2000Y0413 — EN — 14.06.2002 — 002.001 — 1
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►B COUNCILDECISION
of27March2000
authorisingtheDirectorofEuropoltoenterintonegotiationsonagreementswiththirdStatesand
non-EU-relatedbodies
(2000/C106/01)
(OJ C 106, 13.4.2000, p. 1)
Amended by:
Official Journal
No page date
►M1Council Decision of 6 December 2001 C358 1 15.12.2001
►M2Council Decision of 13 June 2002 C150 1 22.6.2002
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COUNCILDECISION
of27March2000
authorising the Director of Europol to enter into negotiations on
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 Council Act of 3 November 1998 laying down the
Rules governing Europol's external relations withth ird States and non-European Union-related bodies, and in particular Article 2 of those
Rules(
2),
Having regard to the Council Act of 3 November 1998 laying 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 Council Act of 12 March 1999 adopting the Rules
governing the transmission of personal data by Europol to 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 Europol may be further enhanced by appropriate rela-
tions between Europol and third States and bodies.
(2)This Decision authorises the Director of Europol to enter intonegotiations witha first group of th ird 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-EuropeanUnion-related bodies.
(4)The Council made a declaration on Article 42 of the EuropolConvention according to which Europol should 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 Europol may only enter into negotiationsconcerning the transmission of personal data once the Councilis satisfied that there are no obstacles to the start of such nego-
tiations, taking account of the laws and administrative practice in
the field of data protection in the third State or non-EuropeanUnion-related body concerned,
HAS DECIDED AS FOLLOWS:
Article 1
1. Under the conditions set out in this Decision, the Director of
Europol shall be 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 personal data, the agree-
ments to be negotiated shall contain provisions concerning the receiptof the data by Europol, the type of data to be transmitted and the2000Y0413 — EN — 14.06.2002 — 002.001 — 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.
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purpose for which the data are to be transmitted or used, and must
ensure full compliance withall relevant provisions of th e EuropolConvention and its 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 withArticle 18(6) of th e 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
personal data by Europol to third States and non-European Union-related bodies is envisaged, the Director of Europol may only start
negotiations after the Council decides, acting unanimously, on the basis
of a report to be submitted to it by the Europol Management Board,that no obstacles exist to start such negotiations. The ManagementBoard shall consult the Joint Supervisory Body on these reports. Inreaching the decision on the start of negotiations the Council shalltake into account Article 2(2) and Article 3(3) of the Rules governing
the transmission of personal data by Europol to 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 and
non-European Union-related bodies:
Third States (in alphabetical order):
— Albania
— Bolivia
— Bosnia and Herzegovina— Bulgaria
— Canada
— Colombia
— Croatia
— Cyprus
— CzechRepublic— Estonia
— Federal Republic of Yugoslavia
— Former Yugoslav Republic of Macedonia (FYROM)
— Hungary
— Iceland— Latvia
— Lithuania
— Malta
— Monaco
— Morocco
— Norway— Peru
— Poland
— Romania
— Russian Federation2000Y0413 — EN — 14.06.2002 — 002.001 — 3
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— Slovakia
— Slovenia— Switzerland— Turkey
— United States of America.
Non-European Union-related bodies (in alphabetical order):
— ICPO-Interpol
—►
M1ODCCP (United Nations Office for Drug Control and 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 thenegotiations, taking account of the Council's declaration on Article 42of the Europol Convention.
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 Europol with 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
Board every 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 — 14.06.2002 — 002.001 — 4