Initiative of the Kingdom of Sweden with a view to the adoption of a Council Act amending the Council Act of 12 March 1999 adopting the rules governing the transmission of personal data by Europol to third States and third bodies
Date: 2001-06-06
Institutions: Sweden
Subjects: EU Member State, Europol, Sweden, exchange of information, personal data, third country

6.6.2001

EN

Official Journal of the European Communities

C 163/13

II

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

Initiative of the Kingdom of Sweden with a view to the adoption of a Council Act amending the
Council Act of 12 March 1999 adopting the rules governing the transmission of personal data by
Europol to third States and third bodies

(2001/C 163/08)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Convention on the establishment of a
European Police Office
and in
particular Article 18(2) thereof,

(Europol Convention) (1),

allow onward transmission of personal data pursuant
to
point (b) of the second subparagraph of Article 5(5), and
of the reasons for that decision.(cid:146).

2. The following subparagraph shall be added to Article 5(5):

Having regard to the initiative of the Kingdom of Sweden (2),

(cid:145)Onward transmission by a third body may take place

Having regard to the opinion of the European Parliament (3),

Having regard to the draft prepared by the Management Board
and the consultation of the Joint Supervisory Body referred to
in Article 24 of the Europol Convention,

Whereas:

(1) It is for the Council, acting unanimously, to adopt the
rules governing the transmission of data by
general
Europol
taking into
to third States or
account the circumstances referred to in Article 18(3) of
the Europol Convention.

third bodies,

(2) In the light of

the cooperation of Europol with third
bodies,
the possibility of onward transmission by the
third bodies of personal data received from Europol will
contribute positively to the fight against organised crime.

(3) In order to safeguard the interests of the Member States
concerned and the principles of data protection, appro-
priate provisions need to be laid down determining the
conditions under which onward transmission may take
place.

(4) The Council Act of 12 March 1999 adopting the rules
governing the transition of personal data by Europol to
third States and third bodies (4)
should therefore be
amended accordingly,

HAS ADOPTED THE FOLLOWING RULES:

Article 1

The Council Act of 12 March 1999 adopting the rules
governing the transmission of personal data by Europol to
third States and third bodies is hereby amended as follows:

(a) with the prior consent of Europol, in case the third State
or body receiving the data has concluded an agreement
with Europol on the transmission of personal data
which covers data from onward transmission;

(b) exceptionally, after authorisation by the Director of
the

Europol,
if he considers onward transmission of
data by the third body to be absolutely necessary:

(cid:151) to safeguard the essential

interests of the Member
States concerned within the scope of Europol’s
objectives,

(cid:151) in the interests of preventing imminent danger

associated with crime.

No onward transmission of data communicated to
Europol by a Member State shall be allowed without
the consent of the Member State concerned.(cid:146).

3. The following Article shall be added:

(cid:145)Article 9a

Evaluation

As from 1 January 2005, these rules shall be evaluated
under the supervision of
the Management Board, which
shall obtain the opinion of the Joint Supervisory Body.(cid:146).

Article 2

This Act shall enter into force on the day following that

1.
of its adoption.

It shall be published in the Official Journal of the European

2.
Communities.

1. The first subparagraph of Article 4 shall be replaced by the

Done at . . .

following:

(cid:145)The Director shall inform the Management Board and the
Joint Supervisory Body without undue delay of any decision
to transmit personal data pursuant to Article 2(1)(b) or to

For the Council

The President

. . .

(1) OJ C 316, 27.11.1995, p. 1.
(2) OJ . . .
(3) OJ . . .
(4) OJ C 88, 30.3.1999, p. 1.