Council Act of 3 November 1998 laying down rules concerning the receipt of information by Europol from third parties
Date: 1998-11-03
Institutions: Council of the European Union
Subjects: Europol, information processing, source of information, technology assessment, third country

30.1.1999

EN

Official  Journal  of  the  European  Communities

C 26/17

COUNCIL  ACT

of  3  November  1998

laying  down  rules  concerning  the  receipt  of  information  by  Europol  from  third  parties

(1999/C 26/03)

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  10.4  thereof,

After  consulting  the  Management  Board,

in  addition  to  the  provisions 

Whereas it is for the Council, acting unanimously, to lay
down  rules, 
in  the
Convention  concerning  the  receipt  of  information  by
Europol from third States or third bodies, to be observed
by  Europol  in  this  respect,

(g)

(h)

identified  or 

‘personal  data’  means  any  information  relating  to
an 
identifiable  natural  person;  an
identifiable  person  is  one  who  can  be  identified,
directly or indirectly, in particular by reference to an
identification  number  or  to  one  or  more  factors
specific 
to  his  physical,  physiological,  mental,
economic,  cultural  or  social  identity;

‘processing of personal data’ means any operation or
set  of  operations  which  is  performed  upon  personal
data,  whether  or  not  by  automatic  means,  such
as  collection, 
storage,
adaptation  or  alteration,  retrieval,  consultation,
transmission,  dissemination
use,  disclosure  by 
or  otherwise  making  available,  alignment  or
combination,  blocking,  erasure  or  destruction.

recording,  organisation, 

HAS  ADOPTED  THE  FOLLOWING  RULES:

Article  1

Definitions

For  the  purpose  of  these  rules:

(a)

(b)

(c)

(d)

(e)

‘third  States’  means  States  not  being  Member  States
of 
in
referred 
Article  10(4)(4)  of  the  Europol  Convention;

the  European  Union,  as 

to 

‘third  bodies’  means  the  bodies  referred  to  in  Article
10(4)  (1)  to  (3)  and  (5)  to  (7)  of  the  Europol
Convention;

‘European  Union-related  bodies’  means  the  bodies
referred  to  in  Article  10(4)  (1)  to  (3)  of  the  Europol
Convention;

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

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

(f)

‘information’  means  personal  and  non-personal
data;

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

Article  2

Agreements

1.
Europol  may  conclude  agreements  with  third  States
and  third  bodies  on  the  receipt  of  information  by
Europol.

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

3.
the
The  Management  Board  may  determine 
European  Union-related  bodies  with  which  agreements
are  to  be  negotiated.

The  Director  of  Europol  shall,  after  consulting
4.
the  Management  Board  and  with 
the  unanimous
authorisation  of  the  Council,  enter  into  negotiations
on  agreements  with  third  States  or  non-European
Union-related bodies. Agreements may be concluded only
after  unanimous  approval  by  the  Council,  after  having
obtained  via  the  Management  Board  the  opinion  of  the
Joint Supervisory Body as far as it concerns the receipt of
personal data.

The  Director  of  Europol  shall,  after  authorisation
5.
by  the  Management  Board,  enter 
into  negotiations
on  agreements  with  European  Union-related  bodies.
Agreements may be concluded only after approval by the
Management Board, after having obtained the opinion of
the  Joint  Supervisory  Body  as  far  as  it  concerns  the
receipt  of  personal  data.

C 26/18

EN

Official  Journal  of  the  European  Communities

30.1.1999

Article  3

Assessment  of  the  source  and  of  the  information

To  enable  itself  to  determine  the  reliability  of  the
1.
information  and  its  source,  Europol  shall  ask  the  third
State  or  third  body  to  assess  as  far  as  possible  the
information and its source in accordance with the criteria
laid down in Article 11 of the rules applicable to Europol
analysis files.

2.
If  this  assessment  is  not  provided,  Europol  shall
attempt  as  far  as  possible  to  assess  the  reliability  of  the
source  or  the  information  on  the  basis  of  information
already  in  its  possession  in  accordance  with  the  criteria
laid down in Article 11 of the rules applicable to Europol
analysis files.

3.
In an agreement, Europol and a third State or third
body  may  agree  in  general  terms  on  the  assessment  of
specified  types  of  information  and  specified  sources  in
accordance  with  the  criteria  laid  down  in  Article  11  of
the  rules  applicable  to  Europol  analysis  files.

Article  4

Correction  and  deletion  of  information

that  is  more  extensive  than  that  possessed  by  the
transmitting  third  State  or  third  body.  Europol  shall
inform  the  third  State  or  third  body  concerned  of  the
continued  storage  of  such  information.

If  Europol  has  reason  to  believe  that  information
3.
supplied  is  inaccurate  or  no  longer  up-to-date,  it  shall
inform  the  third  State  or  third  body  which  supplied  the
information  and  request  the  third  State  or  third  body  to
inform  it  of  its  position.  Where  information  is  corrected
or  deleted  by  Europol  in  conformity  with  Article  20(1)
and  Article  22  of  the  Europol  Convention,  Europol  shall
inform  the  supplying  third  State  or  third  body  of  the
correction  or  deletion.

4. Without  prejudice  to  Article  20  of  the  Europol
Convention, information which has clearly been obtained
by  a  third  State  in  obvious  violation  of  human  rights
shall  not  be  stored  in  the  Europol  information  system  or
analysis files.

5.
Agreements  shall  stipulate  that  the  third  State  or
third  body  shall  inform  Europol  as  far  as  possible  when
that  third  State  or  third  body  has  reason  to  believe  that
the  information  supplied  is  inaccurate  or  no  longer
up-to-date.

Article  5

Entry  into  force

1.
Agreements  shall  stipulate  that  the  third  State  or
third  body  shall  inform  Europol  when  it  corrects  or
deletes  the  information  transmitted  to  Europol.

These  rules  shall  enter  into  force  on  1  January  1999.

it  has  corrected  or  deleted 

2. When  a  third  State  or  third  body  informs  Europol
that 
information
transmitted  to  Europol,  Europol  shall  correct  or  delete
the  information  accordingly.  Europol  shall  not  delete
information  if  it  has  further  need  to  process  that
information for the purpose of the analysis file or, where
the  information  is  stored  in  another  Europol  data  file,
Europol  has  further  interest  in  it,  based  on  intelligence

the 

Done  at  Brussels,  3  November  1998.

For  the  Council

The  President

B.  PRAMMER