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 laid
down in this Convention should not affect other forms of
bilateral or multilateral cooperation;
CONVINCED that in the field of police co-operation,
particular attention must be paid to the protection of the
rights of individuals, and in particular to the protection of
their personal data;
WHEREAS the activities of Europol under this Convention
are 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 types of cooperation enabling each of them to
perform their respective tasks as effectively as
possible,
HAVE AGREED as follows:
Title I: Establishment and
Tasks
Article 1: Establishment
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 liaise with a single national unit in
each Member State, to be established or designated in
accordance with Article 4.
Article 2: Objective
1. The objective of Europol shall be, within the
framework of cooperation between the Member States pursuant to
Article K.1(9) of the Treaty on European Union, to improve, by
means of the measures referred to in this Convention, the
effectiveness and cooperation of the competent authorities in
the Member States in preventing and combating terrorism,
unlawful drug trafficking and other serious forms of
international crime where there are factual indications that an
organized criminal structure is involved and two or more Member
States are affected by the forms of crime in question in such a
way as to require a common approach by the Member States owing
to the scale, significance and consequences of the offences
concerned.
2. In order to achieve progressively the objective
mentioned in 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 beings 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 life, limb, personal freedom or property.
The Council, acting unanimously in accordance with the
procedure laid down in Title VI of the Treaty on European
Union, may decide to instruct Europol to deal with such
terrorist activities before that period has expired.
The Council, acting unanimously in accordance with the
procedure laid 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
manifestations thereof. Before acting, the Council shall
instruct the Management Board to prepare its decision and in
particular to set out the budgetary and staffing implications
for Europol.
3. Europol's competence as regards a form of crime or
specific manifestations thereof shall cover both:
1) illegal money-laundering activities in connection
with these forms of crime or specific manifestations
thereof;
2) related criminal offences.
The following shall be regarded as related and shall be
taken into account in accordance with the procedures set out in
Articles 8 and 10:
• criminal offences committed in order to procure the
means for perpetrating acts within the sphere of competence of
Europol;
• criminal offences committed in order to facilitate or
carry out acts within the sphere of competence of
Europol;
• criminal offences committed to ensure the impunity of
acts within the sphere of competence of Europol.
4. For the purposes of this Convention, "competent
authorities" means all public bodies existing in the Member
States which are responsible under national law for preventing
and combating criminal offences.
5. For the purposes of paragraphs 1 and 2, "unlawful
drug trafficking" means the criminal offences listed in Article
3(1) of the United Nations Convention of 20 December 1988
against Illicit Traffic in Narcotic Drugs and Psychotropic
Substances and in the provisions amending or replacing that
Convention.
Article 3: Tasks
1. In the framework of its objective pursuant to
Article 2(1), Europol shall have the following principal
tasks:
1) to facilitate the exchange of information between
the Member States;
2) to obtain, collate and analyse information and
intelligence;
3) to notify the competent authorities of the Member
States without delay via the national units referred to in
Article 4 of information concerning them and of any connections
identified between criminal offences;
4) to aid investigations in the Member States by
forwarding all relevant information to the national
units;
5) to maintain a computerized system of collected
information containing data in accordance with Articles 8, 10
and 11.
2. In order to improve the cooperation and
effectiveness of the competent authorities in the Member States
through 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 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) to prepare general situation reports.
3. In the context of its objective under Article 2(1)
Europol may, in addition, in accordance with its staffing and
the budgetary resources at its disposal and within the limits
set by the Management Board, assist Member States through
advice and research in the following areas:
1) training of members of their competent
authorities;
2) organization and equipment of those
authorities;
3) crime prevention methods;
4) technical and forensic police methods and
investigative procedures.
Article 4: National Units
1. Each Member State shall establish or designate a
national unit to carry out the tasks listed in this
Article.
2. The national unit shall be the only liaison body
between Europol and the competent national authorities.
Relationships between the national unit and the competent
authorities shall be governed by national law, and, in
particular the relevant national constitutional
requirements.
3. Member States shall take the necessary measures to
ensure that the national units are able to fulfil their tasks
and, in particular, have access to relevant national
data.
4. It shall be the task of the national units
to:
1) supply Europol on their own initiative with the
information and intelligence necessary for it to carry out its
tasks;
2) respond to Europol's requests for information,
intelligence and advice;
3) keep information and intelligence up to
date;
4) evaluate information and intelligence in accordance
with national law for the competent authorities and 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) ensure compliance with the law in every exchange of
information between themselves and Europol.
5. Without prejudice to the exercise of the
responsibilities incumbent upon Member States as set out in
Article K.2(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 individuals;
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 national units shall meet as necessary
to assist Europol by giving advice.
Article 5: Liaison Officers
1. Each national unit shall second at least one liaison
officer to Europol. The number of liaison officers who may be
sent by Member States to Europol shall be laid down by
unanimous decision of the Management Board; the decision may be
altered at any time by unanimous decision of the Management
Board. Except as otherwise stipulated in specific provisions of
this Convention, liaison officers shall be subject to the
national law of the seconding Member State.
2. The liaison officers shall be instructed by their
national units to represent the interests of the latter within
Europol in accordance with the national law of the seconding
Member State and in compliance with the provisions applicable
to the administration of Europol.
3. Without prejudice to Article 4(4) and (5), the
liaison officers shall, within the framework of the objective
laid 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 analysis of
the information concerning the seconding Member
State.
4. At the same time, the liaison officers shall assist
in the exchange of information from their national units and
the coordination of the resulting measures in accordance with
their national law and within the framework of the objective
laid down in Article 2(1).
5. To the extent necessary for the performance of the
tasks under paragraph 3 above, the liaison officers shall have
the right to consult the various files in accordance with the
appropriate provisions specified in the relevant
Articles.
6. Article 25 shall apply mutatis mutandis to the
activity of the liaison officers.
7. Without prejudice to the other provisions of this
Convention, the rights and obligations of liaison officers in
relation to Europol shall be determined unanimously by the
Management Board.
8. Liaison officers shall enjoy the privileges and
immunities necessary for the performance of their tasks in
accordance with Article 41(2).
9. Europol shall provide Member States free of charge
with the necessary premises in the Europol building for the
activity of their liaison officers. All other costs which arise
in connection with seconding liaison officers shall be borne by
the seconding Member State; this shall also apply to the costs
of equipment for liaison officers, to the extent 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
1. Europol shall maintain a 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) work files as referred to in Article 10 established
for variable periods of time for the purposes of analysis and
containing comprehensive information and
3) an index system containing certain particulars from
the analysis files referred to in point 2, in accordance with
the arrangements laid down in Article 11.
2. The computerized system of collected information
operated by Europol must under no circumstances be linked to
other automated processing systems, except for the automated
processing systems of the national units.
Title II: Information
System
Article 7: 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 liaison officers, 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 data, shall be directly
accessible for consultation by national units, liaison
officers, the Director, the Deputy Directors 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 liaison
officers.
2. Europol shall:
1) have the task of ensuring compliance with the
provisions governing cooperation on and operation of the
information system, and
2) be responsible for the proper working of the
information system in technical and operational respects.
Europol shall in particular take all necessary measures to
ensure that the measures referred to in 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 measures
referred to in Article 25 in respect of the data-processing
equipment used within the territory of the Member State in
question, for the review in accordance with Article 21 and,
insofar as required under the laws, regulations, administrative
provisions and procedures of that Member State, for the proper
implementation of this Convention in other respects.
Article 8: Content of the Information
System
1. The information system may be used to store, modify
and utilize only the data necessary for the performance of
Europol's tasks, with the exception of data concerning related
criminal offences as referred to in the second subparagraph of
Article 2(3). Data entered shall relate to:
1) persons who, in accordance with the national law of
the Member State concerned, are suspected of having committed
or having taken part in a criminal offence for which Europol is
competent under Article 2 or who have been convicted of such an
offence;
2) persons who there are serious grounds under national
law for believing will commit criminal offences for which
Europol is competent under Article 2.
2. Personal data as 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 necessary, other characteristics likely to
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
utilize the following details concerning the persons referred
to in paragraph 1:
1) criminal offences, alleged crimes and when and where
they were committed;
2) means which were or may be used to commit the
crimes;
3) departments handling the case and their filing
references;
4) suspected membership of a criminal
organization;
5) convictions, where they relate to criminal offences
for which Europol is competent under Article 2.
These data may also be input when they do not yet
contain any references to persons. Where Europol inputs the
data itself, as well as giving its filing reference it shall
also indicate whether the data were provided by a third party
or are the result of its own analyses.
4. Additional information held by Europol or national
units concerning the groups of persons referred to in paragraph
1 may be communicated to any national unit or Europol should
either so request. National units shall do so in compliance
with their national law.
Where the additional information concerns one or more
related criminal offences as 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
offences.
5. If proceedings against the person concerned are
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, liaison officers, and the
Director, Deputy Directors 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 necessary for the performance of
Europol's tasks in a particular case; retrieval shall be
effected in accordance with the laws, regulations,
administrative provisions and procedures of the retrieving
unit, subject to any additional provisions contained 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 examine such notification
without delay and if necessary modify, supplement, correct or
delete the data immediately. Where the system contains data as
referred to in Article 8(3) concerning a person any unit may
enter additional data 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 has input on a person and where data
as referred to in Article 8(3) are held on the same person but
input by other units, responsibility in terms of data
protection legislation pursuant to Article 15(1) and the right
to modify, supplement, correct and delete such data pursuant to
Article 8(2) shall be transferred to the next unit to have
entered data as referred to in Article 8(3) on that 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 governed by
national law.
Title III: Work Files for the Purposes of
Analysis
Article 10: Collection, Processing and
Utilization of Personal Data
1. Where this is necessary to achieve the objective
laid down in Article 2(1), Europol, in addition to data of a
non-personal nature, may store, modify, and utilize in other
files data on criminal offences for which Europol is competent
under Article 2(2), including data on the related criminal
offences provided for in the second subparagraph of Article
2(3) which are intended for specific analyses, and
concerning:
1) persons as referred to in Article 8(1);
2) persons who might be called on to testify in
investigations in connection with the offences under
consideration or in subsequent criminal proceedings;
3) persons who have been the victims of one of the
offences under consideration or with regard to whom certain
facts give reason for believing that they could be the victims
of such an offence;
4) contacts and associates, and
5) persons who can provide information on the criminal
offences under consideration.
The collection, storage and processing of the data
listed in the first sentence of Article 6 of the Council of
Europe Convention of 28 January 1981 with regard to Automatic
Processing of Personal Data shall not be permitted unless
strictly necessary for the purposes of the file concerned and
unless such data supplement 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 sentence of Article 6 of the Council of Europe Convention
of 28 January 1981 in breach of the aforementioned rules with
regard to purpose.
The Council, acting unanimously, in accordance with the
procedure laid down in Title VI of the Treaty on European
Union, shall adopt implementing rules for data files prepared
by the Management Board containing additional details, in
particular with regard to the categories of personal data
referred to in this Article and the provisions concerning the
security of the data concerned and the internal supervision of
their use.
2. Such files shall be opened for the purposes 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
accordance with the tasks defined in Article 3(1) and (2) and
Article 5(3):
1) analysts and other Europol officials designated by
the Europol Directorate: only analysts shall be authorized to
enter data into and retrieve data from the file
concerned;
2) the liaison officers 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 purposes of preventing, analysing or
combating offences 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, whether via the liaison
officers concerned or not.
4. If, in addition to the data referred to in paragraph
3, it would seem justified for Europol to have 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 Treaties 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 organizations and their subordinate
bodies governed by 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 accordance with the procedure laid 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
Conventions to gain computerized access to data from other
information systems, Europol may retrieve personal data by such
means if this is necessary for the performance of its tasks
pursuant to Article 3(1), point 2.
6. If an analysis is of a general nature and of a
strategic type, all Member States, through liaison officers
and/or experts, shall be fully associated in the findings
thereof, in particular through the communication of 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 shall
participate therein:
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 assert that need to
know under the conditions laid down in paragraph 7.
7. The need to be informed may be claimed by authorized
liaison officers. Each Member State shall nominate and
authorize a limited number of such liaison officers. It shall
forward the list thereof to the Management Board.
A liaison 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 subordinate
in his Member State 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
conciliation procedure, which may comprise three stages as
follows:
1) the participants in the analysis shall endeavour to
reach agreement with the liaison officer claiming the need to
be informed; they shall have no more than eight days for that
purpose;
2) if no agreement is reached, the heads of the
national units concerned and the Directorate of Europol shall
meet within three days;
3) if the disagreement persists, the representatives of
the parties concerned on the Management Board shall meet within
eight days. If the Member State concerned does not waive its
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 its
sensitivity and variations thereof. Any dissemination or
operational use of analysis data shall be decided on in
consultation with the participants in the analysis. A Member
State joining an analysis in progress may not, in particular,
disseminate 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 Directors and duly empowered
officials of Europol and liaison officers shall have the right
to consult the index system. The index system shall be such
that it is clear to the liaison 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 liaison officers shall be defined in such a
way that it is possible to determine whether 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 sentence of Article 6 of the Council
of Europe Convention of 28 January 1981 which are strictly
necessary;
5) the type of personal data used to open the
file;
6) the supply or input of the data to be
stored;
7) the conditions under which the personal data stored
in the file may be communicated, to which recipients and under
what procedure;
8) the time-limits for 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 deems
necessary to the Management Board.
2. If the urgency of the matter is such as to preclude
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 pursuant to paragraph 1 shall then be
set in motion without delay and completed as soon as
possible.
Title IV: Common Provisions on Information
Processing
Article 13: Duty to Notify
Europol shall promptly notify the national units and
also their liaison officers if the national units so request,
of any information concerning their Member State and of
connections identified between criminal offences for which
Europol is competent under Article 2. Information and
intelligence concerning other serious criminal offences, of
which Europol becomes aware in the course of its duties, may
also be communicated.
Article 14: 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 necessary measures in relation
to the processing of personal data in data files in the
framework of this Convention to ensure a standard of data
protection which at least corresponds to the standard resulting
from the implementation of the principles of the Council of
Europe Convention of 28 January 1981, and, in doing so, shall
take account of Recommendation No R(87) 15 of the Committee of
Ministers 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
laid 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
Recommendation No R(87) 15 of the Committee of Ministers 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
structured set of personal data accessible in accordance with
specific criteria.
Article 15: Responsibility in Data
Protection Matters
1. Subject to other provisions 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 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 other provisions in this
Convention, Europol shall be responsible for all data received
by Europol and processed by it, whether such data be in the
information system referred to in Article 8, in the data files
opened for the purposes 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 or third party the data
were transmitted or whether they are the result of an analysis
by Europol.
Article 16: Provisions on the Drawing
Up of Reports
On average, Europol shall draw up reports for at least
one in ten retrievals of personal data - and for each retrieval
made within the information system referred to in Article 7 -
in order to check whether they are permissible under law. The
data contained 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: Rules on the Use of
Data
1. Personal data retrieved from the information system,
the index system or data files opened for the purposes 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 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 utilize the data referred to in paragraph 1
only for the performance of its tasks as referred to in Article
3.
2. 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) stipulates particular restrictions
on use to which such data is subject in that Member State or by
third parties, such restrictions shall also be complied with by
the user of the data except in the specific case where national
law lays down that the restrictions 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 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 purposes 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 permits.
Article 18: 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 necessary in individual cases for the
purposes of preventing or combating criminal offences for which
Europol is competent under Article 2;
2) an adequate level of data protection is ensured in
that State or that body, and
3) this is permissible under the general rules within
the meaning of paragraph 2.
2. In accordance with the procedure in Title VI of the
Treaty on European Union, and taking into account the
circumstances referred to in paragraph 3, the Council, acting
unanimously, shall determine the general rules for the
communication of personal data by Europol to the third States
and 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.
3. 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
circumstances which play a part 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 general or specific provisions applying to the
third States and third bodies within the meaning of Article
10(4).
4. If the data referred to have been communicated to
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 communication; that consent may
be withdrawn at any time.
If the data have not been communicated by a Member
State, Europol shall satisfy itself that communication of those
data is not liable to:
1) obstruct the proper performance of the tasks falling
within a Member State's sphere of competence;
2) jeopardize 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 gives an undertaking 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 permissible 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 dealt 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 accordance with the law of the Member State where the right
is claimed, taking into account the following
provisions:
Where the law of the Member State applied to provides
for a communication concerning data, such communication shall
be refused if such refusal is necessary to:
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 freedoms of third
parties,
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
accordance 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 decision to communicate such
data cannot be taken unless the Member State which entered the
data and the Member States directly concerned by 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
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 purposes 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 State 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
whether or not he is known.
5. The right to the checking of information shall be
exercised in accordance with the following
procedures:
Where the national law applicable makes no provision
for a communication concerning 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 checks and
notify the enquirer that it has done so without giving any
information which might reveal to him whether or not he is
known.
6. In its reply to a request for a check or for access
to 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 no response to his request
within the time-limits laid down in this Article.
7. If the enquirer lodges an appeal to the joint
supervisory body provided for in Article 24, the appeal shall
be examined by that body.
Where the appeal relates to a communication concerning
data entered by a Member State in the information system, the
joint supervisory body shall take its decision in accordance
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 the competent judicial
body in the Member State which was the source of the data.
Either national body shall make the necessary checks, in
particular to establish whether the decision to refuse was
taken in accordance 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.
Where the appeal relates to a communication concerning
data entered by Europol in the information system or data
stored in the work files for the purposes of analysis, the
joint supervisory body, in the event of persistent objections
from Europol or a Member State, may not overrule such
objections unless by a majority of two-thirds 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 whether or not
he is known.
Where the appeal concerns the checking of data entered
by a Member State in the information system, the joint
supervisory body shall ensure that the necessary checks have
been carried 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 whether or not he is
known.
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 purposes of analysis, the joint supervisory
body shall ensure that the necessary checks have been carried
out 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 whether or not he is
known.
8. The above provisions shall apply mutatis mutandis to
non-automated data held by Europol in the form of data files,
i.e. any structured set of personal data accessible in
accordance with specific criteria.
Article 20: Correction and Deletion of
Data
1. If it emerges that data held by Europol which have
been communicated to it by third States or third bodies or
which are the result of its own analyses are incorrect or that
their input or storage contravenes this Convention, Europol
shall correct or delete such data.
2. If data that are incorrect or that contravene 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 provisions of this
Convention or if they result from their being entered, taken
over or stored in an incorrect manner or in breach of the
provisions 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 are recipients 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 no 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 necessary for the performance of its tasks. The
need for continued storage shall be reviewed no 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 limits for
reviewing the storage of data.
2. During the review, the units referred to in the
third and fourth sentences of paragraph 1 above may decide on
continued storage of data until the next review if this is
still necessary for the performance of Europol's tasks. If no
decision is taken on the continued storage of data, those data
shall automatically be deleted.
3. Storage of personal data relating to individuals as
referred to in point 1 of the first subparagraph of Article
10(1) may not exceed a total of 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 occurs. The
need for continued storage shall be reviewed annually and the
review documented.
4. Where a Member State deletes from its national data
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 occur 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
1. If it emerges that an entire paper file or data
included in that file held by Europol are no longer necessary
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 legitimate interests of the data subject
would otherwise be prejudiced. In such cases, the paper file
must bear the same note prohibiting all use.
2. If it emerges that data contained 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-a-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 designate a national
supervisory body, the task of which shall be to monitor
independently, in accordance with its respective national law,
the permissibility of the input, the retrieval and any
communication to Europol of personal data by the Member State
concerned and to examine whether this violates the rights of
the data subject. For this purpose, the supervisory body shall
have access at the national unit or at the liaison officers'
premises to the data entered by the Member State in the
information system and in the index system in accordance with
the relevant national procedures.
For their supervisory purposes, national supervisory
bodies shall have access to the offices and documents of their
respective liaison officers at Europol.
In addition, in accordance with the relevant national
procedures, the national supervisory bodies shall supervise the
activities of national units under Article 4(4) and the
activities of liaison officers 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 ensure that the entry or
communication of data concerning him to Europol in any form and
the consultation of the data by the Member State concerned are
lawful.
This right shall be exercised in accordance with the
national law of the Member State to the national supervisory
body of which the request is made.
Article 24: Joint Supervisory
Body
1. An independent joint supervisory body shall be set
up, which shall have the task of reviewing, in accordance with
this Convention, the activities of Europol in order to ensure
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 alternates) of each of the national supervisory
bodies guaranteed to be independent and having the necessary
abilities, and appointed for five years by each Member State.
Each delegation shall be entitled to one vote.
The joint supervisory body shall appoint 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
premises.
3) carry out the joint supervisory body's decisions on
appeals in accordance with the provisions 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 checks 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 ensure 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 violations
of the provisions of this Convention in the storage, processing
or utilization of personal data, it shall make any complaints
it deems necessary to the 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 accordance with the procedure
laid 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 whether or not
to publish its activity report, and, if it decides to do so,
determine how it should be published.
7. The joint supervisory body shall unanimously adopt
its rules of procedure, which shall be submitted for the
unanimous approval of the Council. 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 appeals provided for in Articles
19(7) and 20(4) by all appropriate means. Should they so
request, the parties, assisted by their advisers if they so
wish, shall be heard by the committee. The decisions 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 concerns it. Its opinion shall be annexed to 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 necessary technical and
organizational measures to ensure the implementation of this
Convention. Measures shall only be necessary where the effort
they involve is proportionate to the objective they are
designed to achieve in terms of protection.
2. In respect of automated data processing at Europol
each Member State and Europol shall implement measures designed
to:
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) ensure that persons authorized to use an automated
data processing system only have access to the data covered by
their access authorization (data access control);
6) ensure that it is possible to verify 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 reading, copying, modification
or deletion of personal data during transfers of personal data
or during transportation of data media (transport
control);
9) ensure that installed systems may, in case of
interruption, be immediately restored (recovery);
10) ensure 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 corrupted by means of a malfunctioning of the system
(integrity).
Title V: Legal Status, Organization and
Financial Provisions
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 to legal
persons under that State's law. Europol may in particular
acquire and dispose of movable or 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 States and third bodies within the
meaning of Article 10(4) the necessary confidentiality
agreements pursuant to Article 18(6) as well as other
arrangements in the framework of the rules laid down
unanimously by the Council on the basis of this Convention and
of Title VI of the Treaty on European Union.
Article 27: Organs 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 liaison officers' rights
and obligations towards Europol (Article 5);
3) shall decide unanimously on the number of liaison
officers the Member States may send to Europol (Article
5);
4) shall prepare the implementing rules governing data
files (Article 10);
5) shall take part in the adoption of rules governing
Europol's relations with third States and third bodies within
the meaning of Article 10(4) (Articles 10, 18 and
42);
6) shall unanimously decide on details concerning the
design of the index system (Article 11);
7) shall approve by a two-thirds majority orders
opening data files (Article 12);
8) may deliver opinions on the comments and reports of
the joint supervisory body (Article 24);
9) shall examine problems which the joint supervisory
body brings to is attention (Article 24(5));
10) shall decide on the details of the procedure for
checking the legal character of retrievals in the information
system (Article 16);
11) shall take part in the appointment and dismissal of
the Director and Deputy Directors (Article 29);
12) shall oversee the proper performance of the
Director's duties (Articles 7 and 29);
13) shall take part in the adoption of staff
regulations (Article 30);
14) shall take part in the preparation of agreements on
confidentiality and the adoption of provisions 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 adopt unanimously the five-year financing
plan (Article 35);
17) shall appoint unanimously the financial controller
and oversee the 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 adopt unanimously the rules for the security
clearance of Europol officials;
21) shall act by a two-thirds majority in disputes
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 provisions 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 respective
Member 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 adopt its
rules of procedure.
8. Abstentions shall not prevent the Management Board
from adopting decisions which must be taken
unanimously.
9. The Management Board shall meet at least twice a
year.
10. The Management Board shall adopt unanimously each
year:
1) a general report on Europol's activities during the
previous year;
2) a report on Europol's future activities taking into
account Member States' operational requirements and budgetary
and staffing implications for Europol.
These reports shall be submitted to the Council in
accordance with the procedure laid down in Title VI of the
Treaty on European Union.
Article 29: Director
1. Europol shall be headed by a Director appointed by
the Council, acting unanimously in accordance with the
procedure laid 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
Directors as determined by the Council and appointed for a
four-year period renewable once, in accordance with the
procedure laid down in paragraph 1. Their tasks shall be
defined 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 decisions;
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 accountable 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 Directors may be
dismissed by a decision of the Council, to be taken in
accordance with the procedure laid 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 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 objectives 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 dismiss
employees. In selecting employees, in addition to having regard
to personal suitability and professional qualifications, he
shall take into account the need to ensure the adequate
representation of nationals of all Member States and of the
official languages of the European Union.
3. Detailed arrangements shall be laid down in staff
regulations which the Council shall, after obtaining the
opinion of the Management Board, adopt unanimously in
accordance with the procedure laid down in Title VI of the
Treaty on European Union.
Article 31: Confidentiality
1. Europol and the Member States shall take appropriate
measures 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 adopt appropriate rules on confidentiality prepared
by the Management Board and submitted to the Council in
accordance with the procedure laid down in Title VI of the
Treaty on European Union.
2. Where Europol has entrusted persons with a sensitive
activity, Member States shall undertake to arrange, at the
request of the Director of Europol, for security screening of
their own nationals to be carried out in accordance with their
national provisions and to provide each other with mutual
assistance for the purpose. The relevant authority under
national provisions shall inform Europol only of the results 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 undergone security screening.
Article 32: Obligation of Discretion
and Confidentiality
1. Europol organs, their members, the Deputy Directors,
employees of Europol and liaison officers shall refrain from
any action and any expression of opinion which might be harmful
to Europol or prejudice its activities.
2. Europol organs, their members, the Deputy Directors,
employees of Europol and liaison officers, as well as any other
person under a particular obligation of discretion or
confidentiality, shall be bound not to disclose 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 insignificant 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 laid down in the first sentence shall be notified by
Europol, and a warning given of the legal consequences of any
infringement; a written record shall be drawn up of such
notification.
3. Europol organs, their members, the Deputy Directors,
employees of Europol and liaison 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 necessary measures under the
national law applicable to the body approached; such measures
may either be to adjust the procedures for giving evidence in
order to ensure the confidentiality of the information, or,
provided that the national law concerned so permits, to refuse
to make any 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 refuse to give evidence, persons 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 liaison officer
is asked to give evidence concerning information he receives
from Europol, such permission 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 involve a
Member State, 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 necessary to protect overriding 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 laid down in
paragraphs 2 and 3 as a breach of the obligations imposed by
its law on official or professional secrets or its provisions
for the protection of confidential material.
Where appropriate, each Member State shall introduce,
no later than the date of entry into force of this Convention,
the rules under national law or the provisions required to
proceed against breaches of the obligations of discretion or
confidentiality referred to in paragraphs 2 and 3. It shall
ensure that the rules and provisions 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 Management Board shall be the 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 obligations of discretion and
confidentiality.
3. The obligations laid down in this Article shall be
without prejudice to the rights of national parliaments, to
Article K.6 of the Treaty on European Union and to the general
principles applicable to relations with the European Parliament
pursuant to Title VI of the Treaty on European
Union.
Article 35: Budget
1. Estimates shall be drawn up of all of Europol's
income and expenditure including all 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 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 incidental income. Each Member
State's financial contribution 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 purposes of this paragraph, "gross national product" shall
mean gross national product as determined in accordance 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 accordance with the procedure laid down
in Title VI of the Treaty on European Union, adopt 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 implement the budget in
accordance with the financial regulation provided for in
paragraph 9.
7. Monitoring of the commitment and disbursement 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
accountable to it. The financial regulation 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
budgetary representative from each Member State. Its task shall
be to prepare for discussions on budgetary and financial
matters.
9. The Council shall, in accordance with the procedure
laid down in Title VI of the Treaty on European Union,
unanimously adopt the financial regulation, 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 financial contributions
by the Member States.
Article 36: Auditing
1. The accounts in respect of all income and
expenditure entered in the budget together with the balance
sheet showing Europol's assets and liabilities shall be subject
to an annual audit in accordance 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 provisions of the second
sentence, the term of office of the member that, after drawing
lots:
• is first, shall be two years;
• is second, 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.
3. The joint audit committee shall in accordance with
the procedure laid down in Title VI of the Treaty on European
Union submit to the Council an audit report on the annual
accounts; prior thereto the Director 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 decision on the discharge to be given to the
Director in respect of 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
laid down in the Financial Regulation.
Article 37: Headquarters
Agreement
The necessary arrangements concerning the 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 Directors, employees
and members of their families shall be laid down in a
headquarters agreement between Europol and the Kingdom of the
Netherlands to be concluded after obtaining the unanimous
approval of the Management Board.
Title VI: Liability and Legal
Protection
Article 38: Liability for Unauthorized or
Incorrect Data Processing
1. Each Member State shall be liable, in accordance
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 inaccurate
data in order to avoid its liability under its national
legislation vis-a-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 amounts 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
repayment must be referred to the Management Board, which shall
settle the matter by a two-thirds majority.
Article 39: Other 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, of its Deputy Directors or of its employees in the
performance of their duties, insofar as it may be imputed to
them and regardless of the different procedures for claiming
damages 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 disputes involving Europol's liability as referred
to in this Article shall be determined by reference to the
relevant provisions of the Brussels Convention of 27 September
1968 on Jurisdiction and the Enforcement of Judgments in Civil
and Commercial Matters, as later amended by Accession
Agreements.
Article 40: Settlement of
Disputes
1. Disputes between Member States on the interpretation
or application of this Convention shall in an initial stage be
discussed by the Council in accordance with the procedure set
out in Title VI of the Treaty on European Union with the aim of
finding a settlement.
2. When such disputes are not so settled within six
months, the Member States who are parties to the dispute shall
decide, by agreement among themselves, the modalities according
to which they shall be settled.
3. The provisions on appeals 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: Privileges and
Immunities
1. Europol, the members of its organs and the Deputy
Directors and employees of Europol shall enjoy the privileges
and immunities necessary for the performance of their tasks in
accordance 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 liaison officers
seconded from the other Member States as well as members of
their families shall enjoy those privileges and immunities
necessary for the proper performance of the tasks of the
liaison officers at Europol.
3. The Protocol referred to in paragraph 1 shall be
adopted by the Council acting unanimously in accordance with
the procedure laid down in Title VI of the Treaty on European
Union and approved by the Member States in accordance with
their respective constitutional requirements.
Title VII: Final Provisions
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 governing such relations. This
provision shall be without prejudice to Article 10(4) and (5)
and Article 18(2); exchanges of personal data shall take place
only in accordance with the provisions 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 accordance with the procedure laid down
in Title VI of the Treaty on European Union, shall draw up
rules governing the relations referred to in the first
sentence. The third sentence of paragraph 1 shall apply mutatis
mutandis.
Article 43: Amendment of the
Convention
1. In accordance with the procedure laid 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 accordance with their
respective constitutional requirements.
2. The amendments shall enter into force in accordance
with Article 45(2) of this Convention.
3. However, the Council, acting unanimously in
accordance with the procedure laid 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 definitions of
forms of crime contained in the Annex. It may in addition
decide to introduce new definitions 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 permissible 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 accordance with their respective
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) enters 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 Europol.
6. Once the Council has adopted the act drawing up this
Convention, Member States, acting either individually or in
common, shall take all preparatory measures under their
national law which are necessary for the commencement of
Europol activities.
Article 46: Accession by New Member
States
1. This Convention shall be open to accession by any
State that becomes 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 accedes 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 Plenipotentiaries
have signed this 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 life, limb or personal freedom:
• murder, grievous bodily injury
• illicit trade in human organs and tissue
• kidnapping, illegal restraint and
hostage-taking
• racism and xenophobia
Against property or public goods including
fraud:
• organized robbery
• illicit trafficking in cultural goods, including
antiquities and works of art
• swindling and fraud
• racketeering and extortion
• 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:
• illicit trafficking in arms, ammunition and
explosives
• illicit trafficking in endangered animal
species
• illicit trafficking in endangered plant species and
varieties
• environmental crime
• illicit trafficking in hormonal substances and other
growth promoters.
In addition, in accordance with Article 2(2), the act
of instructing Europol to deal with one of the forms of crime
listed above implies that it is also competent to deal with the
related money-laundering activities and the related criminal
offences.
With regard to the forms of crime listed in Article
2(2) for the purposes of this Convention:
• "crime connected with nuclear and radioactive
substances" means the criminal offences listed in Article 7(1)
of the Convention on the Physical Protection of Nuclear
Material, signed at Vienna and New York on 3 March 1980, 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 facilitate, 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 human beings" means subjection of a
person to the real and illegal sway of other persons by using
violence or menaces or by abuse of authority or intrigue with a
view to the exploitation of prostitution, forms of sexual
exploitation and assault of minors or trade in abandoned
children;
• "motor vehicle crime" means the theft or
misappropriation of motor vehicles, lorries, semi-trailers, the
loads of lorries or semi-trailers, buses, motorcycles, caravans
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 offences listed in Article 6(1) to (3) of the Council
of Europe Convention on Laundering, Search, Seizure and
Confiscation of the Proceeds 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 accordance with the national law of the Member States to
which they belong.