02016R0794 — EN — 28.06.2022 — 001.001

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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







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;

(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;

(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;

(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;

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(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;

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(p) ‘administrative personal data’ means personal data processed by Europol other than operational personal data;

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(q) ‘investigative data’ means data that a Member State, the European Public Prosecutor’s Office (‘the EPPO’) established by Council Regulation (EU) 2017/1939 ( 1 ), Eurojust or a third country is authorised to process in an ongoing criminal investigation related to one or more Member States, in accordance with procedural requirements and safeguards applicable under Union or national law, that a Member State, the EPPO, Eurojust or a third country submitted to Europol in support of such an ongoing criminal investigation and that contain personal data that do not relate to the categories of data subjects listed in Annex II;

(r) ‘terrorist content’ means terrorist content as defined in Article 2, point (7), of Regulation (EU) 2021/784 of the European Parliament and of the Council ( 2 );

(s) ‘online child sexual abuse material’ means online material constituting child pornography as defined in Article 2, point (c), of Directive 2011/93/EU of the European Parliament and of the Council ( 3 ) or pornographic performance as defined in Article 2, point (e), of that Directive;

(t) ‘online crisis situation’ means the dissemination of online content stemming from an ongoing or recent real world event which depicts harm to life or to physical integrity, or calls for imminent harm to life or to physical integrity, and aims to or has the effect of seriously intimidating a population, provided that there is a link, or a reasonable suspicion of a link, to terrorism or violent extremism and that the potential exponential multiplication and virality of that content across multiple online services are anticipated;

(u) ‘category of transfers of personal data’ means a group of transfers of personal data where the data relate to the same specific situation, and where the transfers consist of the same categories of personal data and the same categories of data subjects;

(v) ‘research and innovation projects’ means projects regarding matters covered by this Regulation for the development, training, testing and validation of algorithms for the development of specific tools, and other specific research and innovation projects relevant for the achievement of Europol’s objectives.

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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; (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.

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; (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 (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; (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; (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; ▼M1 (ha) provide administrative and financial support to Member States’ special intervention units as referred to in Council Decision 2008/617/JHA ( 4 ); ▼B (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); ▼M1 (j) cooperate with the Union bodies established on the basis of Title V of the TFEU, with OLAF and the European Union Agency for Cybersecurity (ENISA) established by Regulation (EU) 2019/881 of the European Parliament and of the Council ( 5 ), in particular through the exchange of information and provision of analytical support in areas that fall within their respective competences; ▼B (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; ▼M1 (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 by: (i) assisting the competent authorities of the Member States, upon their request, in responding to cyberattacks of suspected criminal origin; (ii) cooperating with competent authorities of the Member States with regard to removal orders, in accordance with Article 14 of Regulation (EU) 2021/784; and (iii) making referrals of online content to the online service providers concerned for their voluntary consideration of the compatibility of that content with their own terms and conditions; ▼M1 (r) support Member States in identifying persons whose criminal activities fall within the forms of crime listed in Annex I and who constitute a high risk for security; (s) facilitate joint, coordinated and prioritised investigations regarding persons referred to in point (r); (t) support Member States in processing data provided by third countries or international organisations to Europol on persons involved in terrorism or in serious crime and propose the possible entry by the Member States, at their discretion and subject to their verification and analysis of those data, of information alerts on third-country nationals in the interest of the Union (‘information alerts’) in the Schengen Information System (SIS), in accordance with Regulation (EU) 2018/1862 of the European Parliament and the Council ( 6 ); (u) support the implementation of the evaluation and monitoring mechanism to verify the application of the Schengen acquis under Regulation (EU) No 1053/2013, within the scope of Europol’s objectives, through the provision of expertise and analyses, where relevant; (v) proactively monitor research and innovation activities that are relevant for the achievement of Europol’s objectives and contribute to such activities by supporting related activities of Member States and by implementing its own research and innovation activities, including projects for the development, training, testing and validation of algorithms for the development of specific tools for the use by law enforcement authorities, and disseminate the results of the activities to the Member States in accordance with Article 67; (w) contribute to creating synergies between the research and innovation activities of Union bodies that are relevant for the achievement of Europol’s objectives, including through the EU Innovation Hub for Internal Security, and in close cooperation with Member States; (x) support, upon their request, Member States’ actions in addressing online crisis situations, in particular by providing private parties with the information necessary to identify relevant online content; (y) support Member States’ actions in addressing the online dissemination of online child sexual abuse material; (z) cooperate, in accordance with Article 12 of Directive (EU) 2019/1153 of the European Parliament and of the Council ( 7 ), with Financial Intelligence Units (FIUs) established pursuant to Directive (EU) 2015/849 of the European Parliament and of the Council ( 8 ), through the relevant Europol national unit or, if allowed by the relevant Member State, by direct contact with the FIUs, in particular through the exchange of information and the provision of analyses to Member States to support cross-border investigations into the money laundering activities of transnational criminal organisations and terrorist financing.

In order for a Member State to inform, within a period of 12 months after Europol has proposed the possible entry of an information alert referred to in the first subparagraph, point (t), other Member States and Europol on the outcome of the verification and analysis of the data and on whether an alert has been entered in SIS, a periodic reporting mechanism shall be put in place.

Member States shall inform Europol of any information alerts entered in SIS and of any hit on such information alerts, and may inform, through Europol, the third country or international organisation that provided the data leading to the entry of the information alert on hits on such information alert, in accordance with the procedure set out in Regulation (EU) 2018/1862.

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2. ►M1 ◄ 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, in particular in the European Multidisciplinary Platform Against Criminal Threats (EMPACT), including by facilitating and providing administrative, logistical, financial and operational support to operational and strategic activities led by Member States.

3. ►M1 ◄ 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.Europol shall also provide threat assessment analyses based on the information it holds on criminal phenomena and trends to support the Commission and the Member States in carrying out risk assessments.

4. Europol shall act as the Central Office for combating euro counterfeiting in accordance with Council Decision 2005/511/JHA ( 9 ). 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.

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4a. Europol shall assist the Member States and the Commission in identifying key research themes.

Europol shall assist the Commission in drawing up and implementing the Union framework programmes for research and innovation activities that are relevant to achieve Europol’s objectives.

Where appropriate, Europol may disseminate the results of its research and innovation activities as part of its contribution to creating synergies between the research and innovation activities of relevant Union bodies in accordance with paragraph 1, first subparagraph, point (w).

Europol shall take all necessary measures to avoid conflicts of interest. Europol shall not receive funding from a given Union framework programme where it assists the Commission in identifying key research themes and in drawing up and implementing that programme.

When designing and conceptualising research and innovation activities regarding matters covered by this Regulation, Europol may, where appropriate, consult the Joint Research Centre of the Commission.

4b. Europol shall support the Member States in the screening, as regards the expected implications for security, of specific cases of foreign direct investments into the Union under Regulation (EU) 2019/452 of the European Parliament and of the Council ( 10 ) that concern undertakings that provide technologies, including software, used by Europol for the prevention and investigation of crimes that fall within Europol’s objectives.

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

Europol staff may provide operational support to the competent authorities of the Member States during the execution of investigative measures, at their request and in accordance with their national law, in particular by facilitating cross-border information exchange, by providing forensic and technical support and by being present during the execution of those measures. Europol staff shall not, themselves, have the power to execute investigative measures.

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5a. Europol shall respect the fundamental rights and freedoms enshrined in the Charter of Fundamental Rights of the European Union (‘the Charter’), in the performance of its tasks.

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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.

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1a. Without prejudice to paragraph 1, where the Executive Director considers that a criminal investigation should be initiated into a specific crime which concerns only one Member State but affects a common interest covered by a Union policy, he or she may propose to the competent authorities of the Member State concerned, via its national unit, to initiate, conduct or coordinate such a criminal investigation.

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2. The national units shall inform Europol, with regard to any request made pursuant to paragraph 1, or the Executive Director, with regard to any proposal made pursuant to paragraph 1a, of the decision of the competent authorities of the Member States, without undue delay.

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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 (b) jeopardise the success of an ongoing investigation or the safety of an individual.

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4. Europol shall immediately inform Eurojust and, where relevant, the EPPO, of any request made pursuant to paragraph 1, of any proposal made pursuant to paragraph 1a and of any decision of a competent authority of a Member State pursuant to paragraph 2.

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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; (b) ensure effective communication and cooperation of all relevant competent authorities with Europol; (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.

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; (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.

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.

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8. Each Member State shall ensure that its FIU, within the limits of its mandate and competence and subject to national procedural safeguards, is entitled to reply to duly justified requests that are made by Europol in accordance with Article 12 of Directive (EU) 2019/1153 regarding financial information and financial analyses, either via its national unit or, if allowed by that Member State, by direct contact between the FIU and Europol.

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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;

(b) an Executive Director;

(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: ▼M1 (a) adopt each year, by a majority of two-thirds of its members and in accordance with Article 12 of this Regulation, a single programming document as referred to in Article 32 of Commission Delegated Regulation (EU) 2019/715 ( 11 ); ▼B (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; (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; (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’); (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; (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; (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; (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; (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; (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; (t) adopt its rules of procedure, including provisions concerning the tasks and the functioning of its secretariat; (u) adopt, where appropriate, other internal rules; ▼M1 (v) designate the Fundamental Rights Officer referred to in Article 41c; (w) specify the criteria on the basis of which Europol may issue the proposals for possible entry of information alerts in SIS. ▼B

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

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1. The Management Board shall, by 30 November of each year, adopt a single programming 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 Joint Parliamentary Scrutiny Group (JPSG).

Where the Management Board decides not to take into account the opinion of the Commission referred to in the first subparagraph, in whole or in part, Europol shall provide a thorough justification.

Where the Management Board decides not to take into account any of the matters raised by the JPSG in accordance with Article 51(2), point (c), Europol shall provide a thorough justification.

Once the single programming document has been adopted, the Management Board shall forward it to the Council, the Commission and the JPSG.

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2. ►M1 ◄ 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 establishment plan. It shall include the strategy for relations with third countries and international organisations and Europol’s planned research and innovation activities.

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.

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4. The Management Board may invite any person whose opinion may be relevant for the discussion to attend its meeting as a non-voting observer.

Two representatives of the JPSG shall be invited to attend two ordinary meetings of the Management Board per year as non-voting observers to discuss the following matters of political interest:

(a) the consolidated annual activity report referred to in Article 11(1), point (c), for the previous year;

(b) the single programming document referred to in Article 12 for the following year and the annual budget;

(c) JPSG written questions and answers;

(d) external relations and partnership matters.

The Management Board, together with the representatives of the JPSG, may determine other matters of political interest to be discussed at the meetings referred to in the first subparagraph.

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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.

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3. The Council or the JPSG may invite the Executive Director to report on the performance of his or her duties.

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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; (b) making proposals to the Management Board as regards the establishment of Europol's internal structures; (c) implementing decisions adopted by the Management Board; ▼M1 (d) preparing the draft single programming document referred to in Article 12 and submitting it to the Management Board, after having consulted the Commission and the JPSG; ▼B (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; (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; (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; (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; (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; (o) informing the Management Board on a regular basis regarding the implementation of Union strategic and operational priorities for fighting crime; ▼M1 (oa) informing the Management Board of the memoranda of understanding signed with private parties; ▼B (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; (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.

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; (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; (c) operational analyses; ▼M1 (d) facilitating the exchange of information between Member States, Europol, other Union bodies, third countries, international organisations and private parties; ▼M1 (e) research and innovation projects; (f) supporting Member States, upon their request, in informing the public about suspects or convicted individuals who are wanted on the basis of a national judicial decision relating to a crime that falls within Europol’s objectives, and facilitating the provision by the public of information on those individuals to the Member States and Europol. ▼B

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; (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.

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3a. If necessary to achieve the objectives of Europol’s research and innovation projects, the processing of personal data for that purpose shall be carried out only in the context of Europol’s research and innovation projects with clearly defined purposes and objectives, and shall be in accordance with Article 33a.

▼B

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.

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5. Without prejudice to Article 8(4), Article 18(2), point (e), Article 18a, and data processing pursuant to Article 26(6c), where Europol’s infrastructure is used for bilateral exchanges of personal data and Europol has no access to the content of the data, categories of personal data and categories of data subjects whose data may be collected and processed for the purposes of paragraph 2 of this Article are listed in Annex II.

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5a. In accordance with Article 73 of Regulation (EU) 2018/1725 of the European Parliament and of the Council ( 12 ), Europol shall, where applicable and as far as possible, make a clear distinction between the personal data that relate to the different categories of data subjects listed in Annex II.

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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 time limit for the processing of such data shall not exceed six months from the receipt of those data.

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6a. Prior to the processing of data pursuant to paragraph 2 of this Article, where strictly necessary for the sole purpose of determining whether personal data are in compliance with paragraph 5 of this Article, Europol may temporarily process personal data that have been provided to it pursuant to Article 17(1) and (2), including by checking those data against all data that Europol already processes in accordance with paragraph 5 of this Article.

Europol shall process personal data pursuant to the first subparagraph for a period of up to 18 months from the moment Europol ascertains that those data fall within its objectives or, in justified cases, for a longer period where necessary for the purpose of this Article. Europol shall inform the EDPS of any extension of the processing period. The maximum period of data processing pursuant to the first subparagraph shall be three years. Such personal data shall be kept functionally separate from other data.

Where Europol concludes that personal data referred to in the first subparagraph of this paragraph are not in compliance with paragraph 5, Europol shall delete those data and inform, where relevant, the provider of those deleted data accordingly.

6b. The Management Board, acting on a proposal from the Executive Director, after consulting the EDPS and having due regard to the principles referred to in Article 71 of Regulation (EU) 2018/1725, shall specify the conditions relating to the processing of the data referred to in paragraphs 6 and 6a of this Article, in particular with respect to the provision of, access to and the use of those data, as well as the time limits for the storage and deletion of such data, which shall not exceed those set out in paragraphs 6 and 6a of this Article.

▼B

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).

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Article 18a

Processing of personal data in support of a criminal investigation

1. Where necessary for the support of an ongoing specific criminal investigation within the scope of Europol’s objectives, Europol may process personal data that do not relate to the categories of data subjects listed in Annex II where: (a) a Member State, the EPPO or Eurojust provides investigative data to Europol pursuant to Article 17(1), points (a) or (b), and requests Europol to support that investigation: (i) by way of operational analysis pursuant to Article 18(2), point (c); or (ii) in exceptional and duly justified cases, by way of cross-checking pursuant to Article 18(2), point (a); (b) Europol assesses that it is not possible to carry out the operational analysis pursuant to Article 18(2), point (c), or the cross-checking pursuant to Article 18(2), point (a), in support of that investigation without processing personal data that do not comply with Article 18(5).

The results of the assessment referred to in the first subparagraph, point (b), shall be recorded and sent to the EDPS for information when Europol ceases to support the investigation referred to in the first subparagraph.

2. Where the Member State referred to in paragraph 1, first subparagraph, point (a), is no longer authorised to process the data in the ongoing specific criminal investigation referred to in paragraph 1 in accordance with procedural requirements and safeguards under its applicable national law, it shall inform Europol.

Where the EPPO or Eurojust provides investigative data to Europol and it is no longer authorised to process the data in the ongoing specific criminal investigation referred to in paragraph 1 in accordance with procedural requirements and safeguards applicable under Union and national law, it shall inform Europol.

3. Europol may process investigative data in accordance with Article 18(2) for as long as it supports the ongoing specific criminal investigation for which the investigative data were provided in accordance with paragraph 1, first subparagraph, point (a), of this Article, and only for the purpose of supporting that investigation.

4. Europol may store the investigative data provided in accordance with paragraph 1, first subparagraph, point (a), and the outcome of its processing of those data beyond the processing period set out in paragraph 3, upon request of the provider of those investigative data, for the purpose of ensuring the veracity, reliability and traceability of the criminal intelligence process, and only for as long as the judicial proceedings concerning the specific criminal investigation for which those data were provided are ongoing.

The providers of investigative data referred to in paragraph 1, first subparagraph, point (a), or, with their agreement, a Member State in which judicial proceedings concerning a related criminal investigation are ongoing, may request Europol to store the investigative data and the outcome of its operational analysis of those data beyond the processing period set out in paragraph 3 for the purpose of ensuring the veracity, reliability and traceability of the criminal intelligence process, and only for as long as judicial proceedings concerning a related criminal investigation are ongoing in that other Member State.

5. Without prejudice to the processing of personal data under Article 18(6a), personal data that do not relate to the categories of data subjects listed in Annex II shall be kept functionally separate from other data and shall only be processed where necessary and proportionate for the purposes of paragraphs 3, 4 and 6 of this Article.

The Management Board, acting on a proposal from the Executive Director and after consulting the EDPS, shall specify the conditions relating to the provision and processing of personal data in accordance with paragraphs 3 and 4.

6. Paragraphs 1 to 4 of this Article shall also apply where personal data are provided to Europol by a third country as referred to in Article 25(1), point (a), (b) or (c), or in Article 25(4a), and that third country provides investigative data to Europol for operational analysis that contributes to the specific criminal investigation in one or more Member States that Europol supports, provided that the third country obtained the data in the context of a criminal investigation in accordance with procedural requirements and safeguards applicable under its national criminal law.

Where a third country provides investigative data to Europol in accordance with the first subparagraph, the Data Protection Officer may, where appropriate, notify the EDPS thereof.

Europol shall verify that the amount of personal data referred to in the first subparagraph is not manifestly disproportionate in relation to the specific criminal investigation in the Member State concerned. Where Europol concludes that there is an indication that such data are manifestly disproportionate or were collected in obvious violation of fundamental rights, Europol shall not process the data and delete them.

Personal data processed pursuant to this paragraph shall be accessed by Europol only where necessary for the support of the specific criminal investigation for which they were provided. Those personal data shall be shared only within the Union.

▼B

Article 19

Determination of the purpose of, and restrictions on, the processing of information by Europol

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1. A Member State, a Union body, a third country or an international organisation that provides information to Europol shall determine the purpose or purposes for which that information is to be processed, in accordance with Article 18.

Where a provider of information referred to in the first subparagraph has not complied with that subparagraph, 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 shall process information for a purpose different from that for which information has been provided only if authorised to do so by the provider of the information.

Information provided for the purposes referred to in Article 18(2), points (a) to (d), may also be processed by Europol for the purpose of Article 18(2), point (e), in accordance with Article 33a.

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, transmission, 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.

▼B

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.

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2a. In the framework of operational analysis projects referred to in Article 18(3) and subject to the rules and safeguards for personal data processing set out in this Regulation, Member States may determine information to be made directly accessible by Europol to selected other Member States for joint operational analysis in specific investigations, without prejudice to any restrictions indicated pursuant to Article 19(2), and in accordance with the procedures set out in the guidelines referred to in Article 18(7).

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3. In accordance with national law, the information referred to in paragraphs 1, 2 and 2a shall be accessed and further processed by Member States only for the purpose of preventing, detecting, investigating and prosecuting: ▼B (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 ( 13 ).

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.

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Article 20a

Relations with the European Public Prosecutor’s Office

1. Europol shall establish and maintain a close relationship with the EPPO. In the framework of that relationship, Europol and the EPPO shall act within their respective mandate and competences. To that end, they shall conclude a working arrangement setting out the modalities of their cooperation.

2. Upon request by the EPPO in accordance with Article 102 of Regulation (EU) 2017/1939, Europol shall support the investigations of the EPPO and cooperate with it, by providing information and analytical support, until the EPPO determines whether to prosecute or otherwise dispose of the case.

3. In order to provide information to the EPPO under paragraph 2 of this Article, Europol shall take all appropriate measures to enable the EPPO to have indirect access on the basis of a hit/no hit system to data related to offences that fall within the EPPO’s competence, provided for the purposes of Article 18(2), points (a), (b) and (c). That hit/no hit system shall notify only Europol in the case of a hit and without prejudice to any restrictions indicated pursuant to Article 19(2) by the providers of information referred to in Article 19(1).

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 referred to in Article 19(1), and only to the extent that the data generating the hit are relevant for the request submitted pursuant to paragraph 2 of this Article.

4. Europol shall, without undue delay, report to the EPPO any criminal conduct in respect of which the EPPO could exercise its competence in accordance with Article 22 and Article 25(2) and (3) of Regulation (EU) 2017/1939 and without prejudice to any restrictions indicated pursuant to Article 19(2) of this Regulation by the provider of the information.

Where Europol reports to the EPPO under the first subparagraph, it shall notify the Member States concerned without delay.

Where information concerning criminal conduct in respect of which the EPPO could exercise its competence has been provided to Europol by a Member State that indicated restrictions on the use of that information pursuant to Article 19(2) of this Regulation, Europol shall notify the EPPO of the existence of those restrictions and refer the matter to the Member State concerned. The Member State concerned shall engage directly with the EPPO in order to comply with Article 24(1) and (4) of Regulation (EU) 2017/1939.

▼B

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.

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8. If, while processing information in respect of a specific criminal investigation or a specific project, Europol identifies information relevant to possible illegal activity affecting the financial interest of the Union, Europol shall provide OLAF without delay with that information without prejudice to any restrictions indicated pursuant to Article 19(2) by the Member State that provided the information.

Where Europol provides OLAF with information under the first subparagraph, it shall notify the Member States concerned without delay.

▼B

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.

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7. Onward transfers of personal data held by Europol by Member States, Union bodies, third countries, international organisations or private parties shall be prohibited, unless Europol has given its prior explicit authorisation.

▼B

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

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Transmission, transfer and exchange of personal data

Article 24

Transmission of personal data to Union bodies

1. Europol shall only transmit personal data to a Union body in accordance with Article 71(2) of Regulation (EU) 2018/1725, subject to any restrictions pursuant to this Regulation and without prejudice to Article 67 of this Regulation, if those data are necessary and proportionate for the legitimate performance of tasks of the recipient Union body.

2. Following a request for the transmission of personal data from another Union body, Europol shall verify the competence of the other Union body. Where Europol is unable to confirm that the transmission of the personal data is necessary in accordance with paragraph 1, Europol shall seek further information from the requesting Union body.

The requesting Union body shall ensure that the necessity of the transmission of the personal data can be verified.

3. The recipient Union body shall process the personal data referred to in paragraphs 1 and 2 only for the purposes for which they were transmitted.

▼B

Article 25

Transfer of personal data to third countries and international organisations

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1. Subject to any restrictions indicated pursuant to Article 19(2) or (3) and without prejudice to Article 67, Europol may transfer personal data to competent authorities of a third country or to an international organisation, provided that 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, a territory or one or more specified sectors within that third country, or the international organisation in question ensures an adequate level of protection (‘adequacy decision’); ▼B (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.

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.

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▼B

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).

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4a. In the absence of an adequacy decision, the Management Board may authorise Europol to transfer personal data to a competent authority of a third country or to an international organisation where: (a) appropriate safeguards with regard to the protection of personal data are provided for in a legally binding instrument; or (b) Europol has assessed all the circumstances surrounding the transfer of personal data and has concluded that appropriate safeguards exist with regard to the protection of personal data.

▼B

5. ►M1 By way of derogation from paragraph 1, the Executive Director may, in duly justified cases, authorise the transfer or a category of transfers of personal data to a competent authority of a third country or to an international organisation on a case-by-case basis if the transfer, or the category of transfers is: ◄ (a) necessary in order to protect the vital interests of the data subject or of another person; ▼M1 (b) necessary to safeguard legitimate interests of the data subject; ▼B (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 (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.

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8. Europol shall inform the EDPS about categories of transfers under paragraph 4a, point (b). Where a transfer is made in accordance with paragraph 4a or 5, such a transfer shall be documented and the documentation shall be made available to the EDPS on request. The documentation shall include a record of the date and time of the transfer, and information about the competent authority referred to in this Article, about the justification for the transfer and about the personal data transferred.

▼B

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; (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 ▼M1 (c) an authority of a third country or an international organisation as referred to in Article 25(1), point (a), (b) or (c), or in Article 25(4a).

2. Where Europol receives personal data directly from private parties, it may process those personal data in accordance with Article 18 in order to identify the national units concerned, as referred to in paragraph 1, point (a), of this Article. Europol shall forward the personal data and any relevant results from the necessary processing of those data for the purpose of establishing jurisdiction immediately to the national units concerned. Europol may forward the personal data and relevant results from the necessary processing of those data for the purpose of establishing jurisdiction, in accordance with Article 25, to contact points and authorities concerned, as referred to in paragraph 1, points (b) and (c), of this Article. If Europol cannot identify any national units concerned, or has already forwarded the relevant personal data to all the identified respective national units concerned and it is not possible to identify further national units concerned, it shall erase the data, unless the national unit, contact point or authority concerned resubmits the personal data to Europol in accordance with Article 19(1) within four months after the transmission or transfer takes place.

Criteria as to whether the national unit of the Member State of establishment of the relevant private party constitutes a national unit concerned shall be set out in the guidelines referred to in Article 18(7).

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2a. Any cooperation by Europol with private parties shall neither duplicate nor interfere with the activities of Member States’ FIUs, and shall not concern information that is to be provided to FIUs for the purposes of Directive (EU) 2015/849.

▼B

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).

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4. Where Europol receives personal data from a private party established in a third country, Europol shall forward those data and the results of its analysis and verification of those data only to a Member State, or to a third country concerned as referred to in Article 25(1), point (a), (b) or (c), or in Article 25(4a).

Without prejudice to the first subparagraph of this paragraph, Europol may transfer the results referred to in the first subparagraph of this paragraph to the third country concerned pursuant to Article 25(5) or (6).

5. Europol shall not transmit or transfer personal data to private parties, except in the following cases and provided that such transmission or transfer is strictly necessary and proportionate, to be determined on a case by case basis: (a) the transmission or transfer is undoubtedly in the interests of the data subject; (b) the transmission or transfer is strictly necessary in the interests of preventing the imminent perpetration of a crime, including terrorism, that falls within Europol’s objectives; (c) the transmission or transfer of personal data that are publicly available is strictly necessary for the performance of the task referred to in Article 4(1), point (m), and the following conditions are met: (i) the transmission or transfer concerns an individual and specific case; (ii) the fundamental rights and freedoms of the data subjects concerned do not override the public interest that requires those personal data be transmitted or transferred in the case concerned; or (d) the transmission or transfer is strictly necessary for Europol to notify that private party that the information received is insufficient to enable Europol to identify the national units concerned, and the following conditions are met: (i) the transmission or transfer follows a receipt of personal data directly from a private party in accordance with paragraph 2; (ii) the missing information, which Europol may refer to in its notification, has a clear link with the information previously shared by that private party; (iii) the missing information, which Europol may refer to in its notification, is strictly limited to what is necessary for Europol to identify the national units concerned. The transmission or transfer referred to in the first subparagraph of this paragraph is subject to any restrictions indicated pursuant to Article 19(2) or (3) and is without prejudice to Article 67.

6. With regard to paragraph 5, points (a), (b) and (d), of this Article, if the private party concerned is not established within the Union or in a third country as referred to in Article 25(1), point (a), (b) or (c), or in Article 25(4a), the transfer shall only be authorised by the Executive Director if the transfer is: (a) necessary in order to protect the vital interests of the data subject concerned or of another person; (b) necessary in order to safeguard legitimate interests of the data subject concerned; (c) essential for the prevention of an immediate and serious threat to 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 a specific crime that falls within Europol’s objectives; 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 that falls within Europol’s objectives.

Personal data shall not be transferred if the Executive Director determines that the fundamental rights and freedoms of the data subject concerned override the public interest that requires the transfer referred to in the first subparagraph, points (d) and (e), of this paragraph.

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6a. Without prejudice to paragraph 5, points (a), (c) and (d), of this Article and other Union legal acts, transfers or transmissions of personal data under paragraphs 5 and 6 shall not be systematic, massive or structural.

6b. Europol may request Member States, via their national units, to obtain, in accordance with their national law, personal data from private parties which are established or have a legal representative in their territory, for the purpose of sharing those data with Europol. Such requests shall be reasoned and as precise as possible. Such personal data shall be the least sensitive possible and strictly limited to what is necessary and proportionate for the purpose of enabling Europol to identify the national units concerned.

Notwithstanding the jurisdiction of Member States over a specific crime, Member States shall ensure that their competent authorities can process the requests referred to in the first subparagraph in accordance with their national law for the purpose of supplying Europol with the information necessary for it to identify the national units concerned.

6c. Europol’s infrastructure may be used for exchanges between the competent authorities of the Member States and private parties in accordance with the respective national law. Those exchanges may also cover crimes that do not fall within Europol’s objectives.

Where Member States use Europol’s infrastructure for the exchange of personal data on crimes that fall within Europol’s objectives, they may grant Europol access to such data.

Where Member States use Europol’s infrastructure for the exchange of personal data on crimes that do not fall within Europol’s objectives, Europol shall not have access to those data and shall be considered to be a processor in accordance with Article 87 of Regulation (EU) 2018/1725.

Europol shall assess the security risks posed by allowing the use of its infrastructure by private parties and, where necessary, implement appropriate preventive and mitigating measures.

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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.

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11. Europol shall prepare an annual report for the Management Board on the personal data exchanged with private parties pursuant to Articles 26, 26a and 26b, on the basis of quantitative and qualitative evaluation criteria established by the Management Board.

The annual report shall include specific examples demonstrating why Europol’s requests in accordance with paragraph 6b of this Article were necessary to achieve its objectives and carry out its tasks.

The annual report shall take into account the obligations of discretion and confidentiality and the examples shall be anonymised insofar as personal data are concerned.

The annual report shall be sent to the European Parliament, the Council, the Commission and national parliaments.

Article 26a

Exchange of personal data with private parties in online crisis situations

1. In online crisis situations, Europol may receive personal data directly from private parties and process those personal data in accordance with Article 18.

2. Where Europol receives personal data from a private party established in a third country, Europol shall forward those data and the results of its analysis and verification of those data only to a Member State, or to a third country concerned as referred to in Article 25(1), point (a), (b) or (c), or in Article 25(4a).

Europol may transfer the results of its analysis and verification of the data referred to in paragraph 1 of this Article to the third country concerned pursuant to Article 25(5) or (6).

3. Europol may transmit or transfer personal data to private parties, on a case-by-case basis, subject to any restrictions indicated pursuant to Article 19(2) or (3) and without prejudice to Article 67, where the transmission or transfer of such data is strictly necessary for addressing online crisis situations and the fundamental rights and freedoms of the data subjects concerned do not override the public interest that requires those personal data be transmitted or transferred.

4. Where the private party concerned is not established within the Union or in a third country as referred to in Article 25(1), point (a), (b) or (c), or in Article 25(4a), the transfer shall require authorisation by the Executive Director.

5. Europol shall assist, exchange information and cooperate with the competent authorities of the Member States with regard to the transmission or transfer of personal data to private parties under paragraph 3 or 4, in particular to avoid duplication of effort, enhance coordination and avoid interference with investigations in different Member States.

6. Europol may request Member States, via their national units, to obtain, in accordance with their national law, personal data from private parties which are established or have a legal representative in their territory, for the purpose of sharing those data with Europol. Such requests shall be reasoned and as precise as possible. Such personal data shall be the least sensitive possible and strictly limited to what is necessary and proportionate for the purpose of enabling Europol to support Member States in addressing online crisis situations.

Notwithstanding the jurisdiction of Member States with regard to the dissemination of the content in relation to which Europol requests the personal data, Member States shall ensure that their competent authorities can process the requests referred to in the first subparagraph in accordance with their national law for the purpose of supplying Europol with the information necessary for it to achieve its objectives.

7. Europol shall ensure that detailed records of all transfers of personal data and the grounds for such transfers are kept in accordance with this Regulation. Upon request of the EDPS, Europol shall make those records available to the EDPS pursuant to Article 39a.

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.

Article 26b

Exchange of personal data with private parties to address the online dissemination of online child sexual abuse material

1. Europol may receive personal data directly from private parties and process those personal data in accordance with Article 18 to address the online dissemination of online child sexual abuse material, as referred to in Article 4(1), point (y).

2. Where Europol receives personal data from a private party established in a third country, Europol shall forward those data and the results of its analysis and verification of those data only to a Member State, or to a third country concerned as referred to in Article 25(1), point (a), (b) or (c), or in Article 25(4a).

Europol may transfer the results of its analysis and verification of the data referred to in the first subparagraph of this paragraph to the third country concerned pursuant to Article 25(5) or (6).

3. Europol may transmit or transfer personal data to private parties, on a case-by-case basis, subject to any restrictions indicated pursuant to Article 19(2) or (3) and without prejudice to Article 67, where the transmission or transfer of such data is strictly necessary for addressing the online dissemination of online child sexual abuse material, as referred to in Article 4(1), point (y), and the fundamental rights and freedoms of the data subjects concerned do not override the public interest that requires those personal data be transmitted or transferred.

4. Where the private party concerned is not established within the Union or in a third country as referred to in Article 25(1), point (a), (b) or (c), or in Article 25(4a), the transfer shall require authorisation by the Executive Director.

5. Europol shall assist, exchange information and cooperate with the competent authorities of the Member States with regard to the transmission or transfer of personal data to private parties under paragraphs 3 or 4, in particular to avoid duplication of effort, enhance coordination and avoid interference with investigations in different Member States.

6. Europol may request Member States, via their national units, to obtain, in accordance with their national law, personal data from private parties which are established or have a legal representative in their territory, for the purpose of sharing those data with Europol. Such requests shall be reasoned and as precise as possible. Such personal data shall be the least sensitive possible and strictly limited to what is necessary and proportionate for the purpose of enabling Europol to address the online dissemination of online child sexual abuse material, as referred to Article 4(1), point (y).

Notwithstanding the jurisdiction of Member States with regard to the dissemination of the content in relation to which Europol requests the personal data, Member States shall ensure that the competent authorities of the Member States can process the requests referred to in the first subparagraph in accordance with their national law for the purpose of supplying Europol with the information necessary for it to achieve its objectives.

7. Europol shall ensure that detailed records of all transfers of personal data and the grounds for such transfers are kept in accordance with this Regulation. Upon request of the EDPS, Europol shall make those records available to the EDPS pursuant to Article 39a.

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.

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Article 27

Information from private persons

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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 shall only be processed by Europol provided that they are received via:

(a) a national unit in accordance with national law;

(b) the contact point of a third country or an international organisation pursuant to Article 25(1), point (c); or

(c) an authority of a third country or an international organisation as referred to in Article 25(1), point (a) or (b), or in Article 25(4a).

2. Where Europol receives information, including personal data, from a private person residing in a third country other than that referred to in Article 25(1), points (a) or (b), or in Article 25(4a), Europol shall forward that information only to a Member State or to such third country.

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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

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DATA PROTECTION

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Article 27a

Processing of personal data by Europol

1. Without prejudice to this Regulation, Article 3 and Chapter IX of Regulation (EU) 2018/1725 shall apply to the processing of personal data by Europol.

Regulation (EU) 2018/1725, with the exception of Chapter IX, shall apply to the processing of administrative personal data by Europol.

2. References to ‘personal data’ in this Regulation shall be understood as references to ‘operational personal data’ as defined in Article 3, point (2), of Regulation (EU) 2018/1725, unless otherwise provided for in this Regulation.

3. The Management Board shall adopt rules to determine the time limits for the storage of administrative personal data.

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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; (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; (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; (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; (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. ►M1 ◄ The selection of a particular group of persons solely on the basis of such personal data shall be prohibited. 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 the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, or data concerning health or concerning natural persons’ sex life or sexual orientation shall be allowed only where strictly necessary and proportionate for the purposes of research and innovation projects pursuant to Article 33a and for operational purposes, within Europol’s objectives, and only for preventing or combating crime that falls within Europol’s objectives. Such processing shall also be subject to appropriate safeguards laid down in this Regulation with regard to the rights and freedoms of the data subject, and, with the exception of biometric data processed for the purpose of uniquely identifying a natural person, shall be allowed only 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.

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2a. The Data Protection Officer shall be informed without undue delay in the case of processing of personal data pursuant to this Article.

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3. Only Europol shall have direct access to personal data referred to in paragraphs 1 and 2. The Executive Director shall duly authorise a limited number of Europol staff to have such access if it is necessary for the performance of their tasks.

Notwithstanding the first subparagraph, where it is necessary to grant staff of the competent authorities of the Member States or Union agencies established on the basis of Title V of the TFEU direct access to personal data for the performance of their tasks, in the cases provided for in Article 20(1) and (2a) of this Regulation or for research and innovation projects in accordance with Article 33a(2), point (d), of this Regulation, the Executive Director shall duly authorise a limited number of such staff to have such access.

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5. Personal data as referred to in paragraphs 1 and 2 shall not be transmitted to Member States or Union bodies, or transferred to third countries or international organisations, unless such transmission or transfer is required under Union law or strictly necessary and proportionate in individual cases concerning crimes that fall within Europol’s objectives and in accordance with Chapter V.

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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