# Official Journal L 135/2016

| | ISSN 1977-0677 |
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| Official Journal
  of the European Union | L 135 |
| | |
| English edition | Legislation | Volume 5924 May 2016 |

ISSN 1977-0677

Official Journal

of the European Union

L 135

English edition

Legislation

Volume 5924 May 2016

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| Contents | | I   Legislative acts | page |
| --- | --- | --- | --- |
| | | REGULATIONS |
| | * | Regulation (EU) 2016/791 of the European Parliament and of the Council of 11 May 2016 amending Regulations (EU) No 1308/2013 and (EU) No 1306/2013 as regards the aid scheme for the supply of fruit and vegetables, bananas and milk in educational establishments | 1 |
| | * | Regulation (EU) 2016/792 of the European Parliament and of the Council of 11 May 2016 on harmonised indices of consumer prices and the house price index, and repealing Council Regulation (EC) No 2494/95 (
  1
  ) | 11 |
| | * | Regulation (EU) 2016/793 of the European Parliament and of the Council of 11 May 2016 to avoid trade diversion into the European Union of certain key medicines | 39 |
| | * | Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA | 53 |

Contents

I   Legislative acts

page

REGULATIONS

*

Regulation (EU) 2016/791 of the European Parliament and of the Council of 11 May 2016 amending Regulations (EU) No 1308/2013 and (EU) No 1306/2013 as regards the aid scheme for the supply of fruit and vegetables, bananas and milk in educational establishments

1

*

Regulation (EU) 2016/792 of the European Parliament and of the Council of 11 May 2016 on harmonised indices of consumer prices and the house price index, and repealing Council Regulation (EC) No 2494/95 (
  1
  )

1

11

*

Regulation (EU) 2016/793 of the European Parliament and of the Council of 11 May 2016 to avoid trade diversion into the European Union of certain key medicines

39

*

Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA

53

| | | II   Non-legislative acts |
| --- | --- | --- |
| | | REGULATIONS |
| | * | Council Regulation (EU) 2016/795 of 11 April 2016 amending Regulation (EU) No 1370/2013 determining measures on fixing certain aids and refunds related to the common organisation of the markets in agricultural products | 115 |

II   Non-legislative acts

REGULATIONS

*

Council Regulation (EU) 2016/795 of 11 April 2016 amending Regulation (EU) No 1370/2013 determining measures on fixing certain aids and refunds related to the common organisation of the markets in agricultural products

115

| | |
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| | (1)   Text with EEA relevance |

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(1)   Text with EEA relevance

1

| EN | Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.
  The titles of all other Acts are printed in bold type and preceded by an asterisk. |
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EN

Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period.

The titles of all other Acts are printed in bold type and preceded by an asterisk.

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I Legislative acts

REGULATIONS

| 24.5.2016 | EN | Official Journal of the European Union | L 135/1 |
| --- | --- | --- | --- |

24.5.2016

EN

Official Journal of the European Union

L 135/1

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REGULATION (EU) 2016/791 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 11 May 2016

amending Regulations (EU) No 1308/2013 and (EU) No 1306/2013 as regards the aid scheme for the supply of fruit and vegetables, bananas and milk in educational establishments

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 42 and Article 43(2) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee (1),

Having regard to the opinion of the Committee of the Regions (2),

Acting in accordance with the ordinary legislative procedure (3),

Whereas:

| (1) | Section 1 of Chapter II of Title I of Part II of Regulation (EU) No 1308/2013 of the European Parliament and of the Council (4) provides for a school fruit and vegetables scheme and a school milk scheme. |
| --- | --- |

(1)

Section 1 of Chapter II of Title I of Part II of Regulation (EU) No 1308/2013 of the European Parliament and of the Council (4) provides for a school fruit and vegetables scheme and a school milk scheme.

| (2) | The experience gained with the application of the current school schemes, together with the conclusions of the external evaluations and subsequent analysis of different policy options and of the social difficulties faced by Member States, point to the conclusion that the continuation and strengthening of the two school schemes is of the utmost importance. In the current context of declining consumption of fresh fruit and vegetables and milk products, especially among children, and of an increasing incidence of child obesity as a result of consumption habits geared to highly processed foods which, in addition, are often high in added sugars, salt, fat or additives, the Union aid to finance the supply to children in educational establishments of selected agricultural products should do more to promote healthy eating habits and the consumption of local products. |
| --- | --- |

(2)

The experience gained with the application of the current school schemes, together with the conclusions of the external evaluations and subsequent analysis of different policy options and of the social difficulties faced by Member States, point to the conclusion that the continuation and strengthening of the two school schemes is of the utmost importance. In the current context of declining consumption of fresh fruit and vegetables and milk products, especially among children, and of an increasing incidence of child obesity as a result of consumption habits geared to highly processed foods which, in addition, are often high in added sugars, salt, fat or additives, the Union aid to finance the supply to children in educational establishments of selected agricultural products should do more to promote healthy eating habits and the consumption of local products.

| (3) | The analysis of different policy options indicates that a unified approach under a common legal and financial framework is the most appropriate and effective way of meeting the specific objectives that the common agricultural policy is pursuing through school schemes. Such an approach would allow Member States to maximise the impact of distribution within a fixed budget and increase management efficiency. However, in order to take into account the differences between fruit and vegetables, including bananas, and milk and milk products, i.e. ‘school fruit and vegetables’ and ‘school milk’ as defined in this Regulation, and their supply chains, certain elements, such as the respective budgetary envelopes, should remain separate. In the light of the experience with the current schemes, participation in the school scheme should continue to be voluntary for Member States. Taking into account the different consumption patterns across Member States, it should be possible for participating Member States and regions to choose, in the context of their strategies, which of the products eligible for supply to children in educational establishments they wish to distribute. Member States could also consider introducing targeted measures in order to address declining milk consumption in the target group. |
| --- | --- |

(3)

The analysis of different policy options indicates that a unified approach under a common legal and financial framework is the most appropriate and effective way of meeting the specific objectives that the common agricultural policy is pursuing through school schemes. Such an approach would allow Member States to maximise the impact of distribution within a fixed budget and increase management efficiency. However, in order to take into account the differences between fruit and vegetables, including bananas, and milk and milk products, i.e. ‘school fruit and vegetables’ and ‘school milk’ as defined in this Regulation, and their supply chains, certain elements, such as the respective budgetary envelopes, should remain separate. In the light of the experience with the current schemes, participation in the school scheme should continue to be voluntary for Member States. Taking into account the different consumption patterns across Member States, it should be possible for participating Member States and regions to choose, in the context of their strategies, which of the products eligible for supply to children in educational establishments they wish to distribute. Member States could also consider introducing targeted measures in order to address declining milk consumption in the target group.

| (4) | A trend of declining consumption of, in particular, fresh fruit and vegetables and drinking milk has been identified. It is therefore appropriate to focus distribution under the school scheme on those products as a priority. This would also help to reduce the organisational burden on schools and to increase the impact of the distribution within a limited budget and would be in line with the current practice, as those products are the ones most frequently distributed. However, in order to follow nutritional recommendations on calcium absorption and to promote the consumption of specific products or to respond to particular nutritional needs of children in their territory, and given the increase in problems associated with intolerance to lactose in milk, Member States should be allowed, provided that they already distribute drinking milk or lactose-free versions thereof, to distribute other milk products without added flavouring, fruit, nuts or cocoa, such as yoghurt and cheese, which have beneficial effects on children's health. Member States should also be allowed to distribute processed fruit and vegetable products, provided that they already distribute fresh fruit and vegetables. Furthermore, efforts should be made to ensure the distribution of local and regional products. In cases where Member States consider it necessary for the attainment of the objectives of the school scheme and the goals stated in their strategies, they should be allowed to supplement the distribution of the abovementioned products with certain other milk products and milk-based drinks. All those products should be fully eligible for Union aid. However, in the case of non-agricultural products, only the milk component should be eligible. In order to take into account scientific developments and to ensure that distributed products meet the objectives of the school scheme, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union (TFEU) should be delegated to the Commission in respect of supplementing the list of excluded flavour enhancers set out in this Regulation and defining the maximum levels for added sugar, added salt and added fat in processed products. |
| --- | --- |

(4)

A trend of declining consumption of, in particular, fresh fruit and vegetables and drinking milk has been identified. It is therefore appropriate to focus distribution under the school scheme on those products as a priority. This would also help to reduce the organisational burden on schools and to increase the impact of the distribution within a limited budget and would be in line with the current practice, as those products are the ones most frequently distributed. However, in order to follow nutritional recommendations on calcium absorption and to promote the consumption of specific products or to respond to particular nutritional needs of children in their territory, and given the increase in problems associated with intolerance to lactose in milk, Member States should be allowed, provided that they already distribute drinking milk or lactose-free versions thereof, to distribute other milk products without added flavouring, fruit, nuts or cocoa, such as yoghurt and cheese, which have beneficial effects on children's health. Member States should also be allowed to distribute processed fruit and vegetable products, provided that they already distribute fresh fruit and vegetables. Furthermore, efforts should be made to ensure the distribution of local and regional products. In cases where Member States consider it necessary for the attainment of the objectives of the school scheme and the goals stated in their strategies, they should be allowed to supplement the distribution of the abovementioned products with certain other milk products and milk-based drinks. All those products should be fully eligible for Union aid. However, in the case of non-agricultural products, only the milk component should be eligible. In order to take into account scientific developments and to ensure that distributed products meet the objectives of the school scheme, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union (TFEU) should be delegated to the Commission in respect of supplementing the list of excluded flavour enhancers set out in this Regulation and defining the maximum levels for added sugar, added salt and added fat in processed products.

| (5) | Accompanying educational measures that support distribution are necessary in order to make the school scheme effective in reaching its short- and long-term objectives of increasing the consumption of selected agricultural products and shaping healthier diets. Given their importance, such measures should support the distribution of school fruit and vegetables and school milk. As accompanying educational measures, they represent a critical tool for reconnecting children with agriculture and the variety of Union agricultural products, particularly those produced in their region, with the help, for example, of nutrition experts and farmers. In order to meet the objectives that the school scheme is pursuing, Member States should be allowed to include in their measures a wider variety of agricultural products as well as other local, regional or national specialities, such as honey, table olives and olive oil. |
| --- | --- |

(5)

Accompanying educational measures that support distribution are necessary in order to make the school scheme effective in reaching its short- and long-term objectives of increasing the consumption of selected agricultural products and shaping healthier diets. Given their importance, such measures should support the distribution of school fruit and vegetables and school milk. As accompanying educational measures, they represent a critical tool for reconnecting children with agriculture and the variety of Union agricultural products, particularly those produced in their region, with the help, for example, of nutrition experts and farmers. In order to meet the objectives that the school scheme is pursuing, Member States should be allowed to include in their measures a wider variety of agricultural products as well as other local, regional or national specialities, such as honey, table olives and olive oil.

| (6) | So as to promote healthy eating habits, Member States should ensure the appropriate involvement of their national authorities responsible for health and nutrition in the drawing up of a list of the products to be supplied, or the appropriate authorisation by those authorities of that list, in accordance with national procedures. |
| --- | --- |

(6)

So as to promote healthy eating habits, Member States should ensure the appropriate involvement of their national authorities responsible for health and nutrition in the drawing up of a list of the products to be supplied, or the appropriate authorisation by those authorities of that list, in accordance with national procedures.

| (7) | In order to ensure the efficient and targeted use of Union funds and to facilitate the implementation of the school scheme, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of the identification of costs and measures that are eligible for Union aid. |
| --- | --- |

(7)

In order to ensure the efficient and targeted use of Union funds and to facilitate the implementation of the school scheme, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of the identification of costs and measures that are eligible for Union aid.

| (8) | The Union aid should be allocated separately for school fruit and vegetables and school milk in line with the voluntary approach to distribution. That aid should be allocated to each Member State taking into account the number of six- to ten-year-old children in that Member State and the degree of development of the regions within that Member State, so as to ensure that higher aid is allocated to less developed regions, to the smaller Aegean Islands and to the outermost regions in view of their limited agricultural diversification and the frequent impossibility of finding certain products in the region concerned, which results in higher transport and storage costs. Moreover, in order to allow Member States to maintain the scale of their current schemes for school milk and with a view to encouraging other Member States to take up the distribution of milk, it is appropriate to combine those criteria with the historical use of the Union aid for the supply of milk and milk products to children, with the exception of Croatia, for which a specific amount is to be determined. |
| --- | --- |

(8)

The Union aid should be allocated separately for school fruit and vegetables and school milk in line with the voluntary approach to distribution. That aid should be allocated to each Member State taking into account the number of six- to ten-year-old children in that Member State and the degree of development of the regions within that Member State, so as to ensure that higher aid is allocated to less developed regions, to the smaller Aegean Islands and to the outermost regions in view of their limited agricultural diversification and the frequent impossibility of finding certain products in the region concerned, which results in higher transport and storage costs. Moreover, in order to allow Member States to maintain the scale of their current schemes for school milk and with a view to encouraging other Member States to take up the distribution of milk, it is appropriate to combine those criteria with the historical use of the Union aid for the supply of milk and milk products to children, with the exception of Croatia, for which a specific amount is to be determined.

| (9) | In the interest of sound administration and budget management, Member States wishing to participate in the distribution of the eligible products should submit every year requests for Union aid. |
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(9)

In the interest of sound administration and budget management, Member States wishing to participate in the distribution of the eligible products should submit every year requests for Union aid.

| (10) | A national or regional strategy should be a condition for a Member State's participation in the school scheme. Any Member State wishing to participate should present a strategy in the form of a document covering a period of six years and setting out its priorities. Member States should be allowed to update their strategies regularly, in particular in the light of evaluations and reassessments of priorities or targets and of the success of their schemes. Furthermore, strategies may contain specific elements related to the implementation of the school scheme which will enable Member States to achieve efficiencies in the management, inter alia, of aid applications. |
| --- | --- |

(10)

A national or regional strategy should be a condition for a Member State's participation in the school scheme. Any Member State wishing to participate should present a strategy in the form of a document covering a period of six years and setting out its priorities. Member States should be allowed to update their strategies regularly, in particular in the light of evaluations and reassessments of priorities or targets and of the success of their schemes. Furthermore, strategies may contain specific elements related to the implementation of the school scheme which will enable Member States to achieve efficiencies in the management, inter alia, of aid applications.

| (11) | In order to promote awareness of the school scheme and to increase the visibility of Union aid, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of the obligation by Member States to clearly publicise the Union support for implementing the scheme, including in relation to publicity tools and, if appropriate, the common identifier or graphic elements. |
| --- | --- |

(11)

In order to promote awareness of the school scheme and to increase the visibility of Union aid, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of the obligation by Member States to clearly publicise the Union support for implementing the scheme, including in relation to publicity tools and, if appropriate, the common identifier or graphic elements.

| (12) | In order to ensure the visibility of the school scheme, Member States should explain in their strategy how they will ensure the added value of their schemes, especially where products financed under the Union scheme are consumed at the same time as other meals provided to children in an educational establishment. In order to ensure that the educational purpose of the Union scheme is attained and effective, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of the rules concerning the distribution of the products financed under the Union scheme in relation to the provision of other meals in educational establishments and their preparation. |
| --- | --- |

(12)

In order to ensure the visibility of the school scheme, Member States should explain in their strategy how they will ensure the added value of their schemes, especially where products financed under the Union scheme are consumed at the same time as other meals provided to children in an educational establishment. In order to ensure that the educational purpose of the Union scheme is attained and effective, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of the rules concerning the distribution of the products financed under the Union scheme in relation to the provision of other meals in educational establishments and their preparation.

| (13) | In order to verify the effectiveness of the school scheme in the Member States, financing should be provided by the Union for initiatives to monitor and evaluate the results achieved, with particular attention being paid to medium-term changes in consumption. |
| --- | --- |

(13)

In order to verify the effectiveness of the school scheme in the Member States, financing should be provided by the Union for initiatives to monitor and evaluate the results achieved, with particular attention being paid to medium-term changes in consumption.

| (14) | The co-financing principle for the distribution of school fruit and vegetables should be abolished. |
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(14)

The co-financing principle for the distribution of school fruit and vegetables should be abolished.

| (15) | This Regulation should not affect the division of regional or local competences within Member States. |
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(15)

This Regulation should not affect the division of regional or local competences within Member States.

| (16) | Regulation (EU) No 1308/2013 and Regulation (EU) No 1306/2013 of the European Parliament and of the Council (5) should therefore be amended accordingly. In order to take into account the periodicity of the school year, the new rules should become applicable as from 1 August 2017, |
| --- | --- |

(16)

Regulation (EU) No 1308/2013 and Regulation (EU) No 1306/2013 of the European Parliament and of the Council (5) should therefore be amended accordingly. In order to take into account the periodicity of the school year, the new rules should become applicable as from 1 August 2017,

HAVE ADOPTED THIS REGULATION:

Article 1

Amendments to Regulation (EU) No 1308/2013

Regulation (EU) No 1308/2013 is amended as follows:

| (1) | Section 1 of Chapter II of Title I of Part II is replaced by the following:



  ‘Section 1




  Aid for the supply of fruit and vegetables and of milk and milk products in educational establishments




  Article 22
  Target group
  The aid scheme intended to improve the distribution of agricultural products and improving children's eating habits is aimed at children who regularly attend nurseries, pre-schools or primary or secondary-level educational establishments which are administered or recognised by the competent authorities of Member States.


  Article 23
  Aid for the supply of school fruit and vegetables and of school milk, accompanying educational measures and related costs

  1.   Union aid shall be granted in respect of children in the educational establishments referred to in Article 22:






  (a) | for the supply and distribution of eligible products referred to in paragraphs 3, 4 and 5 of this Article; |
| --- | --- | --- |

(1)

Section 1 of Chapter II of Title I of Part II is replaced by the following:

‘Section 1

Aid for the supply of fruit and vegetables and of milk and milk products in educational establishments

Article 22

Target group

The aid scheme intended to improve the distribution of agricultural products and improving children's eating habits is aimed at children who regularly attend nurseries, pre-schools or primary or secondary-level educational establishments which are administered or recognised by the competent authorities of Member States.

Article 23

Aid for the supply of school fruit and vegetables and of school milk, accompanying educational measures and related costs

1.   Union aid shall be granted in respect of children in the educational establishments referred to in Article 22:

(a)

for the supply and distribution of eligible products referred to in paragraphs 3, 4 and 5 of this Article;

| (b) | for accompanying educational measures; and |
| --- | --- |

(b)

for accompanying educational measures; and

| (c) | to cover certain related costs linked to equipment, publicity, monitoring and evaluation, and, insofar as those costs are not covered by point (a) of this subparagraph, logistics and distribution. |
| --- | --- |

(c)

to cover certain related costs linked to equipment, publicity, monitoring and evaluation, and, insofar as those costs are not covered by point (a) of this subparagraph, logistics and distribution.

The Council shall, in accordance with Article 43(3) TFEU, lay down limits for the proportion of Union aid covering measures and costs referred to in points (b) and (c) of the first subparagraph of this paragraph.

2.   For the purposes of this Section:

| (a) | “school fruit and vegetables” means the products referred to in point (a) of paragraph 3 and point (a) of paragraph 4; |
| --- | --- |

(a)

“school fruit and vegetables” means the products referred to in point (a) of paragraph 3 and point (a) of paragraph 4;

| (b) | “school milk” means the products referred to in point (b) of paragraph 3 and point (b) of paragraph 4, as well as the products referred to in Annex V. |
| --- | --- |

(b)

“school milk” means the products referred to in point (b) of paragraph 3 and point (b) of paragraph 4, as well as the products referred to in Annex V.

3.   Member States wishing to participate in the aid scheme established pursuant to paragraph 1 (“the school scheme”) and requesting the corresponding Union aid shall, taking into account national circumstances, prioritise the distribution of products of either or both of the following groups:

| (a) | fruit and vegetables and fresh products of the banana sector; |
| --- | --- |

(a)

fruit and vegetables and fresh products of the banana sector;

| (b) | drinking milk and lactose-free versions thereof. |
| --- | --- |

(b)

drinking milk and lactose-free versions thereof.

4.   Notwithstanding paragraph 3, in order to promote the consumption of specific products and/or to respond to particular nutritional needs of children in their territory, Member States may provide for the distribution of products of either or both of the following groups:

| (a) | processed fruit and vegetable products, in addition to the products referred to in point (a) of paragraph 3; |
| --- | --- |

(a)

processed fruit and vegetable products, in addition to the products referred to in point (a) of paragraph 3;

| (b) | cheese, curd, yoghurt and other fermented or acidified milk products without added flavouring, fruit, nuts or cocoa, in addition to the products referred to in point (b) of paragraph 3. |
| --- | --- |

(b)

cheese, curd, yoghurt and other fermented or acidified milk products without added flavouring, fruit, nuts or cocoa, in addition to the products referred to in point (b) of paragraph 3.

5.   In cases where Member States consider it necessary for the attainment of the objectives of the school scheme and the goals stated in the strategies referred to in paragraph 8, they may supplement the distribution of products referred to in paragraphs 3 and 4 with products listed in Annex V.

In such cases, the Union aid shall be paid only for the milk component of the distributed product. That milk component shall not be lower than 90 % by weight for products of Category I of Annex V and 75 % by weight for products of Category II of Annex V.

The level of Union aid for the milk component shall be fixed by the Council in accordance with Article 43(3) TFEU.

6.   Products distributed under the school scheme shall not contain any of the following:

| (a) | added sugars; |
| --- | --- |

(a)

added sugars;

| (b) | added salt; |
| --- | --- |

(b)

added salt;

| (c) | added fat; |
| --- | --- |

(c)

added fat;

| (d) | added sweeteners; |
| --- | --- |

(d)

added sweeteners;

| (e) | added artificial flavour enhancers E 620 to E 650 as defined in Regulation (EC) No 1333/2008 of the European Parliament and of the Council (*1). |
| --- | --- |

(e)

added artificial flavour enhancers E 620 to E 650 as defined in Regulation (EC) No 1333/2008 of the European Parliament and of the Council (*1).

Notwithstanding the first subparagraph of this paragraph, any Member State may, after obtaining the appropriate authorisation from its national authorities responsible for health and nutrition in accordance with its national procedures, decide that eligible products referred to in paragraphs 4 and 5 may contain limited quantities of added sugar, added salt and/or added fat.

7.   In addition to products referred to in paragraphs 3, 4 and 5 of this Article, Member States may provide for the inclusion of other agricultural products under the accompanying educational measures, in particular those listed in points (g) and (v) of Article 1(2).

8.   As a condition for its participation in the school scheme, a Member State shall draw up, prior to its participation in the school scheme, and subsequently every six years, at national or regional level, a strategy for the implementation of the scheme. The strategy may be amended by the authority responsible for drawing it up at national or regional level, in particular in the light of monitoring and evaluation and of the results achieved. The strategy shall at least identify the needs to be met, the ranking of the needs in terms of priorities, the target group, the results expected to be achieved and, if available, the quantified targets to be attained in relation to the initial situation, and lay down the most appropriate instruments and actions for attaining those objectives.

The strategy may contain specific elements relating to the implementation of the school scheme, including those intended to simplify its management.

9.   Member States shall determine in their strategies the list of all the products to be supplied under the school scheme either through regular distribution or under accompanying educational measures. Without prejudice to paragraph 6, they shall also ensure the appropriate involvement of their national authorities responsible for health and nutrition in drawing up that list, or the appropriate authorisation by those authorities of that list, in accordance with national procedures.

10.   Member States shall, in order to make the school scheme effective, also provide for accompanying educational measures, which may include, inter alia, measures and activities aimed at reconnecting children with agriculture through activities, such as farm visits, and the distribution of a wider variety of agricultural products as referred to in paragraph 7. Those measures may also be designed to educate children about related issues, such as healthy eating habits, local food chains, organic farming, sustainable production or combating food waste.

11.   Member States shall choose the products to be featured in distribution or to be included in accompanying educational measures on the basis of objective criteria which shall include one or more of the following: health and environmental considerations, seasonality, variety and the availability of local or regional produce, giving priority to the extent practicable to products originating in the Union. Member States may encourage in particular local or regional purchasing, organic products, short supply chains or environmental benefits and, if appropriate, products recognised under the quality schemes established by Regulation (EU) No 1151/2012.

Member States may consider, in their strategies, prioritising sustainability and fair-trade considerations.

Article 23a

Financing provisions

1.   Without prejudice to paragraph 4 of this Article, the aid under the school scheme allocated for the distribution of products, the accompanying educational measures and the related costs referred to in Article 23(1) shall not exceed EUR 250 million per school year.

Within that overall limit, the aid shall not exceed:

| (a) | for school fruit and vegetables: EUR 150 million per school year; |
| --- | --- |

(a)

for school fruit and vegetables: EUR 150 million per school year;

| (b) | for school milk: EUR 100 million per school year. |
| --- | --- |

(b)

for school milk: EUR 100 million per school year.

2.   The aid referred to in paragraph 1 shall be allocated to each Member State taking into account the following:

| (a) | the number of six- to ten-year-old children in the Member State concerned; |
| --- | --- |

(a)

the number of six- to ten-year-old children in the Member State concerned;

| (b) | the degree of development of the regions within the Member State concerned so as to ensure that higher aid is allocated to less developed regions and to the smaller Aegean Islands within the meaning of Article 1(2) of Regulation (EU) No 229/2013; and |
| --- | --- |

(b)

the degree of development of the regions within the Member State concerned so as to ensure that higher aid is allocated to less developed regions and to the smaller Aegean Islands within the meaning of Article 1(2) of Regulation (EU) No 229/2013; and

| (c) | for school milk, in addition to the criteria referred to in points (a) and (b), the historical use of the Union aid for the supply of milk and milk products to children. |
| --- | --- |

(c)

for school milk, in addition to the criteria referred to in points (a) and (b), the historical use of the Union aid for the supply of milk and milk products to children.

The allocations for the Member States concerned shall ensure that higher aid is allocated to the outermost regions listed in Article 349 TFEU in order to take into account the specific situation of those regions in the sourcing of products and to promote such sourcing between outermost regions that are in geographical proximity to each other.

The allocations for school milk resulting from the application of the criteria laid down in this paragraph shall ensure that all Member States are entitled to receive at least a minimum amount of Union aid per child in the age group referred to in point (a) of the first subparagraph. That amount shall not be lower than the average use of Union aid per child across all Member States under the school milk scheme which applied prior to 1 August 2017.

Measures on the fixing of indicative and definitive allocations and on reallocation of Union aid for school fruit and vegetables and for school milk shall be taken by the Council in accordance with Article 43(3) TFEU.

3.   Member States wishing to participate in the school scheme shall submit every year their request for Union aid, specifying the amount requested for the school fruit and vegetables and the amount requested for the school milk that they wish to distribute.

4.   Without exceeding the overall limit of EUR 250 million laid down in paragraph 1, any Member State may transfer once per school year up to 20 % of either one or the other of its indicative allocations.

That percentage may be increased up to 25 % for the Member States with outermost regions listed in Article 349 TFEU and in other duly justified cases, such as where a Member State needs to address a specific market situation in the sector covered by the school scheme, its particular concerns regarding low consumption of either one of the groups of products, or other societal changes.

Transfers may be made either:

| (a) | prior to the fixing of definitive allocations for the following school year, between the Member State's indicative allocations; or |
| --- | --- |

(a)

prior to the fixing of definitive allocations for the following school year, between the Member State's indicative allocations; or

| (b) | after the start of school year, between the Member State's definitive allocations, where such allocations have been set for the Member State in question. |
| --- | --- |

(b)

after the start of school year, between the Member State's definitive allocations, where such allocations have been set for the Member State in question.

The transfers referred to in point (a) of the third subparagraph may not be made from the indicative allocation for the group of products for which the Member State concerned requests an amount exceeding its indicative allocation. Member States shall notify to the Commission the amount of any transfers between indicative allocations.

5.   The school scheme shall be without prejudice to any separate national school schemes which are compatible with Union law. Union aid provided for in Article 23 may be used to extend the scope or effectiveness of any existing national school schemes or school distribution schemes providing school fruit and vegetables and school milk but shall not replace funding for those existing national schemes, except for free distribution of meals to children in educational establishments. If a Member State decides to extend the scope of an existing national school scheme or to make it more effective by requesting Union aid, it shall indicate in the strategy referred to in Article 23(8) how this will be achieved.

6.   Member States may, in addition to Union aid, grant national aid for the financing of the school scheme.

Member States may finance that aid by means of a levy on the sector concerned or by means of any other contribution from the private sector.

7.   The Union may also finance, pursuant to Article 6 of Regulation (EU) No 1306/2013, information, publicity, monitoring and evaluation measures relating to the school scheme, including measures to raise public awareness of the scheme's objectives, and related networking measures aimed at exchanging experience and best practices in order to facilitate the implementation and management of the scheme.

The Commission may develop, in accordance with Article 24(4) of this Regulation, a common identifier or graphic elements to enhance the visibility of the school scheme.

8.   Member States participating in the school scheme shall publicise, at school premises or other relevant places, their involvement in the scheme and the fact that it is subsidised by the Union. Member States may use any suitable publicity tools, which may include posters, dedicated websites, informative graphic material, and information and awareness-raising campaigns. Member States shall ensure the added value and the visibility of the Union school scheme in relation to the provision of other meals in educational establishments.

Article 24

Delegated powers

1.   In order to promote the healthy eating habits of children and to ensure that the aid under the school scheme is aimed at children in the target group referred to in Article 22, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 concerning rules on:

| (a) | the additional criteria related to the eligibility of the target group referred to in Article 22; |
| --- | --- |

(a)

the additional criteria related to the eligibility of the target group referred to in Article 22;

| (b) | the approval and selection of aid applicants by Member States; |
| --- | --- |

(b)

the approval and selection of aid applicants by Member States;

| (c) | the drawing up of the national or regional strategies and on the accompanying educational measures. |
| --- | --- |

(c)

the drawing up of the national or regional strategies and on the accompanying educational measures.

2.   In order to ensure the efficient and targeted use of Union funds and to facilitate the implementation of the school scheme, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 concerning:

| (a) | the identification of costs and measures that are eligible for Union aid; |
| --- | --- |

(a)

the identification of costs and measures that are eligible for Union aid;

| (b) | the obligation for Member States to monitor and evaluate the effectiveness of their school scheme. |
| --- | --- |

(b)

the obligation for Member States to monitor and evaluate the effectiveness of their school scheme.

3.   In order to take account of scientific developments, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 in order to supplement the list of artificial flavour-enhancers referred to in point (e) of the first subparagraph of Article 23(6).

In order to ensure that products distributed in accordance with Article 23(3), (4) and (5) meet the objectives of the school scheme, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 in order to define the maximum levels for added sugar, added salt and added fat which may be allowed by Member States under the second subparagraph of Article 23(6) and which are technically necessary to prepare or manufacture processed products.

4.   In order to promote awareness of the school scheme and to increase the visibility of Union aid, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 requiring the Member States participating in the school scheme to clearly publicise the fact that they are receiving Union support to implement the scheme, including in relation to:

| (a) | if appropriate, the establishment of specific criteria regarding the presentation, composition, size and design of the common identifier or graphic elements; |
| --- | --- |

(a)

if appropriate, the establishment of specific criteria regarding the presentation, composition, size and design of the common identifier or graphic elements;

| (b) | the specific criteria related to the use of publicity tools. |
| --- | --- |

(b)

the specific criteria related to the use of publicity tools.

5.   In order to ensure the added value and the visibility of the school scheme, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 in respect of the rules concerning the distribution of products in relation to the provision of other meals in educational establishments.

6.   Taking into account the need to ensure that the Union aid is reflected in the price at which the products are available under the school scheme, the Commission shall be empowered to adopt delegated acts in accordance with Article 227 requiring Member States to explain in their strategies how this will be achieved.

Article 25

Implementing powers in accordance with the examination procedure

The Commission may, by means of implementing acts, adopt the measures necessary for the application of this Section, including those concerning:

| (a) | the information to be contained in Member States' strategies; |
| --- | --- |

(a)

the information to be contained in Member States' strategies;

| (b) | the aid applications and payments, including the simplification of procedures resulting from the common framework for the school scheme; |
| --- | --- |

(b)

the aid applications and payments, including the simplification of procedures resulting from the common framework for the school scheme;

| (c) | the methods of publicising, and networking measures in respect of, the school scheme; |
| --- | --- |

(c)

the methods of publicising, and networking measures in respect of, the school scheme;

| (d) | the submission, format and content of annual requests for aid, monitoring and evaluation reports by Member States participating in the school scheme; |
| --- | --- |

(d)

the submission, format and content of annual requests for aid, monitoring and evaluation reports by Member States participating in the school scheme;

| (e) | the application of Article 23a(4), including on the deadlines for the transfers and on the submission, format and content of transfer notifications. |
| --- | --- |

(e)

the application of Article 23a(4), including on the deadlines for the transfers and on the submission, format and content of transfer notifications.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 229(2).

(*1)  Regulation (EC) No 1333/2008 of the European Parliament and of the Council of 16 December 2008 on food additives (OJ L 354, 31.12.2008, p. 16).’;"

*1

| (2) | Article 217 is replaced by the following:

  ‘Article 217
  National payments for the distribution of products to children
  Member States may make national payments for supplying to children in educational establishments the groups of eligible products referred to in Article 23, for accompanying educational measures related to such products and for the related costs referred to in point (c) of Article 23(1).
  Member States may finance those payments by means of a levy on the sector concerned or by means of any other contribution from the private sector.’; |
| --- | --- |

(2)

Article 217 is replaced by the following:

‘Article 217

National payments for the distribution of products to children

Member States may make national payments for supplying to children in educational establishments the groups of eligible products referred to in Article 23, for accompanying educational measures related to such products and for the related costs referred to in point (c) of Article 23(1).

Member States may finance those payments by means of a levy on the sector concerned or by means of any other contribution from the private sector.’;

| (3) | in Article 225, the following points are added:






  ‘(e) | by 31 July 2023, on the application of the allocation criteria referred to in Article 23a(2); |
| --- | --- | --- |

(3)

in Article 225, the following points are added:

‘(e)

by 31 July 2023, on the application of the allocation criteria referred to in Article 23a(2);

| (f) | by 31 July 2023, on the impact of the transfers referred to in Article 23a(4) on the effectiveness of the school scheme in relation to the distribution of school fruit and vegetables and school milk.’; |
| --- | --- |

(f)

by 31 July 2023, on the impact of the transfers referred to in Article 23a(4) on the effectiveness of the school scheme in relation to the distribution of school fruit and vegetables and school milk.’;

| (4) | Annex V is replaced by the following:



  ‘ANNEX V

  PRODUCTS REFERRED TO IN ARTICLE 23(5)

  Category I






  — | Fermented milk products without fruit juice, naturally flavoured |
| --- | --- | --- |

(4)

Annex V is replaced by the following:

‘ANNEX V

PRODUCTS REFERRED TO IN ARTICLE 23(5)

Category I

—

Fermented milk products without fruit juice, naturally flavoured

| — | Fermented milk products with fruit juice, naturally flavoured or non-flavoured |
| --- | --- |

—

Fermented milk products with fruit juice, naturally flavoured or non-flavoured

| — | Milk-based drinks with cocoa, with fruit juice or naturally flavoured |
| --- | --- |

—

Milk-based drinks with cocoa, with fruit juice or naturally flavoured

Category II

Fermented or non-fermented milk products with fruit, naturally flavoured or non-flavoured’.

Article 2

Amendment to Regulation (EU) No 1306/2013

In Article 4(1) of Regulation (EU) No 1306/2013, point (d) is replaced by the following:

| ‘(d) | the Union's financial contribution to the measures related to animal diseases and loss of consumer confidence as referred to in Article 220 of Regulation (EU) No 1308/2013.’ |
| --- | --- |

‘(d)

Article 3

Entry into force and application

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Official Journal of the European Union

It shall apply from 1 August 2017.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Strasbourg, 11 May 2016.

For the European Parliament

The President

M. SCHULZ

For the Council

The President

J.A. HENNIS-PLASSCHAERT

---

(1)  
  OJ C 451, 16.12.2014, p. 142.

1

(2)  
  OJ C 415, 20.11.2014, p. 30.

2

(3)  Position of the European Parliament of 8 March 2016 (not yet published in the Official Journal) and decision of the Council of 11 April 2016.

3

(4)  Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 347, 20.12.2013, p. 671).

4

(5)  Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy and repealing Council Regulations (EEC) No 352/78, (EC) No 165/94, (EC) No 2799/98, (EC) No 814/2000, (EC) No 1290/2005 and (EC) No 485/2008 (OJ L 347, 20.12.2013, p. 549).

5

---

| 24.5.2016 | EN | Official Journal of the European Union | L 135/11 |
| --- | --- | --- | --- |

24.5.2016

EN

Official Journal of the European Union

L 135/11

---

REGULATION (EU) 2016/792 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 11 May 2016

on harmonised indices of consumer prices and the house price index, and repealing Council Regulation (EC) No 2494/95

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 338(1) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Central Bank (1),

Acting in accordance with the ordinary legislative procedure (2),

Whereas:

| (1) | The harmonised index of consumer prices (HICP) is designed to measure inflation in a harmonised manner across Member States. The Commission and the European Central Bank (ECB) use the HICP in their assessment of price stability in the Member States under Article 140 of the Treaty on the Functioning of the European Union (TFEU). |
| --- | --- |

(1)

The harmonised index of consumer prices (HICP) is designed to measure inflation in a harmonised manner across Member States. The Commission and the European Central Bank (ECB) use the HICP in their assessment of price stability in the Member States under Article 140 of the Treaty on the Functioning of the European Union (TFEU).

| (2) | Harmonised indices are used in the context of the Commission's macroeconomic imbalance procedure, as established by Regulation (EU) No 1176/2011 of the European Parliament and of the Council (3). |
| --- | --- |

(2)

Harmonised indices are used in the context of the Commission's macroeconomic imbalance procedure, as established by Regulation (EU) No 1176/2011 of the European Parliament and of the Council (3).

| (3) | Price statistics of high quality and comparability are essential for those responsible for public policy in the Union, researchers and all European citizens. |
| --- | --- |

(3)

Price statistics of high quality and comparability are essential for those responsible for public policy in the Union, researchers and all European citizens.

| (4) | The European System of Central Banks (ESCB) uses the HICP as an index in order to measure the achievement of the ESCB's price stability objective under Article 127(1) TFEU, which is of particular relevance for the definition and implementation of the monetary policy of the Union under Article 127(2) TFEU. Pursuant to Articles 127(4) and 282(5) TFEU, the ECB is to be consulted on any proposed Union act in its fields of competence. |
| --- | --- |

(4)

The European System of Central Banks (ESCB) uses the HICP as an index in order to measure the achievement of the ESCB's price stability objective under Article 127(1) TFEU, which is of particular relevance for the definition and implementation of the monetary policy of the Union under Article 127(2) TFEU. Pursuant to Articles 127(4) and 282(5) TFEU, the ECB is to be consulted on any proposed Union act in its fields of competence.

| (5) | The objective of this Regulation is to establish a common framework for the development, production and dissemination of harmonised indices of consumer prices and of the house price index (HPI) at Union and national level. This does not preclude, however, the possibility of extending the application of the framework, in the future, if necessary, to the subnational level. |
| --- | --- |

(5)

The objective of this Regulation is to establish a common framework for the development, production and dissemination of harmonised indices of consumer prices and of the house price index (HPI) at Union and national level. This does not preclude, however, the possibility of extending the application of the framework, in the future, if necessary, to the subnational level.

| (6) | Council Regulation (EC) No 2494/95 (4) established a common framework for setting up harmonised indices of consumer prices. That legal framework needs to be adapted to current requirements and technical progress, thereby further improving the relevance and comparability of harmonised indices of consumer prices and the HPI. On the basis of the new framework established by this Regulation, work on a set of supplementary indicators on price evolution should be initiated. |
| --- | --- |

(6)

Council Regulation (EC) No 2494/95 (4) established a common framework for setting up harmonised indices of consumer prices. That legal framework needs to be adapted to current requirements and technical progress, thereby further improving the relevance and comparability of harmonised indices of consumer prices and the HPI. On the basis of the new framework established by this Regulation, work on a set of supplementary indicators on price evolution should be initiated.

| (7) | This Regulation takes into account the Commission's better regulation agenda and, in particular, the Commission communication of 8 October 2010 entitled Smart regulation in the European Union. In the statistical field, the Commission has set as a priority the simplification and improvement of the regulatory environment in statistics, as referred to in the Commission communication of 10 August 2009 on the production method of EU statistics: a vision for the next decade. |
| --- | --- |

(7)

This Regulation takes into account the Commission's better regulation agenda and, in particular, the Commission communication of 8 October 2010 entitled Smart regulation in the European Union. In the statistical field, the Commission has set as a priority the simplification and improvement of the regulatory environment in statistics, as referred to in the Commission communication of 10 August 2009 on the production method of EU statistics: a vision for the next decade.

| (8) | The HICP and the harmonised index of consumer prices at constant tax rates (HICP-CT) should be broken down into categories of the European classification of individual consumption according to purpose (ECOICOP). Such classification should ensure that all European statistics relating to private consumption are consistent and comparable. The ECOICOP should also be consistent with the UN COICOP, which is the international standard classifying individual consumption according to purpose, therefore the ECOICOP should be adapted to align it with changes to the UN COICOP. |
| --- | --- |

(8)

The HICP and the harmonised index of consumer prices at constant tax rates (HICP-CT) should be broken down into categories of the European classification of individual consumption according to purpose (ECOICOP). Such classification should ensure that all European statistics relating to private consumption are consistent and comparable. The ECOICOP should also be consistent with the UN COICOP, which is the international standard classifying individual consumption according to purpose, therefore the ECOICOP should be adapted to align it with changes to the UN COICOP.

| (9) | The HICP is based on observed prices, which include taxes on products. Hence, inflation is affected by changes to tax rates on products. For inflation analysis and for convergence assessment in Member States, information also needs to be collected on the impact of tax changes on inflation. To this end, the HICP should additionally be calculated on the basis of constant tax rate prices. |
| --- | --- |

(9)

The HICP is based on observed prices, which include taxes on products. Hence, inflation is affected by changes to tax rates on products. For inflation analysis and for convergence assessment in Member States, information also needs to be collected on the impact of tax changes on inflation. To this end, the HICP should additionally be calculated on the basis of constant tax rate prices.

| (10) | Establishing price indices for dwellings, and in particular for owner-occupied housing (OOH), is an important step towards further improving the relevance and comparability of the HICP. The HPI is a necessary basis for compiling the OOH price index. In addition, the HPI is an important indicator in its own right. By 31 December 2018, the Commission should prepare a report addressing the suitability of the OOH price index for integration into the HICP coverage. Depending on the results of that report, the Commission should, where appropriate, submit, within a reasonable time frame, a proposal for amending this Regulation with regard to integrating the OOH price index into the HICP coverage. |
| --- | --- |

(10)

Establishing price indices for dwellings, and in particular for owner-occupied housing (OOH), is an important step towards further improving the relevance and comparability of the HICP. The HPI is a necessary basis for compiling the OOH price index. In addition, the HPI is an important indicator in its own right. By 31 December 2018, the Commission should prepare a report addressing the suitability of the OOH price index for integration into the HICP coverage. Depending on the results of that report, the Commission should, where appropriate, submit, within a reasonable time frame, a proposal for amending this Regulation with regard to integrating the OOH price index into the HICP coverage.

| (11) | Early provisional information on the monthly HICP in the form of a flash estimate is crucial for monetary policy in the euro area. Therefore, such flash estimates should be provided by the Member States whose currency is the euro. |
| --- | --- |

(11)

Early provisional information on the monthly HICP in the form of a flash estimate is crucial for monetary policy in the euro area. Therefore, such flash estimates should be provided by the Member States whose currency is the euro.

| (12) | The HICP is designed to assess price stability. It is not intended to be a cost of living index. In addition to the HICP, research on a harmonised cost of living index should be initiated. |
| --- | --- |

(12)

The HICP is designed to assess price stability. It is not intended to be a cost of living index. In addition to the HICP, research on a harmonised cost of living index should be initiated.

| (13) | The reference period of the harmonised indices should be updated periodically. Rules for common index reference periods of the harmonised indices and their sub-indices integrated at different points in time should be established in order to ensure that the resulting indices are comparable and relevant. |
| --- | --- |

(13)

The reference period of the harmonised indices should be updated periodically. Rules for common index reference periods of the harmonised indices and their sub-indices integrated at different points in time should be established in order to ensure that the resulting indices are comparable and relevant.

| (14) | In order to enhance the gradual harmonisation of harmonised indices of consumer prices and the HPI, pilot studies should be launched to assess the feasibility of using improved basic information or applying new methodological approaches. The Commission should take the necessary actions and find the right incentives, including financial support, to encourage such pilot studies. |
| --- | --- |

(14)

In order to enhance the gradual harmonisation of harmonised indices of consumer prices and the HPI, pilot studies should be launched to assess the feasibility of using improved basic information or applying new methodological approaches. The Commission should take the necessary actions and find the right incentives, including financial support, to encourage such pilot studies.

| (15) | The Commission (Eurostat) should verify the sources and methods used by Member States to calculate harmonised indices and should monitor the implementation of the legal framework by Member States. For that purpose, the Commission (Eurostat) should maintain a regular dialogue with the Member States' statistical authorities. |
| --- | --- |

(15)

The Commission (Eurostat) should verify the sources and methods used by Member States to calculate harmonised indices and should monitor the implementation of the legal framework by Member States. For that purpose, the Commission (Eurostat) should maintain a regular dialogue with the Member States' statistical authorities.

| (16) | Background information is essential for assessing whether the detailed harmonised indices provided by the Member States are sufficiently comparable. In addition, transparent compilation methods and practices used in Member States help all stakeholders to understand the harmonised indices and further improve their quality. A set of rules for reporting harmonised metadata should therefore be established. |
| --- | --- |

(16)

Background information is essential for assessing whether the detailed harmonised indices provided by the Member States are sufficiently comparable. In addition, transparent compilation methods and practices used in Member States help all stakeholders to understand the harmonised indices and further improve their quality. A set of rules for reporting harmonised metadata should therefore be established.

| (17) | In order to ensure the quality of statistical data provided by Member States, the Commission should use the appropriate prerogatives and powers provided for in Article 12 of Regulation (EC) No 223/2009 of the European Parliament and of the Council (5). |
| --- | --- |

(17)

In order to ensure the quality of statistical data provided by Member States, the Commission should use the appropriate prerogatives and powers provided for in Article 12 of Regulation (EC) No 223/2009 of the European Parliament and of the Council (5).

| (18) | In order to ensure adaptation to changes to the UN COICOP, to amend the list of items regulated by implementing acts by adding items in order to take account of technical developments in the statistical methods and based on the evaluation of pilot studies, and to modify the list of sub-indices of ECOICOP that Member States are not required to produce in order to include games of chance in the HICP and the HICP-CT, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council. |
| --- | --- |

(18)

In order to ensure adaptation to changes to the UN COICOP, to amend the list of items regulated by implementing acts by adding items in order to take account of technical developments in the statistical methods and based on the evaluation of pilot studies, and to modify the list of sub-indices of ECOICOP that Member States are not required to produce in order to include games of chance in the HICP and the HICP-CT, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

| (19) | In order to ensure full comparability of the harmonised indices, uniform conditions are needed for the application of the ECOICOP for the purpose of the HICP and the HICP-CT; for the breakdown of the flash estimate of the HICP provided by Member States whose currency is the euro; for the breakdowns of the OOH price index and of the HPI; for the quality of weights of the harmonised indices; for improved methods based on voluntary pilot studies; for the appropriate methodology; for detailed rules on the rescaling of the harmonised indices; for the data and metadata exchange standards; for the revision of the harmonised indices and their sub-indices; and for technical quality assurance requirements regarding the content of annual standard quality reports, the deadline for providing the reports to the Commission (Eurostat) and the structure of the inventories and the deadline for providing the inventories to the Commission (Eurostat). In order to ensure such uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (6). |
| --- | --- |

(19)

In order to ensure full comparability of the harmonised indices, uniform conditions are needed for the application of the ECOICOP for the purpose of the HICP and the HICP-CT; for the breakdown of the flash estimate of the HICP provided by Member States whose currency is the euro; for the breakdowns of the OOH price index and of the HPI; for the quality of weights of the harmonised indices; for improved methods based on voluntary pilot studies; for the appropriate methodology; for detailed rules on the rescaling of the harmonised indices; for the data and metadata exchange standards; for the revision of the harmonised indices and their sub-indices; and for technical quality assurance requirements regarding the content of annual standard quality reports, the deadline for providing the reports to the Commission (Eurostat) and the structure of the inventories and the deadline for providing the inventories to the Commission (Eurostat). In order to ensure such uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (6).

| (20) | In adopting implementing measures and delegated acts in accordance with this Regulation, the Commission should consider, where appropriate, cost-effectiveness and ensure that those measures and acts do not impose a significant additional burden on Member States or respondents. |
| --- | --- |

(20)

In adopting implementing measures and delegated acts in accordance with this Regulation, the Commission should consider, where appropriate, cost-effectiveness and ensure that those measures and acts do not impose a significant additional burden on Member States or respondents.

| (21) | Since the objective of this Regulation, namely the creation of common statistical standards for harmonised indices of consumer prices and the HPI, cannot be sufficiently achieved by the Member States but can rather be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective. |
| --- | --- |

(21)

Since the objective of this Regulation, namely the creation of common statistical standards for harmonised indices of consumer prices and the HPI, cannot be sufficiently achieved by the Member States but can rather be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.

| (22) | In the context of Article 7 of Regulation (EC) No 223/2009, the European Statistical System Committee has been asked to provide its professional guidance. |
| --- | --- |

(22)

In the context of Article 7 of Regulation (EC) No 223/2009, the European Statistical System Committee has been asked to provide its professional guidance.

| (23) | Regulation (EC) No 2494/95 should therefore be repealed, |
| --- | --- |

(23)

Regulation (EC) No 2494/95 should therefore be repealed,

HAVE ADOPTED THIS REGULATION:

Article 1

Subject matter

This Regulation lays down a common framework for the development, production and dissemination of harmonised indices of consumer prices (HICP, HICP-CT, OOH price index) and of the house price index (HPI) at Union and national level.

Article 2

Definitions

For the purposes of this Regulation, the following definitions apply:

| (1) | ‘products’ means goods and services as defined in paragraph 3.01 of Annex A to Regulation (EU) No 549/2013 of the European Parliament and of the Council (7) (‘ESA 2010’); |
| --- | --- |

(1)

‘products’ means goods and services as defined in paragraph 3.01 of Annex A to Regulation (EU) No 549/2013 of the European Parliament and of the Council (7) (‘ESA 2010’);

7

| (2) | ‘consumer prices’ means the purchase prices paid by households to purchase individual products by means of monetary transactions; |
| --- | --- |

(2)

‘consumer prices’ means the purchase prices paid by households to purchase individual products by means of monetary transactions;

| (3) | ‘house prices’ means the transaction prices of dwellings purchased by households; |
| --- | --- |

(3)

‘house prices’ means the transaction prices of dwellings purchased by households;

| (4) | ‘purchase prices’ means the prices actually paid by purchasers for products, including any taxes less subsidies on the products, after the deduction of discounts from standard prices or charges, excluding interest or services charges added under credit arrangements and any extra charges incurred as a result of failing to pay within the period specified at the time of purchase; |
| --- | --- |

(4)

‘purchase prices’ means the prices actually paid by purchasers for products, including any taxes less subsidies on the products, after the deduction of discounts from standard prices or charges, excluding interest or services charges added under credit arrangements and any extra charges incurred as a result of failing to pay within the period specified at the time of purchase;

| (5) | ‘administered prices’ means prices that are either directly set or influenced to a significant extent by the government; |
| --- | --- |

(5)

‘administered prices’ means prices that are either directly set or influenced to a significant extent by the government;

| (6) | ‘harmonised index of consumer prices’ or ‘HICP’ means the comparable index of consumer prices produced by each Member State; |
| --- | --- |

(6)

‘harmonised index of consumer prices’ or ‘HICP’ means the comparable index of consumer prices produced by each Member State;

| (7) | ‘harmonised index of consumer prices at constant tax rates’ or ‘HICP-CT’ means the index that measures changes in consumer prices without the impact of changes in tax rates on products over the same period of time; |
| --- | --- |

(7)

‘harmonised index of consumer prices at constant tax rates’ or ‘HICP-CT’ means the index that measures changes in consumer prices without the impact of changes in tax rates on products over the same period of time;

| (8) | ‘tax rate’ means a tax parameter and may be a certain percentage of the price or an absolute tax amount levied on a physical unit; |
| --- | --- |

(8)

‘tax rate’ means a tax parameter and may be a certain percentage of the price or an absolute tax amount levied on a physical unit;

| (9) | ‘owner-occupied housing price index’ or ‘OOH price index’ means the index that measures changes in the transaction prices of dwellings new to the household sector and of other products that the households acquire in their role as owner-occupiers; |
| --- | --- |

(9)

‘owner-occupied housing price index’ or ‘OOH price index’ means the index that measures changes in the transaction prices of dwellings new to the household sector and of other products that the households acquire in their role as owner-occupiers;

| (10) | ‘house price index’ or ‘HPI’ means the index that measures changes in the transaction prices of dwellings purchased by households; |
| --- | --- |

(10)

‘house price index’ or ‘HPI’ means the index that measures changes in the transaction prices of dwellings purchased by households;

| (11) | ‘sub-index of the HICP or the HICP-CT’ means the price index for any category of the European classification of individual consumption according to purpose (ECOICOP) as set out in Annex I; |
| --- | --- |

(11)

‘sub-index of the HICP or the HICP-CT’ means the price index for any category of the European classification of individual consumption according to purpose (ECOICOP) as set out in Annex I;

| (12) | ‘harmonised indices’ means the HICP, the HICP-CT, the OOH price index and the HPI; |
| --- | --- |

(12)

‘harmonised indices’ means the HICP, the HICP-CT, the OOH price index and the HPI;

| (13) | ‘flash estimate of the HICP’ means an early estimate of the HICP provided by Member States whose currency is the euro that may be based on provisional information and, if necessary, appropriate modelling; |
| --- | --- |

(13)

‘flash estimate of the HICP’ means an early estimate of the HICP provided by Member States whose currency is the euro that may be based on provisional information and, if necessary, appropriate modelling;

| (14) | ‘Laspeyres-type index’ means the price index that measures the average change in prices from the price reference period to a comparison period using expenditure shares from a period prior to the price reference period, and where the expenditure shares are adjusted to reflect the prices of the price reference period.
  A ‘Laspeyres-type index’ is defined as:





  The price of a product is denoted by p, the price reference period is denoted by 0, and the comparison period is denoted by t. Weights (w) are expenditure shares of a period (b) prior to the price reference period, and are adjusted to reflect the prices of the price reference period 0; |
| --- | --- |

(14)

‘Laspeyres-type index’ means the price index that measures the average change in prices from the price reference period to a comparison period using expenditure shares from a period prior to the price reference period, and where the expenditure shares are adjusted to reflect the prices of the price reference period.

A ‘Laspeyres-type index’ is defined as:

Formula

The price of a product is denoted by p, the price reference period is denoted by 0, and the comparison period is denoted by t. Weights (w) are expenditure shares of a period (b) prior to the price reference period, and are adjusted to reflect the prices of the price reference period 0;

| (15) | ‘index reference period’ means the period for which the index is set to 100 index points; |
| --- | --- |

(15)

‘index reference period’ means the period for which the index is set to 100 index points;

| (16) | ‘price reference period’ means the period to which the price of the comparison period is compared; for monthly indices, the price reference period is December of the previous year, and for quarterly indices, the price reference period is the fourth quarter of the previous year; |
| --- | --- |

(16)

‘price reference period’ means the period to which the price of the comparison period is compared; for monthly indices, the price reference period is December of the previous year, and for quarterly indices, the price reference period is the fourth quarter of the previous year;

| (17) | ‘basic information’ means data covering:






  (a) | with reference to the HICP and the HICP-CT:






  (i) | purchase prices of products which need to be taken into account in order to compute sub-indices in accordance with this Regulation; |
| --- | --- | --- | --- |

(17)

‘basic information’ means data covering:

(a)

with reference to the HICP and the HICP-CT:

(i)

purchase prices of products which need to be taken into account in order to compute sub-indices in accordance with this Regulation;

| (ii) | characteristics that determine the product price; |
| --- | --- |

(ii)

characteristics that determine the product price;

| (iii) | information on taxes and excise duties levied; |
| --- | --- |

(iii)

information on taxes and excise duties levied;

| (iv) | information as to whether a price is fully or partially administered; and |
| --- | --- |

(iv)

information as to whether a price is fully or partially administered; and

| (v) | weights reflecting the level and structure of the consumption of the products concerned; |
| --- | --- |

(v)

weights reflecting the level and structure of the consumption of the products concerned;

| (b) | with reference to the OOH price index:






  (i) | transaction prices of dwellings new to the household sector and of other products that the households acquire in their role as owner-occupiers which need to be taken into account to compute the OOH price index in accordance with this Regulation; |
| --- | --- | --- |

(b)

with reference to the OOH price index:

(i)

transaction prices of dwellings new to the household sector and of other products that the households acquire in their role as owner-occupiers which need to be taken into account to compute the OOH price index in accordance with this Regulation;

| (ii) | characteristics which determine the dwelling price and the prices of other products that the households acquire in their role as owner-occupiers; and |
| --- | --- |

(ii)

characteristics which determine the dwelling price and the prices of other products that the households acquire in their role as owner-occupiers; and

| (iii) | weights reflecting the level and structure of the relevant housing expenditure categories; |
| --- | --- |

(iii)

weights reflecting the level and structure of the relevant housing expenditure categories;

| (c) | with reference to the HPI:






  (i) | transaction prices of dwellings purchased by households which need to be taken into account to compute the HPI in accordance with this Regulation; |
| --- | --- | --- |

(c)

with reference to the HPI:

(i)

transaction prices of dwellings purchased by households which need to be taken into account to compute the HPI in accordance with this Regulation;

| (ii) | characteristics which determine the dwelling price; and |
| --- | --- |

(ii)

characteristics which determine the dwelling price; and

| (iii) | weights reflecting the level and structure of the relevant housing expenditure categories; |
| --- | --- |

(iii)

weights reflecting the level and structure of the relevant housing expenditure categories;

| (18) | ‘household’ means a household as referred to in points (a) and (b) of paragraph 2.119 of Annex A to ESA 2010, irrespective of nationality or residence status; |
| --- | --- |

(18)

‘household’ means a household as referred to in points (a) and (b) of paragraph 2.119 of Annex A to ESA 2010, irrespective of nationality or residence status;

| (19) | ‘economic territory of the Member State’ means the economic territory as referred to in paragraph 2.05 of Annex A to ESA 2010, with the exception that the extraterritorial enclaves situated within the boundaries of the Member State are included and the territorial enclaves situated in the rest of the world are excluded; |
| --- | --- |

(19)

‘economic territory of the Member State’ means the economic territory as referred to in paragraph 2.05 of Annex A to ESA 2010, with the exception that the extraterritorial enclaves situated within the boundaries of the Member State are included and the territorial enclaves situated in the rest of the world are excluded;

| (20) | ‘household final monetary consumption expenditure’ means that part of final consumption expenditure incurred:






  — | by households, |
| --- | --- | --- |

(20)

‘household final monetary consumption expenditure’ means that part of final consumption expenditure incurred:

—

by households,

| — | in monetary transactions, |
| --- | --- |

—

in monetary transactions,

| — | on the economic territory of the Member State, |
| --- | --- |

—

on the economic territory of the Member State,

| — | on products that are used for the direct satisfaction of individual needs or wants, as defined in paragraph 3.101 of Annex A to ESA 2010, |
| --- | --- |

—

on products that are used for the direct satisfaction of individual needs or wants, as defined in paragraph 3.101 of Annex A to ESA 2010,

| — | in one or both of the time periods being compared; |
| --- | --- |

—

in one or both of the time periods being compared;

| (21) | ‘significant change in the production method’ means a change that is estimated to affect the annual rate of change of a given harmonised index or part thereof in any period by more than:






  (a) | 0,1 percentage points for the all-items HICP, HICP-CT, OOH price index or HPI; |
| --- | --- | --- |

(21)

‘significant change in the production method’ means a change that is estimated to affect the annual rate of change of a given harmonised index or part thereof in any period by more than:

(a)

0,1 percentage points for the all-items HICP, HICP-CT, OOH price index or HPI;

| (b) | 0,3, 0,4, 0,5 or 0,6 percentage points for any ECOICOP division, group, class or subclass (5-digit), respectively, for the HICP or the HICP-CT. |
| --- | --- |

(b)

0,3, 0,4, 0,5 or 0,6 percentage points for any ECOICOP division, group, class or subclass (5-digit), respectively, for the HICP or the HICP-CT.

Article 3

Compilation of the harmonised indices

1.   Member States shall provide the Commission (Eurostat) with the harmonised indices as defined in point (12) of Article 2.

2.   The harmonised indices shall be annually chain-linked Laspeyres-type indices.

3.   The HICP and the HICP-CT shall be based on the price changes and weights of products included in the household final monetary consumption expenditure.

4.   Neither the HICP nor the HICP-CT shall cover transactions between households, except in the case of rentals paid by tenants to private landlords, where the latter act as market producers of services purchased by households (tenants).

5.   The OOH price index shall be compiled, where possible and provided that the data are available, for the 10 years preceding the entry into force of this Regulation.

6.   Sub-indices of the HICP and of the HICP-CT shall be compiled for the categories of ECOICOP. The Commission shall adopt implementing acts specifying uniform conditions for the application of the ECOICOP for the purpose of the HICP and the HICP-CT. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 11(2).

7.   By 31 December 2018, the Commission shall prepare a report which shall address the suitability of the OOH price index for integration into the HICP coverage. Depending on the results of the report, the Commission shall, where appropriate, submit, within a reasonable timeframe, a proposal for amending this Regulation with regard to integrating the OOH price index into the HICP coverage. If the report establishes that further methodological developments are required for the integration of the OOH price index into the HICP coverage, the Commission shall pursue the methodological work and report to the European Parliament and to the Council on that work, as appropriate.

8.   The Commission shall adopt implementing acts specifying the breakdown of the flash estimate of the HICP provided by Member States whose currency is the euro. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 11(2).

9.   The Commission shall adopt implementing acts specifying the breakdowns of the OOH price index and of the HPI. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 11(2).

10.   Each year, Member States shall update sub-index weights for the harmonised indices. The Commission shall adopt implementing acts specifying uniform conditions for the quality of weights of the harmonised indices. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 11(2).

Article 4

Comparability of the harmonised indices

1.   For the harmonised indices to be considered comparable, any differences across Member States at all levels of detail shall only reflect differences in price changes or expenditure patterns.

2.   Any sub-indices of the harmonised indices that deviate from the concepts or methods of this Regulation shall be deemed comparable if they result in an index that is estimated to differ systematically by:

| (a) | less than or equal to 0,1 percentage points on average over one year against the previous year from an index compiled following the methodological approach of this Regulation, in the case of the HICP and the HICP-CT; |
| --- | --- |

(a)

less than or equal to 0,1 percentage points on average over one year against the previous year from an index compiled following the methodological approach of this Regulation, in the case of the HICP and the HICP-CT;

| (b) | less than or equal to one percentage point on average over one year against the previous year from an index compiled following the methodological approach of this Regulation, in the case of the OOH price index and the HPI. |
| --- | --- |

(b)

less than or equal to one percentage point on average over one year against the previous year from an index compiled following the methodological approach of this Regulation, in the case of the OOH price index and the HPI.

Where the calculations referred to in the first subparagraph are not possible, Member States shall set out in detail the consequences of using a methodology which deviates from the concepts or methods of this Regulation.

3.   The Commission shall be empowered to adopt delegated acts in accordance with Article 10 for the amendment of Annex I, in order to ensure comparability of the harmonised indices at international level in accordance with changes to the UN COICOP.

4.   In order to ensure uniform conditions in producing comparable harmonised indices, and for the purposes of achieving the objectives of this Regulation, the Commission shall adopt implementing acts further specifying improved methods based on voluntary pilot studies as referred to in Article 8, and the methodology. Those implementing acts shall concern:

| (i) | sampling and representativity; |
| --- | --- |

(i)

sampling and representativity;

| (ii) | collection and treatment of prices; |
| --- | --- |

(ii)

collection and treatment of prices;

| (iii) | replacements and quality adjustment; |
| --- | --- |

(iii)

replacements and quality adjustment;

| (iv) | index compilation; |
| --- | --- |

(iv)

index compilation;

| (v) | revisions; |
| --- | --- |

(v)

revisions;

| (vi) | special indices; |
| --- | --- |

(vi)

special indices;

| (vii) | treatment of products in specific areas. |
| --- | --- |

(vii)

treatment of products in specific areas.

The Commission shall ensure that those implementing acts do not impose a significant additional burden on the Member States or on the respondents.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 11(2).

5.   With a view to the production of the harmonised indices, in order to take account of technical developments in the statistical methods and based on the evaluation of the pilot studies referred to in Article 8(4), the Commission shall be empowered to amend, by means of delegated acts adopted in accordance with Article 10, the first subparagraph of paragraph 4 of this Article by adding items to the list set out therein, provided that such added items do not overlap with existing ones and do not change the scope or nature of harmonised indices as set out in this Regulation.

Article 5

Data requirements

1.   Basic information collected by Member States for the harmonised indices and their sub-indices shall be representative at Member State level.

2.   The information shall be obtained from statistical units as defined in Council Regulation (EEC) No 696/93 (8) or from other sources, provided that the comparability requirements for the harmonised indices referred to in Article 4 of this Regulation are met.

3.   The statistical units that provide information on products included in the household final monetary consumption expenditure shall cooperate in the collection or provision of basic information, as required. The statistical units shall give accurate and complete basic information to the national bodies responsible for compiling the harmonised indices.

4.   Upon the request of the national bodies responsible for compiling the harmonised indices, the statistical units shall provide, where available, electronic records of transactions, such as scanner data, and at the level of detail necessary in order to produce harmonised indices and to evaluate compliance with the comparability requirements and the quality of the harmonised indices.

5.   The common index reference period for the harmonised indices shall be 2015. That index reference period shall be used for the full time series of all harmonised indices and their sub-indices.

6.   The harmonised indices and their sub-indices shall be rescaled to a new common index reference period in the case of a major methodological change of the harmonised indices which is adopted in accordance with this Regulation, or every 10 years after the last rescaling starting from 2015. The rescaling to the new index reference period shall take effect:

| (a) | for monthly indices, with the index for January of the following year after the index reference period; |
| --- | --- |

(a)

for monthly indices, with the index for January of the following year after the index reference period;

| (b) | for quarterly indices, with the index for the first quarter of the following year after the index reference period. |
| --- | --- |

(b)

for quarterly indices, with the index for the first quarter of the following year after the index reference period.

The Commission shall adopt implementing acts establishing detailed rules on the rescaling of the harmonised indices. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 11(2).

7.   Member States shall not be required to produce and transmit:

| (a) | sub-indices of the HICP and of the HICP-CT accounting for less than one part in a thousand of the total expenditure; |
| --- | --- |

(a)

sub-indices of the HICP and of the HICP-CT accounting for less than one part in a thousand of the total expenditure;

| (b) | sub-indices of the OOH price index and of the HPI accounting for less than one part in a hundred of the total owner-occupier housing expenditure and total purchases of dwellings, respectively. |
| --- | --- |

(b)

sub-indices of the OOH price index and of the HPI accounting for less than one part in a hundred of the total owner-occupier housing expenditure and total purchases of dwellings, respectively.

8.   Member States shall not be required to produce the following sub-indices of ECOICOP, either because they are not included in the household final monetary consumption expenditure or because the degree of methodological harmonisation is not yet sufficient:

| 02.3 | Narcotics; |
| --- | --- |
| 09.4.3 | Games of chance; |
| 12.2 | Prostitution; |
| 12.5.1 | Life insurance; |
| 12.6.1 | FISIM. |

02.3

Narcotics;

09.4.3

Games of chance;

12.2

Prostitution;

12.5.1

Life insurance;

12.6.1

FISIM.

The Commission shall be empowered to adopt delegated acts in accordance with Article 10 to modify the list set out in this paragraph in order to include games of chance in the HICP and the HICP-CT.

Article 6

Frequency

1.   Member States shall provide the Commission (Eurostat) with the HICP, the HICP-CT and their respective sub-indices at monthly intervals, including those sub-indices produced at longer intervals.

2.   Member States shall provide the Commission (Eurostat) with the OOH price index and the HPI at quarterly intervals. They may be provided at monthly intervals on a voluntary basis.

3.   Member States shall not be required to produce sub-indices at monthly or quarterly intervals where less frequent data collection fulfils the comparability requirements of Article 4. Member States shall inform the Commission (Eurostat) of the ECOICOP, the OOH price index and the HPI categories for which they intend to collect data at intervals less frequent than monthly, in the case of ECOICOP categories, and quarterly, in the case of the OOH price index and the HPI categories.

4.   Each year, Member States shall provide the Commission (Eurostat) with updated sub-index weights for the harmonised indices.

Article 7

Deadlines, exchange standards and revisions

1.   Member States shall provide the Commission (Eurostat) with the harmonised indices and all sub-indices by no later than:

| (a) | 15 calendar days, for the February to December indices, and 20 calendar days, for the January indices, after the end of the month for which the indices are calculated; and |
| --- | --- |

(a)

15 calendar days, for the February to December indices, and 20 calendar days, for the January indices, after the end of the month for which the indices are calculated; and

| (b) | 85 calendar days after the end of the quarter for which the indices are calculated. |
| --- | --- |

(b)

85 calendar days after the end of the quarter for which the indices are calculated.

2.   Member States shall provide the Commission (Eurostat) with the updated weights by no later than:

| (a) | 13 February each year for the monthly indices; |
| --- | --- |

(a)

13 February each year for the monthly indices;

| (b) | 15 June each year for the quarterly indices. |
| --- | --- |

(b)

15 June each year for the quarterly indices.

3.   Member States whose currency is the euro shall provide the Commission (Eurostat) with the flash estimate of the HICP no later than the penultimate calendar day of the month to which the flash estimate refers.

4.   Member States shall provide the Commission (Eurostat) with the data and metadata required by this Regulation in accordance with data and metadata exchange standards.

5.   Harmonised indices and their sub-indices that have already been published may be revised.

6.   The Commission shall adopt implementing acts specifying in detail the data and metadata exchange standards referred to in paragraph 4, and the uniform conditions for the revision of harmonised indices and their sub-indices as referred to in paragraph 5. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 11(2).

Article 8

Pilot studies

1.   Whenever improved basic information is required for the compilation of the harmonised indices, or when the need for improved comparability of the harmonised indices is identified in the methods referred to in Article 4(4), the Commission (Eurostat) may launch pilot studies, to be carried out on a voluntary basis by Member States.

2.   The general budget of the Union shall, where appropriate, contribute to the financing of such pilot studies.

3.   The pilot studies shall assess the feasibility of obtaining improved basic information or adopting new methodological approaches.

4.   The results of the pilot studies shall be evaluated by the Commission (Eurostat) in close cooperation with Member States and the main users of the harmonised indices, taking into account the benefits of having improved basic information or new methodological approaches relative to the additional costs of production of harmonised indices.

5.   By 31 December 2020 and every five years thereafter, the Commission shall submit a report to the European Parliament and the Council evaluating, if applicable, the main findings of the pilot studies.

Article 9

Quality assurance

1.   Member States shall ensure the quality of the harmonised indices provided. For the purposes of this Regulation, the standard quality criteria set out in Article 12(1) of Regulation (EC) No 223/2009 shall apply.

2.   Member States shall provide the Commission (Eurostat) with:

| (a) | annual standard quality reports covering the quality criteria referred to in Article 12(1) of Regulation (EC) No 223/2009; |
| --- | --- |

(a)

annual standard quality reports covering the quality criteria referred to in Article 12(1) of Regulation (EC) No 223/2009;

| (b) | annually updated inventories containing details of data sources, definitions and methods used; |
| --- | --- |

(b)

annually updated inventories containing details of data sources, definitions and methods used;

| (c) | further related information at the level of detail necessary to evaluate compliance with the comparability requirements and the quality of the harmonised indices, if requested by the Commission (Eurostat). |
| --- | --- |

(c)

further related information at the level of detail necessary to evaluate compliance with the comparability requirements and the quality of the harmonised indices, if requested by the Commission (Eurostat).

3.   If a Member State intends to introduce a significant change in the production methods of the harmonised indices or a part thereof, the Member State shall inform the Commission (Eurostat) thereof at the latest three months before any such change would enter into force. The Member State shall provide the Commission (Eurostat) with a quantification of the impact of the change.

4.   The Commission shall adopt implementing acts establishing technical quality assurance requirements regarding the content of the annual standard quality reports, the deadline for providing the reports to the Commission (Eurostat) and the structure of the inventories and the deadline for providing the inventories to the Commission (Eurostat). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 11(2).

Article 10

Exercise of the delegation

1.   The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2.   When exercising the power delegated in Articles 4(3), 4(5) and 5(8), the Commission shall ensure that the delegated acts do not impose a significant additional burden on Member States or on the respondents.

In addition, the Commission shall duly justify the actions provided for in those delegated acts, considering, where appropriate, cost-effectiveness, including the burden on respondents and the production costs in accordance with Article 14(3) of Regulation (EC) No 223/2009.

The Commission shall follow its usual practice and carry out consultations with experts, including Member States' experts, before adopting those delegated acts.

3.   The power to adopt delegated acts referred to in Articles 4(3), 4(5) and 5(8) shall be conferred on the Commission for a period of five years as from 13 June 2016. The Commission shall draw up a report in respect of the delegation of power no later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension no later than three months before the end of each period.

4.   The delegation of power referred to in Articles 4(3), 4(5) and 5(8) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

5.   As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

6.   A delegated act adopted pursuant to Articles 4(3), 4(5) and 5(8) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of three months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by three months at the initiative of the European Parliament or of the Council.

Article 11

Committee procedure

1.   The Commission shall be assisted by the European Statistical System Committee established by Regulation (EC) No 223/2009. That Committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2.   Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Article 12

Repeal

1.   Without prejudice to paragraph 2, Member States shall continue to provide the harmonised indices in accordance with Regulation (EC) No 2494/95 up to the transmission of data relating to 2016.

2.   Regulation (EC) No 2494/95 is repealed with effect from 1 January 2017.

References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table set out in Annex II.

3.   When first adopting the implementing acts referred to in Articles 3(6), 3(9), 3(10), 4(4), 5(6) and 7(6), the Commission shall, to the extent compatible with this Regulation, incorporate the relevant provisions of Commission Regulation (EC) No 1749/96 (9), Commission Regulation (EC) No 2214/96 (10), Council Regulation (EC) No 1687/98 (11), Commission Regulation (EC) No 2646/98 (12), Commission Regulation (EC) No 1617/1999 (13), Council Regulation (EC) No 2166/1999 (14), Commission Regulation (EC) No 2601/2000 (15), Commission Regulation (EC) No 2602/2000 (16), Commission Regulation (EC) No 1920/2001 (17), Commission Regulation (EC) No 1921/2001 (18), Commission Regulation (EC) No 1708/2005 (19), Council Regulation (EC) No 701/2006 (20), Commission Regulation (EC) No 330/2009 (21), Commission Regulation (EU) No 1114/2010 (22) and Commission Regulation (EU) No 93/2013 (23) adopted on the basis of Regulation (EC) No 2494/95, whilst reducing, to the extent appropriate, the overall number of implementing acts. The Regulations adopted on the basis of Regulation (EC) No 2494/95 shall remain applicable for a transitional period. That transitional period shall end on the date of application of the implementing acts first adopted on the basis of Articles 3(6), 3(9), 3(10), 4(4), 5(6) and 7(6) of this Regulation, which shall be the same date for all of those implementing acts.

Article 13

Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Official Journal of the European Union

It shall apply for the first time to data relating to January 2017.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Strasbourg, 11 May 2016.

For the European Parliament

The President

M. SCHULZ

For the Council

The President

J.A. HENNIS-PLASSCHAERT

---

(1)  
  OJ C 175, 29.5.2015, p. 2.

1

(2)  Position of the European Parliament of 8 March 2016 (not yet published in the Official Journal) and decision of the Council of 21 April 2016.

2

(3)  Regulation (EU) No 1176/2011 of the European Parliament and of the Council of 16 November 2011 on the prevention and correction of macroeconomic imbalances (OJ L 306, 23.11.2011, p. 25).

3

(4)  Council Regulation (EC) No 2494/95 of 23 October 1995 concerning harmonised indices of consumer prices (OJ L 257, 27.10.1995, p. 1).

4

(5)  Regulation (EC) No 223/2009 of the European Parliament and of the Council of 11 March 2009 on European Statistics and repealing Regulation (EC, Euratom) No 1101/2008 of the European Parliament and of the Council on the transmission of data subject to statistical confidentiality to the Statistical Office of the European Communities, Council Regulation (EC) No 322/97 on Community Statistics, and Council Decision 89/382/EEC, Euratom establishing a Committee on the Statistical Programmes of the European Communities (OJ L 87, 31.3.2009, p. 164).

5

(6)  Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

6

(7)  Regulation (EU) No 549/2013 of the European Parliament and of the Council of 21 May 2013 on the European system of national and regional accounts in the European Union (OJ L 174, 26.6.2013, p. 1).

7

(8)  Council Regulation (EEC) No 696/93 of 15 March 1993 on the statistical units for the observation and analysis of the production system in the Community (OJ L 76, 30.3.1993, p. 1).

8

(9)  Commission Regulation (EC) No 1749/96 of 9 September 1996 on initial implementing measures for Council Regulation (EC) No 2494/95 concerning harmonized indices of consumer prices (OJ L 229, 10.9.1996, p. 3).

9

(10)  Commission Regulation (EC) No 2214/96 of 20 November 1996 concerning harmonized indices of consumer prices: transmission and dissemination of sub-indices of the HICP (OJ L 296, 21.11.1996, p. 8).

10

(11)  Council Regulation (EC) No 1687/98 of 20 July 1998 amending Commission Regulation (EC) No 1749/96 concerning the coverage of goods and services of the harmonised index of consumer prices (OJ L 214, 31.7.1998, p. 12).

11

(12)  Commission Regulation (EC) No 2646/98 of 9 December 1998 laying down detailed rules for the implementation of Council Regulation (EC) No 2494/95 as regards minimum standards for the treatment of tariffs in the Harmonized Index of Consumer Prices (OJ L 335, 10.12.1998, p. 30).

12

(13)  Commission Regulation (EC) No 1617/1999 of 23 July 1999 laying down detailed rules for the implementation of Council Regulation (EC) No 2494/95 — as regards minimum standards for the treatment of insurance in the Harmonized Index of Consumer Prices and modifying Commission Regulation (EC) No 2214/96 (OJ L 192, 24.7.1999, p. 9).

13

(14)  Council Regulation (EC) No 2166/1999 of 8 October 1999 laying down detailed rules for the implementation of Regulation (EC) No 2494/95 as regards minimum standards for the treatment of products in the health, education and social protection sectors in the Harmonised Index of Consumer Prices (OJ L 266, 14.10.1999, p. 1).

14

(15)  Commission Regulation (EC) No 2601/2000 of 17 November 2000 laying down detailed rules for the implementation of Council Regulation (EC) No 2494/95 as regards the timing of entering purchaser prices into the Harmonised Index of Consumer Prices (OJ L 300, 29.11.2000, p. 14).

15

(16)  Commission Regulation (EC) No 2602/2000 of 17 November 2000 laying down detailed rules for the implementation of Council Regulation (EC) No 2494/95 as regards minimum standards for the treatment of price reductions in the Harmonised Index of Consumer Prices (OJ L 300, 29.11.2000, p. 16).

16

(17)  Commission Regulation (EC) No 1920/2001 of 28 September 2001 laying down detailed rules for the implementation of Council Regulation (EC) No 2494/95 as regards minimum standards for the treatment of service charges proportional to transaction values in the harmonised index of consumer prices and amending Regulation (EC) No 2214/96 (OJ L 261, 29.9.2001, p. 46).

17

(18)  Commission Regulation (EC) No 1921/2001 of 28 September 2001 laying down detailed rules for the implementation of Council Regulation (EC) No 2494/95 as regards minimum standards for revisions of the harmonised index of consumer prices and amending Regulation (EC) No 2602/2000 (OJ L 261, 29.9.2001, p. 49).

18

(19)  Commission Regulation (EC) No 1708/2005 of 19 October 2005 laying down detailed rules for the implementation of Council Regulation (EC) No 2494/95 as regards the common index reference period for the harmonised index of consumer prices, and amending Regulation (EC) No 2214/96 (OJ L 274, 20.10.2005, p. 9).

19

(20)  Council Regulation (EC) No 701/2006 of 25 April 2006 laying down detailed rules for the implementation of Regulation (EC) No 2494/95 as regards the temporal coverage of price collection in the harmonised index of consumer prices (OJ L 122, 9.5.2006, p. 3).

20

(21)  Commission Regulation (EC) No 330/2009 of 22 April 2009 laying down detailed rules for the implementation of Council Regulation (EC) No 2494/95 as regards minimum standards for the treatment of seasonal products in the Harmonised Indices of Consumer Prices (HICP) (OJ L 103, 23.4.2009, p. 6).

21

(22)  Commission Regulation (EU) No 1114/2010 of 1 December 2010 laying down detailed rules for the implementation of Council Regulation (EC) No 2494/95 as regards minimum standards for the quality of HICP weightings and repealing Commission Regulation (EC) No 2454/97 (OJ L 316, 2.12.2010, p. 4).

22

(23)  Commission Regulation (EU) No 93/2013 of 1 February 2013 laying down detailed rules for the implementation of Council Regulation (EC) No 2494/95 concerning harmonised indices of consumer prices, as regards establishing owner-occupied housing price indices (OJ L 33, 2.2.2013, p. 14).

23

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ANNEX I

EUROPEAN CLASSIFICATION OF INDIVIDUAL CONSUMPTION ACCORDING TO PURPOSE (ECOICOP)

| 01 | FOOD AND NON-ALCOHOLIC BEVERAGES |
| --- | --- |
| 01.1 | Food |
| 01.1.1 | Bread and cereals |
| 01.1.1.1 | Rice |
| 01.1.1.2 | Flours and other cereals |
| 01.1.1.3 | Bread |
| 01.1.1.4 | Other bakery products |
| 01.1.1.5 | Pizza and quiche |
| 01.1.1.6 | Pasta products and couscous |
| 01.1.1.7 | Breakfast cereals |
| 01.1.1.8 | Other cereal products |
| 01.1.2 | Meat |
| 01.1.2.1 | Beef and veal |
| 01.1.2.2 | Pork |
| 01.1.2.3 | Lamb and goat |
| 01.1.2.4 | Poultry |
| 01.1.2.5 | Other meats |
| 01.1.2.6 | Edible offal |
| 01.1.2.7 | Dried, salted or smoked meat |
| 01.1.2.8 | Other meat preparations |
| 01.1.3 | Fish and seafood |
| 01.1.3.1 | Fresh or chilled fish |
| 01.1.3.2 | Frozen fish |
| 01.1.3.3 | Fresh or chilled seafood |
| 01.1.3.4 | Frozen seafood |
| 01.1.3.5 | Dried, smoked or salted fish and seafood |
| 01.1.3.6 | Other preserved or processed fish and seafood-based preparations |
| 01.1.4 | Milk, cheese and eggs |
| 01.1.4.1 | Fresh whole milk |
| 01.1.4.2 | Fresh low fat milk |
| 01.1.4.3 | Preserved milk |
| 01.1.4.4 | Yoghurt |
| 01.1.4.5 | Cheese and curd |
| 01.1.4.6 | Other milk products |
| 01.1.4.7 | Eggs |
| 01.1.5 | Oils and fats |
| 01.1.5.1 | Butter |
| 01.1.5.2 | Margarine and other vegetable fats |
| 01.1.5.3 | Olive oil |
| 01.1.5.4 | Other edible oils |
| 01.1.5.5 | Other edible animal fats |
| 01.1.6 | Fruit |
| 01.1.6.1 | Fresh or chilled fruit |
| 01.1.6.2 | Frozen fruit |
| 01.1.6.3 | Dried fruit and nuts |
| 01.1.6.4 | Preserved fruit and fruit-based products |
| 01.1.7 | Vegetables |
| 01.1.7.1 | Fresh or chilled vegetables other than potatoes and other tubers |
| 01.1.7.2 | Frozen vegetables other than potatoes and other tubers |
| 01.1.7.3 | Dried vegetables, other preserved or processed vegetables |
| 01.1.7.4 | Potatoes |
| 01.1.7.5 | Crisps |
| 01.1.7.6 | Other tubers and products of tuber vegetables |
| 01.1.8 | Sugar, jam, honey, chocolate and confectionery |
| 01.1.8.1 | Sugar |
| 01.1.8.2 | Jams, marmalades and honey |
| 01.1.8.3 | Chocolate |
| 01.1.8.4 | Confectionery products |
| 01.1.8.5 | Edible ices and ice cream |
| 01.1.8.6 | Artificial sugar substitutes |
| 01.1.9 | Food products n.e.c. |
| 01.1.9.1 | Sauces, condiments |
| 01.1.9.2 | Salt, spices and culinary herbs |
| 01.1.9.3 | Baby food |
| 01.1.9.4 | Ready-made meals |
| 01.1.9.9 | Other food products n.e.c. |
| 01.2 | Non-alcoholic beverages |
| 01.2.1 | Coffee, tea and cocoa |
| 01.2.1.1 | Coffee |
| 01.2.1.2 | Tea |
| 01.2.1.3 | Cocoa and powdered chocolate |
| 01.2.2 | Mineral waters, soft drinks, fruit and vegetable juices |
| 01.2.2.1 | Mineral or spring waters |
| 01.2.2.2 | Soft drinks |
| 01.2.2.3 | Fruit and vegetable juices |
| 02 | ALCOHOLIC BEVERAGES, TOBACCO AND NARCOTICS |
| 02.1 | Alcoholic beverages |
| 02.1.1 | Spirits |
| 02.1.1.1 | Spirits and liqueurs |
| 02.1.1.2 | Alcoholic soft drinks |
| 02.1.2 | Wine |
| 02.1.2.1 | Wine from grapes |
| 02.1.2.2 | Wine from other fruits |
| 02.1.2.3 | Fortified wines |
| 02.1.2.4 | Wine-based drinks |
| 02.1.3 | Beer |
| 02.1.3.1 | Lager beer |
| 02.1.3.2 | Other alcoholic beer |
| 02.1.3.3 | Low and non-alcoholic beer |
| 02.1.3.4 | Beer-based drinks |
| 02.2 | Tobacco |
| 02.2.0 | Tobacco |
| 02.2.0.1 | Cigarettes |
| 02.2.0.2 | Cigars |
| 02.2.0.3 | Other tobacco products |
| 02.3 | Narcotics |
| 02.3.0 | Narcotics |
| 02.3.0.0 | Narcotics |
| 03 | CLOTHING AND FOOTWEAR |
| 03.1 | Clothing |
| 03.1.1 | Clothing materials |
| 03.1.1.0 | Clothing materials |
| 03.1.2 | Garments |
| 03.1.2.1 | Garments for men |
| 03.1.2.2 | Garments for women |
| 03.1.2.3 | Garments for infants (0 to 2 years) and children (3 to 13 years) |
| 03.1.3 | Other articles of clothing and clothing accessories |
| 03.1.3.1 | Other articles of clothing |
| 03.1.3.2 | Clothing accessories |
| 03.1.4 | Cleaning, repair and hire of clothing |
| 03.1.4.1 | Cleaning of clothing |
| 03.1.4.2 | Repair and hire of clothing |
| 03.2 | Footwear |
| 03.2.1 | Shoes and other footwear |
| 03.2.1.1 | Footwear for men |
| 03.2.1.2 | Footwear for women |
| 03.2.1.3 | Footwear for infants and children |
| 03.2.2 | Repair and hire of footwear |
| 03.2.2.0 | Repair and hire of footwear |
| 04 | HOUSING, WATER, ELECTRICITY, GAS AND OTHER FUELS |
| 04.1 | Actual rentals for housing |
| 04.1.1 | Actual rentals paid by tenants |
| 04.1.1.0 | Actual rentals paid by tenants |
| 04.1.2 | Other actual rentals |
| 04.1.2.1 | Actual rentals paid by tenants for secondary residences |
| 04.1.2.2 | Garage rentals and other rentals paid by tenants |
| 04.2 | Imputed rentals for housing |
| 04.2.1 | Imputed rentals of owner-occupiers |
| 04.2.1.0 | Imputed rentals of owner-occupiers |
| 04.2.2 | Other imputed rentals |
| 04.2.2.0 | Other imputed rentals |
| 04.3 | Maintenance and repair of the dwelling |
| 04.3.1 | Materials for the maintenance and repair of the dwelling |
| 04.3.1.0 | Materials for the maintenance and repair of the dwelling |
| 04.3.2 | Services for the maintenance and repair of the dwelling |
| 04.3.2.1 | Services of plumbers |
| 04.3.2.2 | Services of electricians |
| 04.3.2.3 | Maintenance services for heating systems |
| 04.3.2.4 | Services of painters |
| 04.3.2.5 | Services of carpenters |
| 04.3.2.9 | Other services for maintenance and repair of the dwelling |
| 04.4 | Water supply and miscellaneous services relating to the dwelling |
| 04.4.1 | Water supply |
| 04.4.1.0 | Water supply |
| 04.4.2 | Refuse collection |
| 04.4.2.0 | Refuse collection |
| 04.4.3 | Sewage collection |
| 04.4.3.0 | Sewage collection |
| 04.4.4 | Other services relating to the dwelling n.e.c. |
| 04.4.4.1 | Maintenance charges in multi-occupied buildings |
| 04.4.4.2 | Security services |
| 04.4.4.9 | Other services related to dwelling |
| 04.5 | Electricity, gas and other fuels |
| 04.5.1 | Electricity |
| 04.5.1.0 | Electricity |
| 04.5.2 | Gas |
| 04.5.2.1 | Natural gas and town gas |
| 04.5.2.2 | Liquefied hydrocarbons (butane, propane, etc.) |
| 04.5.3 | Liquid fuels |
| 04.5.3.0 | Liquid fuels |
| 04.5.4 | Solid fuels |
| 04.5.4.1 | Coal |
| 04.5.4.9 | Other solid fuels |
| 04.5.5 | Heat energy |
| 04.5.5.0 | Heat energy |
| 05 | FURNISHINGS, HOUSEHOLD EQUIPMENT AND ROUTINE HOUSEHOLD MAINTENANCE |
| 05.1 | Furniture and furnishings, carpets and other floor coverings |
| 05.1.1 | Furniture and furnishings |
| 05.1.1.1 | Household furniture |
| 05.1.1.2 | Garden furniture |
| 05.1.1.3 | Lighting equipment |
| 05.1.1.9 | Other furniture and furnishings |
| 05.1.2 | Carpets and other floor coverings |
| 05.1.2.1 | Carpets and rugs |
| 05.1.2.2 | Other floor coverings |
| 05.1.2.3 | Services of laying of fitted carpets and floor coverings |
| 05.1.3 | Repair of furniture, furnishings and floor coverings |
| 05.1.3.0 | Repair of furniture, furnishings and floor coverings |
| 05.2 | Household textiles |
| 05.2.0 | Household textiles |
| 05.2.0.1 | Furnishing fabrics and curtains |
| 05.2.0.2 | Bed linen |
| 05.2.0.3 | Table linen and bathroom linen |
| 05.2.0.4 | Repair of household textiles |
| 05.2.0.9 | Other household textiles |
| 05.3 | Household appliances |
| 05.3.1 | Major household appliances whether electric or not |
| 05.3.1.1 | Refrigerators, freezers and fridge-freezers |
| 05.3.1.2 | Clothes washing machines, clothes drying machines and dish washing machines |
| 05.3.1.3 | Cookers |
| 05.3.1.4 | Heaters, air conditioners |
| 05.3.1.5 | Cleaning equipment |
| 05.3.1.9 | Other major household appliances |
| 05.3.2 | Small electric household appliances |
| 05.3.2.1 | Food processing appliances |
| 05.3.2.2 | Coffee machines, tea makers and similar appliances |
| 05.3.2.3 | Irons |
| 05.3.2.4 | Toasters and grills |
| 05.3.2.9 | Other small electric household appliances |
| 05.3.3 | Repair of household appliances |
| 05.3.3.0 | Repair of household appliances |
| 05.4 | Glassware, tableware and household utensils |
| 05.4.0 | Glassware, tableware and household utensils |
| 05.4.0.1 | Glassware, crystal-ware, ceramic ware and chinaware |
| 05.4.0.2 | Cutlery, flatware and silverware |
| 05.4.0.3 | Non-electric kitchen utensils and articles |
| 05.4.0.4 | Repair of glassware, tableware and household utensils |
| 05.5 | Tools and equipment for house and garden |
| 05.5.1 | Major tools and equipment |
| 05.5.1.1 | Motorised major tools and equipment |
| 05.5.1.2 | Repair, leasing and rental of major tools and equipment |
| 05.5.2 | Small tools and miscellaneous accessories |
| 05.5.2.1 | Non-motorised small tools |
| 05.5.2.2 | Miscellaneous small tool accessories |
| 05.5.2.3 | Repair of non-motorised small tools and miscellaneous accessories |
| 05.6 | Goods and services for routine household maintenance |
| 05.6.1 | Non-durable household goods |
| 05.6.1.1 | Cleaning and maintenance products |
| 05.6.1.2 | Other non-durable small household articles |
| 05.6.2 | Domestic services and household services |
| 05.6.2.1 | Domestic services by paid staff |
| 05.6.2.2 | Cleaning services |
| 05.6.2.3 | Hire of furniture and furnishings |
| 05.6.2.9 | Other domestic services and household services |
| 06 | HEALTH |
| 06.1 | Medical products, appliances and equipment |
| 06.1.1 | Pharmaceutical products |
| 06.1.1.0 | Pharmaceutical products |
| 06.1.2 | Other medical products |
| 06.1.2.1 | Pregnancy tests and mechanical contraceptive devices |
| 06.1.2.9 | Other medical products n.e.c. |
| 06.1.3 | Therapeutic appliances and equipment |
| 06.1.3.1 | Corrective eye-glasses and contact lenses |
| 06.1.3.2 | Hearing aids |
| 06.1.3.3 | Repair of therapeutic appliances and equipment |
| 06.1.3.9 | Other therapeutic appliances and equipment |
| 06.2 | Out-patient services |
| 06.2.1 | Medical services |
| 06.2.1.1 | General practice |
| 06.2.1.2 | Specialist practice |
| 06.2.2 | Dental services |
| 06.2.2.0 | Dental services |
| 06.2.3 | Paramedical services |
| 06.2.3.1 | Services of medical analysis laboratories and X-ray centres |
| 06.2.3.2 | Thermal-baths, corrective-gymnastic therapy, ambulance services and hire of therapeutic equipment |
| 06.2.3.9 | Other paramedical services |
| 06.3 | Hospital services |
| 06.3.0 | Hospital services |
| 06.3.0.0 | Hospital services |
| 07 | TRANSPORT |
| 07.1 | Purchase of vehicles |
| 07.1.1 | Motor cars |
| 07.1.1.1 | New motor cars |
| 07.1.1.2 | Second-hand motor cars |
| 07.1.2 | Motor cycles |
| 07.1.2.0 | Motor cycles |
| 07.1.3 | Bicycles |
| 07.1.3.0 | Bicycles |
| 07.1.4 | Animal drawn vehicles |
| 07.1.4.0 | Animal drawn vehicles |
| 07.2 | Operation of personal transport equipment |
| 07.2.1 | Spare parts and accessories for personal transport equipment |
| 07.2.1.1 | Tyres |
| 07.2.1.2 | Spare parts for personal transport equipment |
| 07.2.1.3 | Accessories for personal transport equipment |
| 07.2.2 | Fuels and lubricants for personal transport equipment |
| 07.2.2.1 | Diesel |
| 07.2.2.2 | Petrol |
| 07.2.2.3 | Other fuels for personal transport equipment |
| 07.2.2.4 | Lubricants |
| 07.2.3 | Maintenance and repair of personal transport equipment |
| 07.2.3.0 | Maintenance and repair of personal transport equipment |
| 07.2.4 | Other services in respect of personal transport equipment |
| 07.2.4.1 | Hire of garages, parking spaces and personal transport equipment |
| 07.2.4.2 | Toll facilities and parking meters |
| 07.2.4.3 | Driving lessons, tests, licences and road worthiness tests |
| 07.3 | Transport services |
| 07.3.1 | Passenger transport by railway |
| 07.3.1.1 | Passenger transport by train |
| 07.3.1.2 | Passenger transport by underground and tram |
| 07.3.2 | Passenger transport by road |
| 07.3.2.1 | Passenger transport by bus and coach |
| 07.3.2.2 | Passenger transport by taxi and hired car with driver |
| 07.3.3 | Passenger transport by air |
| 07.3.3.1 | Domestic flights |
| 07.3.3.2 | International flights |
| 07.3.4 | Passenger transport by sea and inland waterway |
| 07.3.4.1 | Passenger transport by sea |
| 07.3.4.2 | Passenger transport by inland waterway |
| 07.3.5 | Combined passenger transport |
| 07.3.5.0 | Combined passenger transport |
| 07.3.6 | Other purchased transport services |
| 07.3.6.1 | Funicular, cable-car and chair-lift transport |
| 07.3.6.2 | Removal and storage services |
| 07.3.6.9 | Other purchased transport services n.e.c. |
| 08 | COMMUNICATION |
| 08.1 | Postal services |
| 08.1.0 | Postal services |
| 08.1.0.1 | Letter handling services |
| 08.1.0.9 | Other postal services |
| 08.2 | Telephone and telefax equipment |
| 08.2.0 | Telephone and telefax equipment |
| 08.2.0.1 | Fixed telephone equipment |
| 08.2.0.2 | Mobile telephone equipment |
| 08.2.0.3 | Other equipment of telephone and telefax equipment |
| 08.2.0.4 | Repair of telephone or telefax equipment |
| 08.3 | Telephone and telefax services |
| 08.3.0 | Telephone and telefax services |
| 08.3.0.1 | Wired telephone services |
| 08.3.0.2 | Wireless telephone services |
| 08.3.0.3 | Internet access provision services |
| 08.3.0.4 | Bundled telecommunication services |
| 08.3.0.5 | Other information transmission services |
| 09 | RECREATION AND CULTURE |
| 09.1 | Audiovisual, photographic and information processing equipment |
| 09.1.1 | Equipment for the reception, recording and reproduction of sound and picture |
| 09.1.1.1 | Equipment for the reception, recording and reproduction of sound |
| 09.1.1.2 | Equipment for the reception, recording and reproduction of sound and vision |
| 09.1.1.3 | Portable sound and vision devices |
| 09.1.1.9 | Other equipment for the reception, recording and reproduction of sound and picture |
| 09.1.2 | Photographic and cinematographic equipment and optical instruments |
| 09.1.2.1 | Cameras |
| 09.1.2.2 | Accessories for photographic and cinematographic equipment |
| 09.1.2.3 | Optical instruments |
| 09.1.3 | Information processing equipment |
| 09.1.3.1 | Personal computers |
| 09.1.3.2 | Accessories for information processing equipment |
| 09.1.3.3 | Software |
| 09.1.3.4 | Calculators and other information processing equipment |
| 09.1.4 | Recording media |
| 09.1.4.1 | Pre-recorded recording media |
| 09.1.4.2 | Unrecorded recording media |
| 09.1.4.9 | Other recording media |
| 09.1.5 | Repair of audiovisual, photographic and information processing equipment |
| 09.1.5.0 | Repair of audiovisual, photographic and information processing equipment |
| 09.2 | Other major durables for recreation and culture |
| 09.2.1 | Major durables for outdoor recreation |
| 09.2.1.1 | Camper vans, caravans and trailers |
| 09.2.1.2 | Aeroplanes, microlight aircraft, gliders, hang-gliders and hot-air balloons |
| 09.2.1.3 | Boats, outboard motors and fitting out of boats |
| 09.2.1.4 | Horses, ponies and accessories |
| 09.2.1.5 | Major items for games and sport |
| 09.2.2 | Musical instruments and major durables for indoor recreation |
| 09.2.2.1 | Musical instruments |
| 09.2.2.2 | Major durables for indoor recreation |
| 09.2.3 | Maintenance and repair of other major durables for recreation and culture |
| 09.2.3.0 | Maintenance and repair of other major durables for recreation and culture |
| 09.3 | Other recreational items and equipment, gardens and pets |
| 09.3.1 | Games, toys and hobbies |
| 09.3.1.1 | Games and hobbies |
| 09.3.1.2 | Toys and celebration articles |
| 09.3.2 | Equipment for sport, camping and open-air recreation |
| 09.3.2.1 | Equipment for sport |
| 09.3.2.2 | Equipment for camping and open-air recreation |
| 09.3.2.3 | Repair of equipment for sport, camping and open-air recreation |
| 09.3.3 | Gardens, plants and flowers |
| 09.3.3.1 | Garden products |
| 09.3.3.2 | Plants and flowers |
| 09.3.4 | Pets and related products |
| 09.3.4.1 | Purchase of pets |
| 09.3.4.2 | Products for pets |
| 09.3.5 | Veterinary and other services for pets |
| 09.3.5.0 | Veterinary and other services for pets |
| 09.4 | Recreational and cultural services |
| 09.4.1 | Recreational and sporting services |
| 09.4.1.1 | Recreational and sporting services — Attendance |
| 09.4.1.2 | Recreational and sporting services — Participation |
| 09.4.2 | Cultural services |
| 09.4.2.1 | Cinemas, theatres, concerts |
| 09.4.2.2 | Museums, libraries, zoological gardens |
| 09.4.2.3 | Television and radio licence fees, subscriptions |
| 09.4.2.4 | Hire of equipment and accessories for culture |
| 09.4.2.5 | Photographic services |
| 09.4.2.9 | Other cultural services |
| 09.4.3 | Games of chance |
| 09.4.3.0 | Games of chance |
| 09.5 | Newspapers, books and stationery |
| 09.5.1 | Books |
| 09.5.1.1 | Fiction books |
| 09.5.1.2 | Educational text books |
| 09.5.1.3 | Other non-fiction books |
| 09.5.1.4 | Binding services and E-book downloads |
| 09.5.2 | Newspapers and periodicals |
| 09.5.2.1 | Newspapers |
| 09.5.2.2 | Magazines and periodicals |
| 09.5.3 | Miscellaneous printed matter |
| 09.5.3.0 | Miscellaneous printed matter |
| 09.5.4 | Stationery and drawing materials |
| 09.5.4.1 | Paper products |
| 09.5.4.9 | Other stationery and drawing materials |
| 09.6 | Package holidays |
| 09.6.0 | Package holidays |
| 09.6.0.1 | Package domestic holidays |
| 09.6.0.2 | Package international holidays |
| 10 | EDUCATION |
| 10.1 | Pre-primary and primary education |
| 10.1.0 | Pre-primary and primary education |
| 10.1.0.1 | Pre-primary education (ISCED-97 level 0) |
| 10.1.0.2 | Primary education (ISCED-97 level 1) |
| 10.2 | Secondary education |
| 10.2.0 | Secondary education |
| 10.2.0.0 | Secondary education |
| 10.3 | Post-secondary non-tertiary education |
| 10.3.0 | Post-secondary non-tertiary education |
| 10.3.0.0 | Post-secondary non-tertiary education (ISCED-97 level 4) |
| 10.4 | Tertiary education |
| 10.4.0 | Tertiary education |
| 10.4.0.0 | Tertiary education |
| 10.5 | Education not definable by level |
| 10.5.0 | Education not definable by level |
| 10.5.0.0 | Education not definable by level |
| 11 | RESTAURANTS AND HOTELS |
| 11.1 | Catering services |
| 11.1.1 | Restaurants, cafés and the like |
| 11.1.1.1 | Restaurants, cafés and dancing establishments |
| 11.1.1.2 | Fast food and take away food services |
| 11.1.2 | Canteens |
| 11.1.2.0 | Canteens |
| 11.2 | Accommodation services |
| 11.2.0 | Accommodation services |
| 11.2.0.1 | Hotels, motels, inns and similar accommodation services |
| 11.2.0.2 | Holiday centres, camping sites, youth hostels and similar accommodation services |
| 11.2.0.3 | Accommodation services of other establishments |
| 12 | MISCELLANEOUS GOODS AND SERVICES |
| 12.1 | Personal care |
| 12.1.1 | Hairdressing salons and personal grooming establishments |
| 12.1.1.1 | Hairdressing for men and children |
| 12.1.1.2 | Hairdressing for women |
| 12.1.1.3 | Personal grooming treatments |
| 12.1.2 | Electric appliances for personal care |
| 12.1.2.1 | Electric appliances for personal care |
| 12.1.2.2 | Repair of electric appliances for personal care |
| 12.1.3 | Other appliances, articles and products for personal care |
| 12.1.3.1 | Non-electrical appliances |
| 12.1.3.2 | Articles for personal hygiene and wellness, esoteric products and beauty products |
| 12.2 | Prostitution |
| 12.2.0 | Prostitution |
| 12.2.0.0 | Prostitution |
| 12.3 | Personal effects n.e.c. |
| 12.3.1 | Jewellery, clocks and watches |
| 12.3.1.1 | Jewellery |
| 12.3.1.2 | Clocks and watches |
| 12.3.1.3 | Repair of jewellery, clocks and watches |
| 12.3.2 | Other personal effects |
| 12.3.2.1 | Travel goods |
| 12.3.2.2 | Articles for babies |
| 12.3.2.3 | Repair of other personal effects |
| 12.3.2.9 | Other personal effects n.e.c. |
| 12.4 | Social protection |
| 12.4.0 | Social protection |
| 12.4.0.1 | Child care services |
| 12.4.0.2 | Retirement homes for elderly persons and residences for disabled persons |
| 12.4.0.3 | Services to maintain people in their private homes |
| 12.4.0.4 | Counselling |
| 12.5 | Insurance |
| 12.5.1 | Life insurance |
| 12.5.1.0 | Life insurance |
| 12.5.2 | Insurance connected with the dwelling |
| 12.5.2.0 | Insurance connected with the dwelling |
| 12.5.3 | Insurance connected with health |
| 12.5.3.1 | Public insurance connected with health |
| 12.5.3.2 | Private insurance connected with health |
| 12.5.4 | Insurance connected with transport |
| 12.5.4.1 | Motor vehicle insurance |
| 12.5.4.2 | Travel insurance |
| 12.5.5 | Other insurance |
| 12.5.5.0 | Other insurance |
| 12.6 | Financial services n.e.c. |
| 12.6.1 | FISIM |
| 12.6.1.0 | FISIM |
| 12.6.2 | Other financial services n.e.c. |
| 12.6.2.1 | Charges by banks and post offices |
| 12.6.2.2 | Fees and service charges of brokers, investment counsellors |
| 12.7 | Other services n.e.c. |
| 12.7.0 | Other services n.e.c. |
| 12.7.0.1 | Administrative fees |
| 12.7.0.2 | Legal services and accountancy |
| 12.7.0.3 | Funeral services |
| 12.7.0.4 | Other fees and services |

01

FOOD AND NON-ALCOHOLIC BEVERAGES

01.1

Food

01.1.1

Bread and cereals

01.1.1.1

Rice

01.1.1.2

Flours and other cereals

01.1.1.3

Bread

01.1.1.4

Other bakery products

01.1.1.5

Pizza and quiche

01.1.1.6

Pasta products and couscous

01.1.1.7

Breakfast cereals

01.1.1.8

Other cereal products

01.1.2

Meat

01.1.2.1

Beef and veal

01.1.2.2

Pork

01.1.2.3

Lamb and goat

01.1.2.4

Poultry

01.1.2.5

Other meats

01.1.2.6

Edible offal

01.1.2.7

Dried, salted or smoked meat

01.1.2.8

Other meat preparations

01.1.3

Fish and seafood

01.1.3.1

Fresh or chilled fish

01.1.3.2

Frozen fish

01.1.3.3

Fresh or chilled seafood

01.1.3.4

Frozen seafood

01.1.3.5

Dried, smoked or salted fish and seafood

01.1.3.6

Other preserved or processed fish and seafood-based preparations

01.1.4

Milk, cheese and eggs

01.1.4.1

Fresh whole milk

01.1.4.2

Fresh low fat milk

01.1.4.3

Preserved milk

01.1.4.4

Yoghurt

01.1.4.5

Cheese and curd

01.1.4.6

Other milk products

01.1.4.7

Eggs

01.1.5

Oils and fats

01.1.5.1

Butter

01.1.5.2

Margarine and other vegetable fats

01.1.5.3

Olive oil

01.1.5.4

Other edible oils

01.1.5.5

Other edible animal fats

01.1.6

Fruit

01.1.6.1

Fresh or chilled fruit

01.1.6.2

Frozen fruit

01.1.6.3

Dried fruit and nuts

01.1.6.4

Preserved fruit and fruit-based products

01.1.7

Vegetables

01.1.7.1

Fresh or chilled vegetables other than potatoes and other tubers

01.1.7.2

Frozen vegetables other than potatoes and other tubers

01.1.7.3

Dried vegetables, other preserved or processed vegetables

01.1.7.4

Potatoes

01.1.7.5

Crisps

01.1.7.6

Other tubers and products of tuber vegetables

01.1.8

Sugar, jam, honey, chocolate and confectionery

01.1.8.1

Sugar

01.1.8.2

Jams, marmalades and honey

01.1.8.3

Chocolate

01.1.8.4

Confectionery products

01.1.8.5

Edible ices and ice cream

01.1.8.6

Artificial sugar substitutes

01.1.9

Food products n.e.c.

01.1.9.1

Sauces, condiments

01.1.9.2

Salt, spices and culinary herbs

01.1.9.3

Baby food

01.1.9.4

Ready-made meals

01.1.9.9

Other food products n.e.c.

01.2

Non-alcoholic beverages

01.2.1

Coffee, tea and cocoa

01.2.1.1

Coffee

01.2.1.2

Tea

01.2.1.3

Cocoa and powdered chocolate

01.2.2

Mineral waters, soft drinks, fruit and vegetable juices

01.2.2.1

Mineral or spring waters

01.2.2.2

Soft drinks

01.2.2.3

Fruit and vegetable juices

02

ALCOHOLIC BEVERAGES, TOBACCO AND NARCOTICS

02.1

Alcoholic beverages

02.1.1

Spirits

02.1.1.1

Spirits and liqueurs

02.1.1.2

Alcoholic soft drinks

02.1.2

Wine

02.1.2.1

Wine from grapes

02.1.2.2

Wine from other fruits

02.1.2.3

Fortified wines

02.1.2.4

Wine-based drinks

02.1.3

Beer

02.1.3.1

Lager beer

02.1.3.2

Other alcoholic beer

02.1.3.3

Low and non-alcoholic beer

02.1.3.4

Beer-based drinks

02.2

Tobacco

02.2.0

Tobacco

02.2.0.1

Cigarettes

02.2.0.2

Cigars

02.2.0.3

Other tobacco products

02.3

Narcotics

02.3.0

Narcotics

02.3.0.0

Narcotics

03

CLOTHING AND FOOTWEAR

03.1

Clothing

03.1.1

Clothing materials

03.1.1.0

Clothing materials

03.1.2

Garments

03.1.2.1

Garments for men

03.1.2.2

Garments for women

03.1.2.3

Garments for infants (0 to 2 years) and children (3 to 13 years)

03.1.3

Other articles of clothing and clothing accessories

03.1.3.1

Other articles of clothing

03.1.3.2

Clothing accessories

03.1.4

Cleaning, repair and hire of clothing

03.1.4.1

Cleaning of clothing

03.1.4.2

Repair and hire of clothing

03.2

Footwear

03.2.1

Shoes and other footwear

03.2.1.1

Footwear for men

03.2.1.2

Footwear for women

03.2.1.3

Footwear for infants and children

03.2.2

Repair and hire of footwear

03.2.2.0

Repair and hire of footwear

04

HOUSING, WATER, ELECTRICITY, GAS AND OTHER FUELS

04.1

Actual rentals for housing

04.1.1

Actual rentals paid by tenants

04.1.1.0

Actual rentals paid by tenants

04.1.2

Other actual rentals

04.1.2.1

Actual rentals paid by tenants for secondary residences

04.1.2.2

Garage rentals and other rentals paid by tenants

04.2

Imputed rentals for housing

04.2.1

Imputed rentals of owner-occupiers

04.2.1.0

Imputed rentals of owner-occupiers

04.2.2

Other imputed rentals

04.2.2.0

Other imputed rentals

04.3

Maintenance and repair of the dwelling

04.3.1

Materials for the maintenance and repair of the dwelling

04.3.1.0

Materials for the maintenance and repair of the dwelling

04.3.2

Services for the maintenance and repair of the dwelling

04.3.2.1

Services of plumbers

04.3.2.2

Services of electricians

04.3.2.3

Maintenance services for heating systems

04.3.2.4

Services of painters

04.3.2.5

Services of carpenters

04.3.2.9

Other services for maintenance and repair of the dwelling

04.4

Water supply and miscellaneous services relating to the dwelling

04.4.1

Water supply

04.4.1.0

Water supply

04.4.2

Refuse collection

04.4.2.0

Refuse collection

04.4.3

Sewage collection

04.4.3.0

Sewage collection

04.4.4

Other services relating to the dwelling n.e.c.

04.4.4.1

Maintenance charges in multi-occupied buildings

04.4.4.2

Security services

04.4.4.9

Other services related to dwelling

04.5

Electricity, gas and other fuels

04.5.1

Electricity

04.5.1.0

Electricity

04.5.2

Gas

04.5.2.1

Natural gas and town gas

04.5.2.2

Liquefied hydrocarbons (butane, propane, etc.)

04.5.3

Liquid fuels

04.5.3.0

Liquid fuels

04.5.4

Solid fuels

04.5.4.1

Coal

04.5.4.9

Other solid fuels

04.5.5

Heat energy

04.5.5.0

Heat energy

05

FURNISHINGS, HOUSEHOLD EQUIPMENT AND ROUTINE HOUSEHOLD MAINTENANCE

05.1

Furniture and furnishings, carpets and other floor coverings

05.1.1

Furniture and furnishings

05.1.1.1

Household furniture

05.1.1.2

Garden furniture

05.1.1.3

Lighting equipment

05.1.1.9

Other furniture and furnishings

05.1.2

Carpets and other floor coverings

05.1.2.1

Carpets and rugs

05.1.2.2

Other floor coverings

05.1.2.3

Services of laying of fitted carpets and floor coverings

05.1.3

Repair of furniture, furnishings and floor coverings

05.1.3.0

Repair of furniture, furnishings and floor coverings

05.2

Household textiles

05.2.0

Household textiles

05.2.0.1

Furnishing fabrics and curtains

05.2.0.2

Bed linen

05.2.0.3

Table linen and bathroom linen

05.2.0.4

Repair of household textiles

05.2.0.9

Other household textiles

05.3

Household appliances

05.3.1

Major household appliances whether electric or not

05.3.1.1

Refrigerators, freezers and fridge-freezers

05.3.1.2

Clothes washing machines, clothes drying machines and dish washing machines

05.3.1.3

Cookers

05.3.1.4

Heaters, air conditioners

05.3.1.5

Cleaning equipment

05.3.1.9

Other major household appliances

05.3.2

Small electric household appliances

05.3.2.1

Food processing appliances

05.3.2.2

Coffee machines, tea makers and similar appliances

05.3.2.3

Irons

05.3.2.4

Toasters and grills

05.3.2.9

Other small electric household appliances

05.3.3

Repair of household appliances

05.3.3.0

Repair of household appliances

05.4

Glassware, tableware and household utensils

05.4.0

Glassware, tableware and household utensils

05.4.0.1

Glassware, crystal-ware, ceramic ware and chinaware

05.4.0.2

Cutlery, flatware and silverware

05.4.0.3

Non-electric kitchen utensils and articles

05.4.0.4

Repair of glassware, tableware and household utensils

05.5

Tools and equipment for house and garden

05.5.1

Major tools and equipment

05.5.1.1

Motorised major tools and equipment

05.5.1.2

Repair, leasing and rental of major tools and equipment

05.5.2

Small tools and miscellaneous accessories

05.5.2.1

Non-motorised small tools

05.5.2.2

Miscellaneous small tool accessories

05.5.2.3

Repair of non-motorised small tools and miscellaneous accessories

05.6

Goods and services for routine household maintenance

05.6.1

Non-durable household goods

05.6.1.1

Cleaning and maintenance products

05.6.1.2

Other non-durable small household articles

05.6.2

Domestic services and household services

05.6.2.1

Domestic services by paid staff

05.6.2.2

Cleaning services

05.6.2.3

Hire of furniture and furnishings

05.6.2.9

Other domestic services and household services

06

HEALTH

06.1

Medical products, appliances and equipment

06.1.1

Pharmaceutical products

06.1.1.0

Pharmaceutical products

06.1.2

Other medical products

06.1.2.1

Pregnancy tests and mechanical contraceptive devices

06.1.2.9

Other medical products n.e.c.

06.1.3

Therapeutic appliances and equipment

06.1.3.1

Corrective eye-glasses and contact lenses

06.1.3.2

Hearing aids

06.1.3.3

Repair of therapeutic appliances and equipment

06.1.3.9

Other therapeutic appliances and equipment

06.2

Out-patient services

06.2.1

Medical services

06.2.1.1

General practice

06.2.1.2

Specialist practice

06.2.2

Dental services

06.2.2.0

Dental services

06.2.3

Paramedical services

06.2.3.1

Services of medical analysis laboratories and X-ray centres

06.2.3.2

Thermal-baths, corrective-gymnastic therapy, ambulance services and hire of therapeutic equipment

06.2.3.9

Other paramedical services

06.3

Hospital services

06.3.0

Hospital services

06.3.0.0

Hospital services

07

TRANSPORT

07.1

Purchase of vehicles

07.1.1

Motor cars

07.1.1.1

New motor cars

07.1.1.2

Second-hand motor cars

07.1.2

Motor cycles

07.1.2.0

Motor cycles

07.1.3

Bicycles

07.1.3.0

Bicycles

07.1.4

Animal drawn vehicles

07.1.4.0

Animal drawn vehicles

07.2

Operation of personal transport equipment

07.2.1

Spare parts and accessories for personal transport equipment

07.2.1.1

Tyres

07.2.1.2

Spare parts for personal transport equipment

07.2.1.3

Accessories for personal transport equipment

07.2.2

Fuels and lubricants for personal transport equipment

07.2.2.1

Diesel

07.2.2.2

Petrol

07.2.2.3

Other fuels for personal transport equipment

07.2.2.4

Lubricants

07.2.3

Maintenance and repair of personal transport equipment

07.2.3.0

Maintenance and repair of personal transport equipment

07.2.4

Other services in respect of personal transport equipment

07.2.4.1

Hire of garages, parking spaces and personal transport equipment

07.2.4.2

Toll facilities and parking meters

07.2.4.3

Driving lessons, tests, licences and road worthiness tests

07.3

Transport services

07.3.1

Passenger transport by railway

07.3.1.1

Passenger transport by train

07.3.1.2

Passenger transport by underground and tram

07.3.2

Passenger transport by road

07.3.2.1

Passenger transport by bus and coach

07.3.2.2

Passenger transport by taxi and hired car with driver

07.3.3

Passenger transport by air

07.3.3.1

Domestic flights

07.3.3.2

International flights

07.3.4

Passenger transport by sea and inland waterway

07.3.4.1

Passenger transport by sea

07.3.4.2

Passenger transport by inland waterway

07.3.5

Combined passenger transport

07.3.5.0

Combined passenger transport

07.3.6

Other purchased transport services

07.3.6.1

Funicular, cable-car and chair-lift transport

07.3.6.2

Removal and storage services

07.3.6.9

Other purchased transport services n.e.c.

08

COMMUNICATION

08.1

Postal services

08.1.0

Postal services

08.1.0.1

Letter handling services

08.1.0.9

Other postal services

08.2

Telephone and telefax equipment

08.2.0

Telephone and telefax equipment

08.2.0.1

Fixed telephone equipment

08.2.0.2

Mobile telephone equipment

08.2.0.3

Other equipment of telephone and telefax equipment

08.2.0.4

Repair of telephone or telefax equipment

08.3

Telephone and telefax services

08.3.0

Telephone and telefax services

08.3.0.1

Wired telephone services

08.3.0.2

Wireless telephone services

08.3.0.3

Internet access provision services

08.3.0.4

Bundled telecommunication services

08.3.0.5

Other information transmission services

09

RECREATION AND CULTURE

09.1

Audiovisual, photographic and information processing equipment

09.1.1

Equipment for the reception, recording and reproduction of sound and picture

09.1.1.1

Equipment for the reception, recording and reproduction of sound

09.1.1.2

Equipment for the reception, recording and reproduction of sound and vision

09.1.1.3

Portable sound and vision devices

09.1.1.9

Other equipment for the reception, recording and reproduction of sound and picture

09.1.2

Photographic and cinematographic equipment and optical instruments

09.1.2.1

Cameras

09.1.2.2

Accessories for photographic and cinematographic equipment

09.1.2.3

Optical instruments

09.1.3

Information processing equipment

09.1.3.1

Personal computers

09.1.3.2

Accessories for information processing equipment

09.1.3.3

Software

09.1.3.4

Calculators and other information processing equipment

09.1.4

Recording media

09.1.4.1

Pre-recorded recording media

09.1.4.2

Unrecorded recording media

09.1.4.9

Other recording media

09.1.5

Repair of audiovisual, photographic and information processing equipment

09.1.5.0

Repair of audiovisual, photographic and information processing equipment

09.2

Other major durables for recreation and culture

09.2.1

Major durables for outdoor recreation

09.2.1.1

Camper vans, caravans and trailers

09.2.1.2

Aeroplanes, microlight aircraft, gliders, hang-gliders and hot-air balloons

09.2.1.3

Boats, outboard motors and fitting out of boats

09.2.1.4

Horses, ponies and accessories

09.2.1.5

Major items for games and sport

09.2.2

Musical instruments and major durables for indoor recreation

09.2.2.1

Musical instruments

09.2.2.2

Major durables for indoor recreation

09.2.3

Maintenance and repair of other major durables for recreation and culture

09.2.3.0

Maintenance and repair of other major durables for recreation and culture

09.3

Other recreational items and equipment, gardens and pets

09.3.1

Games, toys and hobbies

09.3.1.1

Games and hobbies

09.3.1.2

Toys and celebration articles

09.3.2

Equipment for sport, camping and open-air recreation

09.3.2.1

Equipment for sport

09.3.2.2

Equipment for camping and open-air recreation

09.3.2.3

Repair of equipment for sport, camping and open-air recreation

09.3.3

Gardens, plants and flowers

09.3.3.1

Garden products

09.3.3.2

Plants and flowers

09.3.4

Pets and related products

09.3.4.1

Purchase of pets

09.3.4.2

Products for pets

09.3.5

Veterinary and other services for pets

09.3.5.0

Veterinary and other services for pets

09.4

Recreational and cultural services

09.4.1

Recreational and sporting services

09.4.1.1

Recreational and sporting services — Attendance

09.4.1.2

Recreational and sporting services — Participation

09.4.2

Cultural services

09.4.2.1

Cinemas, theatres, concerts

09.4.2.2

Museums, libraries, zoological gardens

09.4.2.3

Television and radio licence fees, subscriptions

09.4.2.4

Hire of equipment and accessories for culture

09.4.2.5

Photographic services

09.4.2.9

Other cultural services

09.4.3

Games of chance

09.4.3.0

Games of chance

09.5

Newspapers, books and stationery

09.5.1

Books

09.5.1.1

Fiction books

09.5.1.2

Educational text books

09.5.1.3

Other non-fiction books

09.5.1.4

Binding services and E-book downloads

09.5.2

Newspapers and periodicals

09.5.2.1

Newspapers

09.5.2.2

Magazines and periodicals

09.5.3

Miscellaneous printed matter

09.5.3.0

Miscellaneous printed matter

09.5.4

Stationery and drawing materials

09.5.4.1

Paper products

09.5.4.9

Other stationery and drawing materials

09.6

Package holidays

09.6.0

Package holidays

09.6.0.1

Package domestic holidays

09.6.0.2

Package international holidays

10

EDUCATION

10.1

Pre-primary and primary education

10.1.0

Pre-primary and primary education

10.1.0.1

Pre-primary education (ISCED-97 level 0)

10.1.0.2

Primary education (ISCED-97 level 1)

10.2

Secondary education

10.2.0

Secondary education

10.2.0.0

Secondary education

10.3

Post-secondary non-tertiary education

10.3.0

Post-secondary non-tertiary education

10.3.0.0

Post-secondary non-tertiary education (ISCED-97 level 4)

10.4

Tertiary education

10.4.0

Tertiary education

10.4.0.0

Tertiary education

10.5

Education not definable by level

10.5.0

Education not definable by level

10.5.0.0

Education not definable by level

11

RESTAURANTS AND HOTELS

11.1

Catering services

11.1.1

Restaurants, cafés and the like

11.1.1.1

Restaurants, cafés and dancing establishments

11.1.1.2

Fast food and take away food services

11.1.2

Canteens

11.1.2.0

Canteens

11.2

Accommodation services

11.2.0

Accommodation services

11.2.0.1

Hotels, motels, inns and similar accommodation services

11.2.0.2

Holiday centres, camping sites, youth hostels and similar accommodation services

11.2.0.3

Accommodation services of other establishments

12

MISCELLANEOUS GOODS AND SERVICES

12.1

Personal care

12.1.1

Hairdressing salons and personal grooming establishments

12.1.1.1

Hairdressing for men and children

12.1.1.2

Hairdressing for women

12.1.1.3

Personal grooming treatments

12.1.2

Electric appliances for personal care

12.1.2.1

Electric appliances for personal care

12.1.2.2

Repair of electric appliances for personal care

12.1.3

Other appliances, articles and products for personal care

12.1.3.1

Non-electrical appliances

12.1.3.2

Articles for personal hygiene and wellness, esoteric products and beauty products

12.2

Prostitution

12.2.0

Prostitution

12.2.0.0

Prostitution

12.3

Personal effects n.e.c.

12.3.1

Jewellery, clocks and watches

12.3.1.1

Jewellery

12.3.1.2

Clocks and watches

12.3.1.3

Repair of jewellery, clocks and watches

12.3.2

Other personal effects

12.3.2.1

Travel goods

12.3.2.2

Articles for babies

12.3.2.3

Repair of other personal effects

12.3.2.9

Other personal effects n.e.c.

12.4

Social protection

12.4.0

Social protection

12.4.0.1

Child care services

12.4.0.2

Retirement homes for elderly persons and residences for disabled persons

12.4.0.3

Services to maintain people in their private homes

12.4.0.4

Counselling

12.5

Insurance

12.5.1

Life insurance

12.5.1.0

Life insurance

12.5.2

Insurance connected with the dwelling

12.5.2.0

Insurance connected with the dwelling

12.5.3

Insurance connected with health

12.5.3.1

Public insurance connected with health

12.5.3.2

Private insurance connected with health

12.5.4

Insurance connected with transport

12.5.4.1

Motor vehicle insurance

12.5.4.2

Travel insurance

12.5.5

Other insurance

12.5.5.0

Other insurance

12.6

Financial services n.e.c.

12.6.1

FISIM

12.6.1.0

FISIM

12.6.2

Other financial services n.e.c.

12.6.2.1

Charges by banks and post offices

12.6.2.2

Fees and service charges of brokers, investment counsellors

12.7

Other services n.e.c.

12.7.0

Other services n.e.c.

12.7.0.1

Administrative fees

12.7.0.2

Legal services and accountancy

12.7.0.3

Funeral services

12.7.0.4

Other fees and services

---

ANNEX II

Correlation table

| Regulation (EC) No 2494/95 | This Regulation |
| --- | --- |
| Article 1 | Article 1 |
| Article 2, point (a) | Article 2, point (6) |
| Article 2, point (b) | — |
| Article 2, point (c) | — |
| Article 3 | Article 3(3) and (10) |
| Article 4 | Article 4(1), (2) and (4) |
| Article 5(1)(b) | Article 5(5) and (6) |
| Article 5(3) | Article 4(4) |
| Article 6 | Article 5(1) and (2) |
| Article 7 | Article 5(3) |
| Article 8 | Article 6(1), (3) and (4) |
| Article 9 | Article 3(1), (2) and (6) |
| Article 10 | Article 7(1) |
| Article 11 | — |
| Article 12 | Article 9(2) |
| Article 13 | — |
| Article 14 | Article 11 |
| Article 15 | — |
| Article 16 | Article 13 |

Regulation (EC) No 2494/95

This Regulation

Article 1

Article 1

Article 2, point (a)

Article 2, point (6)

Article 2, point (b)

—

Article 2, point (c)

—

Article 3

Article 3(3) and (10)

Article 4

Article 4(1), (2) and (4)

Article 5(1)(b)

Article 5(5) and (6)

Article 5(3)

Article 4(4)

Article 6

Article 5(1) and (2)

Article 7

Article 5(3)

Article 8

Article 6(1), (3) and (4)

Article 9

Article 3(1), (2) and (6)

Article 10

Article 7(1)

Article 11

—

Article 12

Article 9(2)

Article 13

—

Article 14

Article 11

Article 15

—

Article 16

Article 13

---

| 24.5.2016 | EN | Official Journal of the European Union | L 135/39 |
| --- | --- | --- | --- |

24.5.2016

EN

Official Journal of the European Union

L 135/39

---

REGULATION (EU) 2016/793 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 11 May 2016

to avoid trade diversion into the European Union of certain key medicines

(codification)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207(2) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Acting in accordance with the ordinary legislative procedure (1),

Whereas:

| (1) | Council Regulation (EC) No 953/2003 (2) has been substantially amended several times (3). In the interests of clarity and rationality, that Regulation should be codified. |
| --- | --- |

(1)

Council Regulation (EC) No 953/2003 (2) has been substantially amended several times (3). In the interests of clarity and rationality, that Regulation should be codified.

| (2) | Many of the poorest developing countries are in urgent need of access to affordable essential medicines for the treatment of communicable diseases. Those countries are heavily dependent on imports of medicines as local manufacturing is scarce. |
| --- | --- |

(2)

Many of the poorest developing countries are in urgent need of access to affordable essential medicines for the treatment of communicable diseases. Those countries are heavily dependent on imports of medicines as local manufacturing is scarce.

| (3) | Price segmentation between developed country markets and the poorest developing country markets is necessary to ensure that the poorest developing countries are supplied with essential pharmaceutical products at heavily reduced prices. Therefore, those heavily reduced prices cannot be understood as a reference for the price to be paid for the same products in developed country markets. |
| --- | --- |

(3)

Price segmentation between developed country markets and the poorest developing country markets is necessary to ensure that the poorest developing countries are supplied with essential pharmaceutical products at heavily reduced prices. Therefore, those heavily reduced prices cannot be understood as a reference for the price to be paid for the same products in developed country markets.

| (4) | Legislative and regulatory instruments are in place in most developed countries to prevent the importation, in certain circumstances, of pharmaceutical products, but such instruments risk becoming insufficient where substantial volumes of heavily discounted pharmaceuticals are sold to the poorest developing country markets, and the economic interest in trade diversion into high priced markets therefore may increase significantly. |
| --- | --- |

(4)

Legislative and regulatory instruments are in place in most developed countries to prevent the importation, in certain circumstances, of pharmaceutical products, but such instruments risk becoming insufficient where substantial volumes of heavily discounted pharmaceuticals are sold to the poorest developing country markets, and the economic interest in trade diversion into high priced markets therefore may increase significantly.

| (5) | There is a need to encourage pharmaceutical manufacturers to make pharmaceutical products available at heavily reduced prices in significantly increased volumes by ensuring through this Regulation that such products remain on the poorest developing country markets. Donations of pharmaceutical products and products sold under contracts awarded in response to competitive tenders from national governments or international procurement bodies, or under a partnership agreed between the manufacturer and the government of a country of destination should be able to qualify under this Regulation on equal conditions, bearing in mind that donations do not contribute to the improvement of access to such products on a sustainable basis. |
| --- | --- |

(5)

There is a need to encourage pharmaceutical manufacturers to make pharmaceutical products available at heavily reduced prices in significantly increased volumes by ensuring through this Regulation that such products remain on the poorest developing country markets. Donations of pharmaceutical products and products sold under contracts awarded in response to competitive tenders from national governments or international procurement bodies, or under a partnership agreed between the manufacturer and the government of a country of destination should be able to qualify under this Regulation on equal conditions, bearing in mind that donations do not contribute to the improvement of access to such products on a sustainable basis.

| (6) | It is necessary to provide for a procedure which identifies the products, countries and diseases covered by this Regulation. |
| --- | --- |

(6)

It is necessary to provide for a procedure which identifies the products, countries and diseases covered by this Regulation.

| (7) | This Regulation serves the purpose of preventing tiered-priced products from being imported into the Union. Exemptions are laid down for certain situations on the strict condition that it is ensured that the final destination of the products in question is one of the countries listed in Annex II. |
| --- | --- |

(7)

This Regulation serves the purpose of preventing tiered-priced products from being imported into the Union. Exemptions are laid down for certain situations on the strict condition that it is ensured that the final destination of the products in question is one of the countries listed in Annex II.

| (8) | Manufacturers of tiered-priced products should differentiate the appearance of tiered- priced products to facilitate the task of identifying them. |
| --- | --- |

(8)

Manufacturers of tiered-priced products should differentiate the appearance of tiered- priced products to facilitate the task of identifying them.

| (9) | It will be appropriate to review the lists of the diseases and the countries of destination covered by this Regulation, as well as the formulae used to identify tiered-priced products in the light, inter alia, of the experience gained from its application. |
| --- | --- |

(9)

It will be appropriate to review the lists of the diseases and the countries of destination covered by this Regulation, as well as the formulae used to identify tiered-priced products in the light, inter alia, of the experience gained from its application.

| (10) | With regard to tiered-priced products contained in travellers' personal luggage for personal use, the same rules as set out in Regulation (EU) No 608/2013 of the European Parliament and of the Council (4) apply. |
| --- | --- |

(10)

With regard to tiered-priced products contained in travellers' personal luggage for personal use, the same rules as set out in Regulation (EU) No 608/2013 of the European Parliament and of the Council (4) apply.

| (11) | Where tiered-priced products have been seized under this Regulation, the competent authority should be able, in accordance with national legislation and with a view to ensuring that the intended use is made of the seized products to the full benefit of the countries listed in Annex II, to decide to make them available for humanitarian purposes in those countries. In the absence of such decision, the seized products should be destroyed. |
| --- | --- |

(11)

Where tiered-priced products have been seized under this Regulation, the competent authority should be able, in accordance with national legislation and with a view to ensuring that the intended use is made of the seized products to the full benefit of the countries listed in Annex II, to decide to make them available for humanitarian purposes in those countries. In the absence of such decision, the seized products should be destroyed.

| (12) | In order to add products to the list of products covered by this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in order to amend the Annexes to this Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council, |
| --- | --- |

(12)

In order to add products to the list of products covered by this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in order to amend the Annexes to this Regulation. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council,

HAVE ADOPTED THIS REGULATION:

Article 1

1.   This Regulation lays down:

| (a) | the criteria for establishing what is a tiered-priced product; |
| --- | --- |

(a)

the criteria for establishing what is a tiered-priced product;

| (b) | the conditions under which the customs authorities shall take action; |
| --- | --- |

(b)

the conditions under which the customs authorities shall take action;

| (c) | the measures which shall be taken by the competent authorities in the Member States. |
| --- | --- |

(c)

the measures which shall be taken by the competent authorities in the Member States.

2.   For the purposes of this Regulation:

| (a) | ‘tiered-priced product’ means any pharmaceutical product which is used in the prevention, diagnosis or treatment of a disease, referred to in Annex IV, and which is priced in accordance with one of the optional price calculations set out in Article 3, verified by the Commission or an independent auditor as provided for in Article 4 and entered in the list of tiered-priced products set out in Annex I; |
| --- | --- |

(a)

‘tiered-priced product’ means any pharmaceutical product which is used in the prevention, diagnosis or treatment of a disease, referred to in Annex IV, and which is priced in accordance with one of the optional price calculations set out in Article 3, verified by the Commission or an independent auditor as provided for in Article 4 and entered in the list of tiered-priced products set out in Annex I;

| (b) | ‘countries of destination’ means the countries listed in Annex II; |
| --- | --- |

(b)

‘countries of destination’ means the countries listed in Annex II;

| (c) | ‘competent authority’ means an authority designated by a Member State to determine whether goods suspended by the customs authorities in the respective Member State are tiered-priced products and to give instructions depending on the outcome of the review. |
| --- | --- |

(c)

‘competent authority’ means an authority designated by a Member State to determine whether goods suspended by the customs authorities in the respective Member State are tiered-priced products and to give instructions depending on the outcome of the review.

Article 2

1.   The importation into the Union of tiered-priced products for the purposes of release for free circulation, re-export, placing under suspensive procedures or placing in a free zone or free warehouse shall be prohibited.

2.   The following shall be exempted from the prohibition regarding tiered-priced products as set out in paragraph 1:

| (a) | re-export to countries of destination; |
| --- | --- |

(a)

re-export to countries of destination;

| (b) | placing under a transit or customs warehouse procedure or in a free zone or free warehouse for the purpose of re-export to a country of destination. |
| --- | --- |

(b)

placing under a transit or customs warehouse procedure or in a free zone or free warehouse for the purpose of re-export to a country of destination.

Article 3

The tiered price referred to in Article 4(2)(b) shall, at the option of the applicant, be either:

| (a) | no higher than the percentage set out in Annex III of the weighted average ex factory price charged by a manufacturer in markets of the Organisation for Economic Cooperation and Development (OECD) for the same product at the time of application; or |
| --- | --- |

(a)

no higher than the percentage set out in Annex III of the weighted average ex factory price charged by a manufacturer in markets of the Organisation for Economic Cooperation and Development (OECD) for the same product at the time of application; or

| (b) | a manufacturer's direct production costs, with the addition of the maximum percentage which is set out in Annex III. |
| --- | --- |

(b)

a manufacturer's direct production costs, with the addition of the maximum percentage which is set out in Annex III.

Article 4

1.   In order for products to benefit from this Regulation, manufacturers or exporters of pharmaceutical products shall submit applications to the Commission.

2.   Any application addressed to the Commission shall contain the following information:

| (a) | the product name and active ingredient of the tiered-priced product and sufficient information to verify which disease it prevents, diagnoses or treats; |
| --- | --- |

(a)

the product name and active ingredient of the tiered-priced product and sufficient information to verify which disease it prevents, diagnoses or treats;

| (b) | the price offered in relation to either of the optional price calculations set out in Article 3 in sufficient detail to enable verification. Instead of submitting such detailed information, the applicant may submit a certificate, issued by an independent auditor, stating that the price has been verified and corresponds to one of the criteria set out in Annex III. The independent auditor shall be appointed in agreement between the manufacturer and the Commission. Any information submitted by the applicant to the auditor shall remain confidential; |
| --- | --- |

(b)

the price offered in relation to either of the optional price calculations set out in Article 3 in sufficient detail to enable verification. Instead of submitting such detailed information, the applicant may submit a certificate, issued by an independent auditor, stating that the price has been verified and corresponds to one of the criteria set out in Annex III. The independent auditor shall be appointed in agreement between the manufacturer and the Commission. Any information submitted by the applicant to the auditor shall remain confidential;

| (c) | the country or countries of destination to which the applicant intends to sell the product concerned; |
| --- | --- |

(c)

the country or countries of destination to which the applicant intends to sell the product concerned;

| (d) | the code number based on the Combined Nomenclature as set out in Annex I to Council Regulation (EEC) No 2658/87 (5) and, where appropriate, supplemented by TARIC subdivisions, to identify unambiguously the goods concerned; and |
| --- | --- |

(d)

the code number based on the Combined Nomenclature as set out in Annex I to Council Regulation (EEC) No 2658/87 (5) and, where appropriate, supplemented by TARIC subdivisions, to identify unambiguously the goods concerned; and

| (e) | any measures taken by the manufacturer or exporter to make the tiered-priced product easily distinguishable from identical products offered for sale within the Union. |
| --- | --- |

(e)

any measures taken by the manufacturer or exporter to make the tiered-priced product easily distinguishable from identical products offered for sale within the Union.

3.   Where the Commission determines that a product fulfils the requirements set out in this Regulation, the Commission shall be empowered to adopt delegated acts in accordance with Article 5 to add the product concerned to Annex I at the next update. The Commission shall inform the applicant of its decision within 15 days of its adoption thereof.

Where a delay in the addition of a product to Annex I would cause a delay in responding to an urgent need for access to affordable essential medicines in a developing country, and therefore imperative grounds of urgency so require, the procedure provided for in Article 6 shall apply to delegated acts adopted pursuant to the first subparagraph.

4.   If an application is not sufficiently detailed for a review as to substance, the Commission shall request the applicant in writing to submit such missing information. If the applicant does not complete the application within the time period set out in that written request, the application shall be null and void.

5.   If the Commission finds that the application does not fulfil the criteria set out in this Regulation, the application shall be rejected and the applicant shall be informed within 15 days of the date of the decision. Nothing shall prevent the applicant from submitting a modified application for the same product.

6.   Products destined to be donated to recipients in one of the countries listed in Annex II may be the subject of a notification to that effect for the purposes of approval and insertion in Annex I.

7.   Annex I shall be updated every second month by the Commission.

8.   The Commission shall be empowered to adopt delegated acts in accordance with Article 5 to amend Annexes II, III and IV where necessary in order to revise the list of diseases, the countries of destination covered by this Regulation, as well as the formulae used to identify tiered-priced products, in the light of the experience gained from its application or to respond to a health crisis.

Article 5

1.   The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2.   The power to adopt delegated acts referred to in Article 4(3) and (8) shall be conferred on the Commission for a period of 5 years from 20 February 2014. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the 5-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

3.   The delegation of power referred to in Article 4(3) and (8) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4.   As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

5.   A delegated act adopted pursuant to Article 4(3) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

6.   A delegated act adopted pursuant to Article 4(8) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of two months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by four months at the initiative of the European Parliament or of the Council.

Article 6

1.   Delegated acts adopted under this Article shall enter into force without delay and shall apply as long as no objection is expressed in accordance with paragraph 2. The notification of a delegated act to the European Parliament and to the Council shall state the reasons for the use of the urgency procedure laid down in this Article.

2.   Either the European Parliament or the Council may object to a delegated act in accordance with the procedure referred to in Article 5(5) and (6). In such a case, the Commission shall repeal the act without delay following the notification of the decision to object by the European Parliament or by the Council.

Article 7

A product approved as a tiered-priced product and listed in Annex I shall remain on that list for as long as the conditions set out in Article 4 are fulfilled and annual sales reports have been submitted to the Commission in accordance with Article 12. The applicant shall submit information to the Commission on any change which has occurred with respect to the scope or conditions set out in Article 4 in order to ensure that those requirements are met.

Article 8

A permanent logo, as set out in Annex V, shall be affixed to any packaging or product and any document used in connection with the approved product sold at tiered prices to countries of destination. This requirement shall apply as long as the tiered-priced product concerned remains listed in Annex I.

Article 9

1.   Where there is reason to suspect that, contrary to the prohibition provided for in Article 2, tiered-priced products will be imported into the Union, customs authorities shall suspend the release of, or detain, the products concerned for the time necessary to obtain a decision of the competent authorities on the character of the merchandise. The period of suspension or detention shall not exceed 10 working days unless special circumstances apply, in which case the period may be extended by a maximum of 10 working days. Upon expiry of that period, the products shall be released, provided that all customs formalities have been complied with.

2.   It shall be sufficient reason for the customs authorities to suspend the release of, or detain, products if there is sufficient information available to consider that the product in question is tiered priced.

3.   The competent authority in the Member State concerned and the manufacturer or exporter mentioned in Annex I shall be informed without delay of the suspended release or detention of the products and shall receive all information available with respect to the products concerned. Due account shall be taken of national provisions on the protection of personal data, commercial and industrial secrecy, and professional and administrative confidentiality. The importer and, where appropriate, the exporter, shall be given ample opportunity to supply the competent authority with the information which it deems appropriate regarding the products.

4.   The procedure of suspension or detention of the goods shall be carried out at the expense of the importer. If it is not possible to recover those expenses from the importer, they may, in accordance with national legislation, be recovered from any other person responsible for the attempted illicit importation.

Article 10

1.   If products suspended for release or detained by customs authorities are recognised by the competent authority as tiered-priced products under this Regulation, the competent authority shall ensure that those products are seized and disposed of in accordance with national legislation. Those procedures shall be carried out at the expense of the importer. If it is not possible to recover those expenses from the importer, they may, in accordance with national legislation, be recovered from any other person responsible for the attempted illicit importation.

2.   Where products suspended for release or detained by customs authorities subsequent to further control by the competent authority are found not to qualify as tiered-priced products under this Regulation, the customs authority shall release the products to the consignee, provided that all customs formalities have been complied with.

3.   The competent authority shall inform the Commission of all decisions adopted pursuant to this Regulation.

Article 11

This Regulation shall not apply to goods of a non-commercial nature contained in travellers' personal luggage for personal use within the limits laid down in respect of relief from customs duty.

Article 12

1.   The Commission shall monitor on an annual basis the volumes of exports of tiered-priced products listed in Annex I and exported to the countries of destination on the basis of information provided to it by pharmaceutical manufacturers and exporters. For this purpose a standard form shall be issued by the Commission. Manufacturers and exporters shall submit such sales reports annually for each tiered-priced product to the Commission on a confidential basis.

2.   The Commission shall report biennially to the European Parliament and to the Council on the volumes exported under tiered prices, including on the volumes exported within the framework of a partnership agreement agreed between the manufacturer and the government of a country of destination. The report shall examine the scope of countries and diseases and general criteria for the implementation of Article 3.

3.   The European Parliament may, within one month of submission of the Commission's report, invite the Commission to an ad hoc meeting of its responsible committee to present and explain any issues related to the application of this Regulation.

4.   No later than six months from the date of submission of the report to the European Parliament and to the Council, the Commission shall make the report public.

Article 13

1.   The application of this Regulation shall in no circumstances interfere with procedures laid down in Directive 2001/83/EC of the European Parliament and of the Council (6) and Regulation (EC) No 726/2004 of the European Parliament and of the Council (7).

2.   This Regulation shall not interfere with intellectual property rights or rights of intellectual property owners.

Article 14

Regulation (EC) No 953/2003 is repealed.

References to the repealed Regulation shall be construed as references to this Regulation and shall be read in accordance with the correlation table in Annex VII.

Article 15

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Strasbourg, 11 May 2016.

For the European Parliament

The President

M. SCHULZ

For the Council

The President

J.A. HENNIS-PLASSCHAERT

---

(1)  Position of the European Parliament of 9 March 2016 (not yet published in the Official Journal) and decision of the Council of 11 April 2016.

1

(2)  Council Regulation (EC) No 953/2003 of 26 May 2003 to avoid trade diversion into the European Union of certain key medicines (OJ L 135, 3.6.2003, p. 5).

2

(3)  See Annex VI.

3

(4)  Regulation (EU) No 608/2013 of the European Parliament and of the Council of 12 June 2013 concerning customs enforcement of intellectual property rights and repealing Council Regulation (EC) No 1383/2003 (OJ L 181, 29.6.2013, p. 15).

4

(5)  Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff (OJ L 256, 7.9.1987, p. 1).

5

(6)  Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ L 311, 28.11.2001, p. 67).

6

(7)  Regulation (EC) No 726/2004 of the European Parliament and of the Council of 31 March 2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency (OJ L 136, 30.4.2004, p. 1).

7

---

ANNEX I

LIST OF TIERED-PRICED PRODUCTS

| Product | Manufacturer/exporter | Country of destination | Distinctive features | Date of approval | CN/TARIC code (1) |
| --- | --- | --- | --- | --- | --- |
| TRIZIVIR
  750 mg × 60 | GLAXO SMITH KLINE |
| GSK House |
| 980 Great West Road |
| BRENTFORD, MIDDLESEX |
| TW8 9GS |
| United Kingdom |

Product

Manufacturer/exporter

Country of destination

Distinctive features

Date of approval

CN/TARIC code (1)

TRIZIVIR

750 mg × 60

GLAXO SMITH KLINE

GSK House

980 Great West Road

BRENTFORD, MIDDLESEX

TW8 9GS

United Kingdom

Afghanistan

Angola

Armenia

Azerbaijan

Bangladesh

Benin

Bhutan

Botswana

Burkina Faso

Burundi

Cambodia

Cameroon

Cape Verde

Central African Republic

Chad

Comoros

Congo

Côte d'Ivoire

Democratic Republic of the Congo

Djibouti

Equatorial Guinea

Eritrea

Ethiopia

Gambia

Ghana

Guinea

Guinea-Bissau

Haiti

Honduras

India

Indonesia

Kenya

Kiribati

Kyrgyzstan

Laos

Lesotho

Liberia

Madagascar

Malawi

Maldives

Mali

Mauritania

Moldova

Mongolia

Mozambique

Myanmar/Burma

Namibia

Nepal

Nicaragua

Niger

Nigeria

North Korea

Pakistan

Rwanda

Samoa

São Tomé and Príncipe

Senegal

Sierra Leone

Solomon Islands

Somalia

South Africa

Sudan

Swaziland

Tajikistan

Tanzania

Timor-Leste

Togo

Tuvalu

Uganda

Vanuatu

Yemen

Zambia

Zimbabwe

Distinctive access pack — trilingual text

19.4.2004

3004 90 19

EPIVIR

150 mg × 60

| GLAXO SMITH KLINE |
| --- |
| GSK House |
| 980 Great West Road |
| BRENTFORD, MIDDLESEX |
| TW8 9GS |
| United Kingdom |

GLAXO SMITH KLINE

GSK House

980 Great West Road

BRENTFORD, MIDDLESEX

TW8 9GS

United Kingdom

Distinctive access pack — trilingual text — red tablets

3004 90 19

RETROVIR

250 mg × 40

| GLAXO SMITH KLINE |
| --- |
| GSK House |
| 980 Great West Road |
| BRENTFORD, MIDDLESEX |
| TW8 9GS |
| United Kingdom |

GLAXO SMITH KLINE

GSK House

980 Great West Road

BRENTFORD, MIDDLESEX

TW8 9GS

United Kingdom

General export pack (blue) not used in EU.

French hospital pack — Francophone markets

19.4.2004

3004 90 19

RETROVIR

300 mg × 60

| GLAXO SMITH KLINE |
| --- |
| GSK House |
| 980 Great West Road |
| BRENTFORD, MIDDLESEX |
| TW8 9GS |
| United Kingdom |

GLAXO SMITH KLINE

GSK House

980 Great West Road

BRENTFORD, MIDDLESEX

TW8 9GS

United Kingdom

General export pack (blue) not used in EU.

French hospital pack — Francophone markets

19.4.2004

3004 90 19

RETROVIR

100 mg × 100

| GLAXO SMITH KLINE |
| --- |
| GSK House |
| 980 Great West Road |
| BRENTFORD, MIDDLESEX |
| TW8 9GS |
| United Kingdom |

GLAXO SMITH KLINE

GSK House

980 Great West Road

BRENTFORD, MIDDLESEX

TW8 9GS

United Kingdom

General export pack (blue) not used in EU.

French hospital pack — Francophone markets

19.4.2004

3004 90 19

COMBIVIR

300/150 mg × 60

| GLAXO SMITH KLINE |
| --- |
| GSK House |
| 980 Great West Road |
| BRENTFORD, MIDDLESEX |
| TW8 9GS |
| United Kingdom |

GLAXO SMITH KLINE

GSK House

980 Great West Road

BRENTFORD, MIDDLESEX

TW8 9GS

United Kingdom

Distinctive access pack — trilingual text

Bottle (rather than blister pack) ‘A22’ embossed red tablets

3004 90 19

EPIVIR ORAL SOLUTION

10 mg/ml

240 ml

| GLAXO SMITH KLINE |
| --- |
| GSK House |
| 980 Great West Road |
| BRENTFORD, MIDDLESEX |
| TW8 9GS |
| United Kingdom |

GLAXO SMITH KLINE

GSK House

980 Great West Road

BRENTFORD, MIDDLESEX

TW8 9GS

United Kingdom

Distinctive access pack — trilingual text

19.4.2004

3004 90 19

ZIAGEN

300 mg × 60

| GLAXO SMITH KLINE |
| --- |
| GSK House |
| 980 Great West Road |
| BRENTFORD, MIDDLESEX |
| TW8 9GS |
| United Kingdom |

GLAXO SMITH KLINE

GSK House

980 Great West Road

BRENTFORD, MIDDLESEX

TW8 9GS

United Kingdom

General export pack — not used in EU.

French hospital pack — Francophone countries

20.9.2004

3004 90 19

RETROVIR ORAL SOLUTION

10 mg/ml

200 ml

| GLAXO SMITH KLINE |
| --- |
| GSK House |
| 980 Great West Road |
| BRENTFORD, MIDDLESEX |
| TW8 9GS |
| United Kingdom |

GLAXO SMITH KLINE

GSK House

980 Great West Road

BRENTFORD, MIDDLESEX

TW8 9GS

United Kingdom

Distinctive access pack — Trilingual text

20.9.2004

3004 90 19

---

(1)  Only if applicable.

---

ANNEX II

COUNTRIES OF DESTINATION

Afghanistan

Angola

Armenia

Azerbaijan

Bangladesh

Benin

Bhutan

Botswana

Burkina Faso

Burundi

Cambodia

Cameroon

Cape Verde

Central African Republic

Chad

China

Comoros

Congo

Côte d'Ivoire

Democratic Republic of the Congo

Djibouti

Equatorial Guinea

Eritrea

Ethiopia

Gambia

Ghana

Guinea

Guinea-Bissau

Haiti

Honduras

India

Indonesia

Kenya

Kiribati

Kyrgyzstan

Laos

Lesotho

Liberia

Madagascar

Malawi

Maldives

Mali

Mauritania

Moldova

Mongolia

Mozambique

Myanmar/Burma

Namibia

Nepal

Nicaragua

Niger

Nigeria

North Korea

Pakistan

Rwanda

Samoa

São Tomé and Príncipe

Senegal

Sierra Leone

Solomon Islands

Somalia

South Africa

Sudan

Swaziland

Tajikistan

Tanzania

Timor-Leste

Togo

Turkmenistan

Tuvalu

Uganda

Vanuatu

Vietnam

Yemen

Zambia

Zimbabwe

---

ANNEX III

PERCENTAGES REFERRED TO IN ARTICLE 3

Percentage referred to in Article 3(a): 25 %

Percentage referred to in Article 3(b): 15 %

---

ANNEX IV

SCOPE OF DISEASES

HIV/AIDS, malaria, tuberculosis and related opportunistic diseases

---

ANNEX V

LOGO

The winged staff of Aesculapius with a coiled serpent, in the centre of a circle formed by 12 stars.

---

ANNEX VI

REPEALED REGULATION WITH LIST OF ITS SUCCESSIVE AMENDMENTS

| Council Regulation (EC) No 953/2003
  (OJ L 135, 3.6.2003, p. 5) | |
| --- | --- |
| Commission Regulation (EC) No 1876/2004
  (OJ L 326, 29.10.2004, p. 22) | |
| Commission Regulation (EC) No 1662/2005
  (OJ L 267, 12.10.2005, p. 19) | |
| Regulation (EU) No 38/2014 of the European Parliament and of the Council
  (OJ L 18, 21.1.2014, p. 52) | Only point 3 of the Annex |

Council Regulation (EC) No 953/2003

(OJ L 135, 3.6.2003, p. 5)

Commission Regulation (EC) No 1876/2004

(OJ L 326, 29.10.2004, p. 22)

Commission Regulation (EC) No 1662/2005

(OJ L 267, 12.10.2005, p. 19)

Regulation (EU) No 38/2014 of the European Parliament and of the Council

(OJ L 18, 21.1.2014, p. 52)

Only point 3 of the Annex

---

ANNEX VII

CORRELATION TABLE

| Regulation (EC) No 953/2003 | This Regulation |
| --- | --- |
| Articles 1, 2 and 3 | Articles 1, 2 and 3 |
| Article 4(1) | Article 4(1) |
| Article 4(2), introductory wording | Article 4(2), introductory wording |
| Article 4(2)(i) | Article 4(2)(a) |
| Article 4(2)(ii) | Article 4(2)(b) |
| Article 4(2)(iii) | Article 4(2)(c) |
| Article 4(2)(iv) | Article 4(2)(d) |
| Article 4(2)(v) | Article 4(2)(e) |
| Article 4(4) | Article 4(3) |
| Article 4(5) | Article 4(4) |
| Article 4(6) | Article 4(5) |
| Article 4(7) | Article 4(6) |
| Article 4(8) | Article 4(7) |
| Article 4(9) | Article 4(8) |
| Article 5 | Article 5 |
| Article 5a | Article 6 |
| Article 6 | Article 7 |
| Article 7 | Article 8 |
| Article 8 | Article 9 |
| Article 9 | Article 10 |
| Article 10 | Article 11 |
| Article 11 | Article 12 |
| Article 12 | Article 13 |
| — | Article 14 |
| Article 13 | Article 15 |
| Annexes I to V | Annexes I to V |
| — | Annex VI |
| — | Annex VII |

Regulation (EC) No 953/2003

This Regulation

Articles 1, 2 and 3

Articles 1, 2 and 3

Article 4(1)

Article 4(1)

Article 4(2), introductory wording

Article 4(2), introductory wording

Article 4(2)(i)

Article 4(2)(a)

Article 4(2)(ii)

Article 4(2)(b)

Article 4(2)(iii)

Article 4(2)(c)

Article 4(2)(iv)

Article 4(2)(d)

Article 4(2)(v)

Article 4(2)(e)

Article 4(4)

Article 4(3)

Article 4(5)

Article 4(4)

Article 4(6)

Article 4(5)

Article 4(7)

Article 4(6)

Article 4(8)

Article 4(7)

Article 4(9)

Article 4(8)

Article 5

Article 5

Article 5a

Article 6

Article 6

Article 7

Article 7

Article 8

Article 8

Article 9

Article 9

Article 10

Article 10

Article 11

Article 11

Article 12

Article 12

Article 13

—

Article 14

Article 13

Article 15

Annexes I to V

Annexes I to V

—

Annex VI

—

Annex VII

---

| 24.5.2016 | EN | Official Journal of the European Union | L 135/53 |
| --- | --- | --- | --- |

24.5.2016

EN

Official Journal of the European Union

L 135/53

---

REGULATION (EU) 2016/794 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 11 May 2016

on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 88 thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Acting in accordance with the ordinary legislative procedure (1),

Whereas:

| (1) | Europol was set up by Council Decision 2009/371/JHA (2) as an entity of the Union funded from the general budget of the Union to support and strengthen action by competent authorities of the Member States and their mutual cooperation in preventing and combating organised crime, terrorism and other forms of serious crime affecting two or more Member States. Decision 2009/371/JHA replaced the Convention based on Article K.3 of the Treaty on European Union, on the establishment of a European Police Office (Europol Convention) (3). |
| --- | --- |

(1)

Europol was set up by Council Decision 2009/371/JHA (2) as an entity of the Union funded from the general budget of the Union to support and strengthen action by competent authorities of the Member States and their mutual cooperation in preventing and combating organised crime, terrorism and other forms of serious crime affecting two or more Member States. Decision 2009/371/JHA replaced the Convention based on Article K.3 of the Treaty on European Union, on the establishment of a European Police Office (Europol Convention) (3).

| (2) | Article 88 of the Treaty on the Functioning of the European Union (TFEU) provides for Europol to be governed by a regulation to be adopted in accordance with the ordinary legislative procedure. It also requires the establishment of procedures for the scrutiny of Europol's activities by the European Parliament, together with national parliaments, subject to point (c) of Article 12 of the Treaty on European Union (TEU) and Article 9 of Protocol No 1 on the role of National Parliaments in the European Union, annexed to the TEU and to the TFEU (‘Protocol No 1’), in order to enhance the democratic legitimacy and accountability of Europol to the Union's citizens. Therefore, Decision 2009/371/JHA should be replaced by a regulation laying down, inter alia, rules on parliamentary scrutiny. |
| --- | --- |

(2)

Article 88 of the Treaty on the Functioning of the European Union (TFEU) provides for Europol to be governed by a regulation to be adopted in accordance with the ordinary legislative procedure. It also requires the establishment of procedures for the scrutiny of Europol's activities by the European Parliament, together with national parliaments, subject to point (c) of Article 12 of the Treaty on European Union (TEU) and Article 9 of Protocol No 1 on the role of National Parliaments in the European Union, annexed to the TEU and to the TFEU (‘Protocol No 1’), in order to enhance the democratic legitimacy and accountability of Europol to the Union's citizens. Therefore, Decision 2009/371/JHA should be replaced by a regulation laying down, inter alia, rules on parliamentary scrutiny.

| (3) | The ‘Stockholm programme — An open and secure Europe serving and protecting citizens’ (4) calls for Europol to evolve and become a hub for information exchange between the law enforcement authorities of the Member States, a service provider and a platform for law enforcement services. On the basis of an assessment of Europol's functioning, further enhancement of its operational effectiveness is needed to meet that objective. |
| --- | --- |

(3)

The ‘Stockholm programme — An open and secure Europe serving and protecting citizens’ (4) calls for Europol to evolve and become a hub for information exchange between the law enforcement authorities of the Member States, a service provider and a platform for law enforcement services. On the basis of an assessment of Europol's functioning, further enhancement of its operational effectiveness is needed to meet that objective.

| (4) | Large-scale criminal and terrorist networks pose a significant threat to the internal security of the Union and to the safety and livelihood of its citizens. Available threat assessments show that criminal groups are becoming increasingly poly-criminal and cross-border in their activities. National law enforcement authorities therefore need to cooperate more closely with their counterparts in other Member States. In this context, it is necessary to equip Europol to better support Member States in Union-wide crime prevention, analyses and investigations. This was also confirmed in the evaluation of Decision 2009/371/JHA. |
| --- | --- |

(4)

Large-scale criminal and terrorist networks pose a significant threat to the internal security of the Union and to the safety and livelihood of its citizens. Available threat assessments show that criminal groups are becoming increasingly poly-criminal and cross-border in their activities. National law enforcement authorities therefore need to cooperate more closely with their counterparts in other Member States. In this context, it is necessary to equip Europol to better support Member States in Union-wide crime prevention, analyses and investigations. This was also confirmed in the evaluation of Decision 2009/371/JHA.

| (5) | This Regulation aims to amend and expand the provisions of Decision 2009/371/JHA and of Council Decisions 2009/934/JHA (5), 2009/935/JHA (6), 2009/936/JHA (7) and 2009/968/JHA (8) implementing Decision 2009/371/JHA. Since the amendments to be made are of a substantial number and nature, those Decisions should, in the interests of clarity, be replaced in their entirety in relation to the Member States bound by this Regulation. Europol as established by this Regulation should replace and assume the functions of Europol as established by Decision 2009/371/JHA, which, as a consequence, should be repealed. |
| --- | --- |

(5)

This Regulation aims to amend and expand the provisions of Decision 2009/371/JHA and of Council Decisions 2009/934/JHA (5), 2009/935/JHA (6), 2009/936/JHA (7) and 2009/968/JHA (8) implementing Decision 2009/371/JHA. Since the amendments to be made are of a substantial number and nature, those Decisions should, in the interests of clarity, be replaced in their entirety in relation to the Member States bound by this Regulation. Europol as established by this Regulation should replace and assume the functions of Europol as established by Decision 2009/371/JHA, which, as a consequence, should be repealed.

| (6) | As serious crime often occurs across internal borders, Europol should support and strengthen Member States' actions and their cooperation in preventing and combating serious crime affecting two or more Member States. Given that terrorism is one of the most significant threats to the security of the Union, Europol should assist Member States in facing common challenges in this regard. As the Union law enforcement agency, Europol should also support and strengthen actions and cooperation in tackling forms of crime that affect the interests of the Union. Among the forms of crime with which Europol is competent to deal, organised crime will continue to fall within the scope of Europol's main objectives, as, given its scale, significance and consequences, it also calls for a common approach by the Member States. Europol should also offer support in preventing and combating related criminal offences which are committed in order to procure the means of perpetrating acts in respect of which Europol is competent or to facilitate or perpetrate such acts or to ensure the impunity of committing them. |
| --- | --- |

(6)

As serious crime often occurs across internal borders, Europol should support and strengthen Member States' actions and their cooperation in preventing and combating serious crime affecting two or more Member States. Given that terrorism is one of the most significant threats to the security of the Union, Europol should assist Member States in facing common challenges in this regard. As the Union law enforcement agency, Europol should also support and strengthen actions and cooperation in tackling forms of crime that affect the interests of the Union. Among the forms of crime with which Europol is competent to deal, organised crime will continue to fall within the scope of Europol's main objectives, as, given its scale, significance and consequences, it also calls for a common approach by the Member States. Europol should also offer support in preventing and combating related criminal offences which are committed in order to procure the means of perpetrating acts in respect of which Europol is competent or to facilitate or perpetrate such acts or to ensure the impunity of committing them.

| (7) | Europol should provide strategic analyses and threat assessments to assist the Council and the Commission in laying down strategic and operational priorities of the Union for fighting crime and in the operational implementation of those priorities. Where the Commission so requests in accordance with Article 8 of Council Regulation (EU) No 1053/2013 (9), Europol should also carry out risk analyses, including in respect of organised crime, insofar as the risks concerned may undermine the application of the Schengen acquis by the Member States. Moreover, at the request of the Council or the Commission where appropriate, Europol should provide strategic analyses and threat assessments to contribute to the evaluation of states that are candidates for accession to the Union. |
| --- | --- |

(7)

Europol should provide strategic analyses and threat assessments to assist the Council and the Commission in laying down strategic and operational priorities of the Union for fighting crime and in the operational implementation of those priorities. Where the Commission so requests in accordance with Article 8 of Council Regulation (EU) No 1053/2013 (9), Europol should also carry out risk analyses, including in respect of organised crime, insofar as the risks concerned may undermine the application of the Schengen acquis by the Member States. Moreover, at the request of the Council or the Commission where appropriate, Europol should provide strategic analyses and threat assessments to contribute to the evaluation of states that are candidates for accession to the Union.

| (8) | Attacks against information systems affecting Union bodies or two or more Member States are a growing menace in the Union, in particular in view of their speed and impact and the difficulty in identifying their sources. When considering requests by Europol to initiate an investigation into a serious attack of suspected criminal origin against information systems affecting Union bodies or two or more Member States, Member States should respond to Europol without delay, taking into account the fact that the rapidity of the response is a key factor in successfully tackling computer crime. |
| --- | --- |

(8)

Attacks against information systems affecting Union bodies or two or more Member States are a growing menace in the Union, in particular in view of their speed and impact and the difficulty in identifying their sources. When considering requests by Europol to initiate an investigation into a serious attack of suspected criminal origin against information systems affecting Union bodies or two or more Member States, Member States should respond to Europol without delay, taking into account the fact that the rapidity of the response is a key factor in successfully tackling computer crime.

| (9) | Given the importance of the inter-agency cooperation, Europol and Eurojust should ensure that necessary arrangements are established to optimise their operational cooperation, taking due account of their respective missions and mandates and of the interests of Member States. In particular, Europol and Eurojust should keep each other informed of any activity involving the financing of joint investigation teams. |
| --- | --- |

(9)

Given the importance of the inter-agency cooperation, Europol and Eurojust should ensure that necessary arrangements are established to optimise their operational cooperation, taking due account of their respective missions and mandates and of the interests of Member States. In particular, Europol and Eurojust should keep each other informed of any activity involving the financing of joint investigation teams.

| (10) | When a joint investigation team is set up, the relevant agreement should determine the conditions relating to the participation of the Europol staff in the team. Europol should keep a record of its participation in such joint investigation teams targeting criminal activities falling within the scope of its objectives. |
| --- | --- |

(10)

When a joint investigation team is set up, the relevant agreement should determine the conditions relating to the participation of the Europol staff in the team. Europol should keep a record of its participation in such joint investigation teams targeting criminal activities falling within the scope of its objectives.

| (11) | Europol should be able to request Member States to initiate, conduct or coordinate criminal investigations in specific cases where cross-border cooperation would add value. Europol should inform Eurojust of such requests. |
| --- | --- |

(11)

Europol should be able to request Member States to initiate, conduct or coordinate criminal investigations in specific cases where cross-border cooperation would add value. Europol should inform Eurojust of such requests.

| (12) | Europol should be a hub for information exchange in the Union. Information collected, stored, processed, analysed and exchanged by Europol includes criminal intelligence which relates to information about crime or criminal activities falling within the scope of Europol's objectives, obtained with a view to establishing whether concrete criminal acts have been committed or may be committed in the future. |
| --- | --- |

(12)

Europol should be a hub for information exchange in the Union. Information collected, stored, processed, analysed and exchanged by Europol includes criminal intelligence which relates to information about crime or criminal activities falling within the scope of Europol's objectives, obtained with a view to establishing whether concrete criminal acts have been committed or may be committed in the future.

| (13) | In order to ensure Europol's effectiveness as a hub for information exchange, clear obligations should be laid down requiring Member States to provide Europol with the data necessary for it to fulfil its objectives. While implementing such obligations, Member States should pay particular attention to providing data relevant to the fight against crimes considered to be strategic and operational priorities within relevant policy instruments of the Union, in particular the priorities set by the Council in the framework of the EU Policy Cycle for organised and serious international crime. Member States should also endeavour to provide Europol with a copy of bilateral and multilateral exchanges of information with other Member States on crime falling within Europol's objectives. When supplying Europol with the necessary information, Member States should also include information about any alleged cyber attacks affecting Union bodies located in their territory. At the same time, Europol should increase the level of its support to Member States, so as to enhance mutual cooperation and the sharing of information. Europol should submit an annual report to the European Parliament, to the Council, to the Commission and to national parliaments on the information provided by the individual Member States. |
| --- | --- |

(13)

In order to ensure Europol's effectiveness as a hub for information exchange, clear obligations should be laid down requiring Member States to provide Europol with the data necessary for it to fulfil its objectives. While implementing such obligations, Member States should pay particular attention to providing data relevant to the fight against crimes considered to be strategic and operational priorities within relevant policy instruments of the Union, in particular the priorities set by the Council in the framework of the EU Policy Cycle for organised and serious international crime. Member States should also endeavour to provide Europol with a copy of bilateral and multilateral exchanges of information with other Member States on crime falling within Europol's objectives. When supplying Europol with the necessary information, Member States should also include information about any alleged cyber attacks affecting Union bodies located in their territory. At the same time, Europol should increase the level of its support to Member States, so as to enhance mutual cooperation and the sharing of information. Europol should submit an annual report to the European Parliament, to the Council, to the Commission and to national parliaments on the information provided by the individual Member States.

| (14) | To ensure effective cooperation between Europol and Member States, a national unit should be set up in each Member State (the ‘national unit’). The national unit should be the liaison link between national competent authorities and Europol, thereby having a coordinating role in respect of Member States' cooperation with Europol, and thus helping to ensure that each Member State responds to Europol requests in a uniform way. To ensure a continuous and effective exchange of information between Europol and the national units, and to facilitate their cooperation, each national unit should designate at least one liaison officer to be attached to Europol. |
| --- | --- |

(14)

To ensure effective cooperation between Europol and Member States, a national unit should be set up in each Member State (the ‘national unit’). The national unit should be the liaison link between national competent authorities and Europol, thereby having a coordinating role in respect of Member States' cooperation with Europol, and thus helping to ensure that each Member State responds to Europol requests in a uniform way. To ensure a continuous and effective exchange of information between Europol and the national units, and to facilitate their cooperation, each national unit should designate at least one liaison officer to be attached to Europol.

| (15) | Taking into account the decentralised structure of some Member States and the need to ensure rapid exchanges of information, Europol should be allowed to cooperate directly with competent authorities in Member States, subject to the conditions defined by Member States, while keeping the national units informed at the latter's request. |
| --- | --- |

(15)

Taking into account the decentralised structure of some Member States and the need to ensure rapid exchanges of information, Europol should be allowed to cooperate directly with competent authorities in Member States, subject to the conditions defined by Member States, while keeping the national units informed at the latter's request.

| (16) | The establishment of joint investigation teams should be encouraged and Europol staff should be able to participate in them. To ensure that such participation is possible in every Member State, Council Regulation (Euratom, ECSC, EEC) No 549/69 (10) provides that Europol staff do not benefit from immunities while they are participating in joint investigation teams. |
| --- | --- |

(16)

The establishment of joint investigation teams should be encouraged and Europol staff should be able to participate in them. To ensure that such participation is possible in every Member State, Council Regulation (Euratom, ECSC, EEC) No 549/69 (10) provides that Europol staff do not benefit from immunities while they are participating in joint investigation teams.

| (17) | It is also necessary to improve the governance of Europol, by seeking efficiency gains and streamlining procedures. |
| --- | --- |

(17)

It is also necessary to improve the governance of Europol, by seeking efficiency gains and streamlining procedures.

| (18) | The Commission and the Member States should be represented on the Management Board of Europol (the ‘Management Board’) to effectively supervise its work. The members and the alternate members of the Management Board should be appointed taking into account their relevant managerial, administrative and budgetary skills and knowledge of law enforcement cooperation. Alternate members should act as members in the absence of the member. |
| --- | --- |

(18)

The Commission and the Member States should be represented on the Management Board of Europol (the ‘Management Board’) to effectively supervise its work. The members and the alternate members of the Management Board should be appointed taking into account their relevant managerial, administrative and budgetary skills and knowledge of law enforcement cooperation. Alternate members should act as members in the absence of the member.

| (19) | All parties represented on the Management Board should make efforts to limit the turnover of their representatives, with a view to ensuring the continuity of the Management Board's work. All parties should aim to achieve a balanced representation between men and women on the Management Board. |
| --- | --- |

(19)

All parties represented on the Management Board should make efforts to limit the turnover of their representatives, with a view to ensuring the continuity of the Management Board's work. All parties should aim to achieve a balanced representation between men and women on the Management Board.

| (20) | The Management Board should be able to invite non-voting observers whose opinion may be relevant for the discussion, including a representative designated by the Joint Parliamentary Scrutiny Group (JPSG). |
| --- | --- |

(20)

The Management Board should be able to invite non-voting observers whose opinion may be relevant for the discussion, including a representative designated by the Joint Parliamentary Scrutiny Group (JPSG).

| (21) | The Management Board should be given the necessary powers, in particular to set the budget, verify its execution, and adopt the appropriate financial rules and planning documents, as well as adopt rules for the prevention and management of conflicts of interest in respect of its members, establish transparent working procedures for decision-making by the Executive Director of Europol, and adopt the annual activity report. It should exercise the powers of appointing authority vis-à-vis staff of the agency, including the Executive Director. |
| --- | --- |

(21)

The Management Board should be given the necessary powers, in particular to set the budget, verify its execution, and adopt the appropriate financial rules and planning documents, as well as adopt rules for the prevention and management of conflicts of interest in respect of its members, establish transparent working procedures for decision-making by the Executive Director of Europol, and adopt the annual activity report. It should exercise the powers of appointing authority vis-à-vis staff of the agency, including the Executive Director.

| (22) | To ensure the efficient day-to-day functioning of Europol, the Executive Director should be its legal representative and manager, acting independently in the performance of his or her duties and ensuring that Europol carries out the tasks provided for by this Regulation. In particular, the Executive Director should be responsible for preparing budgetary and planning documents submitted for the decision of the Management Board and for implementing the multiannual programming and annual work programmes of Europol and other planning documents. |
| --- | --- |

(22)

To ensure the efficient day-to-day functioning of Europol, the Executive Director should be its legal representative and manager, acting independently in the performance of his or her duties and ensuring that Europol carries out the tasks provided for by this Regulation. In particular, the Executive Director should be responsible for preparing budgetary and planning documents submitted for the decision of the Management Board and for implementing the multiannual programming and annual work programmes of Europol and other planning documents.

| (23) | For the purposes of preventing and combating crime falling within the scope of its objectives, it is necessary for Europol to have the fullest and most up-to-date information possible. Therefore, Europol should be able to process data provided to it by Member States, Union bodies, third countries, international organisations and, under stringent conditions laid down by this Regulation, private parties, as well as data coming from publicly available sources, in order to develop an understanding of criminal phenomena and trends, to gather information about criminal networks, and to detect links between different criminal offences. |
| --- | --- |

(23)

For the purposes of preventing and combating crime falling within the scope of its objectives, it is necessary for Europol to have the fullest and most up-to-date information possible. Therefore, Europol should be able to process data provided to it by Member States, Union bodies, third countries, international organisations and, under stringent conditions laid down by this Regulation, private parties, as well as data coming from publicly available sources, in order to develop an understanding of criminal phenomena and trends, to gather information about criminal networks, and to detect links between different criminal offences.

| (24) | To improve Europol's effectiveness in providing accurate crime analyses to the competent authorities of the Member States, it should use new technologies to process data. Europol should be able to swiftly detect links between investigations and common modi operandi across different criminal groups, to check cross-matches of data and to have a clear overview of trends, while guaranteeing a high level of protection of personal data for individuals. Therefore, Europol databases should be structured in such a way as to allow Europol to choose the most efficient IT structure. Europol should also be able to act as a service provider, in particular by providing a secure network for the exchange of data, such as the secure information exchange network application (SIENA), aimed at facilitating the exchange of information between Member States, Europol, other Union bodies, third countries and international organisations. In order to ensure a high level of data protection, the purpose of processing operations and access rights as well as specific additional safeguards should be laid down. In particular, the principles of necessity and proportionality should be observed with regard to the processing of personal data. |
| --- | --- |

(24)

To improve Europol's effectiveness in providing accurate crime analyses to the competent authorities of the Member States, it should use new technologies to process data. Europol should be able to swiftly detect links between investigations and common modi operandi across different criminal groups, to check cross-matches of data and to have a clear overview of trends, while guaranteeing a high level of protection of personal data for individuals. Therefore, Europol databases should be structured in such a way as to allow Europol to choose the most efficient IT structure. Europol should also be able to act as a service provider, in particular by providing a secure network for the exchange of data, such as the secure information exchange network application (SIENA), aimed at facilitating the exchange of information between Member States, Europol, other Union bodies, third countries and international organisations. In order to ensure a high level of data protection, the purpose of processing operations and access rights as well as specific additional safeguards should be laid down. In particular, the principles of necessity and proportionality should be observed with regard to the processing of personal data.

| (25) | Europol should ensure that all personal data processed for operational analyses are allocated a specific purpose. Nonetheless, in order for Europol to fulfil its mission, it should be allowed to process all personal data received to identify links between multiple crime areas and investigations, and should not be limited to identifying connections only within one crime area. |
| --- | --- |

(25)

Europol should ensure that all personal data processed for operational analyses are allocated a specific purpose. Nonetheless, in order for Europol to fulfil its mission, it should be allowed to process all personal data received to identify links between multiple crime areas and investigations, and should not be limited to identifying connections only within one crime area.

| (26) | To respect the ownership of data and the protection of personal data, Member States, Union bodies, third countries and international organisations should be able to determine the purpose or purposes for which Europol may process the data they provide and to restrict access rights. Purpose limitation is a fundamental principle of personal data processing; in particular, it contributes to transparency, legal certainty and predictability and is particularly of high importance in the area of law enforcement cooperation, where data subjects are usually unaware when their personal data are being collected and processed and where the use of personal data may have a very significant impact on the lives and freedoms of individuals. |
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(26)

To respect the ownership of data and the protection of personal data, Member States, Union bodies, third countries and international organisations should be able to determine the purpose or purposes for which Europol may process the data they provide and to restrict access rights. Purpose limitation is a fundamental principle of personal data processing; in particular, it contributes to transparency, legal certainty and predictability and is particularly of high importance in the area of law enforcement cooperation, where data subjects are usually unaware when their personal data are being collected and processed and where the use of personal data may have a very significant impact on the lives and freedoms of individuals.

| (27) | To ensure that data are accessed only by those needing access in order to perform their tasks, this Regulation should lay down detailed rules on different degrees of right of access to data processed by Europol. Such rules should be without prejudice to restrictions on access imposed by data providers, as the principle of ownership of data should be respected. In order to increase efficiency in the prevention and combating of crimes falling within the scope of Europol's objectives, Europol should notify Member States of information which concerns them. |
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(27)

To ensure that data are accessed only by those needing access in order to perform their tasks, this Regulation should lay down detailed rules on different degrees of right of access to data processed by Europol. Such rules should be without prejudice to restrictions on access imposed by data providers, as the principle of ownership of data should be respected. In order to increase efficiency in the prevention and combating of crimes falling within the scope of Europol's objectives, Europol should notify Member States of information which concerns them.

| (28) | To enhance operational cooperation between the agencies, and particularly to establish links between data already in the possession of the different agencies, Europol should enable Eurojust and the European Anti-Fraud Office (OLAF) to have access, on the basis of a hit/no hit system, to data available at Europol. Europol and Eurojust should be able to conclude a working arrangement ensuring, in a reciprocal manner within their respective mandates, access to, and the possibility of searching, all information that has been provided for the purpose of cross-checking in accordance with specific safeguards and data protection guarantees provided for in this Regulation. Any access to data available at Europol should, by technical means, be limited to information falling within the respective mandates of those Union bodies. |
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(28)

To enhance operational cooperation between the agencies, and particularly to establish links between data already in the possession of the different agencies, Europol should enable Eurojust and the European Anti-Fraud Office (OLAF) to have access, on the basis of a hit/no hit system, to data available at Europol. Europol and Eurojust should be able to conclude a working arrangement ensuring, in a reciprocal manner within their respective mandates, access to, and the possibility of searching, all information that has been provided for the purpose of cross-checking in accordance with specific safeguards and data protection guarantees provided for in this Regulation. Any access to data available at Europol should, by technical means, be limited to information falling within the respective mandates of those Union bodies.

| (29) | Europol should maintain cooperative relations with other Union bodies, authorities of third countries, international organisations and private parties, to the extent required for the accomplishment of its tasks. |
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(29)

Europol should maintain cooperative relations with other Union bodies, authorities of third countries, international organisations and private parties, to the extent required for the accomplishment of its tasks.

| (30) | To ensure operational effectiveness, Europol should be able to exchange all relevant information, with the exception of personal data, with other Union bodies, authorities of third countries and international organisations, to the extent necessary for the performance of its tasks. Since companies, firms, business associations, non-governmental organisations and other private parties hold expertise and information of direct relevance to the prevention and combating of serious crime and terrorism, Europol should also be able to exchange such information with private parties. To prevent and combat cybercrime, as related to network and information security incidents, Europol should, pursuant to the applicable legislative act of the Union laying down measures to ensure a high common level of network and information security across the Union, cooperate and exchange information, with the exception of personal data, with national authorities competent for the security of network and information systems. |
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(30)

To ensure operational effectiveness, Europol should be able to exchange all relevant information, with the exception of personal data, with other Union bodies, authorities of third countries and international organisations, to the extent necessary for the performance of its tasks. Since companies, firms, business associations, non-governmental organisations and other private parties hold expertise and information of direct relevance to the prevention and combating of serious crime and terrorism, Europol should also be able to exchange such information with private parties. To prevent and combat cybercrime, as related to network and information security incidents, Europol should, pursuant to the applicable legislative act of the Union laying down measures to ensure a high common level of network and information security across the Union, cooperate and exchange information, with the exception of personal data, with national authorities competent for the security of network and information systems.

| (31) | Europol should be able to exchange relevant personal data with other Union bodies to the extent necessary for the accomplishment of its or their tasks. |
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(31)

Europol should be able to exchange relevant personal data with other Union bodies to the extent necessary for the accomplishment of its or their tasks.

| (32) | Serious crime and terrorism often have links beyond the territory of the Union. Europol should therefore be able to exchange personal data with authorities of third countries and with international organisations such as the International Criminal Police Organisation — Interpol to the extent necessary for the accomplishment of its tasks. |
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(32)

Serious crime and terrorism often have links beyond the territory of the Union. Europol should therefore be able to exchange personal data with authorities of third countries and with international organisations such as the International Criminal Police Organisation — Interpol to the extent necessary for the accomplishment of its tasks.

| (33) | All Member States are affiliated to Interpol. To fulfil its mission, Interpol receives, stores and circulates data to assist competent law enforcement authorities to prevent and combat international crime. Therefore, it is appropriate to strengthen cooperation between Europol and Interpol by promoting an efficient exchange of personal data whilst ensuring respect for fundamental rights and freedoms regarding the automatic processing of personal data. When personal data is transferred from Europol to Interpol, this Regulation, in particular the provisions on international transfers, should apply. |
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(33)

All Member States are affiliated to Interpol. To fulfil its mission, Interpol receives, stores and circulates data to assist competent law enforcement authorities to prevent and combat international crime. Therefore, it is appropriate to strengthen cooperation between Europol and Interpol by promoting an efficient exchange of personal data whilst ensuring respect for fundamental rights and freedoms regarding the automatic processing of personal data. When personal data is transferred from Europol to Interpol, this Regulation, in particular the provisions on international transfers, should apply.

| (34) | To guarantee purpose limitation, it is important to ensure that personal data can be transferred by Europol to Union bodies, third countries and international organisations only if necessary for preventing and combating crime that falls within Europol's objectives. To this end, it is necessary to ensure that, when personal data are transferred, the recipient gives an undertaking that the data will be used by the recipient or transferred onward to a competent authority of a third country solely for the purpose for which they were originally transferred. Further onward transfer of the data should take place in compliance with this Regulation. |
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(34)

To guarantee purpose limitation, it is important to ensure that personal data can be transferred by Europol to Union bodies, third countries and international organisations only if necessary for preventing and combating crime that falls within Europol's objectives. To this end, it is necessary to ensure that, when personal data are transferred, the recipient gives an undertaking that the data will be used by the recipient or transferred onward to a competent authority of a third country solely for the purpose for which they were originally transferred. Further onward transfer of the data should take place in compliance with this Regulation.

| (35) | Europol should be able to transfer personal data to an authority of a third country or an international organisation on the basis of a Commission decision finding that the country or international organisation in question ensures an adequate level of data protection (‘adequacy decision’), or, in the absence of an adequacy decision, an international agreement concluded by the Union pursuant to Article 218 TFEU, or a cooperation agreement allowing for the exchange of personal data concluded between Europol and the third country prior to the entry into force of this Regulation. In light of Article 9 of Protocol No 36 on transitional provisions, annexed to the TEU and to the TFEU, the legal effects of such agreements are to be preserved until those agreements are repealed, annulled or amended in the implementation of the Treaties. Where appropriate and in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council (11), the Commission should be able to consult the European Data Protection Supervisor (EDPS) before and during the negotiation of an international agreement. Where the Management Board identifies an operational need for cooperation with a third country or an international organisation, it should be able to suggest to the Council that the latter draw the attention of the Commission to the need for an adequacy decision or for a recommendation for the opening of negotiations on an international agreement as referred to above. |
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(35)

Europol should be able to transfer personal data to an authority of a third country or an international organisation on the basis of a Commission decision finding that the country or international organisation in question ensures an adequate level of data protection (‘adequacy decision’), or, in the absence of an adequacy decision, an international agreement concluded by the Union pursuant to Article 218 TFEU, or a cooperation agreement allowing for the exchange of personal data concluded between Europol and the third country prior to the entry into force of this Regulation. In light of Article 9 of Protocol No 36 on transitional provisions, annexed to the TEU and to the TFEU, the legal effects of such agreements are to be preserved until those agreements are repealed, annulled or amended in the implementation of the Treaties. Where appropriate and in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council (11), the Commission should be able to consult the European Data Protection Supervisor (EDPS) before and during the negotiation of an international agreement. Where the Management Board identifies an operational need for cooperation with a third country or an international organisation, it should be able to suggest to the Council that the latter draw the attention of the Commission to the need for an adequacy decision or for a recommendation for the opening of negotiations on an international agreement as referred to above.

| (36) | Where a transfer of personal data cannot be based on an adequacy decision, an international agreement concluded by the Union or an existing cooperation agreement, the Management Board, in agreement with the EDPS, should be allowed to authorise a set of transfers, where specific conditions so require and provided that adequate safeguards are ensured. The Executive Director should be allowed to authorise the transfer of data in exceptional cases on a case-by-case basis, where such transfer is required, under specific strict conditions. |
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(36)

Where a transfer of personal data cannot be based on an adequacy decision, an international agreement concluded by the Union or an existing cooperation agreement, the Management Board, in agreement with the EDPS, should be allowed to authorise a set of transfers, where specific conditions so require and provided that adequate safeguards are ensured. The Executive Director should be allowed to authorise the transfer of data in exceptional cases on a case-by-case basis, where such transfer is required, under specific strict conditions.

| (37) | Europol should be able to process personal data originating from private parties and private persons only if those data are transferred to Europol by one of the following: a national unit in accordance with its national law; a contact point in a third country or an international organisation with which there is established cooperation through a cooperation agreement allowing for the exchange of personal data concluded in accordance with Article 23 of Decision 2009/371/JHA prior to the entry into force of this Regulation; an authority of a third country or an international organisation which is subject to an adequacy decision or with which the Union has concluded an international agreement pursuant to Article 218 TFEU. However, in cases where Europol receives personal data directly from private parties and the national unit, contact point or authority concerned cannot be identified, Europol should be able to process those personal data solely for the purpose of identifying those entities, and such data should be deleted unless those entities resubmit those personal data within four months after the transfer takes place. Europol should ensure by technical means that, during that period, such data would not be accessible for processing for any other purpose. |
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(37)

Europol should be able to process personal data originating from private parties and private persons only if those data are transferred to Europol by one of the following: a national unit in accordance with its national law; a contact point in a third country or an international organisation with which there is established cooperation through a cooperation agreement allowing for the exchange of personal data concluded in accordance with Article 23 of Decision 2009/371/JHA prior to the entry into force of this Regulation; an authority of a third country or an international organisation which is subject to an adequacy decision or with which the Union has concluded an international agreement pursuant to Article 218 TFEU. However, in cases where Europol receives personal data directly from private parties and the national unit, contact point or authority concerned cannot be identified, Europol should be able to process those personal data solely for the purpose of identifying those entities, and such data should be deleted unless those entities resubmit those personal data within four months after the transfer takes place. Europol should ensure by technical means that, during that period, such data would not be accessible for processing for any other purpose.

| (38) | Taking into account the exceptional and specific threat posed to the internal security of the Union by terrorism and other forms of serious crime, especially when facilitated, promoted or committed using the internet, the activities that Europol should undertake on the basis of this Regulation, stemming from its implementation of the Council Conclusions of 12 March 2015 and the call by the European Council of 23 April 2015 in relation especially to those priority areas, in particular the corresponding practice of direct exchanges of personal data with private parties, should be evaluated by the Commission by 1 May 2019. |
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(38)

Taking into account the exceptional and specific threat posed to the internal security of the Union by terrorism and other forms of serious crime, especially when facilitated, promoted or committed using the internet, the activities that Europol should undertake on the basis of this Regulation, stemming from its implementation of the Council Conclusions of 12 March 2015 and the call by the European Council of 23 April 2015 in relation especially to those priority areas, in particular the corresponding practice of direct exchanges of personal data with private parties, should be evaluated by the Commission by 1 May 2019.

| (39) | Any information which has clearly been obtained in obvious violation of human rights should not be processed. |
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(39)

Any information which has clearly been obtained in obvious violation of human rights should not be processed.

| (40) | Data protection rules at Europol should be strengthened and should draw on the principles underpinning Regulation (EC) No 45/2001 to ensure a high level of protection of individuals with regard to the processing of personal data. As Declaration No 21 on the protection of personal data in the fields of judicial cooperation in criminal matters and police cooperation, attached to the TEU and the TFEU, recognises the specificity of personal data processing in the law enforcement context, the data protection rules of Europol should be autonomous while at the same time consistent with other relevant data protection instruments applicable in the area of police cooperation in the Union. Those instruments include, in particular, Directive (EU) 2016/680 of the European Parliament and of the Council (12), as well as the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data of the Council of Europe and its Recommendation No R(87) 15 (13). |
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(40)

Data protection rules at Europol should be strengthened and should draw on the principles underpinning Regulation (EC) No 45/2001 to ensure a high level of protection of individuals with regard to the processing of personal data. As Declaration No 21 on the protection of personal data in the fields of judicial cooperation in criminal matters and police cooperation, attached to the TEU and the TFEU, recognises the specificity of personal data processing in the law enforcement context, the data protection rules of Europol should be autonomous while at the same time consistent with other relevant data protection instruments applicable in the area of police cooperation in the Union. Those instruments include, in particular, Directive (EU) 2016/680 of the European Parliament and of the Council (12), as well as the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data of the Council of Europe and its Recommendation No R(87) 15 (13).

| (41) | Any processing of personal data by Europol should be lawful and fair in relation to the data subjects concerned. The principle of fair processing requires transparency of processing allowing data subjects concerned to exercise their rights under this Regulation. It should be possible nevertheless to refuse or restrict access to their personal data if, with due regard to the interests of the data subjects concerned, such refusal or restriction constitutes a necessary measure to enable Europol to fulfil its tasks properly, to protect security and public order or to prevent crime, to guarantee that a national investigation will not be jeopardised or to protect the rights and freedoms of third parties. To enhance transparency, Europol should make publicly available a document setting out in an intelligible form the applicable provisions regarding the processing of personal data and the means available to data subjects to exercise their rights. Europol should also publish on its website a list of adequacy decisions, agreements and administrative arrangements relating to the transfer of personal data to third countries and international organisations. Moreover, in order to increase Europol's transparency vis-à-vis Union citizens and its accountability, Europol should publish on its website a list of its Management Board members and, where appropriate, the summaries of the outcome of the meetings of the Management Board, while respecting data protection requirements. |
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(41)

Any processing of personal data by Europol should be lawful and fair in relation to the data subjects concerned. The principle of fair processing requires transparency of processing allowing data subjects concerned to exercise their rights under this Regulation. It should be possible nevertheless to refuse or restrict access to their personal data if, with due regard to the interests of the data subjects concerned, such refusal or restriction constitutes a necessary measure to enable Europol to fulfil its tasks properly, to protect security and public order or to prevent crime, to guarantee that a national investigation will not be jeopardised or to protect the rights and freedoms of third parties. To enhance transparency, Europol should make publicly available a document setting out in an intelligible form the applicable provisions regarding the processing of personal data and the means available to data subjects to exercise their rights. Europol should also publish on its website a list of adequacy decisions, agreements and administrative arrangements relating to the transfer of personal data to third countries and international organisations. Moreover, in order to increase Europol's transparency vis-à-vis Union citizens and its accountability, Europol should publish on its website a list of its Management Board members and, where appropriate, the summaries of the outcome of the meetings of the Management Board, while respecting data protection requirements.

| (42) | As far as possible, personal data should be distinguished according to their degree of accuracy and reliability. Facts should be distinguished from personal assessments, in order to ensure both the protection of individuals and the quality and reliability of the information processed by Europol. In the case of information obtained from publicly available sources, particularly sources on the internet, Europol should as far as possible assess the accuracy of such information and the reliability of its source with particular diligence in order to address the risks associated with the internet as regards the protection of personal data and privacy. |
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(42)

As far as possible, personal data should be distinguished according to their degree of accuracy and reliability. Facts should be distinguished from personal assessments, in order to ensure both the protection of individuals and the quality and reliability of the information processed by Europol. In the case of information obtained from publicly available sources, particularly sources on the internet, Europol should as far as possible assess the accuracy of such information and the reliability of its source with particular diligence in order to address the risks associated with the internet as regards the protection of personal data and privacy.

| (43) | Personal data relating to different categories of data subjects are processed in the area of law enforcement cooperation. Europol should make distinctions between personal data in respect of different categories of data subjects as clear as possible. Personal data concerning persons such as victims, witnesses and persons possessing relevant information, as well as personal data concerning minors, should in particular be protected. Europol should only process sensitive data if those data supplement other personal data already processed by Europol. |
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(43)

Personal data relating to different categories of data subjects are processed in the area of law enforcement cooperation. Europol should make distinctions between personal data in respect of different categories of data subjects as clear as possible. Personal data concerning persons such as victims, witnesses and persons possessing relevant information, as well as personal data concerning minors, should in particular be protected. Europol should only process sensitive data if those data supplement other personal data already processed by Europol.

| (44) | In the light of the fundamental right to the protection of personal data, Europol should not store personal data for longer than is necessary for the performance of its tasks. The need for continued storage of such data should be reviewed no later than three years after the start of its initial processing. |
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(44)

In the light of the fundamental right to the protection of personal data, Europol should not store personal data for longer than is necessary for the performance of its tasks. The need for continued storage of such data should be reviewed no later than three years after the start of its initial processing.

| (45) | To guarantee the security of personal data, Europol and Member States should implement necessary technical and organisational measures. |
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(45)

To guarantee the security of personal data, Europol and Member States should implement necessary technical and organisational measures.

| (46) | Any data subject should have a right of access to personal data concerning him or her, a right to rectification if those data are inaccurate, and a right to erasure or restriction if those data are no longer required. The costs related to exercising the right of access to personal data should not represent a barrier to effectively exercising that right. The rights of the data subject and the exercise thereof should not affect the obligations incumbent upon Europol and should be subject to the restrictions laid down in this Regulation. |
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(46)

Any data subject should have a right of access to personal data concerning him or her, a right to rectification if those data are inaccurate, and a right to erasure or restriction if those data are no longer required. The costs related to exercising the right of access to personal data should not represent a barrier to effectively exercising that right. The rights of the data subject and the exercise thereof should not affect the obligations incumbent upon Europol and should be subject to the restrictions laid down in this Regulation.

| (47) | The protection of the rights and freedoms of data subjects requires a clear attribution of the responsibilities under this Regulation. In particular, Member States should be responsible for the accuracy of data, for keeping up to date the data they have transferred to Europol and for the legality of such data transfers. Europol should be responsible for the accuracy of data and for keeping up to date the data provided by other data suppliers or resulting from Europol's own analyses. Europol should ensure that data are processed fairly and lawfully, and are collected and processed for a specific purpose. Europol should also ensure that the data are adequate, relevant, not excessive in relation to the purpose for which they are processed, stored no longer than is necessary for that purpose, and processed in a manner that ensures appropriate security of personal data and confidentiality of data processing. |
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(47)

The protection of the rights and freedoms of data subjects requires a clear attribution of the responsibilities under this Regulation. In particular, Member States should be responsible for the accuracy of data, for keeping up to date the data they have transferred to Europol and for the legality of such data transfers. Europol should be responsible for the accuracy of data and for keeping up to date the data provided by other data suppliers or resulting from Europol's own analyses. Europol should ensure that data are processed fairly and lawfully, and are collected and processed for a specific purpose. Europol should also ensure that the data are adequate, relevant, not excessive in relation to the purpose for which they are processed, stored no longer than is necessary for that purpose, and processed in a manner that ensures appropriate security of personal data and confidentiality of data processing.

| (48) | Europol should keep records of collection, alteration, access, disclosure, combination or erasure of personal data for the purposes of verifying the lawfulness of the data processing, self-monitoring and ensuring proper data integrity and security. Europol should be obliged to co-operate with the EDPS and to make logs or documentation available upon request, so that they can be used for monitoring processing operations. |
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(48)

Europol should keep records of collection, alteration, access, disclosure, combination or erasure of personal data for the purposes of verifying the lawfulness of the data processing, self-monitoring and ensuring proper data integrity and security. Europol should be obliged to co-operate with the EDPS and to make logs or documentation available upon request, so that they can be used for monitoring processing operations.

| (49) | Europol should designate a Data Protection Officer to assist it in monitoring compliance with this Regulation. The Data Protection Officer should be in a position to perform his or her duties and tasks independently and effectively, and should be provided with the necessary resources to do so. |
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(49)

Europol should designate a Data Protection Officer to assist it in monitoring compliance with this Regulation. The Data Protection Officer should be in a position to perform his or her duties and tasks independently and effectively, and should be provided with the necessary resources to do so.

| (50) | Independent, transparent, accountable and effective structures for supervision are essential for the protection of individuals with regard to the processing of personal data as required by Article 8(3) of the Charter of Fundamental Rights of the European Union. National authorities competent for the supervision of the processing of personal data should monitor the lawfulness of personal data provided by Member States to Europol. The EDPS should monitor the lawfulness of data processing carried out by Europol, exercising his or her functions with complete independence. In this regard, the prior consultation mechanism is an important safeguard for new types of processing operations. This should not apply to specific individual operational activities, such as operational analysis projects, but to the use of new IT systems for the processing of personal data and any substantial changes thereto. |
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(50)

Independent, transparent, accountable and effective structures for supervision are essential for the protection of individuals with regard to the processing of personal data as required by Article 8(3) of the Charter of Fundamental Rights of the European Union. National authorities competent for the supervision of the processing of personal data should monitor the lawfulness of personal data provided by Member States to Europol. The EDPS should monitor the lawfulness of data processing carried out by Europol, exercising his or her functions with complete independence. In this regard, the prior consultation mechanism is an important safeguard for new types of processing operations. This should not apply to specific individual operational activities, such as operational analysis projects, but to the use of new IT systems for the processing of personal data and any substantial changes thereto.

| (51) | It is important to ensure strengthened and effective supervision of Europol and to guarantee that the EDPS can make use of appropriate law enforcement data protection expertise when he or she assumes responsibility for data protection supervision of Europol. The EDPS and national supervisory authorities should closely cooperate with each other on specific issues requiring national involvement and should ensure the consistent application of this Regulation throughout the Union. |
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(51)

It is important to ensure strengthened and effective supervision of Europol and to guarantee that the EDPS can make use of appropriate law enforcement data protection expertise when he or she assumes responsibility for data protection supervision of Europol. The EDPS and national supervisory authorities should closely cooperate with each other on specific issues requiring national involvement and should ensure the consistent application of this Regulation throughout the Union.

| (52) | In order to facilitate the cooperation between the EDPS and the national supervisory authorities, but without prejudice to the independence of the EDPS and his or her responsibility for data protection supervision of Europol, they should regularly meet within the Cooperation Board, which, as an advisory body, should deliver opinions, guidelines, recommendations and best practices on various issues requiring national involvement. |
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(52)

In order to facilitate the cooperation between the EDPS and the national supervisory authorities, but without prejudice to the independence of the EDPS and his or her responsibility for data protection supervision of Europol, they should regularly meet within the Cooperation Board, which, as an advisory body, should deliver opinions, guidelines, recommendations and best practices on various issues requiring national involvement.

| (53) | As Europol also processes non-operational personal data, unrelated to criminal investigations, such as personal data concerning staff of Europol, service providers or visitors, the processing of such data should be subject to Regulation (EC) No 45/2001. |
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(53)

As Europol also processes non-operational personal data, unrelated to criminal investigations, such as personal data concerning staff of Europol, service providers or visitors, the processing of such data should be subject to Regulation (EC) No 45/2001.

| (54) | The EDPS should hear and investigate complaints lodged by data subjects. The investigation following a complaint should be carried out, subject to judicial review, to the extent that is appropriate in the specific case. The national supervisory authority should inform the data subject of the progress and the outcome of the complaint within a reasonable period. |
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(54)

The EDPS should hear and investigate complaints lodged by data subjects. The investigation following a complaint should be carried out, subject to judicial review, to the extent that is appropriate in the specific case. The national supervisory authority should inform the data subject of the progress and the outcome of the complaint within a reasonable period.

| (55) | Any individual should have the right to a judicial remedy against a decision of the EDPS concerning him or her. |
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(55)

Any individual should have the right to a judicial remedy against a decision of the EDPS concerning him or her.

| (56) | Europol should be subject to the general rules on contractual and non-contractual liability applicable to Union institutions, agencies and bodies, save as regards the rules on liability for unlawful data processing. |
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(56)

Europol should be subject to the general rules on contractual and non-contractual liability applicable to Union institutions, agencies and bodies, save as regards the rules on liability for unlawful data processing.

| (57) | It may be unclear for the individual concerned whether damage suffered as a result of unlawful data processing is a consequence of action by Europol or by a Member State. Europol and the Member State in which the event that gave rise to the damage occurred should therefore be jointly and severally liable. |
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(57)

It may be unclear for the individual concerned whether damage suffered as a result of unlawful data processing is a consequence of action by Europol or by a Member State. Europol and the Member State in which the event that gave rise to the damage occurred should therefore be jointly and severally liable.

| (58) | While respecting the role of the European Parliament together with national parliaments in the scrutiny of Europol's activities, it is necessary that Europol be a fully accountable and transparent internal organisation. To that end, in light of Article 88 TFEU, procedures should be established for the scrutiny of Europol's activities by the European Parliament together with national parliaments. Such procedures should be subject to point (c) of Article 12 TEU and to Article 9 of Protocol No 1, providing that the European Parliament and national parliaments are together to determine the organisation and promotion of effective and regular interparliamentary cooperation within the Union. The procedures to be established for the scrutiny of Europol's activities should take due account of the need to ensure that the European Parliament and the national parliaments stand on an equal footing, as well as the need to safeguard the confidentiality of operational information. However, the way in which national parliaments scrutinise their governments in relation to the activities of the Union is a matter for the particular constitutional organisation and practice of each Member State. |
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(58)

While respecting the role of the European Parliament together with national parliaments in the scrutiny of Europol's activities, it is necessary that Europol be a fully accountable and transparent internal organisation. To that end, in light of Article 88 TFEU, procedures should be established for the scrutiny of Europol's activities by the European Parliament together with national parliaments. Such procedures should be subject to point (c) of Article 12 TEU and to Article 9 of Protocol No 1, providing that the European Parliament and national parliaments are together to determine the organisation and promotion of effective and regular interparliamentary cooperation within the Union. The procedures to be established for the scrutiny of Europol's activities should take due account of the need to ensure that the European Parliament and the national parliaments stand on an equal footing, as well as the need to safeguard the confidentiality of operational information. However, the way in which national parliaments scrutinise their governments in relation to the activities of the Union is a matter for the particular constitutional organisation and practice of each Member State.

| (59) | The Staff Regulations of Officials of the European Union (the ‘Staff Regulations’) and the Conditions of Employment of Other Servants of the European Union (the ‘Conditions of Employment of Other Servants’) laid down in Council Regulation (EEC, Euratom, ECSC) No 259/68 (14) should apply to Europol staff. Europol should be able to employ staff from the competent authorities of the Member States as temporary agents whose period of service should be limited in order to maintain the principle of rotation, as the subsequent reintegration of such staff members into the service of their competent authority facilitates close cooperation between Europol and the competent authorities of the Member States. Member States should take any measure necessary to ensure that staff engaged at Europol as temporary agents may, at the end of their term of service at Europol, return to the national civil service to which they belong. |
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(59)

The Staff Regulations of Officials of the European Union (the ‘Staff Regulations’) and the Conditions of Employment of Other Servants of the European Union (the ‘Conditions of Employment of Other Servants’) laid down in Council Regulation (EEC, Euratom, ECSC) No 259/68 (14) should apply to Europol staff. Europol should be able to employ staff from the competent authorities of the Member States as temporary agents whose period of service should be limited in order to maintain the principle of rotation, as the subsequent reintegration of such staff members into the service of their competent authority facilitates close cooperation between Europol and the competent authorities of the Member States. Member States should take any measure necessary to ensure that staff engaged at Europol as temporary agents may, at the end of their term of service at Europol, return to the national civil service to which they belong.

| (60) | Given the nature of the duties of Europol and the role of the Executive Director, the competent committee of the European Parliament should be able to invite the Executive Director to appear before it prior to his or her appointment, as well as prior to any extension of his or her term of office. The Executive Director should also present the annual report to the European Parliament and to the Council. Furthermore, the European Parliament and the Council should be able to invite the Executive Director to report on the performance of his or her duties. |
| --- | --- |

(60)

Given the nature of the duties of Europol and the role of the Executive Director, the competent committee of the European Parliament should be able to invite the Executive Director to appear before it prior to his or her appointment, as well as prior to any extension of his or her term of office. The Executive Director should also present the annual report to the European Parliament and to the Council. Furthermore, the European Parliament and the Council should be able to invite the Executive Director to report on the performance of his or her duties.

| (61) | To guarantee the full autonomy and independence of Europol, it should be granted an autonomous budget, with revenue coming essentially from a contribution from the general budget of the Union. The Union budgetary procedure should be applicable as far as the Union contribution and any other subsidies chargeable to the general budget of the Union are concerned. The auditing of accounts should be undertaken by the Court of Auditors. |
| --- | --- |

(61)

To guarantee the full autonomy and independence of Europol, it should be granted an autonomous budget, with revenue coming essentially from a contribution from the general budget of the Union. The Union budgetary procedure should be applicable as far as the Union contribution and any other subsidies chargeable to the general budget of the Union are concerned. The auditing of accounts should be undertaken by the Court of Auditors.

| (62) | Commission Delegated Regulation (EU) No 1271/2013 (15) should apply to Europol. |
| --- | --- |

(62)

Commission Delegated Regulation (EU) No 1271/2013 (15) should apply to Europol.

| (63) | Given their specific legal and administrative powers and their technical competences in conducting cross-border information-exchange activities, operations and investigations, including in joint investigation teams, and in providing facilities for training, the competent authorities of the Member States should be able to receive grants from Europol without a call for proposals in accordance with point (d) of Article 190(1) of Commission Delegated Regulation (EU) No 1268/2012 (16). |
| --- | --- |

(63)

Given their specific legal and administrative powers and their technical competences in conducting cross-border information-exchange activities, operations and investigations, including in joint investigation teams, and in providing facilities for training, the competent authorities of the Member States should be able to receive grants from Europol without a call for proposals in accordance with point (d) of Article 190(1) of Commission Delegated Regulation (EU) No 1268/2012 (16).

| (64) | Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council (17) should apply to Europol. |
| --- | --- |

(64)

Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council (17) should apply to Europol.

| (65) | Europol processes data that require particular protection as they include sensitive non-classified and EU classified information. Europol should therefore draw up rules on the confidentiality and processing of such information. The rules on the protection of EU classified information should be consistent with Council Decision 2013/488/EU (18). |
| --- | --- |

(65)

Europol processes data that require particular protection as they include sensitive non-classified and EU classified information. Europol should therefore draw up rules on the confidentiality and processing of such information. The rules on the protection of EU classified information should be consistent with Council Decision 2013/488/EU (18).

| (66) | It is appropriate to evaluate the application of this Regulation regularly. |
| --- | --- |

(66)

It is appropriate to evaluate the application of this Regulation regularly.

| (67) | The necessary provisions regarding accommodation for Europol in The Hague, where it has its headquarters, and the specific rules applicable to all Europol's staff and members of their families should be laid down in a headquarters agreement. Furthermore, the host Member State should provide the necessary conditions for the smooth operation of Europol, including multilingual, European-oriented schooling and appropriate transport connections, so as to attract high-quality human resources from as wide a geographical area as possible. |
| --- | --- |

(67)

The necessary provisions regarding accommodation for Europol in The Hague, where it has its headquarters, and the specific rules applicable to all Europol's staff and members of their families should be laid down in a headquarters agreement. Furthermore, the host Member State should provide the necessary conditions for the smooth operation of Europol, including multilingual, European-oriented schooling and appropriate transport connections, so as to attract high-quality human resources from as wide a geographical area as possible.

| (68) | Europol as established by this Regulation replaces and succeeds Europol as established by Decision 2009/371/JHA. It should therefore be the legal successor of all its contracts, including employment contracts, liabilities and properties acquired. International agreements concluded by Europol as established by Decision 2009/371/JHA and agreements concluded by Europol as established by the Europol Convention before 1 January 2010 should remain in force. |
| --- | --- |

(68)

Europol as established by this Regulation replaces and succeeds Europol as established by Decision 2009/371/JHA. It should therefore be the legal successor of all its contracts, including employment contracts, liabilities and properties acquired. International agreements concluded by Europol as established by Decision 2009/371/JHA and agreements concluded by Europol as established by the Europol Convention before 1 January 2010 should remain in force.

| (69) | To enable Europol to continue to fulfil the tasks of Europol as established by Decision 2009/371/JHA to the best of its abilities, transitional measures should be laid down, in particular with regard to the Management Board, the Executive Director and staff employed under a contract of indefinite duration as a local staff member concluded by Europol as established by the Europol Convention, who should be offered the possibility of employment as a member of the temporary or contract staff under the Conditions of Employment of Other Servants. |
| --- | --- |

(69)

To enable Europol to continue to fulfil the tasks of Europol as established by Decision 2009/371/JHA to the best of its abilities, transitional measures should be laid down, in particular with regard to the Management Board, the Executive Director and staff employed under a contract of indefinite duration as a local staff member concluded by Europol as established by the Europol Convention, who should be offered the possibility of employment as a member of the temporary or contract staff under the Conditions of Employment of Other Servants.

| (70) | The Council Act of 3 December 1998 (19) on Europol staff regulations has been repealed by Article 63 of Decision 2009/371/JHA. However, it should continue to apply to staff employed by Europol before the entry into force of Decision 2009/371/JHA. Therefore, transitional provisions should provide that contracts concluded in accordance with those staff regulations are to remain governed by them. |
| --- | --- |

(70)

The Council Act of 3 December 1998 (19) on Europol staff regulations has been repealed by Article 63 of Decision 2009/371/JHA. However, it should continue to apply to staff employed by Europol before the entry into force of Decision 2009/371/JHA. Therefore, transitional provisions should provide that contracts concluded in accordance with those staff regulations are to remain governed by them.

| (71) | Since the objective of this Regulation, namely the establishment of an entity responsible for law enforcement cooperation at Union level, cannot be sufficiently achieved by the Member States but can rather, by reason of the scale and effects of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective. |
| --- | --- |

(71)

Since the objective of this Regulation, namely the establishment of an entity responsible for law enforcement cooperation at Union level, cannot be sufficiently achieved by the Member States but can rather, by reason of the scale and effects of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.

| (72) | In accordance with Article 3 and Article 4a(1) of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the TEU and to the TFEU, Ireland has notified its wish to take part in the adoption and application of this Regulation. |
| --- | --- |

(72)

In accordance with Article 3 and Article 4a(1) of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the TEU and to the TFEU, Ireland has notified its wish to take part in the adoption and application of this Regulation.

| (73) | In accordance with Articles 1 and 2 and Article 4a(1) of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the TEU and the TFEU, and without prejudice to Article 4 of that Protocol, the United Kingdom is not taking part in the adoption of this Regulation and is not bound by it or subject to its application. |
| --- | --- |

(73)

In accordance with Articles 1 and 2 and Article 4a(1) of Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, annexed to the TEU and the TFEU, and without prejudice to Article 4 of that Protocol, the United Kingdom is not taking part in the adoption of this Regulation and is not bound by it or subject to its application.

| (74) | In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the TEU and to the TFEU, Denmark is not taking part in the adoption of this Regulation and is not bound by it or subject to its application. |
| --- | --- |

(74)

In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the TEU and to the TFEU, Denmark is not taking part in the adoption of this Regulation and is not bound by it or subject to its application.

| (75) | The EDPS has been consulted and issued an opinion on 31 May 2013. |
| --- | --- |

(75)

The EDPS has been consulted and issued an opinion on 31 May 2013.

| (76) | This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, in particular the right to the protection of personal data and the right to privacy as protected by Articles 8 and 7 of the Charter, as well as by Article 16 TFEU, |
| --- | --- |

(76)

This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, in particular the right to the protection of personal data and the right to privacy as protected by Articles 8 and 7 of the Charter, as well as by Article 16 TFEU,

HAVE ADOPTED THIS REGULATION:

CHAPTER I

GENERAL PROVISIONS, OBJECTIVES AND TASKS OF EUROPOL

Article 1

Establishment of the European Union Agency for Law Enforcement Cooperation

1.   A European Union Agency for Law Enforcement Cooperation (Europol) is hereby established with a view to supporting cooperation among law enforcement authorities in the Union.

2.   Europol as established by this Regulation shall replace and succeed Europol as established by Decision 2009/371/JHA.

Article 2

Definitions

For the purposes of this Regulation:

| (a) | ‘the competent authorities of the Member States’ means all police authorities and other law enforcement services existing in the Member States which are responsible under national law for preventing and combating criminal offences. The competent authorities shall also comprise other public authorities existing in the Member States which are responsible under national law for preventing and combating criminal offences in respect of which Europol is competent; |
| --- | --- |

(a)

‘the competent authorities of the Member States’ means all police authorities and other law enforcement services existing in the Member States which are responsible under national law for preventing and combating criminal offences. The competent authorities shall also comprise other public authorities existing in the Member States which are responsible under national law for preventing and combating criminal offences in respect of which Europol is competent;

| (b) | ‘strategic analysis’ means all methods and techniques by which information is collected, stored, processed and assessed with the aim of supporting and developing a criminal policy that contributes to the efficient and effective prevention of, and the fight against, crime; |
| --- | --- |

(b)

‘strategic analysis’ means all methods and techniques by which information is collected, stored, processed and assessed with the aim of supporting and developing a criminal policy that contributes to the efficient and effective prevention of, and the fight against, crime;

| (c) | ‘operational analysis’ means all methods and techniques by which information is collected, stored, processed and assessed with the aim of supporting criminal investigations; |
| --- | --- |

(c)

‘operational analysis’ means all methods and techniques by which information is collected, stored, processed and assessed with the aim of supporting criminal investigations;

| (d) | ‘Union bodies’ means institutions, bodies, missions, offices and agencies set up by, or on the basis of, the TEU and the TFEU; |
| --- | --- |

(d)

‘Union bodies’ means institutions, bodies, missions, offices and agencies set up by, or on the basis of, the TEU and the TFEU;

| (e) | ‘international organisation’ means an organisation and its subordinate bodies governed by public international law, or any other body which is set up by, or on the basis of, an agreement between two or more countries; |
| --- | --- |

(e)

‘international organisation’ means an organisation and its subordinate bodies governed by public international law, or any other body which is set up by, or on the basis of, an agreement between two or more countries;

| (f) | ‘private parties’ means entities and bodies established under the law of a Member State or third country, in particular companies and firms, business associations, non-profit organisations and other legal persons that are not covered by point (e); |
| --- | --- |

(f)

‘private parties’ means entities and bodies established under the law of a Member State or third country, in particular companies and firms, business associations, non-profit organisations and other legal persons that are not covered by point (e);

| (g) | ‘private persons’ means all natural persons; |
| --- | --- |

(g)

‘private persons’ means all natural persons;

| (h) | ‘personal data’ means any information relating to a data subject; |
| --- | --- |

(h)

‘personal data’ means any information relating to a data subject;

| (i) | ‘data subject’ means an identified or identifiable natural person, an identifiable person being a person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data or an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person; |
| --- | --- |

(i)

‘data subject’ means an identified or identifiable natural person, an identifiable person being a person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data or an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person;

| (j) | ‘genetic data’ means all personal data relating to the genetic characteristics of an individual that have been inherited or acquired, which give unique information about the physiology or the health of that individual, resulting in particular from an analysis of a biological sample from the individual in question; |
| --- | --- |

(j)

‘genetic data’ means all personal data relating to the genetic characteristics of an individual that have been inherited or acquired, which give unique information about the physiology or the health of that individual, resulting in particular from an analysis of a biological sample from the individual in question;

| (k) | ‘processing’ means any operation or set of operations which is performed upon personal data or sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction; |
| --- | --- |

(k)

‘processing’ means any operation or set of operations which is performed upon personal data or sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;

| (l) | ‘recipient’ means a natural or legal person, public authority, agency or any other body to which data are disclosed, whether a third party or not; |
| --- | --- |

(l)

‘recipient’ means a natural or legal person, public authority, agency or any other body to which data are disclosed, whether a third party or not;

| (m) | ‘transfer of personal data’ means the communication of personal data, actively made available, between a limited number of identified parties, with the knowledge or intention of the sender to give the recipient access to the personal data; |
| --- | --- |

(m)

‘transfer of personal data’ means the communication of personal data, actively made available, between a limited number of identified parties, with the knowledge or intention of the sender to give the recipient access to the personal data;

| (n) | ‘personal data breach’ means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed; |
| --- | --- |

(n)

‘personal data breach’ means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed;

| (o) | ‘the data subject's consent’ means any freely given, specific, informed and unambiguous indication of his or her wishes by which the data subject, either by a statement or by a clear affirmative action, signifies agreement to personal data relating to him or her being processed; |
| --- | --- |

(o)

‘the data subject's consent’ means any freely given, specific, informed and unambiguous indication of his or her wishes by which the data subject, either by a statement or by a clear affirmative action, signifies agreement to personal data relating to him or her being processed;

| (p) | ‘administrative personal data’ means all personal data processed by Europol apart from those that are processed to meet the objectives laid down in Article 3. |
| --- | --- |

(p)

‘administrative personal data’ means all personal data processed by Europol apart from those that are processed to meet the objectives laid down in Article 3.

Article 3

Objectives

1.   Europol shall support and strengthen action by the competent authorities of the Member States and their mutual cooperation in preventing and combating serious crime affecting two or more Member States, terrorism and forms of crime which affect a common interest covered by a Union policy, as listed in Annex I.

2.   In addition to paragraph 1, Europol's objectives shall also cover related criminal offences. The following shall be considered to be related criminal offences:

| (a) | criminal offences committed in order to procure the means of perpetrating acts in respect of which Europol is competent; |
| --- | --- |

(a)

criminal offences committed in order to procure the means of perpetrating acts in respect of which Europol is competent;

| (b) | criminal offences committed in order to facilitate or perpetrate acts in respect of which Europol is competent; |
| --- | --- |

(b)

criminal offences committed in order to facilitate or perpetrate acts in respect of which Europol is competent;

| (c) | criminal offences committed in order to ensure the impunity of those committing acts in respect of which Europol is competent. |
| --- | --- |

(c)

criminal offences committed in order to ensure the impunity of those committing acts in respect of which Europol is competent.

Article 4

Tasks

1.   Europol shall perform the following tasks in order to achieve the objectives set out in Article 3:

| (a) | collect, store, process, analyse and exchange information, including criminal intelligence; |
| --- | --- |

(a)

collect, store, process, analyse and exchange information, including criminal intelligence;

| (b) | notify the Member States, via the national units established or designated pursuant to Article 7(2), without delay of any information and connections between criminal offences concerning them; |
| --- | --- |

(b)

notify the Member States, via the national units established or designated pursuant to Article 7(2), without delay of any information and connections between criminal offences concerning them;

| (c) | coordinate, organise and implement investigative and operational actions to support and strengthen actions by the competent authorities of the Member States, that are carried out:






  (i) | jointly with the competent authorities of the Member States; or |
| --- | --- | --- |

(c)

coordinate, organise and implement investigative and operational actions to support and strengthen actions by the competent authorities of the Member States, that are carried out:

(i)

jointly with the competent authorities of the Member States; or

| (ii) | in the context of joint investigation teams in accordance with Article 5 and, where appropriate, in liaison with Eurojust; |
| --- | --- |

(ii)

in the context of joint investigation teams in accordance with Article 5 and, where appropriate, in liaison with Eurojust;

| (d) | participate in joint investigation teams, as well as propose that they be set up in accordance with Article 5; |
| --- | --- |

(d)

participate in joint investigation teams, as well as propose that they be set up in accordance with Article 5;

| (e) | provide information and analytical support to Member States in connection with major international events; |
| --- | --- |

(e)

provide information and analytical support to Member States in connection with major international events;

| (f) | prepare threat assessments, strategic and operational analyses and general situation reports; |
| --- | --- |

(f)

prepare threat assessments, strategic and operational analyses and general situation reports;

| (g) | develop, share and promote specialist knowledge of crime prevention methods, investigative procedures and technical and forensic methods, and provide advice to Member States; |
| --- | --- |

(g)

develop, share and promote specialist knowledge of crime prevention methods, investigative procedures and technical and forensic methods, and provide advice to Member States;

| (h) | support Member States' cross-border information exchange activities, operations and investigations, as well as joint investigation teams, including by providing operational, technical and financial support; |
| --- | --- |

(h)

support Member States' cross-border information exchange activities, operations and investigations, as well as joint investigation teams, including by providing operational, technical and financial support;

| (i) | provide specialised training and assist Member States in organising training, including with the provision of financial support, within the scope of its objectives and in accordance with the staffing and budgetary resources at its disposal in coordination with the European Union Agency for Law Enforcement Training (CEPOL); |
| --- | --- |

(i)

provide specialised training and assist Member States in organising training, including with the provision of financial support, within the scope of its objectives and in accordance with the staffing and budgetary resources at its disposal in coordination with the European Union Agency for Law Enforcement Training (CEPOL);

| (j) | cooperate with the Union bodies established on the basis of Title V of the TFEU and with OLAF, in particular through exchanges of information and by providing them with analytical support in the areas that fall within their competence; |
| --- | --- |

(j)

cooperate with the Union bodies established on the basis of Title V of the TFEU and with OLAF, in particular through exchanges of information and by providing them with analytical support in the areas that fall within their competence;

| (k) | provide information and support to EU crisis management structures and missions established on the basis of the TEU, within the scope of Europol's objectives as set out in Article 3; |
| --- | --- |

(k)

provide information and support to EU crisis management structures and missions established on the basis of the TEU, within the scope of Europol's objectives as set out in Article 3;

| (l) | develop Union centres of specialised expertise for combating certain types of crime falling within the scope of Europol's objectives, in particular the European Cybercrime Centre; |
| --- | --- |

(l)

develop Union centres of specialised expertise for combating certain types of crime falling within the scope of Europol's objectives, in particular the European Cybercrime Centre;

| (m) | support Member States' actions in preventing and combating forms of crime listed in Annex I which are facilitated, promoted or committed using the internet, including, in cooperation with Member States, the making of referrals of internet content, by which such forms of crime are facilitated, promoted or committed, to the online service providers concerned for their voluntary consideration of the compatibility of the referred internet content with their own terms and conditions. |
| --- | --- |

(m)

support Member States' actions in preventing and combating forms of crime listed in Annex I which are facilitated, promoted or committed using the internet, including, in cooperation with Member States, the making of referrals of internet content, by which such forms of crime are facilitated, promoted or committed, to the online service providers concerned for their voluntary consideration of the compatibility of the referred internet content with their own terms and conditions.

2.   Europol shall provide strategic analyses and threat assessments to assist the Council and the Commission in laying down strategic and operational priorities of the Union for fighting crime. Europol shall also assist in the operational implementation of those priorities.

3.   Europol shall provide strategic analyses and threat assessments to assist the efficient and effective use of the resources available at national and Union level for operational activities and the support of those activities.

4.   Europol shall act as the Central Office for combating euro counterfeiting in accordance with Council Decision 2005/511/JHA (20). Europol shall also encourage the coordination of measures carried out to fight euro counterfeiting by the competent authorities of the Member States or in the context of joint investigation teams, where appropriate in liaison with Union bodies and the authorities of third countries.

5.   Europol shall not apply coercive measures in carrying out its tasks.

CHAPTER II

COOPERATION BETWEEN MEMBER STATES AND EUROPOL

Article 5

Participation in joint investigation teams

1.   Europol staff may participate in the activities of joint investigation teams dealing with crime falling within Europol's objectives. The agreement setting up a joint investigation team shall determine the conditions relating to the participation of the Europol staff in the team, and shall include information on the rules on liability.

2.   Europol staff may, within the limits of the laws of the Member States in which a joint investigation team is operating, assist in all activities and exchanges of information with all members of the joint investigation team.

3.   Europol staff participating in a joint investigation team may, in accordance with this Regulation, provide all members of the team with necessary information processed by Europol for the purposes set out in Article 18(2). Europol shall at the same time inform the national units of the Member States represented in the team, as well as those of the Member States which provided the information.

4.   Information obtained by Europol staff while part of the joint investigation team may, with the consent and under the responsibility of the Member State which provided the information, be processed by Europol for the purposes set out in Article 18(2), under the conditions laid down in this Regulation.

5.   Where Europol has reason to believe that setting up a joint investigation team would add value to an investigation, it may propose this to the Member States concerned and take measures to assist them in setting up the joint investigation team.

Article 6

Request by Europol for the initiation of a criminal investigation

1.   In specific cases where Europol considers that a criminal investigation should be initiated into a crime falling within the scope of its objectives, it shall request the competent authorities of the Member States concerned via the national units to initiate, conduct or coordinate such a criminal investigation.

2.   The national units shall inform Europol without delay of the decision of the competent authorities of the Member States concerning any request made pursuant to paragraph 1.

3.   If the competent authorities of a Member State decide not to accede to a request made by Europol pursuant to paragraph 1, they shall inform Europol of the reasons for their decision without undue delay, preferably within one month of receipt of the request. However, the reasons may be withheld if providing them would:

| (a) | be contrary to the essential interests of the security of the Member State concerned; or |
| --- | --- |

(a)

be contrary to the essential interests of the security of the Member State concerned; or

| (b) | jeopardise the success of an ongoing investigation or the safety of an individual. |
| --- | --- |

(b)

jeopardise the success of an ongoing investigation or the safety of an individual.

4.   Europol shall immediately inform Eurojust of any request made pursuant to paragraph 1 and of any decision of a competent authority of a Member State pursuant to paragraph 2.

Article 7

Europol national units

1.   The Member States and Europol shall cooperate with each other in the fulfilment of their respective tasks set out in this Regulation.

2.   Each Member State shall establish or designate a national unit, which shall be the liaison body between Europol and the competent authorities of that Member State. Each Member State shall appoint an official as the head of its national unit.

3.   Each Member State shall ensure that its national unit is competent under national law to fulfil the tasks assigned to national units in this Regulation, and in particular that it has access to national law enforcement data and other relevant data necessary for cooperation with Europol.

4.   Each Member State shall determine the organisation and the staff of its national unit in accordance with its national law.

5.   In accordance with paragraph 2, the national unit shall be the liaison body between Europol and the competent authorities of the Member States. However, subject to conditions determined by the Member States, including prior involvement of the national unit, the Member States may allow direct contacts between their competent authorities and Europol. The national unit shall at the same time receive from Europol any information exchanged in the course of direct contacts between Europol and the competent authorities, unless the national unit indicates that it does not need to receive such information.

6.   Each Member State shall, via its national unit or, subject to paragraph 5, a competent authority, in particular:

| (a) | supply Europol with the information necessary for it to fulfil its objectives, including information relating to forms of crime the prevention or combating of which is considered a priority by the Union; |
| --- | --- |

(a)

supply Europol with the information necessary for it to fulfil its objectives, including information relating to forms of crime the prevention or combating of which is considered a priority by the Union;

| (b) | ensure effective communication and cooperation of all relevant competent authorities with Europol; |
| --- | --- |

(b)

ensure effective communication and cooperation of all relevant competent authorities with Europol;

| (c) | raise awareness of Europol's activities; |
| --- | --- |

(c)

raise awareness of Europol's activities;

| (d) | in accordance with point (a) of Article 38(5), ensure compliance with national law when supplying information to Europol. |
| --- | --- |

(d)

in accordance with point (a) of Article 38(5), ensure compliance with national law when supplying information to Europol.

7.   Without prejudice to the discharge by Member States of their responsibilities with regard to the maintenance of law and order and the safeguarding of internal security, Member States shall not in any particular case be obliged to supply information in accordance with point (a) of paragraph 6 that would:

| (a) | be contrary to the essential interests of the security of the Member State concerned; |
| --- | --- |

(a)

be contrary to the essential interests of the security of the Member State concerned;

| (b) | jeopardise the success of an ongoing investigation or the safety of an individual; or |
| --- | --- |

(b)

jeopardise the success of an ongoing investigation or the safety of an individual; or

| (c) | disclose information relating to organisations or specific intelligence activities in the field of national security. |
| --- | --- |

(c)

disclose information relating to organisations or specific intelligence activities in the field of national security.

However, Member States shall supply information as soon as it ceases to fall within the scope of points (a), (b) or (c) of the first subparagraph.

8.   Member States shall ensure that their financial intelligence units established pursuant to Directive 2005/60/EC of the European Parliament and of the Council (21) are allowed to cooperate with Europol via their national unit regarding analyses, within the limits of their mandate and competence.

9.   The heads of the national units shall meet on a regular basis, in particular to discuss and resolve problems that occur in the context of their operational cooperation with Europol.

10.   The costs incurred by national units in communications with Europol shall be borne by the Member States and, with the exception of the costs of connection, shall not be charged to Europol.

11.   Europol shall draw up an annual report on the information provided by each Member State pursuant to point (a) of paragraph 6 on the basis of the quantitative and qualitative evaluation criteria defined by the Management Board. The annual report shall be sent to the European Parliament, the Council, the Commission and national parliaments.

Article 8

Liaison officers

1.   Each national unit shall designate at least one liaison officer to be attached to Europol. Except as otherwise laid down in this Regulation, the liaison officers shall be subject to the national law of the designating Member State.

2.   Liaison officers shall constitute the national liaison bureaux at Europol and shall be instructed by their national units to represent the interests of the latter within Europol in accordance with the national law of the designating Member State and the provisions applicable to the administration of Europol.

3.   Liaison officers shall assist in the exchange of information between Europol and their Member States.

4.   Liaison officers shall, in accordance with their national law, assist in the exchange of information between their Member States and the liaison officers of other Member States, third countries and international organisations. Europol's infrastructure may be used, in accordance with national law, for such bilateral exchanges also to cover crimes falling outside the scope of the objectives of Europol. All such exchanges of information shall be in accordance with applicable Union and national law.

5.   The Management Board shall determine the rights and obligations of liaison officers in relation to Europol. Liaison officers shall enjoy the privileges and immunities necessary for the performance of their tasks in accordance with Article 63(2).

6.   Europol shall ensure that liaison officers are fully informed of and associated with all of its activities, in so far as necessary for the performance of their tasks.

7.   Europol shall cover the costs of providing Member States with the necessary premises within the Europol building and adequate support for liaison officers to perform their duties. All other costs that arise in connection with the designation of liaison officers shall be borne by the designating Member State, including the costs of equipment for liaison officers, unless the European Parliament and the Council decide otherwise on the recommendation of the Management Board.

CHAPTER III

ORGANISATION OF EUROPOL

Article 9

Administrative and management structure of Europol

The administrative and management structure of Europol shall comprise:

| (a) | a Management Board; |
| --- | --- |

(a)

a Management Board;

| (b) | an Executive Director; |
| --- | --- |

(b)

an Executive Director;

| (c) | where appropriate, other advisory bodies established by the Management Board in accordance with point (s) of Article 11(1). |
| --- | --- |

(c)

where appropriate, other advisory bodies established by the Management Board in accordance with point (s) of Article 11(1).

SECTION 1

Management Board

Article 10

Composition of the Management Board

1.   The Management Board shall be composed of one representative from each Member State and one representative of the Commission. Each representative shall have a voting right.

2.   The members of the Management Board shall be appointed taking into account their knowledge of law enforcement cooperation.

3.   Each member of the Management Board shall have an alternate member who shall be appointed taking into account the criterion set out in paragraph 2. The alternate member shall represent the member in his or her absence.

The principle of a balanced gender representation on the Management Board shall also be taken into account.

4.   Without prejudice to the right of the Member States and of the Commission to terminate the mandate of their respective member and alternate member, the membership of the Management Board shall be for a period of four years. That term shall be extendable.

Article 11

Functions of the Management Board

1.   The Management Board shall:

| (a) | adopt each year, by a majority of two-thirds of its members and in accordance with Article 12, a document containing Europol's multiannual programming and its annual work programme for the following year; |
| --- | --- |

(a)

adopt each year, by a majority of two-thirds of its members and in accordance with Article 12, a document containing Europol's multiannual programming and its annual work programme for the following year;

| (b) | adopt, by a majority of two-thirds of its members, the annual budget of Europol and exercise other functions in respect of Europol's budget pursuant to Chapter X; |
| --- | --- |

(b)

adopt, by a majority of two-thirds of its members, the annual budget of Europol and exercise other functions in respect of Europol's budget pursuant to Chapter X;

| (c) | adopt a consolidated annual activity report on Europol's activities and, by 1 July of the following year, send it to the European Parliament, the Council, the Commission, the Court of Auditors and the national parliaments. The consolidated annual activity report shall be made public; |
| --- | --- |

(c)

adopt a consolidated annual activity report on Europol's activities and, by 1 July of the following year, send it to the European Parliament, the Council, the Commission, the Court of Auditors and the national parliaments. The consolidated annual activity report shall be made public;

| (d) | adopt the financial rules applicable to Europol in accordance with Article 61; |
| --- | --- |

(d)

adopt the financial rules applicable to Europol in accordance with Article 61;

| (e) | adopt an internal anti-fraud strategy, proportionate to fraud risks, taking into account the costs and benefits of the measures to be implemented; |
| --- | --- |

(e)

adopt an internal anti-fraud strategy, proportionate to fraud risks, taking into account the costs and benefits of the measures to be implemented;

| (f) | adopt rules for the prevention and management of conflicts of interest in respect of its members, including in relation to their declaration of interests; |
| --- | --- |

(f)

adopt rules for the prevention and management of conflicts of interest in respect of its members, including in relation to their declaration of interests;

| (g) | in accordance with paragraph 2, exercise, with respect to the staff of Europol, the powers conferred by the Staff Regulations on the appointing authority and by the Conditions of Employment of Other Servants on the authority empowered to conclude a contract of employment of other servants (‘the appointing authority powers’); |
| --- | --- |

(g)

in accordance with paragraph 2, exercise, with respect to the staff of Europol, the powers conferred by the Staff Regulations on the appointing authority and by the Conditions of Employment of Other Servants on the authority empowered to conclude a contract of employment of other servants (‘the appointing authority powers’);

| (h) | adopt appropriate implementing rules giving effect to the Staff Regulations and the Conditions of Employment of Other Servants in accordance with Article 110 of the Staff Regulations; |
| --- | --- |

(h)

adopt appropriate implementing rules giving effect to the Staff Regulations and the Conditions of Employment of Other Servants in accordance with Article 110 of the Staff Regulations;

| (i) | adopt internal rules regarding the procedure for the selection of the Executive Director, including rules on the composition of the selection committee which ensure its independence and impartiality; |
| --- | --- |

(i)

adopt internal rules regarding the procedure for the selection of the Executive Director, including rules on the composition of the selection committee which ensure its independence and impartiality;

| (j) | propose to the Council a shortlist of candidates for the posts of Executive Director and Deputy Executive Directors and, where relevant, propose to the Council that their terms of office be extended or that they be removed from office in accordance with Articles 54 and 55; |
| --- | --- |

(j)

propose to the Council a shortlist of candidates for the posts of Executive Director and Deputy Executive Directors and, where relevant, propose to the Council that their terms of office be extended or that they be removed from office in accordance with Articles 54 and 55;

| (k) | establish performance indicators and oversee the Executive Director's performance, including the implementation of Management Board decisions; |
| --- | --- |

(k)

establish performance indicators and oversee the Executive Director's performance, including the implementation of Management Board decisions;

| (l) | appoint a Data Protection Officer, who shall be functionally independent in the performance of his or her duties; |
| --- | --- |

(l)

appoint a Data Protection Officer, who shall be functionally independent in the performance of his or her duties;

| (m) | appoint an accounting officer, who shall be subject to the Staff Regulations and the Conditions of Employment of Other Servants and functionally independent in the performance of his or her duties; |
| --- | --- |

(m)

appoint an accounting officer, who shall be subject to the Staff Regulations and the Conditions of Employment of Other Servants and functionally independent in the performance of his or her duties;

| (n) | establish, where appropriate, an internal audit capability; |
| --- | --- |

(n)

establish, where appropriate, an internal audit capability;

| (o) | ensure adequate follow-up to findings and recommendations stemming from the internal or external audit reports and evaluations, as well as from investigations of OLAF and the EDPS; |
| --- | --- |

(o)

ensure adequate follow-up to findings and recommendations stemming from the internal or external audit reports and evaluations, as well as from investigations of OLAF and the EDPS;

| (p) | define the evaluation criteria for the annual report in accordance with Article 7(11); |
| --- | --- |

(p)

define the evaluation criteria for the annual report in accordance with Article 7(11);

| (q) | adopt guidelines further specifying the procedures for the processing of information by Europol in accordance with Article 18, after consulting the EDPS; |
| --- | --- |

(q)

adopt guidelines further specifying the procedures for the processing of information by Europol in accordance with Article 18, after consulting the EDPS;

| (r) | decide upon the conclusion of working and administrative arrangements in accordance with Article 23(4) and Article 25(1), respectively; |
| --- | --- |

(r)

decide upon the conclusion of working and administrative arrangements in accordance with Article 23(4) and Article 25(1), respectively;

| (s) | decide, taking into consideration both business and financial requirements, upon the establishment of Europol's internal structures, including Union centres of specialised expertise as referred to in point (l) of Article 4(1), upon a proposal of the Executive Director; |
| --- | --- |

(s)

decide, taking into consideration both business and financial requirements, upon the establishment of Europol's internal structures, including Union centres of specialised expertise as referred to in point (l) of Article 4(1), upon a proposal of the Executive Director;

| (t) | adopt its rules of procedure, including provisions concerning the tasks and the functioning of its secretariat; |
| --- | --- |

(t)

adopt its rules of procedure, including provisions concerning the tasks and the functioning of its secretariat;

| (u) | adopt, where appropriate, other internal rules. |
| --- | --- |

(u)

adopt, where appropriate, other internal rules.

2.   If the Management Board considers it necessary for the performance of Europol's tasks, it may suggest to the Council that it draw the attention of the Commission to the need for an adequacy decision as referred to in point (a) of Article 25(1) or for a recommendation for a decision authorising the opening of negotiations with a view to the conclusion of an international agreement as referred to in point (b) of Article 25(1).

3.   The Management Board shall, in accordance with Article 110 of the Staff Regulations, adopt a decision based on Article 2(1) of the Staff Regulations and on Article 6 of the Conditions of Employment of Other Servants delegating the relevant appointing authority powers to the Executive Director and establishing the conditions under which such delegation of powers may be suspended. The Executive Director shall be authorised to subdelegate those powers.

Where exceptional circumstances so require, the Management Board may, by way of a decision, temporarily suspend the delegation of the appointing authority powers to the Executive Director and any subdelegation of such powers and exercise them itself or delegate those powers to one of its members or to a staff member other than the Executive Director.

Article 12

Multiannual programming and annual work programmes

1.   The Management Board shall, by 30 November each year, adopt a document containing Europol's multiannual programming and annual work programme, based on a draft put forward by the Executive Director, taking into account the opinion of the Commission and, as regards the multiannual programming, after having consulted the JPSG. The Management Board shall forward that document to the Council, the Commission and the JPSG.

2.   The multiannual programming shall set out the overall strategic programming, including the objectives, expected results and performance indicators. It shall also set out the resource planning, including the multiannual budget and staff. It shall include the strategy for relations with third countries and international organisations.

The multiannual programming shall be implemented by means of annual work programmes and shall, where appropriate, be updated following the outcome of external and internal evaluations. The conclusion of those evaluations shall also be reflected, where appropriate, in the annual work programme for the following year.

3.   The annual work programme shall comprise detailed objectives, expected results and performance indicators. It shall also contain a description of the actions to be financed and an indication of the financial and human resources allocated to each action, in accordance with the principles of activity-based budgeting and management. The annual work programme shall be consistent with the multiannual programming. It shall clearly indicate tasks that have been added, changed or deleted compared to the previous financial year.

4.   Where, after adoption of an annual work programme, a new task is assigned to Europol, the Management Board shall amend the annual work programme.

5.   Any substantial amendment to the annual work programme shall be adopted by the same procedure as that applicable to the adoption of the initial annual work programme. The Management Board may delegate to the Executive Director the power to make non-substantial amendments to the annual work programme.

Article 13

Chairperson and Deputy Chairperson of the Management Board

1.   The Management Board shall elect a Chairperson and a Deputy Chairperson from within the group of three Member States that have jointly prepared the Council's 18-month programme. They shall serve for the 18-month period corresponding to that Council programme. If, however, the Chairperson's or the Deputy Chairperson's membership of the Management Board ends at any time during their term of office as Chairperson or Deputy Chairperson, their term of office shall automatically expire at the same time.

2.   The Chairperson and the Deputy Chairperson shall be elected by a majority of two-thirds of the members of the Management Board.

3.   Where the Chairperson is unable to carry out his or her duties, he or she shall automatically be replaced by the Deputy Chairperson.

Article 14

Meetings of the Management Board

1.   The Chairperson shall convene the meetings of the Management Board.

2.   The Executive Director shall take part in the deliberations of the Management Board.

3.   The Management Board shall hold at least two ordinary meetings a year. In addition, it shall meet on the initiative of its Chairperson, or at the request of the Commission or of at least one-third of its members.

4.   The Management Board may invite any person whose opinion may be relevant for the discussion, including, where appropriate, a representative of the JPSG, to attend its meeting as a non-voting observer.

5.   The members and the alternate members of the Management Board may, subject to its rules of procedure, be assisted at the meetings by advisers or experts.

6.   Europol shall provide the secretariat for the Management Board.

Article 15

Voting rules of the Management Board

1.   Without prejudice to points (a) and (b) of Article 11(1), Article 13(2), Article 50(2), Article 54(8) and Article 64, the Management Board shall take decisions by a majority of its members.

2.   Each member shall have one vote. In the absence of a voting member, his or her alternate shall be entitled to exercise his or her right to vote.

3.   The Executive Director shall not take part in the vote.

4.   The Management Board's rules of procedure shall establish more detailed voting arrangements, in particular the circumstances in which a member may act on behalf of another member, and any quorum requirements, where necessary.

SECTION 2

Executive Director

Article 16

Responsibilities of the Executive Director

1.   The Executive Director shall manage Europol. He or she shall be accountable to the Management Board.

2.   Without prejudice to the powers of the Commission or the Management Board, the Executive Director shall be independent in the performance of his or her duties and shall neither seek nor take instructions from any government or any other body.

3.   The Council may invite the Executive Director to report on the performance of his or her duties.

4.   The Executive Director shall be the legal representative of Europol.

5.   The Executive Director shall be responsible for the implementation of the tasks assigned to Europol by this Regulation, in particular:

| (a) | the day-to-day administration of Europol; |
| --- | --- |

(a)

the day-to-day administration of Europol;

| (b) | making proposals to the Management Board as regards the establishment of Europol's internal structures; |
| --- | --- |

(b)

making proposals to the Management Board as regards the establishment of Europol's internal structures;

| (c) | implementing decisions adopted by the Management Board; |
| --- | --- |

(c)

implementing decisions adopted by the Management Board;

| (d) | preparing the draft multiannual programming and annual work programmes and submitting them to the Management Board, after having consulted the Commission; |
| --- | --- |

(d)

preparing the draft multiannual programming and annual work programmes and submitting them to the Management Board, after having consulted the Commission;

| (e) | implementing the multiannual programming and the annual work programmes and reporting to the Management Board on their implementation; |
| --- | --- |

(e)

implementing the multiannual programming and the annual work programmes and reporting to the Management Board on their implementation;

| (f) | preparing appropriate draft implementing rules to give effect to the Staff Regulations and the Conditions of Employment of Other Servants in accordance with Article 110 of the Staff Regulations; |
| --- | --- |

(f)

preparing appropriate draft implementing rules to give effect to the Staff Regulations and the Conditions of Employment of Other Servants in accordance with Article 110 of the Staff Regulations;

| (g) | preparing the draft consolidated annual report on Europol's activities and presenting it to the Management Board for adoption; |
| --- | --- |

(g)

preparing the draft consolidated annual report on Europol's activities and presenting it to the Management Board for adoption;

| (h) | preparing an action plan following up conclusions of internal or external audit reports and evaluations, as well as investigation reports and recommendations from investigations by OLAF and the EDPS, and reporting on progress twice a year to the Commission and regularly to the Management Board; |
| --- | --- |

(h)

preparing an action plan following up conclusions of internal or external audit reports and evaluations, as well as investigation reports and recommendations from investigations by OLAF and the EDPS, and reporting on progress twice a year to the Commission and regularly to the Management Board;

| (i) | protecting the financial interests of the Union by applying measures to prevent fraud, corruption and any other illegal activity and, without prejudice to the investigative competence of OLAF, by effective checks and, if irregularities are detected, by recovering amounts wrongly paid and, where appropriate, by effective, proportionate and dissuasive administrative and financial penalties; |
| --- | --- |

(i)

protecting the financial interests of the Union by applying measures to prevent fraud, corruption and any other illegal activity and, without prejudice to the investigative competence of OLAF, by effective checks and, if irregularities are detected, by recovering amounts wrongly paid and, where appropriate, by effective, proportionate and dissuasive administrative and financial penalties;

| (j) | preparing a draft internal anti-fraud strategy for Europol and presenting it to the Management Board for adoption; |
| --- | --- |

(j)

preparing a draft internal anti-fraud strategy for Europol and presenting it to the Management Board for adoption;

| (k) | preparing draft internal rules for the prevention and management of conflicts of interest in respect of the members of the Management Board and presenting those draft rules to the Management Board for adoption; |
| --- | --- |

(k)

preparing draft internal rules for the prevention and management of conflicts of interest in respect of the members of the Management Board and presenting those draft rules to the Management Board for adoption;

| (l) | preparing draft financial rules applicable to Europol; |
| --- | --- |

(l)

preparing draft financial rules applicable to Europol;

| (m) | preparing Europol's draft statement of estimates of revenue and expenditure and implementing its budget; |
| --- | --- |

(m)

preparing Europol's draft statement of estimates of revenue and expenditure and implementing its budget;

| (n) | supporting the Chairperson of the Management Board in preparing Management Board meetings; |
| --- | --- |

(n)

supporting the Chairperson of the Management Board in preparing Management Board meetings;

| (o) | informing the Management Board on a regular basis regarding the implementation of Union strategic and operational priorities for fighting crime; |
| --- | --- |

(o)

informing the Management Board on a regular basis regarding the implementation of Union strategic and operational priorities for fighting crime;

| (p) | performing other tasks pursuant to this Regulation. |
| --- | --- |

(p)

performing other tasks pursuant to this Regulation.

CHAPTER IV

PROCESSING OF INFORMATION

Article 17

Sources of information

1.   Europol shall only process information that has been provided to it:

| (a) | by Member States in accordance with their national law and Article 7; |
| --- | --- |

(a)

by Member States in accordance with their national law and Article 7;

| (b) | by Union bodies, third countries and international organisations in accordance with Chapter V; |
| --- | --- |

(b)

by Union bodies, third countries and international organisations in accordance with Chapter V;

| (c) | by private parties and private persons in accordance with Chapter V. |
| --- | --- |

(c)

by private parties and private persons in accordance with Chapter V.

2.   Europol may directly retrieve and process information, including personal data, from publicly available sources, including the internet and public data.

3.   In so far as Europol is entitled under Union, international or national legal instruments to gain computerised access to data from Union, international or national information systems, it may retrieve and process information, including personal data, by such means if that is necessary for the performance of its tasks. The applicable provisions of such Union, international or national legal instruments shall govern access to, and the use of, that information by Europol, in so far as they provide for stricter rules on access and use than those laid down by this Regulation. Access to such information systems shall be granted only to duly authorised staff of Europol and only in so far as this is necessary and proportionate for the performance of their tasks.

Article 18

Purposes of information processing activities

1.   In so far as is necessary for the achievement of its objectives as laid down in Article 3, Europol may process information, including personal data.

2.   Personal data may be processed only for the purposes of:

| (a) | cross-checking aimed at identifying connections or other relevant links between information related to:






  (i) | persons who are suspected of having committed or taken part in a criminal offence in respect of which Europol is competent, or who have been convicted of such an offence; |
| --- | --- | --- |

(a)

cross-checking aimed at identifying connections or other relevant links between information related to:

(i)

persons who are suspected of having committed or taken part in a criminal offence in respect of which Europol is competent, or who have been convicted of such an offence;

| (ii) | persons regarding whom there are factual indications or reasonable grounds to believe that they will commit criminal offences in respect of which Europol is competent; |
| --- | --- |

(ii)

persons regarding whom there are factual indications or reasonable grounds to believe that they will commit criminal offences in respect of which Europol is competent;

| (b) | analyses of a strategic or thematic nature; |
| --- | --- |

(b)

analyses of a strategic or thematic nature;

| (c) | operational analyses; |
| --- | --- |

(c)

operational analyses;

| (d) | facilitating the exchange of information between Member States, Europol, other Union bodies, third countries and international organisations. |
| --- | --- |

(d)

facilitating the exchange of information between Member States, Europol, other Union bodies, third countries and international organisations.

3.   Processing for the purpose of operational analyses as referred to in point (c) of paragraph 2 shall be performed by means of operational analysis projects, in respect of which the following specific safeguards shall apply:

| (a) | for every operational analysis project, the Executive Director shall define the specific purpose, categories of personal data and categories of data subjects, participants, duration of storage and conditions for access, transfer and use of the data concerned, and shall inform the Management Board and the EDPS thereof; |
| --- | --- |

(a)

for every operational analysis project, the Executive Director shall define the specific purpose, categories of personal data and categories of data subjects, participants, duration of storage and conditions for access, transfer and use of the data concerned, and shall inform the Management Board and the EDPS thereof;

| (b) | personal data may only be collected and processed for the purpose of the specified operational analysis project. Where it becomes apparent that personal data may be relevant for another operational analysis project, further processing of that personal data shall only be permitted insofar as such further processing is necessary and proportionate and the personal data are compatible with the provisions set out in point (a) that apply to the other analysis project; |
| --- | --- |

(b)

personal data may only be collected and processed for the purpose of the specified operational analysis project. Where it becomes apparent that personal data may be relevant for another operational analysis project, further processing of that personal data shall only be permitted insofar as such further processing is necessary and proportionate and the personal data are compatible with the provisions set out in point (a) that apply to the other analysis project;

| (c) | only authorised staff may access and process the data of the relevant project. |
| --- | --- |

(c)

only authorised staff may access and process the data of the relevant project.

4.   The processing referred to in paragraphs 2 and 3 shall be carried out in compliance with the data protection safeguards provided for in this Regulation. Europol shall duly document those processing operations. The documentation shall be made available, upon request, to the Data Protection Officer and to the EDPS for the purpose of verifying the lawfulness of the processing operations.

5.   Categories of personal data and categories of data subjects whose data may be collected and processed for each purpose referred to in paragraph 2 are listed in Annex II.

6.   Europol may temporarily process data for the purpose of determining whether such data are relevant to its tasks and, if so, for which of the purposes referred to in paragraph 2. The Management Board, acting on a proposal from the Executive Director and after consulting the EDPS, shall further specify the conditions relating to the processing of such data, in particular with respect to access to and use of the data, as well as time limits for the storage and deletion of the data, which may not exceed six months, having due regard to the principles referred to in Article 28.

7.   The Management Board, after consulting the EDPS, shall, as appropriate, adopt guidelines further specifying procedures for the processing of information for the purposes listed in paragraph 2 in accordance with point (q) of Article 11(1).

Article 19

Determination of the purpose of, and restrictions on, the processing of information by Europol

1.   A Member State, a Union body, a third country or an international organisation providing information to Europol shall determine the purpose or purposes for which it is to be processed, as referred to in Article 18. If it has not done so, Europol, in agreement with the provider of the information concerned, shall process the information in order to determine the relevance of such information as well as the purpose or purposes for which it is to be further processed. Europol may process information for a purpose different from that for which information has been provided only if authorised so to do by the provider of the information.

2.   Member States, Union bodies, third countries and international organisations may indicate, at the moment of providing information to Europol, any restriction on access thereto or the use to be made thereof, in general or specific terms, including as regards its transfer, erasure or destruction. Where the need for such restrictions becomes apparent after the information has been provided, they shall inform Europol accordingly. Europol shall comply with such restrictions.

3.   In duly justified cases Europol may assign restrictions to access or use by Member States, Union bodies, third countries and international organisations of information retrieved from publicly available sources.

Article 20

Access by Member States and Europol's staff to information stored by Europol

1.   Member States shall, in accordance with their national law and Article 7(5), have access to, and be able to search, all information which has been provided for the purposes of points (a) and (b) of Article 18(2). This shall be without prejudice to the right of Member States, Union bodies, third countries and international organisations to indicate any restrictions in accordance with Article 19(2).

2.   Member States shall, in accordance with their national law and Article 7(5), have indirect access on the basis of a hit/no hit system to information provided for the purposes of point (c) of Article 18(2). This shall be without prejudice to any restrictions indicated by the Member States, Union bodies and third countries or international organisations providing the information, in accordance with Article 19(2).

In the case of a hit, Europol shall initiate the procedure by which the information that generated the hit may be shared, in accordance with the decision of the provider of the information to Europol.

3.   In accordance with national law, the information referred to in paragraphs 1 and 2 shall be accessed and further processed by Member States only for the purpose of preventing and combating:

| (a) | forms of crime in respect of which Europol is competent; and |
| --- | --- |

(a)

forms of crime in respect of which Europol is competent; and

| (b) | other forms of serious crime, as set out in Council Framework Decision 2002/584/JHA (22). |
| --- | --- |

(b)

other forms of serious crime, as set out in Council Framework Decision 2002/584/JHA (22).

4.   Europol staff duly empowered by the Executive Director shall have access to information processed by Europol to the extent required for the performance of their duties and without prejudice to Article 67.

Article 21

Access by Eurojust and OLAF to information stored by Europol

1.   Europol shall take all appropriate measures to enable Eurojust and OLAF, within their respective mandates, to have indirect access on the basis of a hit/no hit system to information provided for the purposes of points (a), (b) and (c) of Article 18(2), without prejudice to any restrictions indicated by the Member State, Union body, third country or international organisation providing the information in question, in accordance with Article 19(2).

In the case of a hit, Europol shall initiate the procedure by which the information that generated the hit may be shared, in accordance with the decision of the provider of the information to Europol, and only to the extent that the data generating the hit are necessary for the performance of Eurojust's or OLAF's tasks.

2.   Europol and Eurojust may conclude a working arrangement ensuring, in a reciprocal manner and within their respective mandates, access to, and the possibility of searching, all information that has been provided for the purpose specified in point (a) of Article 18(2). This shall be without prejudice to the right of Member States, Union bodies, third countries and international organisations to indicate restrictions on access to, and the use of, such data, and shall be in accordance with the data protection guarantees provided for in this Regulation.

3.   Searches of information in accordance with paragraphs 1 and 2 shall be carried out only for the purpose of identifying whether information available at Eurojust or OLAF matches with information processed at Europol.

4.   Europol shall allow searches in accordance with paragraphs 1 and 2 only after obtaining from Eurojust information on which National Members, Deputies and Assistants, as well as Eurojust staff members, and from OLAF information on which OLAF staff members, have been designated as authorised to perform such searches.

5.   If, during Europol's information-processing activities in respect of an individual investigation, Europol or a Member State identifies the need for coordination, cooperation or support in accordance with the mandate of Eurojust or OLAF, Europol shall notify them to that effect and shall initiate the procedure for sharing the information, in accordance with the decision of the Member State providing the information. In such a case, Eurojust or OLAF shall consult with Europol.

6.   Eurojust, including the College, the National Members, Deputies and Assistants, as well as Eurojust staff members, and OLAF, shall respect any restriction on access or use, in general or specific terms, indicated by Member States, Union bodies, third countries and international organisations in accordance with Article 19(2).

7.   Europol, Eurojust and OLAF shall inform each other if, after consulting each other's data in accordance with paragraph 2 or as a result of a hit in accordance with paragraph 1, there are indications that data may be incorrect or may conflict with other data.

Article 22

Duty to notify Member States

1.   Europol shall, in accordance with point (b) of Article 4(1), notify a Member State without delay of any information concerning it. If such information is subject to access restrictions pursuant to Article 19(2) that would prohibit its being shared, Europol shall consult with the provider of the information stipulating the access restriction and seek its authorisation for sharing.

In such a case, the information shall not be shared without an explicit authorisation by the provider.

2.   Irrespective of any access restrictions, Europol shall notify a Member State of any information concerning it if this is absolutely necessary in the interest of preventing an imminent threat to life.

In such a case, Europol shall at the same time notify the provider of the information about the sharing of the information and justify its analysis of the situation.

CHAPTER V

RELATIONS WITH PARTNERS

SECTION 1

Common provisions

Article 23

Common provisions

1.   In so far as necessary for the performance of its tasks, Europol may establish and maintain cooperative relations with Union bodies in accordance with the objectives of those bodies, the authorities of third countries, international organisations and private parties.

2.   Subject to any restriction pursuant to Article 19(2) and without prejudice to Article 67, Europol may directly exchange all information, with the exception of personal data, with entities referred to in paragraph 1 of this Article, in so far as such an exchange is relevant for the performance of Europol's tasks.

3.   The Executive Director shall inform the Management Board about any regular cooperative relations which Europol intends to establish and maintain in accordance with paragraphs 1 and 2, and about the development of such relations once established.

4.   For the purposes set out in paragraphs 1 and 2, Europol may conclude working arrangements with entities referred to in paragraph 1. Such working arrangements shall not allow the exchange of personal data and shall not bind the Union or its Member States.

5.   Europol may receive and process personal data from entities referred to in paragraph 1 insofar as necessary and proportionate for the legitimate performance of its tasks and subject to the provisions of this Chapter.

6.   Without prejudice to Article 30(5), personal data shall only be transferred by Europol to Union bodies, third countries and international organisations if necessary for preventing and combating crime falling within the scope of Europol's objectives and in accordance with this Regulation, and if the recipient gives an undertaking that the data will be processed only for the purpose for which they were transferred. If the data to be transferred have been provided by a Member State, Europol shall seek that Member State's consent, unless the Member State has granted its prior authorisation to such onward transfer, either in general terms or subject to specific conditions. Such consent may be withdrawn at any time.

7.   Onward transfers of personal data held by Europol by Member States, Union bodies, third countries and international organisations shall be prohibited, unless Europol has given its prior explicit authorisation.

8.   Europol shall ensure that detailed records of all transfers of personal data and of the grounds for such transfers are recorded in accordance with this Regulation.

9.   Any information which has clearly been obtained in obvious violation of human rights shall not be processed.

SECTION 2

Transfer and exchange of personal data

Article 24

Transfer of personal data to Union bodies

Subject to any possible restrictions pursuant to Article 19(2) or (3) and without prejudice to Article 67, Europol may directly transfer personal data to a Union body, insofar as such transfer is necessary for the performance of its tasks or those of the recipient Union body.

Article 25

Transfer of personal data to third countries and international organisations

1.   Subject to any possible restrictions pursuant to Article 19(2) or (3) and without prejudice to Article 67, Europol may transfer personal data to an authority of a third country or to an international organisation, insofar as such transfer is necessary for the performance of Europol's tasks, on the basis of one of the following:

| (a) | a decision of the Commission adopted in accordance with Article 36 of Directive (EU) 2016/680, finding that the third country or a territory or a processing sector within that third country or the international organisation in question ensures an adequate level of protection (‘adequacy decision’); |
| --- | --- |

(a)

a decision of the Commission adopted in accordance with Article 36 of Directive (EU) 2016/680, finding that the third country or a territory or a processing sector within that third country or the international organisation in question ensures an adequate level of protection (‘adequacy decision’);

| (b) | an international agreement concluded between the Union and that third country or international organisation pursuant to Article 218 TFEU adducing adequate safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals; |
| --- | --- |

(b)

an international agreement concluded between the Union and that third country or international organisation pursuant to Article 218 TFEU adducing adequate safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals;

| (c) | a cooperation agreement allowing for the exchange of personal data concluded, before 1 May 2017, between Europol and that third country or international organisation in accordance with Article 23 of Decision 2009/371/JHA. |
| --- | --- |

(c)

a cooperation agreement allowing for the exchange of personal data concluded, before 1 May 2017, between Europol and that third country or international organisation in accordance with Article 23 of Decision 2009/371/JHA.

Europol may conclude administrative arrangements to implement such agreements or adequacy decisions.

2.   The Executive Director shall inform the Management Board about exchanges of personal data on the basis of adequacy decisions pursuant to point (a) of paragraph 1.

3.   Europol shall publish on its website and keep up to date a list of adequacy decisions, agreements, administrative arrangements and other instruments relating to the transfer of personal data in accordance with paragraph 1.

4.   By 14 June 2021, the Commission shall assess the provisions contained in the cooperation agreements referred to in point (c) of paragraph 1, in particular those concerning data protection. The Commission shall inform the European Parliament and the Council about the outcome of that assessment, and may, if appropriate, submit to the Council a recommendation for a decision authorising the opening of negotiations for the conclusion of international agreements referred to in point (b) of paragraph (1).

5.   By way of derogation from paragraph 1, the Executive Director may authorise the transfer of personal data to third countries or international organisations on a case-by-case basis if the transfer is:

| (a) | necessary in order to protect the vital interests of the data subject or of another person; |
| --- | --- |

(a)

necessary in order to protect the vital interests of the data subject or of another person;

| (b) | necessary to safeguard legitimate interests of the data subject where the law of the Member State transferring the personal data so provides; |
| --- | --- |

(b)

necessary to safeguard legitimate interests of the data subject where the law of the Member State transferring the personal data so provides;

| (c) | essential for the prevention of an immediate and serious threat to the public security of a Member State or a third country; |
| --- | --- |

(c)

essential for the prevention of an immediate and serious threat to the public security of a Member State or a third country;

| (d) | necessary in individual cases for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal sanctions; or |
| --- | --- |

(d)

necessary in individual cases for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal sanctions; or

| (e) | necessary in individual cases for the establishment, exercise or defence of legal claims relating to the prevention, investigation, detection or prosecution of a specific criminal offence or the execution of a specific criminal sanction. |
| --- | --- |

(e)

necessary in individual cases for the establishment, exercise or defence of legal claims relating to the prevention, investigation, detection or prosecution of a specific criminal offence or the execution of a specific criminal sanction.

Personal data shall not be transferred if the Executive Director determines that fundamental rights and freedoms of the data subject concerned override the public interest in the transfer referred to in points (d) and (e).

Derogations may not be applicable to systematic, massive or structural transfers.

6.   By way of derogation from paragraph 1, the Management Board may, in agreement with the EDPS, authorise for a period not exceeding one year, which shall be renewable, a set of transfers in accordance with points (a) to (e) of paragraph 5, taking into account the existence of adequate safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals. Such authorisation shall be duly justified and documented.

7.   The Executive Director shall as soon as possible inform the Management Board and the EDPS of the cases in which paragraph 5 has been applied.

8.   Europol shall keep detailed records of all transfers made pursuant to this Article.

Article 26

Exchanges of personal data with private parties

1.   Insofar as is necessary in order for Europol to perform its tasks, Europol may process personal data obtained from private parties on condition that they are received via:

| (a) | a national unit in accordance with national law; |
| --- | --- |

(a)

a national unit in accordance with national law;

| (b) | the contact point of a third country or an international organisation with which Europol has concluded, before 1 May 2017, a cooperation agreement allowing for the exchange of personal data in accordance with Article 23 of Decision 2009/371/JHA; or |
| --- | --- |

(b)

the contact point of a third country or an international organisation with which Europol has concluded, before 1 May 2017, a cooperation agreement allowing for the exchange of personal data in accordance with Article 23 of Decision 2009/371/JHA; or

| (c) | an authority of a third country or an international organisation which is the subject of an adequacy decision as referred to in point (a) of Article 25(1) of this Regulation or with which the Union has concluded an international agreement pursuant to Article 218 TFEU. |
| --- | --- |

(c)

an authority of a third country or an international organisation which is the subject of an adequacy decision as referred to in point (a) of Article 25(1) of this Regulation or with which the Union has concluded an international agreement pursuant to Article 218 TFEU.

2.   In cases where Europol nonetheless receives personal data directly from private parties and where the national unit, contact point or authority concerned, as referred to in paragraph 1, cannot be identified, Europol may process those personal data solely for the purpose of such identification. Subsequently, the personal data shall be forwarded immediately to the national unit, contact point or authority concerned and shall be deleted unless the national unit, contact point or authority concerned resubmits those personal data in accordance with Article 19(1) within four months after the transfer takes place. Europol shall ensure by technical means that, during that period, the data in question are not accessible for processing for any other purpose.

3.   Following the transfer of personal data in accordance with point (c) of paragraph 5 of this Article, Europol may in connection therewith receive personal data directly from a private party which that private party declares it is legally allowed to transmit in accordance with the applicable law, in order to process such data for the performance of the task set out in point (m) of Article 4(1).

4.   If Europol receives personal data from a private party in a third country with which there is no agreement concluded either on the basis of Article 23 of Decision 2009/371/JHA or on the basis of Article 218 TFEU, or which is not the subject of an adequacy decision as referred to in point (a) of Article 25(1) of this Regulation, Europol may forward those data only to a Member State, or to a third country concerned with which such an agreement has been concluded.

5.   Europol may not transfer personal data to private parties except where, on a case-by-case basis where strictly necessary and subject to any possible restrictions stipulated pursuant to Article 19(2) or (3) and without prejudice to Article 67:

| (a) | the transfer is undoubtedly in the interests of the data subject, and either the data subject's consent has been given or the circumstances allow a clear presumption of consent; or |
| --- | --- |

(a)

the transfer is undoubtedly in the interests of the data subject, and either the data subject's consent has been given or the circumstances allow a clear presumption of consent; or

| (b) | the transfer is absolutely necessary in the interests of preventing the imminent perpetration of a crime, including terrorism, for which Europol is competent; or |
| --- | --- |

(b)

the transfer is absolutely necessary in the interests of preventing the imminent perpetration of a crime, including terrorism, for which Europol is competent; or

| (c) | the transfer of personal data which are publicly available is strictly necessary for the performance of the task set out in point (m) of Article 4(1) and the following conditions are met:






  (i) | the transfer concerns an individual and specific case; and |
| --- | --- | --- |

(c)

the transfer of personal data which are publicly available is strictly necessary for the performance of the task set out in point (m) of Article 4(1) and the following conditions are met:

(i)

the transfer concerns an individual and specific case; and

| (ii) | no fundamental rights and freedoms of the data subjects concerned override the public interest necessitating the transfer in the case at hand. |
| --- | --- |

(ii)

no fundamental rights and freedoms of the data subjects concerned override the public interest necessitating the transfer in the case at hand.

6.   With regard to points (a) and (b) of paragraph 5 of this Article, if the private party concerned is not established within the Union or in a country with which Europol has a cooperation agreement allowing for the exchange of personal data, with which the Union has concluded an international agreement pursuant to Article 218 TFEU or which is the subject of an adequacy decision as referred to in point (a) of Article 25(1) of this Regulation, the transfer shall only be authorised if the transfer is:

| (a) | necessary in order to protect the vital interests of the data subject or another person; or |
| --- | --- |

(a)

necessary in order to protect the vital interests of the data subject or another person; or

| (b) | necessary in order to safeguard legitimate interests of the data subject; or |
| --- | --- |

(b)

necessary in order to safeguard legitimate interests of the data subject; or

| (c) | essential for the prevention of an immediate and serious threat to public security of a Member State or a third country; or |
| --- | --- |

(c)

essential for the prevention of an immediate and serious threat to public security of a Member State or a third country; or

| (d) | necessary in individual cases for the purposes of the prevention, investigation, detection or prosecution of criminal offences for which Europol is competent; or |
| --- | --- |

(d)

necessary in individual cases for the purposes of the prevention, investigation, detection or prosecution of criminal offences for which Europol is competent; or

| (e) | necessary in individual cases for the establishment, exercise or defence of legal claims relating to the prevention, investigation, detection or prosecution of a specific criminal offence for which Europol is competent. |
| --- | --- |

(e)

necessary in individual cases for the establishment, exercise or defence of legal claims relating to the prevention, investigation, detection or prosecution of a specific criminal offence for which Europol is competent.

7.   Europol shall ensure that detailed records of all transfers of personal data and the grounds for such transfers are recorded in accordance with this Regulation and communicated upon request to the EDPS pursuant to Article 40.

8.   If the personal data received or to be transferred affect the interests of a Member State, Europol shall immediately inform the national unit of the Member State concerned.

9.   Europol shall not contact private parties to retrieve personal data.

10.   The Commission shall evaluate the practice of direct exchanges of personal data with private parties by 1 May 2019.

Article 27

Information from private persons

1.   Insofar as is necessary in order for Europol to perform its tasks, Europol may receive and process information originating from private persons. Personal data originating from private persons may only be processed by Europol on condition that they are received via:

| (a) | a national unit in accordance with national law; |
| --- | --- |

(a)

a national unit in accordance with national law;

| (b) | the contact point of a third country or an international organisation with which Europol has concluded, before 1 May 2017, a cooperation agreement allowing for the exchange of personal data in accordance with Article 23 of Decision 2009/371/JHA; or |
| --- | --- |

(b)

the contact point of a third country or an international organisation with which Europol has concluded, before 1 May 2017, a cooperation agreement allowing for the exchange of personal data in accordance with Article 23 of Decision 2009/371/JHA; or

| (c) | an authority of a third country or an international organisation which is the subject of an adequacy decision as referred to in point (a) of Article 25(1) or with which the Union has concluded an international agreement pursuant to Article 218 TFEU. |
| --- | --- |

(c)

an authority of a third country or an international organisation which is the subject of an adequacy decision as referred to in point (a) of Article 25(1) or with which the Union has concluded an international agreement pursuant to Article 218 TFEU.

2.   If Europol receives information, including personal data, from a private person residing in a third country with which there is no international agreement concluded either on the basis of Article 23 of Decision 2009/371/JHA or on the basis of Article 218 TFEU, or which is not the subject of an adequacy decision as referred to in point (a) of Article 25(1) of this Regulation, Europol may only forward that information to a Member State or to a third country concerned with which such an international agreement has been concluded.

3.   If the personal data received affect the interests of a Member State, Europol shall immediately inform the national unit of the Member State concerned.

4.   Europol shall not contact private persons to retrieve information.

5.   Without prejudice to Articles 36 and 37, Europol may not transfer personal data to private persons.

CHAPTER VI

DATA PROTECTION SAFEGUARDS

Article 28

General data protection principles

1.   Personal data shall be:

| (a) | processed fairly and lawfully; |
| --- | --- |

(a)

processed fairly and lawfully;

| (b) | collected for specified, explicit and legitimate purposes and not further processed in a manner incompatible with those purposes. Further processing of personal data for historical, statistical or scientific research purposes shall not be considered incompatible provided that Europol provides appropriate safeguards, in particular to ensure that data are not processed for any other purposes; |
| --- | --- |

(b)

collected for specified, explicit and legitimate purposes and not further processed in a manner incompatible with those purposes. Further processing of personal data for historical, statistical or scientific research purposes shall not be considered incompatible provided that Europol provides appropriate safeguards, in particular to ensure that data are not processed for any other purposes;

| (c) | adequate, relevant, and limited to what is necessary in relation to the purposes for which they are processed; |
| --- | --- |

(c)

adequate, relevant, and limited to what is necessary in relation to the purposes for which they are processed;

| (d) | accurate and kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay; |
| --- | --- |

(d)

accurate and kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay;

| (e) | kept in a form which permits identification of data subjects for no longer than necessary for the purposes for which the personal data are processed; and |
| --- | --- |

(e)

kept in a form which permits identification of data subjects for no longer than necessary for the purposes for which the personal data are processed; and

| (f) | processed in a manner that ensures appropriate security of personal data. |
| --- | --- |

(f)

processed in a manner that ensures appropriate security of personal data.

2.   Europol shall make publicly available a document setting out in an intelligible form the provisions regarding the processing of personal data and the means available for the exercise of the rights of data subjects.

Article 29

Assessment of reliability of the source and accuracy of information

1.   The reliability of the source of information originating from a Member State shall be assessed as far as possible by the providing Member State using the following source evaluation codes:

| | (A): where there is no doubt as to the authenticity, trustworthiness and competence of the source, or if the information is provided by a source which has proved to be reliable in all instances; |
| --- | --- |

(A): where there is no doubt as to the authenticity, trustworthiness and competence of the source, or if the information is provided by a source which has proved to be reliable in all instances;

| | (B): where the information is provided by a source which has in most instances proved to be reliable; |
| --- | --- |

(B): where the information is provided by a source which has in most instances proved to be reliable;

| | (C): where the information is provided by a source which has in most instances proved to be unreliable; |
| --- | --- |

(C): where the information is provided by a source which has in most instances proved to be unreliable;

| | (X): where the reliability of the source cannot be assessed. |
| --- | --- |

(X): where the reliability of the source cannot be assessed.

2.   The accuracy of information originating from a Member State shall be assessed as far as possible by the providing Member State using the following information evaluation codes:

| | (1): information the accuracy of which is not in doubt; |
| --- | --- |

(1): information the accuracy of which is not in doubt;

| | (2): information known personally to the source but not known personally to the official passing it on; |
| --- | --- |

(2): information known personally to the source but not known personally to the official passing it on;

| | (3): information not known personally to the source but corroborated by other information already recorded; |
| --- | --- |

(3): information not known personally to the source but corroborated by other information already recorded;

| | (4): information not known personally to the source and which cannot be corroborated. |
| --- | --- |

(4): information not known personally to the source and which cannot be corroborated.

3.   Where Europol, on the basis of information already in its possession, comes to the conclusion that the assessment provided for in paragraphs 1 or 2 needs to be corrected, it shall inform the Member State concerned and seek to agree on an amendment to the assessment. Europol shall not change the assessment without such agreement.

4.   Where Europol receives information from a Member State without an assessment in accordance with paragraphs 1 or 2, it shall attempt to assess the reliability of the source or the accuracy of information on the basis of information already in its possession. The assessment of specific data and information shall take place in agreement with the providing Member State. A Member State may also agree with Europol in general terms on the assessment of specified types of data and specified sources. If no agreement is reached in a specific case, or no agreement in general terms exists, Europol shall assess the information or data and shall attribute to such information or data the evaluation codes (X) and (4) referred to in paragraphs 1 and 2 respectively.

5.   This Article shall apply mutatis mutandis where Europol receives data or information from a Union body, third country, international organisation or private party.

6.   Information from publicly available sources shall be assessed by Europol using the evaluation codes set out in paragraphs 1 and 2.

7.   Where information is the result of an analysis made by Europol in the performance of its tasks, Europol shall assess such information in accordance with this Article, and in agreement with the Member States participating in the analysis.

Article 30

Processing of special categories of personal data and of different categories of data subjects

1.   Processing of personal data in respect of victims of a criminal offence, witnesses or other persons who can provide information concerning criminal offences, or in respect of persons under the age of 18, shall be allowed if it is strictly necessary and proportionate for preventing or combating crime that falls within Europol's objectives.

2.   Processing of personal data, by automated or other means, revealing racial or ethnic origin, political opinions, religious or philosophical beliefs or trade union membership and processing of genetic data or data concerning a person's health or sex life shall be prohibited, unless it is strictly necessary and proportionate for preventing or combating crime that falls within Europol's objectives and if those data supplement other personal data processed by Europol. The selection of a particular group of persons solely on the basis of such personal data shall be prohibited.

3.   Only Europol shall have direct access to personal data as referred to in paragraphs 1 and 2. The Executive Director shall duly authorise a limited number of Europol officials to have such access if it is necessary for the performance of their tasks.

4.   No decision by a competent authority which produces adverse legal effects concerning a data subject shall be based solely on automated processing of data as referred to in paragraph 2, unless the decision is expressly authorised pursuant to national or Union legislation.

5.   Personal data as referred to in paragraphs 1 and 2 shall not be transmitted to Member States, Union bodies, third countries or international organisations unless such transmission is strictly necessary and proportionate in individual cases concerning crime that falls within Europol's objectives and in accordance with Chapter V.

6.   Every year Europol shall provide to the EDPS a statistical overview of all personal data as referred to in paragraph 2 which it has processed.

Article 31

Time-limits for the storage and erasure of personal data

1.   Personal data processed by Europol shall be stored by Europol only for as long as is necessary and proportionate for the purposes for which the data are processed.

2.   Europol shall in any event review the need for continued storage no later than three years after the start of initial processing of personal data. Europol may decide on the continued storage of personal data until the following review, which shall take place after another period of three years, if continued storage is still necessary for the performance of Europol's tasks. The reasons for the continued storage shall be justified and recorded. If no decision is taken on the continued storage of personal data, that data shall be erased automatically after three years.

3.   If personal data as referred to in Article 30(1) and (2) are stored for a period exceeding five years, the EDPS shall be informed accordingly.

4.   Where a Member State, a Union body, a third country or an international organisation has indicated any restriction as regards the earlier erasure or destruction of the personal data at the moment of transfer in accordance with Article 19(2), Europol shall erase the personal data in accordance with those restrictions. If continued storage of the data is deemed necessary, on the basis of information that is more extensive than that possessed by the data provider, in order for Europol to perform its tasks, Europol shall request the authorisation of the data provider to continue storing the data and shall present a justification for such request.

5.   Where a Member State, a Union body, a third country or an international organisation erases from its own data files personal data provided to Europol, it shall inform Europol accordingly. Europol shall erase the data unless the continued storage of the data is deemed necessary, on the basis of information that is more extensive than that possessed by the data provider, in order for Europol to perform its tasks. Europol shall inform the data provider of the continued storage of such data and present a justification of such continued storage.

6.   Personal data shall not be erased if:

| (a) | this would damage the interests of a data subject who requires protection. In such cases, the data shall be used only with the express and written consent of the data subject; |
| --- | --- |

(a)

this would damage the interests of a data subject who requires protection. In such cases, the data shall be used only with the express and written consent of the data subject;

| (b) | their accuracy is contested by the data subject, for a period enabling Member States or Europol, where appropriate, to verify the accuracy of the data; |
| --- | --- |

(b)

their accuracy is contested by the data subject, for a period enabling Member States or Europol, where appropriate, to verify the accuracy of the data;

| (c) | they have to be maintained for purposes of proof or for the establishment, exercise or defence of legal claims; or |
| --- | --- |

(c)

they have to be maintained for purposes of proof or for the establishment, exercise or defence of legal claims; or

| (d) | the data subject opposes their erasure and requests the restriction of their use instead. |
| --- | --- |

(d)

the data subject opposes their erasure and requests the restriction of their use instead.

Article 32

Security of processing

1.   Europol shall implement appropriate technical and organisational measures to protect personal data against accidental or unlawful destruction, accidental loss or unauthorised disclosure, alteration and access or any other unauthorised form of processing.

2.   In respect of automated data processing, Europol and each Member State shall implement measures designed to:

| (a) | deny unauthorised persons access to data-processing equipment used for processing personal data (equipment access control); |
| --- | --- |

(a)

deny unauthorised persons access to data-processing equipment used for processing personal data (equipment access control);

| (b) | prevent the unauthorised reading, copying, modification or removal of data media (data media control); |
| --- | --- |

(b)

prevent the unauthorised reading, copying, modification or removal of data media (data media control);

| (c) | prevent the unauthorised input of data and the unauthorised inspection, modification or deletion of stored personal data (storage control); |
| --- | --- |

(c)

prevent the unauthorised input of data and the unauthorised inspection, modification or deletion of stored personal data (storage control);

| (d) | prevent the use of automated data-processing systems by unauthorised persons using data-communication equipment (user control); |
| --- | --- |

(d)

prevent the use of automated data-processing systems by unauthorised persons using data-communication equipment (user control);

| (e) | ensure that persons authorised to use an automated data-processing system have access only to data covered by their access authorisation (data access control); |
| --- | --- |

(e)

ensure that persons authorised to use an automated data-processing system have access only to data covered by their access authorisation (data access control);

| (f) | ensure that it is possible to verify and establish to which bodies personal data may be or have been transmitted using data-communication equipment (communication control); |
| --- | --- |

(f)

ensure that it is possible to verify and establish to which bodies personal data may be or have been transmitted using data-communication equipment (communication control);

| (g) | ensure that it is 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); |
| --- | --- |

(g)

ensure that it is 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);

| (h) | ensure that it is possible to verify and establish what data have been accessed by which member of personnel and at what time (access log); |
| --- | --- |

(h)

ensure that it is possible to verify and establish what data have been accessed by which member of personnel and at what time (access log);

| (i) | prevent the unauthorised reading, copying, modification or deletion of personal data during transfers of personal data or during the transportation of data media (transport control); |
| --- | --- |

(i)

prevent the unauthorised reading, copying, modification or deletion of personal data during transfers of personal data or during the transportation of data media (transport control);

| (j) | ensure that it is possible, in the event of interruption, to restore installed systems immediately (recovery); and |
| --- | --- |

(j)

ensure that it is possible, in the event of interruption, to restore installed systems immediately (recovery); and

| (k) | ensure that the functions of the system perform faultlessly, that the occurrence of faults in the functions is immediately reported (reliability) and that stored data cannot be corrupted by system malfunctions (integrity). |
| --- | --- |

(k)

ensure that the functions of the system perform faultlessly, that the occurrence of faults in the functions is immediately reported (reliability) and that stored data cannot be corrupted by system malfunctions (integrity).

3.   Europol and Member States shall establish mechanisms to ensure that security needs are taken on board across information system boundaries.

Article 33

Data protection by design

Europol shall implement appropriate technical and organisational measures and procedures in such a way that the data processing will comply with this Regulation and protect the rights of the data subjects concerned.

Article 34

Notification of a personal data breach to the authorities concerned

1.   In the event of a personal data breach, Europol shall without undue delay notify the EDPS, as well as the competent authorities of the Member States concerned, of that breach, in accordance with the conditions laid down in Article 7(5),as well as the provider of the data concerned.

2.   The notification referred to in paragraph 1 shall, as a minimum:

| (a) | describe the nature of the personal data breach including, where possible and appropriate, the categories and number of data subjects concerned and the categories and number of data records concerned; |
| --- | --- |

(a)

describe the nature of the personal data breach including, where possible and appropriate, the categories and number of data subjects concerned and the categories and number of data records concerned;

| (b) | describe the likely consequences of the personal data breach; |
| --- | --- |

(b)

describe the likely consequences of the personal data breach;

| (c) | describe the measures proposed or taken by Europol to address the personal data breach; and |
| --- | --- |

(c)

describe the measures proposed or taken by Europol to address the personal data breach; and

| (d) | where appropriate, recommend measures to mitigate the possible adverse effects of the personal data breach. |
| --- | --- |

(d)

where appropriate, recommend measures to mitigate the possible adverse effects of the personal data breach.

3.   Europol shall document any personal data breaches, including the facts surrounding the breach, its effects and the remedial action taken, thereby enabling the EDPS to verify compliance with this Article.

Article 35

Communication of a personal data breach to the data subject

1.   Subject to paragraph 4 of this Article, where a personal data breach as referred to in Article 34 is likely to severely and adversely affect the rights and freedoms of the data subject, Europol shall communicate the personal data breach to the data subject without undue delay.

2.   The communication to the data subject referred to in paragraph 1 shall describe, where possible, the nature of the personal data breach, recommend measures to mitigate the possible adverse effects of the personal data breach, and contain the identity and contact details of the Data Protection Officer.

3.   If Europol does not have the contact details of the data subject concerned, it shall request the provider of the data to communicate the personal data breach to the data subject concerned and to inform Europol about the decision taken. Member States providing the data shall communicate the breach to the data subject concerned in accordance with the procedures of their national law.

4.   The communication of a personal data breach to the data subject shall not be required if:

| (a) | Europol has applied to the personal data concerned by that breach appropriate technological protection measures that render the data unintelligible to any person who is not authorised to access it; |
| --- | --- |

(a)

Europol has applied to the personal data concerned by that breach appropriate technological protection measures that render the data unintelligible to any person who is not authorised to access it;

| (b) | Europol has taken subsequent measures which ensure that the data subject's rights and freedoms are no longer likely to be severely affected; or |
| --- | --- |

(b)

Europol has taken subsequent measures which ensure that the data subject's rights and freedoms are no longer likely to be severely affected; or

| (c) | such communication would involve disproportionate effort, in particular owing to the number of cases involved. In such a case, there shall instead be a public communication or similar measure informing the data subjects concerned in an equally effective manner. |
| --- | --- |

(c)

such communication would involve disproportionate effort, in particular owing to the number of cases involved. In such a case, there shall instead be a public communication or similar measure informing the data subjects concerned in an equally effective manner.

5.   The communication to the data subject may be delayed, restricted or omitted where this constitutes a necessary measure with due regard for the legitimate interests of the person concerned:

| (a) | to avoid obstructing official or legal inquiries, investigations or procedures; |
| --- | --- |

(a)

to avoid obstructing official or legal inquiries, investigations or procedures;

| (b) | to avoid prejudicing the prevention, detection, investigation and prosecution of criminal offences or for the execution of criminal penalties; |
| --- | --- |

(b)

to avoid prejudicing the prevention, detection, investigation and prosecution of criminal offences or for the execution of criminal penalties;

| (c) | to protect public and national security; |
| --- | --- |

(c)

to protect public and national security;

| (d) | to protect the rights and freedoms of third parties. |
| --- | --- |

(d)

to protect the rights and freedoms of third parties.

Article 36

Right of access for the data subject

1.   Any data subject shall have the right, at reasonable intervals, to obtain information on whether personal data relating to him or her are processed by Europol.

2.   Without prejudice to paragraph 5, Europol shall provide the following information to the data subject:

| (a) | confirmation as to whether or not data related to him or her are being processed; |
| --- | --- |

(a)

confirmation as to whether or not data related to him or her are being processed;

| (b) | information on at least the purposes of the processing operation, the categories of data concerned, and the recipients or categories of recipients to whom the data are disclosed; |
| --- | --- |

(b)

information on at least the purposes of the processing operation, the categories of data concerned, and the recipients or categories of recipients to whom the data are disclosed;

| (c) | communication in an intelligible form of the data undergoing processing and of any available information as to their sources; |
| --- | --- |

(c)

communication in an intelligible form of the data undergoing processing and of any available information as to their sources;

| (d) | an indication of the legal basis for processing the data; |
| --- | --- |

(d)

an indication of the legal basis for processing the data;

| (e) | the envisaged period for which the personal data will be stored; |
| --- | --- |

(e)

the envisaged period for which the personal data will be stored;

| (f) | the existence of the right to request from Europol rectification, erasure or restriction of processing of personal data concerning the data subject. |
| --- | --- |

(f)

the existence of the right to request from Europol rectification, erasure or restriction of processing of personal data concerning the data subject.

3.   Any data subject wishing to exercise the right of access to personal data relating to him or her may make a request to that effect, without incurring excessive costs, to the authority appointed for that purpose in the Member State of his or her choice. That authority shall refer the request to Europol without delay, and in any case within one month of receipt.

4.   Europol shall confirm receipt of the request under paragraph 3. Europol shall answer it without undue delay, and in any case within three months of receipt by Europol of the request from the national authority.

5.   Europol shall consult the competent authorities of the Member States, in accordance with the conditions laid down in Article 7(5), and the provider of the data concerned, on a decision to be taken. A decision on access to personal data shall be conditional on close cooperation between Europol and the Member States and the provider of the data directly concerned by the access of the data subject to such data. If a Member State or the provider of the data objects to Europol's proposed response, it shall notify Europol of the reasons for its objection in accordance with paragraph 6 of this Article. Europol shall take the utmost account of any such objection. Europol shall subsequently notify its decision to the competent authorities concerned, in accordance with the conditions laid down in Article 7(5), and to the provider of the data.

6.   The provision of information in response to any request under paragraph 1 may be refused or restricted if such refusal or restriction constitutes a measure that is necessary in order to:

| (a) | enable Europol to fulfil its tasks properly; |
| --- | --- |

(a)

enable Europol to fulfil its tasks properly;

| (b) | protect security and public order or prevent crime; |
| --- | --- |

(b)

protect security and public order or prevent crime;

| (c) | guarantee that any national investigation will not be jeopardised; or |
| --- | --- |

(c)

guarantee that any national investigation will not be jeopardised; or

| (d) | protect the rights and freedoms of third parties. |
| --- | --- |

(d)

protect the rights and freedoms of third parties.

When the applicability of an exemption is assessed, the fundamental rights and interests of the data subject shall be taken into account.

7.   Europol shall inform the data subject in writing of any refusal or restriction of access, of the reasons for such a decision and of his or her right to lodge a complaint with the EDPS. Where the provision of such information would deprive paragraph 6 of its effect, Europol shall only notify the data subject concerned that it has carried out the checks, without giving any information which might reveal to him or her whether or not personal data concerning him or her are processed by Europol.

Article 37

Right to rectification, erasure and restriction

1.   Any data subject having accessed personal data concerning him or her processed by Europol in accordance with Article 36 shall have the right to request Europol, through the authority appointed for that purpose in the Member State of his or her choice, to rectify personal data concerning him or her held by Europol if they are incorrect or to complete or update them. That authority shall refer the request to Europol without delay and in any case within one month of receipt.

2.   Any data subject having accessed personal data concerning him or her processed by Europol in accordance with Article 36 shall have the right to request Europol, through the authority appointed for that purpose in the Member State of his or her choice, to erase personal data relating to him or her held by Europol if they are no longer required for the purposes for which they are collected or are further processed. That authority shall refer the request to Europol without delay and in any case within one month of receipt.

3.   Europol shall restrict rather than erase personal data as referred to in paragraph 2 if there are reasonable grounds to believe that erasure could affect the legitimate interests of the data subject. Restricted data shall be processed only for the purpose that prevented their erasure.

4.   If personal data as referred to in paragraphs 1, 2 and 3 held by Europol have been provided to it by third countries, international organisations or Union bodies, have been directly provided by private parties or have been retrieved by Europol from publicly available sources or result from Europol's own analyses, Europol shall rectify, erase or restrict such data and, where appropriate, inform the providers of the data.

5.   If personal data as referred to in paragraphs 1, 2 and 3 held by Europol have been provided to Europol by Member States, the Member States concerned shall rectify, erase or restrict such data in collaboration with Europol, within their respective competences.

6.   If incorrect personal data have been transferred by another appropriate means or if the errors in the data provided by Member States are due to faulty transfer or transfer in breach of this Regulation or if they result from data being input, taken over or stored in an incorrect manner or in breach of this Regulation by Europol, Europol shall rectify or erase such data in collaboration with the provider of the data concerned.

7.   In the cases referred to in paragraphs 4, 5 and 6, all addressees of the data concerned shall be notified forthwith. In accordance with the rules applicable to them, the addressees shall then rectify, erase or restrict those data in their systems.

8.   Europol shall inform the data subject in writing without undue delay, and in any case within three months of receipt of a request in accordance with paragraph 1 or 2, that data concerning him or her have been rectified, erased or restricted.

9.   Within three months of receipt of a request in accordance with paragraph 1 or 2, Europol shall inform the data subject in writing of any refusal of rectification, erasure or restricting, of the reasons for such a refusal and of the possibility of lodging a complaint with the EDPS and of seeking a judicial remedy.

Article 38

Responsibility in data protection matters

1.   Europol shall store personal data in a way that ensures that their source, as referred to in Article 17, can be established.

2.   The responsibility for the quality of personal data as referred to in point (d) of Article 28(1) shall lie with:

| (a) | the Member State or the Union body which provided the personal data to Europol; |
| --- | --- |

(a)

the Member State or the Union body which provided the personal data to Europol;

| (b) | Europol in respect of personal data provided by third countries or international organisations or directly provided by private parties; of personal data retrieved by Europol from publicly available sources or resulting from Europol's own analyses; and of personal data stored by Europol in accordance with Article 31(5). |
| --- | --- |

(b)

Europol in respect of personal data provided by third countries or international organisations or directly provided by private parties; of personal data retrieved by Europol from publicly available sources or resulting from Europol's own analyses; and of personal data stored by Europol in accordance with Article 31(5).

3.   If Europol becomes aware that personal data provided pursuant to points (a) and (b) of Article 17(1) are factually incorrect or have been unlawfully stored, it shall inform the provider of those data accordingly.

4.   Europol shall be responsible for compliance with the principles referred to in points (a), (b), (c), (e) and (f) of Article 28(1).

5.   The responsibility for the legality of a data transfer shall lie with:

| (a) | the Member State which provided the personal data to Europol; |
| --- | --- |

(a)

the Member State which provided the personal data to Europol;

| (b) | Europol in the case of personal data provided by it to Member States, third countries or international organisations. |
| --- | --- |

(b)

Europol in the case of personal data provided by it to Member States, third countries or international organisations.

6.   In the case of a transfer between Europol and a Union body, the responsibility for the legality of the transfer shall lie with Europol.

Without prejudice to the first subparagraph, where the data are transferred by Europol following a request from the recipient, both Europol and the recipient shall be responsible for the legality of such a transfer.

7.   Europol shall be responsible for all data processing operations carried out by it, with the exception of the bilateral exchange of data using Europol's infrastructure between Member States, Union bodies, third countries and international organisations to which Europol has no access. Such bilateral exchanges shall take place under the responsibility of the entities concerned and in accordance with their law. The security of such exchanges shall be ensured in accordance with Article 32.

Article 39

Prior consultation

1.   Any new type of processing operations to be carried out shall be subject to prior consultation where:

| (a) | special categories of data as referred to in Article 30(2) are to be processed; |
| --- | --- |

(a)

special categories of data as referred to in Article 30(2) are to be processed;

| (b) | the type of processing, in particular using new technologies, mechanisms or procedures, presents specific risks for the fundamental rights and freedoms, and in particular the protection of personal data, of data subjects. |
| --- | --- |

(b)

the type of processing, in particular using new technologies, mechanisms or procedures, presents specific risks for the fundamental rights and freedoms, and in particular the protection of personal data, of data subjects.

2.   The prior consultation shall be carried out by the EDPS following receipt of a notification from the Data Protection Officer that shall contain at least a general description of the envisaged processing operations, an assessment of the risks to the rights and freedoms of data subjects, the measures envisaged to address those risks, safeguards and security measures and mechanisms to ensure the protection of personal data and to demonstrate compliance with this Regulation, taking into account the rights and legitimate interests of the data subjects and other persons concerned.

3.   The EDPS shall deliver his or her opinion to the Management Board within two months following receipt of the notification. That period may be suspended until the EDPS has obtained any further information that he or she may have requested.

If the opinion has not been delivered after four months it shall be deemed to be favourable.

If the opinion of the EDPS is that the notified processing may involve a breach of any provision of this Regulation, he or she shall, where appropriate, make proposals to avoid such a breach. Where Europol does not modify the processing operation accordingly, the EDPS may exercise the powers granted to him or her under Article 43(3).

4.   The EDPS shall keep a register of all processing operations that have been notified to him or her pursuant to paragraph 1. The register shall not be made public.

Article 40

Logging and documentation

1.   For the purpose of verifying the lawfulness of data processing, self-monitoring and ensuring proper data integrity and security, Europol shall keep records of the collection, alteration, access, disclosure, combination or erasure of personal data. Such logs or documentation shall be deleted after three years, unless the data which they contain are further required for ongoing control. There shall be no possibility of modifying the logs.

2.   Logs or documentation prepared pursuant to paragraph 1 shall be communicated upon request to the EDPS, to the Data Protection Officer and, if required for a specific investigation, to the national unit concerned. The information thus communicated shall only be used for the control of data protection and for ensuring proper data processing as well as data integrity and security.

Article 41

Data Protection Officer

1.   The Management Board shall appoint a Data Protection Officer, who shall be a member of the staff. In the performance of his or her duties, he or she shall act independently.

2.   The Data Protection Officer shall be selected on the basis of his or her personal and professional qualities and, in particular, the expert knowledge of data protection.

It shall be ensured in the selection of the Data Protection Officer that no conflict of interest may result from the performance of his or her duty in that capacity and from any other official duties, in particular those relating to the application of this Regulation.

3.   The Data Protection Officer shall be appointed for a term of four years. He or she shall be eligible for reappointment up to a maximum total term of eight years. He or she may be dismissed from his or her function as Data Protection Officer by the Management Board only with the consent of the EDPS, if he or she no longer meets the conditions required for the performance of his or her duties.

4.   After his or her appointment, the Data Protection Officer shall be registered with the EDPS by the Management Board.

5.   With respect to the performance of his or her duties, the Data Protection Officer shall not receive any instructions.

6.   The Data Protection Officer shall, in particular, have the following tasks with regard to personal data, with the exception of administrative personal data:

| (a) | ensuring, in an independent manner, the internal application of this Regulation concerning the processing of personal data; |
| --- | --- |

(a)

ensuring, in an independent manner, the internal application of this Regulation concerning the processing of personal data;

| (b) | ensuring that a record of the transfer and receipt of personal data is kept in accordance with this Regulation; |
| --- | --- |

(b)

ensuring that a record of the transfer and receipt of personal data is kept in accordance with this Regulation;

| (c) | ensuring that data subjects are informed of their rights under this Regulation at their request; |
| --- | --- |

(c)

ensuring that data subjects are informed of their rights under this Regulation at their request;

| (d) | cooperating with Europol staff responsible for procedures, training and advice on data processing; |
| --- | --- |

(d)

cooperating with Europol staff responsible for procedures, training and advice on data processing;

| (e) | cooperating with the EDPS; |
| --- | --- |

(e)

cooperating with the EDPS;

| (f) | preparing an annual report and communicating that report to the Management Board and to the EDPS; |
| --- | --- |

(f)

preparing an annual report and communicating that report to the Management Board and to the EDPS;

| (g) | keeping a register of personal data breaches. |
| --- | --- |

(g)

keeping a register of personal data breaches.

7.   The Data Protection Officer shall also carry out the functions provided for by Regulation (EC) No 45/2001 with regard to administrative personal data.

8.   In the performance of his or her tasks, the Data Protection Officer shall have access to all the data processed by Europol and to all Europol premises.

9.   If the Data Protection Officer considers that the provisions of this Regulation concerning the processing of personal data have not been complied with, he or she shall inform the Executive Director and shall require him or her to resolve the non-compliance within a specified time.

If the Executive Director does not resolve the non-compliance of the processing within the time specified, the Data Protection Officer shall inform the Management Board. The Data Protection Officer and the Management Board shall agree a specified time for a response by the latter. If the Management Board does not resolve the non-compliance within the time specified, the Data Protection Officer shall refer the matter to the EDPS.

10.   The Management Board shall adopt implementing rules concerning the Data Protection Officer. Those implementing rules shall, in particular, concern the selection procedure for the position of the Data Protection Officer and his or her dismissal, tasks, duties and powers, and safeguards ensuring the independence of the Data Protection Officer.

11.   Europol shall provide the Data Protection Officer with the staff and resources needed in order for him or her to be able to carry out his or her duties. Those staff members shall have access to all the data processed at Europol and to Europol premises only to the extent necessary for the performance of their tasks.

12.   The Data Protection Officer and his or her staff shall be bound by the obligation of confidentiality in accordance with Article 67(1).

Article 42

Supervision by the national supervisory authority

1.   Each Member State shall designate a national supervisory authority. The national supervisory authority shall have the task of monitoring independently, in accordance with its national law, the permissibility of the transfer, the retrieval and any communication to Europol of personal data by the Member State concerned, and of examining whether such transfer, retrieval or communication violates the rights of the data subjects concerned. For that purpose, the national supervisory authority shall have access, at the national unit or at the liaison officers' premises, to data submitted by its Member State to Europol in accordance with the relevant national procedures and to logs and documentation as referred to in Article 40.

2.   For the purpose of exercising their supervisory function, national supervisory authorities shall have access to the offices and documents of their respective liaison officers at Europol.

3.   National supervisory authorities shall, in accordance with the relevant national procedures, supervise the activities of national units and the activities of liaison officers, insofar as such activities are relevant to the protection of personal data. They shall also keep the EDPS informed of any actions they take with respect to Europol.

4.   Any person shall have the right to request the national supervisory authority to verify the legality of any transfer or communication to Europol of data concerning him or her in any form and of access to those data by the Member State concerned. That right shall be exercised in accordance with the national law of the Member State in which the request is made.

Article 43

Supervision by the EDPS

1.   The EDPS shall be responsible for monitoring and ensuring the application of the provisions of this Regulation relating to the protection of fundamental rights and freedoms of natural persons with regard to the processing of personal data by Europol, and for advising Europol and data subjects on all matters concerning the processing of personal data. To that end, he or she shall fulfil the duties set out in paragraph 2 and exercise the powers laid down in paragraph 3, while closely cooperating with the national supervisory authorities in accordance with Article 44.

2.   The EDPS shall have the following duties:

| (a) | hearing and investigating complaints, and informing the data subject of the outcome within a reasonable period; |
| --- | --- |

(a)

hearing and investigating complaints, and informing the data subject of the outcome within a reasonable period;

| (b) | conducting inquiries either on his or her own initiative or on the basis of a complaint, and informing the data subject of the outcome within a reasonable period; |
| --- | --- |

(b)

conducting inquiries either on his or her own initiative or on the basis of a complaint, and informing the data subject of the outcome within a reasonable period;

| (c) | monitoring and ensuring the application of this Regulation and any other Union act relating to the protection of natural persons with regard to the processing of personal data by Europol; |
| --- | --- |

(c)

monitoring and ensuring the application of this Regulation and any other Union act relating to the protection of natural persons with regard to the processing of personal data by Europol;

| (d) | advising Europol, either on his or her own initiative or in response to a consultation, on all matters concerning the processing of personal data, in particular before it draws up internal rules relating to the protection of fundamental rights and freedoms with regard to the processing of personal data; |
| --- | --- |

(d)

advising Europol, either on his or her own initiative or in response to a consultation, on all matters concerning the processing of personal data, in particular before it draws up internal rules relating to the protection of fundamental rights and freedoms with regard to the processing of personal data;

| (e) | keeping a register of new types of processing operations notified to him or her by virtue of Article 39(1) and registered in accordance with Article 39(4); |
| --- | --- |

(e)

keeping a register of new types of processing operations notified to him or her by virtue of Article 39(1) and registered in accordance with Article 39(4);

| (f) | carrying out a prior consultation on processing notified to him or her. |
| --- | --- |

(f)

carrying out a prior consultation on processing notified to him or her.

3.   The EDPS may pursuant to this Regulation:

| (a) | give advice to data subjects on the exercise of their rights; |
| --- | --- |

(a)

give advice to data subjects on the exercise of their rights;

| (b) | refer a matter to Europol in the event of an alleged breach of the provisions governing the processing of personal data, and, where appropriate, make proposals for remedying that breach and for improving the protection of the data subjects; |
| --- | --- |

(b)

refer a matter to Europol in the event of an alleged breach of the provisions governing the processing of personal data, and, where appropriate, make proposals for remedying that breach and for improving the protection of the data subjects;

| (c) | order that requests to exercise certain rights in relation to data be complied with where such requests have been refused in breach of Articles 36 and 37; |
| --- | --- |

(c)

order that requests to exercise certain rights in relation to data be complied with where such requests have been refused in breach of Articles 36 and 37;

| (d) | warn or admonish Europol; |
| --- | --- |

(d)

warn or admonish Europol;

| (e) | order Europol to carry out the rectification, restriction, erasure or destruction of personal data which have been processed in breach of the provisions governing the processing of personal data and to notify such actions to third parties to whom such data have been disclosed; |
| --- | --- |

(e)

order Europol to carry out the rectification, restriction, erasure or destruction of personal data which have been processed in breach of the provisions governing the processing of personal data and to notify such actions to third parties to whom such data have been disclosed;

| (f) | impose a temporary or definitive ban on processing operations by Europol which are in breach of the provisions governing the processing of personal data; |
| --- | --- |

(f)

impose a temporary or definitive ban on processing operations by Europol which are in breach of the provisions governing the processing of personal data;

| (g) | refer a matter to Europol and, if necessary, to the European Parliament, the Council and the Commission; |
| --- | --- |

(g)

refer a matter to Europol and, if necessary, to the European Parliament, the Council and the Commission;

| (h) | refer a matter to the Court of Justice of the European Union under the conditions provided for in the TFEU; |
| --- | --- |

(h)

refer a matter to the Court of Justice of the European Union under the conditions provided for in the TFEU;

| (i) | intervene in actions brought before the Court of Justice of the European Union. |
| --- | --- |

(i)

intervene in actions brought before the Court of Justice of the European Union.

4.   The EDPS shall have the power to:

| (a) | obtain from Europol access to all personal data and to all information necessary for his or her enquiries; |
| --- | --- |

(a)

obtain from Europol access to all personal data and to all information necessary for his or her enquiries;

| (b) | obtain access to any premises in which Europol carries on its activities when there are reasonable grounds for presuming that an activity covered by this Regulation is being carried out there. |
| --- | --- |

(b)

obtain access to any premises in which Europol carries on its activities when there are reasonable grounds for presuming that an activity covered by this Regulation is being carried out there.

5.   The EDPS shall draw up an annual report on the supervisory activities of Europol, after consulting the national supervisory authorities. That report shall be part of the annual report of the EDPS referred to in Article 48 of Regulation (EC) No 45/2001.

The report shall include statistical information regarding complaints, inquiries, and investigations carried out in accordance with paragraph 2, as well as regarding transfers of personal data to third countries and international organisations, cases of prior consultation, and the use of the powers laid down in paragraph 3.

6.   The EDPS, the officials and the other staff members of the EDPS's Secretariat shall be bound by the obligation of confidentiality laid down in Article 67(1).

Article 44

Cooperation between the EDPS and national supervisory authorities

1.   The EDPS shall act in close cooperation with the national supervisory authorities on issues requiring national involvement, in particular if the EDPS or a national supervisory authority finds major discrepancies between the practices of Member States or potentially unlawful transfers in the use of Europol's channels for exchanges of information, or in the context of questions raised by one or more national supervisory authorities on the implementation and interpretation of this Regulation.

2.   The EDPS shall use the expertise and experience of the national supervisory authorities in carrying out his or her duties as set out in Article 43(2). In carrying out joint inspections together with the EDPS, members and staff of national supervisory authorities shall, taking due account of the principles of subsidiarity and proportionality, have powers equivalent to those laid down in Article 43(4) and be bound by an obligation equivalent to that laid down in Article 43(6). The EDPS and the national supervisory authorities shall, each acting within the scope of their respective competences, exchange relevant information and assist each other in carrying out audits and inspections.

3.   The EDPS shall keep national supervisory authorities fully informed of all issues directly affecting or otherwise relevant to them. Upon the request of one or more national supervisory authorities, the EDPS shall inform them of specific issues.

4.   In cases relating to data originating from one or more Member States, including the cases referred to in Article 47(2), the EDPS shall consult the national supervisory authorities concerned. The EDPS shall not decide on further action to be taken before those national supervisory authorities have informed the EDPS of their position, within a deadline specified by him or her which shall not be shorter than one month and not longer than three months. The EDPS shall take the utmost account of the respective positions of the national supervisory authorities concerned. In cases where the EDPS intends not to follow the position of a national supervisory authority, he or she shall inform that authority, provide a justification and submit the matter for discussion to the Cooperation Board established by Article 45(1).

In cases which the EDPS considers to be extremely urgent, he or she may decide to take immediate action. In such cases, the EDPS shall immediately inform the national supervisory authorities concerned and justify the urgent nature of the situation as well as the action he or she has taken.

Article 45

Cooperation Board

1.   A Cooperation Board with an advisory function is hereby established. It shall be composed of a representative of a national supervisory authority of each Member State and of the EDPS.

2.   The Cooperation Board shall act independently when performing its tasks pursuant to paragraph 3 and shall neither seek nor take instructions from any body.

3.   The Cooperation Board shall have the following tasks:

| (a) | discussing general policy and strategy of data protection supervision of Europol and the permissibility of the transfer, the retrieval and any communication to Europol of personal data by the Member States; |
| --- | --- |

(a)

discussing general policy and strategy of data protection supervision of Europol and the permissibility of the transfer, the retrieval and any communication to Europol of personal data by the Member States;

| (b) | examining difficulties of interpretation or application of this Regulation; |
| --- | --- |

(b)

examining difficulties of interpretation or application of this Regulation;

| (c) | studying general problems relating to the exercise of independent supervision or the exercise of the rights of data subjects; |
| --- | --- |

(c)

studying general problems relating to the exercise of independent supervision or the exercise of the rights of data subjects;

| (d) | discussing and drawing up harmonised proposals for joint solutions on matters referred to in Article 44(1); |
| --- | --- |

(d)

discussing and drawing up harmonised proposals for joint solutions on matters referred to in Article 44(1);

| (e) | discussing cases submitted by the EDPS in accordance with Article 44(4); |
| --- | --- |

(e)

discussing cases submitted by the EDPS in accordance with Article 44(4);

| (f) | discussing cases submitted by any national supervisory authority; and |
| --- | --- |

(f)

discussing cases submitted by any national supervisory authority; and

| (g) | promoting awareness of data protection rights. |
| --- | --- |

(g)

promoting awareness of data protection rights.

4.   The Cooperation Board may issue opinions, guidelines, recommendations and best practices. The EDPS and the national supervisory authorities shall, without prejudice to their independence and each acting within the scope of their respective competences, take the utmost account of them.

5.   The Cooperation Board shall meet whenever necessary, and at least twice a year. The costs and servicing of its meetings shall be borne by the EDPS.

6.   Rules of procedure of the Cooperation Board shall be adopted at its first meeting by a simple majority of its members. Further working methods shall be developed jointly as necessary.

Article 46

Administrative personal data

Regulation (EC) No 45/2001 shall apply to all administrative personal data held by Europol.

CHAPTER VII

REMEDIES AND LIABILITY

Article 47

Right to lodge a complaint with the EDPS

1.   Any data subject shall have the right to lodge a complaint with the EDPS if he or she considers that the processing by Europol of personal data relating to him or her does not comply with this Regulation.

2.   Where a complaint relates to a decision as referred to in Article 36 or 37, the EDPS shall consult the national supervisory authorities of the Member State that provided the data or the Member State directly concerned. In adopting his or her decision, which may extend to a refusal to communicate any information, the EDPS shall take into account the opinion of the national supervisory authority.

3.   Where a complaint relates to the processing of data provided by a Member State to Europol, the EDPS and the national supervisory authority of the Member State that provided the data shall, each acting within the scope of their respective competences, ensure that the necessary checks on the lawfulness of the processing of the data have been carried out correctly.

4.   Where a complaint relates to the processing of data provided to Europol by Union bodies, third countries or international organisations, or of data retrieved by Europol from publicly available sources or resulting from Europol's own analyses, the EDPS shall ensure that Europol has correctly carried out the necessary checks on the lawfulness of the processing of the data.

Article 48

Right to a judicial remedy against the EDPS

Any action against a decision of the EDPS shall be brought before the Court of Justice of the European Union.

Article 49

General provisions on liability and the right to compensation

1.   Europol's contractual liability shall be governed by the law applicable to the contract in question.

2.   The Court of Justice of the European Union shall have jurisdiction to give judgment pursuant to any arbitration clause in a contract concluded by Europol.

3.   Without prejudice to Article 49, in the case of non-contractual liability, Europol shall, in accordance with the general principles common to the laws of the Member States, make good any damage caused by its departments or by its staff in the performance of their duties.

4.   The Court of Justice of the European Union shall have jurisdiction in disputes relating to compensation for damage as referred to in paragraph 3.

5.   The personal liability of Europol staff vis-à-vis Europol shall be governed by the provisions laid down in the Staff Regulations or in the Conditions of Employment of Other Servants applicable to them.

Article 50

Liability for incorrect personal data processing and the right to compensation

1.   Any individual who has suffered damage as a result of an unlawful data processing operation shall have the right to receive compensation for damage suffered, either from Europol in accordance with Article 340 TFEU or from the Member State in which the event that gave rise to the damage occurred, in accordance with its national law. The individual shall bring an action against Europol before the Court of Justice of the European Union, or against the Member State before a competent national court of that Member State.

2.   Any dispute between Europol and Member States over the ultimate responsibility for compensation awarded to an individual in accordance with paragraph 1 shall be referred to the Management Board, which shall decide by a majority of two-thirds of its members, without prejudice to the right to challenge that decision in accordance with Article 263 TFEU.

CHAPTER VIII

JOINT PARLIAMENTARY SCRUTINY

Article 51

Joint Parliamentary scrutiny

1.   Pursuant to Article 88 TFEU, the scrutiny of Europol's activities shall be carried out by the European Parliament together with national parliaments. This shall constitute a specialised Joint Parliamentary Scrutiny Group (JPSG) established together by the national parliaments and the competent committee of the European Parliament. The organisation and the rules of procedure of the JPSG shall be determined together by the European Parliament and the national parliaments in accordance with Article 9 of Protocol No 1.

2.   The JPSG shall politically monitor Europol's activities in fulfilling its mission, including as regards the impact of those activities on the fundamental rights and freedoms of natural persons.

For the purposes of the first subparagraph:

| (a) | the Chairperson of the Management Board, the Executive Director or their Deputies shall appear before the JPSG at its request to discuss matters relating to the activities referred to in the first subparagraph, including the budgetary aspects of such activities, the structural organisation of Europol and the potential establishment of new units and specialised centres, taking into account the obligations of discretion and confidentiality. The JPSG may decide to invite to its meetings other relevant persons, where appropriate; |
| --- | --- |

(a)

the Chairperson of the Management Board, the Executive Director or their Deputies shall appear before the JPSG at its request to discuss matters relating to the activities referred to in the first subparagraph, including the budgetary aspects of such activities, the structural organisation of Europol and the potential establishment of new units and specialised centres, taking into account the obligations of discretion and confidentiality. The JPSG may decide to invite to its meetings other relevant persons, where appropriate;

| (b) | the EDPS shall appear before the JPSG at its request, and at least once a year, to discuss general matters relating to the protection of fundamental rights and freedoms of natural persons, and in particular the protection of personal data, with regard to Europol's activities, taking into account the obligations of discretion and confidentiality; |
| --- | --- |

(b)

the EDPS shall appear before the JPSG at its request, and at least once a year, to discuss general matters relating to the protection of fundamental rights and freedoms of natural persons, and in particular the protection of personal data, with regard to Europol's activities, taking into account the obligations of discretion and confidentiality;

| (c) | the JPSG shall be consulted in relation to the multiannual programming of Europol in accordance with Article 12(1). |
| --- | --- |

(c)

the JPSG shall be consulted in relation to the multiannual programming of Europol in accordance with Article 12(1).

3.   Europol shall transmit the following documents, for information purposes, to the JPSG, taking into account the obligations of discretion and confidentiality:

| (a) | threat assessments, strategic analyses and general situation reports relating to Europol's objective as well as the results of studies and evaluations commissioned by Europol; |
| --- | --- |

(a)

threat assessments, strategic analyses and general situation reports relating to Europol's objective as well as the results of studies and evaluations commissioned by Europol;

| (b) | the administrative arrangements concluded pursuant to Article 25(1); |
| --- | --- |

(b)

the administrative arrangements concluded pursuant to Article 25(1);

| (c) | the document containing the multiannual programming and the annual work programme of Europol, referred to in Article 12(1); |
| --- | --- |

(c)

the document containing the multiannual programming and the annual work programme of Europol, referred to in Article 12(1);

| (d) | the consolidated annual activity report on Europol's activities, referred to in point (c) of Article 11(1); |
| --- | --- |

(d)

the consolidated annual activity report on Europol's activities, referred to in point (c) of Article 11(1);

| (e) | the evaluation report drawn up by the Commission, referred to in Article 68(1). |
| --- | --- |

(e)

the evaluation report drawn up by the Commission, referred to in Article 68(1).

4.   The JPSG may request other relevant documents necessary for the fulfilment of its tasks relating to the political monitoring of Europol's activities, subject to Regulation (EC) No 1049/2001 of the European Parliament and of the Council (23) and without prejudice to Articles 52 and 67 of this Regulation.

5.   The JPSG may draw up summary conclusions on the political monitoring of Europol's activities and submit those conclusions to the European Parliament and national parliaments. The European Parliament shall forward them, for information purposes, to the Council, the Commission and Europol.

Article 52

Access by the European Parliament to information processed by or through Europol

1.   For the purpose of enabling it to exercise parliamentary scrutiny of Europol's activities in accordance with Article 51, access by the European Parliament to sensitive non-classified information processed by or through Europol, upon the European Parliament's request, shall comply with the rules referred to in Article 67(1).

2.   Access by the European Parliament to EU classified information processed by or through Europol shall be consistent with the Interinstitutional Agreement of 12 March 2014 between the European Parliament and the Council concerning the forwarding to and the handling by the European Parliament of classified information held by the Council on matters other than those in the area of the common foreign and security policy (24), and shall comply with the rules referred to in Article 67(2) of this Regulation.

3.   The necessary details regarding access by the European Parliament to the information referred to in paragraphs 1 and 2 shall be governed by working arrangements concluded between Europol and the European Parliament.

CHAPTER IX

STAFF

Article 53

General provisions

1.   The Staff Regulations, the Conditions of Employment of Other Servants and the rules adopted by agreement between the institutions of the Union for giving effect to the Staff Regulations and to the Conditions of Employment of Other Servants shall apply to the staff of Europol with the exception of staff who, on 1 May 2017, are employed pursuant to a contract concluded by Europol as established by the Europol Convention without prejudice to Article 73(4) of this Regulation. Such contracts shall continue to be governed by the Council Act of 3 December 1998.

2.   Europol staff shall consist of temporary staff and/or contract staff. The Management Board shall be informed on a yearly basis of contracts of an indefinite duration granted by the Executive Director. The Management Board shall decide which temporary posts provided for in the establishment plan can be filled only by staff from the competent authorities of the Member States. Staff recruited to occupy such posts shall be temporary agents and may be awarded only fixed-term contracts, renewable once for a fixed period.

Article 54

Executive Director

1.   The Executive Director shall be engaged as a temporary agent of Europol under point (a) of Article 2 of the Conditions of Employment of Other Servants.

2.   The Executive Director shall be appointed by the Council from a shortlist of candidates proposed by the Management Board, following an open and transparent selection procedure.

The shortlist shall be drawn up by a selection committee set up by the Management Board and composed of members designated by Member States and a Commission representative

For the purpose of concluding a contract with the Executive Director, Europol shall be represented by the Chairperson of the Management Board.

Before appointment, the candidate selected by the Council may be invited to appear before the competent committee of the European Parliament, which shall subsequently give a non-binding opinion.

3.   The term of office of the Executive Director shall be four years. By the end of that period, the Commission, in association with the Management Board, shall undertake an assessment taking into account:

| (a) | an evaluation of the Executive Director's performance, and |
| --- | --- |

(a)

an evaluation of the Executive Director's performance, and

| (b) | Europol's future tasks and challenges. |
| --- | --- |

(b)

Europol's future tasks and challenges.

4.   The Council, acting on a proposal from the Management Board that takes into account the assessment referred to in paragraph 3, may extend the term of office of the Executive Director once and for no more than four years.

5.   The Management Board shall inform the European Parliament if it intends to propose to the Council that the Executive Director's term of office be extended. Within the month before any such extension, the Executive Director may be invited to appear before the competent committee of the European Parliament.

6.   An Executive Director whose term of office has been extended shall not participate in another selection procedure for the same post at the end of the overall period.

7.   The Executive Director may be removed from office only pursuant to a decision of the Council acting on a proposal from the Management Board. The European Parliament shall be informed about that decision.

8.   The Management Board shall reach decisions regarding proposals to be made to the Council on the appointment, extension of the term of office, or removal from office, of the Executive Director by a majority of two-thirds of its members with voting rights.

Article 55

Deputy Executive Directors

1.   Three Deputy Executive Directors shall assist the Executive Director. The Executive Director shall define their tasks.

2.   Article 54 shall apply to the Deputy Executive Directors. The Executive Director shall be consulted prior to their appointment, any extension of their term of office or their removal from office.

Article 56

Seconded national experts

1.   Europol may make use of seconded national experts.

2.   The Management Board shall adopt a decision laying down rules on the secondment of national experts to Europol.

CHAPTER X

FINANCIAL PROVISIONS

Article 57

Budget

1.   Estimates of all revenue and expenditure for Europol shall be prepared each financial year, which shall correspond to the calendar year, and shall be shown in Europol's budget.

2.   Europol's budget shall be balanced in terms of revenue and of expenditure.

3.   Without prejudice to other resources, Europol's revenue shall comprise a contribution from the Union entered in the general budget of the Union.

4.   Europol may benefit from Union funding in the form of delegation agreements or ad hoc grants in accordance with its financial rules referred to in Article 61 and with the provisions of the relevant instruments supporting the policies of the Union.

5.   Europol's expenditure shall include staff remuneration, administrative and infrastructure expenses, and operating costs.

6.   Budgetary commitments for actions relating to large-scale projects extending over more than one financial year may be broken down into several annual instalments.

Article 58

Establishment of the budget

1.   Each year the Executive Director shall draw up a draft statement of estimates of Europol's revenue and expenditure for the following financial year, including an establishment plan, and shall send it to the Management Board.

2.   The Management Board shall, on the basis of the draft statement of estimates, adopt a provisional draft estimate of Europol's revenue and expenditure for the following financial year and shall send it to the Commission by 31 January each year.

3.   The Management Board shall send the final draft estimate of Europol's revenue and expenditure, which shall include a draft establishment plan, to the European Parliament, the Council and the Commission by 31 March each year.

4.   The Commission shall send the statement of estimates to the European Parliament and the Council, together with the draft general budget of the Union.

5.   On the basis of the statement of estimates, the Commission shall enter in the draft general budget of the Union the estimates that it considers necessary for the establishment plan and the amount of the contribution to be charged to the general budget, which it shall place before the European Parliament and the Council in accordance with Articles 313 and 314 TFEU.

6.   The European Parliament and the Council shall authorise the appropriations for the contribution from the Union to Europol.

7.   The European Parliament and the Council shall adopt Europol's establishment plan.

8.   Europol's budget shall be adopted by the Management Board. It shall become final following the final adoption of the general budget of the Union. Where necessary, it shall be adjusted accordingly.

9.   For any building projects likely to have significant implications for Europol's budget, Delegated Regulation (EU) No 1271/2013 shall apply.

Article 59

Implementation of the budget

1.   The Executive Director shall implement Europol's budget.

2.   Each year the Executive Director shall send to the European Parliament and the Council all information relevant to the findings of any evaluation procedures.

Article 60

Presentation of accounts and discharge

1.   Europol's accounting officer shall send the provisional accounts for the financial year (year N) to the Commission's accounting officer and to the Court of Auditors by 1 March of the following financial year (year N + 1).

2.   Europol shall send a report on the budgetary and financial management for year N to the European Parliament, the Council and the Court of Auditors by 31 March of year N + 1.

3.   The Commission's accounting officer shall send Europol's provisional accounts for year N, consolidated with the Commission's accounts, to the Court of Auditors by 31 March of year N + 1.

4.   On receipt of the Court of Auditors' observations on Europol's provisional accounts for year N pursuant to Article 148 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (25), Europol's accounting officer shall draw up Europol's final accounts for that year. The Executive Director shall submit them to the Management Board for an opinion.

5.   The Management Board shall deliver an opinion on Europol's final accounts for year N.

6.   Europol's accounting officer shall, by 1 July of year N + 1, send the final accounts for year N to the European Parliament, the Council, the Commission, the Court of Auditors and national parliaments, together with the Management Board's opinion referred to in paragraph 5.

7.   The final accounts for year N shall be published in the Official Journal of the European Union by 15 November of year N + 1.

8.   The Executive Director shall send to the Court of Auditors, by 30 September of year N + 1, a reply to the observations made in its annual report. He or she shall also send the reply to the Management Board.

9.   The Executive Director shall submit to the European Parliament, at the latter's request, any information required for the smooth application of the discharge procedure for year N, as laid down in Article 109(3) of Delegated Regulation (EU) No 1271/2013.

10.   On a recommendation from the Council acting by a qualified majority, the European Parliament shall, before 15 May of year N + 2, grant a discharge to the Executive Director in respect of the implementation of the budget for year N.

Article 61

Financial rules

1.   The financial rules applicable to Europol shall be adopted by the Management Board after consultation with the Commission. They shall not depart from Delegated Regulation (EU) No 1271/2013 unless such a departure is specifically required for the operation of Europol and the Commission has given its prior consent.

2.   Europol may award grants related to the fulfilment of tasks as referred to in Article 4.

3.   Europol may award grants without a call for proposals to Member States for performance of their cross-border operations and investigations and for the provision of training relating to the tasks referred to in points (h) and (i) of Article 4(1).

4.   In respect of the financial support to be given to joint investigation teams' activities, Europol and Eurojust shall jointly establish the rules and conditions upon which applications for such support are to be processed.

CHAPTER XI

MISCELLANEOUS PROVISIONS

Article 62

Legal status

1.   Europol shall be an agency of the Union. It shall have legal personality.

2.   In each Member State Europol shall enjoy the most extensive legal capacity accorded to legal persons under national law. Europol may, in particular, acquire and dispose of movable and immovable property and be a party to legal proceedings.

3.   In accordance with Protocol No 6 on the location of the seats of the institutions and of certain bodies, agencies and departments of the European Union, annexed to the TEU and to the TFEU (‘Protocol No 6’), Europol shall have its seat in The Hague.

Article 63

Privileges and immunities

1.   Protocol No 7 on the privileges and immunities of the European Union, annexed to the TEU and to the TFEU, shall apply to Europol and its staff.

2.   Privileges and immunities of liaison officers and members of their families shall be subject to an agreement between the Kingdom of Netherlands and the other Member States. That agreement shall provide for such privileges and immunities as are necessary for the proper performance of the tasks of liaison officers.

Article 64

Language arrangements

1.   The provisions laid down in Regulation No 1 (26) shall apply to Europol.

2.   The Management Board shall decide by a majority of two-thirds of its members on the internal language arrangements of Europol.

3.   The translation services required for the functioning of Europol shall be provided by the Translation Centre for the bodies of the European Union.

Article 65

Transparency

1.   Regulation (EC) No 1049/2001 shall apply to documents held by Europol.

2.   By 14 December 2016, the Management Board shall adopt the detailed rules for applying Regulation (EC) No 1049/2001 with regard to Europol documents.

3.   Decisions taken by Europol under Article 8 of Regulation (EC) No 1049/2001 may be the subject of a complaint to the European Ombudsman or of an action before the Court of Justice of the European Union, in accordance with Articles 228 and 263 TFEU respectively.

4.   Europol shall publish on its website a list of the Management Board members and summaries of the outcome of the meetings of the Management Board. The publication of those summaries shall be temporarily or permanently omitted or restricted if such publication would risk jeopardising the performance of Europol's tasks, taking into account its obligations of discretion and confidentiality and the operational character of Europol.

Article 66

Combating fraud

1.   In order to facilitate the fight against fraud, corruption and any other illegal activities under Regulation (EU, Euratom) No 883/2013, Europol shall, by 30 October 2017, accede to the Interinstitutional Agreement of 25 May 1999 between the European Parliament, the Council of the European Union and the Commission of the European Communities concerning internal investigations by the European Anti-Fraud Office (OLAF) (27) and shall adopt appropriate provisions applicable to all employees of Europol, using the template set out in the Annex to that Agreement.

2.   The Court of Auditors shall have a power of audit, on the basis of documents and on-the-spot checks, over all grant beneficiaries, contractors and subcontractors who have received Union funds from Europol.

3.   OLAF may carry out investigations, including on-the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union in connection with a grant or a contract awarded by Europol. Such investigations shall be carried out in accordance with the provisions and procedures laid down in Regulation (EU, Euratom) No 883/2013 and in Council Regulation (Euratom, EC) No 2185/96 (28).

4.   Without prejudice to paragraphs 1, 2 and 3, working arrangements with Union bodies, authorities of third countries, international organisations and private parties, contracts, grant agreements and grant decisions of Europol shall contain provisions expressly empowering the Court of Auditors and OLAF to conduct the audits and investigations referred to in paragraphs 2 and 3, in accordance with their respective competences.

Article 67

Rules on the protection of sensitive non-classified and classified information

1.   Europol shall establish rules on the obligations of discretion and confidentiality and on the protection of sensitive non-classified information.

2.   Europol shall establish rules on the protection of EU classified information which shall be consistent with Decision 2013/488/EU in order to ensure an equivalent level of protection for such information.

Article 68

Evaluation and review

1.   By 1 May 2022 and every five years thereafter, the Commission shall ensure that an evaluation assessing, in particular, the impact, effectiveness and efficiency of Europol and of its working practices is carried out. The evaluation may, in particular, address the possible need to modify the structure, operation, field of action and tasks of Europol, and the financial implications of any such modification.

2.   The Commission shall submit the evaluation report to the Management Board. The Management Board shall provide its observations on the evaluation report within three months from the date of receipt. The Commission shall then submit the final evaluation report, together with the Commission's conclusions, and the Management Board's observations in an annex thereto, to the European Parliament, the Council, the national parliaments and the Management Board. Where appropriate, the main findings of the evaluation report shall be made public.

Article 69

Administrative inquiries

The activities of Europol shall be subject to inquiries by the European Ombudsman in accordance with Article 228 TFEU.

Article 70

Headquarters

The necessary arrangements concerning the accommodation to be provided for Europol in the Kingdom of the Netherlands and the facilities to be made available by the Kingdom of the Netherlands, together with the specific rules applicable there to the Executive Director, members of the Management Board, Europol's staff and members of their families, shall be laid down in a headquarters agreement between Europol and the Kingdom of the Netherlands, in accordance with Protocol No 6.

CHAPTER XII

TRANSITIONAL PROVISIONS

Article 71

Legal succession

1.   Europol as established by this Regulation shall be the legal successor in respect of all contracts concluded by, liabilities incumbent upon and properties acquired by Europol as established by Decision 2009/371/JHA.

2.   This Regulation shall not affect the legal force of agreements concluded by Europol as established by Decision 2009/371/JHA before 13 June 2016, or of agreements concluded by Europol as established by the Europol Convention before 1 January 2010.

Article 72

Transitional arrangements concerning the Management Board

1.   The term of office of the members of the Management Board as established on the basis of Article 37 of Decision 2009/371/JHA shall terminate on 1 May 2017.

2.   During the period from 13 June 2016 to 1 May 2017, the Management Board as established on the basis of Article 37 of Decision 2009/371/JHA shall:

| (a) | exercise the functions of the Management Board in accordance with Article 11 of this Regulation; |
| --- | --- |

(a)

exercise the functions of the Management Board in accordance with Article 11 of this Regulation;

| (b) | prepare the adoption of the rules relating to the application of Regulation (EC) No 1049/2001 with regard to Europol documents as referred to in Article 65(2) of this Regulation, and of the rules referred to in Article 67 of this Regulation; |
| --- | --- |

(b)

prepare the adoption of the rules relating to the application of Regulation (EC) No 1049/2001 with regard to Europol documents as referred to in Article 65(2) of this Regulation, and of the rules referred to in Article 67 of this Regulation;

| (c) | prepare any instrument necessary for the application of this Regulation, in particular any measures relating to Chapter IV; and |
| --- | --- |

(c)

prepare any instrument necessary for the application of this Regulation, in particular any measures relating to Chapter IV; and

| (d) | review the internal rules and measures which it has adopted on the basis of Decision 2009/371/JHA so as to allow the Management Board as established pursuant to Article 10 of this Regulation to take a decision pursuant to Article 76 of this Regulation. |
| --- | --- |

(d)

review the internal rules and measures which it has adopted on the basis of Decision 2009/371/JHA so as to allow the Management Board as established pursuant to Article 10 of this Regulation to take a decision pursuant to Article 76 of this Regulation.

3.   The Commission shall without delay after 13 June 2016 take the measures necessary to ensure that the Management Board established pursuant to Article 10 starts its work on 1 May 2017.

4.   By 14 December 2016, the Member States shall notify the Commission of the names of the persons whom they have appointed as member and alternate member of the Management Board, in accordance with Article 10.

5.   The Management Board established pursuant to Article 10 shall hold its first meeting on 1 May 2017. On that occasion it shall, if necessary, take decisions as referred to in Article 76.

Article 73

Transitional arrangements concerning the Executive Director, the Deputy Directors and staff

1.   The Director of Europol appointed on the basis of Article 38 of Decision 2009/371/JHA shall, for the remaining period of his or her term of office, be assigned the responsibilities of Executive Director, as provided for in Article 16 of this Regulation. The other conditions of his or her contract shall remain unchanged. If the term of office ends between 13 June 2016 and 1 May 2017, it shall be extended automatically until 1 May 2018.

2.   Should the Director appointed on the basis of Article 38 of Decision 2009/371/JHA be unwilling or unable to act in accordance with paragraph 1 of this Article, the Management Board shall designate an interim Executive Director to exercise the duties assigned to the Executive Director for a period not exceeding 18 months, pending the appointment provided for in Article 54(2) of this Regulation.

3.   Paragraphs 1 and 2 of this Article shall apply to the Deputy Directors appointed on the basis of Article 38 of Decision 2009/371/JHA.

4.   In accordance with the Conditions of Employment of Other Servants, the authority referred to in the first paragraph of Article 6 thereof shall offer employment of indefinite duration as a member of the temporary or contract staff to any person who, on 1 May 2017, is employed under a contract of indefinite duration as a local staff member concluded by Europol as established by the Europol Convention. The offer of employment shall be based on the tasks to be performed by the servant as a member of the temporary or contract staff. The contract concerned shall take effect at the latest on 1 May 2018. A staff member who does not accept the offer referred to in this paragraph may retain his or her contractual relationship with Europol in accordance with Article 53(1).

Article 74

Transitional budgetary provisions

The discharge procedure in respect of the budgets approved on the basis of Article 42 of Decision 2009/371/JHA shall be carried out in accordance with the rules established by Article 43 thereof.

CHAPTER XIII

FINAL PROVISIONS

Article 75

Replacement and repeal

1.   Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA are hereby replaced for the Member States bound by this Regulation with effect from 1 May 2017.

Therefore, Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA are repealed with effect from 1 May 2017.

2.   With regard to the Member States bound by this Regulation, references to the Decisions referred to in paragraph 1 shall be construed as references to this Regulation.

Article 76

Maintenance in force of the internal rules adopted by the Management Board

Internal rules and measures adopted by the Management Board on the basis of Decision 2009/371/JHA shall remain in force after 1 May 2017, unless otherwise decided by the Management Board in the application of this Regulation.

Article 77

Entry into force and application

1.   This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

2.   It shall apply from 1 May 2017.

However, Articles 71, 72 and 73 shall apply from 13 June 2016.

This Regulation shall be binding in its entirety and directly applicable in the Member States in accordance with the Treaties.

Done at Strasbourg, 11 May 2016.

For the European Parliament

The President

M. SCHULZ

For the Council

The President

J.A. HENNIS-PLASSCHAERT

---

(1)  Position of the European Parliament of 25 February 2014 (not yet published in the Official Journal) and position of the Council at first reading of 10 March 2016 (not yet published in the Official Journal). Position of the European Parliament of 11 May 2016 (not yet published in the Official Journal).

1

(2)  Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol) (OJ L 121, 15.5.2009, p. 37).

2

(3)  
  OJ C 316, 27.11.1995, p. 1.

3

(4)  
  OJ C 115, 4.5.2010, p. 1.

4

(5)  Council Decision 2009/934/JHA of 30 November 2009 adopting the implementing rules governing Europol's relations with partners, including the exchange of personal data and classified information (OJ L 325, 11.12.2009, p. 6).

5

(6)  Council Decision 2009/935/JHA of 30 November 2009 determining the list of third States and organisations with which Europol shall conclude agreements (OJ L 325, 11.12.2009, p. 12).

6

(7)  Council Decision 2009/936/JHA of 30 November 2009 adopting the implementing rules for Europol analysis work files (OJ L 325, 11.12.2009, p. 14).

7

(8)  Council Decision 2009/968/JHA of 30 November 2009 adopting the rules on the confidentiality of Europol information (OJ L 332, 17.12.2009, p. 17).

8

(9)  Council Regulation (EU) No 1053/2013 of 7 October 2013 establishing an evaluation and monitoring mechanism to verify the application of the Schengen acquis and repealing the Decision of the Executive Committee of 16 September 1998 setting up a Standing Committee on the evaluation and implementation of Schengen (OJ L 295, 6.11.2013, p. 27).

9

acquis

(10)  Regulation (Euratom, ECSC, EEC) No 549/69 of the Council of 25 March 1969 determining the categories of officials and other servants of the European Communities to whom the provisions of Article 12, the second paragraph of Article 13 and Article 14 of the Protocol on the Privileges and Immunities of the Communities apply (OJ L 74, 27.3.1969, p. 1).

10

(11)  Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).

11

(12)  Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89).

12

(13)  Council of Europe Committee of Ministers Recommendation No R(87) 15 to the Member States on regulating the use of personal data in the police sector, 17.9.1987.

13

(14)  
  OJ L 56, 4.3.1968, p. 1.

14

(15)  Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (OJ L 328, 7.12.2013, p. 42).

15

(16)  Commission Delegated Regulation (EU) No 1268/2012 of 29 October 2012 on the rules of application of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union (OJ L 362, 31.12.2012, p. 1).

16

(17)  Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1).

17

(18)  Council Decision 2013/488/EU of 23 September 2013 on the security rules for protecting EU classified information (OJ L 274, 15.10.2013, p. 1).

18

(19)  Council Act of 3 December 1998 laying down the staff regulations applicable to Europol employees (OJ C 26, 30.1.1999, p. 23).

19

(20)  Council Decision 2005/511/JHA of 12 July 2005 on protecting the euro against counterfeiting, by designating Europol as the Central Office for combating euro counterfeiting (OJ L 185, 16.7.2005, p. 35).

20

(21)  Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (OJ L 309, 25.11.2005, p. 15).

21

(22)  Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ L 190, 18.7.2002, p. 1).

22

(23)  Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43).

23

(24)  
  OJ C 95, 1.4.2014, p. 1.

24

(25)  Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (OJ L 298, 26.10.2012, p. 1).

25

(26)  Regulation No 1 determining the languages to be used by the European Economic Community (OJ 17, 6.10.1958, p. 385/58).

26

(27)  
  OJ L 136, 31.5.1999, p. 15.

27

(28)  Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (OJ L 292, 15.11.1996, p. 2).

28

---

ANNEX I

LIST OF FORMS OF CRIME REFERRED TO IN ARTICLE 3(1)

| — | terrorism, |
| --- | --- |

—

terrorism,

| — | organised crime, |
| --- | --- |

—

organised crime,

| — | drug trafficking, |
| --- | --- |

—

drug trafficking,

| — | money-laundering activities, |
| --- | --- |

—

money-laundering activities,

| — | crime connected with nuclear and radioactive substances, |
| --- | --- |

—

crime connected with nuclear and radioactive substances,

| — | immigrant smuggling, |
| --- | --- |

—

immigrant smuggling,

| — | trafficking in human beings, |
| --- | --- |

—

trafficking in human beings,

| — | motor vehicle crime, |
| --- | --- |

—

motor vehicle crime,

| — | murder and grievous bodily injury, |
| --- | --- |

—

murder and grievous bodily injury,

| — | illicit trade in human organs and tissue, |
| --- | --- |

—

illicit trade in human organs and tissue,

| — | kidnapping, illegal restraint and hostage-taking, |
| --- | --- |

—

kidnapping, illegal restraint and hostage-taking,

| — | racism and xenophobia, |
| --- | --- |

—

racism and xenophobia,

| — | robbery and aggravated theft, |
| --- | --- |

—

robbery and aggravated theft,

| — | illicit trafficking in cultural goods, including antiquities and works of art, |
| --- | --- |

—

illicit trafficking in cultural goods, including antiquities and works of art,

| — | swindling and fraud, |
| --- | --- |

—

swindling and fraud,

| — | crime against the financial interests of the Union, |
| --- | --- |

—

crime against the financial interests of the Union,

| — | insider dealing and financial market manipulation, |
| --- | --- |

—

insider dealing and financial market manipulation,

| — | racketeering and extortion, |
| --- | --- |

—

racketeering and extortion,

| — | counterfeiting and product piracy, |
| --- | --- |

—

counterfeiting and product piracy,

| — | forgery of administrative documents and trafficking therein, |
| --- | --- |

—

forgery of administrative documents and trafficking therein,

| — | forgery of money and means of payment, |
| --- | --- |

—

forgery of money and means of payment,

| — | computer crime, |
| --- | --- |

—

computer crime,

| — | corruption, |
| --- | --- |

—

corruption,

| — | illicit trafficking in arms, ammunition and explosives, |
| --- | --- |

—

illicit trafficking in arms, ammunition and explosives,

| — | illicit trafficking in endangered animal species, |
| --- | --- |

—

illicit trafficking in endangered animal species,

| — | illicit trafficking in endangered plant species and varieties, |
| --- | --- |

—

illicit trafficking in endangered plant species and varieties,

| — | environmental crime, including ship-source pollution, |
| --- | --- |

—

environmental crime, including ship-source pollution,

| — | illicit trafficking in hormonal substances and other growth promoters, |
| --- | --- |

—

illicit trafficking in hormonal substances and other growth promoters,

| — | sexual abuse and sexual exploitation, including child abuse material and solicitation of children for sexual purposes, |
| --- | --- |

—

sexual abuse and sexual exploitation, including child abuse material and solicitation of children for sexual purposes,

| — | genocide, crimes against humanity and war crimes. |
| --- | --- |

—

genocide, crimes against humanity and war crimes.

---

ANNEX II

A.   Categories of personal data and categories of data subjects whose data may be collected and processed for the purpose of cross-checking as referred to in point (a) of Article 18(2)

| 1. | Personal data collected and processed for the purpose of cross-checking shall relate to:






  (a) | 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 in respect of which Europol is competent, or who have been convicted of such an offence; |
| --- | --- | --- |

1.

(a)

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 in respect of which Europol is competent, or who have been convicted of such an offence;

| (b) | persons regarding whom there are factual indications or reasonable grounds under the national law of the Member State concerned to believe that they will commit criminal offences in respect of which Europol is competent. |
| --- | --- |

(b)

persons regarding whom there are factual indications or reasonable grounds under the national law of the Member State concerned to believe that they will commit criminal offences in respect of which Europol is competent.

| 2. | Data relating to the persons referred to in paragraph 1 may include only the following categories of personal data:






  (a) | surname, maiden name, given names and any alias or assumed name; |
| --- | --- | --- |

2.

(a)

surname, maiden name, given names and any alias or assumed name;

| (b) | date and place of birth; |
| --- | --- |

(b)

date and place of birth;

| (c) | nationality; |
| --- | --- |

(c)

nationality;

| (d) | sex; |
| --- | --- |

(d)

sex;

| (e) | place of residence, profession and whereabouts of the person concerned; |
| --- | --- |

(e)

place of residence, profession and whereabouts of the person concerned;

| (f) | social security numbers, driving licences, identification documents and passport data; and |
| --- | --- |

(f)

social security numbers, driving licences, identification documents and passport data; and

| (g) | where necessary, other characteristics likely to assist in identification, including any specific objective physical characteristics not subject to change such as dactyloscopic data and DNA profile (established from the non-coding part of DNA). |
| --- | --- |

(g)

where necessary, other characteristics likely to assist in identification, including any specific objective physical characteristics not subject to change such as dactyloscopic data and DNA profile (established from the non-coding part of DNA).

| 3. | In addition to the data referred to in paragraph 2, the following categories of personal data concerning the persons referred to in paragraph 1 may be collected and processed:






  (a) | criminal offences, alleged criminal offences and when, where and how they were (allegedly) committed; |
| --- | --- | --- |

3.

(a)

criminal offences, alleged criminal offences and when, where and how they were (allegedly) committed;

| (b) | means which were or which may have been used to commit those criminal offences, including information concerning legal persons; |
| --- | --- |

(b)

means which were or which may have been used to commit those criminal offences, including information concerning legal persons;

| (c) | departments handling the case and their filing references; |
| --- | --- |

(c)

departments handling the case and their filing references;

| (d) | suspected membership of a criminal organisation; |
| --- | --- |

(d)

suspected membership of a criminal organisation;

| (e) | convictions, where they relate to criminal offences in respect of which Europol is competent; |
| --- | --- |

(e)

convictions, where they relate to criminal offences in respect of which Europol is competent;

| (f) | inputting party. |
| --- | --- |

(f)

inputting party.

These data may be provided to Europol even when they do not yet contain any references to persons.

| 4. | Additional information held by Europol or national units concerning the persons referred to in paragraph 1 may be communicated to any national unit or to Europol, should either so request. National units shall do so in compliance with their national law. |
| --- | --- |

4.

| 5. | If proceedings against the person concerned are definitively dropped or if that person is definitively acquitted, the data relating to the case in respect of which either decision has been taken shall be deleted. |
| --- | --- |

5.

B.   Categories of personal data and categories of data subjects whose data may be collected and processed for the purpose of analyses of a strategic or thematic nature, for the purpose of operational analyses or for the purpose of facilitating the exchange of information as referred to in points (b), (c) and (d) of Article 18(2)

| 1. | Personal data collected and processed for the purpose of analyses of a strategic or thematic nature, for the purpose of operational analyses or for the purpose of facilitating the exchange of information between Member States, Europol, other Union bodies, third countries and international organisations shall relate to:






  (a) | persons who, pursuant to the national law of the Member State concerned, are suspected of having committed or having taken part in a criminal offence in respect of which Europol is competent, or who have been convicted of such an offence; |
| --- | --- | --- |

1.

(a)

persons who, pursuant to the national law of the Member State concerned, are suspected of having committed or having taken part in a criminal offence in respect of which Europol is competent, or who have been convicted of such an offence;

| (b) | persons regarding whom there are factual indications or reasonable grounds under the national law of the Member State concerned to believe that they will commit criminal offences in respect of which Europol is competent; |
| --- | --- |

(b)

persons regarding whom there are factual indications or reasonable grounds under the national law of the Member State concerned to believe that they will commit criminal offences in respect of which Europol is competent;

| (c) | persons who might be called on to testify in investigations in connection with the offences under consideration or in subsequent criminal proceedings; |
| --- | --- |

(c)

persons who might be called on to testify in investigations in connection with the offences under consideration or in subsequent criminal proceedings;

| (d) | persons who have been the victims of one of the offences under consideration or with regard to whom certain facts give reason to believe that they could be the victims of such an offence; |
| --- | --- |

(d)

persons who have been the victims of one of the offences under consideration or with regard to whom certain facts give reason to believe that they could be the victims of such an offence;

| (e) | contacts and associates; and |
| --- | --- |

(e)

contacts and associates; and

| (f) | persons who can provide information on the criminal offences under consideration. |
| --- | --- |

(f)

persons who can provide information on the criminal offences under consideration.

| 2. | The following categories of personal data, including associated administrative data, may be processed on the categories of persons referred to in points (a) and (b) of paragraph 1:






  (a) | personal details:






  (i) | present and former surnames; |
| --- | --- | --- | --- |

2.

(a)

personal details:

(i)

present and former surnames;

| (ii) | present and former forenames; |
| --- | --- |

(ii)

present and former forenames;

| (iii) | maiden name; |
| --- | --- |

(iii)

maiden name;

| (iv) | father's name (where necessary for the purpose of identification); |
| --- | --- |

(iv)

father's name (where necessary for the purpose of identification);

| (v) | mother's name (where necessary for the purpose of identification): |
| --- | --- |

(v)

mother's name (where necessary for the purpose of identification):

| (vi) | sex; |
| --- | --- |

(vi)

sex;

| (vii) | date of birth; |
| --- | --- |

(vii)

date of birth;

| (viii) | place of birth; |
| --- | --- |

(viii)

place of birth;

| (ix) | nationality; |
| --- | --- |

(ix)

nationality;

| (x) | marital status; |
| --- | --- |

(x)

marital status;

| (xi) | alias; |
| --- | --- |

(xi)

alias;

| (xii) | nickname; |
| --- | --- |

(xii)

nickname;

| (xiii) | assumed or false name; |
| --- | --- |

(xiii)

assumed or false name;

| (xiv) | present and former residence and/or domicile; |
| --- | --- |

(xiv)

present and former residence and/or domicile;

| (b) | physical description:






  (i) | physical description; |
| --- | --- | --- |

(b)

physical description:

(i)

physical description;

| (ii) | distinguishing features (marks/scars/tattoos etc.); |
| --- | --- |

(ii)

distinguishing features (marks/scars/tattoos etc.);

| (c) | means of identification:






  (i) | identity documents/driving licence; |
| --- | --- | --- |

(c)

means of identification:

(i)

identity documents/driving licence;

| (ii) | national identity card/passport numbers; |
| --- | --- |

(ii)

national identity card/passport numbers;

| (iii) | national identification number/social security number, if applicable; |
| --- | --- |

(iii)

national identification number/social security number, if applicable;

| (iv) | visual images and other information on appearance; |
| --- | --- |

(iv)

visual images and other information on appearance;

| (v) | forensic identification information such as fingerprints, DNA profile (established from the non-coding part of DNA), voice profile, blood group, dental information; |
| --- | --- |

(v)

forensic identification information such as fingerprints, DNA profile (established from the non-coding part of DNA), voice profile, blood group, dental information;

| (d) | occupation and skills:






  (i) | present employment and occupation; |
| --- | --- | --- |

(d)

occupation and skills:

(i)

present employment and occupation;

| (ii) | former employment and occupation; |
| --- | --- |

(ii)

former employment and occupation;

| (iii) | education (school/university/professional); |
| --- | --- |

(iii)

education (school/university/professional);

| (iv) | qualifications; |
| --- | --- |

(iv)

qualifications;

| (v) | skills and other fields of knowledge (language/other); |
| --- | --- |

(v)

skills and other fields of knowledge (language/other);

| (e) | economic and financial information:






  (i) | financial data (bank accounts and codes, credit cards, etc.); |
| --- | --- | --- |

(e)

economic and financial information:

(i)

financial data (bank accounts and codes, credit cards, etc.);

| (ii) | cash assets; |
| --- | --- |

(ii)

cash assets;

| (iii) | shareholdings/other assets; |
| --- | --- |

(iii)

shareholdings/other assets;

| (iv) | property data; |
| --- | --- |

(iv)

property data;

| (v) | links with companies; |
| --- | --- |

(v)

links with companies;

| (vi) | bank and credit contacts; |
| --- | --- |

(vi)

bank and credit contacts;

| (vii) | tax position; |
| --- | --- |

(vii)

tax position;

| (viii) | other information revealing a person's management of his or her financial affairs; |
| --- | --- |

(viii)

other information revealing a person's management of his or her financial affairs;

| (f) | behavioural data:






  (i) | lifestyle (such as living above means) and routine; |
| --- | --- | --- |

(f)

behavioural data:

(i)

lifestyle (such as living above means) and routine;

| (ii) | movements; |
| --- | --- |

(ii)

movements;

| (iii) | places frequented; |
| --- | --- |

(iii)

places frequented;

| (iv) | weapons and other dangerous instruments; |
| --- | --- |

(iv)

weapons and other dangerous instruments;

| (v) | danger rating; |
| --- | --- |

(v)

danger rating;

| (vi) | specific risks such as escape probability, use of double agents, connections with law enforcement personnel; |
| --- | --- |

(vi)

specific risks such as escape probability, use of double agents, connections with law enforcement personnel;

| (vii) | criminal-related traits and profiles; |
| --- | --- |

(vii)

criminal-related traits and profiles;

| (viii) | drug abuse; |
| --- | --- |

(viii)

drug abuse;

| (g) | contacts and associates, including type and nature of the contact or association; |
| --- | --- |

(g)

contacts and associates, including type and nature of the contact or association;

| (h) | means of communication used, such as telephone (static/mobile), fax, pager, electronic mail, postal addresses, internet connection(s); |
| --- | --- |

(h)

means of communication used, such as telephone (static/mobile), fax, pager, electronic mail, postal addresses, internet connection(s);

| (i) | means of transport used, such as vehicles, boats, aircraft, including information identifying those means of transport (registration numbers); |
| --- | --- |

(i)

means of transport used, such as vehicles, boats, aircraft, including information identifying those means of transport (registration numbers);

| (j) | information relating to criminal conduct:






  (i) | previous convictions; |
| --- | --- | --- |

(j)

information relating to criminal conduct:

(i)

previous convictions;

| (ii) | suspected involvement in criminal activities; |
| --- | --- |

(ii)

suspected involvement in criminal activities;

| (iii) | modi operandi; |
| --- | --- |

(iii)

modi operandi;

| (iv) | means which were or may be used to prepare and/or commit crimes; |
| --- | --- |

(iv)

means which were or may be used to prepare and/or commit crimes;

| (v) | membership of criminal groups/organisations and position in the group/organisation; |
| --- | --- |

(v)

membership of criminal groups/organisations and position in the group/organisation;

| (vi) | role in the criminal organisation; |
| --- | --- |

(vi)

role in the criminal organisation;

| (vii) | geographical range of criminal activities; |
| --- | --- |

(vii)

geographical range of criminal activities;

| (viii) | material gathered in the course of an investigation, such as video and photographic images; |
| --- | --- |

(viii)

material gathered in the course of an investigation, such as video and photographic images;

| (k) | references to other information systems in which information on the person is stored:






  (i) | Europol; |
| --- | --- | --- |

(k)

references to other information systems in which information on the person is stored:

(i)

Europol;

| (ii) | police/customs agencies; |
| --- | --- |

(ii)

police/customs agencies;

| (iii) | other enforcement agencies; |
| --- | --- |

(iii)

other enforcement agencies;

| (iv) | international organisations; |
| --- | --- |

(iv)

international organisations;

| (v) | public entities; |
| --- | --- |

(v)

public entities;

| (vi) | private entities; |
| --- | --- |

(vi)

private entities;

| (l) | information on legal persons associated with the data referred to in points (e) and (j):






  (i) | designation of the legal person; |
| --- | --- | --- |

(l)

information on legal persons associated with the data referred to in points (e) and (j):

(i)

designation of the legal person;

| (ii) | location; |
| --- | --- |

(ii)

location;

| (iii) | date and place of establishment; |
| --- | --- |

(iii)

date and place of establishment;

| (iv) | administrative registration number; |
| --- | --- |

(iv)

administrative registration number;

| (v) | legal form; |
| --- | --- |

(v)

legal form;

| (vi) | capital; |
| --- | --- |

(vi)

capital;

| (vii) | area of activity; |
| --- | --- |

(vii)

area of activity;

| (viii) | national and international subsidiaries; |
| --- | --- |

(viii)

national and international subsidiaries;

| (ix) | directors; |
| --- | --- |

(ix)

directors;

| (x) | links with banks. |
| --- | --- |

(x)

links with banks.

| 3. | ‘Contacts and associates’, as referred to in point (e) of paragraph 1, are persons through whom there is sufficient reason to believe that information which relates to the persons referred to in points (a) and (b) of paragraph 1 and which is relevant for the analysis can be gained, provided they are not included in one of the categories of persons referred to in points (a), (b), (c), (d) and (f) of paragraph 1. ‘Contacts’ are those persons who have a sporadic contact with the persons referred to in points (a) and (b) of paragraph 1. ‘Associates’ are those persons who have a regular contact with the persons referred to in points (a) and (b) of paragraph 1.
  In relation to contacts and associates, the data referred to in paragraph 2 may be stored as necessary, provided there is reason to assume that such data are required for the analysis of the relationship of such persons with persons referred to in points (a) and (b) of paragraph 1. In this context, the following shall be observed:






  (a) | such relationship shall be clarified as soon as possible; |
| --- | --- | --- |

3.

In relation to contacts and associates, the data referred to in paragraph 2 may be stored as necessary, provided there is reason to assume that such data are required for the analysis of the relationship of such persons with persons referred to in points (a) and (b) of paragraph 1. In this context, the following shall be observed:

(a)

such relationship shall be clarified as soon as possible;

| (b) | the data referred to in paragraph 2 shall be deleted without delay if the assumption that such relationship exists turns out to be unfounded; |
| --- | --- |

(b)

the data referred to in paragraph 2 shall be deleted without delay if the assumption that such relationship exists turns out to be unfounded;

| (c) | all data referred to in paragraph 2 may be stored if contacts or associates are suspected of having committed an offence falling within the scope of Europol's objectives, or have been convicted for the commission of such an offence, or if there are factual indications or reasonable grounds under the national law of the Member State concerned to believe that they will commit such an offence; |
| --- | --- |

(c)

all data referred to in paragraph 2 may be stored if contacts or associates are suspected of having committed an offence falling within the scope of Europol's objectives, or have been convicted for the commission of such an offence, or if there are factual indications or reasonable grounds under the national law of the Member State concerned to believe that they will commit such an offence;

| (d) | data referred to in paragraph 2 on contacts, and associates, of contacts as well as on contacts, and associates, of associates shall not be stored, with the exception of data on the type and nature of their contact or association with the persons referred to in points (a) and (b) of paragraph 1; |
| --- | --- |

(d)

data referred to in paragraph 2 on contacts, and associates, of contacts as well as on contacts, and associates, of associates shall not be stored, with the exception of data on the type and nature of their contact or association with the persons referred to in points (a) and (b) of paragraph 1;

| (e) | if a clarification pursuant to the previous points is not possible, this shall be taken into account when a decision is taken on the need for, and the extent of, data storage for further analysis. |
| --- | --- |

(e)

if a clarification pursuant to the previous points is not possible, this shall be taken into account when a decision is taken on the need for, and the extent of, data storage for further analysis.

| 4. | With regard to a person who, as referred to in point (d) of paragraph 1, has been the victim of one of the offences under consideration or who, on the basis of certain facts there is reason to believe could be the victim of such an offence, the data referred to in point (a) to point (c)(iii) of paragraph 2 as well as the following categories of data may be stored:






  (a) | victim identification data; |
| --- | --- | --- |

4.

(a)

victim identification data;

| (b) | reason for victimisation; |
| --- | --- |

(b)

reason for victimisation;

| (c) | damage (physical/financial/psychological/other); |
| --- | --- |

(c)

damage (physical/financial/psychological/other);

| (d) | whether anonymity is to be guaranteed; |
| --- | --- |

(d)

whether anonymity is to be guaranteed;

| (e) | whether participation in a court hearing is possible; |
| --- | --- |

(e)

whether participation in a court hearing is possible;

| (f) | crime-related information provided by or through persons referred to in point (d) of paragraph 1, including where necessary information on their relationship with other persons, for the purpose of identifying the persons referred to in points (a) and (b) of paragraph 1. |
| --- | --- |

(f)

crime-related information provided by or through persons referred to in point (d) of paragraph 1, including where necessary information on their relationship with other persons, for the purpose of identifying the persons referred to in points (a) and (b) of paragraph 1.

Other data referred to in paragraph 2 may be stored as necessary, provided there is reason to assume that they are required for the analysis of a person's role as victim or potential victim.

Data not required for any further analysis shall be deleted.

| 5. | With regard to persons who, as referred to in point (c) of paragraph 1, might be called on to testify in investigations in connection with the offences under consideration or in subsequent criminal proceedings, data referred to in point (a) to point (c)(iii) of paragraph 2 as well as categories of data complying with the following criteria may be stored:






  (a) | crime-related information provided by such persons, including information on their relationship with other persons included in the analysis work file; |
| --- | --- | --- |

5.

(a)

crime-related information provided by such persons, including information on their relationship with other persons included in the analysis work file;

| (b) | whether anonymity is to be guaranteed; |
| --- | --- |

(b)

whether anonymity is to be guaranteed;

| (c) | whether protection is to be guaranteed and by whom; |
| --- | --- |

(c)

whether protection is to be guaranteed and by whom;

| (d) | new identity; |
| --- | --- |

(d)

new identity;

| (e) | whether participation in a court hearing is possible. |
| --- | --- |

(e)

whether participation in a court hearing is possible.

Other data referred to in paragraph 2 may be stored as necessary, provided there is reason to assume that they are required for the analysis of such persons' role as witness.

Data not required for any further analysis shall be deleted.

| 6. | With regard to persons who, as referred to in point (f) of paragraph 1, can provide information on the criminal offences under consideration, data referred to in point (a) to point (c)(iii) of paragraph 2 as well as categories of data complying with the following criteria may be stored:






  (a) | coded personal details; |
| --- | --- | --- |

6.

(a)

coded personal details;

| (b) | type of information supplied; |
| --- | --- |

(b)

type of information supplied;

| (c) | whether anonymity is to be guaranteed; |
| --- | --- |

(c)

whether anonymity is to be guaranteed;

| (d) | whether protection is to be guaranteed and by whom; |
| --- | --- |

(d)

whether protection is to be guaranteed and by whom;

| (e) | new identity; |
| --- | --- |

(e)

new identity;

| (f) | whether participation in a court hearing is possible; |
| --- | --- |

(f)

whether participation in a court hearing is possible;

| (g) | negative experiences; |
| --- | --- |

(g)

negative experiences;

| (h) | rewards (financial/favours). |
| --- | --- |

(h)

rewards (financial/favours).

Other data referred to in paragraph 2 may be stored as necessary, provided there is reason to assume that they are required for the analysis of such persons' role as informant.

Data not required for any further analysis shall be deleted.

| 7. | If, at any time during the course of an analysis, it becomes clear on the basis of serious and corroborating indications that a person should be included in a category of persons, as defined in this Annex, other than the category in which that person was initially placed, Europol may process only the data on that person which is permitted under that new category, and all other data shall be deleted.
  If, on the basis of such indications, it becomes clear that a person should be included in two or more different categories as defined in this Annex, all data allowed under such categories may be processed by Europol. |
| --- | --- |

7.

If, on the basis of such indications, it becomes clear that a person should be included in two or more different categories as defined in this Annex, all data allowed under such categories may be processed by Europol.

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II Non-legislative acts

REGULATIONS

| 24.5.2016 | EN | Official Journal of the European Union | L 135/115 |
| --- | --- | --- | --- |

24.5.2016

EN

Official Journal of the European Union

L 135/115

---

COUNCIL REGULATION (EU) 2016/795

of 11 April 2016

amending Regulation (EU) No 1370/2013 determining measures on fixing certain aids and refunds related to the common organisation of the markets in agricultural products

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(3) thereof,

Having regard to the proposal from the European Commission,

Whereas:

| (1) | Article 43(3) of the Treaty provides that the Council, on a proposal from the Commission, is to adopt measures on fixing aid. |
| --- | --- |

(1)

Article 43(3) of the Treaty provides that the Council, on a proposal from the Commission, is to adopt measures on fixing aid.

| (2) | Articles 5 and 6 of Council Regulation (EU) No 1370/2013 (1) fix the amount of Union aid under the school fruit and vegetables scheme and the school milk scheme, as provided for by Regulation (EU) No 1308/2013 of the European Parliament and of the Council (2), set out certain rules on the extent of the aid and its allocation to Member States in the case of the school fruit and vegetables scheme and fix the maximum quantity of products eligible for aid in the case of the school milk scheme. |
| --- | --- |

(2)

Articles 5 and 6 of Council Regulation (EU) No 1370/2013 (1) fix the amount of Union aid under the school fruit and vegetables scheme and the school milk scheme, as provided for by Regulation (EU) No 1308/2013 of the European Parliament and of the Council (2), set out certain rules on the extent of the aid and its allocation to Member States in the case of the school fruit and vegetables scheme and fix the maximum quantity of products eligible for aid in the case of the school milk scheme.

| (3) | Section 1 of Chapter II of Title I of Part II of Regulation (EU) No 1308/2013, as amended by Regulation (EU) 2016/791 of the European Parliament and of the Council (3), provides for a new common framework for the Union aid for the supply of fruit and vegetables, processed fruit and vegetables and fresh products of the banana sector (‘school fruit and vegetables’) and of milk and milk products (‘school milk’) to children in educational establishments (‘the school scheme’). |
| --- | --- |

(3)

Section 1 of Chapter II of Title I of Part II of Regulation (EU) No 1308/2013, as amended by Regulation (EU) 2016/791 of the European Parliament and of the Council (3), provides for a new common framework for the Union aid for the supply of fruit and vegetables, processed fruit and vegetables and fresh products of the banana sector (‘school fruit and vegetables’) and of milk and milk products (‘school milk’) to children in educational establishments (‘the school scheme’).

| (4) | Regulation (EU) No 1308/2013 provides for Union aid for accompanying educational measures that support the supply and distribution of school fruit and vegetables and school milk, as well as for Union aid covering certain costs related to such supply and distribution. In order to ensure sound budgetary management, a maximum level of Union aid for the financing of those accompanying educational measures and of those related costs should be fixed. |
| --- | --- |

(4)

Regulation (EU) No 1308/2013 provides for Union aid for accompanying educational measures that support the supply and distribution of school fruit and vegetables and school milk, as well as for Union aid covering certain costs related to such supply and distribution. In order to ensure sound budgetary management, a maximum level of Union aid for the financing of those accompanying educational measures and of those related costs should be fixed.

| (5) | Regulation (EU) No 1308/2013 provides for Union aid for the supply and distribution of drinking milk and lactose-free versions thereof to children in educational establishments and allows Member States to provide for the distribution of certain milk products other than such drinking milk, as well as of products listed in Annex V to that Regulation. While Regulation (EU) No 1308/2013 does not provide for maximum amounts of Union aid for agricultural products, it limits Union aid to the milk component of non-agricultural products listed in Annex V to that Regulation. To ensure the proper functioning of that aid and to ensure flexibility in the administration of the school scheme, the maximum amount of Union aid for that milk component should be fixed. |
| --- | --- |

(5)

Regulation (EU) No 1308/2013 provides for Union aid for the supply and distribution of drinking milk and lactose-free versions thereof to children in educational establishments and allows Member States to provide for the distribution of certain milk products other than such drinking milk, as well as of products listed in Annex V to that Regulation. While Regulation (EU) No 1308/2013 does not provide for maximum amounts of Union aid for agricultural products, it limits Union aid to the milk component of non-agricultural products listed in Annex V to that Regulation. To ensure the proper functioning of that aid and to ensure flexibility in the administration of the school scheme, the maximum amount of Union aid for that milk component should be fixed.

| (6) | Regulation (EU) No 1308/2013 lays down the overall annual amount of Union aid for the Union as a whole and objective criteria for the allocation of that overall amount among Member States. Annual indicative allocations should therefore be fixed for each Member State. In order to allow Member States with a limited demographic size to implement a cost-effective scheme, a minimum amount of Union aid to which Member States are entitled should be fixed. Given that Croatia joined the Union on 1 July 2013, the criterion of the historical use of Union aid for the supply of milk and milk products to children should not apply to it until 1 August 2023. |
| --- | --- |

(6)

Regulation (EU) No 1308/2013 lays down the overall annual amount of Union aid for the Union as a whole and objective criteria for the allocation of that overall amount among Member States. Annual indicative allocations should therefore be fixed for each Member State. In order to allow Member States with a limited demographic size to implement a cost-effective scheme, a minimum amount of Union aid to which Member States are entitled should be fixed. Given that Croatia joined the Union on 1 July 2013, the criterion of the historical use of Union aid for the supply of milk and milk products to children should not apply to it until 1 August 2023.

| (7) | In order to ensure the efficient and targeted use of Union funds, provision should be made for the reallocation, within the limits set out in Regulation (EU) No 1308/2013, of indicative allocations that have not been applied for by Member States, either in whole or in part, to other Member States, without exceeding the overall annual limit for Union aid provided for in Regulation (EU) No 1308/2013. |
| --- | --- |

(7)

In order to ensure the efficient and targeted use of Union funds, provision should be made for the reallocation, within the limits set out in Regulation (EU) No 1308/2013, of indicative allocations that have not been applied for by Member States, either in whole or in part, to other Member States, without exceeding the overall annual limit for Union aid provided for in Regulation (EU) No 1308/2013.

| (8) | In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission relating to: the fixing of the maximum level of Union aid per category of related costs; the fixing, after a 6-year transitional period, of indicative allocations of Union aid to each Member State; the fixing, where necessary and upon assessment, of new indicative allocations; the measures necessary for the reallocation of indicative allocations among Member States; and the fixing of definitive allocations for each Member State. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (4). |
| --- | --- |

(8)

In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission relating to: the fixing of the maximum level of Union aid per category of related costs; the fixing, after a 6-year transitional period, of indicative allocations of Union aid to each Member State; the fixing, where necessary and upon assessment, of new indicative allocations; the measures necessary for the reallocation of indicative allocations among Member States; and the fixing of definitive allocations for each Member State. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (4).

| (9) | Regulation (EU) No 1370/2013 should therefore be amended accordingly. To take into account the periodicity of the school year, the new rules should become applicable as from 1 August 2017, |
| --- | --- |

(9)

Regulation (EU) No 1370/2013 should therefore be amended accordingly. To take into account the periodicity of the school year, the new rules should become applicable as from 1 August 2017,

HAS ADOPTED THIS REGULATION:

Article 1

Amendments to Regulation (EU) No 1370/2013

Regulation (EU) No 1370/2013 is amended as follows:

| (1) | Articles 5 and 6 are replaced by the following:

  ‘Article 5
  Aid for the supply of school fruit and vegetables and of school milk, accompanying educational measures and related costs

  1.   Union aid for the financing of accompanying educational measures as referred to in point (b) of Article 23(1) of Regulation (EU) No 1308/2013 shall not exceed 15 % of Member States' annual definitive allocations as referred to in paragraph 6 of this Article.


  2.   Union aid for related costs as referred to in point (c) of Article 23(1) of Regulation (EU) No 1308/2013 shall in total not exceed 10 % of Member States' annual definitive allocations as referred to in paragraph 6 of this Article.
  The Commission shall adopt implementing acts fixing the maximum level of Union aid per category of such costs as a percentage of Member States' annual definitive allocations or as a percentage of the costs of the products concerned.
  Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15(2) of this Regulation.


  3.   The amount of Union aid for the milk component of the products referred to in Article 23(5) of Regulation (EU) No 1308/2013 shall not exceed EUR 27/100 kg.


  4.   The aid referred to in Article 23(1) of Regulation (EU) No 1308/2013 shall be allocated to each Member State in accordance with this paragraph and taking into account the criteria laid down in the first subparagraph of Article 23a(2) of Regulation (EU) No 1308/2013.
  From 1 August 2017 until 31 July 2023, the indicative allocations of the aid referred to in points (a) and (b) of the second subparagraph of Article 23a(1) of Regulation (EU) No 1308/2013 for each Member State shall be as set out in Annex I. During that period, point (c) of the first subparagraph of Article 23a(2) of Regulation (EU) No 1308/2013 shall not apply to Croatia.
  From 1 August 2023, the Commission shall adopt implementing acts fixing, on the basis of the criteria referred to in the first subparagraph of Article 23a(2) of Regulation (EU) No 1308/2013, the indicative allocations to each Member State of the aid referred to in points (a) and (b) of the second subparagraph of Article 23a(1) of that Regulation. However, Member States shall each receive at least EUR 290 000 of Union aid for the distribution of school fruit and vegetables and at least EUR 193 000 of Union aid for the distribution of school milk, as defined in Article 23(2) of Regulation (EU) No 1308/2013.
  The Commission shall subsequently assess at least every 3 years whether those indicative allocations remain consistent with the criteria laid down in Article 23a(2) of Regulation (EU) No 1308/2013. Where necessary, the Commission shall adopt implementing acts fixing new indicative allocations.
  The implementing acts referred to in this paragraph shall be adopted in accordance with the examination procedure referred to in Article 15(2) of this Regulation.


  5.   Where, for a given year, a Member State has not submitted a request for Union aid in accordance with Article 23a(3) of Regulation (EU) No 1308/2013 or has requested only part of its indicative allocation as referred to in paragraph 4 of this Article, the Commission shall reallocate that indicative allocation or the unrequested part thereof to those Member States who have notified it of their willingness to use more than their indicative allocation.
  The Commission shall, by means of implementing acts, adopt the measures necessary for carrying out such a reallocation, which shall be based on the criterion referred to in point (a) of the first subparagraph of Article 23a(2) of Regulation (EU) No 1308/2013 and limited according to the level of use of the definitive allocation of Union aid as referred to in paragraph 6 of this Article by the Member State concerned for the school year that ended prior to the annual request for Union aid.
  Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15(2) of this Regulation.


  6.   Following the requests submitted by the Member States in accordance with Article 23a(3) of Regulation (EU) No 1308/2013, the Commission shall each year adopt implementing acts fixing the definitive allocation of aid for school fruit and vegetables and for school milk among participating Member States within the limits set out in Article 23a(1) of Regulation (EU) No 1308/2013, taking account of the transfers referred to in Article 23a(4) of that Regulation.
  Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15(2) of this Regulation.’; |
| --- | --- |

(1)

Articles 5 and 6 are replaced by the following:

‘Article 5

Aid for the supply of school fruit and vegetables and of school milk, accompanying educational measures and related costs

1.   Union aid for the financing of accompanying educational measures as referred to in point (b) of Article 23(1) of Regulation (EU) No 1308/2013 shall not exceed 15 % of Member States' annual definitive allocations as referred to in paragraph 6 of this Article.

2.   Union aid for related costs as referred to in point (c) of Article 23(1) of Regulation (EU) No 1308/2013 shall in total not exceed 10 % of Member States' annual definitive allocations as referred to in paragraph 6 of this Article.

The Commission shall adopt implementing acts fixing the maximum level of Union aid per category of such costs as a percentage of Member States' annual definitive allocations or as a percentage of the costs of the products concerned.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15(2) of this Regulation.

3.   The amount of Union aid for the milk component of the products referred to in Article 23(5) of Regulation (EU) No 1308/2013 shall not exceed EUR 27/100 kg.

4.   The aid referred to in Article 23(1) of Regulation (EU) No 1308/2013 shall be allocated to each Member State in accordance with this paragraph and taking into account the criteria laid down in the first subparagraph of Article 23a(2) of Regulation (EU) No 1308/2013.

From 1 August 2017 until 31 July 2023, the indicative allocations of the aid referred to in points (a) and (b) of the second subparagraph of Article 23a(1) of Regulation (EU) No 1308/2013 for each Member State shall be as set out in Annex I. During that period, point (c) of the first subparagraph of Article 23a(2) of Regulation (EU) No 1308/2013 shall not apply to Croatia.

From 1 August 2023, the Commission shall adopt implementing acts fixing, on the basis of the criteria referred to in the first subparagraph of Article 23a(2) of Regulation (EU) No 1308/2013, the indicative allocations to each Member State of the aid referred to in points (a) and (b) of the second subparagraph of Article 23a(1) of that Regulation. However, Member States shall each receive at least EUR 290 000 of Union aid for the distribution of school fruit and vegetables and at least EUR 193 000 of Union aid for the distribution of school milk, as defined in Article 23(2) of Regulation (EU) No 1308/2013.

The Commission shall subsequently assess at least every 3 years whether those indicative allocations remain consistent with the criteria laid down in Article 23a(2) of Regulation (EU) No 1308/2013. Where necessary, the Commission shall adopt implementing acts fixing new indicative allocations.

The implementing acts referred to in this paragraph shall be adopted in accordance with the examination procedure referred to in Article 15(2) of this Regulation.

5.   Where, for a given year, a Member State has not submitted a request for Union aid in accordance with Article 23a(3) of Regulation (EU) No 1308/2013 or has requested only part of its indicative allocation as referred to in paragraph 4 of this Article, the Commission shall reallocate that indicative allocation or the unrequested part thereof to those Member States who have notified it of their willingness to use more than their indicative allocation.

The Commission shall, by means of implementing acts, adopt the measures necessary for carrying out such a reallocation, which shall be based on the criterion referred to in point (a) of the first subparagraph of Article 23a(2) of Regulation (EU) No 1308/2013 and limited according to the level of use of the definitive allocation of Union aid as referred to in paragraph 6 of this Article by the Member State concerned for the school year that ended prior to the annual request for Union aid.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15(2) of this Regulation.

6.   Following the requests submitted by the Member States in accordance with Article 23a(3) of Regulation (EU) No 1308/2013, the Commission shall each year adopt implementing acts fixing the definitive allocation of aid for school fruit and vegetables and for school milk among participating Member States within the limits set out in Article 23a(1) of Regulation (EU) No 1308/2013, taking account of the transfers referred to in Article 23a(4) of that Regulation.

Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15(2) of this Regulation.’;

| (2) | the following Annex is inserted:



  ‘ANNEX I

  INDICATIVE ALLOCATIONS

  for the period 1 August 2017 to 31 July 2023

  (as referred to in the second subparagraph of Article 5(4))







  Member State | Indicative allocation for school fruit and vegetables | Indicative allocation for school milk |
| --- | --- | --- | --- |
| Belgium | 3 367 930 | 1 650 729 |
| Bulgaria | 2 093 779 | 1 020 451 |
| Czech Republic | 3 123 230 | 1 600 707 |
| Denmark | 1 807 661 | 1 460 645 |
| Germany | 19 696 932 | 9 404 154 |
| Estonia | 439 163 | 700 309 |
| Ireland | 1 757 779 | 900 398 |
| Greece | 3 218 885 | 1 550 685 |
| Spain | 12 932 647 | 6 302 784 |
| France | 22 488 086 | 12 625 577 |
| Croatia | 1 360 232 | 800 354 |
| Italy | 16 711 302 | 8 003 535 |
| Cyprus | 290 000 | 500 221 |
| Latvia | 633 672 | 700 309 |
| Lithuania | 900 888 | 1 032 456 |
| Luxembourg | 290 000 | 193 000 |
| Hungary | 3 029 587 | 1 756 776 |
| Malta | 290 000 | 193 000 |
| Netherlands | 5 431 641 | 2 401 061 |
| Austria | 2 238 064 | 1 100 486 |
| Poland | 11 639 985 | 10 204 507 |
| Portugal | 3 283 397 | 2 220 981 |
| Romania | 6 866 848 | 10 399 594 |
| Slovenia | 554 020 | 320 141 |
| Slovakia | 1 708 720 | 900 398 |
| Finland | 1 599 047 | 3 824 689 |
| Sweden | 2 854 972 | 8 427 723 |
| United Kingdom | 19 391 534 | 9 804 331 |
| Total | 150 000 000 | 100 000 000 ’ |

(2)

the following Annex is inserted:

‘ANNEX I

INDICATIVE ALLOCATIONS

for the period 1 August 2017 to 31 July 2023

(as referred to in the second subparagraph of Article 5(4))

Member State

Indicative allocation for school fruit and vegetables

Indicative allocation for school milk

Belgium

3 367 930

1 650 729

Bulgaria

2 093 779

1 020 451

Czech Republic

3 123 230

1 600 707

Denmark

1 807 661

1 460 645

Germany

19 696 932

9 404 154

Estonia

439 163

700 309

Ireland

1 757 779

900 398

Greece

3 218 885

1 550 685

Spain

12 932 647

6 302 784

France

22 488 086

12 625 577

Croatia

1 360 232

800 354

Italy

16 711 302

8 003 535

Cyprus

290 000

500 221

Latvia

633 672

700 309

Lithuania

900 888

1 032 456

Luxembourg

290 000

193 000

Hungary

3 029 587

1 756 776

Malta

290 000

193 000

Netherlands

5 431 641

2 401 061

Austria

2 238 064

1 100 486

Poland

11 639 985

10 204 507

Portugal

3 283 397

2 220 981

Romania

6 866 848

10 399 594

Slovenia

554 020

320 141

Slovakia

1 708 720

900 398

Finland

1 599 047

3 824 689

Sweden

2 854 972

8 427 723

United Kingdom

19 391 534

9 804 331

Total

150 000 000

100 000 000 ’

| (3) | the Annex is numbered as ‘Annex II’. |
| --- | --- |

(3)

the Annex is numbered as ‘Annex II’.

Article 2

Entry into force and application

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Official Journal of the European Union

It shall apply from 1 August 2017.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Luxembourg, 11 April 2016.

For the Council

The President

M.H.P. VAN DAM

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(1)  Council Regulation (EU) No 1370/2013 of 16 December 2013 determining measures on fixing certain aids and refunds related to the common organisation of the markets in agricultural products (OJ L 346, 20.12.2013, p. 12).

1

(2)  Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 (OJ L 347, 20.12.2013, p. 671).

2

(3)  Regulation (EU) 2016/791 of the European Parliament and of the Council of 11 May 2016 amending Regulations (EU) No 1308/2013 and (EU) No 1306/2013 as regards the aid scheme for the supply of fruit and vegetables, bananas and milk in educational establishments (see page 1 of this Official Journal).

3

(4)  Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

4

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