Council Act of 27 November 2003 drawing up, on the basis of Article 43(1) of the Convention on the Establishment of a European Police Office (Europol Convention), a Protocol amending that Convention - Declaration
Date: 2003-11-27
Institutions: Council of the European Union
Subjects: EU police cooperation, European convention, Europol, data collection, exchange of information, information processing, information system

6.1.2004

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

COUNCIL ACT

of 27 November 2003

drawing up, on the basis of Article 43(1) of the Convention on the Establishment of a European
Police Office (Europol Convention), a Protocol amending that Convention

THE COUNCIL OF THE EUROPEAN UNION,

(2004/C 2/01)

Having regard to the Convention on the Establishment of a European Police Office (Europol
Convention) (1), and in particular Article 43(1) thereof,

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

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

Having regard to the opinion of the Management Board of Europol (4),

Whereas:

(1)

(2)

Pursuant to Article 30(2) of the Treaty on European Union, within a period of five years after the
is to promote
the Treaty of Amsterdam on 1 May 1999,
entry into force of
cooperation in a number of different areas, inter alia, through Europol.

the Council

The Tampere European Council in October 1999 stated that Europol has a key role with respect to
cooperation between Member States' authorities in the field of cross-border crime investigation in
supporting Union-wide crime prevention, analyses and investigation. The European Council called
on the Council to provide Europol with the necessary support,

HAS DECIDED to draw up the attached Protocol amending the Convention on the Establishment of a
European Police Office (Europol Convention), signed today by the representatives of the governments of
the Member States, and

RECOMMENDS that Member States adopt this Protocol in accordance with their respective constitutional
requirements.

Done at Brussels, 27 November 2003.

For the Council

The President

R. CASTELLI

(1) OJ C 316, 27.11.1995, p. 2.
(2) OJ C 172, 18.7.2002, p. 15.
(3) Opinion delivered on 9 April 2003 (not yet published in the Official Journal).
(4) Opinion delivered on 31 October 2002; additional opinion delivered on 24 June 2003.

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DECLARATION BY THE COUNCIL

The Council agrees that the instruction of Europol to deal with ‘fraud' as one of the forms of crime
referred to in the Annex to the Europol Convention confers, as far as tax fraud and customs fraud is
concerned, competences to Europol only in the field of improvement of the effectiveness and cooperation
of the competent authorities of the Member States responsible for the functioning of the criminal law
enforcement system and not their authorities responsible for ensuring the levying of taxes and customs
duties.

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Drawn up on the basis of Article 43(1) of the Convention on the Establishment of a European
Police Office (Europol Convention), amending that Convention

PROTOCOL

THE HIGH CONTRACTING PARTIES to this Protocol, Contracting Parties to the Convention on the
Establishment of a European Police Office (Europol Convention), Member States of the European Union,

REFERRING TO the act of the Council of the European Union of 27 November 2003,

Considering that:

(1)

(2)

(3)

(4)

The Europol Convention needs to be amended in the light of the discussions within the Council.

Europol needs to be given the necessary support and means to function effectively as the focal
point of European police cooperation.

The required changes need to be made to the Europol Convention so as to strengthen Europol's
operational support function with respect to the national police authorities.

The European Council has stated that Europol has a key role with respect to cooperation between
Member States' authorities in the field of cross-border crime investigation in supporting Union-wide
crime prevention, analyses and investigation. The European Council has called on the Council to
provide Europol with the necessary support,

HAVE AGREED UPON THE FOLLOWING PROVISIONS:

Article 1

smuggling, trade in human beings, motor vehicle crime
and the forms of crime listed in the Annex or specific
manifestations thereof.

The Europol Convention is hereby amended as follows:

1. Article 2 shall be replaced by the following:

‘Article 2

Objective

The objective of Europol

to the Treaty on European Union,

the effectiveness and cooperation of

1.
shall be, within the
framework of police cooperation between the Member
States pursuant
to
improve, by means of the measures referred to in this
Convention,
the
competent authorities in the Member States in preventing
and combating serious international crime where there are
factual indications or reasonable grounds for believing that
an organised criminal structure is involved and two or
more Member States are affected in such a way as to
require a common approach by the Member States owing
to the scale, significance and consequences of the offences
concerned. For
this Convention the
following forms of crime shall be considered as serious
international crime: crimes committed or
likely to be
committed in the course of terrorist activities against life,
limb, personal
freedom or property, unlawful drug
trafficking, illegal money-laundering activities, trafficking in
immigrant
nuclear

the purpose of

and radioactive

substances,

illegal

On a proposal

from the Management Board,

2.
the
Council shall unanimously lay down the priorities for
Europol in respect of the combating and prevention of the
forms of serious international crime within its mandate.

3.
Europol's competence as regards a form of crime or
specific manifestations thereof shall cover related criminal
offences. It shall, however, not cover offences predicate to
illegal money-laundering activities with regard to which
forms of crime Europol has no competence pursuant to
paragraph 1.

The following shall be regarded as related and shall be
taken into account in accordance with the procedures set
out in Articles 8 and 10:

— criminal offences committed in order to procure the
means for perpetrating acts within Europol's sphere of
competence,

— criminal offences committed in order to facilitate or
carry out acts within Europol's sphere of competence,

— criminal offences committed to ensure the impunity of

acts within Europol's sphere of competence.

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For

the purposes of

this Convention, “competent
4.
authorities” means all public bodies existing in the Member
States, which are responsible under national
law for
preventing and combating criminal offences.';

regard to the maintenance of law and order and the
safeguarding of internal security,';

(c) paragraph 7 shall be replaced by the following:

2. Article 3 shall be amended as follows:

(a) paragraph 3 shall be replaced by the following:

‘7.
The Heads of national units shall meet on a
regular basis to assist Europol, at their own motion or
on request, by giving advice.';

in addition,

In the context of its objective under Article 2(1),
‘3.
in accordance with the
Europol may,
staffing and budgetary resources at
its disposal and
within the limits set by the Management Board, assist
Member
and research in
through advice
particular in the following areas:

States

1.

training of members of their competent authorities;

2. organisation and equipment of

through facilitating the provision of
support between the Member States;

those authorities
technical

3. crime prevention methods;

4.

forensic
and
technical
investigative procedures.';

police methods

and

(b) the following paragraph shall be added:

the
‘4. Without prejudice to the Convention for
Prevention of Counterfeiting Currency,
signed at
Geneva on 20 April 1929, and the protocol thereto,
Europol shall also act as a European Union contact
point in its contacts with third States and organisations
for the suppression of counterfeit euro currency.';

3. Article 4 shall be amended as follows:

(a) paragraph 2 shall be replaced by the following:

and

Europol

The national unit shall be the only liaison body
‘2.
between
national
the
authorities. However, Member States may allow direct
contacts between designated competent authorities and
to conditions determined by the
Europol
Member State in question, including prior involvement
of the national unit.

competent

subject

contacts between Europol

The national unit shall at the same time receive from
Europol any information exchanged in the course of
direct
and designated
competent
authorities. Relationships between the
national unit and the competent authorities shall be
governed by national
the
relevant national constitutional requirements.';

in particular,

law, and,

(b)

‘as set out in Article K.2(2) of the
in paragraph 5,
Treaty on European Union,' shall be replaced by ‘with

4.

the following Article shall be inserted:

‘Article 6a

Information processing by Europol

In support of the execution of its tasks, Europol may also
process data for the purpose of determining whether such
data are relevant for its tasks, and can be included in the
computerised system of collected information referred to
in Article 6(1).

The Contracting Parties meeting within the Council, acting
with a two-thirds majority, shall determine conditions
related to the processing of such data, in particular with
respect to the access and usage of the data, as well as time
limits for the storage and deletion of the data that may not
exceed six months, having due regard to the principles
referred to in Article 14. The Management Board shall
prepare the decision of the Contracting Parties and consult
the joint supervisory body referred to in Article 24.';

5. Article 9 shall be amended as follows:

(a)

the first sentence of paragraph 1 shall be replaced by
the following:

‘1.
National units, liaison officers and the Director,
Deputy Directors or duly empowered Europol officials
shall have the right
to input data directly into the
information system and retrieve them therefrom.';

(b) the following paragraph shall be added:

‘4.
In addition to the national units and persons
referred to in paragraph 1, competent authorities
designated to this effect by the Member States may also
query the Europol
information system. However, the
the
result of
requested data is available in the Europol information
system. Further information may then be obtained via
the Europol national unit.

the query will only indicate whether

Information concerning the designated competent
including subsequent modifications, shall
authorities,
be transmitted to the General Secretariat of
the
Council, which shall publish the information in the
Official Journal of the European Union.';

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6. Article 10 shall be amended as follows:

(a)

in paragraph 1 the introductory part shall be replaced
by the following:

‘1. Where this is necessary to achieve the objective
laid down in Article 2(1), Europol may, in addition to
data of a non-personal nature, store, modify, and utilise
in other files data on criminal offences for which
including data on the related
Europol
criminal
second
in
subparagraph of Article 2(3) which are intended for
specific analyses and which concern:';

is competent,

provided

offences

the

for

(b) point 1 of paragraph 2, shall be replaced by the

following:

‘1. analysts and other Europol officials designated by

the Europol Directorate;'

(c)

the following subparagraph shall be added after point
2 of paragraph 2:

‘Only analysts shall be authorised to enter data into the
file concerned and modify such data; all participants
may retrieve data from the file';

(d) paragraph 5 shall be replaced by the following:

legal

instruments

international

In so far as Europol is entitled under European
‘5.
Union or
to gain
computerised access to data from other information
systems, Europol may retrieve personal data by such
means if this is necessary for the performance of its
to point 2 of Article 3(1). The
tasks pursuant
applicable provisions of
such European Union or
international legal instruments shall govern the use of
this data by Europol.';

(e)

the second sentence of paragraph 8 shall be replaced
by the following:

be

determined which Member

‘Any
data
dissemination or operational use of
communicated shall be decided on by the Member
If
State that communicated the data to Europol.
it
cannot
State
communicated the data to Europol, the decision on
dissemination or operational use of data shall be taken
by the participants in the analysis. A Member State or
an associated expert joining an analysis in progress
in particular, disseminate or use the data
may not,
without
the Member States
initially concerned.';

the prior agreement of

(f)

the following paragraph shall be added:

1. an agreement is in force between Europol and the
contains
third
State
appropriate
of
information, including the transmission of personal
data, as well as on the confidentiality of exchanged
information;

body, which
the
on

or
third
provisions

exchange

2.

3.

the association of the experts of the third State or
third body is in the interest of the Member States;

the third State or third body is directly concerned
by the analysis work; and

4. all participants within the meaning of paragraph 2
agree on the association of the experts of the third
State or
the
analysis group.

third body with the activities of

The association of experts of a third State or a third
body with the activities of an analysis group shall be
subject to an arrangement between Europol and the
third State or third body. The rules governing such
arrangements shall be determined by the Management
Board acting by a majority of
its
members.

two thirds of

third bodies

Details of the arrangements between Europol and third
States or
to the joint
supervisory body referred to in Article 24 which may
address any comments
it deems necessary to the
Management Board.';

shall be sent

7. Article 12 shall be replaced by the following:

‘Article 12

Order opening a data file

1.
For every computerised data file containing personal
data operated by Europol for the purpose of performing its
tasks referred to in Article 10, Europol shall specify in an
order opening the file:

1.

the file name;

2.

the purpose of the file;

3.

the groups of persons on whom data are stored;

4.

the nature of the data to be stored, and any of the data
listed in the first sentence of Article 6 of the Council
of Europe Convention of 28 January 1981 which are
strictly necessary;

Europol may invite experts of

‘9.
third States or
third bodies within the meaning of paragraph 4 to be
associated with the activities of an analysis group,
where:

5.

the type of personal data used to open the file;

6.

the supply or input of the data to be stored;

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7.

the conditions under which the personal data stored in
the file may be communicated, to which recipients and
under what procedure;

8.

the time limits for examining the data and the duration
of storage;

9.

the method of establishing the audit log.

The Management Board and the joint supervisory
2.
body provided for in Article 24 shall
immediately be
advised by the Director of Europol of the order opening
the file and shall receive the dossier.

this is permissible under the general rules within the
‘3.
meaning of paragraph 2; such rules may provide for a
deviation from point 2 in exceptional cases where the
Director of Europol considers the transmission of the data
to be absolutely necessary to safeguard the essential
interests of the Member States concerned within the scope
of Europol's objectives or in the interests of preventing
imminent danger associated with crime. The Director of
Europol
the
data-protection level in the State or body in question with
a view to balancing this data-protection level with the
interests referred to above.';

circumstances

consider

shall

all

in

10. Article 21(3) shall be replaced by the following:

The joint supervisory body may address any comments it
deems necessary to the Management Board. The Director
of Europol may request the joint supervisory body to do
this within a certain period of time.

‘3.
The need for continued storage of personal data
relating to individuals as referred to in Article 10(1) shall
be reviewed every year and the review documented.
Storage of such data in a data file referred to in Article 12
may not exceed the period of existence of the file.';

At any time the Management Board may instruct the
3.
Director of Europol to amend an opening order or close
the file. The Management Board shall decide on what date
any such amendment or closure will have effect.

4.
The data file may not be retained for a period of
more than three years. Before the three-year period has
expired, however, Europol shall review the need for the
continuation of the file. When it is strictly necessary for
the purpose of the file, the Director of Europol may order
the continuation of the file for a new period of three years.
The procedure to be followed in such cases shall be as
specified in paragraphs 1 to 3.';

8. Article 16 shall be replaced by the following:

‘Article 16

Provisions on control of retrievals

Europol shall establish appropriate control mechanisms to
allow the verification of the legality of retrievals from the
computerised system of collected information referred to
in Articles 6 and 6a.

The data thus collected shall be used only for this purpose
by Europol and the supervisory bodies referred to in
Articles 23 and 24 and shall be deleted after six months
unless the data are further required for ongoing control.
The details of such control mechanisms shall be decided
upon by the Management Board following consultation
with the joint supervisory body.';

9. Article 18 shall be amended as follows:

point 3 of paragraph 1 shall be replaced by the following:

11. the following paragraph shall be added to Article 22:

the principles laid down in this title concerning

‘4.
information processing shall apply to data in paper files.';

12. in Article 24(6)

the words

‘In accordance with the
procedure laid down in Title VI of the Treaty on European
Union, these shall be forwarded to the Council;' shall be
replaced by the following:

‘Such reports
Parliament and to the Council;'

shall be

forwarded to the European

13. in Article 26(3) the words ‘and of Title VI of the Treaty on

European Union' shall be deleted;

14. Article 28 shall be amended as follows:

(a) point 1 shall be replaced by the following:

‘1. shall take part in the establishment of the priorities
in respect of
the combating and
the forms of serious international

for Europol
prevention of
crime within its mandate (Article 2(2));'

(b) the following points shall be inserted:

‘3a.

take part

in the determination of

the
shall
conditions related to the processing of data for
the purpose of determining whether such data
are relevant for its tasks, and can be included
collected
computerised system of
in the
information (Article 6a);'

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‘4a.

shall determine by a majority of two thirds of
its members the rules governing arrangements
regarding the association of experts of a third
State or a third body with the activities of an
analysis group (Article 10(9));'

(c) point 7 shall be replaced by the following:

‘7. may instruct the Director of Europol to amend an
opening order or close the file (Article 12(3));'

(d) the following point shall be inserted:

‘14a.

shall, acting by a majority of two thirds of its
members, adopt rules for access to Europol
documents (Article 32a);'

(e) point 22 shall be replaced by the following:

‘22.

take part

shall
Convention or the Annex thereto (Article 43);'

in any amendment of

this

(f) paragraph 10 shall be replaced by the following:

Taking into account the priorities as set out by
‘10.
the Council
in accordance with Article 2(2) and the
update by the Director of Europol as referred to in
point 6 of Article 29(3), the Management Board shall
adopt unanimously each year:

1. a general report on Europol's activities during the

previous year;

2. a report on Europol's future activities taking into
account Member States' operational requirements
and
for
Europol.

implications

budgetary

staffing

and

Such reports shall be submitted to the Council to take
note and endorse. They shall also be forwarded by the
Council to the European Parliament for information.';

15. In Article 29(3):

— point 6 shall be replaced by the following:

‘6. on a regular basis, updating the Management Board
on the implementation of the priorities as referred
to in Article 2(2);'

— the following point shall be added:

‘7. all other tasks assigned to him in this Convention

or by the Management Board.';

17. the following Article shall be inserted:

‘Article 32a

Right of access to Europol documents

rules for access

On the basis of a proposal by the Director of Europol, the
Management Board, acting by a majority of two thirds of
its members, shall adopt
to Europol
documents for any citizen of the Union, and any natural or
legal person residing or having its registered office in a
Member State, taking account of the principles and limits
stated in the regulation of the European Parliament and of
the Council
European
Parliament, Council and Commission documents adopted
on the basis of Article 255 of the Treaty establishing the
European Community.';

regarding

public

access

to

18. Article 34 shall be replaced by the following:

‘Article 34

Informing the European Parliament

1.
The Council shall consult the European Parliament in
accordance with the consultation procedure laid down in
the Treaty on European Union on any initiative of a
Member State or proposal of the Commission pertaining
to the adoption of any measure referred to in Articles 10(1),
10(4), 18(2), 24(7), 26(3), 30(3), 31(1), 42(2), or should
this Convention or the Annex thereto be amended in any
way.

general

questions

2.
The Presidency of the Council or its representative
may appear before the European Parliament with a view to
to Europol. The
discuss
Presidency of
the Council or its representative may be
assisted by the Director of Europol. The Presidency of the
Council or its representative shall, with respect
to the
European Parliament, take into account the obligations of
discretion and confidentiality.

relating

3.
The obligations laid down in this Article shall be
without prejudice to the rights of national parliaments and
to the general principles applicable to relations with the
European Parliament pursuant to the Treaty on European
Union.';

19. the following shall be added to Article 35(4):

‘The five-year financing plan shall be sent to the Council. It
shall also be forwarded by the Council to the European
Parliament for information.';

16. in Article 30(1) ‘Title VI of' shall be deleted;

20. in Article 39(4)

the phrase starting with ‘the Brussels

Convention of' shall be replaced by the following:

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‘Council Regulation (EC) No 44/2001 of 22 December
2000 on jurisdiction and the recognition and enforcement
of judgments in civil and commercial matters.';

21. the following paragraph shall be added to Article 42:

shall

Europol

and maintain

‘3.
close
establish
cooperation with Eurojust, in so far as it is relevant for the
performance of the tasks of Europol and for achieving its
the need to avoid
objectives,
duplication of effort. The essential elements of
such
cooperation shall be determined by an agreement to be
established in accordance with this Convention and its
implementing measures.';

into account

taking

Convention of 20 December 1988 against Illicit
Traffic
Psychotropic
Substances and in the provisions amending or
replacing that Convention.';

in Narcotic Drugs

and

24. in Article 10(1) and (4), Article 18(2), Article 29(1), Article
29(6), Article 30(3), Article 31(1), Article 35(5) and (9),
Article 36(3), Article 40(1), Article 41(3), Article 42(2) and
Article 43(1), ‘in accordance with the procedure laid down
the Treaty on European Union' shall be
in Title VI of
deleted.

Article 2

22. Article 43 shall be amended as follows:

This Protocol shall be adopted by the Member States in

1.
accordance with their respective constitutional requirements.

(a)

in paragraph 1, ‘of Article K.1(9)' shall be deleted;

(b) paragraph 3 shall be replaced by the following:

2. Member States shall notify the Secretary-General of the
Council of
the
the completion of
constitutional procedures for the adoption of this Protocol.

the European Union of

‘3.
However, the Council, acting unanimously, may
decide, after the Management Board has discussed the
matter, to amend the Annex to this Convention by
adding other forms of serious international crime or
modifying the definitions therein.';

3.
This Protocol shall enter into force 90 days after the
notification referred to in paragraph 2 by the State which was
a member of the European Union at the time of adoption by
the Council of the Act establishing this Protocol and was the
last to complete the notification.

23. the Annex shall be amended as follows:

Article 3

(a)

the title shall be replaced by the following:

‘ANNEX

referred to in Article 2

If this Protocol enters into force in accordance with Article
2(3) prior to the entry into force of the Protocol drawn up on
the Convention on the
the basis of Article 43(1) of
Establishment
(Europol
Police Office
European
of
Convention) amending Article 2 and the Annex to that
Convention (1),
in accordance with Article 2(3) thereof, the
latter protocol shall be deemed to have been repealed.

a

List of other
forms of serious international crime
which Europol is competent to deal with in addition to
in
those
in Article 2(1)
compliance with Europol's objective as set out
in
Article 2(1)';

already provided

for

(b) the paragraph

beginning with ‘In addition,

in

accordance with Article 2(2)' shall be deleted;

Article 4

1.
This Protocol shall be open to accession by any State that
becomes a member of the European Union if it has not already
entered into force by the date of deposit of the instruments of
accession to the Europol Convention pursuant to Article 46
thereof.

(c)

in the paragraph beginning with ‘With regard to the
forms of crime listed in Article 2(2)', ‘Article 2(2)' shall
be replaced by ‘Article 2(1)';

The instruments of accession to this Protocol shall be
2.
deposited at the same time as the instruments of accession to
the Europol Convention pursuant to Article 46 thereof.

(d) the following indent shall be added after ‘signed at

Strasbourg on 8 November 1990.':

3.
The text of this Protocol in the language of the acceding
State, drawn up by the Council of the European Union, shall
be authentic.

‘— “unlawful drug trafficking” means

the criminal
offences listed in Article 3(1) of the United Nations

(1) OJ C 358, 13.12.2000, p. 2.

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If this Protocol has not already entered into force at the
4.
time of expiry of the period referred to in Article 46(4) of the
Europol Convention, it shall enter into force with respect to
any acceding State on the date on which the Protocol enters
into force in accordance with Article 2(3).

this Protocol,
Convention.

in accordance with Article 46 of the Europol

Article 5

5.
If this Protocol enters into force pursuant to Article 2(3)
prior to expiry of the period referred to in Article 46(4) of the
Europol Convention, but after deposit of the instrument of
accession referred to in paragraph 2, the acceding Member
State shall accede to the Europol Convention as amended by

The Secretary-General of the Council of the European

1.
Union shall act as depository of this Protocol.

2.
The depository shall publish in the Official Journal of the
European Union information on adoptions and accessions and
any other notification concerning this Protocol.

Hecho en Bruselas, el veintisiete de noviembre de dos mil tres.

Udfærdiget i Bruxelles, den syvogtyvende november to tusind og tre.

Geschehen zu Brüssel am siebenundzwanzigsten November zweitausendunddrei.

Έγινε στις Βρυξέλλες, στις είκοσι επτά Νοεµβρίου δύο χιλιάδες τρία.

Done at Brussels on the twenty-seventh day of November in the year two thousand and three.

Fait à Bruxelles, le vingt-sept novembre deux mille trois.

Arna dhéanamh sa Bhruiséil, an seachtú lá is fiche de Shamhain sa bhliain dhá mhile is a trí.

Fatto a Bruxelles, addì ventisette novembre duemilatre.

Gedaan te Brussel, de zevenentwintigste november tweeduizenddrie.

Feito em Bruxelas, em vinte e sete de Novembro de dois mil e três.

Tehty Brysselissä kahdentenakymmenentenäseitsemäntenä päivänä marraskuuta vuonna kaksituhattakolme.

Som skedde i Bryssel den tjugosjunde november tjugohundratre.

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Pour le gouvernement du Royaume de Belgique
Voor de Regering van het Koninkrijk België
Für die Regierung des Königreichs Belgien

For regeringen for Kongeriget Danmark

Für die Regierung der Bundesrepublik Deutschland

Για την κυβέρνηση της Ελληνικής ∆ηµοκρατίας

Por el Gobierno del Reino de España

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Pour le gouvernement de la République française

Thar ceann Rialtas na hÉireann
For the Government of Ireland

Per il governo della Repubblica italiana

Pour le gouvernement du Grand-Duché de Luxembourg

Voor de Regering van het Koninkrijk der Nederlanden

C 2/12

EN

Official Journal of the European Union

6.1.2004

Für die Regierung der Republik Österreich

Pelo Governo da República Portuguesa

Suomen hallituksen puolesta
På finska regeringens vägnar

På svenska regeringens vägnar

For the Government of the United Kingdom of Great Britain and Northern Ireland