Council Decision of 27 March 2000 authorising the Director of Europol to enter into negotiations on agreements with third States and non-EU related bodies
Date: 2000-03-27
Institutions: Council of the European Union
Subjects: Europol, data protection, exchange of information, fight against crime, international negotiations, organised crime, personal data, third country

13.4.2000

EN

Official Journal of the European Communities

C 106/1

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

COUNCIL DECISION

of 27 March 2000

authorising the Director of Europol to enter into negotiations on agreements with third States
and non-EU-related bodies

(2000/C 106/01)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Article 42(2), Article 10(4) and Article 18 of
the Convention on the establishment of a European Police
Office (Europol Convention) (1),

Having regard to the Council Act of 3 November 1998 laying
down the Rules governing Europol’s external relations with
third States and non-European Union-related bodies, and in
particular Article 2 of those Rules (2),

Having regard to the Council Act of 3 November 1998 laying
down the Rules concerning the receipt of information by
Europol from third parties, and in particular Article 2 of those
Rules (3),

Having regard to the Council Act of 12 March 1999 adopting
the Rules governing the transmission of personal data by
Europol to third States and third bodies, and in particular
Articles 2 and 3 of those Rules (4),

Whereas:

(1) The effectiveness of combating organised forms of crim-
inality through Europol may be further enhanced by
appropriate relations between Europol and third States
and bodies.

(2) This Decision authorises the Director of Europol to enter
into negotiations with a first group of third States and
non-European Union-related bodies selected according to
operational requirements and the need to combat in an
effective way organised forms of criminality through
Europol.

(3) This Decision does not preclude the Council

from
adding in a subsequent decision further third States and
non-European Union-related bodies.

(1) OJ C 316, 27.11.1995, p. 2.
(2) OJ C 26, 30.1.1999, p. 19.
(3) OJ C 26, 30.1.1999, p. 17.
(4) OJ C 88, 30.3.1999, p 1.

(4) The Council made a declaration on Article 42 of the
Europol Convention according to which Europol should
as a matter of priority establish relations with the
competent bodies of those States with which the Euro-
pean Communities and their Member States have estab-
lished a structured dialogue.

(5) The Director of Europol may only enter into negotiations
concerning the transmission of personal data once the
Council is satisfied that there are no obstacles to the start
of such negotiations, taking account of the laws and
administrative practice in the field of data protection in
the third State or non-European Union-related body
concerned,

HAS DECIDED AS FOLLOWS:

Article 1

1.
Under the conditions set out in this Decision, the Director
of Europol shall be authorised to enter into negotiations
with the third States and non-European Union-related bodies
mentioned in Article 2.

2.
In so far as it is intended to exchange personal data,
the agreements to be negotiated shall contain provisions
concerning the receipt of the data by Europol, the type of data
to be transmitted and the purpose for which the data are to be
transmitted or used, and must ensure full compliance with
all relevant provisions of the Europol Convention and its
implementing regulations in this respect.

3.
In so far as it is intended to exchange information subject
to the requirement of confidentiality, the agreements shall
contain provisions concerning confidentiality in line with
Article 18(6) of the Europol Convention.

The

4.
agreements may contain provisions on the
secondment of liaison officers from third countries and third
bodies to Europol and, where necessary, on the secondment
of liaison officers from Europol.

C 106/2

EN

Official Journal of the European Communities

13.4.2000

5.
However, when an agreement including the transmission
of personal data by Europol to third States and non-European
Union-related bodies is envisaged, the Director of Europol may
only start negotiations after the Council decides, acting
unanimously, on the basis of a report to be submitted to it by
the Europol Management Board, that no obstacles exist to start
such negotiations. The Management Board shall consult the
Joint Supervisory Body on these reports. In reaching the
decision on the start of negotiations the Council shall take into
account Article 2(2) and Article 3(3) of the Rules governing
the transmission of personal data by Europol to third States
and third bodies.

— Slovakia

— Slovenia

— Switzerland

— Turkey

— United States of America.

Non-European Union-related bodies (in alphabetical order):

— ICPO-Interpol

Article 2

— UNDCP (United Nations Drugs Control Programme)

Subject to the human and financial resources available at
1.
Europol, negotiations shall be entered into with the following
third States and non-European Union-related bodies:

Third States (in alphabetical order):

— Bolivia

— Bulgaria

— Canada

— Colombia

— Cyprus

— Czech Republic

— Estonia

— Hungary

— Iceland

— Latvia

— Lithuania

— Malta

— Morocco

— Norway

— Peru

— Poland

— Romania

— Russian Federation

— World Customs Organisation.

2.
The Management Board shall, when considering its
position under Article 3(1) of this Decision, decide on the
prioritisation of
the
Council’s declaration on Article 42 of the Europol Convention.

taking account of

the negotiations,

Article 3

1. Without prejudice to Article 1(5), Europol shall enter
into the negotiations envisaged in this Decision as soon as the
Management Board is satisfied that such negotiations have
been adequately prepared. The Management Board may pro-
vide the Director of Europol with any such further instructions
concerning the negotiations as it considers necessary.

2.
The Management Board shall be informed permanently
of the state of the negotiations. A progress report shall be
submitted to the Board every six months, the first one to be
presented before 1 January 2001.

Article 4

1.

This Decision shall be published in the Official Journal.

This Decision shall enter into force on the day following

2.
that of its adoption.

Done at Brussels, 27 March 2000.

For the Council

The President

F. GOMES