The Saeima has adopted and the President promulgated the following laws: On 26 July 1995, the Convention on the establishment of a European Police Office, which is based on the Treaty on European Union, Article K.3 (Europol Convention), of 23 July 1996, the Protocol on the Convention on the establishment of a European Police Office interpretation by the European Court of Justice with the previous ruling, which is based on the Treaty on European Union, Article K.3, and 19 June 1997, the Protocol on Europol's members of, the institution, a Deputy Director of Europol and the privileges and immunities of staff, based on the Treaty on European Union, Article K3 of the Europol Convention and article 41, paragraph 3 of article 1. of 26 July 1995 on the Convention on the establishment of a European Police Office, which is based on the Treaty on European Union, Article K.3 (Europol Convention) (hereinafter referred to as the Convention), of 23 July 1996, the Protocol on the Convention on the establishment of a European Police Office interpretation by the European Court of Justice with the previous ruling, which is based on the Treaty on European Union, Article K.3 (Protocol I), and 19 June 1997 Protocol on Europol's members of, the institution, a Deputy Director of Europol and the privileges and immunities of staff, based on the Treaty on European Union, Article K3 of the Europol Convention and article 41 (3) (hereinafter referred to as Protocol II), of this law are accepted and approved. 2. article. In accordance with article 2 of the Convention the fourth subparagraph, the competent authorities are: the national police;
Security police;
The National Guard;
The State revenue service;
The General Prosecutor's Office;
Money laundering crime prevention service. 3. article. In accordance with article 4 of the Convention the first part on the national team to fulfil the tasks laid down in the Convention are national police chief criminal police administration for international cooperation in the management of Europol, national Office. 4. article. In accordance with article 23 of the Convention, the first part of the national monitoring authority whose task is to monitor whether the person is allowed to enter, the data acquisition and transmission, and whether or not it is in violation of the rights of the data subject, the data State Inspectorate established. 5. article. In accordance with article 24 of the Convention the first part, the representatives of the joint supervisory body shall nominate the data State Inspectorate. 6. article. In accordance with article 28 of the Convention, the second part represents the Management Council nominated the Ministry of the Interior. 7. article. In accordance with article 35 of the Convention, the eighth of the Budget Committee of the Financial representative nominated by the Ministry of the Interior. 8. article. In accordance with article 2 of Protocol I of the second part of the "a" section any Latvian Court ruling in accordance with national regulations, it is not open to appeal, shall be entitled to ask the Court of Justice of the European communities to give a preliminary ruling on a question arising in the case and the case concerns the interpretation of the Europol Convention. 9. article. Communications Officer status in the European Police Office and the shipping order is determined by the Cabinet of Ministers. 10. article. Arrangements for the selection of candidates for the European Police Office is determined by the Cabinet of Ministers. 11. article. The law shall enter into force on 1 May 2004. With the law put the Convention, Protocol I and Protocol II in English and their translation into Latvian language. 12. article. The Convention shall enter into force on its article 46 and for the period specified in the order, and the Ministry of Foreign Affairs shall notify the newspaper "journal". 13. article. (I) the Protocol shall enter into force article 5 within the time and in order, and the Ministry of Foreign Affairs shall notify the newspaper "journal". 14. article. Protocol II shall enter into force for the period specified in article 16, and in 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 April 27 the Convention Based on article k. 3 of the Treaty on European Union, on the establishment of a European Police Office (Europol Convention), the HIGH CONTRACTING parties to the present Convention, Member States of the European Union, REFERRING to the Council Act of the twenty-sixth day of July in the year one thousand nine hundred and ninety-five; AWARE of the urgent problems arising from terrorism, unlawful drug trafficking and other serious forms of international crime; Whereas there is a need for progress in solidarity and co-operation between the Member States of the European Union, particularly through an improvement in police cooperation between the Member States; Whereas such progress should enable the protection of security and public order to be further improved; Whereas the establishment of a European Police Office (Europol) was agreed in the Treaty on European Union of 7 February 1992; In VIEW of the decision of the European Council of 29 October 1993 that Europol should be established in the Netherlands and have its seat in the Hague; MINDFUL of the common objective of improving police cooperation in the field of terrorism, unlawful drug trafficking and other serious forms of international crime through a constant, confidential and intensive exchange of information between Europol and Member States ' national units; On the UNDERSTANDING that the forms of cooperation put down in this Convention should not be other forms of bilateral affec or multilaterals cooperation; CONVINCED that in the field of police co-operation, particular attention must be paid to the protection of the rights of the individual, and in particular to the protection of their personal data; Whereas the activities of the Europol Convention by a Council under this without prejudice to the powers of the European communities; whereas Europol and the communities have a mutual interest, in the framework of the European Union, in establishing type of cooperation enabling each of them to perform their tasks as effectively as respectiv possible, have AGREED as follows: title I: establishment and tasks article 1: establishment of 1. The Member States of the European Union, hereinafter referred to as "Member States", hereby establish a European Police Office, hereinafter referred to as "Europol". 2. Europol shall liais with a single national unit in each Member State, to be established or designated in accordanc with article 4 Article 2: objective 1. The objective of Europol shall be, within the framework of cooperation between the Member States to their article k. pursuan 1 (9) of the Treaty on 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 terrorism, unlawful drug trafficking and other serious forms of international crime where there are factual indication that an organised criminal structure is involved and two or more Member States are affected by the form of crime in question 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. 2. In order to achieve progressively the objective mentioned in the paragraph 1, Europol shall initially Act to prevent and combat unlawful drug trafficking, trafficking in nuclear and radioactive substances, illegal immigrant smuggling, trade in human being and motor vehicle crime. Within two years at the latest following the entry into force of this Convention, Europol shall also deal with crimes committed or likely to be committed in the course of terrorist activities against the life, personal freedom or property Limbu. The Council, acting unanimously in accordanc with the procedure put down in Title VI of the Treaty on European Union, may decide to instruct Europol to deal with such terrorist activities before the period has expired for that. The Council, acting unanimously in accordanc with the procedure put down in Title VI of the Treaty on European Union, may decide to instruct Europol to deal with other forms of crime listed in the Annex to this Convention or specific of manifestation thereof. Before acting, the Council shall instruct the Management Board to prepare its decision and in particular it set out the energy and staffing implications for Europol. 3. Europol's competence as regards a form of crime or specific manifestation of thereof shall cover both: 1) money-laundering illegal activities in connection with these forms of crime or specific of manifestation thereof; 2) related criminal offenc. 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: • criminal committed in order of the offenc Procura the means for perpetrating acts within the sphere of competence of Europol; • criminal committed in order of the offenc facilitat or carry out acts within the sphere of competence of Europol; • the criminal of the offenc committed to ensur the impunity of acts within the sphere of competence of Europol. 4. For the purpose of this Convention, "the competent authorities" means all public bodies existing in the Member States which are responsible under national law for preventing and the combating criminal offenc. 5. For the purpose of paragraphs 1 and 2, "unlawful drug trafficking" means the criminal of the offenc listed in article 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. Article 3: Task 1. In the framework of its objective pursuan to article 2 (1), Europol shall have the following principal tasks: 1) to the exchange of facilitat information between the Member States; 2 to obtain, collate) and analyse information and intelligence; 3 notify the competent to) the authorities of the Member States without delay via the national units referred to in article 4 of the information concerning them and of any connections identified between criminal offenc; 4) it AIDS investigations in the Member States by forwarding all relevant information to the national units; 5 maintain a computerized system) of collected information containing data in accordanc with articles 8, 10 and 11. In order to improve the cooperation and effectiveness of the competent authorities in the Member States through the the national units with a view to fulfilling the objective set out in article 2 (1), Europol shall furthermore have the following additional tasks: 1) to develop specialist knowledge of the investigative procedures of the competent authority the authorities in the Member States and to provide advice on investigations; 2) to provide strategic intelligence to assist with and promote the efficient and effective use of the resources available at national level for operational activities; 3) prepare general situation reports. 3. In the context of its objective under article 2 (1) Europol may, in addition, in accordanc with its staffing and the energy resources at its disposal and within the limit set by the Management Board, assist Member States through advice and research in the following areas: 1) training of members of their competent authorities to; 2) organization and equipment of those authorities; 3) crime prevention methods; 4) technical and forensic police methods and investigative procedure. Article 4: National units 1. Each Member State shall establish a national unit or designat to carry out the tasks listed in this article. 2. The national unit shall be the only our body between Europol and the competent national authorities. Relationship between the national unit and the competent authorities shall be governed by the national law, and, in particular the relevant national constitutional requirements. 3. Member States shall take the measure of the cessary ensur that the national units to fulfil their task of able and, in particular, have access to relevant national data. 4. It shall be the task of the national units supply Europol on their: 1) their own initiative with the information and intelligence for it not to carry out cessary it task; 2) responds to Europol's requests for information, intelligence and advice; 3) keep information and intelligence up to date; 4) evaluate information and intelligence in accordanc with national law for the competent authorities and to transmit this material to them; 5) issue requests for advice, information, intelligence and analysis to Europol; 6) supply Europol with information for storage in the computerized system; 7) of compliance with ensur the law in every Exchange of information between themselves and Europol. 5. Without prejudice to the exercise of the responsibilities to Member States upon a sharp incumben set out in article 2 (K) (2) of the Treaty on European Union, a national unit shall not be obliged in a particular case to supply the information and intelligence provided for in paragraph 4, points 1, 2 and 6 and in articles 7 and 10 if this would mean : 1 harming essential national security interests); or 2) jeopardizing the success of a current investigation or the safety of an individual; 3 involving information pertaining to organizations) or specific intelligence activities in the field of State security. 6. The costs incurred by the national units for communications with Europol shall be borne by the Member States and, apart from the costs of connection, shall not be charged to Europol. 7. The Heads of the national units shall meet as not to assist Europol by giving cessary advice. Article 5: the Liason Officer 1. Each national unit shall second at least one Liason officer to Europol. The number of our officers who may be sent by Member States to Europol shall be let down by the unanimous decision of the Management Board; the decision may be altered at any time by unanimous decision of the management of the Board. Except as otherwise stipulated in specific provision of this Convention, our officers shall be subject to the national law of the seconding Member State. 2. The Liason officers shall be instructed by their national units to represen the interests of the latter within Europol in accordanc with the national law of the seconding Member State and in compliance with the provision is applicable to the administration of Europol. 3. Without prejudice to article 4 (4) and (5), the Liason officers shall, within the framework of the objective put down in article 2 (1), assist in the exchange of information between the national units which have seconded them and Europol, in particular by: 1 providing Europol with information from) the seconding national unit; 2) forwarding information from Europol to the seconding national unit; and 3) cooperating with the officials of Europol by providing information and giving advice as regards the analysis of the information concerning the seconding Member State. 4. At the same time, the Liason officers shall assist in the exchange of information from their national units and the coordination of the resulting measure in accordanc with their national law and within the framework of the objective put down in article 2 (1). 5. To the exten to cessary for the performance of the tasks under paragraph 3 above, the Liason officers shall have the right to consult the various files in accordanc with the appropriate provision is specified in the relevant articles. 6. Article 25 shall apply mutatis mutandis to the activity of the Liason officer. 7. Without prejudice to the other provision of this Convention, the rights and obligations of our officers to Europol shall be determined in relations unanimously by the Management Board. 8. Our officers shall enjoy the privilege and to the immunit cessary for the performance of their tasks in accordanc with article 41 (2). 9. Europol shall provide Member States free of charge with the cessary premise in the Europol building for the activity of their Liason officer. All other costs which «arise in connection with seconding Liason officers shall be borne by the seconding Member State; This shall also apply to the costs of equipment for our officers, to the exten to that the Management Board does not unanimously recommend otherwise in a specific case when drawing up the budget of Europol. Article 6: Computerized system of Collected Information, Europol shall maintain a 1 computerized system of collected information consisting of the following components: 1) an information system as referred to in article 7 with a restricted and precisely defined content which allows rapid reference to the information available to the Member States and Europol; 2) works as referred to in the files article 10 established for variable periods of time for the purpose of analysis and containing comprehensive information and 3) an index system containing certain particular from the analysis files referred to in point 2, in accordanc with the arrangements laid down in article 11. The computerized system of collected information operated by Europol must be linked to from the under of circumstanc others automated processing systems, except for the automated processing systems of the national units. Title II: Information System article 8: establishment of the Information System 1. In order to perform its tasks, Europol shall establish and maintain a computerized information system. The information system, into which Member States, represented by their national units and liason officer, may directly input data in compliance with their national procedures, and into which Europol may directly input data supplied by third States and third bodies and analysis of the data, shall be directly accessible for consultation by national units, Liason officer, the Director, the Deputy Director and duly empowered Europol officials. Direct access by the national units to the information system in respect of the persons referred to in article 8 (1), point 2 shall be restricted solely to the details of identity listed in article 8 (2). If needed for a specific enquiry, the full range of data shall be accessible to them via the Liason officer. 2. Europol shall: 1) have the task of ensuring compliance with the provision in each cooperation on and operation of the information system, and 2) be responsible for the proper working of the information system in technical and operational respect. Europol shall in particular take all measure to ensur not cessary that the measure referred to in the articles 21 and 25 regarding the information system are properly implemented. 3. The national unit in each Member State shall be responsible for communication with the information system. It shall, in particular, be responsible for the security measure referred to in article 25 of in respect of the data-processing equipment used within the territory of the Member State in question, for the review in accordanc with article 21 and, insofar as required under the law, regulation, administrative provision and procedures of that Member State, for the proper implementation of this Convention in respect of others. Article 8: the content of the Information System 1. The information system may be used to store, modify and utilizes only the data not cessary for the performance of Europol's tasks, with the exception of data concerning related criminal offenc referred to the axis in the second subparagraph of article 2 (3). Data entered shall relate to: 1), in accordanc who the person with the national law of the Member State concerned, are suspected of having committed or having taken part in a criminal for which Europol is competent offenc under article 2 or who have been convicted of such an offenc; 2) persons who there are serious grounds under national law for believing will commit criminal for which Europol is competent offenc under article 2 Personal data axis 2 referred to in paragraph 1 may include only the following details: 1) surname, maiden name, given names and any alias or assumed name; 2) date and place of birth; 3) nationality; 4) sex, and 5) where no other characteristics is likely the cessary, assist in identification, including any specific objective physical characteristics not subject to change. 3. In addition to the data referred to in paragraph 2 and data on Europol or the inputting national unit, the information system may also be used to store, modify and utilizes the following details concerning the persons referred to in paragraph 1:1), the alleged crimes criminal offenc and when and where they were committed; 2) means which were or may be used to commit the crimes; 3) handling the department case and their filing references; 4 suspected membership of a criminal organization); 5 convictions, where they) relate to the criminal for which Europol is competent offenc under article 2. These data may also be input when they do not yet contain any reference to the person. Where Europol inputs the data itself, as well as giving its filing reference, it shall also indicates the whethers the data were provided by a third party or with the result of its own analyses. 4. Additional information held by Europol or national units concerning the persons referred to the group of in paragraph 1 may be communicated to any national unit or Europol should either so request. The national units shall do so in compliance with their national law. Where the additional information concerns one or more related criminal offenc axis defined in the second subparagraph of article 2 (3), the data stored in the information system shall be marked accordingly to enable national units and Europol to exchange information on the related criminal offenc. 5. If proceedings against the person concerned with a dropped or if that person is acquitted, the data relating to either decision shall be deleted. Article 9: right of access to the Information System 1. Only national units, Liason officer, and the Director, Deputy Director or duly empowered Europol officials shall have the right to input data directly into the information system and retrieve it therefrom. Data may be retrieved where this is not cessary for the performance of Europol's tasks in a particular case; retrieval shall be effected in accordanc with the law, regulations, administrative procedures and provision of the retrieving unit, subject to any additional provision is led in this Convention. 2. Only the unit which entered the data may modify, correct or delete such data. Where a unit has reason to believe that data as referred to in article 8 (2) are incorrect or wishes to supplement them, it shall immediately inform the inputting unit; the latter shall such notification without delay the examin and if not, Supplement, modify cessary correct or delete the data immediately. Where the system contains data as referred to in article 8 (3) concerning (a) any person may enter additional data unit as referred to in article 8 (3). Where there is an obvious contradiction between the data input, the units concerned shall consult each other and reach agreement. Where a Unit intends to delete altogether data as referred to in article 8 (2) which is a person and has input on where the data referred to in article 8 the axle (3) is held on the same person but input by other units, responsibility in terms of data protection legislation to article 15 pursuan (1) and the right to modify, Supplement, correct and delete such data pursuan to article 8 (2) shall be transferred to the next unit to have entered data as referred to in article 8 (3) on the person. The unit intending to delete shall inform the unit to which responsibility in terms of data protection is transferred of its intention. 3. Responsibility for the permissibility of retrieval from, input into and modifications within the information system shall lie with the retrieving, inputting or modifying unit; It must be possible to identify that unit. The communication of information between national units and the competent authorities in the Member States shall be the governed by national law. Title III: the Work files for the Purpose of analysis Article 10: Collection, Processing and Utilization of Personal data 1. Where this is not the cessary achieve the objective put down in article 2 (1), Europol, in addition to data of a non-personal nature, may store, modify, and utilizes in other files on criminal data which Europol is competent offenc insurance under article 2 (2) , 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 concerning: 1) as referred to in article 8 (1); 2) person who might be called on to testify in investigations in connection with the considerations of the offenc under or in subsequent criminal proceedings; 3) persons who have been the victim of one of the offenc considerations or with regards to the under of whom certain facts give reason for believing that they could be the victim of such an offenc; 4) contacts and Associates, and 5) who can provide information on the criminal of the offenc under considerations. The collection, storage and processing of the data listed in the first line of the article 6 of the Council of Europe Convention of 28 January 1981 with regards to Automatic Processing of Personal data shall not be permitted unless strictly cessary for the not a purpose of the file concerned and unless such data supplement to other personal data already entered in that file. It shall be prohibited to select a particular group of persons solely on the basis of the data listed in the first line of the article 6 of the Council of Europe Convention of 28 January 1981 in breach of the aforementioned rules with regards to their purpose. The Council, acting unanimously, in accordanc with the procedure put down in Title VI of the Treaty on European Union, shall be implementing rules for adop data prepared by the files Management Board containing additional details, in particular with regards to the categories of personal data referred to in this article and the provision of concerning the security of the data concerned and the internal supervision of their use. 2. Such files shall be opened for the purpose of analysis defined as the assembly, processing or utilization of data with the aim of helping a criminal investigation. Each analysis project shall entail the establishment of an analysis group closely associating the following participants in accordanc with the tasks defined in article 3 (1) and (2) and article 5 (3): 1) analysts and others officials designated by the Europol Europol Directorate: only analysts shall be authorized to enter data into and retrieve data from the file concerned; the Liason officer 2) and/or experts of the Member States supplying the information or concerned by the analysis within the meaning of paragraph 6.3. At the request of Europol or on their own initiative, national units shall, subject to article 4 (5), communicate to Europol all the information which it may require for the performance of its tasks under article 3 (1) , point 2. The Member States shall communicate such data only where processing thereof for the purpose of preventing, analysing or combating the offenc is also authorized by their national law. Depending on their degree of sensitivity, data from national units may be routed directly and by whatever means may be appropriate to the analysis groups, via the whethers Liason officers concerned or not. 4. If, in addition to the data referred to in paragraph 3, it would be justified for Europol to have se other information for the performance of tasks under article 3 (1), point 2, Europol may request that: 1) the European communities and bodies governed by public law established under the Treats to establishing those communities; 2 other bodies governed by) public law established in the framework of the European Union; 3) bodies which are based on an agreement between two or more Member States of the European Union; 4) third States; 5) international organization and the bodies governed by their subordinat public law; 6) other bodies governed by public law which are based on an agreement between two or more States, and 7 the International Criminal Police) Organization, forward the relevant information to it by whatever means may be appropriate. It may also, under the same conditions and by the same means, accept information provided by those various bodies on their own initiative. The Council, acting unanimously in accordanc with the procedure put down in Title VI of the Treaty on European Union and after consulting the Management Board, shall draw up the rules to be observed by Europol in this respect. 5. Insofar as Europol is entitled under other Convention to gain computerized 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 pursuan to article 3 (1), point 2.6. If an analysis is of a general nature and of a strategic type, all Member States , through Liason officers and/or experts, shall be fully associated in the finding thereof, in particular through of the communications of the reports drawn up by Europol. If the analysis bears on specific cases not concerning all Member States and has a direct operational aim, representatives of the following Member States participat-therein shall: 1) Member States which were the source of the information giving rise to the decision to open the analysis file, or those which are directly concerned by that information and Member States subsequently invited by the analysis group to take part in the analysis because they are also becoming concerned; 2) Member States which learn from consulting the index system that they need to be informed and to asser that need to know under the condition laid down in paragraph 7 7. The need to be informed may be claimed by authorized Liason officer. Each Member State shall nominat and a limited number of such authoriz liason officer. It shall forward the list thereof to the Management Board. A Liason officer shall claim the need to be informed as defined in paragraph 6 by means of a written reasoned statement approved by the authority to which he is in his Member State subordinat and forwarded to all the participants in the analysis. He shall then be automatically associated in the analysis in progress. If an objection is raised in the analysis group, automatic association shall be deferred until completion of a procedure, ACAS which may stage three axis compris follow: 1) the participants in the analysis shall endeavour to reach agreement with the Liason officer claiming the need to be informed; They shall have no more than eight hours for that purpose; 2) if agreement is reached, from the heads of the national units concerned and the Directorate of Europol shall meet within three days; 3) if the disagreemen to persist, the representatives of the parties concerned on the Management Board shall meet within eight days. If the Member State concerned does not waiv it need to be informed, automatic association of that Member State shall be decided by consensus. 8. The Member State communicating an item of data to Europol shall be the sole judge of the degree of sensitivity of the its and variation thereof. Any dissemination or operational use of data shall be decided by the analysis on in consultation with the participants in the analysis. (A) the Member State joining an analysis in progress may not, in particular, disseminat or use the data without the prior agreement of the Member States initially concerned. Article 11: Index system 1. An index system shall be created by Europol for the data stored on the files referred to in article 10 (1). 2. The Director, Deputy Director and duly empowered officials of Europol and liason officers shall have the right to consult the index system. The index system shall be such that it is clear to the Liason officer consulting it, from the data being consulted, that the files referred to in article 6 (1), point 2 and article 10 (1) contain data concerning the seconding Member State. Access by our officers shall be defined in such a way that it is possible to determin the whethers or not an item of information is stored, but that it is not possible to establish connections or further conclusions regarding the content of the files. 3. The detailed procedures for the design of the index system shall be defined by the Management Board acting unanimously. Article 12: Order Opening a data file 1. For every computerized data file containing personal 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, which shall require the approval of the Management Board: 1) the file name; 2) the purpose of the file; 3) the groups 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-limit for examination and duration of storage; 9) the method of establishing the audit log. The joint supervisory body provided for in article 24 shall immediately be advised by the Director of Europol of the plan to order the opening of such a data file and shall receive the dossier so that it may address any comments it does not it the cessary deemas Management Board. 2. If the urgency of the matter is such as it preclud is obtaining the approval of the Management Board as required under paragraph 1, the Director, on his own initiative or at the request of the Member States concerned, may by a reasoned decision, order the opening of a data file. At the same time he shall inform the members of the Management Board of his decision. The procedure shall then pursuan to paragraph 1 be set in motion without delay and completed as soon as possible. Title IV: Common Provision on Information Processing article 13: Duty to Notify Europol shall promptly notify the national units and also their Liason officers if the national units so request, of any information concerning their Member State and of connections identified between criminal for which Europol is competent offenc under article 2. Information and intelligence concerning other serious criminal offenc, of which Europol become aware of in the course of its duties , may also be communicated. Article 14: the Standard of Data Protection 1. By the time of the entry into force of this Convention at the latest, each Member State shall, under its national legislation, take the cessary measure in relations to the processing of personal data in data files in the framework of this Convention to ensur a standard of data protection which at least correspond to the standard resulting from the implementation of the principles of the Council of Europe Convention of 28 January in 1981, and, in doing so, shall take account of Recommendations from the R (87) 15 of the Committee of Minister of the Council of Europe of 17 September 1987 concerning the use of personal data in the police sector. 2. The communication of personal data provided for in this Convention may not begin until the data protection rules passed down in paragraph 1 above have entered into force on the territory of each of the Member States involved in such communication. 3. In the collection, processing and utilization of personal data Europol shall take account of the principles of the Council of Europe Convention of 28 January 1981 and of Recommendations From R (87) 15 of the Committee of Minister of the Council of Europe of 17 September 1987. Europol shall also observe these principles in respect of non-automated data held in the form of data files , i.e. any other any structured set of ... personal data accessible in accordanc with specific criteria. Article 15: Responsibility in Data Protection matters 1. Subject to other provision in this Convention, the responsibility for data stored at Europol, in particular as regards the legality of the collection, the transmission to Europol and the input of data, as well as their accuracy, their up-to-date nature and verification of the data of the storage time limits, shall lie-with: 1) the Member State which input or otherwise communicated the data; 2) Europol in respect of data communicated to Europol by third parties or which result from analyses conducted by Europol. 2. In addition, subject to others in this Convention provision, Europol shall be responsible for all data processed by Europol and received by it, such data be whethers in the information system referred to in article 8, in the data files opened for the purpose of analysis referred to in article 10, or in the index system referred to in article 11 , or in the data files referred to in article 14 (3). 3. Europol shall store data in such a way that it can be established by which Member State ora third party the data were transmitted or ut300r2u whethers the result of an analysis by Europol. Article 16: the Provision on the Drawing Up of reports On average, Europol shall draw up reports for at least one in ten retrieval of personal data — and for each retrieval made within the information system referred to in article 7, in order to check whethers ut300r2u permissibl under the law. The data led in the reports shall only be used for that purpose by Europol and the supervisory bodies referred to in articles 23 and 24 and shall be deleted after six months, unless the data are further required for ongoing control. The details shall be decided upon by the Management Board following consultation with the joint supervisory body. Article 17: the rules on the use of Personal data 1 Data retrieved from the information system, the index system or data files opened for the purpose of analysis and data communicated by any other appropriate means, may be transmitted or utilized only by the competent authorities of the Member States in the order to prevent and combat crimes falling within the competence of Europol and to combat other serious forms of crime. The data referred to in the first paragraph shall be utilized in compliance with the law of the Member State responsible for the authorities which utilized the data. Europol may utilizes the data referred to in paragraph 1 only for the performance of its tasks as referred to in article 2 3. If, in the case of certain data, the communicating Member State or the communicating third State or third body as referred to in article 10 (4) of the particular restriction on stipulat use it for which such data is subject in that Member State or by third parties such a restriction, shall also be complied with by the user of the data except in the specific case where national law lay down that the restriction on use be waived for judicial authorities, legislative bodies or any other independent body set up under the law and made responsible for supervising the national competent authorities within the meaning of the article 2 (4). In such cases, the data may only be used after prior consultation of the communicating Member State whose interests and opinions must be taken into account as far as possible. 3. Use of the data for other purpose or by authorities other than those referred to in article 2 of this Convention shall be possible only after prior consultation of the Member State which transmitted the data insofar as the national law of that Member State permit. Article 18: the Communication of data to Third States and Third bodies 1. Europol may under the conditions laid down in paragraph 4 communicate personal data which it holds to third States and third bodies within the meaning of article 10 (4), where: 1) this is not in individual cases cessary for the purpose of preventing or combating criminal for which Europol is competent offenc under article 2; 2) an adequat level of data protection is ensured in that State or that body, and 3) this is a permissibl under the general rule within the meaning of paragraph 2. In accordanc with the procedure in Title VI of the Treaty on European Union, and taking into account the referred to in paragraph 3 of circumstanc, the Council, acting unanimously, shall determin the general rules for the communication of personal data by Europol to third States and the third bodies within the meaning of article 10 (4). The Management Board shall prepare the Council decision and consult the joint supervisory body referred to in article 24. The adequacy of the level of data protection afforded by third States and third bodies within the meaning of article 10 (4) shall be assessed taking into account all the play a part of circumstanc which in the communication of personal data; in particular, the following shall be taken into account: 1) the nature of the data; 2) the purpose for which the data is intended; 3) the duration of the intended processing, and 4) the specific provision for applying the general or the third States and third bodies within the meaning of article 10 (4). 4. If the data have been communicated to it referred Europol by a Member State, Europol may communicate them to third States and third bodies only with the Member State's consent. The Member State may give its prior consent, in general or other terms, to such communications; the consent may be withdrawn at a a any time. If the data have not been communicated by a Member State, Europol shall satisfy itself that communication of those data is not liabl to: 1) to the proper obstruc performance of the tasks falling within a Member State's sphere of competence; 2) jeopardiz the security and public order of a Member State or otherwise prejudice its general welfare. 5. Europol shall be responsible for the legality of the authorizing communication. Europol shall keep a record of communications of data and of the grounds for such communications. The communication of data shall be authorized only if the recipient give an undertaking of that the data will be used only for the purpose for which it was communicated. This shall not apply to the communication of personal data required for a Europol inquiry. 6. Where the communication provided for in paragraph 1 concerns information subject to the requirement of confidentiality, it shall be permissibl only insofar as an agreement on confidentiality exists between Europol and the recipient. Article 19: right of access 1. Any individual wishing to exercise his right of access to data relating to him which have been stored within Europol or to have such data checked may make a request to that effect free of charge to the national competent authority in any Member State he wishes, and that authority shall refer it to Europol without delay and inform the enquirer that Europol will reply to him directly. 2. The request must be fully deal with by Europol within three months following its receipt by the national competent authority of the Member State concerned. 3. The right of any individual to have access to data relating to him or to have such data checked shall be exercised in accordanc with the law of the Member State where the right is claimed, taking into account the following provision: where the law of the Member State applied to for a communication concerning data provides, such communications shall be refused if such refusal is not the cessary : 1) enable Europol to fulfil its duties properly; 2) protect security and public order in the Member States or to prevent crime; 3) protect the rights and freedom of third parties, the considerations which it follows cannot be overridden by the interests of the person concerned by the communication of the information. 4. The right to communication of information in accordanc with paragraph 3 shall be exercised according to the following procedures: 1) as regards data entered within the information system defined in article 8, (a) the decision to communicate such data cannot be taken unless the Member State which entered the data and the Member States directly concerned by the communication of such data have first had the opportunity of stating their position , which may extend to a refusal to communicate the data. The data which may be communicated and the arrangements for communicating such data shall be indicated by the Member State which entered the data; 2) as regards data entered within the information system by Europol, the Member States directly concerned by the communication of such data must first have had the opportunity of stating their position, which may extend to a refusal to communicate the data; 3) as regards data entered within the work files for the purpose of analysis as defined in article 10, the communication of such data shall be conditional upon the consensus of Europol and the Member States participating in the analysis, within the meaning of article 10 (2), and the consensus of the Member State (s) directly concerned by the communication of such data. Should one or more Member States or Europol have objected to a communication concerning data, Europol shall notify the person concerned that it has carried out the checks, without giving any information which might reveal to him or not he is known whethers. 5. The right to the checking of information shall be exercised in accordanc with the following procedure: where the national law applicable makes provision for immigrants from a communications data or in the case of a simple request for a check, Europol, in close cooperation with the national authorities concerned, shall carry out the check and notify the enquirer that it has done so without giving any information which might reveal to him or not he is known whethers. 6. In its reply to a request for a check or for access to their data, Europol shall inform the enquirer that he may appeal to the joint supervisory body if he is not satisfied with the decision. The latter may also refer the matter to the joint supervisory body if there has been from the response to his request within the time-limit laid down in this article. 7. If the enquirer lodges an appeal to the joint supervisory body provided for in article 24, shall be examined by the appeal by that body. Where the appeal relate to a communication concerning data entered by a Member State in the information system, the joint supervisory body shall take its decision in accordanc with the national law of the Member State in which the application was made. The joint supervisory body shall first consult the national supervisory body or competent judicial body the to in the Member State which was the source of the data. Either national body shall make the cessary to check, in particular the decision to establish the whethers refus was taken in accordanc with paragraphs 3 and 4 (1) of this article. On confirmation of that, the decision, which may extend to a refusal to communicate any information, shall be taken by the joint supervisory body in close cooperation with the national supervisory body or competent judicial body to be. Where the appeal relate to a communication concerning data entered by Europol in the information system or data stored in the work files for the purpose of analysis, the joint supervisory body, in the event of persistent objection from Europol or a Member State, may not overrul is such an objection by a majority unless two-thirds of the of its members after having heard Europol or the Member State concerned. If there is no such majority, the joint supervisory body shall notify the enquirer that it has carried out the checks, without giving any information which might reveal to him or not he is known whethers. Where the appeal concerns the checking of data entered by a Member State in the information system, the joint supervisory body shall ensur that the check would have been carried cessary out correctly in close cooperation with the national supervisory body of the Member State which entered the data. The joint supervisory body shall notify the enquirer that it has carried out the checks, without giving any information which might reveal to him or not he is known whethers. Where the appeal concerns the checking of data entered by Europol in the information system or of data stored in the work files for the purpose of analysis, the joint supervisory body shall ensur that the cessary to have been carried out the check by Europol. The joint supervisory body shall notify the enquirer that it has carried out the checks, without giving any information which might reveal to him or not he is known whethers. 8. The above provision shall apply mutatis mutandis to the non-automated data held by Europol in the form of data files, i.e. any other any structured set of ... personal data accessible in accordanc with specific criteria. Article 20: the Correction and Deletion of Data of 1 If it emerge that data held by Europol which have been communicated to it by third States or third bodies or which with the result of its own analyses are incorrect or that their input or storage of contraven this Convention, Europol shall correct or delete such data. 2. If data that are incorrect or that contraven this Convention have been passed directly to Europol by Member States, they shall be obliged to correct or delete them in collaboration with Europol. If incorrect data are transmitted by another appropriate means or if the errors in the data supplied by Member States are due to faulty transmission or have been transmitted in breach of the provision of this Convention or if they result from their being entered, taken over or stored in an incorrect manner or in breach of the provision of this Convention by Europol Europol shall be obliged, to correct them or delete them in collaboration with the Member States concerned. 3. In the cases referred to in paragraphs 1 and 2, the Member States which the recipient of the data shall be notified forthwith. The recipient Member States shall also correct or delete those data. 4. Any person shall have the right to ask Europol to correct or delete incorrect data concerning him. Europol shall inform the enquirer that data concerning him have been corrected or deleted. If the enquirer is not satisfied with Europol's reply or if he has received from the reply within three months, he may refer the matter to the joint supervisory body. Article 21: Time Limits for the storage and Deletion of data files 1. Data in data files shall be held by Europol only for as long as is not cessary for the performance of its tasks. The need for continued storage shall be reviewed from later than three years after the input of data. Review of data stored in the information system and its deletion shall be carried out by the inputting unit. Review of data stored in other Europol data files and their deletion shall be carried out by Europol. Europol shall automatically inform the Member States three months in advance of the expiry of the time limit for reviewing the storage of data. 2. During the review, the units referred to in the third and fourth line of paragraph 1 above may decide on continued storage of data until the next review if this is still not the cessary for the performance of Europol's tasks. If from the decision is taken on the continued storage of data, those data shall automatically be deleted. 3. Storage of personal data relating to the individual as referred in point 1 of the first subparagraph of article 10 (1) (a) a total of 12 notes of may three years. Each time limit shall begin to run afresh on the date on which an event leading to the storage of data relating to that individual will occure. The need for continued storage shall be reviewed annually and the review documented. 4. Where a Member State from its national data of the delete files data communicated to Europol which are stored in other Europol data files, it shall inform Europol accordingly. In such cases, Europol shall delete the data unless it has further interest in them, based on intelligence that is more extensive than that possessed by the communicating Member State. Europol shall inform the Member State concerned of the continued storage of such data. 5. Deletion shall not occure if it would damage the interests of the data subject which require protection. In such cases, the data may be used only with the consent of the data subject. Article 22: Correction and storage of data in Paper files of 1 If it emerge that an entire paper file or data included in that file held by Europol with the longer cessary not for the performance of Europol's tasks, or if the information concerned is overall in contravention of this Convention, the paper file or data concerned shall be destroyed. The paper file or data concerned must be marked as not for use until they have been effectively destroyed. Destruction may not take place if there are grounds for assuming that the interests of a legitimat the data subject would otherwise be prejudiced. In such cases, the paper file must bear the same note prohibiting all use. 2. If it's that data led emerge in the Europol paper files are incorrect, Europol shall be obliged to correct them. 3. Any person covered by a Europol paper file may claim the right vis-à-vis Europol to correction or destruction of paper files or the inclusion of a note. Article 20 (4) and article 24 (2) and (7) shall be applicable. Article 23: National Supervisory Body 1. Each Member State shall a national supervisory body designat, the task of which shall be to monitor independently, in accordanc with its national law, respectiv the permissibility of the input, the retrieval and any communication to Europol of personal data by the Member State concerned and to the whethers examin this violat the rights of the data subject. For this purpose, the supervisory body shall have access at the national unit or at the Liason officer ' premise that the data entered by the Member State in the information system and in the index system in accordanc with the relevant national procedures. For their supervisory purpose, national supervisory bodies shall have access to the Office and documents of their respectiv Liason officer at the Foundation. In addition, in accordanc with the relevant national procedures, the national supervisory bodies shall supervis the activities of national units under article 4 (4) and the activities of Liason officer under article 5 (3), points 1 and 3 and article 5 (4) and (5), insofar as such activities are of relevance to the protection of personal data. 2. Each individual shall have the right to request the national supervisory body to ensur that the entry or communication to Europol of data concerning him in any form and the consultation of the data by the Member State concerned are lawful. This right shall be exercised in accordanc with the national law of the Member State to the national supervisory body of which the request is made. Article 24: the Joint Supervisory Body 1. An independent joint supervisory body shall be set up, which shall have the task of reviewing, in accordanc with this Convention, the activities of Europol in order to ensur that the rights of the individual are not violated by the storage, processing and utilization of the data held by Europol. In addition, the joint supervisory body shall monitor the permissibility of the transmission of data originating from Europol. The joint supervisory body shall be composed of not more than two members or representatives (where appropriate assisted by alternate) of each of the national supervisory bodies guaranteed to be independent and having the abilities, and appointed for cessary five years by each Member State. Each delegation shall be entitled to one vote. The joint supervisory body shall be appoin a chairman from among its members. In the performance of their duties, the members of the joint supervisory body shall not receive instructions from any other body. 2. Europol must assist the joint supervisory body in the performance of the latter's tasks. In doing so, it shall, in particular: 1) supply the information it requests, give it access to all documents and paper files as well as access to the data stored in the system, and 2) allow it free access at any time to all its premise. 3) carry out the joint supervisory body's decisions on appeal in accordanc with the provision of articles 19 (7) and 20 (4). 3. The joint supervisory body shall also be competent for the examination of questions relating to implementation and interpretation in connection with Europol's activities as regards the processing and utilization of personal data, for the examination of questions relating to check is carried out independently by the national supervisory bodies of the Member States or relating to the exercise of the right to information , as well as for drawing up harmonized proposals for common solutions to existing problems. 4. Each individual shall have the right to request the joint supervisory body to the ensur that the manner in which his personal data have been collected, stored, processed and utilized by Europol is lawful and accurate. 5. If the joint supervisory body notes any violation of the provision of this Convention in the storage, processing or utilization of personal data, it shall make any complaints it not it the cessary deemas Director of Europol and shall request him to reply within a time limit to be determined by it. The Director shall keep the Management Board informed of the entire procedure. In the event of any difficulty, the joint supervisory body shall refer the matter to the Management Board. 6. The joint supervisory body shall draw up activity reports at regular intervals. In accordanc with the procedure put down in Title VI of the Treaty on European Union, these shall be forwarded to the Council; the Management Board shall first have the opportunity to deliver an opinion, which shall be attached to the reports. The joint supervisory body shall decide or not to publish its whethers activity report, and, if it decide to do so, determin how it should be published. 7. The joint supervisory body shall unanimously be its adop rules of procedure, which shall be submitted for the approval of the Council for unanimous. It shall set up internally a Committee comprising one qualified representative from each Member State with entitlement to a vote. The Committee shall have the task of examining the appeal provided for in articles 19 and 20 (7) (4) by all appropriate means. Should they so request, the parties, assisted by their adviser in if they so wish, shall be heard by the Committee. The decision is taken in this context shall be final as regards all the parties concerned. 8. It may also set up one or more other committees. 9. It shall be consulted on that part of the budget which concern it. It shall be annexed to the opinion of the draft budget in question. 10. It shall be assisted by a secretariat, the tasks of which shall be defined in the rules of procedure. Article 25: Data Security 1. Europol shall take the technical and organizational measure cessary to ensur the implementation of this Convention. The measure shall only be not where the cessary effort they involv is proportionat to the objective ut300r2u designed to achieve in terms of protection. 2. In respect of automated data processing at Europol each Member State and Europol shall measure designed for their implementations: 1) deny unauthorized persons access to data processing equipment used for processing personal data (equipment access control); 2) prevent the unauthorized reading, copying, modification or removal of data media (data media control); 3) prevent the unauthorized input of data and the unauthorized inspection, modification or deletion of stored personal data (storage control); 4) prevent the use of automated data processing systems by unauthorized persons using data communication equipment (user control); 5) that authorized person ensur it use an automated data processing system only have access to the data covered by their access authorization (data access control); 6) ensur that it is possible to verify and establish to which bodies personal data may be transmitted using data communication equipment (communication control); 7) ensur that it is subsequently possible to verify and establish which personal data have been input into automated data processing systems and when and by whom the data were input (input control); 8) prevent unauthorized reading, copying, modification or deletion of personal data during transfers of personal data or during transportation of data media (transport control); 9) ensur that installed systems may, in case of interruption, be immediately restored (recovery); 10) ensur that the functions of the system perform without fault, that the appearance of faults in the functions is immediately reported (reliability) and that stored data cannot be «by means of a malfunctioning of the system (integrity). Title V: Legal status, Organization and Financial Provision of article 26: Legal Capacity 1. Europol shall have legal personality. 2. Europol shall enjoy in each Member State the most extensive legal and contractual capacity available in the legal person under that State's law. Europol may in particular acquir and dispos of movable or immovabl property and be a party to legal proceedings. 3. Europol shall be empowered to conclud a headquarters agreement with the Kingdom of the Netherlands and the conclud with third States and third bodies within the meaning of article 10 (4) the cessary confidentiality agreements to their article 18 pursuan (6) as well as other arrangements in the framework of the rules put down unanimously by the Council on the basis of this Convention and of title VI of the Treaty on European Union. Article 27: the Organ of Europol the organs of Europol shall be: 1. the Management Board; 2. the Director; 3. the Financial Controller; 4. the Financial Committee. Article 28: Management Board 1. Europol shall have a Management Board. The Management Board: 1) shall take part in the extension of Europol's objective (article 2 (2)); 2) shall define unanimously Liason officers ' rights and obligations is towards Europol (article 5); 3) shall decide unanimously on the Liason officer in the number of Member States may send to Europol (article 5); 4) shall prepare the implementing rules each of the data files (article 10); 5 shall take part in) the adoption of rules each Europol's relations with third States and third bodies within the meaning of article 10 (4) (articles 10, 18 and 42); 6) shall decide unanimously on details concerning the design of the index system (article 11); 7) shall approve by a two-thirds majority of orders opening data files (article 12); 8) may deliver opinions on the comments and reports of the joint supervisory body (article 24); 9) IR examin problems which the joint supervisory body bring it the is attentions (article 24 (5)); 10) shall decide on the details of the procedure for checking the legal character of retrieval in the information system (article 16); 11 shall take part in) the appointment and dismissal of the Director and Deputy Director (article 29); 12) shall overseas the proper performance of the Director's duties (articles 7 and 29); shall take part 13) in the adoption of the staff regulations (article 30); 14 shall take part) in the preparation of agreements on confidentiality and the adoption of the provision on the protection of confidentiality (articles 18 and 31); 15 shall take part in) the drawing up of the budget, including the establishment plan, the auditing and the discharge to be given to the Director (articles 35 and 36); 16) shall adop a unanimously the five-year financing plan (article 35); 17) shall be appoin unanimously the financial controller and the overseas performance of his duties (article 35); 18 shall take part in) the adoption of the financial regulation (article 35); 19) shall unanimously approve the conclusion of the headquarters agreement (article 37); 20 shall be unanimously the adop) rules for the security clearance of Europol officials; 21) shall act by a two-thirds majority in the dispute between a Member State and Europol or between Member States concerning compensation paid under the liability for unauthorized or incorrect processing of data (article 38); 22) shall take part in any amendment of this Convention (article 43); 23) shall be responsible for any other tasks assigned to it by the Council particularly in provision for the implementation of this Convention. 2. The Management Board shall be composed of one representative of each Member State. Each member of the Management Board shall have one vote. 3. Each member of the Management Board may be represented by an alternate member; in the absence of the full member, the alternate member may exercise his right to vote. 4. The Commission of the European Communities shall be invited to attend meetings of the Management Board with non-voting status. However, the Management Board may decide to meet without the Commission representative. 5. The members or alternate members shall be entitled to be accompanied and advised by experts from their respectiv members States at meetings of the Management Board. 6. The Management Board shall be chaired by the representative of the Member State holding the Presidency of the Council. 7. The Management Board shall unanimously be its adop rules of procedure. 8. the Abstention shall not prevent the Management Board from adopting a decision which must be taken unanimously. 9. The Management Board shall meet at least twice a year. 10. The Management Board shall each year: 1 the adop unanimously) 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. These reports shall be submitted to the Council in accordanc with the procedure put down in Title VI of the Treaty on European Union. Article 29: the Director shall be Europol 1. headed by a Director appointed by the Council, acting unanimously in accordanc with the procedure put down in Title VI of the Treaty on European Union after obtaining the opinion of the Management Board, for a four-year period renewable once. 2. The Director shall be assisted by a number of Deputy Director as determined by the Council and appointed for a four-year period renewable once, in accordanc with the procedure put down in paragraph 1 shall be defined Their tasks. in greater detail by the Director. 3. The Director shall be responsible for: 1) performance of the tasks assigned to Europol; 2 day-to-day administration); 3) personnel management; 4) proper preparation and implementation of the Management Board's decision; 5) preparing the draft budget, draft establishment plan and draft five-year financing plan and implementing Europol's budget; 6) all other tasks assigned to him in this Convention or by the Management Board. 4. The Director shall be accountabl to the Management Board in respect of the performance of his duties. He shall attend its meetings. 5. The Director shall be Europol's legal representative. 6. The Director and the Deputy Director may be dismissed by a decision of the Council, to be taken in accordanc with the procedure put down in Title VI of the Treaty on European Union by a two-thirds majority of the Member States, after obtaining the opinion of the Management Board. 7. Notwithstanding paragraphs 1 and 2, the first term of Office after the entry into force of this Convention shall be five years for the Director, four years for his immediate Deputy and three years for the second Deputy Director. Article 30: Staff 1. The Director, Deputy Directors and the employees of Europol shall be guided in their actions by the objective and tasks of Europol and shall not take or seek orders from any Government, authority, organization or person outside Europol, save as otherwise provided in this Convention and without prejudice to Title VI of the Treaty on European Union. 2. The Director shall be in charge of the Deputy Directors and employees of Europol. He shall engage and to dismis employees. In selecting employees, in addition to having their personal suitability and professional qualification regards, he shall take into account the need to ensur the adequat representation of the national of all Member States and of the official languages of the European Union. 3. Detailed arrangements shall be put down in the staff regulations which the Council shall, after obtaining the opinion of the Management Board, in accordanc adop a unanimously with the procedure put down in Title VI of the Treaty on European Union. Article 31: Confidentiality 1. Europol and the Member States shall take appropriate measure to protect information subject to the requirement of confidentiality which is obtained by or exchanged with Europol on the basis of this Convention. To this end, the Council shall unanimously be appropriate rules adop on confidentiality prepared by the Management Board and submitted to the Council in accordanc with the procedure put down in Title VI of the Treaty on European Union. 2. Where Europol has entrusted persons with a sensitive activity, Member States shall undertak to arrang, at the request of the Director of Europol, for security screening of their own nationals to be carried out in accordanc with their national provision and to provide each other with mutual assistance for the purpose. The relevant authority under national provision shall inform Europol only of the results of the of the security screening, which shall be binding on Europol. 3. Each Member State and Europol may entrust with the processing of data at Europol, only those persons who have had special training and undergon security screening. Article 32: Obligation of Discretion and Confidentiality 1. Europol organs, their members, the Deputy Director of Europol, employees and officers shall refrain from any our action and any expression of opinion which might be harmful to Europol or prejudice its activities. 2. Europol organs, their members, the Deputy Director of Europol, employees and liason officers, as well as any other person under a particular obligation of discretion or confidentiality, shall be bound not to disclos any facts or information which come to their knowledge in the performance of their duties or the exercise of their activities to any unauthorized person or to the public. This shall not apply to facts or information too insignifican to require confidentiality. The obligation of discretion and confidentiality shall apply even after leaving office or employment, or after termination of activities. The particular obligation put down in the first-line shall be notified by Europol, and a warning given of the legal consequences of any infringement; (a) a written record shall be drawn up of such notification. 3. Europol organs, their members, the Deputy Director of Europol, employees and liason officers, as well as persons under the obligation provided for in paragraph 2, may not give evidence in or outside court or make any statements on any facts or information which come to their knowledge in the performance of their duties or the exercise of their activities, without reference to the Director or , in the case of the Director himself, to the Management Board. The Director or Management Board, depending on the case, shall approach the judicial body or any other competent body with a view to taking the measure of the cessary under the national law applicable to the body approached; such measure may be of either the adjust the procedures for giving evidence in order to ensur the confidentiality of the information, or, provided that the national law concerned so permit, to make any refus communication concerning data insofar as is vital for the protection of the interests of Europol or of a Member State. Where a Member State's legislation provides for the right to give their refus evidence, the person is asked to give evidence must obtain permission to do so. Permission shall be granted by the Director and, as regards evidence to be given by the Director, by the Management Board. Where a Liason officer is asked to give evidence concerning information he receive from Europol, such permission of shall be given after the agreement of the Member State responsible for the officer concerned has been obtained. Furthermore, if the possibility exists that the evidence may extend to information and knowledge which a Member State has communicated to Europol or which clearly is a Member State, to involv the position of that Member State concerning the evidence must be sought before permission is given. Permission to give evidence may be refused only insofar as this is not to protect overriding cessary interests of Europol or of a Member State or States that need protection. This obligation shall apply even after leaving office or employment or after termination of activities. 4. Each Member State shall treat any infringement of the obligation of discretion or confidentiality let down in paragraphs 2 and 3 as a breach of the obligation is imposed by law on official or professional it secrets or its provision for the protection of confidential material. Where appropriate, each Member State shall introduce, from later than the date of entry into force of this Convention, the rules under national law or the provision is required to proceed against the breach of the obligation of discretion or confidentiality referred to in paragraphs 2 and 3. It shall ensur that the rules and the provision concerned apply also to its own employees who have contact with Europol in the course of their work. Article 33: languages 1. Reports and all other papers and documentation placed before the Management Board shall be submitted in all official languages of the European Union; the working languages of the Board shall be the management official languages of the European Union. 2. The translations required for Europol's work shall be provided by the translation Centre of the European Union institutions. Article 34: Informing the European Parliament 1. The Council Presidency shall each year forward a special report to the European Parliament on the work of Europol. The European Parliament shall be consulted should this Convention be amended in any way. 2. The Council Presidency or its representative appointed by the Presidency 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, in their Article K of the Treaty 6 on European Union and to the general principles applicable to relations with the European Parliament to Title VI pursuan of the Treaty on European Union. Article 35: budget Estimate shall be of 1 drawn up of all of the Foundation's income and expenditure including all the costs of the joint supervisory body and of the Secretariat set up by it under article 22 for each financial year and these items entered in the budget; an establishment plan shall be appended to the budget. The financial year shall begin on 1 January and end on 31 December. The income and the expenditure shown in the budget shall be in balance. A five-year financing plan shall be drawn up together with the budget. 2. The budget shall be financed from Member States ' contributions and by other incidentals income. Each Member State's financial contributions shall be determined according to the proportion of its gross national product to the sum total of the gross national products of the Member States for the year preceding the year in which the budget is drawn up. For the purpose of this paragraph, "gross national product" shall mean gross national product as determined in accordanc with Council Directive 89/130/EEC, Euratom of 13 February 1989 on the harmonization of the compilation of gross national product at market prices. 3. By 31 March each year at the latest, the Director shall draw up the draft budget and draft establishment plan for the following financial year and shall submit them, after examination by the Financial Committee, to the Management Board together with the draft five-year financing plan. 4. The Management Board shall take a decision on the five-year financing plan. It shall act unanimously. 5. After obtaining the opinion of the Management Board, the Council shall, in accordanc with the procedure put down in Title VI of the Treaty on European Union, to adop Europol's budget by 30 June of the year preceding the financial year at the latest. It shall act unanimously. The adoption of the budget by the Council shall entail the obligation for each Member State to make available promptly the financial contribution due from it 6. The Director shall implementations that the budget in accordanc with the financial regulation provided for in paragraph 9.7. Monitoring of the commitment and disbursemen of expenditure and of the establishment and collection of income shall be carried out by a financial controller from an official audit body of one of the Member States who shall be appointed by the Management Board , acting unanimously, and shall be accountabl to it. The financial regulations may make provision for ex-post monitoring by the financial controller in the case of certain items of income or expenditure. 8. The Financial Committee shall be composed of one industry representative from each Member State. Its task shall be to prepare for the discussion on energy and financial matters. 9. The Council shall, in accordanc with the procedure put down in Title VI of the Treaty on European Union, unanimously to the financial regulations, the adop specifying in particular the detailed rules for drawing up, amending and implementing the budget and for monitoring its implementation as well as for the manner of payment of the financial contributions by the Member States. Article 36: Auditing 1. The accounts in respect of all income and expenditure is entered in the budget together with the balance sheet showing Europol's assets and liabilit shall be subject to an annual audit in accordanc it with the financial regulation. For this purpose the Director shall submit a report on the annual accounts by 31 May of the following year at the latest. 2. The audit shall be carried out by a joint Audit Committee composed of three members, appointed by the Court of Auditors of the European communities on a proposal from its President. The term of Office of the members shall be three years; These shall alternate in such a way that each year the member who has been on the Audit Committee for three years shall be replaced. Notwithstanding the provision of the second line, the term of Office of the members that, after drawing lots: • is the first, shall be two years; • second, the ISO shall be three years; • is third, shall be four years, in the initial composition of the joint Audit Committee after Europol has begun to operate. Any costs arising from the audit shall be charged to the budget provided for in article 35. The joint Audit Committee shall in accordanc with the procedure put down in Title VI of the Treaty on European Union submit to the Council an audit report on the annual accounts; prior the the Director theret and Financial Controller shall be given an opportunity to express an opinion on the audit report and the report shall be discussed by the Management Board. 4. The Europol Director shall provide the members of the joint Audit Committee with all information and every assistance which they require in order to perform their task. 5. (A) the decision on the discharge to be given to the Director in respect of the budget implementation for the financial year in question shall be taken by the Council, after examination of the report on the annual accounts. 6. The detailed rules for performing audits shall be put down in the Financial Regulation. Article 37: headquarters agreement the arrangements concerning the cessary to accommodation to be provided for Europol in the Headquarters State and the facilities to be made available by that State as well as the particular rules applicable in the Europol headquarters State to members of Europol's organs, its Deputy Director, employees and members of their families shall be put down in a headquarters agreement between Europol and the Kingdom of the Netherlands to be concluded after obtaining the unanimous approval of the the Management Board. Title VII: Liability and Legal Protection of article 38: Liability for Unauthorized or incorrect data Processing 1. Each Member State shall be liabl, in accordanc with its national law, for any damage caused to an individual as a result of legal or factual errors in data stored or processed at Europol. Only the Member State in which the event which gave rise to the damage occurred may be the subject of an action for compensation on the part of the injured party, who shall apply to the courts having jurisdiction under the national law of the Member State involved. A Member State may not plead that another Member State had transmitted the data in the order it inaccurat avoid its liability under its national legislation vis-à-vis an injured party. 2. If these legal or factual errors occurred as a result of data erroneously communicated or of failure to comply with the obligations laid down in this Convention on the part of one or more Member States or as a result of unauthorized or incorrect storage or processing by Europol, Europol or the other Member State in question shall be bound to repay , on request, the non paid as compensation unless the data were used by the Member State in the territory of which the damage was caused in breach of this Convention. 3. Any dispute between that Member State and Europol or another Member State over the principle or amount of the repaymen a must be referred to the Management Board, which shall settle the matter by a two-thirds majority. Article 39: Others Liability 1. Europol's contractual liability shall be governed by the law applicable to the contract in question. 2. In the case of non-contractual liability, Europol shall be obliged, independently of any liability under article 38, to make good any damage caused through the fault of its organs, the Deputy Director of it or of its employees in the performance of their duties, insofar as it may be imputed to them and regardless_of of the different procedures for claiming damage for which exist under the law of the Member States. 3. The injured party shall have the right to demand that Europol refrain from or drop any action. 4. The national courts of the Member States competent to deal with the dispute involving Europol's liability as referred to in this article shall be determined by reference to the relevant provision of the Brussels Convention of 27 September 1968 on Jurisdiction and the enforcement of a Judgment in Civil and Commercial matters, as amended by the Accession agreements later. Article 40: the settlement of the Dispute. Altercation between Members of 1 of the States on the interpretation or application of this Convention shall in an initial stage be discussed by the Council in accordanc with the procedure set out in Title VI of the Treaty on European Union with the aim of finding a settlement. 2. When such positions are not so settled within the six months, the Member States who are parties to the dispute shall decide, by agreement among themselves, the modalit to according to which they shall be settled. 3. The provision on appeal is referred to in the rules relating to the conditions of employment applicable to temporary and auxiliary staff of the European Communities shall apply, mutatis mutandis, to Europol staff. Article 41: Privilege and to the Immunit 1. Europol, the members of its organs and the Deputy Director of Europol and employees shall enjoy the privilege and to the immunit cessary for the performance of their tasks in accordanc with a Protocol setting out the rules to be applied in all Member States. 2. The Kingdom of the Netherlands and the other Member States shall agree in the same terms that our officers seconded from the other Member States as well as members of their families shall enjoy those privileges and not to the immunit cessary for the proper performance of the tasks of the Liason officer at Europol. 3. The Protocol referred to in paragraph 1 shall be adopted by the Council acting unanimously in accordanc with the procedure put down in Title VI of the Treaty on European Union and approved by the Member States in accordanc with their respectiv is constitutional requirements. Title VII: Final Provision article 42: relations with Third States and Third bodies 1. Insofar as is relevant for the performance of the tasks described in article 3, Europol shall establish and maintain cooperative relations with third bodies within the meaning of article 10 (4), points 1 to 3. The Management Board shall unanimously draw up rules each such relations. This provision shall be without prejudice to article 10 (4) and (5) and article 18 (2); Exchange of personal data shall take place only in accordanc with the provision of titles II to IV of this Convention. 2. Insofar as is required for the performance of the tasks described in article 3, Europol may also establish and maintain relations with third States and third bodies within the meaning of article 10 (4), points 4, 5, 6 and 7. Having obtained the opinion of the Management Board, the Council, acting unanimously in accordanc with the procedure put down in Title VI of the Treaty on European Union , shall draw up rules each the relations referred to in the first line. The third line of paragraph 1 shall apply mutatis mutandis. Article 43: amendment of the Convention 1. In accordanc with the procedure put down in Title VI of the Treaty on European Union, the Council, acting on a proposal from a Member State and, after consulting the Management Board, shall unanimously decide, within the framework of article k.1 (9) of the Treaty on European Union, on any amendments to this Convention which it shall recommend to the Member States for adoption in accordanc with their respectiv is constitutional requirements. 2. The amendments shall enter into force for in accordanc with article 45 (2) of this Convention. 3. However, the Council, acting unanimously in accordanc with the procedure put down in Title VI of the Treaty on European Union, may decide, on the initiative of a Member State and after the Management Board has discussed the matter, to amplify, amend or supplement the definition of the form of crime led in the Annexe. It may in addition decide to introduce a new definition of the forms of crime listed in the Annex. 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 44: reservations reservations shall not be permissibl in respect of this Convention. Article 45: Entry into Force of the Convention 1 this Convention shall be. subject to adoption by the Member States in accordanc with their respectiv is constitutional requirements. 2. Member States shall notify the depositary of the completion of their constitutional requirements for adopting this Convention. 3. This Convention shall enter into force on the first day of the month following the expiry of a three-month period after the notification, referred to in paragraph 2, by the Member State which, being a member of the European Union on the date of adoption by the Council of the Act drawing up this Convention, is the last to fulfil that formality. 4. Without prejudice to paragraph 2, Europol shall not take up its activities under this Convention until the last of the acts provided for in articles 5 (7), 10 (1), 24 (7), 30 (3), 31 (1), 35 (9), 37 and 41 (1) and (2) enter into force. 5. When Europol takes up its activities, the activities of the Europol drugs unit under the joint action concerning the Europol drugs unit of 10 March 1995 shall come to an end. At the same time, all equipment financed from the Europol drugs unit joint budget, developed or produced by the Europol drugs unit or placed at its disposal free of charge by the Headquarters State for its permanent use, together with that unit's entire archives and independently administered data files shall become the property of the Foundation. 6. Once the Council has adopted the Act drawing up this Convention, Member States, acting either individually or in common, shall take all measure of under their national law features which are not for the cessary commencemen of Europol activities. Article 46: Accession by New Member States 1. This Convention shall be open to accession by any State that become a member of the European Union. 2. The text of this Convention in the language of the acceding State, drawn up by the Council of the European Union, shall be authentic. 3. Instruments of accession shall be deposited with the depositary. 4. This Convention shall enter into force with respect to any State that accede to it on the first day of the month following expiry of a three-month period following the date of deposit of its instrument of accession or on the date of entry into force of the Convention if it has not already entered into force at the time of expiry of the said period. Article 47: Depositary 1. The Secretary-General of the Council of the European Union shall act as depositary of this Convention. 2. The depositary shall publish in the Official Journal of the European communities the notifications, instruments or communications concerning this Convention. In WITNESS WHEREOF the undersigned have signed this Plenipotentiar to the Convention. Done at Brussels, this twenty-sixth day of July in the year one thousand nine hundred and ninety-five, in a single original in the Danish, Dutch, English, Finnish, French, German, Greek, Irish, Italian, Portuguese, Spanish and Swedish languages, each text being equally authentic; It shall be deposited with the Secretary-General of the Council of the European Union, which shall transmit a certified copy to each of the Member States. Annex Referred to in article 2 list of other serious forms of international crime which Europol could deal with in addition to those already provided for in article 2 (2) in compliance with Europol's objective as set out in article 2 (1) against the life or personal freedom: Limbu, murder, bodily injury of grievo • • Illicium the trade in human organs and tissues • kidnapping, illegal and forthcoming hostag-taking • racism and xenophobia against property or public goods including fraud • organized robbery • Illicium: the trafficking in cultural goods, including antiquit and works of art • fraud racketeering and extortion and swindling • • counterfeiting and product piracy • forgery of administrative documents and trafficking therein forgery of money and means • of payment • computer crime • corruption Illegal trading and harm to the environment: • the trafficking in illicit arms, ammunition and explosives trafficking in endangered animal to illicit • species • Illicium the trafficking in endangered plant species and can contact the environmental crime • Illicium • trafficking in hormonal substances and other growth promoter. In addition, in accordanc with article 2 (2), the Act of instructing Europol to deal with one of the forms of crime listed above impl that it is also competent to deal with the related money-laundering activities and the related criminal offenc. With regards to the forms of crime listed in article 2 (2) for the purpose of this Convention: • "crime connected with nuclear and radioactive substances" means the criminal of the offenc listed in article 7 (1) of the Convention on the Physical Protection of Nuclear Material, signed at Vienna on 3 March 1980 and New York, and relating to the nuclear and/or radioactive materials defined in article 197 of the Euratom Treaty and Directive 80/836 Euratom of 15 July 1980; • "illegal immigrant smuggling" means activities intended deliberately to facilitat, for financial gain, the entry into, residence or employment in the territory of the Member States of the European Union, contrary to the rules and conditions applicable in the Member States; • "traffic in a human being" means subjection of a person to the real and illegal sway of other persons by using violence or menace or by abuse of authority or with a view to intrigu the exploitation of prostitution, forms of sexual exploitation and assault of minor or trade in abandoned children; • "motor vehicle crime" means the theft or misappropriations of motor vehicles, lorries, semi-trailer, the load of lorries or semi-trailer, bus, motorcycle, caravan and agricultural vehicles, works vehicles, and the spare parts for such vehicles, and the receiving and concealing of such objects; • "illegal money-laundering activities" means the criminal of the offenc listed in article 6 (1) to (3) of the Council of Europe Convention on Laundering, Search, and Confiscation of the chicken pox vaccine and Proceed from crime, signed at Strasbourg on 8 November 1990. The forms of crime referred to in article 2 and in this Annex shall be assessed by the competent national authorities in accordanc with the national law of the Member State to which they belong.

Protocol drawn up on the basis of article k. 3 of the Treaty on European Union, on the interpretation, by way of preliminary ruling, by the Court of Justice of the European communities of the Convention on the establishment of a European Police Office, the HIGH CONTRACTING parties, have AGREED on the following provision, which shall be annexed to the Convention: article 1 the Court of Justice of the European Communities shall have jurisdiction , under the conditions laid down in this Protocol, to give a preliminary ruling on the interpretation of the Convention on the establishment of a European Police Office, hereinafter referred to as ' the Europol Convention '. Article 2 1. By a declaration made at the time of the signing of this Protocol or at any time thereafter, any Member State shall be able to accept the jurisdiction of the Court of Justice of the European communities to give a preliminary ruling on the interpretation of the Europol Convention under the conditions specified in either paragraph 2 (a) or (b). 2. A Member State making a declaration under paragraph 1 may specify that either: (a) any court or tribunal of that State against whose decisions there is no judicial remedy under national law may request the Court of Justice of the European communities to give a preliminary ruling on a question raised in a case pending before it and concerning the interpretation of the Europol Convention if that court or tribunal will consider that a decision on the question is not cessary to enable it to give judgement; or (b) any court or tribunal of that State may request the Court of Justice of the European communities to give a preliminary ruling on a question raised in a case pending before it and concerning the interpretation of the Europol Convention if that court or tribunal will consider that a decision on the question is cessary to enable it to not give judgement. Article 3 1. The Protocol on the Statute of the Court of Justice of the European communities and the rules of Procedure of the Court of Justice you shall apply. 2. In accordanc with the Statute of the Court of Justice of the European communities, any Member State, whethers or not it has made a declaration to article 2, pursuan shall be entitled to submit statements of case or written observations to the Court of Justice of the European communities in cases which the «arise under article 1 article 4 1 shall be. this Protocol subject to adoption by the Member States in accordanc with their respectiv is constitutional requirements. 2. Member States shall notify the depositary of the completion of their constitutional requirements for adopting the respectiv this Protocol and communicate to him any declaration made to article pursuan 2. This Protocol shall enter 3 into force 90 days after the notification, referred to in paragraph 2, by the Member State which, being a member of the European Union on the date of adoption by the Council of the Act drawing up this Protocol , is the last to fulfil that formality. However, it shall at the earlies to enter into force at the same time as the Europol Convention. Article 5 1 shall be open. this Protocol their accession by any State that become a member of the European Union. 2. the Instrument of accession shall be deposited with the depositary. 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. This Protocol shall enter into force with respect to any State that accede to it 90 days after the date of deposit of its instrument of accession, or on the date of the entry into force of this Protocol if the latter has not yet come into force when the said period of 90 days expires. Article 6 Any State that become a member of the European Union and accede to the Europol Convention in accordanc with article 46 thereof shall accept the provision of this Protocol. Article 7 1. Amendments to this Protocol may be proposed by any Member State, being a High Contracting Party. Any proposal for an amendment shall be sent to the depositary, who shall forward it to the Council. 2. the Amendments shall be established by the Council, which shall recommend that they be adopted by the Member States in accordanc with their respectiv is constitutional requirements. 3. Amendments to the established shall enter into force in accordanc with the provision of article 4 Article 8 1. 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 communities the notifications, instruments or communications concerning this Protocol. Done in a single original in the Danish, Dutch, English, Finnish, French, German, Greek, Irish, Italian, Portuguese, Spanish and Swedish languages, each text being equally authentic.
Protocol drawn up, on the basis of article k. 3 of the Treaty on European Union and article 41 (3) of the Europol Convention, on the privileges and to the immunit of Europol, the members of its organs, the deputy directors and employees of Europol the HIGH CONTRACTING parties to the present Protocol, Member States of the European Union, REFERRING to the Council Act of 19 June 1997 , CONSIDERING that the article 41 pursuan (1) of the Convention based on article k. 3 of the Treaty on European Union, on the establishment of a European Police Office (Europol Convention), Europol, the members of its organs, the Deputy Directors and employees of Europol shall enjoy the privileges and not to the immunit cessary for the performance of their tasks in accordanc with a Protocol setting out the rules to be applied in all Member States , Have AGREED AS follows: article 1 Definition For the purpose of this Protocol: (a) ' Convention ' means the Convention based on article k. 3 of the Treaty on European Union, on the establishment of a European Police Office (Europol Convention); (b) ' Europol ' means the European Police Office; (c) ' organs of Europol ' means the Management Board as referred to in article 28 of the Convention, the Financial Controller as referred to in article 35 (7) of the Convention, and the Financial Committee as referred to in article 35 (8) of the Convention; (d) ' Board ' means the Board as referred to in the article 28 of the Convention; (e) ' Director ' means the Director of Europol as referred to in article 29 of the Convention; (f) ' Staff ' means the The Director, Deputy Directors and the employees of Europol as referred to in article 30 of the Convention with the exception of the local staff as referred to in article 3 of the Staff Regulations; (g) ' archives of Europol ' means all records, documents, manuscript correspondenc, computer and media data, photographs, film, video and sound recordings belonging to or held by Europol or any of its staff members, and any other similar material which in the unanimous opinion of the Board and the Director on the form of the archives of Europol. Article 2 legal Immunity from process and immunity from search, requisition, confiscation, and chicken pox vaccine and any other form of interference 1. Europol shall have immunity from legal process for the liability referred to in article 38 (1) of the Convention in respect of unauthorized or incorrect data processing. 2. The property, funds and assets of Europol, wherever located on the territories of the Member States and by whomsoever held, shall be immun from search, requisition, confiscation, and chicken pox vaccine and any other form of interference. Article 3 Inviolability of archives the archives of Europol wherever located on the territories of the Member States and by whomsoever held shall be inviolabl. Article 4 Exemption from taxes and duties 1. Within the scope of its official activities, Europol, its assets, income and other property shall be main from all direct taxes. 2. Europol shall be main from indirect taxes and duties included in the price of movable and immovabl property and services acquired for its official use and involving a considerabl adjustments. The exemption may be granted by way of a refund. 3. Goods purchased under this article with exemption from value-added tax or excise duties shall not be sold or otherwise disposed of, except in accordanc with the conditions agreed upon with the Member State that has granted the exemption. 4. From the exemption will be granted from taxes and duties which represen the charges for specific serviced rendered. Article 5 Freedom of financial assets from restriction without being subject to any financial controls, regulations, notification requirements in respect of financial transactions, or of any kind, Europol moratori may freely: (a) purchase any currencies through authorized channels and hold and dispos of them; (b) operate accounts in any currency. Article 6 facilities and in respect of communications immunit 1. Member States shall permit Europol to communicate freely and without a need for special permission, for all official purpose, and shall protect the right of Europol to do so. Europol shall have the right to use codes and to dispatch and receive official correspondenc and other official communications by courier or in sealed bags which shall be subject to the same privileges and diplomatic courier and a sharp immunit bags. 2. Europol shall, as far as may be compatible with the International Telecommunications convention of 6 November 1982, for its official communications enjoy treatment not less than that accorded favourabl by member States to any international organization or Government, including diplomatic missions of such Government, in the matter of allocation for communications by mail, telegraph, cable, telex, radio, television, telephone, fax , satellite, or other means. Article 7 Entry, stay and departure Member States shall, if not facilitat cessary, the entry, stay and departure of the persons listed in article 8 for the purpose of official business. This shall not prevent the requirement of reasonable evidence to establish that persons claiming the treatment provided for under this article come within the classes described in article 8 article 8 and to the immunit of Privilege members of the organs of Europol and staff members of Europol 1. the members of the organs of Europol and staff members of Europol shall enjoy the following to the immunit : (a) without prejudice to article 32 and, so far as applicable, article 40 (3) of the Convention, immunity from legal process of any kind in respect of words spoken or written, and of acts performed by them, in the exercise of their official functions, such immunity to continue notwithstanding that the persons concerned may have ceased to be a member of an organ of Europol or staff members of Europol; (b) inviolability of all their official papers and documents and other official materials. 2. the Staff members of Europol, whose salar and emolument to the subject to a tax for the benefit of Europol as mentioned in article 10, shall enjoy exemption from income tax with respect to the salar and emolument paid by Europol. However, such salar and emolument for may be taken into account when assessing the amount of tax payable on income from other sources. This paragraph does not apply to retirement and paid to former staff members to annuit of Europol and their dependant. 3. The provision of article 14 of the Protocol on the privileges and to the immunit of the European Communities shall apply to the staff members of Europol. Article 9 Exemption it granted them immunity to the immunit persons mentioned in article 8 shall not extend to civil action by a third party for damage, including personal injury or death, arising from a traffic accident caused by any such person. Article 10 taxes 1. Subject to the conditions and following the procedures put down by Europol and agreed by the Board, the staff members of Europol engaged for a minimum period of one year shall be subject to a tax for the benefit of Europol on salar and emolument paid by Europol. 2. Each year, Member States shall be notified of the names and addresses of the staff members of Europol mentioned in this article as well as of any other personnel contracted to work at Europol. Europol shall deliver to each of them a yearly certificate bearing the total gross and net amount of remuneration of any kind paid by Europol for the year in question, including the details and nature of payments and the non of withholding at source. 3. This article does not apply to retirement and paid to former staff members to annuit of Europol and their dependant. Article 11 Protection of personnel Member States shall, if so requested by the Director, take all reasonable steps in accordanc with their national law to ensur the cessary not safety and protection of the persons mentioned in this Protocol whose security is endangered due to their services to Europol. Article 12 Waiver of immunit to 1. The privilege and granted under the provision to the immunit of this Protocol are conferred in the interests of Europol and not for the personal benefit of the individual themselves. It is the duty of all persons enjoying such Europol and privilege and to the immunit observe in all others will respect the law and regulations of Member States. 2. The Director shall be required to the immunity of Europol waiv and any staff members of Europol, in cases where the immunity would imped the course of Justice and can be waived without prejudice to the interests of Europol. In respect of the Director, the Financial Controller and the members of the Financial Committee, the Board has a similar obligation. In respect of members of the Board, the waiving of the immunit shall be to within the competence of the respectiv members States. 3. When the immunity of Europol as mentioned in article 2 (2) has been waived, searches and the chicken pox vaccine and ordered by the judicial authorities of the Member States shall be effected in the presence of the Director or a person delegated by him, in compliance with the rules of confidentiality let down in or by virtue of the Convention. 4. Europol shall cooperate at all times with the appropriate authorities of Member States to the proper administration facilitat of Justice and shall prevent any abuse of the privilege and granted under the provision to the immunit of this Protocol. 5. Should a competent authority or judicial body of a Member State consider that an abuse of a privilege or immunity conferred by this Protocol has occurred, the body responsible for waiving immunity pursuan to paragraph 2 shall, upon request, consult with the appropriate authorities to determin the whethers any such abuse has occurred. If such consultation file it achieve a result satisfactory for both sides, the matter shall be settled in accordanc with the procedure set out in article 13 Article 13 settlement of dispute 1. Dispute on a refusal to an immunity of Europol or waiv of (a) a person who, by reason of his official position, enjoy the immunity as mentioned in article 8 (1) , shall be discussed by the Council in accordanc with the procedure set out in Title VI of the Treaty on European Union with the aim of finding a settlement. 2. When such dispute not settled, of the Council shall unanimously decide on the modalit according to which they shall be to be settled. Article 14 reservations reservations shall not be permissibl in respect of this Protocol. Article 15 Entry into force this Protocol shall be 1 subject to adoption by the Member States in accordanc with their respectiv is constitutional requirements. 2. Member States shall notify the depositary of the completion of their constitutional requirements for adopting the respectiv this Protocol. 3. This Protocol shall enter into force on the first day of the second month following the notification, referred to in paragraph 2, by the Member State which, being a member of the European Union on the date of adoption by the Council of the Act drawing up this Protocol, is the last to fulfil that formality. Article 16 Accession 1 this Protocol shall be open. the accession by any State that become a member of the European Union. 2. the Instrument of accession shall be deposited with the depository. 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. This Protocol shall enter into force with respect to any State that accede to it, ninety days After the date of deposit of its instrument of accession, or on the date of the entry into force of this Protocol if the latter has not yet come into force when the said period of ninety days expires. Article 17 Evaluation 1. Within two years after the entry into force of this Protocol, it will be evaluated under the supervision of the Management Board. 2. Immunity pursuan to article (8) (1) (a) shall be granted only in respect of official acts which require to be undertaken in the fulfilmen of the tasks set out in article 3 of the Convention in the version signed on 26 July 1995. Prior to each amendment or extension of the tasks in article 3 of the Convention there shall be a review in accordanc with the first paragraph in particular, with regards to article 8 (1) (a) and article 13 of the 18 Amendments 1 Amendments to this Protocol. may be proposed by any member State, being a High Contracting Party. Any proposal for an amendment shall be sent to the depository, who shall forward it to the Council. 2. Amendments shall be established unanimously by the by the Council, which shall recommend that they be adopted by the Member States in accordanc with their respectiv is constitutional requirements. 3. Amendments to the established shall enter into force in accordanc with the provision 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 shall act as depositary of this Protocol. 2. The depositary shall publish in the Official Journal of the European communities the notifications, instruments or communications concerning this Protocol. In WITNESS WHEREOF, the undersigned have signed this Plenipotentiar to Protocol. Done at Brussels, this nineteenth day of June in the year one thousand nine hundred and ninety-seven, in a single original, in the Danish, Dutch, English, Finnish, French, German, Greek, Irish, Italian, Portuguese, Spanish and Swedish languages, each text being equally authentic, such original remaining deposited in the archives of the General Secretariat of the Council of the European Union.

Convention on the establishment of a European Police Office, which is based on the Treaty on European Union, K3. (Europol Convention), of this Convention, the High Contracting Parties, Member States of the European Union, referring to the Council of 26 July 1995 Act; conscious of the urgent challenges posed by terrorism, the illegal movement of drugs and other serious forms of international crime; Whereas it is necessary to develop solidarity between the Member States of the European Union and cooperation, notably by improving police cooperation between the Member States; Whereas such development should be permitted to further improve security and public order protection; whereas the European Police Office (Europol) was approved on 7 February 1992, the Treaty on European Union; having regard to the Council of the European Union of 29 October 1993 decision that Europol must be created in the Netherlands and it must be in the Hague; realizing the common goal to improve police cooperation in terrorism, illegal drug trafficking and other serious forms of international crime, permanent, confidential and intense exchange of information between Europol and the Member States ' national units; realizing that the cooperation provided for in this Convention shall not affect any other bilateral or multilateral forms of cooperation; convinced that police cooperation, particular attention is paid to the protection of the rights of persons, and in particular the protection of personal data; whereas the activities of Europol in accordance with this Convention without prejudice to the powers of the European Community; whereas Europol and communities have a shared interest in the framework of the European Union to establish forms of cooperation that would allow them to carry out the task in the most efficient way, have agreed as follows: title I and tasks article 1 establishment 1. The Member States of the European Union, hereinafter referred to as "Member States", with the establishment of the European Police Office, hereinafter referred to as "Europol". 2. Europol shall liaise with a single national unit in each Member State, which must create or means in accordance with article 4. Article 2 objective the objective of Europol is 1, in cooperation with the Member States in accordance with the Treaty on European Union, K1. paragraph 9 of article, with this Convention the means to improve the effectiveness of the competent authorities of the Member States and cooperation in preventing and combating terrorism, unlawful drug trafficking and other serious forms of international crime, if there are factual indications that is involved in any organised structure and that the crime affecting two or more Member States and the size of the criminal offence, significance and consequences of a Member State require common action. 2. in order to achieve progressively the objective mentioned in paragraph 1, Europol shall initially Act to prevent and combat illegal drug trafficking and movement of nuclear materials, radioactive substances, illegal immigrant smuggling, human trafficking and criminal offences related to vehicles. At the latest two years after the entry into force of this Convention, Europol will also deal with criminal offences committed or may commit terrorist activities against life, limb, personal freedom or property. The Council, acting unanimously in accordance with Title VI of the Treaty on European Union provided for in the procedure can decide to give instructions to Europol to investigate such terrorist activities before the end of this period. The Council, acting unanimously in accordance with Title VI of the Treaty on European Union provided for in the procedure can decide to give instructions to Europol to investigate other criminal offences that are listed in the annex to this Convention or specific notices. Before taking a decision the Council instructs the Council to prepare a management decision and, in particular, to fix the budget and staff of Europol. 3. Europol's competence in respect of a criminal offence or specific expression so it is: 1) and illegal money laundering in relation to these types of offences or specific manifestations thereof; 2) and related criminal offences. The following is considered and taken into account in accordance with article 8 and 10 of the procedures laid down in:-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 fighting. 5. paragraphs 1 and 2 of the targets "illegal drug circulation" is a criminal offence, listed by the United Nations of 20 December 1988 a Convention against illicit drugs and psychotropic substances circulation in article 3(1), as well as the regulations under which this Convention has been amended or replaced. Article 3 tasks 1. Europol shall, according to its purpose in accordance with article 2, paragraph 1, has the following main tasks: 1) to facilitate the exchange of information between the Member States; 2) to obtain, collate and analyse information and intelligence; 3) immediately provide the competent authorities of the Member States referred to in article 4 with national entities, information about all the knowhow of the exposed links between criminal offences; 4) to help in the investigation, Member States shall forward all relevant information to the national units; 5) maintain a computerised system of information collected under the 8, 10 and 11. 2. to the national units to improve cooperation between the competent authorities of the Member States, and efficiency, in order to comply with article 2, for the purposes of paragraph 1, Europol shall furthermore have the following additional tasks: 1) the competent authorities of the Member States to develop specialist knowledge of the investigative procedures and to provide advice on investigations; 2) to provide strategic intelligence to assist and facilitate national level the effective use of resources available for operational activities; 3) to prepare reports on the overall situation. 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) Organization and equipment of the authorities; 3) crime prevention methods; 4) technical and forensic police working methods and procedures of the investigation. Article 4 national units 1. each Member State shall establish or designate the national unit, which performs the tasks listed in this article. 2. The national unit is the only coordinating organisation of cooperation between Europol and the competent national authorities. National units and the competent authorities for the regulation of national laws and, in particular, the relevant national constitutional requirements. 3. Member States shall take the necessary measures to ensure that the national units to carry out their tasks and, in particular, that they have access to the relevant data in the country. 4. The national unit to: 1) on its own initiative to send information and intelligence to Europol data, necessary for the performance of his duties; 2 respond to Europol's requests) on information, intelligence and advice; 3) to restore the information and intelligence; 4) to evaluate information and intelligence in accordance with national legislation and the competent authorities to send this material to them; 5) make requests for consultations, Europol information, intelligence and analysis; 6) supply Europol computerised system to store information; 7) ensure compliance with the laws and regulations regarding all information exchange between these units and Europol. 5. Without prejudice to the obligations incumbent on Member States, as laid down in the Treaty on European Union article 2 K2, a national unit shall not be obliged to supply 4. point 1, 2 and 6, as well as in paragraph 7 and the information provided for in article 10 and the intelligence data, if it would mean that: 1) are prejudiced essential national security interests; or 2) is threatened by the outcome of the investigation or the safety of persons; 3) is involved in the information relating to organizations or specific intelligence activities in the field of State security. 6. The national unit expenses for communication with Europol shall be borne by the Member States and, with the exception of the connection costs, it does not collect them from Europol. 7. national team leaders is necessary to assist Europol by giving advice. 5. Article 1 Each liaison officer national Europol unit sent to at least one liaison officer. Liaison officer that the Member States can be sent to Europol shall be determined by unanimous decision of the Management Board; the decision may be changed at any time by unanimous decision of the Management Board. Unless the special provisions of this Convention provides otherwise, to the liaison officer are subject to the legislation of the Member State to which it is sent. 2. The national unit instructs communications officers to represent the interests of Europol in accordance with the laws of the Member State which forwarded them, and according to the rules applicable to Europol's administration. 3. Without prejudice to article 4 (4) and (5), liaison officer in accordance with article 2, paragraph 1 intended purpose the exchange of information between the national help the units that they have sent, and Europol, in particular: 1) providing information from Europol National Unit, which sent them; 2) sending information from Europol National Unit, which sent them; and 3) in cooperation with the Europol officials by providing information and advice on information analysis for the Member State which forwarded them. 4. At the same time, communications officers help the exchange of information from their national units, as well as coordinate the results obtained in accordance with the relevant national laws and regulations and in accordance with article 2 (1) for the purpose. 5. In so far as this is necessary for the tasks provided for in paragraph 3, the communications officer is entitled to consult the various things in accordance with the relevant rules laid down in the articles. 6. Article 25 shall apply mutatis mutandis to the liaison officer. 7. Without prejudice to the other provisions of this Convention, liaison officers to rights and obligations in relation to Europol shall be determined unanimously by the Management Board. 8. Communications officers enjoy the privileges and immunities necessary for the performance of tasks in accordance with article 41 (2). 9. Europol supports the Member States free of charge, the premises of the headquarters of the national Europol liaison officer. All expenses incurred in sending liaison officers shall be borne by the Member State which transmitted them; It also covers expenditure on communications equipment officer, unless the Management Board in a particular case does not recommend unanimously another solution, by drawing up Europol's budget. Article 6 of the Computerised system of information collected 1. Europol shall maintain a computerized information system, gather the following ingredients: 1) the information referred to in article 7 of the system with limited and clearly defined content that allows you to quickly get to Member States and to Europol of information available; 2) referred to in article 10 working files created in different periods and analysis objectives include general information; and 3) index system containing details of 2. analysis files referred to under article 11. 2. The Europol computerised system of information collected under no circumstances may not be combined with other automated data processing system, except with the national unit for automated data processing systems. Title II information system article 7 information system 1. To fulfil its tasks, Europol will establish and maintain a computerized information system. The information system, in which Member States, represented by the national units and communications officers, you can directly enter data in accordance with the procedures in these countries, and in which Europol may directly enter a third country and the data provided by the authorities, as well as the analysis data is immediately available to work the national units, liaison officers, the Director, Deputy Directors and duly empowered Europol officials. Units direct access to national information system with regard to article 8, paragraph 1, subparagraph 2 those persons are allowed in only for the news of the persons listed in paragraph 2 of article 8. Special investigations needs a full range of data are available to the liaison officer. 2. Europol: 1) ensure compliance with the rules governing cooperation and information system, and 2) responsible for the proper information system technical and functional activities. Europol, in particular, take all measures to ensure that articles 21 and 25 of those measures concerning the information system are properly carried out. 3. The national unit in each Member State are responsible for communicating with the information system. They, in particular, are responsible for the security referred to in article 25 measures in relation to data processing equipment used in the territory of the Member State concerned, for inspection in accordance with article 21, the Member State concerned and, in so far as the laws, regulations and administrative provisions and procedures required for the proper implementation of this Convention with regard to the other aspects. Article 8 information systems content 1. Information system may only be used to store, modify and use the data, which are necessary for Europol's tasks, except data on article 2, paragraph 3, the second referred to the related criminal offences. Data concern: 1) who, in accordance with the laws of the Member State suspected of committing a criminal offence or participation therein, in accordance with article 2 of the Europol's competence, or who have been convicted of such an offence; 2) persons for whom there is a reasonable concern under national laws or regulations that they do criminal offences under article 2 of the Europol's competence includes. 2. the personal data referred to in article may only include the following information: 1) surname, maiden name, given names and any other or assumed names; 2) date and place of birth; 3) citizenship; 4) gender; and 5) where necessary, the other signs that could help make the identification, including any specific objective physical characteristics not subject to change. 3. in addition to the data referred to in paragraph 2 and data on Europol or national units that enter data, information systems, can also be used to store, modify and use these messages for 1 persons referred to in paragraph 1) on criminal offences, crimes for which the suspects, and the time and place of the offence; 2) about features that were used or that may be used for the purpose of criminal offences; 3) concerning the authorities handling the case, and guidance on documentation; 4) about a possible membership of a criminal organization; 5) on criminal if they are related to the prosecution of criminal offences under article 2 of the Europol's competence. This data can also be entered, if they have not yet given instructions to the parties. If Europol even enter data, as well as provide guidance on documentation, it also indicates whether the data were obtained from a third party or the same analysis. 4. in addition to the information provided by Europol or national units shall keep on paragraph 1 of the following groups of persons may notify any national unit or Europol if they request it. National units do so according to the laws of the country. If, in addition to the information covered by one or more of the article 2, paragraph 3, subparagraph 2 the related criminal offences, information system data on the appropriate marks to national units and Europol to exchange information on related criminal offences. 5. If the proceedings against the person concerned or that person to justify a stop, with the two decisions linked data is deleted. Article 9 the right of access to the information system Only 1 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 it. You can get data where it is necessary in the particular case of Europol's tasks; in accordance with the acquisition the acquiring entity laws, regulations, administrative provisions and procedures, all in addition to the provisions contained in the Convention. 2. only the unit that entered the data may modify, correct or delete such data. If a unit has reason to believe that the article referred to in paragraph 2, the data are incorrect or wishes to supplement this data, it shall forthwith notify the unit that entered data; last check without delay such notification and if necessary immediately amend, Supplement, correct or delete the data. If you have article 8, paragraph 3 of the data about a person, any entity can be entered in addition to article 8, paragraph 3 these data. If there is an obvious conflict between the data you enter, the unit concerned shall consult and agree between themselves. If a unit is intended to delete paragraph 2 of article 8 of the data that is entered into a person, and if the same person are stored in article 8, paragraph 3 of the data, but they entered other units, responsibility for data protection compliance laws in accordance with article 15 (1) of the regulation and the right to amend, Supplement, correct and delete such data pursuant to article 8, paragraph 2 shall be referred to the next unit What about that person entered the article 8, paragraph 3 these data. The unit, which plans to delete the data on their plans inform the unit that is given the responsibility for data protection. 3. Responsibility for data collection, entry and admissibility of amendments in information system rests with the unit that collects, enter or amend the data; This unit must be able to identify. Communication of information between the national unit and the competent authorities of the Member States is governed by national laws and regulations. Title III work file for analysis purposes article 10 personal data acquisition, processing and use of 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 the data on criminal offences, in accordance with article 2, paragraph 2, Europol's competence covers, including data on related criminal offences specified in article 2, paragraph 3, subparagraph 2 and intended for specific checks and refers to: 1) article 8(1) the persons referred to in point; 2) persons who may be called upon to testify in investigations in connection with the criminal offences in question or the subsequent criminal proceedings; 3) persons who are the victims of a criminal offence or in relation to them some of the facts suggests that they might be victims of such offences; 4) contacts and allies parties and 5) persons who can provide information on the criminal offences in question. The Council of Europe of 28 January 1981 Convention for the protection of individuals with regard to automatic processing of data in the first sentence of article 6 lists the data acquisition, storage and processing is not allowed, unless it is necessary for the purposes of the file and if one the following data with other personal data that is already entered in this file. It is prohibited to choose a particular group of persons solely on the basis of the data listed in the Council of Europe of 28 January 1981 of the Convention article 6, first sentence, in violation of the above provisions in relation to the target. The Council, acting unanimously in accordance with Title VI of the Treaty on European Union, adopt the procedure laid down in the implementing rules for data files prepared by the Management Board and which is in addition to the news, especially in relation to the persons referred to in this article, the categories of data and the rules for the security of the data and their use for internal monitoring. 2. create the following files for the purposes of analysis, which is to be understood in data collection, processing or use to assist in criminal investigations. Each analysis project includes the creation of a group of analysis, in which the following persons closely involved in accordance with article 3, paragraphs 1 and 2, and article 5, paragraph 3, stipulated tasks: 1) analysts and other Europol officials designated by the Europol Directorate: only analysts shall be empowered to enter data in the respective file and extract data from it; 2) communications officers and/or experts that deliver information or affected analysis within the meaning of point 6. 3. at the request of Europol or on their own initiative, national units in accordance with article 4, paragraph 5 shall notify Europol all the information which may be needed to make a 3 point 1 of article 2 in these tasks. Member States shall notify the following data only if their treatment with the aim of preventing, analyze or combating criminal offences are allowed by the laws of these countries. Depending on the degree of sensitivity, data from national units may be sent directly and by means that could be applied to the analysis groups, with or without mediation of the liaison officer. 4. If, in addition to paragraph 3, the data referred to in the Europol considers justified the need to get other information 3 of paragraph 1 of article 2 in these tasks, Europol may request that: 1) and the European Community, bodies governed by public law established under the treaties of this Community; 2) other bodies governed by public law established in the European Union; 3) entities created by two or more Member States of the European Union of the agreement; 4) third countries; 5) international organisations and those subject to the public law; 6) other bodies governed by public law which is created by two or more Member States of the European Union of the agreement; and 7) the international criminal police organisation shall send the relevant information by any appropriate means. Europol, under the same conditions and with the same features, you can take the information to various organizations on their own initiative. The Council, acting unanimously, in accordance with Title VI of the Treaty on European Union provided for in the procedure and after consulting the Management Board, lay down the rules that must be followed by Europol in this respect. 5. insofar as, in accordance with the other conventions is empowered 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. 6. If the analysis is more general and strategic, all Member States with the liaison officer and/or expert, it is completely linked to the findings, in particular, with the Europol report drawn up. If the analysis is made in special cases, which do not apply to all Member States and it is a direct purpose, participating in the following: 1 the representatives of the Member States) Member States which were the source of information that led to a decision on the analysis file, or in the Member States, to which this information is of direct relevance, as well as the Member States, the analysis by the group later invited to participate in the test, as this information also applies to them; 2) Member States which, after the index system of learning that they must inform and justify this in accordance with the requirements laid down in point 7. 7. the communication officers can request to inform them. Each Member State shall appoint and authorise a limited number of such liaison officer. This list of liaison officer it shall send to the Management Council. Liaison Officer requests that it be informed, as provided for in paragraph 6, with a reasonable written notice approved by the authority to which he is subject in the Member State concerned, and sent to all parties involved in the analysis. They then automatically engages in the ongoing analysis. If the analysis group, automatic raise objections to the agreement procedure limits involvement to an end, the following three phases: 1) the parties involved in the analysis shall endeavour to reach agreement with the liaison officer, who requests that it be informed; for this purpose, they shall have no more than eight days; 2) If no agreement is reached, the heads of the national units and Europol Directorate within three days; 3) where the dispute continues, the representatives of the parties concerned on the Management Board is eight days. If the Member State concerned does not waive any requirement to obtain information about the involvement of the Member will be adopted unanimously. 8. the Member State which transmitted the data to Europol, can only gauge their importance and amendments. For any analysis data dissemination or operational use of decision analysis, in consultation with the parties concerned. A Member State which joins the already ongoing analysis, can not distribute or use the data without the prior agreement of the original participating Member States. 11. Article 1 of the postal code system, Europol will establish a system of index data held by article 10, paragraph 1 of the files. 2. The Director, Deputy Directors and duly empowered officials of Europol and liaison officers shall have the right to use the index system. The index system shall be such that a communications officer who uses it, from the data used to understand that article 6, paragraph 1 and in paragraph 2 of article 10, paragraph 1 of the files have data for the Member State which has forwarded it to. Liaison officer to determine the access rights to be able to determine whether or not the information is stored, but it is not possible to establish connections or further conclusions do about the file content. 3. Detailed procedures for the establishment of the index system determined by the management board by unanimous decision. Article 12 command for opening a data file 1. every computerized data file that contains personal data Europol uses referred to in article 10 tasks, Europol data file in order to open, subject to the approval of the Management Board, 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) verification and storage time limits; 9) audits file creation method. The Director of Europol shall immediately inform provided for in article 24 of the joint supervisory body on the plan to create such a data file and shall receive the dossier to the Management Council can send any comment it deems necessary. 2. If the urgency of the matter does not allow you to receive management approval of the Council, as set out in paragraph 1, the Director of his own initiative or at the request of the Member States concerned may, by reasoned request to create the data file. At the same time he shall inform the members of the Management Board of his decision. Then immediately start the procedure referred to in paragraph 1 and completed as soon as possible. Information processing of title vi General provisions article 13 obligation to notify Europol shall promptly notify the national units, as well as their liaison officers if the national units so request, of all the Member States concerned information and exposed links between crimes which, in accordance with article 2 of the Europol's competence. You can also provide information and intelligence about other serious criminal offences that Europol will learn in the performance of their duties. 14. Article 1 of the data protection standard. this Convention at the latest at the time of entry into force of each Member State in accordance with national laws or regulations shall make arrangements with regard to the processing of personal data in data files under this Convention, in order to ensure data protection standard, which at least meets the Council of Europe of 28 January 1981 as a result of the application of the Convention created the standard and, in so doing, take account of the Committee of Ministers of the Council of Europe of 17 September 1987 of the recommendation No R (87) 15 on the use of personal data in the police sector. 2. This Convention on transfer of personal data cannot begin until the day after each such shipment in the territory of the participating Member States shall put into force the protection provided for in paragraph 1. 3. Europol, obtaining, processing and using personal data, take into account the Council of Europe of 28 January 1981 for the principles of the Convention and the European Council of Ministers of the Council of 17 September 1987 of the recommendation No. R (87) 15. Europol shall respect these principles also in respect of non-automated data stored in data files, that is, all structured personal data which are accessible according to specific criteria. Article 15 liability 1 for data protection under other provisions of this Convention, the responsibility for the data stored in the Europol, in particular as regards the legality of the data acquisition, transmission to Europol and the input, as well as to their accuracy, restore, and verification of the storage time limits, lies with the: 1) the Member State which input or data sent; 2) Europol in respect of data sent to Europol by third parties or obtained by analyses carried out by Europol. 2. Furthermore, in accordance with the other provisions of this Convention, Europol shall be responsible for all the data received and processed irrespective of whether such data is referred to in article 8 of the information system, the data files created in article 10 for the purposes of the analysis referred to in article 11, the index system referred to in article 14 or in the files referred to in paragraph 3. 3. Europol shall store data so that you can determine where a Member State or in a third party to send, or find that they obtained the results of the analyses carried out by Europol. Article 16 of the rules on the reporting of average, Europol shall draw up a report on at least one of the ten people in the acquisition, as well as for each data acquisition, made in article 7 in the information system in order to check that the data is permitted under the law. Reports data used only for purposes of Europol, as well as in article 23 and 24 in those supervisory authorities, and are deleted after six months, unless the data are required to further controls. The report details the decision to adopt the Management Board after consultation of the joint supervisory body. Article 17 rules concerning the use of data from the information system 1, index system and analyses the created data files obtained personal data, as well as other ways you can transfer the data transmitted or used only by the competent authorities of the Member States to prevent and combat criminal offences that are within the competence of Europol, as well as to combat other serious crimes. The data referred to in paragraph 1 shall be used according to the laws of the Member State responsible for the institutions that use the data. Europol may use the data referred to in paragraph 1 only to comply with article 3 of these tasks. 2. If necessary, the specific data or article 10, paragraph 4 of the third State or third body that sends data, set specific limits on the use to which such data is subject in the Member State or to a third party, such restrictions shall also comply with data users, except in the special case where national law lays down that restriction is lifted the judiciary, the legislature, or under other laws or regulations created independent bodies who is required to monitor national authorities article 2, paragraph 4. In such cases, the data may only be used after prior consultation with the Member State which forwarded them and whose interests and opinions must be taken into account as far as possible. 3. the data can be used for other purposes or can be used by other institutions, not mentioned in article 2 of this Convention, the prior consultation of the Member State which transmitted the data, to the extent permitted by the relevant Member State legislation. Article 18 transfer of data to third countries and bodies 1 in accordance with paragraph 4, to the conditions laid down in the existing personal data may be sent to third countries and bodies article 10 paragraph 4 of signifies, if: 1) in some cases, it is necessary to prevent or combat crime, which under article 2 of the Europol's competence; 2) in that country or institution is to ensure the appropriate level of data protection; and 3) this is acceptable according to the General rules within the meaning of paragraph 2. 2. in accordance with Title VI of the Treaty on European Union and of the procedures referred to in the light of the circumstances referred to in paragraph 3, the Council unanimously determines general rules about how Europol sent personal data to third countries and bodies article 10 paragraph 4. The Management Board shall prepare the decisions of the Council and shall consult in article 24 that the joint supervisory authority. 3. the adequacy of the level of data protection in third countries and bodies article 10 paragraph 4 means assessed taking into account all the circumstances that are essential when sending personal data; in particular, take account of the following conditions: 1 the nature of the data); 2) objectives, some data are intended; 3) processing time; and 4) General or specific provisions applicable to third countries and bodies article 10 paragraph 4. 4. If the data sent to Europol by a Member State, Europol may send them to third countries and bodies only with the consent of the Member State. A Member State may give prior agreement or the general agreement with the conditions of such transfer; such consent may be withdrawn at any time. If data is not sent by a Member State, Europol will even make sure that the following data: 1) does not restrict the right of carrying out their duties, within the competence of the Member State; 2) does not endanger State security and public order or otherwise interfere with its prosperity. 5. Europol shall be responsible for the legality of the authorisation of shipment. Europol register sending data, as well as the reasons for such shipment. Data shall be allowed only if the recipient agrees to use the data only for the purposes for which they were sent. This does not apply to the transfer of personal data that are required for Europol inquiry. 6. If the transmission provided for in paragraph 1 shall apply to information subject to confidentiality requirements, it is permissible only to the extent there is agreement between Europol and the privacy of the recipients. Article 19 access rights each person wishing to use the right of access to the data relating to the person and stored at Europol, or want to check this data, you can submit a request free of charge to the national competent authority in any Member State by the person's choice, and that authority shall immediately notify Europol and shall inform the applicant that he will get the answer straight from Europol. 2. the application must fully consider the Europol within three months from the date of receipt of the relevant Member State competent authority. 3. A Person's right of access to the data relating to the person, or the right to verify such data used in accordance with the laws of the Member State in which the law requires, taking into account the following rules: If the legislation of the Member State concerned shall provide the transmission of such data, it is not done, if the refusal is required to: 1) would allow Europol to correctly perform their duties; 2) protect the Member States ' security and public order or to prevent criminal offences; 3) protect the rights and freedoms of third parties; These observations should not be disregarded in the interests of the persons covered by the transmission of information. 4. The right to send information in accordance with paragraph 3 shall be used in accordance with the following procedures: 1) the data entered in the information referred to in article 8, cannot decide to send such data, unless the Member State which entered the data, and the Member State to which the direct relevance of this data, you must first have not had the opportunity to express its position, which may also include a refusal to provide such data. Data that may be sent, as well as the transmission of such data to the rules indicate the Member State which entered the data; 2) in relation to the data that you entered in the Europol information system, the Member States, which are of direct relevance to this data, you must first have the opportunity to state their positions, which may include a refusal to provide such data; 3) data entered in the work referred to in article 10 files, analyses, the following data are sent only if Europol and the analysis of the Member States concerned, shall take a unanimous decision article 10 paragraph 2 means and if Member States which directly affect the transmission of such data, adopted unanimously. If one or more Member States or Europol have objected to the transfer of data, Europol shall notify the person concerned that it has carried out checks, without giving any information which could reveal whether this person is not known. 5. The right to verify information used in accordance with the following procedures: If the applicable national law does not lay down the rules on the transmission of data or a simple case of a verification request, Europol, in close cooperation with the relevant national authorities carry out inspections and shall notify the applicant without giving any information which could reveal whether this person is not known. 6. in response to a request to inspect or to have access to data, Europol shall inform the applicant that he may appeal against the decision of the joint supervisory body if it does not satisfy him. The applicant may also put the matter to the joint supervisory body if he requests a response within the time limits laid down in this article. 7. If the applicant submits the appeal referred to in article 24 of the joint supervisory body, it checks this appeal. If the appeal relates to the transfer of data, a Member State which has entered the information system, the joint supervisory body shall take a decision in accordance with the laws of the Member State in which the application was filed. The joint supervisory body shall first consult with the national supervisory authority or the competent judicial authority of the Member State providing the data. Any national authority shall make the necessary checks, in particular to establish whether the refusal was given the decision adopted in accordance with paragraph 3 of this article and paragraph 4, subparagraph 1. If it is confirmed, a decision that may include a refusal to provide information, the joint supervisory body in close cooperation with the national supervisory authority or the competent judicial authority. If the appeal relates to the transfer of data by Europol have entered information system or keep work files for the purposes of analysis, the joint supervisory body of Europol or of a Member State in the event of persistent objections may not be waived such objections, unless the decision is not adopted by a two-thirds majority of its members by Europol or the hearing of the Member State concerned. If such majority is not, the joint supervisory body shall notify the applicant that it has carried out checks, without giving any information which could reveal whether he is or is not known. If the appeal relates to the checking of data by information system has entered a Member State, the joint supervisory body shall ensure that the necessary checks are carried out accurately and in close cooperation with the management authority of the Member State which entered the data. The joint supervisory body shall notify the applicant that it has carried out checks, without giving any information which could reveal whether he is or is not known. If the appeal relates to the checking of data entered by the Europol information system or keep work files for the purposes of analysis, the joint supervisory body shall ensure that the necessary checks are carried out by Europol. The joint supervisory body shall notify the applicant that it has carried out checks, without giving any information which could reveal whether he is or is not known. 8. The foregoing provisions shall apply mutatis mutandis to non-automated data held by Europol data files, it is structured, all the personal data which are accessible according to specific criteria. Article 20 correction and deletion of data 1. If it is found that the data held by Europol, which then forwarded to third countries or institutions, or obtained the results of the analyses carried out by Europol as erroneous, or entering or storage is contrary to this Convention, Europol, such data shall correct or delete. 2. If data that are incorrect or contrary to this Convention, Europol sent directly to the Member States, their obligation is to modify that data or to delete collaboration with Europol. If incorrect data are transmitted by another appropriate means or if the Member States send data to the existing error due to incorrect shipment or the data is sent in violation of the provisions of this Convention or the error is encountered, the Europol incorrectly entering, receiving or storing, or violation of the provisions of this Convention, Europol shall be obliged to correct or delete them in collaboration with the Member States concerned. 3.1 and 2, in the cases referred to in paragraph 1 the Member States, the recipient shall immediately inform about it. The beneficiary Member States shall also correct or delete those data. 4. any person shall have the right to ask Europol to correct or delete incorrect data concerning these persons. Europol shall inform the applicant that the data on him have been corrected or deleted. If the applicant is not satisfied with Europol's reply or he does not receive a reply within three months, he may turn to this question at the joint supervisory body. Article 21 data file storage and deletion time limits 1. Europol shall store data in data files only for as long as is necessary for the tasks. The need to continue to store the data in the report no later than three years after the data. Information system of data held and the deletion review take the inputting unit. In other Europol data files stored on the data review and deletion shall be carried out by Europol. Europol three months automatically inform the Member States about the review of data held. 2. Revision of paragraph 1 during the third and fourth sentence referred to entities may decide to continue to store the data until the next review if this is still necessary for Europol's tasks. If the decision is taken to continue to store the data, it is automatically deleted. 3. personal data relating to paragraph 1 of article 10 paragraph 1 of part 1 of the said persons, storage should not exceed three years. Each period shall start running from the day when a new event occurs that causes store data for a particular person. The need to continue holding review each year and documented in this report. 4. If a Member State of its data files, deletes the data that is sent to Europol and stored in other Europol data files, it shall inform Europol accordingly. In such cases, the Europol data delete, unless he has no further data on interest, on the basis of intelligence that is wider than that of the Member State of dispatch on-hand. Europol shall inform the Member State concerned about the continuation of data storage. 5. do not take the deletion if it would harm the interests of the data subject which require protection. In such cases, the data may be used only with the consent of the data subject. Article 22 data correction and storage of document files 1. If it is found that the stored document files of Europol or the data contained therein is no longer required for the tasks of Europol or the information is generally inconsistent with this Convention, document files or data concerned. Document files or data concerned is marked as not available for use until their actual destruction. Destruction must not be made if there is reason to believe that you would have otherwise suffered damage to the data subject's legitimate interests. In such cases, the document files must have the same tag, prohibiting all use. 2. If it is established that the document files of Europol's data is incorrect, Europol shall be obliged to correct them. 3. any person covered by the Europol document files, you can use the right to ask Europol to correct or destroy files or documents to add a check mark. 20. paragraph 4 of article and article 24, paragraphs 2 and 7. Article 23 the national supervisory authority 1. each Member State shall designate a national supervisory authority, which is in accordance with the relevant national regulations independently monitor whether is permitted in the Member State concerned, of personal data acquisition and transmission to Europol, as well as check or so does not breach the rights of the data subject. The supervisory authority for these purposes have access to the national liaison officer of the unit or premises, to the Member States the data entered in the information system and index system in accordance with national procedures. The objectives of monitoring national supervisory authorities having access to their communications officers located in offices and Europol documents. In addition, in accordance with the relevant national procedures, the national supervisory authorities monitor the activities of national units in accordance with article 4, paragraph 4, as well as the activities of the liaison officer in accordance with paragraph 3 of article 5 1 and 3 and article 5 (4) and (5) in so far as such activities are essential for the protection of personal data. 2. each person has the right to request the national supervisory body to ensure that with him all kinds of related data entry or transmission to Europol and the Member State introducing the data is legitimate. You can use this right in accordance with the laws of the Member State where the national supervisory authority of the request is filed. Article 24 the joint supervisory body 1. Is created by an independent joint supervisory body, in accordance with this Convention to review the activities of Europol in order to ensure that the rights of individuals are not violated, storing, processing and using the data held by Europol. In addition, the joint supervisory body shall monitor the lawfulness of the transmission of data originating from Europol. The joint supervisory authority shall be made up of no more than two members or representatives (where appropriate assisted which alternates) from each of the national supervisory authorities, which have guaranteed that they are independent and with the necessary skills, and which Member State appointed for a period of five years. Each delegation has one vote. The joint supervisory body shall appoint a Chairman from among its members. In carrying out their duties, the joint supervisory authority shall not receive instructions from other authorities. 2. Europol shall assist the joint supervisory body to carry out its duties. In so doing, Europol, in particular: 1) sends the requested information, gives access to all the documents and files of documents, as well as access to the data stored in the system; and 2) at any time allow it free access to his premises; 3) runs the joint supervisory body's decisions on appeals under article 19, paragraph 7, and article 20, paragraph 4, of the rules. 3. The joint supervisory body shall be competent to examine questions concerning the implementation of the activities of Europol and the interpretation relating to the processing of personal data and use, examine the questions on the tests carried out by independent supervisory authorities of the Member States, or of the right to information, as well as to draw up harmonised proposals for joint resolution of existing problems. 4. Every person has the right to request the joint supervisory body to ensure that Europol collects, stores, processes and uses personal data for legitimate and accurate. 5. If the joint supervisory body notice these violations of the Convention's provisions, storing, processing or using personal data, it shall make any complaints it deems necessary to the Director of Europol, and asked him to reply within a time limit. The Director shall inform the Management Board about the whole procedure. If you are having trouble, the joint supervisory body shall submit the matter to the Management Board. 6. The joint supervisory body shall draw up activity reports regularly. In accordance with Title VI of the Treaty on European Union the procedures referred to in the Council; The Management Council will first have the opportunity to deliver an opinion, which shall be annexed to the report. The joint supervisory body shall take a decision to publish or not to publish the activity report and, if it decides to publish, determine how it should be published. 7. the joint supervisory authority shall unanimously adopt its rules of procedure, which shall be submitted to the Council for unanimous approval. It set up a Committee, comprising one qualified representative from each Member State with the right to vote. The task of the Committee is to examine the article 19, paragraph 7, and article 20, paragraph 4 of the appeal with all the features. If the parties so request, be heard by the Committee, helping advisers of the parties, if they so wish. In this context, the decisions are final with respect to all the parties concerned. 8. The joint supervisory body may also create one or more other committees. 9. The joint supervisory authority shall be consulted on the budget. Its opinion shall be appended to the draft budget in question. 10. the supervisory authority assisted by a secretariat, which shall determine the duties of the rules of procedure. Article 25 data security 1. Europol shall take the necessary technical and organisational measures to ensure the implementation of this Convention. Measures are taken only when the related effort is proportional to the purpose that they are intended to achieve in relation to protection. 2. with regard to the automatic processing of data at Europol each Member State and Europol shall take measures designed to: 1) deny unauthorised persons access to data processing equipment used for processing personal data (equipment access control); 2) prevent unauthorized storage medium reading, copying, changing, or deleting (data media control); 3) prevent the unauthorised input of data and the unauthorised inspection of the personal data stored, amendment or deletion (storage control); 4) prevent automated data processing systems by unauthorised persons using data communication equipment (user control); 5) ensure that persons authorised to use an automated data processing system only has access to the data covered by their access privileges (data access control); 6) ensure that it is possible to check and establish to which bodies personal data may be transmitted using data communication equipment (communication control); 7) ensure that it is subsequently possible to verify and establish which personal data have been input into automated data processing systems and when and by whom the data were input (input control); 8) prevent unauthorized persons reading, copying, modification or erasure of data during the transmission or data medium at the time of movement (movement control); 9) ensure that installed systems may, in the event of disruption to immediately restore (restore); 10) ensure that the functions of the system perform without fault, that the error from appearing in the action is immediately reported (reliability) and data stored may not damage the system malfunction (integrity). Section v legal STATUS, organisation and financial provisions article 26 legal capacity 1. Europol shall have legal personality. 2. Europol each Member State the most extensive legal and contractual capacity available to legal persons under national legislation. Europol, in particular, may acquire and dispose of movable and immovable property and be a party to legal proceedings. 3. Europol shall be empowered to conclude a headquarters agreement with the Kingdom of the Netherlands and to conclude with third countries and bodies article 10 paragraph 4 means the necessary confidentiality agreements in accordance with article 18, paragraph 6, as well as to conclude other agreements in accordance with the rules which the Council unanimously has determined, on the basis of this Convention and of title VI of the Treaty on European Union. Article 27 the structures of Europol Europol is: 1) the structure of the Management Board; 2) Director; 3) financial controller; 4) Finance Committee. Article 28 the Management Board 1. Europol's Management Board. Management Board: 1) participates in the expansion of Europol's objectives (article 2); 2) unanimously established the rights and duties of officers in relation to Europol (article 5); 3) adopted unanimously on the liaison officer that the Member States can be sent to Europol (article 5); 4) draw up implementing rules for data files (article 10); 5) participates in the adoption of rules governing Europol's relations with third countries and bodies article 10 paragraph 4 means (10, 18 and article 42); 6) adopted unanimously on index system construction (article 11); 7) by a two-thirds majority, approve orders for data file (article 12); 8) may issue an opinion on the joint supervisory body reviews and reports (article 24); 9) assesses problems for which indicates the joint supervisory body (article 24, paragraph 5); 10) shall decide on the detailed procedure to verify the data retrievals from the information system (article 16); 11) participate in the Director and Deputy Director in the appointment and dismissal (article 29); 12) monitors the proper execution of his duties (article 7 and 29); 13) take part in the approval of the staff regulations (article 30); 14 confidentiality agreement) are involved in the preparation and approval of the rules for the protection of confidentiality (article 18 and 31); 15) participate in the budget process, including the establishment plan, audit and settlement, which must be submitted to the Director (article 35 and 36); 16) unanimously approved a five-year financial plan (article 35); 17) unanimously appointed finance Inspector and review its obligations (article 35); 18) participating in the financial regulation (article 35); 19) unanimously approved the conclusion of the headquarters agreement (article 37); 20) unanimously approved rules for Europol officials security permissions; 21) takes a decision by a two-thirds majority for disputes between a Member State or between Member States and Europol concerning the compensation paid in accordance with the liability for unauthorised or incorrect processing of data (article 38); 22) participate in all amendments to this Convention (article 43); 23) is responsible for other tasks entrusted to it by the Council, in particular the provisions for the implementation of this Convention. 2. the Management Board shall consist of one representative from each Member State. Each Member of the Management Board shall have one vote. 3. Each member of the Management Board may be represented by a Deputy; in the absence of a full member may exercise the Deputy's right to vote. 4. Invites the European Commission to attend meetings of the management board without the right to vote. However, the Management Board may decide to meet without the representatives of the Commission. 5. the experts of the Member States concerned shall have the right to spend management board members or alternate members and give them advice to its meetings. 6. the Management Board shall be chaired by the representative of the Member State which holds the Presidency of the Council. 7. the Management Board, acting unanimously, shall adopt its rules of procedure. 8. Abstinence prevents the Management Board, to take decisions, which must be adopted unanimously. 9. the Management Board shall meet at least twice a year. 10. The Management Board shall each year adopt unanimously: 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 in accordance with Title VI of the Treaty on European Union in that procedure. Article 29 the Director 1. Europol shall be headed by a Director, who for four years with the possibility of extended once this deadline shall be appointed by the Council, acting unanimously in accordance with Title VI of the Treaty on European Union the procedures referred to in the receipt of the opinion of the Management Board. 2. The Director shall be assisted by Deputy Directors more as determined by the Board and appointed for four years with the possibility of extended once this period in accordance with the procedure laid down in paragraph 1. Their duties more defined by the Director. 3. the Director shall be responsible for: 1) the tasks assigned to Europol; 2) day-to-day management; 3) personnel management; 4) Management Council decision the proper preparation and execution; 5) draft budget, draft establishment plan and five-year financial plan for the project preparation and execution of the budget of Europol; 6) other responsibilities entrusted to him by the Convention or the Management Board. 4. the Director shall report to the Management Board on the performance of his duties. He attends meetings of the Management Board. 5. the Director shall be Europol's legal representative. 6. The Director and Deputy Director can be dismissed with a Council decision adopted under Title VI of the Treaty on European Union and in the procedure provided for by a two-thirds majority of the Member States shall, after receiving the opinion of the Management Board. 7. Notwithstanding points 1 and 2, the first term of Office after the entry into force of this Convention shall be five years, four years his first Deputy, and three years for the second Deputy Director. 30. Article 1 of the staff Director, the Deputy Directors and employees of Europol shall operate in the objectives and tasks of Europol and not or not looking for orders from any Government, authority, organisation or person outside Europol, unless this Convention provides otherwise and without prejudice to Title VI of the Treaty on European Union. 2. the Director shall be responsible for the Deputy Directors and employees of Europol. He is recruiting and dismissing employees. Choosing employees, in addition to personal suitability and professional qualifications, he takes into account the need to ensure adequate and all nationals of all the official languages of the European Union. 3. the Detailed rules laid down in the staff regulations, the Council after receiving the opinion of the management board by unanimous decision adopted in accordance with Title VI of the Treaty on European Union provided for in the procedure. Article 31 confidentiality 1. Europol and the Member States shall take the necessary measures to protect information subject to the requirements of confidentiality and that Europol has acquired or sent on the basis of this Convention. To this end, the Council, acting unanimously, shall adopt appropriate rules on confidentiality prepared by the Management Board and submitted to the Council in accordance with Title VI of the Treaty on European Union provided for in the procedure. 2. If Europol has entrusted persons sensitive activity, Member States shall, at the request of the Director of Europol, undertake to hold its citizens ' safety inspection carried out in accordance with national laws and regulations, and to provide in this regard each other with mutual assistance. The relevant authority under national provisions shall inform Europol only of the results of the security check that Europol is bound. 3. Each Member State and Europol may entrust the processing of data at Europol, only those individuals who are specifically trained and passed a security check. Article 32 obligation of discretion and confidentiality 1. structure of Europol, the members, the Deputy Directors, employees of Europol and liaison officers shall not take actions and not to opinions that might be harmful to Europol or interfere with its operation. 2. the structure of Europol, the members, the Deputy Directors, employees of Europol and liaison officers, as well as all other persons subject to the obligation of discretion and confidentiality, shall be bound not to disclose facts or information they learned in the course of their duties or in the course of their activities, to unauthorized persons, or the public. This does not apply to facts or information that is too essential to privacy should be respected. Obligation to comply with discretion and confidentiality shall apply even after the abolition of posts, the release of labour or after termination of activities. In the first sentence of the specific obligations to inform Europol and warn you about all the legal consequences of the breach; such notification shall be recorded in writing. 3. structure of Europol, the members, the Deputy Directors, employees of Europol and liaison officers, as well as persons covered by the obligation laid down in paragraph 2, may not give testimony in court or out of court or to make statements about any facts or information of which they become aware in the performance of their duties or in the course of their activities, without informing the Director or, if the witness must provide the same Director, Management Council. Director or the Management Board, depending on the case, start negotiations with judicial authority or any other competent authority, in order to take the necessary measures in accordance with national laws and regulations applicable to the authority, with which negotiations started; such measures may be taken to clarify the hearing procedures to ensure the confidentiality of the information, or, provided that national legislation permits, to refuse to make statements about the data, in so far as this is relevant to Europol or of a Member State's interests. If a Member State's legislation provides for the right to refuse to testify, the persons who are asked to give testimony, must receive the permission. Permission is granted by the Director, but for evidence to be provided by the Director, the Management Board. If the communication officer asked to give testimony on information he receives from Europol, such permission shall be given after the agreement with the Member State responsible for the relevant liaison officer. Furthermore, if the possibility exists that the evidence without prejudice to information and knowledge which a Member State has communicated to Europol or which clearly is associated with a Member State, prior to the authorization of the Member State must obtain a position on testimony. Permission to give evidence may be refused only to the extent necessary to protect the primary Europol or the interests of the Member State or Member States which have to be protected. This obligation shall apply even after the abolition of posts, the release of labour or the termination of the operation. 4. each Member State any irregularities relating to the obligation to comply with discretion or confidentiality laid down in paragraphs 2 and 3 shall be considered a breach of the obligations imposed by the legislation on professional or professional secrets or rules on protection of confidential material. Each Member State shall, where necessary, no later than the date of entry into force of this Convention introduces legislation or rules which are necessary in order to prosecute for 2 and 3 referred to the obligation to observe secrecy or privacy violations. It provides that the relevant regulations and rules also apply to the relevant State employees who communicate with Europol, in carrying out its work. Article 33 languages 1. management reports submitted to the Council, as well as other documents shall be submitted in all official languages of the European Union; Management Board working languages are the official languages of the European Union. 2. the work of Europol the necessary translations provides translation Centre for the bodies of the European Union. 34. article providing information to the European Parliament 1. Presidency of the Council, each year, forward to the special report to the European Parliament on the work of Europol. The European Parliament is consulted when this Convention be amended. 2. the Presidency of the Council or its designated representative with regard to the European Parliament take into account the obligation to observe secrecy and confidentiality. 3. the obligations laid down in this article is without prejudice to the rights of national parliaments, of the Treaty on European Union Article K6 and the General principles applicable to relations with the European Parliament in accordance with Title VI of the Treaty on European Union. Article 35 budget 1. Europol shall be drawn up of all income and expenditure, including the joint supervisory authority and in accordance with article 22 of the Secretariat set up costs for each financial year and these positions are included in an estimate. staff list added to the budget. The financial year begins on January 1 and ends on December 31. The revenue and expenditure shown in the budget shall be in balance. Together with the budget drawn up in the five-year financial plan. 2. the budget shall be financed from contributions by Member States and other revenue. Each Member State's financial contribution shall be determined in accordance with the gross domestic product of the Member States ' total gross domestic product for the year before that, about drawing up a budget. In this paragraph, "gross domestic product" is the gross domestic product, determined in accordance with Council of 13 February 1989 directive 89/130/EEC, Euratom on the harmonization of the compilation of gross domestic product at market prices. 3. At the latest by 31 March of each year, the Director shall draw up a draft budget and establishment plan draft plan for the next financial year and after checking the Financial Committee shall submit them to the Management Board together with a five-year financial plan for the project. 4. The Management Board shall adopt a decision on the five-year financial plan. The decision shall be taken unanimously. 5. after receiving the opinion of the Management Board, the Council in accordance with Title VI of the Treaty on European Union the procedure provided for in the approved budget of Europol, at the latest by 30 June of the year preceding the financial year in question. The decision shall be taken unanimously. The budget approved by the Council obliges each Member State to draw immediately its appropriate contributions. 6. The Director shall implement the budget in accordance with paragraph 9 of the financial rules laid down. 7. monitoring of the commitment and payment of expenditure, income and identification is carried out by a Member State for the collection of an official audit bodies financial controller appointed by the management board by unanimous decision and to which it is accountable. Financial rules may provide follow-up monitoring, carried out by the financial controller of some income or expense items. 8. the Financial Committee shall be composed of one budgetary representative from each Member State. Its task is to prepare the discussions on the budgetary and financial issues. 9. The Council, acting in accordance with Title VI of the Treaty on European Union provided for in the procedure unanimously adopt the financial rules, in particular by specifying detailed provisions on the drawing up of the budget and execution, modification and monitoring of its implementation, as well as on the contributions of the Member States takes place. 36. Article 1 of the Audit on the accounts of all income and expenditure entered in the budget, together with the balance sheet showing Europol's assets and liabilities, subject to an annual audit in accordance with the financial regulations. To this end, the Director shall submit a report on the annual report at the latest by next year to 31 May. 2. the audit carried out joint Audit Committee consisting of three members, appointed by the Court of Auditors of the European communities following the recommendation of its Chairman. Members ' term of Office shall be three years; It changes the members of the Committee, to replace each year one member of the Committee, who was in the Audit Committee for three years. Notwithstanding the provisions of the second sentence, the term of Office of this Committee member who after the toss: — is the first of two years — is the second of three years — is the third, is four years in the original composition of the joint audit after the inception of Europol. All expenses arising from the audit charged to the budget laid down in article 35. 3. the joint Audit Committee pursuant to Title VI of the Treaty on European Union provided for in the procedure, submit to the Council a report on the audit of the annual accounts; before the Director and financial controller is able to express an opinion on the audit report and the report discusses the Management Council. 4. The Director of Europol of the joint Audit Committee provides members with all the information and assistance they require for the performance of their duties. 5. the decision of the Director served settlement in respect of the implementation of the budget for the financial year concerned, shall be adopted by the Council on the report on the annual accounts of the checks. 6. detailed rules for the financial audit regulations. 37. Article headquarters agreement the necessary provisions on Europol premises eligible host country, equipment that the State concerned should be made available, as well as the specific rules applicable in the Europol headquarters State to the Europol structure members, the Deputy Directors, employees and their family members, laid down in a headquarters agreement between Europol and the Kingdom of the Netherlands to be concluded after unanimous approval of the Management Board. Chapter vi liability and redress article 38 liability for unauthorised or incorrect data processing 1. Each Member State shall be liable, in accordance with its laws, for any damage caused to the person, for legal or factual errors in data stored or processed at Europol. Only the Member State in which the injury caused by the case, must compensate the injured party, which revolves in the Court which, in accordance with the laws of the Member State's jurisdiction. Member State may not plead that another Member State has sent an accurate data to avoid liability under its laws vis-à-vis the injured party. 2. If these legal or factual errors in data sent is going wrong, or because this has not been complied with the obligations laid down in the Convention of one or more Member States or Europol taking unauthorised or incorrect storage or processing by Europol, or to a given Member State is obliged, upon request, reimburse the sum paid as compensation unless the data is not used by the Member State in whose territory the damage caused in violation of this Convention. 3. any dispute between that Member State and Europol or another Member State of the principles or the amount of the levy Management Board turns that settled the issue with a two-thirds majority. 39. Article 1 of the other responsibilities of Europol's contractual liability shall be governed by the law applicable to the contract. 2. in the case of non-contractual liability, Europol is obliged, regardless of the obligations under article 38, pay all of the damages incurred by its structure, the Deputy Director or servant of the mistaken execution of their duties, insofar as they can blame the loss and regardless of the differing laws of the Member States of the damages request procedures. 3. The injured party is entitled to demand that Europol refrain from taking action or stop them. 4. the Court of Justice of the Member State which is competent to examine disputes referred to in this article, Europol's liability shall be determined in accordance with the relevant provisions of the 27 September 1968 Brussels Convention on jurisdiction and enforcement of judgments in civil and commercial matters, which later amended by the accession treaty. Article 40 settlement of disputes 1. disputes between Member States concerning the interpretation or application of this Convention shall first be discussed by the Council in accordance with Title VI of the Treaty on the European Union laid down in the rules of procedure with a view to reaching a solution. 2. where such disputes not settled within six months, the Member States which are parties to the dispute, by mutual agreement, shall decide on the conditions under which it will be settled. 3. the rules on the appeals referred to in the provisions of the employment conditions applicable to temporary staff of the European communities and auxiliary staff shall apply mutatis mutandis to the staff of Europol. Article 41 of the privileges and immunities of Europol, the 1 of its organs, the Deputy Directors and employees of Europol has all the privileges and immunities necessary for the performance of their duties in accordance with the Protocol, which defines the rules applicable to all Member States. 2. The Kingdom of the Netherlands and the other Member States shall agree on the same conditions as that of the other Member States sent communications officers, as well as their family members have all the privileges and immunities, which is required for the Europol liaison officer's duty. 3. the Protocol referred to in paragraph 1 shall be approved by the Council, acting unanimously in accordance with Title VI of the Treaty on European Union, and of the procedures laid down in the Member States, in accordance with their respective constitutional requirements. Title VII final provisions article 42. Relations with third countries and bodies 1. So far as is relevant for the article 3 of the said duty, Europol will establish and maintain cooperative relations with third bodies article 10 paragraph 4 subparagraph 1 to 3. The Management Board shall unanimously draw up rules governing such relations. This provision is without prejudice to article 10 (4) and (5) and article 18, paragraph 2; the exchange of personal data shall only take place in accordance with this Convention, the provisions of title II to IV. 2. in so far as it requires the obligation referred to in article 3, Europol may also establish and maintain relationships with third countries and bodies article 10 paragraph 4 4., 5., section 6 and 7. The Council, having received the opinion of the Management Board, acting unanimously, in accordance with Title VI of the Treaty on European Union in the development of the procedures referred to in the provisions governing the first sentence of that relationship. the third sentence of paragraph 1 shall apply mutatis mutandis. 43. Article 1 of the Convention amendments. in accordance with Title VI of the Treaty on European Union the procedure provided for in the Council, on a proposal by a Member State and after consulting the Management Board, shall adopt unanimously in accordance with the Treaty on European Union article 9, point K1 for all amendments to this Convention, which it recommends to the Member States for approval, in accordance with their respective constitutional requirements. 2. Amendments shall enter into force in accordance with article 45 of the Convention paragraph 2. 3. However, the Council, acting unanimously in accordance with Title VI of the Treaty on European Union the procedure provided for in the initiative of a Member State and after the Management Board has discussed the matter, decide to amend or supplement annex the existing criminal offence type definitions. In addition, it can introduce a new definition of the offences listed in the annex. 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 amendment. Article 44 reservations to this Convention reservations are not permitted. Article 45 entry into force of the Convention 1. this Convention shall be adopted by the Member States in accordance with their respective constitutional requirements. 2. Member States shall notify the depositary of their constitutional requirements for adopting this Convention. 3. this Convention shall enter into force on the first day of the month following three months referred to in paragraph 2, the Member State in its notification, which, being a Member State of the European Union day, when the Council approved legislation on the adoption of this Convention, the last execution of this formality. 4. Without prejudice to paragraph 2, Europol will initiate actions under this Convention does not enter into force until the last act, provided for in paragraph 7 of article 5, paragraph 1 of article 10, paragraph 7 of article 24, paragraph 3 of article 30, article 31, paragraph 1 of article 35, paragraph 9, and article 41, paragraph 1 and 2. 5. when Europol started its operations, the Europol drugs unit under the command of 10 March 1995 a joint action concerning the Europol drugs unit. At the same time, all of the Europol drugs unit joint budget funded equipment created by or produced by the Europol drugs unit, or by the country of residence free of charge transferred the Europol drugs unit to be permanently available for use with the unit all archives and independently manage data files, becomes the property of Europol. 6. once the Council has approved the legislation on adoption of this Convention, the Member States shall individually or jointly under national law or regulations take all preparatory measures which are necessary for the start-up of Europol. 46. Article 1 accession of new Member States. this Convention shall be open to accession by any State that becomes a member of the European Union. 2. The text of the Convention, the acceding State, drawn up by the Council of the European Union languages shall be authentic. 3. the instruments of accession shall be deposited with the depositary. 4. this Convention to all States which accede to it, shall enter into force on the first day of the month following three months after the deposit of its instrument of accession or the date of entry into force of the Convention if it has not already entered into force at the end of that period. 47. Article 1. Depositary the Secretary-General of the Council of the European Union shall act as depositary of this Convention. 2. the depositary shall publish in the official journal of the European communities in the reports, documents or notification concerning this Convention. In witness whereof the undersigned, being duly authorized, have signed this Convention. Signed in Brussels, one thousand nine hundred and ninety-twenty-sixth of July, in a single copy in the Danish, Dutch, English, Finnish, French, German, Greek, Irish, Italian, Portuguese, Spanish and Swedish languages, each text being equally authentic, the original is stored on the Secretary-General of the Council of the European Union, which shall send a certified copy to each Member State. Annex in accordance with article 2 of other serious international crime list with which Europol could deal in addition to article 2, paragraph 2 of the mentioned criminal offences in accordance with article 2 (1) Europol's objectives referred to crimes against life, limb or personal freedom:-murder, grievous bodily injury, human organs and tissue an illegal trade, kidnapping, illegal detention and hostage taking, racism and xenophobia offences against property or public property including: fraud, organised robbery — cultural goods, including antiques and works of art, illegal movement of fraud and racketeering, extortion, counterfeiting and pirated production — — administrative document fraud and their movement — the money and means of payment, computer crime, counterfeiting, corruption illegal trading and harm to the environment: weapons, ammunition and explosives, illegal movement of threatened animal species — the illicit movement of endangered plant species and varieties illegal movement, criminal offences against the environment, hormones and other growth promoters, moreover, illegal movement in accordance with article 2, paragraph 2 of the Act by which the entrusted to Europol to deal with any of the above offences, indicates that the competence of Europol are also related to illegally acquired money laundering and related criminal offences. With regard to article 2, paragraph 2 of the criminal offence referred to in the ways for the purposes of this Convention:-"in nuclear materials and radioactive substances related crime" is a criminal offence that is mentioned in the Convention on the physical protection of nuclear material in article 7(1), which signed in Vienna and New York on March 3, 1980 and refers to the nuclear and/or radioactive substances identified in the Euratom Treaty and in article 197 of 15 July 1980 of Directive 80/836 , Euratom; "the illegal immigrant smuggling" means activities that are intentionally designed to promote financial benefits owing to the entry into, residence or employment in the territory of the Member States of the European Union Member States in breach of the terms and conditions applied, "human trafficking" is a person's exposure to the real and illegal sway of other persons by using violence or threats or abusing their position or to use prostitution, sexual exploitation of minors or sexual abuse against minors or trade in abandoned children — "with the vehicle related crime" of vehicles, trucks, semi-trailers, truck or semi-trailer loads, buses, motorcycles, caravans and agricultural machinery, construction machinery, and parts of such vehicles theft or embezzlement, as well as the following items and hide, "illegal" money laundering is a criminal offence listed in the Council of Europe Convention on laundering, search, seizure and confiscation of article 6, paragraphs 1 to 3 signed on 8 November 1990 in Strasbourg; Article 2 and referred to in this annex are the types of criminal offences be assessed from a competent national authority, in accordance with the laws of the Member States in which they operate.

Protocol on the Convention on the establishment of a European Police Office interpretation by the European Court of Justice with the previous ruling, which is based on the Treaty on European Union (K) article 3 the High Contracting Parties have agreed upon the following provisions, which are annexed to the Convention: article 1 in accordance with the provisions of this Protocol of the Court of Justice of the European Communities shall have jurisdiction to give preliminary rulings on the Convention on the establishment of a European Police Office , hereinafter referred to as the Europol Convention, interpretation. 2. Article 1 of the Declaration Submitted at the time of signature of this Protocol or at any time thereafter, any Member State may recognise the jurisdiction of the Court of Justice of the European communities to give the previous rulings on the interpretation of the Europol Convention in accordance with paragraph 2 (a)) or (b)). 2. a Member State which makes a declaration in accordance with paragraph 1 may provide that: (a) this State) of each court or tribunal whose rulings in accordance with the laws of this State may not be appealed, is entitled to ask the Court of Justice of the European communities to give a preliminary ruling on a question arising in this Court or a Tribunal case and the case concerns the interpretation of the Europol Convention if that court or Tribunal considers the need to take a decision on this issue to make it possible to build judgment; or (b)) each this country's Court or Tribunal is entitled to ask the Court of Justice of the European communities to give a preliminary ruling on a question arising in this Court or a Tribunal case and the case concerns the interpretation of the Europol Convention if that court or Tribunal considers it necessary to take a decision on this issue to make it possible to build judgment. 1. Article 3 shall apply to the Court for the Protocol on the Statute of the Court of Justice of the European communities and its rules of procedure. 2. in accordance with the European The Statute of the Court of Justice in each Member State, whether or not it is made a declaration in accordance with article 2, is entitled to submit to the Court of Justice of the European communities statements in connection with the case or written opinions in cases arising under article 1. 1. Article 4 of this Protocol, Member States should be adopted in accordance with their respective constitutional requirements. 2. Member States shall notify the depositary of the adoption of this Protocol according to the respective constitutional requirements, and shall send it any declaration pursuant to article 2. 3. this Protocol shall enter into force 90 days after the notification provided for in paragraph 2 shall be submitted by the last Member State which, being a Member State of the European Union on the date on which the Council has adopted legislation on the adoption of this Protocol, is to fulfil this formality. However, the Protocol can enter into force at the earliest simultaneously with the Europol Convention into force. 5. Article 1 of this Protocol may accede to each State which becomes a Member State of the European Union. 2. instruments of accession shall be deposited with the depositary. 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. this Protocol in each country where it joins, shall enter into force 90 days after it is submitted, the instrument of accession or on the date of entry into force of this Protocol if it has not entered into force after expiry of the 90 days. Article 6 each State which becomes a member of the European Union and accedes to the Europol Convention in accordance with article 46 of the Convention accepts the provisions of this Protocol. 1. Article 7 each Member State, being a high contracting party is entitled to propose amendments to this Protocol. All proposals for amendments are sent to the depositary, which shall transmit it to the Council. 2. Amendments to the Development Board, which recommends to the Member States for adoption in accordance with their respective constitutional requirements. 3. In this way developed amendments enter into force in accordance with the provisions of article 4. 8. Article 1. 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 communities, applications, documents, or statements concerning this Protocol. Signed in a single original in the Danish, Dutch, English, Finnish, French, German, Greek, Irish, Italian, Portuguese, Spanish and Swedish languages, each text being equally authentic.
Protocol for Europol, the members of the institutions, a Deputy Director of Europol and the privileges and immunities of staff, based on the Treaty on European Union, Article K3 of the Europol Convention and article 41, paragraph 3 of this Protocol, the High Contracting Parties, Member States of the European Union RELYING on 19 June 1997 the Council Act, believing that, in accordance with the Convention on the establishment of a European Police Office, which is based on the Treaty on European Union, Article K.3 (Europol Convention) Article 41, paragraph 1, Europol, the members of the institutions, and a Deputy Director of Europol employees must enjoyed their tasks necessary privileges and immunities provided for in the Protocol that are defined in the rules that are followed in all Member States, have agreed as follows: article 1 definitions for the purposes of this Protocol: (a) ' Convention ' means the Convention on the establishment of a European Police Office, which is based on the Treaty on European Union, Article K.3 (Europol Convention); (b) ' Europol ' means the European Police Office; (c) ' Europol ' means the body referred to in article 28 of the Convention, the Management Board, article 35 of the Convention referred to in paragraph 7, the financial controller and article 35 of the Convention referred to in paragraph 8 of the Financial Committee; (d) ' Board ' means the conventions referred to in article 28 of the Management Board; (e) ' Director ' means the conventions referred to in article 29 of the Europol Director; (f) ' staff ' means the conventions referred to in article 30 of the Europol Director, the Deputy Directors and the employees, excluding local staff, as referred to in article 3 of the Statute of the staff; (g) ' archives of Europol ' means all records, correspondence, documents, manuscripts, computerized data and intermediary data, photographs, films, videos and sound recordings owned by Europol or any of its staff member or is in possession of it, and any other similar material which in accordance with the unanimous opinion of the Board and of the Director of Europol is part of the archive. 2. Article immunity against judicial process, search, seizure, requisition, confiscation and any other form of intervention 1. Europol shall have immunity against trial for 38 of the Convention referred to in paragraph 1 of article responsibility for unauthorised or incorrect data processing. 2. Europol's property, funds and assets, no matter which Member State they are in and how possession, are immune from search, seizure, requisition, confiscation and any other form of intervention. 3. Article Archives Archives Europol immunity, no matter which Member State they are in and how possession, shall be inviolable. Article 4 exemption from taxes and duties 1. Their service within Europol, it means, income and other property shall be exempt from all direct taxes. 2. Europol are exempt from indirect taxes and duties, which included the movable and immovable property and services, that Europol will obtain their own professional duties and which involve a significant expenditure. This exemption can be realized with the help of repayment. 3. Europol shall not be entitled to sell or otherwise dispose of the goods it purchased under this article to the exemption from value added tax or excise duties, except in accordance with the terms agreed with the Member State which has granted the exemption. 4. Exemption from taxes and duties do not apply to special services. Article 5 financial independence from restrictions without being subject to any financial controls, regulations, notification requirements on financial transactions or moratorium of any kind, Europol may, in its discretion: (a) through unauthorized channels to buy any currency, keep it and use it in possession; (b) to operate with accounts in all currencies. Article 6 facilities and immunities in respect of communication Member States shall permit Europol staff for the purposes of duties of make communications without specific permission and protects the right of Europol to free communication. Europol shall be entitled to use codes and to send and receive official correspondence and other official shipments by courier or in sealed bags, which shall have the same privileges and immunities as diplomatic couriers and parcels. 2. in so far as it is compatible with the 6 November 1982 the international telecommunications Convention, Europol is entitled, for the purposes of its official communications enjoy the same treatment, some Member States are showing any international organization or Government, including diplomatic missions in those countries, for mailing, kablogramm, Telegraph, telex, radio, television, telephone, fax, satellite, or other means of communication priorities. Article 7 Entry, residence and departure if necessary, Member States shall facilitate the person referred to in article 8, the entry, stay and departure of duties of the position. This does not preclude the request to provide substantiated evidence that the persons provided for in this article shall require the implementation of the provisions referred to in article 8 include categories. Article 8 authority of Europol and staff members of the privileges and immunities of Europol, the members of the institution 1 and staff enjoy the following immunities: (a) without prejudice to article 32 of the Convention and article 40, paragraph 3, in so far as it is applicable, immunity from legal process of any kind about this person, oral or written statements, and actions associated with this person for the exercise of functions, and this immunity also remain If that person is no longer a member of the institution of Europol or staff members; (b) all of the person's official reports, documents and other official materials. 2. Europol staff salaries and remuneration are taxed for the benefit of Europol, as established in article 10, is exempt from income tax in respect of Europol paid wages and salaries. However, such salaries and wages can be taken into account in determining taxable income from other sources. This paragraph shall not apply to pensions and annuities, which are paid to former staff members of Europol and their dependants. 3. Europol personnel are applied to the Protocol on the privileges and immunities of the European communities, the provisions of article 14. Article 9 exceptions to the immunity referred to in article 8 persons granted immunity does not apply to third party civil action for damages, including compensation due to permanent disability or death, which is due to a road traffic accident, which was caused by a person referred to in article 8. Article 10 taxes 1. Europol and the Council laid down harmonised rules and Europol and with administration set the agenda agreed to staff members of Europol Europol received salary and remuneration, which are recruited to time that is not less than one year are taxed for the benefit of Europol. 2. each year the Member States shall receive the information referred to in this article shall be staff members of Europol, as well as the names and addresses of persons who have concluded contracts with Europol. Europol will each year send to each Member of the staff of the certificate referred to in the common reference year Europol paid gross and net amount of remuneration, including data on the cost and nature of it and the amounts withheld. 3. This paragraph does not apply to pensions and annuities, which are paid to former staff members of Europol and their dependants. Article 11 personal protection if requested by the Director of Europol, Member States shall, in accordance with its legislation take all reasonable steps to ensure the required of the persons referred to in this Protocol, security and protection, if the safety is at risk because of their activities in Europol. Article 12 immunity 1. Privileges and immunities, which are assigned in accordance with the provisions of this Protocol shall be determined in the interests of Europol, rather than their personal gain. Europol and the obligation of persons who enjoy these privileges and immunities to respect the laws and regulations of the Member States. 2. The Director is obliged to cancel the Europol and the Europol staff members any immunity in cases where it could interfere with the trial judge and when it can be waived without prejudice to the interests of Europol. With respect to the Director, financial controller and Financial Committee members following the immunity is the responsibility of the Council. The immunity of members of the Council are the competence of the Member States concerned. 3. If article 2 is hereby referred to in paragraph 2, the Member States of the Europol immunity of officials of the Court of Justice of the requested search and removal takes place in the Director or his authorized person in the presence and under the rules of confidentiality laid down in the Convention or on the basis of the Convention. 4. Europol shall cooperate in all cases with the relevant authorities of the Member States to facilitate the proper administration of Justice, and prevent abuse of the privilege referred to in this Protocol, and immunity. 5. If the competent institution of a Member State or the judicial authority considers that there has been abuse of the privilege referred to in this Protocol or use immunity, the body which, in accordance with paragraph 2 is responsible for immunity, upon request, consult with the relevant authorities to determine whether such an abuse has occurred. If in the course of such consultations had failed to reach an outcome acceptable to both sides, the matter shall be dealt with in accordance with the procedure laid down in article 13. Article 13 dispute settlement 1. disputes arising from refusal to annul Europol or the immunities of the person, which it enjoys under article 8, paragraph 1, the Council of the European Union in accordance with the procedure laid down in Title VI of the Treaty on European Union, with the objective of resolving such disputes. 2. If the dispute is not resolved, the Council of the European Union to adopt a unanimous decision on the ways in which these disputes are resolved. Article 14 reservations to this Protocol is not permissible reservations. Article 15 entry into force 1 this Protocol for the Member States to lay down, in accordance with their respective constitutional requirements. 2. Member States shall notify the depositary of the adoption of this Protocol, the required constitutional procedures. 3. this Protocol shall enter into force on the first day of the second month after the notification referred to in paragraph 2 shall be submitted by the last Member State which, being a Member State of the European Union on the date on which the European Union adopted by the Council on the adoption of this Protocol is to fulfil this formality. Article 16 accession 1 this Protocol may accede to each State which becomes a Member State of the European Union. 2. the documents of accession shall be submitted to the depositary. 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. this Protocol in each country where it joins, shall enter into force ninety days after it is submitted, the instrument of accession or on the date of entry into force of this Protocol if it has not entered into force ninety days after the said deadline. 17. Article 1 of the Evaluation, two years after the date of entry into force of the present Protocol, it is evaluated by the Board of management supervision. 2. the immunity, in accordance with article 8, paragraph 1 (a)) is granted only for the operation of the service, which did not need due to the 26 July 1995 signed the Convention in the version of article 3. Before the amendment of the Convention referred to in article 3 in the task list or expansion is performed before the inspection in accordance with paragraph 1, in particular on article 8, paragraph 1 (a)) and article 13. Article 18 Amendment 1. each Member State, being a high contracting party is entitled to propose amendments to this Protocol. All proposals for amendments are sent to the depositary, which shall transmit it to the Council of the European Union. 2. the amendments drawn up by the Council of the European Union, which recommends to the Member States for adoption in accordance with their respective constitutional requirements. 3. In this way developed amendments enter into force in accordance with the provisions of article 15. 4. the Secretary-General of the Council of the European Union shall notify all the Member States, the date on which the amendment enters into force. Article 19 depositary 1. 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 communities, applications, documents, or statements concerning this Protocol. In witness whereof, the undersigned representatives have signed this Protocol. Signed in Brussels, one thousand nine hundred and ninety-seventh nineteenth day of June in the year one copy in the Danish, Dutch, English, Finnish, French, German, Greek, Irish, Italian, Portuguese, Spanish and Swedish languages. All texts being equally authentic, and each such original being deposited with the Secretary-General of the Council of the European Union archives.