Council Decision of 17 October 2000 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: 2000-10-17
Institutions: Council of the European Union
Subjects: Europol, Schengen Agreement, border control, customs inspection, data protection, information technology applications

24.10.2000

EN

Official Journal of the European Communities

L 271/1

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

COUNCIL DECISION

of 17 October 2000

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)

(2000/641/JHA)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Articles 30 and 34(2)(c) of the Treaty on the
European Union,

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

Having regard to the initiative of the Portuguese Republic (1),

Having considered the opinion of the European Parliament (2),

(5)

(6)

Whereas:

(1)

(2)

(3)

(4)

The Convention on the Establishment of a European
Police Office (Europol Convention) (3), the Convention
on the Use of
Information Technology for Customs
Purposes (4) and the Convention implementing the
Schengen Agreement on the gradual abolition of checks
at the common borders (Schengen Convention) (5) have
created joint supervisory bodies in order to monitor the
correct application of data protection provisions in
those instruments.

In order for those joint supervisory bodies to function
effectively and to reduce costs, they should be supported
independent data-protection secretariat
by one single,
is bound only by
which,
instructions of those bodies.

in the exercise of its tasks,

For practical reasons 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.

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 the joint supervisory bodies, and the other
officials assigned to the data-protection secretariat

(1) OJ C 141, 19.5.2000, p. 20.
(2) Opinion delivered on 21 September 2000 (not yet published in the

Official Journal).

(3) OJ C 316, 27.11.1995, p. 2.
(4) OJ C 316, 27.11.1995, p. 33.
(5) OJ L 239, 22.9.2000, p. 19.

should be placed exclusively under the instructions of
the head of the data-protection secretariat.

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

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 (6),
is superseded by this Decision, it should be repealed as
from the date on which this Decision becomes applic-
able.

(7)

The existing joint supervisory bodies have expressed
their approval for the principles set out in this Decision,

HAS DECIDED AS FOLLOWS:

Article 1

Establishment and tasks of the data-protection secretariat

1.
A secretariat (hereinafter referred to as the ‘data-protec-
tion secretariat’) is hereby 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 borders
(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

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

L 271/2

EN

Official Journal of the European Communities

24.10.2000

Article 2

Data-protection Secretary

Article 3

Staff

The data-protection secretariat shall be headed by a data-
1.
protection secretary whose independence in the performance of
his tasks shall be safeguarded, subject only to instructions from
the joint supervisory bodies and their chairmen. The Deputy
Secretary-General of the Council, acting on a proposal by the
joint supervisory bodies, shall appoint
the data-protection
secretary for a period of three years. The data-protection secre-
tary may be reappointed.

The data-protection secretary shall be chosen from
2.
among the persons who are European Union citizens, have full
civil and political rights, can bring to bear appropriate experi-
ence and expertise in the performance of the duties concerned,
and offer every guarantee of independence. 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 appoint-
ments and benefits.

3.
The data-protection secretary shall be removed from
office by the Deputy Secretary-General of the Council, acting
if he no
on a proposal from the joint supervisory bodies,
longer fulfils the conditions required for the performance of his
duties or if he has been guilty of serious misconduct.

4.
Apart from normal replacement on expiry of his term of
office or in the event of his death and removal 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 the expiration of his term of office and in the case of his
resignation, he shall at the request of the joint supervisory
bodies remain in office until he has been replaced.

5.
The data-protection secretary shall, both during and after
termination of his term of office, be subject to a duty of
professional secrecy with regard to the confidential information
which has come to his knowledge in the course of
the
performance of his duties.

During his term of office, the data-protection secretary
6.
shall, except where otherwise stated in this Decision, be subject
to the rules applicable to persons having the status of a tempo-
rary agent within the meaning of Article 2(a) of the Conditions
of employment of other servants of the European Communi-
ties (1), including Articles 12 to 15 and 18 of the Protocol on
Privileges and Immunities of the European Communities. The
data-protection secretary shall be in grade A, the level and step
at which he is employed shall be determined by the criteria
applicable to the officials and other agents of the Communities.
If the person appointed is already an official of the Communi-
ties, 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 Regulations) (1). The first sentence of the last paragraph
of Article 37 of the Staff Regulations shall apply without
prejudice to paragraph 1 of this Article.

(1) OJ L 56, 4.3.1968, p. 1. Regulation as last amended by Commis-

sion communication (OJ C 60, 2.3.1999, p. 11).

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

2.
In the exercise of their duties the staff members referred
to in paragraph 1 shall be subject exclusively to the instruc-
tions of the data-protection secretary and the joint supervisory
bodies and their chairmen. In that context, they may neither
seek nor accept instructions from any government, authority,
organisation or person apart from the data-protection secretary
and the joint supervisory bodies and their chairmen.

3.
Notwithstanding paragraph 2, the staff assigned to the
data-protection secretariat shall be subject to the regulations
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 staff shall be
subject to the same rules as the officials and other agents of the
European Communities.

the European Communities,

Article 4

Administrative support

1.
The General Secretariat of the Council shall provide the
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.
As fas as meetings to be convened in the premises of the
Council are concerned, the chairmanship of the joint super-
visory bodies shall set these dates subject to prior agreement of
the Presidency of the Council.

Article 5

Financing

The administrative overhead expenses of the data-protec-
1.
tion secretariat (in particular equipment, remuneration, allow-
ances and other personnel expenses) shall be charged to the
section of the general budget of the European Union relating to
the Council.

2.
Costs related directly to meetings shall be borne
— by the Council, for meetings on the premises of the Council
relating to matters of implementation of the provisions of
the Schengen Convention as well as travelling expenses for
carrying out controls at the C.SIS and for meetings relating
to matters of implementation of the Convention on the Use
of Information Technology for Customs Purposes,

— by Europol, for meetings relating to matters of implementa-

tion of the Europol Convention.

24.10.2000

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Official Journal of the European Communities

L 271/3

Article 6

Final provisions

This Decision shall enter into force the day following its

1.
adoption by the Council.

At the date on which this Decision becomes applicable,
3.
Decision 1999/438/EC shall be repealed.
It shall, however,
continue to apply to expenses caused by events preceding that
date.

It shall apply from 1 September 2001.

Done at Luxembourg, 17 October 2000.

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.

For the Council

The President

É. GUIGOU