EN Official Journal of the European Union C 72/32

DECISION OF THE MANAGEMENT BOARD

of 20 March 2007

laying down the rules governing the arrangements on the association of third parties' experts with the activities of analysis groups

(2007/C 72/15)

THE MANAGEMENT BOARD OF EUROPOL,

Having regard to the Convention on the establishment of a European Police Office (Europol Convention), as amended by the Council Act of 27 November 2003 drawing up, on the basis of Article 43(1) of the Convention on the Establishment of a European Police Office, a Protocol amending that Convention (1), and in particular Article 10(9) thereof,

Having regard to the opinion issued by the Joint Supervisory Body,

Whereas it is for the Management Board, acting by a majority of two thirds of its members, to determine the rules governing the arrangements to which the association of third parties' experts with the activities of an analysis group are subject,

HAS ADOPTED THE FOLLOWING DECISION:

Article 1

Definitions

For the purposes of the present Decision:

(a) ‘analysis group ’means the group associating the participants to an analysis project, as mentioned in Article 10(2) of the Europol Convention;

(b) ‘arrangement ’means an agreement, concluded between Europol and a third party, regulating the association of the latter to the activities of an analysis group;

(c) ‘association ’of third party's experts to the activities of an analysis group means that these experts shall be entitled to attend analysis group's meetings, to be informed by Europol, upon request, of the development of the concerned analysis work file and to receive and further disseminate, in accordance with the applicable legal requirements, analysis results which concern the third party they represent;

(d) ‘third part ’means a third State or body as referred to in Article 10(4) of the Europol Convention.

Article 2

Invitation to be associated to the activities of an analysis group

Europol may invite experts of a third party with which an agreement containing appropriate provisions on the exchange of information, including the transmission of personal data, as well as on the confidentiality of exchanged information, is in force to be associated with the activities of an analysis group. Such an invitation must be made with the unanimous approval of the analysis group's participants.

Article 3

Arrangements

1. The association of third parties' experts shall be regulated by arrangements concluded between Europol and third parties. These arrangements, which shall be based on the model laid down in the Annex to the present Decision, will be communicated to the Joint Supervisory Body. Participants of the analysis group shall be consulted should Europol intend to deviate from the model arrangement.

2. The arrangements shall provide that associated third party's experts will be entitled to:

(a) attend analysis group meetings, and

(b) be informed by Europol, upon request, of the development of the concerned analysis work file, and

(c) receive analysis results which concern the third party they represent; such dissemination shall take place in accordance with Articles 17(2) and 18(4) of the Europol Convention, with the relevant provisions of the cooperation and confidentiality agreements, with Article 5(5) of the Council Act of 12 March 1999 adopting the rules governing the transmission of personal data by Europol to third States and third bodies (2), and with the prior consent of the Member State which communicated the concerned data; and

(d) further disseminate the analysis results, only with the prior agreement of the concerned participants and in compliance with the relevant provisions of the cooperation and confidentiality agreements.

3. The arrangements shall provide for their termination upon notification by either the associated third party or by Europol, which shall only act after the agreement of the participants of the analysis group. Should no agreement be reached between the participants, Europol shall notify the termination of the arrangement upon request of one participant, and inform the Management Board thereof.

Article 4

Entry into force

The present Decision shall enter into force on 19 April 2007.

Done at The Hague on 20 March 2007. Hans-Jürgen FÖRSTER Chairman of the Management Board

(1) OJ C 2, 6.1.2004, p. 1.

(2) OJ C 88, 30.3.1999, p. 1. Act, as amended by the Council Act of 28 February 2002 (OJ C 78, 27.3.2002, p. 1).