) Session 2004-2005.
Senate.
Documents. - Bill tabled on 13 April 2005, No. 3-1121/1. - Report, number 3-1121/2.
Annales parliamentarians. - Discussion and voting. Session of June 16, 2005.
House of Representatives.
Documents. - Project transmitted by the Senate, No. 51-1872/1. - Text adopted in plenary and subject to Royal Assent, No. 51-1872/2.
Annales parliamentarians. - Discussion and voting. Session of 7 July 2005.
Protocol established on the basis of Article 43, paragraph 1^erof the Convention establishing a European Police Office (Europol Convention), amending the said Convention
The High Contracting Parties to this Protocol, Contracting Parties to the Convention establishing a European Police Office (Europol Convention), Member States of the European Union,
Referring to the act of the Council of the European Union of 27 November 2003, Considering the following:
(1) It is necessary to revise the Europol Convention in the light of the debates that took place within the Council.
(2) It is necessary to give Europol the necessary support and to equip it with the means to enable it to effectively play its pivotal role in European police cooperation.
(3) It is necessary to make the necessary amendments to the Europol Convention to strengthen the operational support that Europol provides to the national police authorities.
(4) The European Council stressed that, as part of the cooperation between the authorities of the Member States, in investigations into cross-border criminal activities, Europol plays a key role in supporting crime prevention, as well as in the analysis and criminal investigations at the Union level. The European Council invited the Council to provide Europol with the necessary support,
agree to the following provisions:
ARTICLE 1
The Europol Convention is amended as follows: 1) Article 2 is replaced by the following text:
“Article 2 - Objective
1. Europol aims to improve, by the measures provided for in this Convention, within the framework of police cooperation between the Member States, in accordance with the Treaty on the European Union, the effectiveness of the competent authorities of the Member States and their cooperation with regard to the prevention and fight against serious forms of international crime, when there are concrete clues or that there is a reasonable reason to believe that a structure or criminal organization is involved and that two States For the purposes of this Convention, the following forms of crime are considered to be serious forms of international crime: offences committed or likely to be committed within the framework of terrorist activities that affect the life, physical integrity, liberty of persons and property, drug trafficking, illicit money-laundering activities, trafficking in nuclear and radioactive materials, illegal forms of immigration, trafficking in persons
2. On the proposal of the Board of Directors, the Council unanimously sets Europol's priorities for preventing and combating the serious forms of international crime within its mandate.
3. The competence of Europol for a form of crime or for specific aspects of a form of crime includes the offences associated with them. However, it does not cover primary offences in the area of money laundering, forms of crime for which Europol does not have jurisdiction under paragraph 1^er.
shall be considered to be related and taken into account in the manner specified in Articles 8 and 10:
- the offences committed to obtain the means to perpetuate the acts within the competence of Europol,
- offences committed to facilitate or consume the execution of acts within the scope of competence of Europol,
- offences committed to ensure impunity for acts within the scope of competence of Europol.
4. The “competent authorities” within the meaning of this Convention are all public bodies existing in the Member States, to the extent that they are competent in accordance with national legislation for the prevention and control of crime. »;
(2) Section 3 is amended to read:
(a) Paragraph 3 is replaced by the following:
“3. Within the framework of the objectives set out in Article 2, paragraph 1, Europol may also, depending on the staffing and budgetary resources available to it and within the limits set by the board of directors, assist the Member States by providing them with advice and research in particular in the following areas:
(1) training of members of the relevant services;
(2) the organization and equipment of these services by facilitating the provision of technical support among member states;
(3) methods of crime prevention;
4) technical and scientific police methods and investigative methods. »;
(b) the following paragraph is added:
“4. Without prejudice to the International Convention on the Prevention of Fake-up, signed on 20 April 1929 in Geneva, and its protocol, Europol also fulfils the function of point of contact of the European Union in its contacts with third States or organizations in the area of repression of the counterfeiting of the euro. »;
(3) Article 4 is amended to read:
(a) Paragraph 2 is replaced by the following:
“2. The national unit is the only liaison body between Europol and the competent national services. However, Member States may authorize direct contacts between their designated competent services and Europol subject to the conditions laid down by the Member State in question, including the prior intervention of the national unity.
At the same time, the national unit receives all information exchanged during direct contacts between Europol and the designated competent services. The relationship between national unity and the relevant services is governed by national law, including the relevant constitutional rules. »
(b) in paragraph 5, the words "as stated in Article K.2, paragraph 2, of the Treaty on the European Union" are replaced by the words "for the maintenance of public order and the safeguarding of internal security. »
(c) Paragraph 7 is replaced by the following:
« 7. The heads of national units meet periodically, on their own initiative or upon request, to assist Europol with their advice. »;
4) the following item is inserted:
« Article 6bis
Information processing by Europol
To carry out its missions, Europol may also process data to determine whether these data are useful for its missions and may be included in the computerized information collection system referred to in Article 6, paragraph 1^er.
The contracting parties gathered within the Council, ruling by a two-thirds majority, set the conditions for the processing of such data, in particular with regard to access to data and their use, as well as the time limits for the storage and deletion of data, which should not exceed six months, in accordance with the principles referred to in Article 14. The board of directors shall prepare the decision of the contracting parties and consult with the common control authority referred to in Article 24. »;
(5) Section 9 is amended to read:
(a) in paragraph 1^er, the first sentence is replaced by the following text:
“1. The right to enter directly and search for data in the information system is vested in national units, liaison officers, director, deputy directors and duly authorized Europol agents. »;
(b) the following paragraph is added:
“4. In addition to national units and persons referred to in paragraph 1^er, the competent services designated for this purpose by the Member States may also question the Europol information system. However, the answer will be limited to whether the data sought is available in the Europol information system. More information can then be obtained through the Europol national unit.
Information on designated competent services, including subsequent amendments, is transmitted to the General Secretariat of the Council, which publishes the information in the Official Journal of the European Union. »;
(6) Section 10 is amended to read:
(a) in paragraph 1, the introductory part shall be replaced by the following text:
“1. To the extent necessary to achieve the objectives referred to in Article 2, paragraph 1^er, Europol may, in addition to non-personal data, store, modify and use in other files data relating to offences within its jurisdiction, including data relating to related offences under Article 2, paragraph 3, second paragraph, for specific analytical work, which relate to: »;
(b) In paragraph 2, item (1) is replaced by the following:
"(1) Europol analysts and other agents, designated by the management of Europol; »;
(c) in paragraph 2, after item 2), the following paragraph is added:
"Only analysts are empowered to introduce data into the file and modify them; all participants can search for data in the file. »
(d) Paragraph 5 is replaced by the following:
« 5. To the extent that Europol is in law, within the framework of legal instruments of the European Union or international instruments, to interrogate by automated means other information systems, it may in this way seek personal data if necessary to enable it to perform its functions referred to in Article 3, paragraph 1^er, point 2. The use of this data by Europol is governed by the applicable provisions of these legal instruments of the European Union or these international instruments. »;
(e) in paragraph 8, the second sentence shall be replaced by the following:
"All dissemination or operational exploitation of a given information is decided by the Member State which has communicated the data to Europol. If the Member State in question cannot be determined, the decision on diffusion or operational exploitation is taken by those involved in the analysis. A member State or associate expert accessing an ongoing analysis may not, inter alia, disseminate or exploit the data without the prior agreement of the Member States concerned. »;
(f) the following paragraph is added:
“9. Europol may invite experts from third-party states or third-party organizations within the meaning of paragraph 4 to join in the activities of an analysis group, in cases where:
(1) an agreement is in force between Europol and the third State or agency and contains appropriate provisions relating to the exchange of information, including the transmission of personal data, as well as the confidentiality of information exchanged;
(2) the association of experts of the State or third party organization shall serve the interest of the Member States;
(3) the third State or agency is directly concerned by the analysis work; and
4) all participants within the meaning of paragraph 2 shall sign their agreement on the association of experts of the State or third party organization in the activities of the analysis group.
The association of experts of a third State or agency in the activities of an analysis group is subject to an arrangement between Europol and the third State or agency. The rules governing these arrangements shall be determined by the board of directors of two thirds of its members.
Arrangements between Europol and a third State or agency shall be communicated to the common control authority referred to in Article 24 so that the authority may make, to the attention of the board of directors, all such observations as it considers necessary. »;
7) Article 12 is replaced by the following text:
« Article 12 - File creation instruction
1. Any automated personal data file that Europol manages as part of its Article 10 functions is the subject of a creation instruction indicating:
1) the name of the file;
(2) the object of the file;
3) the categories of persons affected by the data it will contain;
(4) the type of data to be stored and, possibly, the strictly necessary data among those listed in Article 6, first sentence, of the Council of Europe Convention of 28 January 1981;
5) the different types of personal data allowing access to the entire file;
(6) the transfer or introduction of the data to be stored;
(7) the conditions under which personal data stored in the file may be transmitted, and to which recipients and according to which procedure;
(8) the time frame for verification of data and the duration of storage;
9) the method of establishing the minutes.
2. The board of directors and the common control authority set out in section 24 are immediately notified by the Director of Europol of the file creation instruction and receive communication of the file.
The common control authority may make, to the attention of the board of directors, all the observations it considers necessary. The Director of Europol may request the Joint Control Authority to comment within a specified time frame.
3. The board of directors may at any time invite the director of Europol to modify the creation instruction or to close the file. The Board of Directors shall decide on the date on which the amendment or closure will take effect.
4. The file cannot be retained for more than three years. However, before the expiry of the three-year period, Europol checks whether it is necessary to keep the file. When strictly necessary given the purpose of the file, the Europol director may decide to keep the file for a further three-year period. The procedure to be followed in this case is that provided for in paragraphs 1^er 3. »;
(8) Section 16 is replaced by the following text:
“Article 16
Data request control provisions
Europol sets up appropriate monitoring mechanisms to verify the legality of data requests addressed to the computerized data collection system provided for in articles 6 and 6bis.
The data thus collected can only be used for this purpose by Europol and the control authorities referred to in Articles 23 and 24 and are erased after six months, unless they are still necessary for ongoing control. The Board of Directors determines the details of these controls after hearing the common control authority. »;
9) Article 18, paragraph 1^er, point 3 is replaced by the following text:
"(3) this measure is admissible under general rules within the meaning of paragraph 2. These rules may, on an exceptional basis, provide for a derogation from point 2 when the Europol Director considers that the transmission of data is absolutely necessary to safeguard the essential interests of the Member States concerned within the framework of the Europol objectives or in order to prevent an imminent danger associated with a criminal offence. The Europol Director shall take into account in any circumstances the level of data protection provided in the State or the proceeding in question, in order to balance this level of protection and the above interests. »;
10) in section 21, paragraph 3 is replaced by the following text:
“3. The need to keep personal data of persons referred to in Article 10, paragraph 1 on an extended basis^er, is reviewed annually and this review is referred to. Such data shall not be retained in a file referred to in section 12 for a longer period than the file's lifetime. »;
11) in article 22, the following paragraph is added:
“4. The principles relating to the processing of information in this heading apply to data in hard copy files. »;
12) in Article 24, paragraph 6, the words "This is transmitted, in accordance with the procedure provided for in Part VI of the Treaty on the European Union, to the Council; » are replaced by the following text:
“This report is transmitted to the European Parliament and the Council; »;
13) in article 26, paragraph 3, the words "and title VI of the Treaty on the European Union" are deleted;
14) section 28 is amended to read:
(a) Item 1 is replaced by the following:
"(1) participates in the definition of Europol's priorities for the prevention and control of serious forms of international crime within its mandate (Article 2, paragraph 2); »;
(b) The following are inserted:
"3bis participates in setting data processing conditions to determine whether these data are useful for its missions and can be included in the computerized data collection system (Article 6bis); »
"4bis defines, by a two-thirds majority of its members, the rules governing arrangements for the association of experts of a country or a third party organization in the activities of an analytical group (Article 10, paragraph 9); »
(c) Item 7 is replaced by the following:
« 7. may invite the Europol Director to modify a file creation instruction or to close the file (Article 12, paragraph 3); »;
(d) the following point shall be inserted:
"14bis adopts, by a two-thirds majority of its members, rules providing access to Europol documents (Article 32bis); »;
(e) Item 22 is replaced by the following:
22. participates in the possible modification of this Convention or its annex (art. 43); »;
(f) Paragraph 10 is replaced by the following:
“10.” Given the priorities set by the Commission in accordance with Article 2, paragraph 2, and the updated information provided by the Director of Europol, referred to in Article 29, paragraph 3, item 6, the Board of Directors shall adopt each year unanimously:
1) a general report on Europol activities over the past year;
(2) a forecast report on Europol activities that takes into account the operational needs of the Member States and the budget and staffing implications of Europol.
These reports are submitted to the Council for information and approval. They are also transmitted by the Council to the European Parliament for information. »;
15) in article 29, paragraph 3:
- Item 6 is replaced by the following:
"6. periodic communication to the Board of Directors of updated information on the implementation of the priorities referred to in section 2, paragraph 2; »
- the following point is added:
"7 of all other tasks entrusted to it by the convention or by the board of directors. »;
16) to Article 30, paragraph 1^er, the terms “title VI” are deleted;
17) the following item is inserted:
“Article 32bis
Right of access to Europol documents
On the proposal of the Director of Europol, the Board of Directors, ruling by a two-thirds majority of its members, adopts rules providing access to Europol documents for any citizen of the Union, as well as any natural or legal person who resides or has its seat in a Member State, taking into account the principles and limits set out in the regulations of the European Parliament and the Council relating to the access of the public to the documents of the European Parliament, the Council and »
18) section 34 is replaced by the following text:
“Article 34
Information from the European Parliament
1. The Council shall consult with the European Parliament, in accordance with the consultation procedure provided for in the Treaty on the European Union, on any initiative of a Member State or proposal by the Commission concerning the adoption of a measure referred to in Article 10, paragraphs 1^er and 4, in section 18, paragraph 2, in section 24, paragraph 7, in section 26, paragraph 3, in section 30, paragraph 3, in section 31, paragraph 1^er, and in section 42, paragraph 2, or any possible amendments to the convention or its annex.
2. The Presidency of the Council or its representative may appear before the European Parliament for the purpose of examining the general issues related to Europol. The Presidency of the Council or its representative may be assisted by the Director of Europol. The Presidency of the Council or its representative shall take into account, vis-à-vis the European Parliament, obligations of reservation and protection of secrecy.
3. The obligations set out in this article are without prejudice to the rights of national parliaments and the general principles applicable to relations with the European Parliament under the Treaty on the European Union. »;
19) in article 35, paragraph 4, the following text is added:
"The five-year financial plan is forwarded to the Board. It is also communicated by the Council to the European Parliament for information. »;
20) in article 39, paragraph 4, the portion of the sentence beginning with the terms "of the Brussels Convention" is replaced by the following text:
"of Council Regulation (EC) No 44/2001 of 22 December 2000 concerning judicial jurisdiction, recognition and enforcement of civil and commercial decisions. »;
21) in section 42, the following paragraph is added:
“3. Europol establishes and maintains close cooperation with Eurojust, to the extent that it helps to carry out its tasks and achieve its objectives, taking into account the need to avoid duplication. The essential elements of this cooperation are agreed in accordance with this Agreement and its enforcement measures. »;
22) section 43 is amended to read:
(a) in paragraph 1^erthe terms "of Article K.1, item 9" are deleted;
(b) Paragraph 3 is replaced by the following:
“3. However, the Board, by unanimous decision, may decide, after consideration by the Board of Directors, to amend the schedule to the convention by adding other serious forms of international crime or by amending the definitions contained therein. »;
23) the schedule is amended to read:
(a) the title is replaced by the following:
"Appendix referred to in Article 2
List of other serious forms of international crime within the competence of Europol in addition to those already provided for in Article 2, paragraph 1, and in accordance with the objectives of Europol as set out in Article 2, paragraph 1^er; »
(b) the paragraph beginning with the words "In addition, pursuant to section 2, paragraph 2" is deleted;
(c) in the paragraph beginning with the words "With respect to the forms of crime listed in section 2, paragraph 2,", the words "section 2, paragraph 2" are replaced by the words "section 2, paragraph 1,";
(d) the following text is added after the words "signed in Strasbourg on 8 November 1990":
"- "drug trafficking": offences as listed in Article 3, paragraph 1^erthe United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 20 December 1988 and the provisions amending or replacing the Convention. »;
24) in Article 10, paragraphs 1^er and 4, in section 18, paragraph 2, in section 29, paragraphs 1^er and 6, in section 30, paragraph 3, in section 31, paragraph 1^erin section 35, paragraphs 5 and 9, in section 36, paragraph 3, in section 40, paragraph 1^erin section 41, paragraph 3, section 42, paragraph 2, and section 43, paragraph 1^er, the terms "according to the procedure set out in Title VI of the Treaty on the European Union" are deleted.
ARTICLE 2
1. The present protocol is adopted by the Member States in accordance with their respective constitutional rules.
2. The Member States shall notify the Secretary General of the Council of the European Union of the fulfilment of the constitutional procedures required for the adoption of this protocol.
3. This protocol comes into force ninety days after the notification referred to in paragraph 2, by the State which is a member of the European Union on the date of the adoption by the Council of the act establishing this protocol and which makes the last notification.
ARTICLE 3
If this protocol comes into force in accordance with Article 2, paragraph 3, before the protocol, established on the basis of Article 43, paragraph 1^erthe Convention establishing a European Police Office (Europol Convention), amending Article 2 and the Annex to this Convention 1 shall not enter into force in accordance with Article 2, paragraph 3, the latter Protocol shall be deemed to be repealed.
ARTICLE 4
1. This Protocol shall be open to the accession of any State which becomes a member of the European Union, if this Protocol has not entered into force on the date of the deposit of instruments of accession to the Europol Convention, in accordance with Article 46 of that Convention.
2. The instruments of accession to this Protocol shall be deposited together with the instruments of accession to the Europol Convention, in accordance with Article 46 thereof.
3. The text of the present protocol in the language of the adhering State, established by the Council of the European Union, is authentic.
4. If this protocol has not entered into force at the time of the expiry of the period referred to in Article 46, paragraph 4, of the Europol Convention, it shall enter into force with respect to the State adhering to the date of the entry into force of this Protocol, in accordance with Article 2, paragraph 3.
5. If this protocol comes into force in accordance with Article 2, paragraph 3, before the expiry of the period referred to in Article 46, paragraph 4, of the Europol Convention, but after the deposit of the instrument of accession referred to in paragraph 2, the Member State adheres to the Europol Convention as amended by this Protocol, in accordance with Article 46 of the Europol Convention.
ARTICLE 5
1. The Secretary General of the Council of the European Union is depositary of this protocol.
2. The depositary shall publish in the Official Journal of the European Union the status of adoptions and accessions and any other notification relating to this protocol.
Done in Brussels, 27 November 2003.
1) JOC 358 of 13 December 2000, p. 2.

Protocol established on the basis of Article 43, paragraph 1^erof the Convention establishing a European Police Office (Europol Convention), amending the said Convention, made in Brussels on 27 November 2003
For the consultation of the table, see image
This Protocol has not yet entered into force.