Select Committee on European Communities Twenty-Ninth Report



APPENDIX 3

THIRD COUNTRY RULES

EUROPOL 26[1]

RULES CONCERNING THE EXTERNAL RELATIONS OF EUROPOL WITH BODIES LINKED TO THE EUROPEAN UNION

  The Management Board of Europol,

  Having regard to Article 42(1) of the Europol Convention,

  In addition to the provisions in the Convention concerning the external relations of Europol with bodies linked to the European Union,

  Has adopted the following rules:

ARTICLE 1: DEFINITIONS

  For the purpose of these rules:

      (a)  "Convention" means the Convention based on Article K.3 of the Treaty on European Union on the establishment of a European Police Office (Europol Convention);

      (b)  "bodies linked to the European Union" means the bodies mentioned in Article 10(4), points 1 to 3 of the Convention;

      (c)  "Agreement" means an Agreement concluded in order to achieve the objectives mentioned in Article 2 of the Convention.

ARTICLE 2: AGREEMENTS

  1.  Europol may conclude Agreements with bodies linked to the European Union.

  2.  The Management Board may determine with which bodies linked to the European Union Agreements must be negotiated.

  3.  The Director of Europol shall, after prior authorization of the Management Board, enter into negotiations on such an Agreement. The Agreement can only be concluded after approval by the Management Board.

ARTICLE 3: LIAISON OFFICERS

  An Agreement is essential for the secondment of liaison officers of Europol with bodies linked to the European Union and for the secondment to Europol of liaison officers of bodies linked to the European Union. Such an Agreement shall stipulate the conditions for secondment and the powers conferred on liaison officers.

ARTICLE 4: THE RECEPTION OF HIGH-LEVEL OFFICIALS

  The Director of Europol shall regularly report to the Management Board on visits to Europol of high-level officials from bodies linked to the European Union.

ARTICLE 5: REGULAR MEETINGS

  1.  The Director of Europol may, after approval of the Management Board, establish regular meetings with bodies linked to the European Union.

  2.  Where an Agreement provides for regular meetings, the approval of the Management Board is no longer necessary.

ARTICLE 6: PROVISION OF INFORMATION TO THE MANAGEMENT BOARD

  The Director of Europol shall regularly report to the Management Board on external relations with bodies linked to the European Union.

ARTICLE 7: EXCHANGE OF INFORMATION

  1.  These rules shall be without prejudice to the rules concerning the transmission of personal data by Europol to third States and third bodies, the Regulation on confidentiality and the rules concerning the receipt of information by Europol from third States and third bodies.

  2.  (a)  For the purpose of fulfilling the objectives set out in Article 2 of the Convention, Europol may transmit non-personal data subject to the basic protection level as in Article 8(1) of the Confidentiality Regulation, if:

    —  an Agreement has been concluded for this purpose under the conditions laid down in Article 2 of these rules,

    —  in the case of particular data, the Director of Europol considers that the protection of such data is guaranteed by the European Union body.

    (b)  For the transmission of non-personal data classified as Europol level 1, 2 or 3, an Agreement is necessary. This Agreement shall take into account the provisions of the Confidentiality Regulation.

ARTICLE 8: ENTRY INTO FORCE

  These rules shall enter into force on [ . . . ].

EUROPOL 27[2]

RULES CONCERNING THE TRANSMISSION OF PERSONAL DATA BY EUROPOL TO THIRD STATES AND THIRD BODIES

  The Council of the European Union,

  Having regard to Article 18(2) of the Europol Convention,

  After preparation by the Management Board and consultation of the Joint Supervisory Body referred to in Article 24 of the Convention, taking into account the circumstances referred to in Article 18(3) of the Convention,

  In addition to the provisions in the Convention concerning transmission of information by Europol to third States and third bodies,

  Has adopted the following rules:

ARTICLE 1: DEFINITIONS

  For the purposes of these rules:

    (a)  Convention means the Convention based on Article K.3 of the Treaty on European Union on the establishment of a European Police Office (Europol Convention);

    (b)  third States means States not being Member States of the EU as referred to in Article 10(4), point 4, of the Convention;

    (c)  third bodies means the bodies referred to in Article 10(4), points 1 to 3 and 5 to 7, of the Convention;

    (d)  EU-related bodies means the bodies referred to in Article 10(4), points 1 to 3, of the Convention;

    (e)  non-EU-related bodies means the bodies referred to in Article 10(4), points 5 to 7, of the Convention;

    (f)  agreement means an agreement as referred to in Article 3;

    (g)  personal data means any information relating to an identified or identifiable individual: an identifiable individual shall be a person whose identity can be determined, directly or indirectly, particularly through an identification number or one or more specific characteristics of his physical, physiological mental, economic, cultural or social identity;

    (h)  data processing means any operation or set of operations which is performed on personal data, whether or not by automated means, such as collection, recording, organisation, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction;

    (i)  competent authorities means the authorities referred to in Article 5(1).

ARTICLE 2: TRANSMISSION OF PERSONAL DATA

  1.  Europol may, under the conditions laid down in Article 18 of the Convention, transmit personal data to a third State or third body on the basis of any of the following:

    1.1.  an agreement between Europol and a third State or third body in accordance with Article 3;

    1.2.  exceptionally, where the Director considers transmission of the data to be absolutely necessary

      —  to safeguard the essential interests of the Member States concerned within the scope of the objectives of Europol,

      —  in the interests of preventing an imminent criminal danger.

  2.  In the application of paragraph 1, account shall be taken of the law and the administrative practice of the third State or non-EU-related body in the field of data protection, including as to the authority responsible for data-protection matters.

  3.  For the transmission of personal data classified Europol 1, 2 or 3, an agreement as referred to in Article 18(6) of the Convention is necessary; this agreement must take account of the provisions of the confidentiality regulations.

ARTICLE 3: AGREEMENTS ON TRANSMISSION OF PERSONAL DATA BY EUROPOL

  1.  Europol may make Agreements with third States and third bodies in order to fulfil the objectives laid down in Article 2 of the Convention. These Agreements must contain provisions concerning the recipient of the data, the type of data to be transmitted and the purpose for which the data are to be transmitted or used.

  2.  The Council, acting unanimously, may determine with which third States or non-EU-related bodies Agreements must be negotiated.

  The Management Board may determine with which EU-related bodies Agreements must be negotiated.

  3.  The Director of Europol shall, after obtaining the opinion of the Management Board and after prior unanimous authorisation of the Council, enter into negotiations on Agreements with third States or non-EU-related bodies. In reaching the decision on the authorisation, the Council shall take into account the criteria mentioned in Article 2(2). In addition to conditions referred to in paragraph 1, the Council may impose further conditions. Such agreements may be made only after unanimous approval by the Council. Such approval may be given only after having obtained the opinion of the Joint Supervisory Body via the Management Board. A decision of the Council may relate to one or more third States or non-EU-related bodies.

  The Director of Europol shall, after prior authorisation of the Management Board, enter into negotiations on Agreements with EU-related bodies. In addition to conditions referred to in paragraph 1, the Management Board may impose further conditions. The Agreement may be made only with the approval of the Management Board. Such approval may be given only after the Management Board has obtained the opinion of the Joint Supervisory Body.

ARTICLE 4: TRANSMISSION OF PERSONAL DATA UNDER THE AUTHORITY OF THE DIRECTOR

  The Director shall inform the Management Board and the Joint Supervisory Body of any decision to transmit personal data under Article 2(1)(1.2) and of the reasons for that decision, and on request transmit to the Management Board and the Joint Supervisory Body further information, such as the basis for his assessment that, in the circumstances of the transmission and in view of its objectives, the type of data to be transmitted and the purpose for which the data were transmitted, the level of data protection afforded by the recipient State(s) or non-EU-related body or bodies was adequate.

ARTICLE 5: COMPETENT AUTHORITIES

  1.  Transmission of personal data by Europol to third States and onward transmission within that State shall be restricted to competent authorities responsible under national law for preventing and combating criminal offences.

  2.  In negotiating agreements, Europol shall make every effort to ensure that, where possible, a third State designates one competent authority (the "initial recipient") to act as the national contact point between Europol and other competent authorities of that third State.

  3.  When transmitting personal data, Europol shall ensure that the recipient gives an undertaking that onward transmission of such data will be limited to competent authorities and take place under the same conditions as those applying to the original transmission.

  4.  Where it is not possible for a third State to designate one central competent authority to act as national contact point, Agreements may, exceptionally, provide for direct transmission of information from Europol to one or more individual competent authorities within the third State concerned.

  5.  Europol shall transmit data to a competent authority of a third State or to a third body only if that authority or body agree that it will not communicate these data to other third States or third bodies.

  6.  The competence of the data recipient in respect of preventing and combating criminal offences shall be made clear as part of any Agreement made.

ARTICLE 6: THE PURPOSE FOR WHICH THE PERSONAL DATA ARE TRANSMITTED

  1.  Requested personal data will not be transmitted if the request does not provide indications as to the purpose of and the reason for the request. The transmission of personal data revealing racial origin, political opinions or religious or other beliefs, or concerning health and sexual life as referred to in Article 8 of the Council of Europe Convention of 28 January 1981 shall be limited to absolutely necessary cases, in accordance with Article 4.

  2.  When Europol transmits personal data to a third state or third body, it must ensure that the recipient gives an undertaking that the data will be used only for the purposes for which they were communicated.

ARTICLE 7: CORRECTION AND DELETION OF PERSONAL DATA

  1.  When Europol transmits personal data to a third State or third body, it must ensure that the recipient gives an undertaking that the personal data will be corrected or deleted if it emerges that they are incorrect, inaccurate, no longer up to date or should not have been transmitted. Where Europol notes that the personal data are incorrect, inaccurate, no longer up to date, or should not have been transmitted, the recipient third State or third body must be informed thereof forthwith and shall be requested to inform Europol that the data will be corrected or deleted. The Director of Europol shall inform the Management Board on its activities in this field.

  2.  Any agreement made shall stipulate the obligation to correct or delete as referred to in paragraph 1.

  3.  When Europol transmits personal data it must ensure that the recipient gives an undertaking that the data will be deleted where they are no longer necessary for the purposes for which they were transmitted.

ARTICLE 8: LIABILITY

  An agreement made shall contain appropriate provisions on liability in the event of unauthorized or incorrect data processing.

ARTICLE 9: ENTRY INTO FORCE

  These rules shall enter into force [. . .].

EUROPOL 29[3]

DRAFT RULES CONCERNING THE EXTERNAL RELATIONS BETWEEN EUROPOL AND THIRD STATES AND BODIES NOT LINKED TO THE EUROPEAN UNION

  The Council of the European Union,

  Having regard to Article 42(2) of the Europol Convention,

  Acting unanimously in accordance with the procedure laid down in Title VI of the Treaty on European Union after having obtained the opinion of the Management Board,

  In addition to the provisions in the Convention concerning the external relations between Europol and third States and bodies not linked to the European Union,

  Taking into account its declaration upon signature with regard to Article 42 of the Convention that Europol should as a matter of priority establish relations with the competent bodies of those States with which the European Communities and their Member States have established a structured dialogue,

  Has adopted the following rules:

ARTICLE 1: DEFINITIONS

  For the purpose of these rules:

    (a)  "Convention" means the Convention based on Article K.3 of the Treaty on European Union on the establishment of a European Police Office (Europol Convention);

    (b)  "third States" means States that are not Member States of the European Union as mentioned in Article 10(4), point 4, of the Convention;

    (c)  "bodies not linked to the European Union" means the bodies mentioned in Article 10(4), points 5 to 7, of the Convention;

    (d)  "Agreement" means an Agreement concluded for the purpose of achieving the objectives referred to in Article 2 of the Convention;

    (e)  "Europol staff" means the Director, Deputy Directors and the employees of Europol as referred to in Article 30 of the Convention.

ARTICLE 2: AGREEMENTS

  1.  Europol may conclude Agreements with third States and bodies not linked to the European Union.

  2.  The Council shall determine by unanimity with which third States or bodies not linked to the European Union Agreements must be negotiated.

  3.  The Director of Europol shall, after prior consultation of the Management Board and after prior authorisation of the Council, enter into negotiations on such an Agreement. In reaching the decision on the authorisation the Council may impose conditions. Such an Agreement can only be concluded after unanimous approval by the Council.

ARTICLE 3: LIAISON OFFICERS

  An Agreement is essential for the secondment of liaison officers of Europol with third States and bodies not linked to the European Union and for the secondment to Europol of liaison officers from third States and bodies not linked to the European Union. Such an Agreement shall stipulate the conditions for secondment and the powers of the liaison officers.

ARTICLE 4: JOURNEYS ON MISSION OF EUROPOL STAFF AND THE RECEPTION OF HIGH-LEVEL OFFICIALS

  1.  The Director of Europol shall report to the Chairman of the Management Board in advance on journeys on mission made by Europol staff to third States or bodies not linked to the European Union and on visits to Europol of high-level officials from a third State or a body not linked to the European Union.

  2.  Where an Agreement has been concluded, the Management Board may decide that it is not necessary to give prior notice of journeys on mission by Europol staff to the relevant third States or bodies not linked to the European Union.

  3.  Journeys on mission by Europol staff to third States and bodies not linked to the European Union and visits to Europol by high-level officials from third States and bodies not linked to the European Union with which no Agreement has been concluded shall only take place after prior authorisation by the Chairman of the Management Board.

ARTICLE 5: REGULAR MEETINGS

  1.  The Director of Europol may, after unanimous approval of the Management Board, establish regular meetings with third States and bodies not linked to the European Union.

  2.  Where an Agreement provides for regular meetings, the approval of the Management Board is no longer necessary.

ARTICLE 6: PROVISION OF INFORMATION TO THE MANAGEMENT BOARD AND THE COUNCIL

  The Director of Europol shall regularly report to the Management Board and the Council on external relations with third States and bodies not linked to the European Union. The general report on Europol's activities (Article 28(10) of the Convention) shall cover this matter.

ARTICLE 7: PRIVILEGES AND IMMUNITIES

  An Agreement with a third State may provide for any necessary privileges and immunities for Europol, Europol staff and liaison officers sent by Europol.

ARTICLE 8: EXCHANGE OF INFORMATION

  1.  These rules shall be without prejudice to the rules concerning the transmission of personal data by Europol to third States and third bodies, the Regulation on confidentiality and the rules concerning the receipt of information by Europol from third States and third bodies.

  2.  (a)  For the purpose of fulfilling the objectives set out in Article 2 of the Convention, Europol may transmit to third States and bodies not linked to the European Union non-personal data subject to the basic protection level set in Article 8(1) of the Confidentiality Regulation, if:

    —  an Agreement has been concluded for this purpose under the conditions laid down in Article 2 of these rules,

    —  exceptionally, when the Director of Europol considers such transmission absolutely necessary to safeguard the essential interests of the Member States or to prevent an imminent criminal danger.

    (b)  For the transmission of non-personal data classified Europol level 1, 2 and 3, an Agreement is necessary. This Agreement shall take into account the provisions of the Confidentiality Regulation.

ARTICLE 9: ENTRY INTO FORCE

  These rules shall enter into force on the day following their adoption by the Council.

EUROPOL 38[4]

RULES CONCERNING THE RECEIPT OF INFORMATION BY EUROPOL FROM THIRD PARTIES

  The Council of the European Union,

  Having regard to Article 10(4) of the Europol Convention,

  After consulting the Europol Management Board,

  In addition to the provisions in the Convention concerning receipt of information by Europol from third States or third bodies,

  Has adopted the following rules:

ARTICLE 1: DEFINITIONS

  For the purpose of these rules:

    (a)  Convention means the Convention based on Article K.3 of the Treaty on European Union on the establishment of a European Police Office (Europol Convention);

    (b)  third States means States not being Member States of the EU as referred to in Article 10(4),point 4, of the Convention;

    (c)  third bodies means the bodies referred to in Article 10(4), points 1 to 3 and 5 to 7, of the Convention;

    (d)  EU-related bodies means the bodies referred to in Article 10(4), points 1 to 3 of the Convention;

    (e)  non-EU-related bodies means the bodies referred to in Article 10(4), points 5 to 7 of the Convention;

    (f)  agreement means an agreement concluded for the purpose of attaining the objectives referred to in Article 2 of the Convention;

    (g)  information means personal and non-personal data;

    (h)  personal data means any information relating to an identified or identifiable individual; an identifiable individual shall be a person whose identity can be determined, directly or indirectly, particularly through an identification number or one or more specific characteristics of his/her physical, mental, economic, cultural or social identity;

    (i)  data processing means any operation or set of operations which is performed on personal data, whether or not by automated means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction.

ARTICLE 2: AGREEMENTS

  1.  Europol may conclude agreements with third States and third bodies on the receipt of information by Europol.

  2.  The Council shall determine with which third States or non-EU-related bodies agreements are to be negotiated. Such decisions shall be taken unanimously.

  3.  The Management Board may determine with which EU-related bodies agreements are to be negotiated.

  4.  The Director of Europol shall, after prior consultation of the Management Board and after prior unanimous authorization of the Council, enter into negotiations on agreements with third States or non-EU-related bodies. Agreements can only be concluded after unanimous approval by the Council, after having obtained via the Management Board the opinion of the Joint Supervisory Body as far as it concerns the receipt of personal data.

  5.  The Director of Europol shall, after prior authorization of the Management Board, enter into negotiations on agreements with EU-related bodies, Agreements can only be concluded after approval by the Management Board, after having obtained the opinion of the Joint Supervisory Board as far as it concerns the receipt of personal data.


 ARTICLE 3: ASSESSMENT OF THE SOURCE AND OF THE INFORMATION

  1.  To enable itself to determine the reliability of the information and its source Europol shall ask the third State or third body to assess as far as possible the information and its source in accordance with the criteria laid down in Article 11 of the Rules applicable to analysis files.

  2.  If this assessment is not provided, Europol shall attempt as far as possible to assess the reliability of the source or the information on the basis of information already in its possession in accordance with the criteria laid down in Article 11 of the Rules applicable to analysis files.

  3.  In an agreement, Europol and a third State or third body may agree in general terms on the assessment of specified types of information and specified sources in accordance with the criteria laid down in Article 11 of the Rules applicable to analysis files.

ARTICLE 4: CORRECTION AND DELETION OF INFORMATION

  1.  Agreements shall stipulate that the third State or third body shall inform Europol when it corrects or deletes the information transmitted to Europol.

  2.  When a third State or third body informs Europol that it has corrected or deleted the information transmitted to Europol, Europol shall correct or delete the information accordingly. Europol shall not delete information if it has further need to process that information for the purpose of the analysis file or, where the information is stored in another Europol data file, Europol has further interest in it, based on intelligence that is more extensive than that possessed by the transmitting third State or third body. Europol shall inform the third State or third body concerned of the continued storage of such information.

  3.  If Europol has reason to assume that information supplied is not accurate or no longer up to date, Europol shall inform the third State or third body which supplied the information and Europol shall request the third State or third body to inform Europol of its position. Where information is corrected or deleted by Europol in conformity with Article 20(1) and Article 22 of the Convention, Europol shall inform the supplying third State or third body of the correction or deletion.

  4.  Without prejudice to Article 20 of the Convention, information which has already been obtained by a third State in obvious violation of human rights shall not be stored in the Europol information system or analysis files.

  5.  Agreements shall stipulate that the third State or third body shall inform Europol so far as possible when that third State or third body has reason to believe that the information supplied is not accurate or no longer up to date.

ARTICLE 5: ENTRY INTO FORCE

  These rules shall enter into force [. . .].


1   Doc. 8031/5/97 Rev 5 Back

2   Doc. 8032/8/97 Rev 8 Back

3   Doc. 8034/6/97 Rev 6. Back

4   Doc. 6660/98. Back

 
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