The Saeima has adopted and the President promulgated the following laws: for a Protocol on amendments to the Convention on the establishment of a European Police Office (Europol Convention), the Convention on the basis of article 43 (1) of article 1. 27 November 2003 Protocol on amendments to the Convention on the establishment of a European Police Office (Europol Convention), the Convention on the basis of article 43 (1) (hereinafter referred to as the Protocol), with this law is adopted and approved.
2. article. The law shall enter into force on 1 May 2004. With the law put the Protocol in English, and its translation into Latvian language.
3. article. This Protocol shall enter into force on its article 4 and for the period specified in the order, and the Ministry of Foreign Affairs shall notify the newspaper "journal".
The law adopted by the Parliament in 2004 on April 7.
State v. President Vaira Vīķe-Freiberga in Riga 2004. on 28 April, the Editorial Note: the law shall enter into force on 1 May 2004.
 
PROTOCOL DRAWN UP ON the basis OF article 43 (1) OF the CONVENTION ON the establishment OF A EUROPEAN Police Office (EUROPOL CONVENTION) AMENDING that CONVENTION the HIGH CONTRACTING parties to this Protocol, the Contracting Parties to the Convention on the establishment of a European Police Office (Europol Convention), the Member States of the European Union, REFERRING TO the Act of the Council of the European Union of 28 November 2003 , CONSIDERING that: (1) the Europol Convention needs to be amended in the light of the discussions within the Council.
(2) Europol needs to be given the support and means the cessary function effectively as the focal point of European police cooperation.
(3) the required changes need to be made to the Europol Convention so as to strengthen Europol's operational support function with respect to the national police authorities.
(4) the European Council has stated that Europol has a key role with respect to cooperation between Member States ' authorities in the field of cross-border crime investigation in supporting Union-wide crime prevention, analyses and investigation. The European Council has called on the Council to provide Europol with the cessary support, have AGREED UPON the FOLLOWING PROVISION: article 1 the Europol Convention is hereby amended as follows: 1 article 2 shall be replaced) by the following: "article 2 objective 1. The objective of Europol shall be, within the framework of police cooperation between the Member States to the EU on pursuan European Union, to improve, by means of the measure referred to in this Convention of, the effectiveness and cooperation of the competent authorities in the Member States in the preventing and combating serious international crime where there are factual indication or reasonable grounds for believing that an organised criminal structure is involved and two or more Member States are affected in such a way as to require a common approach by the Member States to the scale, Owings significanc and consequences of the offenc's concerned. For the purpose of this Convention the following forms of crime shall be considered as serious international crime: the crimes committed or likely to be committed in the course of terrorist activities against the life, personal freedom or property, Limbu, unlawful drug trafficking, illegal money-laundering activities, trafficking in nuclear and radioactive substances, illegal immigrant smuggling, trade in human being, motor vehicle crime and the forms of crime listed in the Annex or the specific manifestation of thereof.
2. On a proposal from the Management Board, the Council shall unanimously lay down the allocation for Europol in respect of the combating and prevention of the forms of serious international crime within its mandate.
3. Europol's competence as regards a form of crime or specific manifestation thereof shall cover related criminal of the offenc. It shall, however, not the cover of the offenc predicat illegal money-laundering activities with regards to the forms of crime which Europol has competence to it from pursuan paragraph 1.
The following shall be regarded as related and shall be taken into account in accordanc with the procedures set out in articles 8 and 10 of the offenc: — the criminal committed the Procura in order the means for perpetrating acts within Europol's sphere of competence, — in order to "committed" criminal of the offenc facilitat or carry out acts within Europol's sphere of competence, — the criminal of the offenc committed to ensur the impunity of acts within Europol's sphere of competence.
4. For the purpose of this Convention, "competent authorities" to mean all public bodies existing in the Member States, which are responsible under national law for preventing and the combating criminal offenc. "
2 article 3 shall be amended) as follows: (a) Paragraph 3 shall be replaced by the following: "3. In the context of its objective under article 2 (1) Europol may, in addition, in accordanc with the staffing and energy resources at its disposal and within the limit set by the Management Board, assist Member States through advice and research in particular in the following areas : 1) training of members of their competent authorities to;
2) organisation and equipment of those authorities through facilitating the provision of technical support between the Member States;
3) crime prevention methods;
4) technical and forensic police methods and investigative procedure. "
(b) the following paragraph shall be added: "4. Without prejudice to the Convention for the Prevention of Counterfeiting Currency, signed at Geneva on 20 April 1929, and the protocol, Europol shall theret also act as a European Union contact point in its contacts with third States and organisations for the suppression of counterfeit euro currency."
3 article 4 shall be amended) as follows: (a) Paragraph 2 shall be replaced by the following: "2. The national unit shall be the only our body between Europol and the competent national authorities. However, Member States may allow direct contacts between designated competent authorities and Europol to be subject to conditions determined by the Member State in question, including prior involvement of the national unit.
The national unit shall at the same time receive from Europol any information exchanged in the course of direct contacts between Europol and the competent authorities designated. Relationship between the national unit and the competent authorities shall be governed by the national law, and, in particular, the relevant national constitutional requirements. "
(b) In paragraph 5, the words "as set out in article 2 (K) (2) of the Treaty on European Union, shall be replaced by" the words "with regard to the maintenance of law and order and the safeguarding of internal security,".
(c) Paragraph 7 shall be replaced by the following: "7. The Heads of the national units shall meet on a regular basis to assist Europol, at their own motion or on request, by giving advice."
4) the following article shall be inserted: ' Article 6a Information processing by Europol In support of the execution of its tasks, Europol may also process data for the purpose of determining such data with whethers relevant for its tasks and can be included in the computerised system of collected information referred to in article 6 (1).
The Contracting Parties meeting within the Council, acting with a two-thirds majority, shall condition will determin related to the processing of such data, in particular with respect to the access and usage of the data, as well as time limits for the storage and deletion of the data that may not six months exceeds 100, having due regard to the principles referred to in article 14. The Management Board shall prepare the decisions of the Contracting Parties and consult the joint supervisory body referred to in article 24. '
5 article 9 shall be amended) as follows: (a) the first line of paragraph 1 shall be replaced by the following: "1. the National units, Liason officers and the Director, Deputy Director or duly empowered Europol officials shall have the right to input data directly into the information system and retrieve them therefrom."
(b) the following paragraph shall be added: "4. In addition to the national units and persons referred to in paragraph 1, the competent authorities designated to this effect by the Member States may also query the Europol Information System. However, the result of the query will only the requested data indicates the whethers is available in the Europol Information System. Further information may then be obtained via the Europol national unit.
Information concerning the competent authorities to be designated, including subsequent modifications, shall be transmitted to the General Secretariat of the Council, which shall publish the information in the Official Journal of the European Union. ".
6 article 10 shall be amended) as follows: (a) In paragraph 1 the introductory part shall be replaced by the following: "1. Where this is not the cessary achieve the objective put down in article 2 (1), Europol may, in addition to data of a non-personal nature, store, modify, and utilis in other files on criminal data which Europol is competent offenc for the , including data on the related criminal of the offenc provided for in the second subparagraph of article 2 (3) which is intended for the specific analysis and which concern: "(b) point 1 of paragraph 2, shall be replaced by the following:" (1) analysts and others officials designated by the Europol Europol Directorate; "
(c) the following subparagraph shall be added after point 2 of paragraph 2: "it shall be an analysts Only enter data into the file concerned and modify such data; all participants may retrieve data from the file ".
(d) Paragraph 5 shall be replaced by the following:

"5. In so far as Europol is entitled under European Union or international legal instrument to gain computerised access to data from other information systems, Europol may retrieve personal data by such means if this is not the cessary for the performance of its tasks the point to point 2 of pursuan article 3 (1). The applicable provision of such European Union or international legal instrument shall govern the use of this data by Europol ".
(e) the second line of paragraph 8 shall be replaced by the following: "Any dissemination or operational use of data communicated shall be decided on by the Member State that communicated the data to Europol. If it cannot be determined which Member State the data communicated to Europol, the decision on dissemination or operational use of data shall be taken by the participants in the analysis. A Member State or an associated expert joining an analysis in progress may not, in particular, disseminat or use the data without the prior agreement of the Member States initially concerned. "
(f) the following paragraph shall be added: "9. Europol may invite experts of third States or third bodies within the meaning of paragraph 4 to be associated with the activities of an analysis group, where: (1) an agreement is in force between Europol and the third State or third body, which contains appropriate provision on the exchange of information, including the transmission of personal data , as well as on the confidentiality of exchanged information;
(2) the association of the experts of the third State or third body is in the interest of the Member States;
(3) the third State or third body is directly concerned by the analysis work; and (4) all participants within the meaning of paragraph 2 agree on the association of the experts of the third State or third body with the activities of the analysis group.
(5) the association of experts of a third State or third body (a) with the activities of an analysis group shall be subject to between Europol and the United Nations through the third State or third body. The rules shall be determined by each such arrangements by the Management Board acting by a majority of two-thirds of its members.
Details of the arrangements between Europol and third States or third bodies shall be sent to the joint supervisory body referred to in article 24 which may address any comments it does not it the cessary deemas Management Board. "
7 article 12 shall be replaced) by the following: ' article 12 Warrant opening a data file 1. For every file containing personal data computerised data operated by Europol for the purpose of performing its tasks referred to in article 10, Europol shall specify in an order opening the file: (1) the file name;
(2) the purpose of the file;
(3) the group of persons on whom data are stored;
(4) the nature of the data to be stored, and any of the data listed in the first line of the article 6 of the Council of Europe Convention of 28 January 1981 which are not strictly cessary;
(5) the type of personal data used to open the file;
(6) the supply or input of the data to be stored;
(7) the conditions under which the personal data stored in the file may be communicated, to which recipients and under what procedure;
(8) the time limits for examining the data and the duration of storage;
(9) the method of establishing the audit log.
2. The Management Board and the joint supervisory body provided for in article 24 shall immediately be advised by the Director of Europol of the order opening the file and shall receive the dossier.
The joint supervisory body may address any comments it does not it the cessary deemas Management Board. The Director of Europol may request the joint supervisory body to do this within a certain period of time.
3. At any time the Management Board may instruct the Director of Europol to amend an opening order or close the file. The Management Board shall decide on what date any such amendment or closur will have effect.
4. The data file may not be retained for a period of more than three years. Before the three year period has expired, however, Europol shall review the need for the continuation of the file. When it is not strictly cessary for the purpose of the file, the Director of Europol may order the continuation of the file for a new period of three years. The procedure to be followed in such cases shall be as specified in paragraphs 1 to 3. "
8 article 16 shall be replaced) by the following: "article 16 Provision on control of Europol shall establish appropriate retrieval of control mechanisms to allow the verification of the legality of retrieval from the computerised system of collected information referred to in articles 6 and 6a.
The data collected shall be used only in the for this purpose by Europol and the supervisory bodies referred to in articles 23 and 24 and shall be deleted after 6 months, unless the data are further required for ongoing control. The details of such control mechanisms shall be decided upon by the Management Board following consultation with the joint supervisory body. "
9 Article 18 shall be amended) as follows: point 3 of paragraph 1 shall be replaced by the following: "(3) this is permissibl is under the general rule within the meaning of paragraph 2; such rules may provide for (a) the deviation from the point 2 in exceptional cases where the Director of Europol to consider the transmission of the data to be absolutely not it safeguards the cessary essential interests of the Member States concerned within the scope of Europol's objective or in the interests of preventing imminen the danger associated with crime. The Director of Europol shall in all of the data consider circumstanc protection level in the State or body in question with a view to balancing this data protection level with the interests referred to above. "
10) article 21 (3) shall be replaced by the following: "3. The need for continued storage of personal data relating to the individual as referred in article 10 (1) shall be reviewed every year and the review documented. The storage of such data in a data file referred to in article 12 may note the period of 12 of the existenc file. "
11) shall be added the following paragraph to article 22: "4. The principles passed down in this title concerning information processing shall apply to data in paper files. "
12) In article 24 (6), the words "In accordanc with the procedure put down in Title VI of the Treaty on European Union, these shall be forwarded to the Council shall be replaced by" the following: "Such reports shall be forwarded to the European Parliament and the Council;"
13) In article 26 (3) the words "and of title VI of the Treaty on European Union ' shall be deleted.
14 article 28 shall be amended) as follows: (a) point (1) shall be replaced by the following: "(1), shall take part in the establishment of the allocation for Europol in respect of the combating and prevention of the forms of serious international crime within its mandate (article 2 (2));"
(b) the following points shall be inserted: "(3a) shall take part in the determination of the conditions related to the processing of data for the purpose of determining such data with whethers relevant for its tasks and can be included in the computerised system of collected information (Article 6a);"
"(4a) shall by a majority of determin two-thirds of its members the rules regarding each subject of the association of experts of a third State or third body (a) with the activities of an analysis group (article 10 (8));"
(c) point (7) shall be replaced by the following: "(7) may instruct the Director of Europol to amend an opening order or close the file (article 12 (3));"
(d) the following point shall be inserted: "(14) shall, acting by a majority of two-thirds of its members, to adop rules for access to Europol documents (article 32);"
(e) point (22) shall be replaced by the following: "(22) shall take part in any amendment of this Convention or the Annexe (article 43), theret;"
(f) Paragraph 10 shall be replaced by the following: ' 10. Taking into account the allocation in the sharp set out by the Council in accordanc with article 2 (2) and the update by the Director of Europol as referred to in point 6 of article 29 (3), the Management Board shall each year the adop unanimously: (1) a general report on Europol's activities during the previous year;
(2) a report on Europol's future activities taking into account Member States ' operational requirements and energy and staffing implications for Europol.
Such reports shall be submitted to the Council to take note and endors. They shall also be forwarded by the Council to the European Parliament for information. "
15) In article 29 (3): – point 6, shall be replaced by the following: "6) on a regular basis, updating the Management Board on the implementation of the allocation in the sharp referred to in article 2 (2);", the following point shall be added: ' 7) all other tasks assigned to him in this Convention or by the Management Board. ".
16) In article 30 (1) the words "Title VI of" shall be deleted.
17) the following article shall be inserted: ' article 32 the right of access to Europol documents On the basis of a proposal by the Director of Europol, the Management Board, acting by a majority of two thirds of its members, shall adop rules for access to Europol documents for any citizen of the Union, and any natural or legal person residing or having its registered office in a Member State , taking account of the principles and limits stated in the Regulation of the European Parliament and of the Council regarding public access to European Parliament, Council and Commission documents adopted on the basis of article 255 of the Treaty establishing the European Community. "
18 article 34 shall be replaced) by the following: "article 34 Informing the European Parliament

1. The Council shall consult the European Parliament in accordanc with the consultation procedure put down in the Treaty on European Union on any initiative of a Member State or of the Commission proposal pertaining to the adoption of any measure referred to in Article 10 (1), 10 (4), 18 (2), 24 (7), 26 (3), 30 (3), 31 (1), 42 (2) , or should this Convention or the Annex be amended in any way theret.
2. The Presidency of the Council or its representative may appear before the European Parliament with a view to discuss general questions relating to Europol. The Presidency of the Council or its representative may be assisted by the Director of Europol. The Presidency of the Council or its representative shall, with respect to the European Parliament, take into account the obligation of discretion and confidentiality.
3. The obligation laid down in this article shall be without prejudice to the rights of the national parliament and to the general principles applicable to relations with the European Parliament Treaty on pursuan to the European Union. "
19) shall be added the following to article 35 (4): "the five-year financing plan shall be sent to the Council. It shall also be forwarded by the Council to the European Parliament for information. "
20) In article 39 (4) the phrase starting with the words "the Brussels Convention" shall be replaced by "of the following: ' Council Regulation (EC) 44/2001 Of 22 December 2000 on jurisdiction and of the recognition and enforcement of judgment in civil and commercial matters."
21) shall be added the following paragraph to article 42: "3. Europol shall establish and maintain close cooperation with Eurojust, in so far as it is relevant for the performance of the tasks of Europol and for achieving its objective, taking into account the need to avoid duplication of effort. The essential elements of such cooperation shall be determined by an agreement to be established in accordanc with this Convention and its implementing measure. "
22 article 43 shall be amended) as follows: (a) In paragraph 1, the words "of article k.1 (9)" shall be deleted.
(b) Paragraph 3 shall be replaced by the following: "3. However, the Council, acting unanimously, may decide, after the Management Board has discussed the matter, to amend the Annex to this Convention by adding other forms of serious international crime or modifying the definition for therein."
the Annex shall be 23), amended as follows: (a) the title shall be replaced by the following: ' ANNEX referred to in article 2 list of other forms of serious international crime which Europol is competent to deal with in addition to those already provided for in article 2 (1) in compliance with Europol's objective as set out in article 2 (1) : "(b) the paragraph beginning with the words" In addition, in accordanc with article 2 (2) ' shall be deleted.
(c) In the paragraph beginning with the words "With regards to the forms of crime listed in article 2 (2)", "article 2 (2) shall be replaced by" "article 2 (1)".
(d) the following indent shall be added after the word "signed at Strasbourg on 8 November 1990.": "unlawful drug trafficking" — "means the criminal's listed in the article offenc 3 (1) of the United Nations Convention of 20 December 1988 against Illicit Traffic in Narcotics Drugs and Psychotropic substances and in the provision of the amending or replacing that Convention."
24) In article 10 (1) and (4), article 18 (2), article 29 (1), article 29 (6), article 30 (3), article 31 (1), article 35 (5) and (9), article 36 (3), article 40 (1), article 41 (3), article 42 (2) and article 43 (1), the words "in accordanc with the procedure put down in Title VI of the Treaty on European Union ' shall be deleted.
Article 2 1 shall be adopted by the Protocol by the Member States in accordanc with their respectiv is constitutional requirements.
2. Member States shall notify the Secretary-General of the Council of the European Union of the completion of the constitutional procedures for the adoption of this Protocol.
3. This Protocol shall enter into force ninety days after the notification referred to in paragraph 2 by the State which was a member of the European Union at the time of adoption by the Council of the Act establishing this Protocol and was the last to complete the notification.
Article 3 If this Protocol enter into force in accordanc with article 2 (3) prior to the entry into force of the Protocol drawn up on the basis of article 43 (1) of the Convention on the establishment of a European Police Office (Europol Convention) amending article 2 and the Annex to that in accordanc with Convention1, article 2 (3) thereof , the latter protocol shall be deemed to have been repealed.
Article 4 1 shall be. this Protocol open to accession by any State that become a member of the European Union if it has not already entered into force by the date of deposit of the instrument of accession to the Europol Convention to article 46 thereof pursuan.
2. The instruments of accession shall be deposited to this Protocol at the same time as the instrument of accession to the Europol Convention to article 46 thereof pursuan.
3. The text of this Protocol in the language of the acceding State, drawn up by the Council of the European Union, shall be authentic.
4. If this Protocol has not already entered into force at the time of expiry of the period referred to in article 46 (3) of the Europol Convention, it shall enter into force with respect to any acceding State on the date on which the Protocol enter into force in accordanc with article 2 (3).
5. If this Protocol enter into force pursuan to article 2 (3) prior to expiry of the period referred to in article 46 (3) of the Europol Convention, but after deposit of the instrument of accession referred to in paragraph 2, the acceding Member State shall accede to the Europol Convention as amended by this Protocol, in accordanc with article 46 of the Europol Convention.
Article 5 1. The Secretary-General of the Council of the European Union shall act as depository of this Protocol.
2. The depository shall publish in the Official Journal of the European Union information on adoption and accession and any others notification concerning this Protocol.
Done at Brussels on the twenty-seventh day of November in the year two thousand and three.
1 OJ C 358 13.12.2000, p., 2.
 
A Protocol on amendments to the Convention on the establishment of a European Police Office (Europol Convention), the Convention on the basis of article 43 (1) of This Protocol, the High Contracting Parties to the Convention on the establishment of a European Police Office (Europol Convention), the Contracting Parties, Member States of the European Union RELYING on 28 November 2003, the Council of the European Union Act, considering that: (1) it is necessary to amend the Europol Convention, taking into account the discussions in the Council.
(2) the need to provide appropriate support and resources to Europol to function effectively as the focal point of police cooperation.
(3) in order to strengthen Europol's operative support function in relation to national police institutions necessary to amendments to the Europol Convention.
(4) the European Council has stated that Europol has a key role with regard to cooperation between the competent authorities of Member States in cross-border criminal offences within the scope of the investigation, the level of the Union in support of crime prevention, analyses and investigation. The European Council invited the Council to provide the necessary support to Europol, have agreed upon the following provisions: article 1 the Europol Convention is amended as follows: 1) article 2 is replaced by the following: ' article 2 objective 1. Europol's goal is, in cooperation with the Member States in the field of police, in accordance with the Treaty on European Union, to the Convention these features improve the effectiveness of the competent authorities of the Member States and cooperation in preventing and combating serious forms of international crime If there are factual indications or has reason to believe is involved in an organized crime structure, and that the crime affecting two or more Member States in such a way that the size of the criminal offence, significance and consequences of a Member State require common action. For the purposes of this Convention the serious forms of international crime are regarded as the following criminal offences: crimes against human life, health, personal freedom or property committed or may be committed during acts of terrorism, illicit circulation of narcotic drugs, money laundering, illicit nuclear and radioactive substances, the movement of illegal immigrant smuggling, human trafficking, by a means of transport related crime and crime listed in the annex or specific manifestations thereof.
2. at the request of the Management Board, acting unanimously, the Council shall determine Europol's priorities in relation to its mandate within the heavy international crime fighting and prevention.
3. Europol's competence in relation to the criminal offence or specific expression so it is related to a criminal offence. However, it is not within the competence they offences for money laundering if it related to the crime, which is not within the competence of Europol in accordance with paragraph 1.
The following is considered and taken into account in accordance with articles 8 and 10 of the procedure: – criminal offences committed in order to procure the means for committing the criminal offence, which falls within the competence of Europol-criminal offences committed in Europol's competence for the promotion of criminal offences or for the purpose,

-criminal offences committed to ensure the competence of Europol the impunity of a criminal offence.
4. The purpose of this Convention, "competent authorities" shall mean all Member States national authorities, in accordance with national laws and regulations are responsible for crime prevention and control. "
2) in article 3 is amended as follows: (a) paragraph 3 is replaced by the following: "3. In connection with article 2, paragraph 1 of the said purpose by Europol may in addition in accordance with its existing staff and budget resources and management within the limits established by the Council to assist the Member States with advice and research in the following areas: 1) training competent authorities;
2) this organization, and equipment of the institutions, promoting Member States technical assistance;
3) crime prevention methods;
4) technical and forensic police methods and procedures of the investigation. "
(b) the following paragraph is added: "4. Without prejudice to the 1929 April 20 in Geneva, signed the Convention on the fight against counterfeiting and its Protocol, Europol also acts as the focal point of the European Union for contacts with third countries and organisations to combat counterfeiting of the euro."
3) in article 4 is amended as follows: (a) paragraph 2 is replaced by the following: "2. The national unit is the only coordinating organisation of cooperation between Europol and the competent national authorities. However, Member States may allow direct contacts between designated competent authorities and Europol with the rules laid down in the Member State in question, including the requirement to involve the first national unit.
The national unit shall at the same time receive from Europol any information exchanged in direct contacts between Europol and the competent authorities specified. National units and the competent authorities for the regulation of the national laws, in particular the relevant national constitutional requirements. "
(b) in paragraph 5, the words "as defined in the Treaty of the European Union article 2.2 K) in the paragraph" are replaced by the words "having regard to the maintenance of law and order and ensuring international security."
(c) paragraph 7 is replaced by the following: "7. the heads of the national units shall, on its own initiative or at the request of regular meetings to assist Europol by giving advice."
4 the following is added to article): "Article 6a information processing by Europol to fulfil its tasks, Europol may process data to determine whether a particular data is necessary for the performance of its mission and whether or not they are included in article 6, paragraph 1 of the computerized system of the information collected.
The Contracting Parties meeting within the Council by a two-thirds majority lays down rules on the processing of such data, in particular in relation to access to data and its use, as well as the storage and destruction of time limits, which may not exceed six months, subject to the principle laid down in article 14. The Management Board shall prepare the decisions of the Contracting Parties and shall consult with the referred to in article 24 of the Joint Supervisory Board. "
5) article 9 is amended as follows: (a) in paragraph 1, the first sentence is replaced by the following: "1. The national units, liaison officers, the Director, Deputy Director or duly authorised Europol officials shall have the right to input data directly to the information system and extract data from them."
(b) the following paragraph is added: "4. in addition to paragraph 1 in the national units and also the Member States, the competent authorities are entitled to turn to the Europol information system. However, the result of such a request can only contain a reference to the Europol information system or in the data requested are available. Further information can be obtained via the national unit.
Information on the competent authorities provided, including subsequent changes, shall be transmitted to the General Secretariat of the Council, which shall be published in the official journal of the European Union. "
6) article 10 is amended as follows: (a) the introductory part of paragraph 1 is replaced by the following: ' 1. Article 2 (1) for the attainment of the objectives laid down in the Europol additional data that is not associated with individuals, other files can store, modify and use data on Europol the competence of criminal offences, including data on related criminal offences specified in article 2, paragraph 3, subparagraph 2 and intended for specific checks and refers to: "(b) in paragraph 2, point 1 is replaced by the following text:" (1) analysts and other Europol officials designated by the Europol Directorate. "
(c) After paragraph 2 subparagraph 2 the following subparagraph is added: "the only analysts shall be empowered to enter data in the file and change this data; all participants can obtain the data from a file. "
(d) paragraph 5 is replaced by the following text: "5. insofar as, in accordance with the European Union or the international documents is authorized to gain computerised access to data from other information systems, Europol may obtain personal data by such means, if this is necessary in article 3 paragraph 1 referred to in point 2 of the duty. Rules for the use of this data is governed by existing European and international documents. "
(e) in point 8 the second sentence is replaced by the following text: "any analysis data dissemination or operational use of the decision, the Member State which transmitted the data to Europol. If you cannot determine which Member State sent to Europol data, decision on dissemination or operational use of analysis adopted by the parties involved. A Member State or an outside expert who joins the ongoing analysis, may not distribute or use the data without the prior consent of the Member States, which initially involved in the analysis. "
(f) the following paragraph is added: ' 9. Europol is entitled to invite third States or third bodies experts within the meaning of paragraph 4, participate in any analysis in the work of the group as an invited expert, if: (1) there is an agreement in force between Europol and the third country or third body which lays down the rules for the exchange of information, including personal data, as well as the provisions of the exchanged information privacy rules;
(2) the third State or third body of experts is in the interest of the Member States;
(3) the third State or third body is directly related to the specific analytical work, and (4) all members within the meaning of paragraph 2, the agreement with the third country or third bodies to involve expert analysis in the work of the group.
The third State or third body involvement of expert analysis in the work of the group in accordance with an agreement between Europol and the third State or third body. The rules governing such arrangements shall be determined by the management board by a two-thirds majority.
Agreement between Europol and the third country or third rules are sent to the institutions referred to in article 24 of the joint supervisory body, which may make the necessary comments Management Council. "
7) article 12 is replaced by the following: ' article 12 command for opening a data file 1. every computerized data file containing personal data that Europol uses referred to in article 10 tasks, Europol data file in order to open details: 1) the file name;
2) file;
3) groups of people, for which the data is stored;
4) nature of the data stored and all the data listed in the Council of Europe of 28 January 1981 of the Convention article 6, first sentence, and which is certainly necessary;
5) used the type of personal data that is used to create the file;
6) data stored or introduction;
7) conditions under which the file is stored in personal data may be communicated, for the beneficiaries and in some way;
8) data and the storage time limits;
9) audits file creation method.
2. The Director of Europol shall immediately inform the Management Board provided for in article 24 and the joint supervisory authority for the order to open the file, and they receive the dossier.
The joint supervisory body may submit appropriate comments controller Council. The Director of Europol is entitled to request the joint supervisory body to do it within a certain time period.
3. the Management Board may at any time request the Director of Europol to amend an order for opening a file or close the file. The Management Board shall decide the date on which such amendment or closure of the file take effect.
4. Data file cannot be stored for more than three years. However, before the end of the three year period Europol shall review the need to continue with this file. If it is necessary to file targets, the Director of Europol may continue to command file to a new three-year period. In such cases, follow the procedure referred to in points 1-3. "
8) article 16 is replaced by the following: ' article 16 data acquisition control provisions, Europol shall establish appropriate control mechanisms to help you verify data from article 6 and referred to in Article 6a of the computerised system of information collected by legality.

In this way, data is only used for this purpose by Europol and articles 23 and 24 of that supervisory authorities, and they are destroyed after 6 months, unless the data is not needed for future purposes. Such control mechanism parts adopt the Management Board after consultation of the Joint Supervisory Board. "
9) in article 18 is amended as follows: 1. the third subparagraph of paragraph 1 is replaced by the following: "(3) it is permitted under the General provisions within the meaning of paragraph 2; such rules may allow for diversions from the provisions of paragraph 2, in cases of emergency, where the Director of Europol considers the transmission of such data is absolutely necessary to protect the interests of the participating Member State in the framework of the objectives of Europol, or to prevent imminent criminal offence related to the threat. The Director of Europol in all cases take into account the specific country or institution as defined in the data protection level to balance the level of data protection with the above interests. "
10) article 21, paragraph 3 is replaced by the following: "3. The need to continue to keep the personal data relating to article 10, paragraph 1, the persons referred to in the report each year, and the report is recorded. The following data storage referred to in article 12 data files do not exceed term of existence of the file. "
11) article 22 the following point is added: "4. information under this section, the principles applicable to the processing of data in the form of the document."
12) article 24, paragraph 6, the words "in accordance with Title VI of the Treaty on European Union the procedures referred to in the Council;" is replaced by the following: "these reports to the European Parliament and the Council;"
13) paragraph 3 of article 26, the words "and title VI of the Treaty on European Union" are deleted.
28. Article 14) is amended as follows: (a) paragraph 1 is replaced by the following text: "(1) participate in Europol's priorities in relation to its mandate within the heavy international crime fighting and prevention (article 2, paragraph 2);"
(b) the following point is added: "(3a) are involved in the processing of data related with the conditions for determining whether such data are necessary for the performance of its tasks and can be included in the computerised system of information collected (article 6 (a)));"
"(4a) by a two-thirds majority, lay down the rules on third country or third bodies linking the analysis of experts in its work (article 10);"
(c) paragraph 7 is replaced by the following text: "(7) can ask the Director of Europol to amend an order on file open or close a file (article 12, paragraph 3);"
(d) the following point is added: "(14) with a two-thirds majority, shall adopt rules for access to Europol documents (article 32);"
(e) point 22 is replaced by the following text: "(22) participate in all of the Convention or its annexes amendments (article 43);"
(f) point 10 is replaced by the following text: "10. in the light of the priorities established by the Council in accordance with article 2, paragraph 2, as well as the Director of Europol article 29 provided in paragraph 3, provided for in paragraph 6, the latest information, the Management Board shall each year, by unanimous vote adopted: 1) General report on Europol's activities during the previous year;
2 report on the future of Europol) activities, taking into account the requirements of the Member States and Europol's budget and staff.
These reports shall be submitted to the Council and approval. The Council also forward these reports to the European Parliament for information. "
15) article 29:6. Sub-paragraph is replaced by the following: "6) regular reporting to the Management Board on article 2, paragraph 2, of the priority measures;" — the following paragraph is added: "7) other responsibilities entrusted to him by the Convention or the Management Board."
16) article 30, paragraph 1, the words "Title VI" are deleted.
17 the following article) is inserted: ' article 32 access rights with regard to Europol documents After the proposal of the Director of Europol's Management Board by a two-thirds majority, shall adopt the rules under which Europol documents can access every citizen of the Union and any natural or legal person residing in a Member State or of the registered office of which is located in this State, subject to the European Parliament and of the Council on the principles laid down in the Statute and the deadlines for public access to European Parliament , Council and Commission documents, adopted in accordance with the Treaty establishing the European Community Article 255. "
18) article 34 is replaced by the following: ' article 34 provision of information to the European Parliament 1. The Council, acting in accordance with the Treaty on European Union established procedure, consult with the European Parliament on the initiative of any Member State or the Commission's proposal relating to any article 10, paragraph 1 of article 10, paragraph 4 of article 18, paragraph 2, article 24, paragraph 7, article 26, paragraph 3, article 30, paragraph 3 of the Article 31, paragraph 1, and article 42, paragraph 2, the application of the measure envisaged, as well as in cases where this Convention or its annexes are modified in any way.
2. the Presidency of the Council or its representative has the right to speak in the European Parliament, to discuss with Europol. The Director of Europol is authorised to provide assistance to the Presidency of the Council of the State or its representative. The Presidency of the Council or its representative for the European Parliament to respect the privacy and confidentiality requirements.
3. the obligations set out in these articles, without prejudice to the rights of the national parliaments and the General principles which, in accordance with the Treaty on European Union apply to relations with the European Parliament. "
19) article 35 is added to paragraph 4, the following text: "five year financial plan transmitted to the Council. The Council transmitted to the European Parliament for information. "
20) article 39 paragraph 4 sentence paragraph beginning with the words "27 September 1968 Brussels Convention", is replaced by the following text: "2000 22 December Council Regulation No 44/2001, (EC) on jurisdiction and the enforcement of judgments in civil and commercial matters".
21) article 42 is the following paragraph shall be added: ' 3. Europol shall establish and maintain close cooperation with Eurojust, Europol, as far as it is necessary for the performance of the tasks and objectives, keeping in view the need to avoid duplication of activities. The basic elements of such cooperation is the agreement, to be concluded in accordance with this Convention and its implementation. "
22) article 43 is amended as follows: (a) in paragraph 1, the words "in article 9, point K1" are deleted.
(b) paragraph 3 is replaced by the following: "However, the Council, acting unanimously after consultation of the Board of management of the question may decide to amend the annexes to this Convention by adding to the list of other serious types of international crimes or amending the definitions given in the annex."
23) in the annex is amended as follows: (a) the Title is replaced by the following: "2. the annex referred to in article other serious international crime list of Europol engaged in addition to article 2, paragraph 1 of the criminal offences in accordance with article 2 (1) Europol's objectives referred to:" (b) the part that begins with the words "in addition, in accordance with article 2, paragraph 2" is deleted.
(c) paragraph beginning with the words "with regard to article 2, paragraph 2 of the criminal offence referred to in" the words "in article 2, paragraph 2" shall be replaced by the words "article 2".
(d) after the words "signed the 1990 8 November, Strasbourg" the following text is added: "-' illegal drug circulation" is a criminal offence that is considered of 20 December 1988 on the United Nations Convention against illicit traffic in narcotic drugs and psychotropic substances and the provisions for the movement of amendments or substitution of this Convention. "
24) of paragraph 1 of article 10, paragraph 4 of article 10, article 18, paragraph 2, article 29, paragraph 1 of article 29 paragraph 6, article 30, article 31, paragraph 1 of article 35 5 and 9 points, article 36, paragraph 3 of article 40, paragraph 1 of article 41, paragraph 3 of article 42, paragraph 2, and article 43, paragraph 1, the words "in accordance with Title VI of the Treaty on European Union" are deleted.
2. Article 1 of this Protocol. Member States should adopt, in accordance with their respective constitutional requirements.
2. Member States shall notify the Secretary-General of the Council of the European Union on the adoption of this Protocol, the required constitutional procedures.
3. this Protocol shall enter into force ninety days after the notification referred to in paragraph 2 shall be submitted by the last Government, which as a Member State of the European Union on the date on which the Council has adopted the provisions of this Protocol, has submitted this communication.
3. article if this Protocol in accordance with article 2 (3) shall enter into force before the entry into force of the Protocol amending the Convention on the European Police Office (Europol Convention) and the Pielikumā1 in article 2 on the basis of article 43 of that Convention (1) of this Protocol, in accordance with article 2, paragraph 3, the last Protocol is considered void.
4. Article 1 of this Protocol may accede to each State which becomes a member of the European Union, if it has not yet entered into force at the date on which the said State shall submit documents to the depositary on accession to the Europol Convention in accordance with its article 46.

2. the documents of accession to this Protocol are submitted together with the documents of accession to the Europol Convention in accordance with its article 46.
3. The text of the Protocol in the language of the acceding State, drawn up by the Council of the European Union, shall be authentic.
4. If this Protocol has not yet entered into force at the time when the article 46 of the Europol Convention by the deadline laid down in paragraph 4, the Member State which it accedes, shall enter into force on the date when this Protocol shall enter into force in accordance with article 2, paragraph 3.
5. If this Protocol in accordance with article 2, paragraph 3, before the entry into force of the Europol Convention, article 46, paragraph 4 of the deadline, but referred to in paragraph 2, after the accession of the Member State which accedes to the present Protocol, joins the Europol Convention, as amended by this Protocol, in accordance with article 46 of the Europol Convention.
1. Article 5, the Secretary-General of the Council of the European Union shall act as depositary of this Protocol.
2. the depositary shall publish in the official journal of the European Union for the adoption of the Protocol, accession to this Protocol and any other information in the context of this Protocol.
Signed in Brussels, two thousand and three twenty-seventh day of November.
1 OJ C 358, 13.12.2000, p. 1.