2000Y0413 — EN — 07.12.2001 — 001.001 — 1
Thisdocumentismeantpurelyasadocumentationtoolandtheinstitutionsdonotassumeanyliabilityforitscontents
►B COUNCILDECISION
of27March2000
authorisingtheDirectorofEuropoltoenterintonegotiationsonagreementswiththirdStatesand
non-EU-relatedbodies
(2000/C106/01)
(OJ C 106, 13.4.2000, p. 1)
Amended by:
OfficialJournal
No page date
►M1 CouncilDecision of 6 December 2001 C 358 1 15.12.2001
▼B
COUNCILDECISION
of27March2000
authorisingtheDirector ofEuropoltoenter intonegotiationson
agreementswiththirdStatesandnon-EU-relatedbodies
(2000/C106/01)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to Article 42(2), Article 10(4) and Article 18 of the
Convention on the establishment of a European Police Office (EuropolConvention) (
1),
Having regard to the CouncilAct of 3 November 1998 l aying down the
Rules governing Europol's external relations with third States and non-European Union-related bodies, and in particular Article 2 of those
Rules (
2),
Having regard to the CouncilAct of 3 November 1998 l aying down the
Rules concerning the receipt of information by Europol from third
parties, and in particular Article 2 of those Rules (3),
Having regard to the CouncilAct of 12 March 1999 adopting the Rul es
governing the transmission of personaldata by Europolto third States
and third bodies, and in particular Articles 2 and 3 of those Rules (4),
Whereas:
(1) The effectiveness of combating organised forms of criminality
through Europolmay be further enhanced by appropriate rel ations
between Europoland third States and bodies.
(2) This Decision authorises the Director of Europolto enter intonegotiations with a first group of third States and non-EuropeanUnion-related bodies selected according to operational require-ments and the need to combat in an effective way organised forms
of criminality through Europol.
(3) This Decision does not preclude the Council from adding in a
subsequent decision further third States and non-European Union-related bodies.
(4) The Council made a declaration on Article 42 of the EuropolConvention according to which Europolshoul d as a matter of
priority establish relations with the competent bodies of those
States with which the European Communities and their MemberStates have established a structured dialogue.
(5) The Director of Europolmay onl y enter into negotiationsconcerning the transmission of personaldata once the Councilis satisfied that there are no obstacles to the start of such
negotiations, taking account of the laws and administrative
practice in the field of data protection in the third State or non-European Union-related body concerned,
HAS DECIDED AS FOLLOWS:
Article 1
1. Under the conditions set out in this Decision, the Director of
Europolshal lbe authorised to enter into negotiations with the thirdStates and non-European Union-related bodies mentioned in Article 2.
2. In so far as it is intended to exchange personaldata, the agreements
to be negotiated shall contain provisions concerning the receipt of thedata by Europol, the type of data to be transmitted and the purpose for2000Y0413 — EN — 07.12.2001 — 001.001 — 2
(1) OJ C 316, 27.11.1995, p. 2.
(2) OJ C 26, 30.1.1999, p. 19.
(3) OJ C 26, 30.1.1999, p. 17.
(4) OJ C 88, 30.3.1999, p 1.
▼B
which the data are to be transmitted or used, and must ensure full
compliance with all relevant provisions of the Europol Convention andits implementing regulations in this respect.
3. In so far as it is intended to exchange information subject to the
requirement of confidentiality, the agreements shall contain provisions
concerning confidentiality in line with Article 18(6) of the EuropolConvention.
4. The agreements may contain provisions on the secondment of
liaison officers from third countries and third bodies to Europol and,where necessary, on the secondment of liaison officers from Europol.
5. However, when an agreement including the transmission of
personaldata by Europolto third States and non-European Union-related bodies is envisaged, the Director of Europol may only startnegotiations after the Councildecides, acting unanimousl y, on the basis
of a report to be submitted to it by the EuropolManagement Board, that
no obstacles exist to start such negotiations. The Management Boardshall consult the Joint Supervisory Body on these reports. In reachingthe decision on the start of negotiations the Councilshal ltake intoaccount Article 2(2) and Article 3(3) of the Rules governing the
transmission of personaldata by Europolto third States and third bodies.
Article 2
1. Subject to the human and financial resources available at Europol,
negotiations shall be entered into with the following third States andnon-European Union-related bodies:
Third States (in alphabetical order):
— Bolivia
— Bulgaria— Canada
— Colombia
— Cyprus
— Czech Republic
— Estonia— Hungary
— Iceland
— Latvia— Lithuania
— Malta
— Monaco
— Morocco
— Norway— Peru
— Poland
— Romania
— Russian Federation
— Slovakia— Slovenia
— Switzerland
— Turkey
— United States of America.
Non-European Union-related bodies (in alphabetical order):
— ICPO-Interpol
—►
M1ODCCP (United Nations Office for Drug Controland Crime
Prevention) ◄
— World Customs Organisation.
2. The Management Board shall, when considering its position under
Article 3(1) of this Decision, decide on the prioritisation of the2000Y0413 — EN — 07.12.2001 — 001.001 — 3
▼M1
▼B
▼B
negotiations, taking account of the Council's declaration on Article 42 of
the EuropolConvention.
Article 3
1. Without prejudice to Article 1(5), Europol shall enter into the
negotiations envisaged in this Decision as soon as the Management
Board is satisfied that such negotiations have been adequately prepared.
The Management Board may provide the Director of Europolwith anysuch further instructions concerning the negotiations as it considersnecessary.
2. The Management Board shall be informed permanently of the state
of the negotiations. A progress report shall be submitted to the Boardevery six months, the first one to be presented before 1 January 2001.
Article 4
1. This Decision shall be published in the Official Journal.2. This Decision shall enter into force on the day following that of its
adoption.2000Y0413 — EN — 07.12.2001 — 001.001 — 4