Act No 1/99 of the joint Supervisory Body of Europol of 22 April 1999 laying down its rules of procedure
Date: 1999-04-22
Institutions: Europol
Subjects: Europol, regulation, supervisory power

28.5.1999

EN

Official Journal of the European Communities

C 149/1

(Acts adopted pursuant to Title VI of the Treaty on European Union)

ACT No 1/99 OF THE JOINT SUPERVISORY BODY OF EUROPOL

of 22 April 1999

laying down its rules of procedure

(1999/C 149/01)

THE JOINT SUPERVISORY BODY,

the Treaty

Having regard to the Convention based on Article K.3
of
the
establishment of a European Police Office (Europol
Convention) (1),
and in particular Article 24(7)
thereof,

on European Union,

on

Whereas it is for the Joint Supervisory Body acting
unanimously to lay down its rules of procedure,

HAS ADOPTED THESE RULES OF PROCEDURE:

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

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Official Journal of the European Communities

C 149/3

RULES OF PROCEDURE

OF THE JOINT SUPERVISORY BODY OF EUROPOL

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Official Journal of the European Communities

28.5.1999

CONTENTS

TITLE I

Tasks and powers of the Joint Supervisory Body . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 1

Tasks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 2

Powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 3

Committees

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

TITLE II

Rules of Procedure for the Joint Supervisory Body . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 4

Membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 5

Chair . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 6

Working methods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 7

Checks on location and experts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 8

Procedure in the event of violations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 9

Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 10

Activity report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

TITLE III

Rules of Procedure of the Appeals Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 11

Tasks of the Appeals Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 12 Membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 13

Independence and impartiality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 14

Chair . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 15

Representation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 16

Languages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 17

Institution of the procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 18

Preliminary consideration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 19

Additional information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 20

Access to file of procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 21

Hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 22

Hearing of witnesses and experts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 23

Closing statements

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 24 Minutes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 25

Decisions and confidentiality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 26

Notifications

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 27

Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 28

Due process . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

TITLE IV

Final provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 29

Secretariat . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 30

Confidentiality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 31

Budget and costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 32

Amendment of the Rules of Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 33

Evaluation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 34

Entry into force of the Rules of Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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TITLE I

TASKS AND POWERS OF THE JOINT SUPERVISORY BODY

Article 1

Tasks

The Joint Supervisory Body shall have the task of
1.
reviewing,
in accordance with the Convention, the
activities of Europol in order to ensure that the rights
of
the individual are not violated by the storage,
processing and utilisation of the data held by Europol.
In addition, it shall monitor the permissibility of the
from Europol
transmission of data originating
(Article 24(1),
the
Convention).

first and second sentences of

For this purpose, the Joint Supervisory Body has

2.
the following tasks, in particular:

(a) examination of orders opening

a data

(Article 12(1),
sentence of the Convention);

second sentence and (2),

file
third

(b) examination of provisions concerning the drawing
up of reports on the retrieval of personal data
(Article 16, first sentence of the Convention);

(c) examination

of

the
general
communication of personal data by Europol to
third States and third bodies (Article 18(2), second
sentence of the Convention);

rules

for

(d) examination of questions relating to:

— the implementation and interpretation of the
Convention in connection with Europol’s
activities
and
utilisation of personal data (Article 24(3), first
alternative of the Convention),

processing

regards

the

as

— checks

carried out

the
national supervisory bodies of
the Member
States (Article 24(3), second alternative of the
Convention),

independently by

— the

exercise of
24(3),

(Article
Convention),

the
third

right

to information
the

of

alternative

— the drawing up of harmonised proposals for
problems
the

existing
alternative

to
fourth

solutions

24(3),

of

common
(Article
Convention);

collection,

(e) examination of the lawfulness and accuracy of a
and
the
the

possible
utilisation of personal data by Europol at
request of an individual
(Article 24(4) of
Convention);

processing

storage,

(f) drawing up of activity reports at regular intervals

(Article 24(6) of the Convention).

Article 2

Powers

The

1.
the
Joint Supervisory Body shall,
discharge of its tasks, have the powers provided for in
the Convention.

for

In particular, the Joint Supervisory Body shall be
2.
authorised to obtain information from Europol, to be
given access to all documents and paper files as well
as access to the data stored by Europol, and to be
granted free access to all Europol premises at any time
includes
(Article 24(2) of
information on and access to hardware and software,
whenever this is necessary for the performance of the
tasks of the Joint Supervisory Body. Details may be
stipulated
Joint
Supervisory Body and the Management Board of
Europol.

the Convention). This

arrangements

between

the

in

Article 3

Committees

1.
The Joint Supervisory Body shall set up the
committee provided for under Article 24(7) of the
Convention.

It may set up one or more other

2.
internal
committees and determine their composition and
terms of reference (Article 24(8) of the Convention).

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TITLE II

RULES OF PROCEDURE FOR THE JOINT SUPERVISORY BODY

Article 4

Membership

concerned. Appointment as a member shall not be
revoked other than in accordance with national law.
This shall apply likewise to the alternates.

1.
The Joint Supervisory Body shall be composed of
not more than two members or representatives of each
of the national supervisory bodies which shall form a
delegation. Each member may have an alternate. The
the Joint Supervisory Body and their
members of
alternates shall be appointed for five years by each
Member State (Article 24(1), third sentence of the
Convention) which term shall be renewable.

2.
The members of the Joint Supervisory Body and
their alternates shall be independent, not bound by
instructions in the exercise of their duties and subject
only to the law. In particular, they must not at the
same time be members of another body set up under
the Convention or staff members of Europol.

interest arises,

Where a conflict of
the person
concerned shall declare that interest and withdraw
from taking part in the discussion and the decision on
the matter. He may, where necessary, be excluded by a
majority of the votes cast in a secret ballot by the
delegations
person
concerned shall be heard before any exclusion, but
shall not
If a person
withdraws or is excluded, he may be replaced by his
alternate.

the meeting. The

in the decision.

take part

attending

Article 5

Chair

The

elect

shall

Joint

1.
a
Supervisory Body
chairman and a deputy chairman from among its
members by a majority of two thirds of the votes cast
in a secret ballot by the delegations attending the
meeting. The deputy chairman shall not be a member
of the chairman’s delegation. If none of the candidates
achieves the required majority in the first round of
voting, a second round shall take place between the
two candidates having received the most votes. The
chairman and his deputy shall be elected for a term of
office of two years. Election for a second term of one
year shall be possible.

the

The

represent

chairman

2.
Joint
shall
Supervisory Body and chair its meetings. He shall
monitor the smooth functioning of its work. He shall
convene the meetings of the Joint Supervisory Body
and determine the venue, date and time of such
meetings. He shall open and close the meetings. He
shall prepare the provisional agenda and ensure the
execution of the decisions of the Joint Supervisory
Body.

3. Only persons having the necessary abilities may
be appointed to serve as members of
the Joint
Supervisory Body or their alternates (Article 24(1),
third sentence of the Convention). Particular regard
shall be had to the requirements for the Appeals
Committee.

4.
A member of the Joint Supervisory Body who is
unable to attend a meeting may be represented by his
alternate.

5. Membership of the Joint Supervisory Body shall
cease when the person concerned resigns. It shall also
cease when that person ceases to serve as member or
representative of the national supervisory body, unless
his term of office is reconfirmed by the Member State

3.
The deputy chairman shall act for the chairman
if he is unable to attend. In the absence of the deputy
chairman the oldest member in terms of age shall act
as deputy chairman. The first meeting of the Joint
Supervisory Body shall be convened and chaired by
the oldest member in terms of age until the election of
the Chairman.

In order

to prepare the work of

4.
the Joint
Supervisory Body with regard to a particular issue, it
may appoint from among its members, on a proposal
from the chairman, one or several rapporteurs. If the
matter is urgent, such an appointment may be made
by the chairman by virtue of his office. In this case he
shall
inform the members of the Joint Supervisory
Body without delay.

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5.
The chairman or a majority of the delegations
may request the attendance at meetings of the director
and invite staff members of Europol, national experts,
liaison officers and other persons to attend.

Article 6

Working methods

The Joint Supervisory Body shall meet at least
1.
four times a year. Furthermore, it shall meet at the
initiative of the chairman and whenever at least three
delegations submit a written proposal stating reasons,
or present an oral proposal in a previous meeting. The
chairman of the Management Board and the director
of Europol shall be entitled to propose items for
inclusion on the agenda and to propose that the Joint
Supervisory Body be convened.

2. With the exception of cases which the chairman
deems to be urgent, the notice convening the meeting
shall be transmitted in time to arrive at least two
weeks before the meeting. The notice shall include the
provisional agenda and the documents needed for the
meeting, unless the nature of these documents does
not allow so. The final agenda shall be adopted at the
beginning of each meeting.

if at

A meeting of the Joint Supervisory Body shall
3.
only be effective,
the
least
delegations attend. Decisions shall be taken by a
simple majority of the delegations attending, unless
provided otherwise in these rules. Each delegation
shall be entitled to one vote. In case of a tied vote, the
chairman shall have a casting vote.

two thirds of

4.
The meetings of the Joint Supervisory Body shall
not be public. Its documents shall be confidential,
unless the Joint Supervisory Body decides otherwise.
However documents submitted by Europol shall be
subject
referred to in
Article 31(1) of the Convention.

to the confidentiality rules

5.
The Joint Supervisory Body shall meet on the
basis of documents and draft papers drawn up in all
official languages of the institutions of the European
Union. Exceptions to this rule shall be admissible only
in cases of urgency. However, each delegation shall
have the right to require a translation in its own
language.

6. Decisions of the Joint Supervisory Body may be
taken by written procedure in so far as all delegations
have approved this procedure in a meeting. In urgent

cases the chairman shall be entitled to initiate the
written procedure. In both cases the chairman shall
transmit a draft decision to the members of the Joint
Supervisory Body. If the delegations do not object to
translated into the respective
the draft decision,
official
languages, within a period specified by the
chairman of at least 14 days after receipt, the proposal
shall be deemed to be adopted. If a delegation, within
five working days after receipt of the draft decision,
it be orally discussed by the Joint
requests
Supervisory Body,
the written procedure shall be
discontinued.

that

Article 7

Checks on location and experts

In the framework of its powers in accordance
1.
Joint
with Article 24 of
Supervisory Body may carry out data protection
checks at Europol.

the Convention,

the

2.
The Joint Supervisory Body may appoint one or
more members for carrying out these checks. Such
members may be assisted by experts as deemed
appropriate by the Joint Supervisory Body, drawn only
from a list of experts established by the Joint
Supervisory Body in advance and communicated to
Europol. Experts on this list shall come from within
national supervisory bodies and government agencies,
unless such experts are not available. All experts must
meet the security requirements applying under their
national law.

3. Where the chairman deems a case to be urgent,
he may appoint such members and experts by virtue
of his office. In this case he shall inform the members
of the Joint Supervisory Body without delay.

The members of

4.
the Joint Supervisory Body
entrusted with carrying out a check shall report to the
Joint Supervisory Body on the results of their work.

Article 8

Procedure in the event of violations

If the Joint Supervisory Body notes violations of the
provisions of
the Convention with regard to the
storage, processing or utilisation of personal data, it
shall inform the director of Europol accordingly and
shall request him in writing to reply within a given

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period. If the Joint Supervisory Body considers the
reply to be insufficient or not submitted in time, or if
any other difficulty arises, the Joint Supervisory Body
shall refer the matter in writing to the Management
the
Board
Convention). Failure to comply with a final decision
of
the Appeals Committee shall be regarded as a
violation of the Convention.

sentence

(Article

24(5),

third

of

Article 9

Minutes

Minutes shall be made of all meetings of the Joint
Supervisory Body. The draft minutes shall be prepared
by the Secretariat under the direction of the chairman
and submitted to the Joint Supervisory Body for
adoption at its next meeting. Each member shall have

the right to have the draft minutes amended to reflect
comments made by that member at the meeting.

Article 10

Acitivity report

1.
The Joint Supervisory Body shall draw up an
activity report at least once every two years. At least
one month before the activity report is forwarded to
the Council, the Management Board shall have the
opportunity to deliver an opinion, which shall be
attached
the
Convention).

(Article 24(6) of

to the

report

The Joint Supervisory Body shall decide whether
2.
or not to publish its activity report, and, if it decides
to do so, determine how it should be published.

TITLE III

RULES OF PROCEDURE OF THE APPEALS COMMITTEE

Article 11

Tasks of the Appeals Committee

be appointed for five years by the Joint Supervisory
Body, on the nomination of the delegation concerned,
which term shall be renewable.

1.
The Appeals Committee (hereinafter called (cid:28)the
Committee’) shall examine the appeals provided for in
and
Article 19(6),
Article 22(3) of the Convention.

and (8), Article 20(4)

(7)

The members of

2.
the Committee and their
alternates shall have the necessary qualifications for
examining and deciding the appeals referred to in
legal expertise,
Article 11(1),
experience in conflict resolution and experience in
data protection matters.

inter alia,

involving,

The Committee shall

2.
respect of the matters referred to in paragraph 1.

take final decisions

in

A member of the Committee who is unable to

3.
attend a meeting may be represented by his alternate.

In addition to the powers

3.
referred to in
Article 2(2), the Committee shall have the powers
provided for in this chapter.

4. Membership of the Committee shall cease when
the person concerned resigns or ceases to be a member
of the Joint Supervisory Body. This shall apply also to
the alternates.

Article 12

Membership

Article 13

Independence and impartiality

The Committee

1.
composed of one
member of each delegation in the Joint Supervisory
Body. Each member may have an alternate. The
members of the Committee and their alternates shall

shall be

The members of

1.
shall be
independent and impartial, not bound by directions of

the Committee

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is

office which

incompatible with

the Joint Supervisory Body or anyone else in the
exercise of their duties and subject only to the law.
They may not engage in any activity during their term
their
of
the
independence and impartiality as members of
Committee or with the required availability for service
on the Committee. Activities which are being carried
out or have been carried out on behalf of the national
supervisory
as
incompatible with work on the Committee. The
provisions of this paragraph shall apply also to the
alternates.

regarded

body

shall

not

be

2. Where a member of
the Committee or an
alternate has been involved in the case in such a
manner as to give rise to serious doubts as to his
impartiality, or any other circumstance arises which
the proper determination of an
might prejudice
appeal, he shall declare this and withdraw from the
case.

If a member or alternate is challenged by a party
3.
on grounds relating to paragraphs 1 and 2,
the
Committee shall hear the person concerned and the
other parties and subsequently decide on the challenge
in the absence of the person concerned by means of a
secret ballot.

If a person withdraws or is excluded from the
4.
case pursuant to paragraph 3, he shall be replaced by
his alternate.

Article 14

Chair

1.
The Committee shall elect a chairman and a
deputy chairman from among its members by a
majority of two thirds of the votes cast in a secret
ballot by the members attending the meeting. If none
of the candidates achieves the required majority in the
first round of voting, a second round shall take place
between the two candidates having received most
votes. The chairman or deputy chairman of the Joint
Supervisory Body may not be elected chairman or
deputy chairman of the Committee nor be a member
of the same delegation. The chairman and his deputy
shall be elected for a term of two years. Election for a
second term of one year shall be possible.

2.
The chairman shall preside over the meetings of
the Committee. He shall monitor the smooth and
proper functioning of its work. He shall convene the
meetings of the Committee and determine the venue,
date and time of such meetings. He shall prepare the
provisional agenda.

3.
The deputy chairman shall act for the chairman
if he is unable to attend. In the absence of the deputy
chairman the oldest member in terms of age shall act
as deputy chairman. The
the
Committee shall be convened and chaired by the
oldest member in terms of age until the election of the
chairman.

first meeting of

In order

from the

to prepare

its deliberations,

chairman, one or

the
4.
Committee may appoint from among its members, on
a proposal
several
rapporteurs. In such cases in principle, the member
appointed as rapporteur shall be from the Member
State from which the applicant comes or,
the
applicant comes from a non-Member State, from the
Member State to which the case is most closely
connected.
an
appointment may be made by the chairman by virtue
of his office. In this case he shall inform the members
of the Committee without delay. The rapporteur shall
examine the appeal and submit a report
to the
Committee on its admissibility and a proposal for
further proceedings, in particular with regard to what
preparatory measures are needed.

the matter

urgent,

such

is

If

if

Article 15

Representation

The applicant may be assisted or represented by a
lawyer or another adviser. A lawyer or an adviser may
be excluded from the proceedings by the Committee in
cases of serious misconduct. If a lawyer or an adviser
is excluded, the chairman shall stipulate a deadline for
the party concerned to enable him to appoint another
lawyer or adviser; the proceedings shall be suspended
until the expiration of this deadline. A lawyer or an
adviser shall produce proper authorisation from the
applicant, if so requested by the Committee.

Article 16

Languages

1.
The procedure shall be conducted in one of the
official languages of the institutions of the European
Union. The applicant shall choose the official language
in which the procedure shall be conducted. The
language of the procedure shall be used in the oral
statements and in the written documentation of the
parties and in the minutes and decisions of
the
Committee.

2. Documents
procedural
translation into the procedural

than the
language other
language shall be accompanied by a
language. Where

in a

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documents are lengthy, the translation submitted may
be restricted to excerpts or summaries. The Committee
may by virtue of its office or on application from a
party require a full translation at any time.

the chairman or of the rapporteur. An appeal which
does not comply with the time limits mentioned in
paragraph 1 may be accepted, if special circumstances
can justify the delay.

3. Where necessary,
interpretation services and
translations shall be provided for each member of the
Committee and for the parties free of charge. The
decisions of the Committee shall be translated into all
official languages of the institutions of the European
Union.

Article 18

Preliminary consideration

4.
In cases where none of the official languages of
the institutions of the European Union is accessible to
the applicant, the complaint may be lodged in another
is obliged to submit a
language. The applicant
languages. The
summary in one of
chairman or
shall have the complaint
translated into the chosen language.

the official

rapporteur

Article 17

Institution of the procedure

the Secretariat of

The appeal shall be lodged by submission of a
1.
written complaint at
the Joint
Supervisory Body within three months of the decision
of Europol being received by the applicant. When
there is no decision, the appeal shall be lodged within
three months after the expiration of the relevant time
limits referred to in Article 19(6), Article 20(4) and
Article 22(3) of the Convention. Any doubt about
compliance with time limits shall be determined in
favour of the applicant.

2.
the
The applicant shall outline the basis of
complaint. It must be clear who is complaining, what
he is complaining about and on what grounds. The
complaint shall be accompanied by any supporting
documentation available. The applicant may withdraw
his appeal at any time.

The Secretariat shall acknowledge the receipt of
3.
the complaint within four weeks and give general
information on the course of the procedure.

If the complaint does not meet the requirements
4.
set out in paragraph 2, first and second sentences and
in Article 16(4), second sentence, the Secretariat shall
invite the applicant to rectify any omissions within
four weeks.

Appeals which do not meet

5.
the requirements
shall be refused by the Committee on the proposal of

If the complaint meets the requirements, it shall
1.
be considered by the Committee on the basis of the
following
the
taking
Convention especially Articles 19, 20 and 22.

provisions

account

into

2.
A copy of the complaint shall be forwarded to
Europol for its observations, which shall be submitted
within four weeks, extension for two further weeks
being possible.

3.
The Committee may decide on a case-by-case
basis additionally to involve in the appeals procedure
one or more national units. The applicant and Europol
shall be informed of
this decision. The relevant
national units shall be sent a copy of the observations
from Europol and the applicant in order to enable
to be
them to submit
submitted within four weeks, extension for
two
further weeks being possible.

their own observations,

After the observations have been received or the
4.
deadlines have expired, the complaint shall be dealt
with by the Committee within the ensuing three
months.

Article 19

Additional information

1.
The Committee may ask the applicant, Europol,
the national units, the national supervisory bodies or
any other body to provide information, evidence or
comments to the Committee. The parties are entitled
to make suggestions to the Committee regarding the
taking of evidence or to call for the admission of
follow up these
evidence. The Committee
suggestions and calls for admission to the extent
necessary for the examination of the case.

shall

2.
The Committee may also decide to investigate on
location at Europol. Article 7 applies likewise. In this
case, the applicant or his adviser shall be informed of
the result of the investigation.

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Article 20

Access to file of procedure

1.
All parties shall, if they wish, have access to the
file of the procedure, and require the Secretariat of the
Joint Supervisory Body to provide them with excerpts
or photocopies at their own expense. Access shall be
refused where such refusal is necessary in order:

— to enable Europol to fulfil its duties properly,

— to protect security and public order in the Member

States or to prevent crime,

— to protect the rights and freedoms of third parties,

considerations which cannot be overridden by the
interests of the person concerned.

that

the Committee

Europol, national units and national supervisory
2.
bodies may indicate to what extent the information
they provide should not be made available to the
applicant, stating the reasons for such a restriction.
The Committee may ask for further reasons. To the
extent
such reasons
finds
acceptable,
information concerned shall be
withheld. The Committee may decide otherwise only
in the absence of acceptable
reasons and only
unanimously. In this case, the Committee may require
a summary to be made available to the applicant or
require that certain information shall be provided to
the applicant.

the

Article 21

Hearing

1.
The parties shall be heard by the Committee
should they so request. The Committee shall duly
inform the parties of their right to be heard. This right
shall be exercised in writing. The Committee shall
decide to hold an oral hearing on request from one of
the parties involved in the proceeding to the extent
deemed necessary for the examination of the case. The
Committee shall duly inform the parties of their right
to request an oral hearing. All parties shall be notified
in due time of the oral hearing and have the right to
be present.

2.
Committee decides by virtue of

An oral hearing shall be held in public unless the
its office or on

strictly necessary in the opinion of

application from one of the parties to exclude the
public wholly or partly where the interests of public
security, especially on the grounds referred to in
Article 19(3) of the Convention, or the protection of
the privacy of an individual so require, or to the
extent
the
Committee in special circumstances where publicity
would prejudice the proper determination of
the
appeal. If a Member State that is a party to the
proceedings, or Europol, requests that the public be
excluded from the proceedings, the Committee may
decide otherwise only on the grounds that no reasons
as referred to in the first sentence obtain, and only
unanimously.

3.
The Committee may decide, at the request of a
party or at its own initiative, to hear a party without
other parties being present, where this is required in
order to ensure the proper functioning of Europol, to
safeguard the security of a Member State or to protect
the interests of the applicant or a third party. The
absent parties shall be informed of proceedings taking
place in their absence.

Article 22

Hearing of witnesses and experts

1.
The Committee may decide, at the request of a
party or at its own initiative, to hear witnesses. All
parties and the witnesses concerned shall be notified in
due course of the hearing. Article 21(2) and (3) shall
also apply.

2. Witnesses notified by the Committee shall be
entitled to reimbursement of
and
accommodation expenses and to compensation for loss
of earnings,
the Committee finds
equitable. They may receive the necessary advance
payments. All payments
shall be made from the
budget of the Joint Supervisory Body.

to the extent

travel

their

3.
The witnesses shall be heard by the Committee.
The members of the Committee may address questions
to the witnesses. With the permission of the chairman,
the parties may address questions to the witnesses.
Before the hearing begins, the chairman shall remind
the witnesses that they should speak the truth.

The Committee may appoint an expert and
4.
define his mandate. The
entitled to
remuneration for his work. The Committee may
decide to hear the expert. The rules regarding the
hearing of witnesses shall also apply.

expert

is

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Article 23

Closing statements

for the decision. It shall be announced at a public
meeting and conveyed to the parties. A copy of the
decision shall be forwarded to the Joint Supervisory
Body.

Before reaching a final decision, the Committee shall
invite all parties to submit final comments.

Article 26

Notifications

Article 24

Minutes

Notifications and other communications to parties,
witnesses and experts shall be made by means that
reasonably ensure that they are duly informed and can
be verified when necessary.

The Committee

shall keep minutes of

its
1.
proceedings which shall reflect
the course of each
hearing and the statements made in it. The parties
may request that certain documents or statements be
included wholly or partly in the minutes. The minutes
shall be signed by the chairman, forwarded to the
parties and added to the file of the case. In cases
referred to in Article 21(2) or Article 22(1),
the
Committee shall impose restrictions.

Article 9 shall also apply to all meetings of the

2.
Committee which are not attended by the parties.

Article 25

Decisions and confidentiality

Any meeting of the Committee shall only be
their

the members or

fifths of

1.
effective if
four
alternates attend.

2. Decisions shall be taken by a simple majority of
the members or alternates attending the meeting,
unless provided otherwise either in these rules or in
the Convention. In case of a tied vote, the chairman
shall have a casting vote. All persons taking part in
the final decision must have attended an oral hearing.

The deliberations of the Committee shall remain

3.
confidential.

4.
The final decision of the Committee shall contain
the names of the parties and their representatives, the
names of the members of the Committee taking part
in the decision, the date on which the decision is
announced, the operative part of the decision, a brief
presentation of the facts of the case and the reasons

Article 27

Costs

The Committee shall decide on the costs of the
1.
procedure in its final decision. The procedure before
the Committee shall be free of charge. If the appeal is
upheld, wholly or partially,
the necessary costs
incurred by the applicant for lodging and processing
the complaint shall be borne by Europol to the extent
that the Committee considers this equitable.

at

shall

assistance

If an applicant is unable to bear all or part of the
2.
costs of the procedure, he may at any time on request
be granted assistance for the costs. When he submits
the application, he
enclose documentation
demonstrating that he is in need. The Committee may
the
withdraw the
preconditions under which it was granted change in
the
is
the proceedings.
approved, the costs will be disbursed from the budget
of the Joint Supervisory Body. Where this is fair, the
final decision may require a party to reimburse to the
budget of the Joint Supervisory Body the advance
payments granted. In submitting his application, the
applicant shall declare his agreement to reimburse the
costs if required by the final decision.

If assistance

course of

time

any

if

Article 28

Due process

In cases not provided for in these rules, the Committee
shall conduct its procedures in accordance with the
general principles of Community law referred to in
Article F(2) of the Treaty on European Union.

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TITLE IV

FINAL PROVISIONS

Article 29

Secretariat

The

Joint

shall have

1.
a
Supervisory Body
Secretariat based at its headquarters to assist it in the
performance of its tasks. The Secretariat shall be a
permanent body and its members recruited only on the
basis of competence. The members of the Secretariat
the Joint
shall act solely in the best
Supervisory Body, shall be fully independent
from
Europol and shall not accept instructions from any
other authority. Recruitment or secondment to the
Secretariat shall take place on a proposal from the
Joint
the
Secretariat shall not undertake other work without
permission of the chairman of the Joint Supervisory
Body.

Staff members of

Supervisory Body.

interests of

The Secretariat shall operate under the direction
2.
of the chairman of
the Joint Supervisory Body in
accordance with the rules established by the Joint
Supervisory Body. The Secretariat shall also provide
services to the Appeals Committee. In the performance
of these functions it shall operate under the direction
of the chairman of that Committee. The Secretariat
shall keep a register of appeals and all other
documents.

The Secretariat shall ensure that the obligations
the Convention shall also be

3.
under Article 32 of
respected in the work of the Joint Supervisory Body.

Article 30

Confidentiality

the

Joint

Supervisory Body,
1. Members
of
alternates, experts and members of
the Secretariat
shall be obliged to treat in a confidential manner the
circumstances which come to their knowledge in the
context of their activity, unless the proper discharge of
their task requires otherwise. This obligation shall
continue to apply also when they cease to be active in
that capacity.

appointment, members

Joint
2. On
Supervisory Body, alternates, experts and members of
the Secretariat shall declare their acceptance of these
obligations.

the

of

3.
In the case of a breach of confidentiality, a
member of the Joint Supervisory Body or his alternate
may be suspended by a majority of two thirds of the
in a secret ballot by the delegations
votes cast
attending a meeting of the Joint Supervisory Body. The
person concerned shall be heard before, but shall not
take part in the decision. This provision shall apply
equally to the Appeals Committee, where the breach
that
of
Committee. In the latter case, the Joint Supervisory
Body shall be informed without delay.

to the work of

confidentiality

relates

In the case of a suspension, the place of the suspended
member shall be taken by his alternate. A suspension
shall be communicated to the national supervisory
body responsible for the appointment of the suspended
member.

Article 31

Budget and costs

1.
The Secretariat shall prepare proposals for an
annual budget for the Joint Supervisory Body, which
on approval shall be forwarded to the Management
Board
in
Article 24(9) of the Convention.

consultation,

required

prior

the

to

2.
The Joint Supervisory Body shall decide on the
disbursement of the budget allocated to it which shall
be administered by the Secretariat.

The costs of the Joint Supervisory Body and the
3.
including the expenses for the
Appeals Committee,
and their
members of
alternates, which are necessary for the proper exercise
of their duties, shall be borne by the budget of the
Joint Supervisory Body in accordance with rules
established by it.

the Appeals Committee

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Official Journal of the European Communities

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Article 32

Article 34

Amendment of the Rules of Procedure

Entry into force of the Rules of Procedure

Amendments to these Rules of Procedure shall be
unanimously adopted by the Joint Supervisory Body
and shall be submitted to the Council for unanimous
approval
the
Convention).

sentence

(Article

24(7),

first

of

These Rules of Procedure shall enter into force on the
day following their approval by the Council
in
accordance with Article 24(7) of the Convention (*).

Article 33

Evaluation

Done at Brussels, 22 April 1999

These Rules of Procedure shall be evaluated by the
Joint Supervisory Body between one and three years
after their entry into force.

For the Joint Supervisory Body

The Chairman

Fergus GLAVEY

(*) The Rules of Procedure were approved by the Council on

29 April 1999.

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COUNCIL DECLARATION

on Article 4(5) and Article 12(4) adopted when approving the Rules of Procedure of the
Joint Supervisory Body of Europol

The Member States agreed that membership of the Joint Supervisory Body (of a member or
an alternate) in particular may not cease before the end of the term of office on grounds
connected with the exercise of a function in the Appeals Committee.