Council Act of 3 November 1998 laying down rules governing Europol's external relations with third States and non-European Union related bodies
Date: 1998-11-03
Institutions: Council of the European Union
Subjects: Europol, foreign policy, third country

30.1.1999

EN

Official  Journal  of  the  European  Communities

C 26/19

COUNCIL  ACT

of  3  November  1998

laying  down  rules  governing  Europol’s  external  relations  with  third  States  and  non-European
Union  related  bodies

(1999/C 26/04)

THE  COUNCIL  OF  THE  EUROPEAN  UNION,

Having regard to the Convention based on Article K.3 of
the Treaty on European Union, on the establishment of a
European  Police  Office  (Europol  Convention) (1),  and  in
particular  Article  42(2)  thereof,

Having  regard  to  the  opinion  of  the  Management
Board,

Whereas it is for the Council, acting unanimously, to lay
down  rules  governing  Europol’s  external  relations  with
third  States  and  non-European  Union  related  bodies;

Having regard to the declaration concerning Article 42 of
the  Europol  Convention,  made  on 
that
Convention,  that  Europol  should  as  a  matter  of  priority
establish  relations  with  the  competent  bodies  of  those
States  with  which  the  European  Communities  and  their
Member  States  have  established  a  structural  dialogue,

signing 

HAS  ADOPTED  THE  FOLLOWING  RULES:

Article  1

Definitions

Article  2

Agreements

Europol  may  conclude  agreements  with  third  States

1.
and  non-European  Union  related  bodies.

The  Council  shall  unanimously  determine  the  third
2.
States  or  non-European  Union  related  bodies  with  which
agreements  are  to  be  negotiated.

3.
The  Director  of  Europol  shall,  after  consulting  the
Management  Board  and  after  authorisation  by  the
Council,  enter  into  negotiations  on  such  agreements.  In
reaching  the  decision  on  the  authorisation  the  Council
may  impose  conditions.  Such  an  agreement  can  only  be
concluded  after  unanimous  approval  by  the  Council.

Article  3

Liaison  officers

An  agreement  is  essential  for  the  secondment  of  liaison
officers  of  Europol  to  third  States  and  non-European
Union  related  bodies  and  for  the  secondment  to  Europol
of  liaison  officers  from  third  States  and  non-European
Union  related  bodies.  Such  an  agreement  shall  stipulate
the  conditions 
functions
for  secondment  and 
allocated  to  the  liaison  officers.

the 

For  the  purpose  of  these  rules:

Article  4

‘third  States’  means  States  that  are  not  Member
States  of  the  European  Union  as  referred  to  in
Article  10(4)(4)  of  the  Europol  Convention;

Missions by Europol staff and the reception of high-level
officials

‘non-European  Union  related  bodies’  means  the
bodies referred to in Article 10(4), (5), (6) and (7), of
the  Europol  Convention;

‘agreement’  means  an  agreement  concluded  for  the
purpose  of  achieving  the  objectives  referred  to  in
Article  2  of  the  Europol  Convention;

The  Director  of  Europol  shall  report  to  the
1.
chairman  of  the  Management  Board  in  advance  on
journeys  on  official  business  (hereinafter  referred  to  as
‘missions’)  made  by  Europol  staff  to  third  States  or
non-European  Union  related  bodies  and  on  visits  to
Europol  of  high-level  officials  from  a  third  State  or  a
non-European  Union  related  bodies.

‘Europol staff’ means the Director, Deputy Directors
and  the  employees  of  Europol  as  referred  to  in
Article  30  of  the  Europol  Convention.

(1) OJ  C  316,  27.11.1995,  p.  1.

2. Where  an  agreement  has  been  concluded,  the
Management Board may decide that it is not necessary to
give  prior  notice  of  missions  by  Europol  staff  to  the
relevant  third  States  or  non-European  Union  related
bodies.

(a)

(b)

(c)

(d)

C 26/20

EN

Official  Journal  of  the  European  Communities

30.1.1999

3. Missions  by  Europol  staff  to  third  States  and
non-European Union related bodies and visits to Europol
by  high-level  officials 
and
non-European  Union  related  bodies  with  which  no
agreement  has  been  concluded  shall  only  take  place  after
authorisation  by  the  chairman  of  the  Management
Board.

States 

third 

from 

Article  5

Regular  meetings

The  Director  of  Europol  may,  with  the  unanimous
1.
approval  of  the  Management  Board,  establish  regular
meetings  with  third  States  and  non-European  Union
related  bodies.

2. Where  an  agreement  provides  for  regular  meetings,
the  approval  of  the  Management  Board  is  no  longer
necessary.

Article  6

Provision  of  information  to  the  Management  Board  and
the  Council

The  Director  of  Europol  shall  regularly  report  to  the
Management  Board  and  to  the  Council  on  Europol’s
external  relations  with  third  States  and  non-European
Union  related  bodies.  The  general  report  on  Europol’s
activities (Article 28(10) of the Europol Convention) shall
cover  this  matter.

Article  8

Exchange  of  information

1.
These  rules  shall  be  without  prejudice  to  the  rules
concerning  the  transmission  of  personal  data  by  Europol
to  third  States  and  third  bodies,  the  rules  on  the
confidentiality  of  Europol’s  information  and  the  rules
concerning  the  receipt  of  information  by  Europol  from
third  parties.

2. (a) For the purpose of fulfilling the objectives set out
in  Article  2  of  the  Europol  Convention,  Europol
may  transmit  to  third  States  and  non-European
the
Union 
non-personal  data  subject  to  the  basic  protection
level  as  set  out  in  Article  8(1)  of  the  rules  on  the
confidentiality  of  Europol’s  information,  if:

related  bodies  not 

linked 

to 

— an  agreement  has  been  concluded  for  this
purpose  under  the  conditions  laid  down  in
Article  2,

— exceptionally,  when  the  Director  of  Europol
considers 
absolutely
necessary to safeguard the essential interests of
the  Member  States  or  to  prevent  imminent
danger  associated  with  crime.

transmission 

such 

(b) For 

the 

transmission  of  non-personal  data
classified  Europol  1,  2  or  3,  an  agreement  is
necessary.  Such  an  agreement  shall  take  the  rules
on  the  confidentiality  of  Europol’s  information
into  account.

Article  9

Entry  into  force

These  rules  shall  enter  into  force  on  the  day  following
their  adoption  by  the  Council.

Article  7

Privileges  and  immunities

Done  at  Brussels,  3  November  1998.

An  agreement  with  a  third  State  may  provide  for  any
necessary privileges and immunities for Europol, Europol
staff  and  liaison  officers  seconded  by  Europol.

For  the  Council

The  President

B.  PRAMMER