Advanced Search

Law Approving The Following International Acts: A) The Convention, On The Basis Of Article K.3 Of The Treaty On European Union, On The Establishment Of A European Police Office (Europol Convention), Annex And Declarations, Made In Brussels L

Original Language Title: Loi portant assentiment aux actes internationaux suivants : a) la Convention, sur la base de l'article K.3 du Traité sur l'Union européenne, portant création d'un Office européen de police (Convention Europol), Annexe et Déclarations, faites à Bruxelles l

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
belgiquelex.be - Carrefour Bank of Legislation

12 JUIN 1998. - An Act to grant the following international acts: (a) the Convention, on the basis of Article K.3 of the Treaty on the European Union, establishing a European Police Office (Europol Convention), Annex and Declarations, made in Brussels on 26 July 1995; (b) the Protocol, based on Article K.3 of the Treaty on the European Union, concerning the pre-judicial interpretation by the Court of Justice of the European Communities of the Convention establishing a European Police Office and Declarations, held in Brussels on 24 July 1996; (c) and the Protocol establishing on the basis of Article K.3 of the Treaty on the European Union and Article 41, paragraph 3, of the Europol Convention, the privileges and immunities of Europol, the members of its organs, its deputy directors and its agents, made in Brussels on 19 June 1997



(a) the Convention, on the basis of Article K.3 of the Treaty on the European Union, establishing a European Police Office (Europol Convention), Annex and Declarations, made in Brussels on 26 July 1995;
(b) the Protocol, based on Article K.3 of the Treaty on the European Union, concerning the pre-judicial interpretation by the Court of Justice of the European Communities of the Convention establishing a European Police Office and Declarations, held in Brussels on 24 July 1996;
(c) and the Protocol establishing on the basis of Article K.3 of the Treaty on the European Union and Article 41, § 3 of the Europol Convention, the privileges and immunities of Europol, the members of its organs, its deputy directors and its agents, made in Brussels on 19 June 1997 (1)
ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted in We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The following international acts will come out of their full effect:
(a) the Convention, on the basis of Article K.3 of the Treaty on the European Union, establishing a European Police Office (Europol Convention), Annex and Declarations, made in Brussels on 26 July 1995;
(b) the Protocol, based on Article K.3 of the Treaty on the European Union, concerning the pre-judicial interpretation by the Court of Justice of the European Communities of the Convention establishing a European Police Office and Declarations, made in Brussels on 24 July 1996;
(c) and the Protocol establishing, on the basis of Article K.3 of the Treaty on the European Union and Article 41, § 3, the Europol Convention, the deprived and immunities of Europol, the members of its organs, its deputy directors and its agents, made in Brussels on 19 June 1997.
Promulgate this law, order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 12 June 1998.
ALBERT
By the King:
Minister of Foreign Affairs,
E. DERYCKE
The Minister of the Interior,
L. TOBBACK
Minister of Justice,
T. VAN PARYS
State seal: Minister of Justice,
T. VAN PARYS

Notea
(1) Parliamentary references:
Session 1997-1998.
Senate.
Documents. - Bill tabled on March 31, 1998, No. 1-938/1. - Report, n°1-938/2. - Text adopted by the commission, no. 1-938/3.
Annales parliamentarians. - Discussion. Session of 3 June 1998. - Vote. Session of 4 June 1998.
Room.
Documents. - Project transmitted by the Senate, No. 1584/1. - Text adopted in plenary session and subject to Royal Assent, no. 1584/2.
Annales parliamentarians. - Discussion. Session of 11 June 1998. - Vote. Session of 11 June 1998.

Convention on the basis of Article K.3 of the Treaty on the European Union establishing a European Police Office (Europol Convention)
High Contracting Parties to this Convention, Member States of the European Union,
Referring to the act of the Council of the twenty-six July thousand nine hundred and ninety-five,
Aware of the urgent problems arising from terrorism, illicit drug trafficking and other serious forms of international crime,
Considering that progress is necessary to strengthen solidarity and cooperation between the Member States of the European Union, including by improving police cooperation among the Member States,
Considering that these progress must further improve the protection of public safety and order,
Considering that the establishment of a European Police Office (Europol) was agreed in the framework of the European Union Treaty of 7 February 1992,
Considering the decision of the European Council of 29 October 1993 under which Europol is located in the Netherlands and has its seat in The Hague,
Recalling the common objective of improving police cooperation in the field of terrorism, illicit drug trafficking and other serious forms of international crime through the exchange of permanent, safe and intensive information between Europol and the national units of the Member States,
Having understood that the forms of cooperation provided for in this Convention cannot affect other forms of bilateral or multilateral cooperation,
Convinced that the protection of the rights of the individual, including the protection of personal data, must be given special attention also in the field of police cooperation,
Considering that the activities of Europol contained in this Convention are carried out without prejudice to the competence of the European Communities and that Europol and the European Communities have a mutual interest, within the framework of the European Union, in establishing forms of cooperation enabling each of them to exercise their respective functions as effectively as possible;
The following provisions were agreed:
Contents:
Title I Creation and Functions
Article 1
Article 2 Objective
Article 3
Article 4 National units
Article 5 Liaison Officers
Article 6 Computerized system of compendiums of information.
Title II Information system
Article 7 Creation of the information system
Article 8 Content of the information system
Article 9 Right to access the information system
Title III Working Files for Analysis
Article 10 Collection, processing and use of personal data
Article 11 Index system
Article 12 File creation instruction
Part IV Common provisions relating to the processing of information
Article 13 Obligation to inform
Article 14 Data protection level
Article 15 Data protection responsibility
Article 16 Reporting Provisions
Article 17 Rules of use
Article 18 Transmitting data to third States and bodies
Article 19 Right of access
Article 20 Data Recovery and Clearance
Article 21 Timelines for the storage and deletion of files
Article 22 Retention and rectification of data in records
Article 23 National Control Authority
Article 24 Joint Inspection Authority
Article 25 Data security
Part V Legal status, organization and financial arrangements
Article 26 Legal capacity
Article 27 Europol bodies
Article 28 Board of Directors
Rule 29 Director
Article 30 Staff
Article 31 Confidentiality
Article 32 Reservation and confidentiality obligations
Article 33 Languages
Article 34 European Parliament information
Article 35 Budget
Article 36 Audit
Article 37 Headquarters Agreement
Part VI Liability and legal protection
Article 38 Liability of wrongful or incorrect data processing
Article 39 Other types of liability
Rule 40 Settlement of disputes and disputes
Article 41 Privileges and Immunities
Part VII Final provisions
Article 42 Relations with States and third-party bodies
Article 43 Amendment of the Convention
Article 44 Reservations
Article 45 Entry into force
Article 46 Accession of new member States
Article 47 Depositary
Annex referred to in Article 2
Statements
TITLE I. - Creation and functions
Article 1
Creation
1. The Member States of the European Union, hereafter referred to as "member states", create by this Convention a European Police Office, hereafter referred to as "Europol".
2. Europol is bound in each Member State to a single national unit created or designated in accordance with Article 4.
Article 2
Objective
1. Europol aims to improve, by the measures provided for in this Convention, within the framework of cooperation between the Member States, in accordance with Article K.1 point 9 of the Treaty on the European Union, the effectiveness of the competent services of the Member States and their cooperation with regard to the prevention and fight against terrorism, the illicit trafficking of narcotics and other serious forms of international crime, as long as concrete indices reveal the existence of
2. With a view to achieving progressively the objectives set out in paragraph 1, Europol has, first and foremost, the prevention and control of illicit trafficking in narcotic drugs, nuclear and radioactive materials, clandestine immigration channels, trafficking in human beings and trafficking in stolen vehicles.
Europol will also treat, no later than two years after the entry into force of this Convention, offences committed or likely to be committed in the context of terrorist activities that affect life, physical integrity, freedom of persons and property. The Council, by unanimous decision, in accordance with the procedure set out in Title VI of the Treaty on the European Union, may decide to charge Europol of these terrorist activities before the expiry of the deadline.
The Council, unanimous in accordance with the procedure set out in Title VI of the Treaty on the European Union, may decide to charge Europol to deal with other forms of crime among those listed in the annex to this Convention or specific aspects of these forms of crime. Before deciding, the Commission directs the board of directors to prepare its decision and to set out in particular the implications for the budget and staffing of Europol
3. The competence of Europol for a form of crime or for specific aspects of a form of crime includes at the same time:
(1) money laundering related to these forms of crime or their specific aspects;
(2) offences related to them.
shall be considered to be related and taken into account in the manner specified in Articles 8 and 10:
- offences committed to obtaining the means to perpetuate acts within the scope 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 relevant services 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.
5. The illicit trafficking in narcotic drugs referred to in paragraphs 1 and 2 is constituted by the offences listed in article 3, paragraph 1, of the United Nations Convention on the Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 20 December 1988 and in the provisions amending or replacing that Convention.
Article 3
Functions
1. Within the framework of the objectives defined in Article 2 paragraph 1, Europol shall fulfil the following functions as a priority:
1) facilitate the exchange of information between Member States;
(2) collect, collect and analyse information and information;
(3) by means of the national units defined in Article 4, to communicate promptly to the competent services of the Member States the information concerning them and to inform them immediately of the links between criminal acts;
(4) Facilitate investigations in member States by transmitting to national units all relevant information in this regard;
5) manage computerized data collection in accordance with Articles 8, 10 and 11.
2. In order to improve, through national units, the cooperation and effectiveness of the competent services of the Member States in the perspective of the objectives defined in Article 2 paragraph 1, Europol also performs the following other functions:
(1) deepen the specialized knowledge used in the investigation by the competent authorities of the Member States and provide advice on investigations;
(2) provide strategic information to facilitate and promote the effective and efficient use of national resources for operational activities;
3) develop general reports on the status of work.
3. Within the framework of the objectives set out in Article 2 (1), Europol may, in addition, depending on the staffing and budgetary resources available to it, and within the limits set by the Board of Directors, assist Member States with advice and research in the following areas:
(1) Training of members of the relevant services,
(2) organization and equipment of such services,
(3) Crime prevention methods,
4) technical and scientific police methods and investigative methods.
Article 4
National units
1. Each Member State shall establish or designate a national unit to perform the functions listed in this Article.
2. The national unit is the only liaison body between Europol and the competent national services. The relationship between national unity and the relevant services is governed by national law, including its constitutional rules.
3. Member States shall take all necessary measures to ensure the performance of the functions of the national unity and, in particular, the access of that unit to the appropriate national data.
4. The national units are:
1) to provide Europol, on their own initiative, with the information and information necessary for the performance of its functions;
2) to respond to requests for information, information and advice from Europol;
3) maintain the information and information;
(4) to use and disseminate, in accordance with national law, information and information for the benefit of the relevant services;
5) to address requests for advice, information, information and analysis to Europol;
6) to transmit to Europol information to be stored in computerized collections;
7) ensure respect for the law during each exchange of information between Europol and them.
5. Without prejudice to the exercise of the responsibilities of the Member States, as set out in Article K.2 paragraph 2 of the Treaty on the European Union, a national unit is not required, in a concrete case, to transmit the information and information referred to in paragraph 4 points 1, 2 and 6, as well as in Articles 8 and 10, if the transmission:
(1) Affects essential national security interests,
2) compromises the success of ongoing investigations or the safety of a person or
3) refers to information pertaining to specific services or activities of state security information.
6. The costs incurred by the national units for communication with Europol are borne by the Member States and, with the exception of connection fees, are not charged to Europol.
7. The heads of national units meet as necessary to assist Europol from their advice.
Article 5
Liaison Officers
1. Each national unit sends to Europol at least one liaison officer. The number of liaison officers that Member States may send to Europol is determined by a decision unanimously adopted by the Board of Directors; this decision may be amended at any time by the board of directors unanimously. Subject to the special provisions of this Convention, these officers are subject to the national law of the Member State of origin.
2. Liaison officers are responsible by their national unity to represent the interests of the latter within Europol in accordance with the national law of the Member State of origin and in accordance with the provisions applicable to the operation of Europol.
3. Subject to Article 4 paragraphs 4 and 5, liaison officers contribute, within the framework of the objectives set out in Article 2 paragraph 1, to the exchange of information between national units of origin and Europol, including:
1) by transmitting to Europol information from national units of origin,
2) by communicating to the national units of origin information from Europol, and
3) by cooperating with Europol agents by transmitting information and advising them for the analysis of information concerning the Member State of origin.
4. At the same time, liaison officers contribute, in accordance with national law and within the framework of the objectives set out in article 2 (1), to the exchange of information from national units and to the coordination of the measures arising therefrom.
5. To the extent necessary for the performance of the tasks referred to in paragraph 3, liaison officers are entitled to consult the various files according to the appropriate provisions and specified in the relevant articles.
6. Section 25 applies by analogy to the activity of liaison officers.
7. Without prejudice to the other provisions of this Convention, the rights and obligations of liaison officers with respect to Europol are unanimously decided by the board of directors.
8. Liaison officers shall enjoy the privileges and immunities necessary to perform their duties in accordance with Article 41(2).
9. The premises necessary for the activities of the liaison officers are provided free of charge to the Member States by Europol in the Europol building. All other charges related to the sending of liaison officers are borne by the Member States of origin; The same applies to the costs associated with their endowment in equipment, since, as part of the preparation of the Europol budget, the board of directors does not unanimously recommend an exemption in a particular case.
Article 6
Computerized system of data collection
1. Europol manages a computerized data collection system, which consists of the following:
1) the information system referred to in Article 7 whose content is limited and precisely defined and which allows for the rapid identification of information existing in the Member States and Europol,
(2) the working files referred to in Article 10 that are created for varying durations for analysis and contain detailed information and.
3) the index system that contains elements from the analysis files referred to in item 2, as defined in Article 11.
2. The computerized system of compendiums of information implemented by Europol must, in no case, be connected to other automated processing systems, with the exception of the automated processing system of national units.
PART II. - Information system
Article 7
Creation of the information system
1. In order to perform its functions, Europol creates and manages a computerized information system. Powered directly by Member States represented by national units and liaison officers, in accordance with their national procedures, and by Europol for data provided by third-party states and bodies and data resulting from analyses, the information system is directly accessible, in consultation, to national units, liaison officers, deputy directors and directors, as well as to duly authorized Europol agents.
Direct access of national units to the information system for persons referred to in Article 8 (1)er point 2 is limited to the only identity elements provided for in section 8, paragraph 2. All data are available to them, upon request, through liaison officers for the purposes of a specific investigation.
2. Europol:
1) is competent to ensure compliance with the provisions relating to the cooperation and management of the information system and
2) is responsible for the proper operation of the information system from the technical point of view and from the operational point of view. Europol takes in particular all the necessary steps to ensure the proper implementation of the measures provided for in articles 21 and 25 with regard to the information system.
3. In the Member States, it is the national unity that is responsible for communication with the information system. It is competent, in particular, for the security measures referred to in Article 25 applicable to the data processing facilities used in the territory of the Member State concerned, for the control referred to in Article 21 and, as long as the legislative, regulatory and administrative provisions and procedures of that Member State require it, for the proper execution of this Convention in any other area.
Article 8
Content of the information system
1. In the information system may be stored, modified and used only the data required for the performance of Europol's functions, with the exception of data concerning related offences under Article 2 paragraph 3 second paragraph. The data introduced are related to:
(1) persons who, under the national law of the Member State concerned, are suspected of committing an offence or participating in an offence under the jurisdiction of Europol in accordance with Article 2 or who have been convicted of such an offence,
(2) persons for whom certain serious facts justify, under national law, the presumption that they will commit offences under Europol's jurisdiction in accordance with Article 2.
2. Data relating to persons referred to in paragraph 1 may only include the following:
1) the name, birth name, first name and, if applicable, alias or borrowing name,
(2) the date and place of birth,
(3) nationality,
(4) sex,
5) if necessary, other elements to establish identity, including specific, objective and unalterable physical signs.
3. In addition to the data referred to in paragraph 2 and the mention of Europol or the national unit that has introduced the data, the following information regarding the persons referred to in paragraph 1 may be stored, modified and used in the information system:
(1) the offences, the facts charged with the dates and places,
(2) means used or likely to be used,
3) processing services and their file numbers,
4) suspicion of belonging to a criminal organization,
(5) Convictions, to the extent that they relate to offences under the jurisdiction of Europol under Article 2.
This data may also be introduced to the extent that they do not yet include references to individuals. To the extent that Europol itself introduces data, it also indicates its file number whether the data has been transmitted by third parties or results from its own analyses.
4. Additional information on the categories of persons referred to in paragraph 1 and held by Europol and national units may be provided upon request to any national unit and Europol. For national units, this communication is carried out in accordance with their national law.
In the event that this additional information is related to one or more related offences, as defined in Article 2 paragraph 3 second paragraph, the data stored in the information system is accompanied by an indication of the existence of related offences in order to allow national units and Europol to exchange information regarding related offences.
5. If the open procedure for the person concerned is permanently classified or if the person is acquitted, the data concerned by this decision must be deleted.
Article 9
Right to access the information system
1. The right to enter directly and search for data in the information system is reserved for national units, liaison officers, deputy directors and directors, as well as duly authorized Europol agents. The search for data is authorized to the extent that it is necessary to perform a specific task and is carried out in accordance with the legislative, regulatory and administrative provisions as well as the procedures of the unit that performs it, except as provided in this Convention.
2. Only the unit that has introduced the data is authorized to modify, correct or delete them. If a unit has reason to believe that data referred to in Article 8(2) are incorrect, or if it wants to complete it, it immediately informs the unit that has introduced it, which is required to immediately review this communication and, where appropriate, to amend, complete, correct or delete the data immediately. If the system contains data referred to in section 8, paragraph 3, concerning a person, each unit may introduce to supplement other data referred to in section 8, paragraph 3. If these data are in clear contradiction with each other, the units concerned agree with each other. If a unit intends to completely delete the data referred to in section 8, paragraph 2, that it has introduced in respect of a person and that data referred to in section 8, paragraph 3, relating to that person have been introduced by other units, the responsibility for the protection of the data referred to in section 15, paragraph 1, and the right to modify, supplement, rectify and delete the data referred to in paragraph 3 shall be The unit proposing to delete the data informs the unit to which the responsibility for data protection is transferred.
3. The unit that searches, introduces or modifies data in the information system is responsible for the legality of research, introduction or modification; This unit must be able to be identified. The transmission of information between the national units and the competent authorities of the Member States is governed by national law.
PART III. - Work files for analysis
Article 10
Collection, processing and use of personal data
1. Insofar as it is necessary to achieve the purposes referred to in Article 2 paragraph 1, Europol may, in addition to non-personal data, store, modify and use in other files data relating to offences falling within its jurisdiction in accordance with Article 2 paragraph 2, including data relating to the related offences provided for in Article 2 paragraph 3 second paragraph for specific analytical work, which relate to:
(1) persons referred to in Article 8 (1);
(2) persons who may be required to testify in the course of investigations into the offences under consideration or in subsequent criminal proceedings;
(3) persons who have been victims of any of the offences considered or for which there are certain facts that suggest that they may be victims of such an offence;
4) persons serving contacts or companions as well as
(5) persons who may provide information on the offences under consideration.
The collection, storage and processing of data that are listed in Article 6 first sentence of the Council of Europe Convention of 28 January 1981 on the protection of persons with respect to the automated processing of personal data are only allowed if they are strictly necessary in view of the purpose of the file concerned and if such data complete other personal data recorded in the same file. It is forbidden to select a particular category of persons from the only data in Article 6 first sentence of the Council of Europe Convention of 28 January 1981, in violation of the aforementioned rules of purpose.
The Council unanimously decides, in accordance with the procedure set out in Title VI of the Treaty on the European Union, the rules of application on the files prepared by the board of directors, which specify, inter alia, the indications relating to the categories of personal data provided for in this article and the provisions relating to the security of such data and the internal control of their use.
2. These files are created for the purposes of the analysis defined as the assembly, processing or use of data to support the criminal investigation. Each draft analysis entails the establishment of an analysis group that closely associates the following participants, in accordance with the functions and tasks defined in Article 3 paragraphs 1 and 2 and Article 5 (3):
1) Europol analysts and other agents, designated by the management of Europol. Only analysts are empowered to introduce and search data in the file;
(2) liaison officers and/or experts from member States who originate information or are involved in the analysis within the meaning of paragraph 6.
3. At the request of Europol or on their own initiative, the national units shall transmit to Europol, subject to Article 4 paragraph 5, all the information necessary to it to perform the functions described in Article 3 paragraph 1 point 2. Member States only transmit data if their treatment for the purpose of preventing, analysing or combating offences is also authorized by their national law.
Depending on their sensitivity, data from national units can be obtained directly by any appropriate means in the analysis groups, whether or not the liaison officers concerned.
4. If, in addition to the information referred to in paragraph 3, it appears justified that further information is required for Europol to perform the functions referred to in Article 3 paragraph 1 point 2, Europol may request:
(1) to the European Communities and public law bodies established under treaties establishing these Communities,
(2) other public law bodies established within the framework of the European Union,
3) to organizations that exist under an agreement between two or more member states of the European Union,
(4) to third States,
(5) to international organizations and public law bodies that fall within them;
(6) other public law bodies that exist under an agreement between two or more States, and
7) to the International Criminal Police Organization,
to transmit the relevant information by any appropriate means. It may also, under the same conditions and by the same means, accept it from these different bodies on their initiative. The Council, unanimous in accordance with the procedure set out in Title VI of the Treaty on the European Union, after consulting the board of directors, sets out the rules to be observed in this matter by Europol.
5. If Europol has obtained within the framework of other conventions the right to automatically interrogate other information systems, it may seek personal data in this way if it is necessary to enable it to perform the functions referred to in Article 3 paragraph 1 point 2.
6. If the analysis is of a general and strategic nature, all Member States, through liaison officers and/or experts, are fully associated with the results of the work, including through the communication of Europol reports.
If the analysis concerns specific cases not involving all Member States and has a direct operational purpose, the representatives of the following Member States shall participate:
(1) those who originate from the information that prompted the decision to create the analysis file or that are immediately concerned by them and those that the analysis group subsequently invites to join because they are also in the meantime concerned;
(2) those to whom the inspection of the index system reveals that they need to know about it and that they do so under the conditions defined in paragraph 7.
7. The authorized liaison officers claim this need to know. Each Member State shall designate and authorize a limited number of liaison officers. He sends the list to the board of directors.
In order to raise awareness of this need within the meaning of paragraph 6, the liaison officer shall, in a writing referred to by the hierarchical authority in his State and communicated to all participants in the analysis. He is then a full partner of the current analysis.
In the event of an objection within the analysis group, this full-law association is postponed the time of a conciliation procedure which may be three successive phases:
(1) the participants in the analysis shall endeavour to agree with the liaison officer who has indicated his need to know it; they have a maximum of eight days;
(2) if the disagreement persists, the heads of the national units concerned and the management of Europol meet within three days;
(3) If disagreement continues, representatives to the Europol Board of Directors of the parties concerned shall meet within eight days. If the Member State concerned does not waive its need to know it, its full-law association becomes effective by consensual decision.
8. The Member State that transmits a data to Europol is the only judge of its degree and its variation of sensitivity. Any dissemination or operational use of an analysis data is subject to consultation by participants in the analysis. A Member State that has access to an ongoing analysis cannot, inter alia, disseminate or exploit data without prior agreement from the Member States concerned.
Article 11
Index system
1. Europol is a data index system stored in the files referred to in Article 10 paragraph 1.
2. The director, deputy directors, duly authorized Europol agents and liaison officers are entitled to consult the index system. The index system must be such that it clearly reveals to the consultant liaison officer, on the basis of the data consulted, that the files referred to in Article 6, paragraph 1, item 2 and Article 10, paragraph 1, contain information concerning the member State of origin.
Access by liaison officers is defined in such a way that it allows to determine whether or not information is stored, but in such a way as to exclude any overlap or deduction with respect to file content.
3. The terms and conditions for the development of the index system are defined by the Board of Directors unanimously.
Article 12
File creation instruction
1. Any automated personal data file that it manages in accordance with Article 10 as part of its functions, must be subject to a creation instruction submitted to the approval of the Board of Directors by Europol, 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 limits for verification of data and the duration of storage,
9) the method of establishing the minutes.
The common control authority provided for in Article 24 is immediately notified by the Director of Europol of the draft instruction for the creation of such a file and receives communication of the file in order to make, to the attention of the board of directors, any observations that it considers necessary.
2. If, given the urgency, it is not possible to obtain the approval of the Board of Directors as provided for in paragraph 1, the Director, at his initiative or at the request of the Member States concerned, may, by reason of decision, decide to create a file. He simultaneously informs the board members. The procedure referred to in paragraph 1 must be initiated immediately and completed as soon as possible.
PART IV. - Common provisions
relating to the processing of information
Article 13
Obligation to inform
Europol shall forthwith communicate to national units and, at the request of them, to their liaison officers, information concerning their Member State, and the links that may have been established between offences that fall within the competence of Europol under Article 2. Information and information on other serious offences, of which Europol is aware in carrying out its tasks, may also be transmitted.
Article 14
Data protection level
1. As part of the application of this Convention, each Member State shall take, by the date of entry into force of the said Convention, with regard to the processing of personal data in files, the measures of domestic law necessary to guarantee a level of protection of data corresponding to at least that resulting from the application of the principles of the Council of Europe Convention of 28 January 1981, and shall take into account in this regard recommendation R(87)
2. The transmission of personal data provided for in this Convention shall only commence when, in the territory of each of the Member States participating in this transmission, the rules prescribed in paragraph 1 in the field of data protection shall enter into force.
3. During the collection, processing and use of personal data, Europol respects the principles of the Council of Europe Convention of 28 January 1981, and Recommendation R(87) 15 of the Committee of Ministers of the Council of Europe of 17 September 1987.
Europol also adheres to these principles for non-automated data held in the form of files, i.e. any structured set of personal data accessible according to specific criteria.
Article 15
Data protection responsibility
1. Subject to other provisions of this Agreement, the liability for data retained in Europol services, in particular with regard to the legality of the collection, transmission to Europol and the introduction, as well as the accuracy, timeliness of the data and the control of the retention periods, shall be:
1) the Member State that has introduced or transmitted the data,
2) to Europol with respect to data transmitted by third parties or resulting from Europol's analysis work.
2. In addition, subject to other provisions of this Agreement, Europol shall be liable for all data obtained and processed by Europol, whether in the information system referred to in Article 8, in the files created for the purposes of the analysis referred to in Article 10, in the index system referred to in Article 11 or in those of Article 14 paragraph 3.
3. Europol stores the data in such a way that we can identify the Member States or third parties that have transmitted them or recognize that they result from Europol's analysis work.
Article 16
Reporting provisions
On average, Europol reports for at least one in ten requests - and for each application made under the information system provided for in Article 7 - regarding personal data for the purpose of controlling its legality. The data contained in the reports can only be used for this purpose by Europol and by the control authorities referred to in Articles 23 and 24 and are deleted after six months unless they are necessary for ongoing control. The board of directors shall determine the details after hearing the common control authority.
Article 17
Rules of use
1. Personal data derived from the information system, index system or files created for analysis and data provided by any other appropriate means shall be transmitted or used only by the competent services of the Member States to prevent and combat crime within the competence of Europol and other serious forms of crime.
The use of the data referred to in the first paragraph is carried out in accordance with the law of the Member State under which the user services are concerned.
Europol can only use the data referred to in paragraph 1 to perform the functions provided for in Article 3.
2. If, for certain data, the issuing Member State or the third party proceeding referred to in Article 10 paragraph 4 indicates that they are subject in that Member State or to the third party to specific restrictions of use, these restrictions must also be respected by the user except in the particular case where national law requires to derogate from the restrictions of use for the benefit of the competent judicial authorities, the legislative institutions or any other independent body established by the law. In this case, the data can only be used after prior consultation of the issuing State whose interests and views must be taken into account as much as possible.
3. The use of data for other purposes or by other authorities than those referred to in Article 2 is only possible after the prior authorization of the Member State which has transmitted the data as long as the national law of that Member State permits.
Article 18
Data transmission to third-party states and bodies
1. Europol may transmit personal data retained by its services to third States and proceedings within the meaning of Article 10(4) and to the conditions laid down in paragraph 4 of this Article, when:
(1) This measure is necessary, in individual cases, for the prevention or control of offences under Europol's jurisdiction in accordance with Article 2,
(2) an adequate level of data protection is guaranteed in that State or body, and
(3) that measure is admissible under general rules within the meaning of paragraph 2.
2. The Council, acting in accordance with the procedure set out in Part VI of the Treaty on the European Union and taking into account the circumstances referred to in paragraph 3, unanimously decides the general rules for the transmission by Europol of personal data to third States and proceedings within the meaning of Article 10 (4). The Board of Directors shall prepare the Commission's decision and consult with the common control authority referred to in section 24.
3. The adequacy of the level of data protection offered by third-party states and bodies within the meaning of Article 10, paragraph 4, is appreciated taking into account all the circumstances involved in the transmission of personal data, including:
1) the data type,
(2) their purpose,
3) duration of treatment as well as
(4) general or particular provisions applicable to third States and proceedings within the meaning of Article 10 (4).
4. If the data concerned have been transmitted to Europol by a Member State, Europol can only transmit them to third States and bodies with the agreement of the Member State. The Member State may give, for this purpose, a preliminary agreement, general or not, revocable at any time.
If the data were not transmitted by a Member State, Europol ensures that their transmission is not of a nature to:
(1) prevent a Member State from performing duly the functions under its jurisdiction,
(2) threaten the security and public order of a Member State or risk harming it in any way.
5. Europol is responsible for the legal character of the transmission. It must take note of the transmission and its motive. The transmission is permitted only if the recipient undertakes to ensure that the data is used only for the purposes to which it was transmitted. This does not concern the transmission of personal data required by a Europol request.
6. When the transmission referred to in paragraph 1 concerns information that must be kept secret, it is permitted only if there is a secret protection agreement between Europol and the recipient.
Article 19
Right of access
1. Any person wishing to exercise his or her right to access the data concerning her, stored in Europol, or to have them checked, may, to this effect, make a request in any Member State of his or her choice free of charge to the competent national authority, which immediately seized Europol and advised the applicant that Europol would respond directly to her.
2. The application must be subject to full treatment by Europol within three months of its receipt by the competent national authority of the Member State.
3. The right of any person to access or verify the data concerning him or her in accordance with the law of the Member State to which he or she asserts it, taking into account the following provisions:
When the right of the seized Member State provides for the communication of data, it is refused to the extent necessary:
1) so that Europol can properly perform its functions,
(2) to protect the security of Member States and public order or to combat criminal offences,
3) to protect the rights and freedoms of third parties,
and, therefore, the interest of the person concerned in the communication of information cannot prevail.
4. The right to communication shall be exercised in accordance with paragraph 3 as follows:
1) for the data integrated in the information system defined in Article 8, their communication can only be decided if the Member State that has introduced the data and the Member States directly concerned by this communication have had, in advance, the opportunity to publicize their position which can go to the refusal of communication. The communicable data as well as the communication procedures are indicated by the Member State which has introduced the data;
(2) for data integrated by Europol in the information system, the Member States directly concerned with this communication must have had, in advance, the opportunity to publicize their position which can go to the refusal of communication;
(3) for the data incorporated in the working files for analysis defined in Article 10, their communication shall be subject to a consensus of Europol and of the member States participating in the analysis, within the meaning of Article 10(2), and of the member States directly concerned by that communication.
When one or more Member States or Europol have expressed their opposition to the data communication, Europol shall notify the applicant that it has conducted the verifications without giving any indication that it may reveal to him whether or not it is known.
5. The right to verification shall be exercised according to the following procedures:
When the applicable national law does not provide for data communication or if it is a simple request for verification, Europol, in close coordination with the relevant national authorities, conducts the audits and notify the applicant that it has conducted the audits, without giving indications that may reveal whether or not it is known.
6. In its response to a request for verification or access to data, Europol informs the applicant that it may appeal to the common control authority if it is not satisfied with the decision. The latter may also refer to the common control authority if the request has not been answered within the time limits set out in this section.
7. If the applicant appeals to the common control authority provided for in section 24, the authority shall be instructed by that authority.
When the appeal relates to the communication of data introduced by a Member State in the information system, the common control authority shall take its decision in accordance with the national law of the Member State to which the application was filed. The common control authority shall consult with the national supervisory authority or the competent jurisdiction of the Member State which is at the origin of the data. It shall conduct such verifications as may be necessary in order, inter alia, to determine whether the decision of refusal has taken place in accordance with the provisions of paragraph 3 and paragraph 4 1 of this article. In this case, the decision, up to the refusal of communication, is taken by the common control authority in close coordination with the national control authority or the competent court.
When the appeal concerns the communication of data introduced by Europol in the information system or data stored in the working files for analysis, the common control authority, in the case of persistent opposition of Europol or a member State, may, after hearing Europol or the Member State, pass over to this opposition only to the two-thirds majority of its members. If this majority is not met, the common control authority shall notify the Grievor that verifications have been conducted, without giving any indication that it may reveal to the Grievor whether or not it is known.
When the appeal relates to the verification of data introduced by a Member State in the information system, the common control authority shall ensure that the necessary verifications have been correctly performed, in close coordination with the national control authority of the Member State which has introduced the data. The common control authority shall notify the appellant that the audits have been conducted, without giving any indication that may reveal to the Grievor whether or not it is known.
When the appeal concerns the verification of data introduced by Europol in the information system or data stored in the working files for analysis, the common control authority ensures that the necessary verifications have been correctly performed by Europol. The common control authority shall notify the appellant that the audits have been conducted, without giving any indication that may reveal to the Grievor whether or not it is known.
8. The above provisions apply by analogy to the non-automated data held by Europol in the form of files, i.e. any structured set of personal data accessible according to specified criteria.
Rule 20
Data recognition and deletion
1. If it turns out that data stored by Europol, which has been transmitted to it by States or third-party bodies or which result from its analysis activity, have failed or that their introduction or storage is contrary to the provisions of this Convention, Europol is required to correct or delete such data.
2. If data entered in error or contrary to the provisions of this Convention are introduced directly by the Member States at Europol, they are required to correct or delete them in connection with Europol. If data entered into by mistakes are transmitted by another appropriate means or if errors affecting the data provided by the Member States are due to a faulty transmission or contrary to the provisions of this Convention or if they arise from their introduction, taking into account or their unnecessary storage or contrary to the provisions of this Convention by Europol, the latter shall be obliged to rectify or delete them in connection with the States concerned.
3. In the cases referred to in paragraphs 1 and 2, all recipients of such data shall be informed without delay. These data are also required to correct or delete these data.
4. Any person is entitled to ask Europol for the rectification or deletion of the incorrect data concerning him.
Europol informs the Grievor that it has been done to correct or delete the data concerning him. If the applicant is not satisfied with the Europol response or has not received a response within three months, the applicant may refer to the common control authority.
Article 21
Timelines for file retention and erase
1. The data contained in files must be kept at Europol only the time required to enable it to perform its functions. The need to continue to keep the data should be considered no later than three years after their introduction. The verification of the data stored in the information system and their deletion is carried out by the unit that introduced them. The verification of the data stored in the other Europol services files and their erase is done by Europol. Europol automatically reports to Member States, with a three-month notice, the expiry of the review deadlines for the storage of the data they have introduced.
2. When performing the verification, the units referred to in paragraph 1 third and fourth sentences may decide to keep the data until the following verification, if their retention remains necessary to allow Europol to perform its functions. If they decide not to keep the data more, they are deleted automatically.
3. The personal data of persons referred to in Article 10 (1) first paragraph (1) shall not be retained for a total of more than three years. The deadline resumes each time the day an event takes place that leads to data storage on the data subject. The need for their conservation is reviewed annually and the review is referred to.
4. If a Member State deletes in its national files data transmitted to Europol that it keeps in the other files, it informs Europol. The latter then erases the data, unless they have a different interest for him, taking into account the information available to him, and does not have the Member State that transmitted them. Europol informs the Member State concerned of maintaining these data in the files.
5. Clearance does not take place if it may harm interests worthy of protection of the interested party. In this case, the data can no longer be used only with the consent of the individual.
Article 22
Retention and rectification of data
in records
1. If it turns out that the entire record or data in this record held by Europol is no longer required for the performance of Europol's functions, or if this information is in their entirety contrary to the provisions of this Convention, the file or data concerned must be destroyed. As long as the file or data concerned is not effectively destroyed, a reference prohibiting any use must be included.
A file may not be destroyed when it is necessary to assume that it would affect the legitimate interests of the data subject. In this case, the same reference prohibiting any use of this file must be included.
2. If it turns out that data in Europol's files are filled with errors, Europol is required to correct them.
3. Any person concerned by a Europol file may exercise a right to rectification, destruction of the record or registration of a mention against Europol. Section 20 (4) and 24 paragraphs 2 and 7 shall apply.
Article 23
National Control Authority
1. Each Member State shall designate a national control authority to independently and in accordance with national law that the introduction, consultation and transmission, in any form, to Europol, of personal data by that Member State shall be lawful and ensure that the rights of persons are not adversely affected. To this end, the supervisory authority shall have access, from national units or liaison officers, to the data introduced by the Member State contained in the information system and in the index system according to the applicable national procedures.
To exercise their control, the national control authorities have access to the offices and records of the respective liaison officers within Europol.
In addition, in accordance with applicable national procedures, the national control authorities control the activities carried out by national units in accordance with Article 4(4) and those of liaison officers in accordance with Article 5 (3) points 1, 2 and 3 and paragraphs 4 and 5, to the extent that these activities relate to the protection of personal data.
2. Any person has the right to request the national control authority to ensure that the introduction and transmission to Europol, in any form, of the data that concern it and the consultation of the data by the Member State concerned are lawful.
This right is governed by the national law of the Member State to which the requested control authority belongs.
Article 24
Joint Inspection Authority
1. An independent joint control authority shall be established to monitor, in compliance with this Convention, the activity of Europol in order to ensure that the storage, processing and use of data available to Europol services does not affect the rights of persons. The common control authority also controls the legality of data transmission that originate Europol. The common control authority shall consist of not more than two members or representatives, possibly assisted by alternates, of each national control authority, thus offering all the guarantees of independence and possessing the required capacity, and appointed for five years by each Member State. Each delegation has a deliberate vote.
The common control authority is a president.
In the exercise of their powers, members of the common control authority shall not receive instructions from any authority.
2. Europol is required to assist the common control authority in performing its functions. In particular:
1) provide the information it requests, provide access to all documents and records, and access to stored data,
2) let it freely access all its premises at any time,
(3) to execute the decisions of the joint review authority on appeal in accordance with the provisions of Article 19, paragraph 7, and Article 20, paragraph 4.
3. The common control authority is also competent to analyse the difficulties of application and interpretation related to the activity of Europol in the processing and use of personal data, to study the problems that may arise, in the independent control carried out by the control authorities of the Member States or in the exercise of the right of information, as well as to develop harmonized proposals to find common solutions to existing problems.
4. Every person has the right to request the common control authority to ensure that any storage, collection, processing and use of personal data concerning it has been carried out within Europol in a lawful and correct manner.
5. If the common control authority finds that the provisions of this Agreement have not been complied with during the storage, processing or use of personal data, it shall address any observations that it considers necessary for the Europol Director and request that the response to its observations be made to it within a time limit that it fixes. The Director shall keep the board informed of all proceedings. In the event of difficulties, the common control authority shall seize the board of directors.
6. The common control authority shall establish at regular intervals an activity report. This is transmitted, in accordance with the procedure set out in Title VI of the Treaty on the European Union to the Council; Previously, the opportunity is given to the Board of Directors to issue a notice that will be attached to the report.
The common control authority decides whether or not to make its activity report public, and, where appropriate, decides on the terms and conditions of the publication.
7. The common control authority, by unanimous decision, establishes its rules of procedure. This is subject to the unanimous approval of the Council. It is a committee composed of a member of each delegation, each with a deliberative voice. This committee is responsible for examining, by all appropriate means, remedies under section 19, paragraph 7, and section 20, paragraph 4. If they so request, the parties, assisted by their counsel if they so wish, are heard by this committee. Decisions made in this framework are final with respect to all parties involved.
8. It may also establish one or more committees.
9. It is consulted on the part of the proposed budget. Its opinion is annexed to the proposed budget in question.
10. It is assisted by a secretariat whose tasks are determined by the rules of procedure.
Rule 25
Data security
1. It is up to Europol to take the necessary technical measures and organizational arrangements for the implementation of this Convention. Measures are necessary only if their cost is in relation to the intended protection objective.
2. Each Member State and Europol take the measures that are specific to:
(1) prohibit any unauthorized person from accessing facilities used for the processing of personal data (control at facility entrance);
(2) prevent data carriers from being read, copied, modified or removed by an unauthorized person (data carrier control);
3) prevent unauthorized entry into the file as well as any unauthorized knowledge, modification or deletion of integrated personal data (integration control);
(4) prevent automated data processing systems from being used by unauthorized persons using data transmission facilities (use control);
5) ensure that, for the use of an automated data processing system, authorized persons can only access data under their jurisdiction (access control);
(6) Ensure that it can be verified and found at which instances of personal data may be transmitted by data transmission facilities (transmission control);
7) ensure that it can be verified and found a posteriori what personal data has been introduced into automated data processing systems, at what time and by which person they have been introduced (control of the introduction);
(8) to prevent data being read, copied, modified or erased in an unauthorized manner (transport control);
(9) ensure that the systems used can be repaired immediately in the event of an inconvenience (remediation);
10) ensure that the functions of the system are not defective, that the operating errors are immediately reported (fiability) and that the stored data cannot be distorted by a system malfunction (authenticity).
PART V. Legal status,
organization and financial arrangements
Rule 26
Legal capacity
1. Europol has the legal personality.
2. In each Member State, Europol has the widest legal capacity recognized to legal persons by national legislation. Europol may, in particular, acquire or dispose of real estate or furniture and be brought to justice.
3. Europol is empowered to enter into a headquarters agreement with the Kingdom of the Netherlands, to enter into agreements for the protection of secrecy required under Article 18, paragraph 6, as well as other arrangements with third-party States and bodies within the meaning of Article 10, paragraph 4, within the framework of the rules unanimously agreed by the Council on the basis of this Convention and Title VI of the Treaty on the European Union.
Rule 27
Organs of Europol
The organs of Europol are:
1) the board of directors,
(2) the Director,
(3) the financial controller,
(4) the budget committee.
Rule 28
Board of Directors
1. Europol has a board of directors. The Board of Directors:
1) participates in the enlargement of the objective of Europol (Article 2 paragraph 2),
(2) unanimously defines the rights and obligations of liaison officers with respect to Europol (Article 5),
3) unanimously decides on the number of liaison officers that Member States may send to Europol (Article 5),
4) ensure the preparation of the application rules on files (Article 10),
5) participates in the adoption of the rules relating to relations between Europol and third-party states and bodies within the meaning of Article 10 (4) (Articles 10, 18, 42),
6) unanimously defines the terms and conditions for the development of the index system (Article 11),
(7) approves by a two-thirds majority of the file creation instructions (Article 12),
(8) may take a position on the observations and reports of the common control authority (Article 24),
9) examines the problems on which the common control authority draws its attention (Article 24, paragraph 5),
10) adjusts the details of the procedure for checking the permissibility of requests under the information system (Article 16),
(11) participate in the appointment and revocation of the Director and Deputy Directors (art. 29),
12) control that the Director regularly performs his or her charge (sections 7, 29),
13) participates in the adoption of staff status (Article 30),
14) participates in the development of agreements for the protection of secrecy and the adoption of provisions for the protection of secrecy (articles 18, 31),
15) participates in the preparation of the budget, including the staffing table, in the audit of accounts and in the discharge of the Director (sections 35, 36),
16) unanimously adopts the five-year financial plan (Article 35),
17) unanimously appoints the financial controller and monitors its management (section 35),
18) participates in the adoption of the Financial Regulations (Article 35),
19) unanimously approves the conclusion of the headquarters agreement (Article 37),
20) unanimously adopts the rules for the empowerment of Europol agents,
21) a two-thirds majority rule on disputes between a Member State and Europol or between Member States concerning compensation for liability for unlawful or incorrect treatment (Article 38),
(22) participates in the possible amendment of the Convention (art. 43),
23) is responsible for other tasks entrusted to it by the Commission, including within the framework of the provisions for the application of this Convention.
2. The Board of Directors consists of a representative of each Member State. Each board member has one vote.
3. Each member of the board of directors may be replaced by an alternate member; in the event of a member's absence, the alternate member may exercise the right to vote.
4. The Commission of the European Communities is invited to attend meetings of the Board of Directors but does not participate in the vote. However, the board of directors may decide to deliberate in the absence of the representative of the Board.
5. The incumbent or alternate members are entitled to be accompanied or advised, in the deliberations of the board of directors, by experts from the various member states.
6. The Presidency of the Board of Directors is provided by the representative of the Member State who presides over the Council.
7. The Board of Directors unanimously decides its rules of procedure.
8. Constraints do not impede the adoption of the decisions of the board of directors that require unanimity.
9. The Board of Directors meets at least twice a year.
10. The Board of Directors unanimously adopts each year:
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 in accordance with the procedure set out in Title VI of the Treaty on the European Union.
Rule 29
Director
1. Europol shall be placed under the authority of a Director appointed by the Council, acting unanimously on the advice of the board of directors in accordance with the procedure set out in Title VI of the Treaty on the European Union, for a period of four years, renewable once.
2. The Director shall be assisted by deputy directors whose number is determined by the Board and who are appointed in accordance with the procedure set out in paragraph 1 for a period of four years, renewable once. Their tasks are specified by the director.
3. The Director is responsible:
1) the execution of the tasks entrusted to Europol,
(2) of the current administration,
3) Personnel Management,
(4) the proper development and execution of decisions of the Board of Directors,
5) the preparation of budget proposals, the staffing table and the five-year financial plan and the execution of the Europol budget,
(6) of all other tasks entrusted to it by the convention or by the board of directors.
4. The Director is responsible for his management before the Board of Directors. He participates in board meetings.
5. The director is the legal representative of Europol.
6. By a decision of the Council ruling by a two-thirds majority of the votes of the Member States, in accordance with the procedure set out in Part VI of the Treaty on the European Union, the Director and Deputy Directors may be revoked after the advice of the Board of Directors.
7. By derogation from paragraphs 1 and 2, the Director's first term of office is five years after the agreement comes into force, the Director's first four-year deputy director and the Director's second three-year deputy director.
Rule 30
Staff
1. The Director, Deputy Directors and Europol Agents shall perform their duties with a view to the objectives and functions of Europol, without soliciting or accepting instructions from any government, authority, organization or person outside Europol, provided that this Agreement does not otherwise, and without prejudice to the provisions of Title VI of the Treaty on the European Union.
2. The director is the supervisor of the deputy directors and Europol agents. He calls the agents and revokes them. In the choice of agents, it takes into account, in addition to personal fitness and professional competence, also the need to ensure adequate consideration of nationals of all Member States and the official languages of the European Union.
3. The terms and conditions are set out in the Staff Regulations, which are unanimously decided by the Council, on the advice of the Board of Directors and in accordance with the procedure set out in Title VI of the Treaty on the European Union.
Rule 31
Confidentiality
1. Europol and Member States shall take appropriate measures to guarantee the protection of information that must be kept secret, which is collected under this Convention or exchanged within the framework of Europol. To this end, the Council unanimously adopts a relevant regulation on the protection of secrecy, which was prepared by the Board of Directors and submitted to the Council in accordance with the procedure set out in Title VI of the Treaty on the European Union.
2. When people are entrusted by Europol with security-sensitive activities, the Member States undertake to carry out, at the request of the Europol Director, security investigations concerning their own nationals concerned, in accordance with their national provisions, and to assist in this task. The competent authority under the national provisions only transmits to Europol the conclusions of the security investigation and these are binding on Europol.
3. Each Member State and Europol may only designate for data processing in Europol services specially qualified and subject to security control.
Rule 32
Reservation and confidentiality obligations
1. Organs, their members, deputy directors, Europol agents and liaison officers are required to refrain from any act and expression of opinion that may affect the dignity of Europol or harm its activity.
2. Organs, their members, deputy directors, Europol agents, liaison officers and all other persons to whom an obligation of reservation or confidentiality has been expressly imposed shall not disclose any of the facts and information that would come to their knowledge in the performance of their duties or in the course of their activities with respect to any unauthorized person and the public. This is not true for facts and information that must not be kept secret. The reservation and confidentiality obligation also remains after termination of their duties, work contract or activity. The obligation referred to in the first sentence is notified by Europol and the criminal consequences of a violation are reported; the notification shall be recorded in writing.
3. Organs, their members, deputy directors, agents of Europol, liaison officers and persons subject to the obligation provided for in paragraph 2 shall not, without reference to the Director or, if it is the Director, the board of directors, make no statements or statements on the occasion of judicial or extrajudicial proceedings on facts and information that would have come to their knowledge in the exercise of their functions or activities.
The director or board of directors, as the case may be, shall address the judicial authority or any other competent body in order to take the necessary measures in accordance with the national law applicable to the seized proceeding, either to have the terms of the testimony be arranged in order to guarantee the confidentiality of the information, or, to the extent permitted by national law, to refuse the communication concerning the information to the extent that the protection of the Member States required by Europol
To the extent that the right of the Member State provides for the right to refuse to testify, the persons called to testify must be duly authorized to testify. The authorization is given by the Director and, in the case he is himself called to testify, by the Board of Directors. When a liaison officer is called to testify about information that comes from Europol, this authorization is issued after the agreement of the Member State to which the liaison officer concerned reports.
In addition, where it appears that the testimony may include information and information that has been transmitted by a Member State or which apparently concerns a Member State, the opinion of that Member State must be obtained prior to the issuance of the authorization.
The authorization to testify may only be refused to the extent that it is necessary to guarantee superior interests worthy of the protection of Europol or that of the member state(s) concerned.
This obligation also remains after termination of their duties, employment contract or activity
4. Each Member State shall treat any breach of the reservation or confidentiality obligations referred to in paragraphs 2 and 3 as a violation of its rules of law relating to respect for professional secrecy or its provisions relating to the protection of confidential material.
Where applicable, each Member State shall, by the date of entry into force of this Convention, establish the rules of national law or the provisions that are required for the purposes of the continuation of a violation of the obligations of reservation or protection of secrecy referred to in paragraphs 2 and 3. It ensures that these rules and provisions also apply to its own agents who in the course of their activities are in relation to Europol.
Rule 33
Languages
1. The reports and all other documents and documents that are brought to the attention of the board of directors must be submitted to it in all official languages of the European Union; the working languages of the board of directors are the official languages of the European Union.
2. The translation work required for Europol's work is carried out by the translation centre of the European Union institutions.
Rule 34
Information from the European Parliament
1. The Presidency of the Council annually sends to the European Parliament a special report on the work carried out by Europol. The European Parliament is consulted at the eventual amendment of this Convention.
2. In the face of the European Parliament, the Presidency of the Council or the representative designated by the Presidency takes into account the obligations of reservation and protection of secrecy.
3. The obligations set out in this article are without prejudice to the rights of national parliaments, Article K.6 of the Treaty on the European Union and the general principles applicable to relations with the European Parliament under Title VI of the Treaty on the European Union.
Rule 35
Budget
1. All revenues and expenses of Europol, including all costs of the common control authority and its secretariat established under section 24, shall be forecast for each fiscal year and be budgeted; A staffing table is attached to the budget. The fiscal year begins on 1er January and ends on December 31.
The budget must be balanced in income and expenditure.
A five-year financial plan is prepared together with the budget.
2. The budget is financed by contributions from Member States and other occasional revenues. The financial contribution to be paid by the various Member States is dependent on the share of their gross national product in the sum of the gross national products of the Member States in the year preceding that of the preparation of the budget. The gross national product within the meaning of this paragraph is the gross national product defined by Council Directive 89/130/EEC, Euratom of 13 February 1989, on the harmonization of the establishment of the gross national product at market prices.
3. The Director shall prepare the proposed budget and staffing table for the following year no later than March 31 of each year and, after consideration by the Budget Committee, submit them to the Board of Directors accompanied by the proposed five-year financial plan.
4. The Board of Directors sets out the five-year financial plan. The decision of the board of directors is taken unanimously.
5. The Council, acting in accordance with the procedure set out in Part VI of the Treaty on the European Union and on the advice of the board of directors, shall determine the budget of Europol by 30 June of the year preceding the fiscal year. The Council takes its decision unanimously. This is done by analogy in the case of additional or corrigenda budgets. The adoption of the budget by the Council entails the obligation for each Member State to pay the financial contribution it owes in due course.
6. The Director shall carry out the budget in accordance with the provisions of the financial regulations referred to in paragraph 9.
7. Control of the commitment and payment of expenses and control of the recognition and recovery of revenues is exercised by a financial controller, unanimously appointed by the board of directors and accountable to it. Financial regulations may provide that, for certain revenues or expenses, control by the financial controller is effected a posteriori.
8. The budget committee consists of a representative of each Member State, an expert in budgetary matters. It is responsible for preparing the budgetary and financial deliberations.
9. The Council, in accordance with the procedure set out in Part VI of the Treaty on the European Union, unanimously decides the financial regulations specifying, inter alia, the modalities for the establishment, modification and execution of the budget and the control of the said execution, as well as the modalities for the payment of the financial contributions of the Member States.
Rule 36
Audit oversight
1. Accounts for all revenues and expenditures in the budget as well as the balance sheet of Europol's assets and liabilities are subject to annual control in accordance with the Financial Regulations. For this purpose, the Director shall submit a report on the closing of the fiscal year no later than May 31 of the following year.
2. The audit is carried out by a joint audit committee composed of three members appointed by the Court of Accounts of the European Communities on the proposal of its President. The term of office of these members is three years; They succeed in such a way that each year the member who had been on the control committee for three years is replaced. By derogation from the provisions of the second sentence, the term of the member who, by drawing lots, arrives:
- in the first place, is fixed at two years,
- in second place, three years and
- in third place, four years old,
during the first composition of the Joint Control Committee after the entry according to Europol.
Any charge for the control of accounts shall be charged against the budget provided for in section 35.
3. The Joint Oversight Committee shall submit to the Council, in accordance with the procedure set out in Part VI of the Treaty on the European Union, a monitoring report on the past year; In advance, the Director and the financial controller have the opportunity to provide their advice on the control report and this report is discussed at the Board of Directors.
4. The Director of Europol provides the members of the Joint Oversight Committee with all the information and all the assistance they need to carry out their tasks.
5. The Commission shall issue to the Director for the performance of the budget for the fiscal year concerned, after consideration of the year's closing report.
6. The financial regulations specify the procedures for the control of accounts.
Rule 37
Headquarters Agreement
The provisions concerning the establishment of Europol in the state of the siege and the benefits to be provided by the state of the siege as well as the special rules applicable in the state of the siege of Europol, to the members of its organs, its deputy directors, its agents and members of the family are fixed in a siege agreement concluded, after unanimously approval by the board of directors, between Europol and the Kingdom of the Netherlands.
PART VI. -- Legal responsibility and protection
Rule 38
Accountability
of wrongful or incorrect data processing
1. Any Member State shall be liable, in accordance with its national law, for any damage caused to a person, in which data entered into by mistakes of law or fact, stored or processed in Europol. Only the Member State where the damage has occurred may be the subject of a compensation action by the victim, which is addressed to the competent courts under the national law of the Member State so concerned. A Member State may not invoke the fact that another Member State or Europol has transmitted incorrect data to discharge its responsibility, in accordance with its national law, with respect to an injured person.
2. If such data are collected with errors of law or fact resulting from a faulty transmission or breach of the obligations set out in this Agreement by one or more Member States or unlawful or incorrect storage or processing on the part of Europol, Europol or that (thes) Member State(s) shall be liable, upon request, for amounts paid as compensation, unless the data were used by the Member State in the territory of which the harmful act was committed, in violation of this Convention.
3. Any disagreement between this Member State and Europol or another Member State on the principle or the amount of that refund must be submitted to the board of directors who shall rule by a two-thirds majority.
Rule 39
Other types of liability
1. Europol's contractual liability is governed by the law applicable to the contract in question.
2. In respect of non-contractual liability, Europol shall, regardless of liability under section 38, repair damage caused by its organs, deputy directors or agents in the performance of their duties, to the extent that the damage is attributable to them. The above provision is not exclusive of the right to other reparations based on the national legislation of the Member States.
3. The injured person has the right to demand that Europol refrain from an action or cancel it.
4. The national jurisdictions of the Member States competent to hear disputes involving the responsibility of Europol referred to in this article are determined by reference to the relevant provisions of the Brussels Convention of 27 September 1968 relating to judicial jurisdiction and enforcement of decisions in civil and commercial matters, as subsequently adapted by accession conventions.
Rule 40
Settlement of disputes and disputes
1. Any dispute between the Member States concerning the interpretation or application of this Convention shall, in a first step, be considered within the Council in accordance with the procedure set out in Part VI of the Treaty on the European Union with a view to reaching a solution.
2. Upon the expiration of a period of six months, if a solution could not be found, the Member States parties to the dispute agree on the terms and conditions under which the dispute in question will be settled.
3. The provisions on remedies referred to in the regulations relating to the regime applicable to temporary and auxiliary agents of the European Communities are, by analogy, applicable to Europol personnel.
Rule 41
Privileges and immunities
1. Europol, members of the bodies, its deputy directors and officers shall enjoy the privileges and immunities necessary to carry out their tasks in accordance with a protocol that defines the rules applicable in all Member States.
2. The Kingdom of the Netherlands and other Member States agree, in identical terms for liaison officers sent by other Member States as well as members of their families, the privileges and immunities necessary for the proper fulfilment of the duties of liaison officers within Europol.
3. The protocol provided for in paragraph 1 is adopted by the Council, unanimous in accordance with the procedure provided for in Part VI of the Treaty on the European Union and adopted by the Member States in accordance with their respective constitutional rules.
PART VII. - Final provisions
Rule 42
Relations with States and third-party bodies
1. To the extent that this is useful in performing the functions defined in Article 3, Europol establishes and maintains relations of cooperation with third parties within the meaning of Article 10, paragraph 4 points 1 to 3. The Board of Directors unanimously establishes the rules governing these relationships. This provision is without prejudice to Article 10 paragraphs 4 and 5 and Article 18(2); the exchange of personal data can only be done in accordance with the provisions of Articles II to IV of this Agreement.
2. Insofar as it is necessary to perform the functions defined in Article 3, Europol may also establish and maintain relations with third States and other third parties within the meaning of Article 10 (4) points 4, 5, 6 and 7. The Council, acting unanimously in accordance with the procedure set out in Part VI of the Treaty on the European Union and on the advice of the board of directors, establishes rules governing the relations referred to in the first sentence. Paragraph 1 third sentence applies mutatis mutandis.
Rule 43
Amendment of the Convention
1. The Council, in accordance with the procedure set out in Title VI of the Treaty on the European Union, at the initiative of a Member State and on the advice of the board of directors, unanimously adopts, within the framework of Article K.1 point 9 of the Treaty on the European Union, the amendments to this Convention, which it recommends to the Member States to adopt in accordance with their respective constitutional rules.
2. The amendments come into force in accordance with Article 45(2) of this Agreement.
3. However, the Council, by unanimity, in accordance with the procedure set out in Part VI of the Treaty on the European Union, may decide, at the initiative of a Member State and after consideration by the board of directors, to enrich, amend or supplement the definitions of the forms of crime referred to in the annex. It may also decide to introduce new definitions regarding these forms of crime.
4. The Secretary General of the Council of the European Union shall notify all Member States of the date of entry into force of the amendments.
Rule 44
Reservations
This Agreement shall not be subject to any reservation.
Rule 45
Entry into force
1. This Convention is subject to the adoption by the Member States in accordance with their respective constitutional rules.
2. The Member States shall notify the depositary of the fulfilment of the procedures required by their respective constitutional rules for the adoption of this Convention.
3. This Agreement shall enter into force on the first day of the month following the expiration of a period of three months after the notification referred to in paragraph 2 by the State, a member of the European Union on the date of the adoption by the Council of the act establishing this Convention, which shall proceed with this formality.
4. Without prejudice to paragraph 2, the activity of Europol shall, pursuant to this Agreement, commence only on the date that the last of the acts provided for in Article 5, paragraph 7, Article 10, paragraph 1, Article 24, paragraph 7, Article 30, paragraph 3, Article 31 paragraph 1, Article 35, paragraph 9, Article 37 and Article 41, paragraphs 1 and 2, shall enter into force.
5. When the activity of Europol begins, that of the unit "Drogues" Europol will end in accordance with the joint action of the Council of 10 March 1995 concerning the unit "Drogues" Europol. Europol will then be the owner of all the equipment that has been financed from the common budget of the Europol "Drogues" unit, which have been developed or produced by the Europol "Drogues" unit or which have been made available to it by the state of the seat for permanent use free of charge, as well as all the archives and data systems it managed independently.
6. As of the adoption by the Council of the act establishing this Convention, the Member States shall take, within the framework of their domestic law, individually or in common, all the preparatory measures necessary for the activity of Europol to begin.
Rule 46
Accession of new member States
1. This Convention is open to the accession of any State that becomes a member of the European Union.
2. The text of the convention in the language of the Member State, established by the Council of the European Union, is authentic.
3. The instruments of accession shall be deposited with the depositary.
4. This Agreement shall enter into force with respect to the Member State adhere on the first day of the month following the expiration of a period of three months after the date of deposit of its instrument of accession or on the date of entry into force of the Convention if it has not yet entered into force at the time of the expiry of the above-mentioned period.
Rule 47
Depositary
1. The Secretary General of the Council of the European Union is depositary of this Convention.
2. The depositary shall publish in the Official Journal of the European Communities the notifications, instruments or communications relating to this Convention.
In faith, the undersigned Plenipotentiaries affixed their signature at the bottom of this Convention.
Done in Brussels, on July twenty-six, nine hundred and eighty-five, in a single copy, in German, English, Danish, Spanish, Finnish, French, Greek, Irish, Italian, Dutch, Portuguese and Swedish, each text being equally authentic; it shall be deposited with the Secretary General of the Council of the European Union, who shall transmit to each Member State a certified true copy.

Annex referred to in Article 2
List of other serious forms of international crime that Europol could deal with in addition to those envisaged in Article 2 paragraph 2 and in accordance with the objectives of Europol as set out in Article 2 paragraph 1:
Achievement of life, physical integrity and freedom:
- voluntary homicide, serious injuries and injuries
- illicit trafficking in human organs and tissues
- kidnapping, sequestration and hostage taking
- racism and xenophobia
Offences to heritage, public property and fraud
- organized flights
- illicit trafficking in cultural property including antiques and works of art
- fraud and fraud
- racket and extortion of funds
- counterfeiting and hacking of products
- falsification of administrative documents and traffic of false
- false money, falsification of means of payment
Computer crime
- corruption
Illegal trade and environmental damage:
- illicit trafficking in weapons, ammunition and explosives
- illicit trafficking in endangered animal species
- illicit trafficking in endangered species and plant species
- Crime at the expense of the environment
- illicit trafficking in hormonal substances and other growth factors.
In addition, in accordance with Article 2 paragraph 2, charging Europol to take care of one of the forms of crime listed above implies that it is also competent to deal with money laundering that relates to it as well as related offences.
With respect to the forms of crime listed in Article 2 (2) within the meaning of this Convention, the following is understood:
- Crime related to nuclear and radioactive material, offences as listed in Article 7 (1) of the Convention on the Physical Protection of Nuclear Material, signed in Vienna and New York on 3 March 1980, and concerning nuclear and/or radioactive material, as defined in Article 197 of the Euratom Treaty and Directive 80/836 Euratom of 15 July 1980;
- clandestine immigration sector, actions aimed at deliberately facilitating, for a profit, the entry, stay or employment in the territory of the Member States of the European Union, contrary to the regulations and conditions applicable in the Member States;
- deals with human beings, the submission of a person to the real and illegal power of others by using violence or threats or by abusing a report of authority or manoeuvres with a view to, inter alia, the exploitation of prostitution of others, forms of sexual exploitation and abuse of minors or trade related to the abandonment of children;
- Crime related to the traffic of stolen vehicles, theft or diversion of cars, trucks, semi-trailers, cargo of trucks or semi-trailers, buses, motorcycles, caravans, agricultural vehicles, construction vehicles, and spare parts of vehicles as well as the recel of these objects;
- illegal activities of money laundering, offences as listed in Article 6, paragraphs 1 to 3 of the Council of Europe Convention relating to the laundering, detection, seizure and confiscation of proceeds of crime, signed in Strasbourg on 8 November 1990.
The forms of crime referred to in Article 2 and this annex are appreciated by the competent national authorities according to the national legislation of the States to which they belong.

Statements
Ad article 10 paragraph 1
"In developing the enforcement provisions for Article 10 (1), the Federal Republic of Germany and the Republic of Austria will continue to ensure that the following principle is affirmed:
The data concerning persons referred to in point 1 of the first sentence of Article 10, paragraph 1, and other than those listed in Article 8, paragraphs 2 and 3, shall only be stored if by the nature of the facts, by the circumstances of the facts or for any other consideration, there are grounds to suspect that criminal proceedings must be brought against such persons for offences falling within the competence of Europol under Article 2. »
Ad article 14 paragraphs 1 and 3, article 15, paragraph 2 and article 19, paragraph 8
1. "The Federal Republic of Germany and the Republic of Austria will transmit data under this Convention on the understanding that, for the non-automated processing and operation of this data, they expect Europol and the Member States to respect the spirit of the provisions of this Convention relating to the legal protection of data. »
2. "The Council, in the light of Article 14 paragraphs 1 and 3, Article 15, paragraph 2 and Article 19, paragraph 8, of the Convention, declares that in respect of the level of data protection exchanged between the Member States and Europol for their non-automatic processing, Europol will prepare - three years after the launch of its activities and with the participation of the common control authority and the national control authorities, each for the areas within their jurisdiction - »
Ad article 40 paragraph 2
“The following Member States agree that in such cases they will systematically submit the dispute to the Court of Justice of the European Communities:
- Kingdom of Belgium
- Kingdom of Denmark
- Federal Republic of Germany
- Hellenic Republic
- Kingdom of Spain
- French Republic
Ireland
- Italian Republic.
- Grand Duchy of Luxembourg
- Kingdom of the Netherlands
- Republic of Austria
- Portuguese Republic
- Republic of Finland
- Kingdom of Sweden."
Ad article 42
"The Council declares that Europol should prioritize relations with the competent services of the States with which the European Communities and their Member States have established a structured dialogue. »
In faith, undersigned Plenipotentiaries have affixed their signatures at the bottom of this Convention.
Done in Brussels, on July twenty-six, nine hundred and ninety-four, in a single copy, in German, English, Danish, Spanish, Finnish, French, Greek, Irish, Italian, Dutch, Portuguese and Swedish, all these texts being equally authentic, exemplary which is deposited in the archives of the General Secretariat of the Council of the European Union.
For the consultation of the table, see image
Protocol, based on Article K.3 of the Treaty on the European Union, concerning the preliminary interpretation by the Court of Justice of the European Commanautés of the Convention establishing a European Police Office
High Contracting Parties,
have agreed on the following provisions, which are annexed to the Convention:
Article 1
The Court of Justice of the European Communities is competent, under the conditions established by this Protocol, to decide on a preliminary basis on the interpretation of the Convention establishing a European Police Office, below referred to as "Europol Convention".
Article 2
1. Any Member State may, by a declaration made at the time of signature of this Protocol or at any other time after such signature, accept the jurisdiction of the Court of Justice of the European Communities to rule, on a preliminary basis, on the interpretation of the Europol Convention under the conditions set out in paragraph 2 (a), are point (b).
2. Any Member State making a declaration under paragraph 1 may indicate:
(a) that any jurisdiction of that Member State whose decisions are not subject to a judicial remedy of domestic law has the power to request the Court of Justice of the European Communities to rule, on a preliminary basis, on a matter raised in a pending case before it and relating to the interpretation of the Europol Convention when it considers that a decision on this point is necessary to render its judgment,
(b) that any jurisdiction of that Member State has the power to request the Court of Justice of the European Communities to rule, on a pre-judicial basis, on a matter raised in a pending case before it and relating to the interpretation of the Europol Convention when it considers that a decision on this point is necessary to render its judgment.
Article 3
1. The Protocol on the Status of the Court of Justice of the European Communities and its Rules of Procedure are applicable.
2. In accordance with the statute of the Court of Justice of the European Communities, any Member State has the right, whether or not it has made a declaration under Article 2, to file with the Court of Justice of the European Communities a memorandum or written observations in the cases before it under Article 1.
Article 4
1. This protocol is subject to the adoption by the Member States according to their respective constitutional rules.
2. The Member States shall notify the depositary of the fulfilment of the procedures required by their respective constitutional rules to the adoption of this protocol, as well as any declaration made pursuant to Article 2.
3. This protocol comes into force ninety days after the notification, referred to in paragraph 2, by the State, a member of the European Union on the date of the adoption by the Council of the act establishing this protocol, which proceeds the last to this formality. However, its entry into force is at the earliest possible date with that of the Europol Convention.
Article 5
1. This protocol is open to the accession of any etat that becomes a member of the European Union.
2. The instruments of accession shall be deposited with the depositary.
3. The text of the present protocol in the language of the Member State acceding, established by the Council of the European Union, is authentic.
4. This Protocol shall enter into force with respect to the Member State adhering to ninety days after the date of deposit of its instrument of accession, or on the date of entry into force of this Protocol, if it has not yet entered into force on the expiry of that period of ninety days.
Article 6
Any State that becomes a member of the European Union and accedes to the Europol Convention in accordance with Article 46 of this Convention shall accept the provisions of this Protocol.
Article 7
1. Amendments to this Protocol may be proposed by each Member State, High Contracting Party. Any amendment proposal shall be forwarded to the depositary, who shall communicate it to the Council.
2. The amendments are decided by the Council which recommends the adoption by the Member States of their respective constitutional rules.
3. Such amendments shall enter into force in accordance with the provisions of Article 4.
Article 8
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 Communities the notifications, instruments or communications relating to this protocol.
Statements made pursuant to Article 2
At the time of signing this protocol, declared acceptance of the jurisdiction of the Court of Justice of the European Communities as provided for in Article 2,
the Republic of France and Ireland as provided for in Article 2, paragraph 2, paragraph 2 (a),
the Kingdom of Belgium, the Federal Republic of Germany, the Hellenic Republic, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria, the Portuguese Republic and the Republic of Finland as provided for in Article 2, paragraph 2, item (b). .

Declaration
The Kingdom of Belgium, the Federal Republic of Germany, the Hellenic Republic, the Italian Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands, the Republic of Austria and the Portuguese Republic reserve the right to provide in their domestic legislation that, when an issue relating to the interpretation of the Europol Convention will be raised in a case pending before a national jurisdiction whose decisions are not subject to an internal remedy of the European Community
For the Kingdom of Sweden the declaration(s) will be/will be made in the fall of 1996; for the Kingdom of Denmark and the Kingdom of Spain the declaration(s) will be/will be made at the time of adoption.
The governments of Belgium, the Netherlands and Luxembourg once again draw attention to the need to arrive as soon as possible at a solution similar to that provided for in this Protocol regarding the jurisdiction to be assigned to the Court of Justice of the European Communities for the interpretation of the Convention on the Use of Informatics in the Field of Customs and the Convention on the Protection of Financial Interest.
The Italian government, in accordance with its posting on the attribution of competence to the Court of Justice of the European Communities in the acts concluded under Title VI of the Treaty on the European Union, considers that a solution similar to that provided for in this protocol must be adopted with respect to the Convention on the Use of Computer Science in the Field of Customs and the Convention on the Protection of Financial Interest.
For the consultation of the table, see image
The above text is a certified copy in accordance with the original filed in the archives of the General Secretariat of the Council in Brussels.

Protocol establishing, on the basis of Article K.3 of the Treaty on the European Union and Article 41 paragraph 3 of the Europol Convention, the privileges and immunities of Europol, members of its organs, its deputy directors and its agents
The High Contracting Parties to this Protocol, Member States of the European Union,
Referring to the 1997 Council Act
Considering that, under Article 41 paragraph 1 of the Convention based on Article K.3 of the Treaty on the European Union establishing a European Police Office (Europol Grant), Europol, the members of its organs, its deputy directors and its agents must enjoy the privileges and immunities necessary to carry out their tasks in accordance with a protocol that defines the rules applicable in all Member States,
The following provisions were agreed:
Article 1
Definitions
For the purposes of this protocol:
(a) "convention", the convention based on Article K.3 of the Treaty on the European Union, establishing a European Police Office (Europol agreement);
(b) "Europol", the European Police Office;
(c) "Europol bodies", the board of directors referred to in Article 28 of the Convention, the financial controller referred to in Article 35 paragraph 7 of the Convention, and the budgetary committee referred to in Article 35 paragraph 8 of the Convention;
(d) "counsel", the board of directors referred to in Article 28 of the Convention;
(e) "Director", the Europol Director referred to in Article 29 of the Convention;
(f) "personal", the Director, Assistant Directors and Europol agents referred to in Article 30 of the Convention, with the exception of local agents referred to in Article 3 of the Staff Regulations;
(g) "Europol archives", all files, correspondences, documents, manuscripts, data on computer or other media, photographs, films, video and sound recordings belonging to Europol or a member of his staff, or held by them, and any similar material that, in the unanimous opinion of the board of directors and the director, is part of the Europol archives.
Article 2
Immunity of jurisdiction and exemption from search, seizure, requisition, confiscation and any other form of constraint
1. Europol has jurisdictional immunity with respect to the liability of unlawful or incorrect data processing, referred to in Article 38 paragraph 1 of the Convention.
2. Europol's assets, funds and assets, in any place they are located in the territory of the Member States and whatever the holder, are free of search, seizure, requisition, confiscation and any other form of constraint.
Article 3
Inviolability of archives
The Europol archives are inviolable, regardless of their location in the territory of the Member States and regardless of the holder.
Article 4
Exemption of taxes and fees
1. As part of its official duties, Europol, as well as its assets, revenues and other assets, are exempt from any direct tax.
2. Europol is exempted from taxes and indirect rights entering the prices of real estate and furniture and services acquired for its official use and representing important expenditures. Exemption may take the form of a refund.
3. Assets acquired pursuant to this article with exemption from the value added tax or excise duty may only be disposed of on an expensive or free basis under the conditions agreed with the Member State which granted the exemption.
4. No exemption will be granted with respect to taxes, taxes and fees that constitute the remuneration of specific services.
Article 5
Non-substantiating financial assets with restrictions
Europol is not subject, on a financial basis, to any control, regulation, reporting obligations with respect to its financial transactions or to any moratorium, and may freely:
(a) purchase, hold and dispose of foreign exchanges by authorized channels;
(b) have accounts in any currency.
Article 6
Immunities and immunities relating to communications
1. The Member States allow Europol to communicate freely and without having to apply for special permission in all its official functions and protect this right conferred on Europol. Europol is authorized to use codes and to send and receive official correspondence and other official communications by mail or sealed suitcase with the same privileges and immunities as those granted to diplomatic couriers and suitcases.
2. Within the limits of the international telecommunications convention, of 6 November 1982, Europol is receiving treatment for its official communications that is no less favourable than that granted by Member States to any international or governmental organization, including the diplomatic missions of these governments, with regard to the priorities for communication by mail, cables, telegrams, telex, radio, television, telephone, fax, satellite or other means of communication.
Article 7
Entrance, stay and departure
Member States shall facilitate, as appropriate, the entry, stay and departure for official purposes of the persons listed in Article 8. However, it may be necessary for persons who claim the treatment provided for in this section to demonstrate that they fall within the categories described in section 8.
Article 8
Privileges and immunities of members of bodies
and Europol staff
1. Members of organs and staff of Europol shall enjoy the following immunities:
(a) without prejudice to article 32 and, to the extent applicable, article 40, paragraph 3, of the Convention, immunity from jurisdiction for all words spoken or written and for acts performed in the performance of their official duties; they continue to enjoy this immunity even when they have ceased to be members of a Europol organ or members of Europol staff;
(b) the inviolability of all official documents, documents and other material.
2. Europol staff whose salaries and emoluments are subject to a tax for Europol under the conditions set out in Article 10 shall be exempted from income tax with respect to the salaries and emoluments paid by Europol. However, these treatments and emoluments may be taken into account in assessing the amount of income tax payable from other sources. This subsection does not apply to pensions and pensions paid to former Europol staff members and their dependants.
3. The provisions of Article 14 of the Protocol on the Privileges and Immunities of the European Communities apply to Europol staff.
Article 9
Exceptions to immunities
Immunity granted to persons referred to in Article 8 does not extend to civil actions undertaken by a third party in the event of bodily or other injury or homicide, which occurred in a traffic accident caused by these persons.
Article 10
Taxes
1. Subject to the conditions and procedures set by Europol and approved by the board, Europol staff members engaged for a minimum of one year are subject to a tax for Europol on the salaries and emoluments paid by the board.
2. Each year, the names and addresses of Europol personnel referred to in this article as well as any other person who has entered into a contract with Europol shall be communicated to the Member States. Europol shall issue to each of them an annual certificate indicating the total amount, gross and net, of remuneration of any kind paid by Europol for the year concerned, including the terms and nature of payments and the amounts of deductions to the source.
3. This section does not apply to pensions and pensions paid to former Europol staff members and their dependants.
Article 11
Protection of staff
The Member States shall, if requested by the Director, take all reasonable measures consistent with their national legislation to ensure the necessary safety and protection of the persons referred to in this Protocol, whose security is threatened by their service to Europol.
Article 12
Immunities raised
1. The privileges and immunities granted under this Protocol shall be conferred in the interest of Europol and not in the interest of the persons concerned. Europol and all persons who enjoy these privileges and immunities have the duty to observe the legislative and regulatory provisions of the Member States.
2. The director is obliged to lift the immunity enjoyed by Europol and the staff of Europol in the event that this immunity would hinder the action of justice and where he can lift it without prejudice to the interests of Europol. The Board has the same obligation with respect to the Director, Financial Controller and Budget Committee members. As far as members of the Council are concerned, it is up to Member States whose members are nationals to waive immunities.
3. Where the immunity of Europol referred to in Article 2(2) has been lifted, searches and seizures ordered by the judicial authorities of the Member States shall be carried out in the presence of the Director or a person delegated by him, in accordance with or under the confidentiality rules established by the Convention.
4. Europol cooperates at any time with the competent authorities of the Member States to facilitate the proper administration of justice and ensures that any abuse of privileges and immunities granted under this Protocol is prevented.
5. If a competent authority or a judicial entity of a Member State considers that there has been an abuse of a privilege or immunity granted under this Protocol, the body to which the waiver of immunity falls under paragraph 2 shall consult, upon request, the competent authorities to determine whether such abuse has taken place. If the consultations do not result in satisfactory results for both parties, the matter shall be settled in accordance with the procedure set out in Article 13.
Article 13
Settlement of disputes
1. Disputes concerning a refusal to waive immunity from Europol or a person who, because of its official functions, enjoys immunity within the meaning of Article 8 (1) are considered by the Council in accordance with the procedure established under Part VI of the Treaty on the European Union with a view to reaching a settlement.
2. Where such a dispute has not been resolved, the terms and conditions of its settlement shall be decided unanimously by the Council.
Article 14
Reservations
This protocol cannot be subject to reservations.
Article 15
Entry into force
1. This protocol is subject to the adoption by the Member States according to their respective constitutional rules.
2. The Member States shall notify the depositary of the fulfilment of the procedures required by their respective constitutional rules for the adoption of this protocol.
3. This protocol comes into force on the first day of the second month following the notification, referred to in paragraph 2, by the State, a member of the European Union on the date of the adoption by the Council of the act establishing this protocol, which proceeds the last to this formality.
Article 16
Access
1. This protocol is open to the accession of any State that becomes a member of the European Union.
2. The instruments of accession shall be deposited with the depositary.
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. This Protocol shall enter into force with respect to the Member State ninety days after the date of deposit of its instrument of accession or the date of entry into force of this Protocol, if it has not yet entered into force at the time of expiry of that period of ninety days.
Article 17
Evaluation
Within two years after the entry into force of this Protocol, the Protocol shall be evaluated under the supervision of the Board of Directors.
Article 18
Amendments
1. Any Member State, as a High Contracting Party, may propose amendments to this Protocol. Any proposed amendment shall be sent to the depositary, who shall transmit it to the Council.
2. The amendments are determined unanimously by the Council which recommends that Member States adopt them in accordance with their respective constitutional rules.
3. These amendments come into force under the provisions of Article 15.
4. The Secretary General of the Council of the European Union shall notify all Member States of the date of entry into force of the amendments.
Article 19
Depositary
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 Communities the notifications, instruments or communications relating to this protocol.
In faith, undersigned Plenipotentiaries have affixed their signature at the bottom of this protocol.
Done in Brussels, the 19th of June nine hundred and ninety-seven in a single copy, in German, English, Danish, Spanish, Finnish, French, Greek, Irish, Italian, Dutch, Portuguese and Swedish, each of these texts being equally authentic, a copy which is deposited in the archives of the General Secretariat of the Council of the European Union.
For the consultation of the table, see image
This Convention and these two protocols have not yet entered into force will be published at a later date.