THE HIGH CONTRACTING PARTIES to the present Protocol,
Member States of the European Union,
REFERRING to the Council Act of 19 June
1997,
CONSIDERING that pursuant to Article 41 (1) of the
Convention based on Article K.3 of the Treaty on European
Union, on the establishment of a European Police Office
(Europol Convention), Europol, the members of its organs, the
Deputy Directors and employees of Europol shall enjoy the
privileges and immunities necessary for the performance of
their tasks in accordance with a Protocol setting out the rules
to be applied in all Member States,
HAVE AGREED AS FOLLOWS:
Article 1
Definitions
For the purposes of this Protocol:
(a) 'Convention' means the Convention based on
Article K.3 of the Treaty on European Union, on the
establishment of a European Police Office (Europol
Convention);
(b) 'Europol' means the European Police
Office;
(c) 'Organs of Europol' means the Management
Board as referred to in Article 28 of the Convention, the
Financial Controller as referred to in Article 35 (7) of the
Convention, and the Financial Committee as referred to in
Article 35 (8) of the Convention;
(d) 'Board' means the Management Board as
referred to in Article 28 of the Convention;
(e) 'Director' means the Director of Europol as
referred to in Article 29 of the Convention;
(f) 'Staff' means the Director, Deputy
Directors and the employees of Europol as referred to in
Article 30 of the Convention with the exception of the local
staff as referred to in Article 3 of the Staff
Regulations;
(g) 'Archives of Europol' means all records,
correspondence, documents, manuscripts, computer and media
data, photographs, films, video and sound recordings belonging
to or held by Europol or any of its staff members, and any
other similar material which in the unanimous opinion of the
Board and Director forms part of the archives of
Europol.
Article 2
Immunity from legal process and immunity from
search, seizure, requisition, confiscation and any other form
of interference
1. Europol shall have immunity from legal process for
the liability referred to in Article 38 (1) of the Convention
in respect of unauthorized or incorrect data
processing.
2. The property, funds and assets of Europol, wherever
located on the territories of the Member States and by
whomsoever held, shall be immune from search, seizure,
requisition, confiscation and any other form of
interference.
Article 3
Inviolability of archives
The archives of Europol wherever located on the
territories of the Member States and by whomsoever held shall
be inviolable.
Article 4
Exemption from taxes and
duties
1. Within the scope of its official activities,
Europol, its assets, income and other property shall be exempt
from all direct taxes.
2. Europol shall be exempt from indirect taxes and
duties included in the price of movable and immovable property
and services, acquired for its official use and involving
considerable expenditure. The exemption may be granted by way
of a refund.
3. Goods purchased under this Article with exemption
from value-added tax or excise duties shall not be sold or
otherwise disposed of, except in accordance with the conditions
agreed upon with the Member State that has granted the
exemption.
4. No exemption will be granted from taxes and duties
which represent charges for specific serviced
rendered.
Article 5
Freedom of financial assets from
restrictions
Without being subject to any financial controls,
regulations, notification requirements in respect of financial
transactions, or moratoria of any kind, Europol may
freely:
(a) purchase any currencies through authorized channels
and hold and dispose of them;
(b) operate accounts in any currency.
Article 6
Facilities and immunities in respect of
communication
1. Member States shall permit Europol to communicate
freely and without a need for special permission, for all
official purposes, and shall protect the right of Europol to do
so. Europol shall have the right to use codes and to dispatch
and receive official correspondence and other official
communications by courier or in sealed bags which shall be
subject to the same privileges and immunities as diplomatic
couriers and bags.
2. Europol shall, as far as may be compatible with the
International Telecommunications convention of 6 November 1982,
for its official communications enjoy treatment not less
favourable than that accorded by member States to any
international organization or government, including diplomatic
missions of such government, in the matter of priorities for
communication by mail, cable, telegraph, telex, radio,
television, telephone, fax, satellite, or other
means.
Article 7
Entry, stay and departure
Member States shall facilitate, if necessary, the
entry, stay and departure of the persons listed in Article 8
for purposes of official business. This shall not prevent the
requirement of reasonable evidence to establish that persons
claiming the treatment provided for under this Article come
within the classes described in Article 8.
Article 8
Privileges and immunities of members of the
organs of Europol and staff members of
Europol
1. Members of the organs of Europol and staff members
of Europol shall enjoy the following immunities:
(a) Without prejudice to Article 32 and, so far as
applicable, Article 40 (3) of the Convention, immunity from
legal process of any kind in respect of words spoken or
written, and of acts performed by them, in the exercise of
their official functions, such immunity to continue
notwithstanding that the persons concerned may have ceased to
be members of an organ of Europol or staff members of
Europol;
(b) inviolability of all their official papers and
documents and other official materials.
2. Staff members of Europol, whose salaries and
emoluments are subject to a tax for the benefit of Europol as
mentioned in Article 10, shall enjoy exemption from income tax
with respect to salaries and emoluments paid by Europol.
However, such salaries and emoluments may be taken into account
when assessing the amount of tax payable on income from other
sources. This paragraph does not apply to pensions and
annuities paid to former staff members of Europol and their
dependants.
3. The provisions of Article 14 of the Protocol on the
privileges and immunities of the European Communities shall
apply to the staff members of Europol.
Article 9
Exemptions to immunities
The immunity granted to persons mentioned in Article 8
shall not extend to civil action by a third party for damages,
including personal injury or death, arising from a traffic
accident caused by any such person.
Article 10
Taxes
1. Subject to the conditions and following the
procedures laid down by Europol and agreed by the Board, the
staff members of Europol engaged for a minimum period of one
year shall be subject to a tax for the benefit of Europol on
salaries and emoluments paid by Europol.
2. Each year, Member States shall be notified of the
names and addresses of the staff members of Europol mentioned
in this Article as well as of any other personnel contracted to
work at Europol. Europol shall deliver to each of them a yearly
certificate bearing the total gross and net amount of
remuneration of any kind paid by Europol for the year in
question, including the details and nature of payments and the
amounts of withholdings at source.
3. This Article does not apply to pensions and
annuities paid to former staff members of Europol and their
dependants.
Article 11
Protection of personnel
Member States shall, if so requested by the Director,
take all reasonable steps in accordance with their national
laws to ensure the necessary safety and protection of the
persons mentioned in this Protocol whose security is endangered
due to their services to Europol.
Article 12
Waiver of immunities
1. The privileges and immunities granted under the
provisions of this Protocol are conferred in the interests of
Europol and not for the personal benefit of the individuals
themselves. It is the duty of Europol and all persons enjoying
such privileges and immunities to observe in all other respects
the laws and regulations of Member States.
2. The Director shall be required to waive the immunity
of Europol and any staff member of Europol, in cases where the
immunity would impede the course of justice and can be waived
without prejudice to the interests of Europol. In respect of
the Director, the Financial Controller and the members of the
Financial Committee, the Board has a similar obligation. In
respect of Members of the Board, the waiving of the immunities
shall be within the competence of the respective Member
States.
3. When the immunity of Europol as mentioned in Article
2 (2) has been waived, searches and seizures ordered by the
judicial authorities of the Member States shall be effected in
the presence of the Director or a person delegated by him, in
compliance with the rules of confidentiality laid down in or by
virtue of the Convention.
4. Europol shall cooperate at all times with the
appropriate authorities of Member States to facilitate the
proper administration of justice and shall prevent any abuse of
the privileges and immunities granted under the provisions of
this Protocol.
5. Should a competent authority or judicial body of a
Member State consider that an abuse of a privilege or immunity
conferred by this Protocol has occurred, the body responsible
for waiving immunity pursuant to paragraph 2 shall, upon
request, consult with the appropriate authorities to determine
whether any such abuse has occurred. If such consultations fail
to achieve a result satisfactory for both sides, the matter
shall be settled in accordance with the procedure set out in
Article 13.
Article 13
Settlement of disputes
1. Disputes on a refusal to waive an immunity of
Europol or of a person who, by reason of his official position,
enjoys immunity as mentioned in Article 8 (1), shall 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 settled, the Council
shall unanimously decide on the modalities according to which
they shall be settled.
Article 14
Reservations
Reservations shall not be permissible in respect of
this Protocol.
Article 15
Entry into force
1. This Protocol 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 respective constitutional requirements for
adopting this Protocol.
3. This Protocol shall enter into force on the first
day of the second month following the notification, referred to
in paragraph 2, by the Member State which, being a member of
the European Union on the date of adoption by the Council of
the Act drawing up this Protocol, is the last to fulfil that
formality.
Article 16
Accession
1. This Protocol shall be open to accession by any
State that becomes a member of the European Union.
2. Instruments of accession shall be deposited with the
depository.
3. The text of this Protocol in the language of the
acceding State, drawn up by the Council of the European Union,
shall be authentic.
4. This Protocol shall enter into force with respect to
any State that accedes to it, ninety days after the date of
deposit of its instrument of accession, or on the date of the
entry into force of this Protocol if the latter has not yet
come into force when the said period of ninety days
expires.
Article 17
Evaluation
1. Within two years after the entry into force of this
Protocol, it will be evaluated under the supervision of the
Management Board.
2. Immunity pursuant to Article (8) (1) (a) shall be
granted only in respect of official acts which require to be
undertaken in fulfilment of the tasks set out in Article 3 of
the Convention in the version signed on 26 July 1995. Prior to
each amendment or extension of the tasks in Article 3 of the
Convention there shall be a review in accordance with the first
paragraph, in particular with regard to Article 8 (1) (a) and
13.
Article 18
Amendments
1. Amendments to this Protocol may be proposed by any
member State, being a High Contracting Party. Any proposal for
an amendment shall be sent to the depository, who shall forward
it to the Council.
2. Amendments shall be established unanimously by the
Council, which shall recommend that they be adopted by the
Member States in accordance with their respective
constitutional requirements.
3. Amendments thus established shall enter into force
in accordance with the provisions of Article 15.
4. The Secretary-General of the Council of the European
Union shall notify all Member States of the date of entry into
force of the amendments.
Article 19
Depositary
1. The Secretary-General of the Council of the European
Union shall act as depositary of this Protocol.
2. The depositary shall publish in the Official Journal
of the European Communities the notifications, instruments or
communications concerning this Protocol.
IN WITNESS WHEREOF, the undersigned Plenipotentiaries
have signed this Protocol.
Done at Brussels, this nineteenth day of June in the
year one thousand nine hundred and ninety-seven, in a single
original, in the Danish, Dutch, English, Finnish, French,
German, Greek, Irish, Italian, Portuguese, Spanish and Swedish
languages, each text being equally authentic, such original
remaining deposited in the archives of the General Secretariat
of the Council of the European Union.
