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.