The Saeima has adopted and the President promulgated the following laws: for a Protocol on amendments to the Convention on the establishment of a European Police Office (Europol Convention) and the Protocol on Europol, the members of the institutions, and a Deputy Director of Europol staff privileges and immunities article 1. of 28 November 2002, a Protocol on amendments to the Convention on the establishment of a European Police Office (Europol Convention) and the Protocol on Europol, the members of the institutions, a Deputy Director of Europol and the privileges and immunities of staff (hereinafter referred to as the Protocol) with this law is adopted and approved. 2. article. The law shall enter into force on 1 May 2004. With the law put the Protocol in English, and its translation into Latvian language. 3. article. This Protocol shall enter into force on its article 4 and for the period specified in the order, and the Ministry of Foreign Affairs shall notify the newspaper "journal". The law adopted by the Parliament in 2004 on April 7. State v. President Vaira Vīķe-Freiberga in Riga 2004 April 27 PROTOCOL amending the Convention on the establishment of a European Police Office (Europol Convention) and the Protocol on the privileges and to the immunit of Europol, the members of its organs, the deputy directors and the employees of Europol the HIGH CONTRACTING parties to this Protocol and the High Contracting Parties to the Convention on the establishment of a European Police Office and to the Protocol on the privileges and to the immunit of Europol , the members of its organs, the deputy directors and the employees of Europol, Member States of the European Union, REFERRING to the Act of the Council of the European Union of 28 November 2002, whereas: (1) to article 30 Pursuan (2) (a) of the Treaty on European Union, the Council is to enable Europol to facilitat and support the preparation, and to encourag the coordination and carrying out , of specific investigative actions by the competent authorities of the Member to States, including operational actions of joint teams comprising representatives of Europol in a support capacity. (2) rules need to be put down each such participation of Europol in joint investigation teams. These rules should address the role of Europol officials in these teams, the exchange of information between Europol and the joint investigation team, as well as non-contractual liability for damage caused by Europol officials participating in these teams. (3) to article 30 Pursuan (2) (b) of the Treaty on European Union, the measure need to be adopted allowing Europol to ask the competent authorities of the Member to States to conduct investigations in specific line in the and cases. (4) the Protocol on the privileges and to the immunit of Europol, the members of its organs, the deputy directors and the employees of Europol should be amended to the effect that the immunity of Europol's staff members in respect to words spoken or written, and/or acts performed by them in the exercise of their official functions, does not extend to their activities as participants in the joint investigation teams , Have AGREED ON the FOLLOWING PROVISION: article 1 the Europol Convention is hereby amended as follows: 1. The following points shall be added to article 3 (1): ' 6. (a) support the participat in capacity in joint investigation teams, according to Article 3a; 7. the competent to ask the authorities of the Member States concerned to conduct or line of investigation in specific cases, according to Article 3b. '; 2. The following articles shall be inserted: ' Article 3a (a) Participation in joint investigation teams 1. Europol officials may participat in a support capacity in joint investigation teams, including those teams set up in accordanc with article 1 of the Framework Decision of 13 June 2002 on joint investigation teams1 or in accordanc with article 13 of the Convention of 29 May 2000 on mutual assistance in criminal matters between the Member States of the European Union as far as those teams are investigating criminal for which Europol is competent offenc under article 2. Europol officials may, within the limits provided for by the law of the Member State where the joint investigation team and operate in accordanc with the referred to in paragraph 2 through to, assist in all activities and exchange information with all members of the joint investigation team , in accordanc with paragraph 3, However, they shall not. take part in the taking of any measure of coerciv. 2. The administrative implementation of the participation of Europol officials in a joint investigation team shall be put down in between the UN through the Director of Europol and the competent authorities of the Member States of the participating in the joint investigation team, with the involvement of the National units. The rules shall be determined by each such arrangements by the Management Board of Europol acting by a majority of two thirds of its members. 3. Europol officials shall carry out their tasks under the leadership of the leader of the team, taking into account the conditions laid down in the referred to it in paragraph 2 through 4. In accordanc with the referred to in paragraphs a through 2 and 3, official of Europol may directly with the members of liais of the joint investigation team and provide members and seconded members of the joint investigation team, in accordanc with the present Convention, with information from any of the components of the computerised system of collected information referred to in article 6. In the case of direct liason, the National units of the Member States represented in the team as well as the Member States which provided the information shall at the same time be informed thereof by Europol. 5. Information obtained by a Europol official while part of a joint investigation team may, with the consent and under the responsibility of the Member State which provided the information, be included in any of the components of the computerised system under the conditions laid down in this Convention. 6. During the operations of a joint investigation team referred to in this article, Europol officials shall, with respect to the offenc committed against or by them, be subject to the national law of the Member State of operation applicable to persons with a comparabl function. (b) ' Article 3b requests made by Europol to initiat a criminal investigation 1. Members States should deal with any request from Europol to initiat, conduct investigations in a line or specific cases and should give such requests due considerations. Europol should be informed whethers the requested investigation will be initiated. 2. If the competent authorities of the Member to a State decide not to comply with a request from Europol, they shall inform Europol of their decision and of the reasons for it unless they are unable to give their reasons because: (i) to do so would harm essential national security interests; or (ii) to do so would jeopardis the success of investigations under way or the safety of the individual. 3. Replies to requests by Europol to initiat, conduct investigations in a line or specific cases as well as information to Europol about the results of investigations should be forwarded through the competent authorities in the Member to States in accordanc with the rules passed down in the Europol Convention and the relevant national legislation. 4. On the basis of a cooperation agreement to be signed with Eurojust, Europol shall, when making a request to the criminal investigations, inform the initiat Eurojust thereof. "; (c) ' article 39 a Liability with regards to Europol's participation in joint investigation teams 1. The Member State in the territory of which damage was caused by officials of Europol operating in accordanc with Article 3a in that Member State during their assistance in operational measure of shall make good such damage under the conditions applicable to damage caused by its own officials. 2. Unless otherwise agreed to by the Member State concerned, Europol shall in any sum will reimburs full it has paid to the victim or persons entitled on their behalf for damage referred to in paragraph 1. Any dispute between that Member State and Europol over the principle or amount of the repaymen must be referred to the Management Board, which shall settle the matter by a two-thirds majority. '; 3. The following points shall be inserted in article 28 (1): ' 1a. acting by a majority of IR, two thirds of its members, the rules each determin the administrative implementation of the participation of Europol officials in joint investigation teams (Article 3a (2)); '; ' 21. shall act by a two-thirds majority in the dispute between a Member State and Europol concerning the liability with regard to Europol's participation in joint investigation teams (article 39); '. Article 2 the following paragraph shall be added to article 8 of the Protocol on the privileges and to the immunit of Europol, the members of its organs, the deputy directors and the employees of Europol: ' 4. In accordanc with article 17 (2), the immunity referred to in paragraph 1 (a) shall not be granted in respect of official acts required to be undertaken in the fulfilmen of the tasks set out in Article 3a of the Convention regarding the participation of Europol officials in joint investigation teams '. Article 3 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 Secretary-General of the Council of the European Union of the completion of their constitutional requirements for adopting this Protocol. 3. This Protocol shall enter into force ninety 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 establishing this Protocol, is the last to fulfil that formality. Article 4 1 shall be. this Protocol open to accession by any State which become a member of the European Union if this Protocol has not entered into force on the date of deposit of the instrument of accession to the Europol Convention in accordanc with article 46 of the Europol Convention. 2. Instruments of accession shall be deposited to this Protocol simultaneously with the instruments of accession to the Europol Convention in accordanc with article 46 thereof. 3. The text of this Protocol in the language of the acceding State, drawn up by the Council of the European Union, shall be authentic. 4. If, on the expiry of the period referred to in article 46 (3) of the Europol Convention, this Protocol has not entered into force, it shall enter into force for the acceding Member State on the date of entry into force of this Protocol in accordanc with article 3 (3) thereof. 5. If this Protocol enter into force in accordanc with article 3 (3) before the period referred to in article 46 (3) of the Europol Convention has expired but after the deposit of the instrument of accession referred to in paragraph 2, the acceding Member State shall accede to the Europol Convention as amended by virtue of this Protocol, in accordanc with article 46 of the Europol Convention. Article 5 1. The Secretary-General of the Council of the European Union shall act as depository of this Protocol. 2. The depository shall publish in the Official Journal of the European communities information on the progress of adoption and accession and also any other notification concerning this Protocol. Done at Brussels on the twenty-/8 day of November in the year two thousand and two. _____ _____ _____ _____ 1 OJ L 162, 20.6.2002, p. 1.

The Protocol on amendments to the Convention on the establishment of a European Police Office (Europol Convention) and the Protocol on Europol, the members of the institutions, Europol Deputy Director and staff the privileges and immunities of This Protocol, the High Contracting Parties and the Convention on the establishment of a European Police Office and the Protocol on Europol, the members of the institutions, Europol Deputy Director and staff the privileges and immunities of the High Contracting Parties, Member States of the European Union, referring to the 28 November 2002 the Council of the European Union Act Considering that: (1) in accordance with the Treaty on European Union article 30 paragraph 2 (a)) the Council should ensure the right of Europol to facilitate and support the competent authorities of the Member States of investigations, including a joint group operational preparation, coordination and execution, which shall include representatives of Europol in a support capacity. (2) it is necessary to lay down rules governing Europol's participation in joint investigation teams. These rules should provide for the role of Europol officials in these groups, the exchange of information between Europol and the joint investigation teams, as well as the non-contractual liability for damage caused by running these groups of Europol officials. (3) in accordance with the Treaty on European Union article 30 paragraph 2 (b)) it is necessary to lay down rules which give the right to ask Europol to the competent authorities of the Member States shall carry out and coordinate investigations in specific cases. (4) the Protocol on Europol, the members of the institutions, a Deputy Director of Europol and staff privileges and immunities should be amended to provide that employee immunity of Europol with regard to express orally or in written statements and/or actions they have taken in the performance of their duties, does not apply to their activities in the United līdzdarbiniek the status of the investigation group, have agreed as follows: article 1 the Europol Convention is amended as follows 1. Article 3, paragraph 1 is supplemented by the following: ' 6. participate in supportive status joined investigation team, in accordance with Article 3a; 7. ask the competent authorities of the Member States concerned to conduct or coordinate investigations in specific cases, in accordance with Article 3b; 2. the following article is added: ' (a) article 3 a participation in joint investigation teams 1. Europol officials may participate in a supportive capacity in joint investigation teams at work, including the work of the group, established in accordance with the 13 June 2002 general decision on joint investigation teams 1. pantu1 or under on 29 May 2000 the European Union Convention on mutual assistance in criminal matters between Member States article 13 If this group is investigating criminal offences, which, according to article 2 of the Europol's competence. The laws of the Member State, within the limits laid down in the joint investigation team, in accordance with the procedure referred to in paragraph 2, Europol officials, in accordance with paragraph 3 shall be entitled to participate in all the activities of the joint investigation team and to exchange information with all members of this group. However, Europol officials shall not take part in any coercive measures. 2. the administrative procedures governing the participation of Europol officials in joint investigation teams at work, is determined in the agreement between the Director of Europol and the competent institutions of the Member States participating in the joint investigation team, with the involvement of the national units. The provisions of such agreements in the development of the Europol Management Board by a two-thirds majority of its members. 3. Europol officials shall fulfil its tasks under the direction of the head of the group, subject to the agreement referred to in paragraph 2. 4. Under paragraphs 2 and 3 of the Treaty referred to Europol officials are authorised to maintain direct links with the joint investigation team members and in accordance with this Convention to extend the investigation to members of the Group and sent players from any of the information referred to in article 6 of the computerised system of information collected. At the same time, direct communications maintenance cases, Europol shall inform the Member States within the Group of national units and those Member States which have provided that information. 5. Information that Europol officials, acting in the joint investigation team may, with the consent of the providing Member State and to its responsibility to include any components of the computerised system in accordance with the rules laid down in this Convention. 6. In this article the joint investigation teams during operations officials of Europol with regard to criminal offences committed against these officials or committed by these officials, the managing member shall be subject to the laws and regulations that apply to persons with comparable functions. (b) ' Article 3B Europol requests for the initiation of criminal investigation 1. Member States shall examine all the Europol requests the initiation of the investigation, or in the case of coordination and paying due attention to these requests. Europol shall be informed whether the requested investigation will be initiated. 2. If the competent institution of a Member State decides not to execute the request from Europol, they shall inform Europol of their decision and of the reasons for it, unless they can justify their decision due to the fact that: (i) the provision of such a justification would harm national security interests or (ii) the provision of such justification would harm the ongoing investigation or endanger persons. 3. Replies to requests by Europol for the initiation of an investigation, or the coordination of specific cases, as well as information to Europol about the results of the investigation must be submitted to the competent authorities of the Member States of the mediation in accordance with the Europol Convention and the relevant Member State legislation. 4. on the basis of a cooperation agreement that will be signed with Eurojust, Europol shall inform each of your request to launch a criminal investigation. '; (c) ' 39. Article responsibility in connection with Europol's participation in joint investigation teams 1. The Member State in whose territory the Europol officials working there in accordance with Article 3a, caused losses at the time of provide support, make good such losses in accordance with the rules, which are applied to the same loss caused by State officials. 2. If the Member State has not otherwise agreed, fully compensated for Europol all amounts which that country has paid to the victims or persons entitled on behalf of victims get a loss referred to in paragraph 1. All disputes between a Member State and Europol about the principles or the amount of the reimbursement shall be submitted to the Management Board, which shall act by a two-thirds majority. '; 3. Article 28, paragraph 1 is supplemented by the following: ' 1. (a). with two-thirds of their members ' majority, approve the rules governing the participation of Europol officials in joint investigation teams the administrative procedure (Article 3a (2)); '; ' 21. (a). with two-thirds majority for disputes between a Member State and Europol concerning liability because of the participation of Europol in joint investigation teams (article 39); Article 2 of the Protocol on the institutions of Europol, the members of the Europol Deputy Director and staff the privileges and immunities of article 8, the following paragraph is added: ' 4. in accordance with article 17, paragraph 2 (a) of paragraph 1) that is not granted immunity for the officers operations was required to comply with the Convention referred to in Article 3a of the tasks relating to the Europol officials participating in the joint investigation team work. ' 3. Article 1. this Protocol, Member States should adopt, in accordance with their respective constitutional requirements. 2. Member States shall notify the Secretary-General of the Council of the European Union on the adoption of this Protocol, the required constitutional procedures. 3. this Protocol shall enter into force ninety days after the notification referred to in paragraph 2 shall be submitted by the last Member State which, being a Member State of the European Union on the date on which the Council has adopted the provisions of this Protocol, is to fulfil this formality. 4. Article 1 of this Protocol may accede to each State which becomes a Member State of the European Union, if it has not yet entered into force on the date on which the Depositary Government referred to the documents of accession to the Europol Convention in accordance with its article 46. 2. the documents of accession to this Protocol are submitted together with the documents of accession to the Europol Convention in accordance with its article 46. 3. The text of the Protocol in the language of the acceding State, drawn up by the Council of the European Union, shall be authentic. 4. If this Protocol has not yet entered into force at the time when the article 46 of the Europol Convention by the deadline laid down in paragraph 4, the Member State which it accedes, shall enter into force on the date when this Protocol shall enter into force in accordance with article 3, paragraph 3. 5. If this Protocol in accordance with article 3 (3) the entry into force of the Europol Convention before the article 46, paragraph 4 of the deadline, but referred to in paragraph 2, after the accession of the Member State which accedes to the present Protocol, joins the Europol Convention, as amended by this Protocol, in accordance with article 46 of the Europol Convention. 1. Article 5, the Secretary-General of the Council of the European Union shall act as depositary of this Protocol. 2. the depositary shall publish in the official journal of the adoption of this Protocol, accession to this Protocol and any other information in the context of this Protocol. Signed in Brussels in the year two thousand and the other twenty-eighth day of November. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ OJ L 162, 20.6.2002.1, p. 1.