Initiative of the Kingdom of Denmark with a view to adopting a Council Act amending the Council Act of 3 November 1998 adopting rules on the confidentiality of Europol information
Date: 2002-11-22
Institutions: Denmark
Subjects: Denmark, Europol, access to information, classification, confidentiality, data processing, data protection

22.11.2002

EN

Official Journal of the European Communities

C 286/19

II

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

Initiative of the Kingdom of Denmark with a view to adopting a Council Act amending the
Council Act of 3 November 1998 adopting rules on the confidentiality of Europol information

(2002/C 286/09)

THE COUNCIL OF THE EUROPEAN UNION,

3. Article 8(4) shall be replaced by the following:

Having regard to the Convention on the establishment of a
European Police Office
and in
particular Article 31(1) thereof,

(Europol Convention) (1),

Having regard to the initiative of the Kingdom of Denmark,

Having regard to the Opinion of the European Parliament,

Having regard to the draft prepared by the Management Board
of Europol,

Whereas:

(1) It is desirable to align the classification levels to be applied
within Europol, with respect to the security measures to be
applied, so that they correspond as far as possible to the
levels currently applied within the institutions of
the
European Union and to existing international standards.

(2) It is for the Council, acting unanimously, to adopt appro-
priate rules on the confidentiality of information which is
obtained by or exchanged with Europol on the basis of the
Europol Convention,

HAS ADOPTED THIS ACT:

Article 1

The Council Act of 3 November 1998 adopting Rules on the
confidentiality of Europol information (2) is hereby amended as
follows:

1. Article 1(g) shall be replaced by the following:

‘(g)

“classification level” means a security marking assigned
to a document processed by or through Europol as
mentioned in Article 8;’;

2. The last sentence of Article 8(1) shall be replaced by the

following:

‘Information which is subject to the basic protection level
and to which no classification level has been assigned shall
be marked as “Europol Unclassified not for public dissemi-
nation”;’;

The Europol classification levels will be named
“Europol

‘4.
“Europol Restricted”,
Secret” and “Europol Top Secret”.

“Europol Confidential”,

“Europol Restricted”: This classification shall be applied to
the unauthorised disclosure of
information and material
which could be disadvantageous
interests of
Europol or of one or more Member States.

to the

“Europol Confidential”: This classification shall be applied to
information and material
the unauthorised disclosure of
which could harm to the essential interests of Europol or
of one or more Member States.

“Europol Secret”: This classification shall be applied only to
the unauthorised disclosure of
information and material
which could seriously harm the essential
interests of
Europol or of one or more Member States.

to information and material

“Europol Top Secret”: This classification shall be applied
the unauthorised
only
disclosure of which could cause
exceptionally grave
prejudice to the essential interests of Europol or of one or
more Member States.

Each Europol classification level shall relate to a specific
security package,
to be applied within Europol. The
security packages shall offer different levels of protection,
depending on the content of the information, and taking
the detrimental effect, which unauthorised
account of
the information, might
access, dissemination or use of
have on the interests of Europol or the Member States.

When information protectively marked at different levels is
gathered, the classification level to be applied shall be at
least as high as that applicable to the information protected
at the highest level. At all events, a group of information
may be given a higher protection level than that of each of
its parts.

(1) OJ C 316, 27.11.1995, p. 2.
(2) OJ C 26, 30.1.1999, p. 10.

The translation of protectively marked documents shall be
subject to the same protection as the originals.’;

C 286/20

EN

Official Journal of the European Communities

22.11.2002

4. Article 8(5) shall be replaced by the following:

The

security packages

‘5.
consist of various
measures of a technical, organisational or administrative
nature, as laid down in the Security Manual.’;

shall

5. Article 9(2) shall be replaced by the following:

In choosing any classification level, Member States
‘2.
shall take account of the classification of the information
the need for the oper-
under their national regulations,
ational
to function
for
adequately and the requirement that classification of law
information should be the exception and
enforcement
that,
if such information has to be classified, the lowest
possible level should be assigned.’;

flexibility

required

Europol

6. In Article 11(3) the terms ‘1 or 2’ shall be replaced by

‘Europol Restricted’ or ‘Europol Confidential’;

7. In the whole text, the words ‘security level’ or ‘security
levels’ shall be replaced by the words ‘classification level’
or ‘classification levels’ respectively.

Article 2

This Act shall enter into force on 1 July 2003.

Article 3

This Act shall be published in the Official Journal of the European
Communities.

Done at . . .

For the Council

The President

. . .

Initiative of the Kingdom of Denmark with a view to adopting a Council Act amending the Staff
Regulations applicable to Europol employees

(2002/C 286/10)

THE COUNCIL OF THE EUROPEAN UNION,

HAS ADOPTED THIS ACT:

Having regard to the Convention on the establishment of a
European Police Office
and in
particular Article 30(3) thereof,

(Europol Convention) (1),

Article 1

The Staff Regulations are amended as follows:

Having regard to the initiative of the Kingdom of Denmark,

1. Article 43 shall be replaced by the following:

Having regard to the Opinion of the European Parliament,

Having regard to the Opinion of the Management Board of
Europol,

‘Article 43

Whereas:

(1) It is desirable to amend the Staff Regulations applicable to
Europol employees (the Staff Regulations), as laid down in
Council Act of 3 December 1998 (2), in particular in order
to establish special provisions for Europol officials serving
in third countries, on account of special living conditions
there.

(2) It is for the Council, acting unanimously, to lay down
detailed arrangements applicable to Europol employees,
thereto,

(1) OJ C 316, 27.11.1995, p. 2.
(2) OJ C 26, 30.1.1999, p. 23, as last amended by Decision of 13 June

2002 (OJ C 150, 22.6.2002, p. 2).

The remuneration of Europol staff shall comprise basic
appropriate, other
and,

1.
salary,
allowances. It shall be paid in euro in the Netherlands.

allowances

family

if

In that case,

Notwithstanding paragraph 1,

2.
the official, who is
transferred by a decision of the Director to a place of
employment other than the Netherlands, may choose to
have his salary paid in the currency of the country where
the remuneration,
he performs his duties.
excluding any education allowances pursuant
to Article
3(1), first indent, and Article 3(2) of Appendix 5, shall be
weighted, after the compulsory deductions set out in these
Staff Regulations or in any implementing regulations, and
shall be calculated on the basis of
the corresponding
exchange rate. In duly substantiated exceptional cases, the
Director may make all or part of this payment in a currency
other than that of the country of employment in such a
way as to maintain purchasing power.