Initiative of the Portuguese Republic with a view to the adoption of a Council Decision establishing a secretariat for the Joint Supervisory Data Protection Bodies set up by the Convention on the Establishment of a European Police Office (Europol Convention), the Convention on the Use of Information Technology for Customs Purposes and the Convention implementing the Schengen Agreement on the gradual abolition of checks at the common borders (Schengen Convention)
Date: 2000-05-19
Institutions: Portugal
Subjects: data protection, operation of the Institutions, secretariat of an Institution, supervisory power

C 141/20

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Official Journal of the European Communities

19.5.2000

II

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

COUNCIL

Initiative of the Portuguese Republic with a view to the adoption of a Council Decision estab-
lishing a secretariat for the Joint Supervisory Data Protection Bodies set up by the Convention on
the Establishment of a European Police Office (Europol Convention), the Convention on the Use
of Information Technology for Customs Purposes and the Convention implementing the Schengen
Agreement on the gradual abolition of checks at the common borders (Schengen Convention)

(2000/C 141/08)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Article 30 of the Treaty on European Union,

integrating the
Having regard to Article 2 of
Schengen acquis into the framework of the European Union,

the Protocol

Having regard to the initiative of the Portuguese Republic,

Having considered the opinion of the European Parliament,

Whereas:

(1) The Convention on the Establishment of a European Police
Office (Europol Convention), the Convention on the Use of
Information Technology for Customs Purposes and the
Convention implementing the Schengen Agreement on
the gradual abolition of checks at the common borders
(Schengen Convention) have created joint
supervisory
bodies in order to monitor the correct application of
data protection provisions in those instruments.

(2) In order for those joint supervisory bodies to function
effectively and to reduce costs, they should be supported
independent data protection sercretariat
by one single,
which,
is bound only by
in the exercise of
instructions of those bodies.

its tasks,

(3) For practical reasons and without prejudice to any future
decision providing for the transformation of the existing
joint supervisory bodies into one single body, vested with
legal personality, and an own budget, the administration of
the data protection secretariat should be closely linked to
the General Secretariat of the Council, while safeguarding
its independence in the exercise of its tasks.

(4) In order to ensure this independence, decisions on the
appointment and removal from office of the head of the
data protection secretariat should be taken by the Deputy
Secretary-General of the Council, acting on a proposal of

supervisory bodies, and the other officials
the joint
should be
assigned to the data protection secretariat
placed exclusively under the instructions of the secretariat’s
head.

(5) The administrative expenses of the data protection secre-
the
tariat should be charged to the general budget of
European Union. Europol
to the
in respect of meetings
financing of certain expenses
the Europol
relating to matters of
Convention.

implementation of

should contribute

(6) Since Council Decision 1999/438/EC of 20 May 1999
concerning the Joint Supervisory Authority set up under
Article 115 of
the Convention applying the Schengen
Agreement of 14 June 1985, on the gradual abolition of
checks at common borders, signed on 19 June 1990 (1), is
superseded by this Decision, it should be repealed as from
the date on which this Decision becomes applicable,

HAS DECIDED AS FOLLOWS:

Article 1

Establishment and tasks of the data protection secretariat

the

(hereinafter

A secretariat

referred to as

1.
(cid:145)data
protection secretariat(cid:146)) is established for the joint supervisory
bodies set up by the Convention on the establishment of a
European Police Office (Europol Convention), the Convention
on the Use of Information Technology for Customs Purposes
and the Convention implementing the Schengen Agreement on
the gradual abolition of checks at
the common bordes
(Schengen Convention).

The data protection secretariat

2.
the tasks
provided for the secretariats of the joint supervisory bodies
as laid down in the respective rules of procedure of those
bodies.

fulfil

shall

(1) OJ L 176, 10.7.1999, p. 34.

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Official Journal of the European Communities

C 141/21

Article 2

Data Protection Secretary

the general budget of
Council.

the European Union relating to the

1.
The data protection secretariat shall be headed by a Data
Protection Secretary who shall have the independence in the
performance of his tasks safeguarded, subject to instructions
from the supervisory bodies and their chairmen only. The
Deputy Secretary-General of
acting on a
proposal from the joint supervisory bodies, shall appoint the
Data Protection Secretary for a period of two years, who shall
be eligible for reappointment.

the Council,

2.
The Data Protection Secretary shall be chosen from
among the persons who are European Union citizens, have
full civil and political rights and offer every guarantee of inde-
pendence. He shall refrain from any action incompatible with
his duties and, during his term of office, not engage in any
other occupation, whether gainful or not. He shall after his
term of office behave with integrity and discretion as regards
the acceptance of appointments and benefits.

3.
The Data Protection Secretary may be removed from
office by the Deputy Secretary-General of the Council, acting
on a proposal
if he no
longer fulfils the conditions required for the performance of
this duties or in cases of serious breach of his obligations.

from the joint supervisory bodies,

Apart

from removal

4.
from office in accordance with
paragraph 3, the office of the Data Protection Secretary shall
end when his resignation takes effect. In the case of his resig-
nation, he shall remain in office until he has been replaced.

5.
The Data Protection Secretary shall, both during and after
termination of his office, be subject to a duty of professional
secrecy with regard to any confidential matters which have
come to this knowledge in the course of the performance of
his duties.

including Articles 12 to 15 and 18 of

6.
During his term of office, the Data Protection Secretary
shall, except where otherwise stated in this Decision, be subject
to the rules applicable to persons having the status of a
temporary agent within the meaning of Article 2(a) of the
Conditions of employment of other servants of the European
Communities,
the
the European
Protocol on Privileges and Immunities of
Communities. The grade and step at which he is employed
shall be determined by the criteria applicable to the officials
and other agents of the General Secretariat of the Council. If
the person appointed is already an official of the Communities,
he shall be seconded for the term of his office in the interest of
the service by virtue of Article 37(a), first indent of the Staff
Regulations of officials of the European Communities (Staff
the last paragraph of
Regulations). The first
sentence of
shall apply without
the Staff Regulations
Article 37 of
prejudice to paragraph 1 of this Article.

Article 3

Staff

In the exercise of their duties the staff members referred
exclusively to the
the Data Protection Secretary and the joint
they may neither seek
from any government, authority,
from the Data Protection

2.
to in paragraph 1 shall be
instructions of
supervisory bodies.
nor accept
organisation or person apart
Secretary and the joint supervisory bodies.

In that context,

instructions

subject

3. Without prejudice to paragraph 2, the staff assigned to
the data protection secretariat shall be subject to the Regu-
lations and rules applicable to officials and other servants of
the European Communities. As regards the exercise of
the
powers conferred by the Staff Regulations on the appointing
authority and the powers under the Conditions of employment
of other servants of the European Communities, the staff shall
be subject to the same rules as the officials and other agents of
the General Secretariat of the Council.

Article 4

Administrative support

The General Secretariat of the Council shall provide the
1.
office space and equipment necessary for the performance of
the duties of the data protection secretariat. It shall provide
facilities for meetings of the joint supervisory bodies within
the premises of the Council, including interpretation facilities.

2.
The Chairmanships of the joint supervisory bodies shall
set, subject to prior agreement of the Presidency of the Council,
the dates for their meetings to be convened in the premises of
the Council.

Article 5

Financing

1. Within the limits set out in the financial statement, the
administrative overhead expenses of the data protection secre-
tariat (in particular equipment, remuneration, allowances and
other personnel expenses) shall be charged to the section of the
genereal budget of the European Union relating to the Council.

2.
The costs related directly to meetings (in particular travel
expenses of delegates and interpretation and translation costs)
shall be borne:

(cid:151) by the Council

for meetings

implementation of
Convention and for meetings
implementation of
Information Technology for Customs Purposes,

relating to matters of
the
Schengen
relating to matters of
the Convention on the Use of

the provisions of

The data protection secretariat shall be provided with the
1.
staff necessary for the performance of
its tasks. The staff
members assigned to the data protection secretariat shall fill
posts included in the list of posts appended to the section of

(cid:151) by Europol for meetings relating to matters of implemen-

tation of the Europol Convention.

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Official Journal of the European Communities

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If a participant from a Member State in meetings of any of the
joint supervisory bodies attends two or more meetings within
one single mission and one of those meetings relates to matters
of
travel
expenses shall be borne by Europol.

the Europol Convention, his

implementation of

Article 6

Final provisions

This Decision shall enter into force the day following its

1.
adoption by the Council.

It shall apply from 1 January 2001.

2.
As from the date of entry into force of this Decision, the
decisions and acts necessary to implement this Decision can be

adopted. They shall not take effect before the date on which
this Decision becomes applicable.

This Decision shall be published in the Official Journal of

3.
the European Communities.

At the date on which this Decision becomes applicable,
4.
Decision 1999/438/EC shall be repealed.
It shall, however,
continue to apply to expenses caused by events preceding
that date.

Done at . . .

For the Council

The President

. . .