Decision No 1/2006 of the Joint Supervisory Body of Europol of 26 June 2006 amending its rules of procedure
Date: 2006-06-26
Institutions: Europol
Subjects: Europol, rules of procedure, supervisory power

19.12.2006

EN

Official Journal of the European Union

C 311/13

DECISION No 1/2006 OF THE JOINT SUPERVISORY BODY OF EUROPOL

of 26 June 2006

amending its rules of procedure

(2006/C 311/04)

THE JOINT SUPERVISORY BODY,

(c) to enable Europol to fulfil its duties properly;

Having regard to the Convention on the establishment of a
European Police Office (Europol Convention) (1),

Having regard to Act No 1/99 of the Joint Supervisory Body of
Europol of 22 April 1999 laying down its rules of procedure (2),
and in particular Article 32 thereof,

Whereas detailed rules on public access to documents of the
Joint Supervisory Body should be introduced in its rules of
procedure,

HAS DECIDED AS FOLLOWS:

Article 1

The Joint Supervisory Body's
amended in accordance with the provisions of this Article.

rules of procedure shall be

1) Article 6(4) shall be replaced by the following:

‘4.
The meetings of the Joint Supervisory Body shall not
be public. However, its documents shall be accessible to the
public in accordance with Article 6a.’;

2) the following Article shall be inserted:

‘Article 6a

Public access to document

Any natural or legal person has a right of access to
the Joint Supervisory Body, subject to the

1.
documents of
principles, conditions and limits defined in this Article.

2.
Documents relating to appeals before the committee
established in accordance with Article 24(7) of the Conven-
tion are exempt from this Article.

3. Without prejudice to paragraphs 4 and 5, documents
shall be made accessible to the public either following a
written application or directly in electronic form.

The Joint Supervisory Body shall refuse access to a

4.
document where such refusal is necessary in order:

(a) to protect security and public order in the Member

States or to prevent crime;

(b) to protect the rights and freedoms of third parties;

(1) OJ C 316, 27.11.1995, p. 1.
(2) OJ C 149, 28.5.1999, p. 1.

(d) to enable the Joint Supervisory Body to fulfil its duties

properly;

considerations which cannot be overridden by the interests
of the applicant.

5. Where the Joint Supervisory Body holds a document
received from a third party, or which contains information
on a third party, the Joint Supervisory Body shall consult
that third party with a view to assessing whether an excep-
tion under paragraph 4 is applicable, unless it is clear that
the document shall or shall not be disclosed. Access to docu-
ments received from Europol shall also be subject to the
the
confidentiality rules referred to in Article 31(1) of
Convention.

If exceptions apply only to parts of the requested docu-

6.
ment, the rest of the document shall be disclosed.

7.
Applications for access to a document shall be made in
any written form, including electronic form, in one of the
official languages of the institutions of the European Union
and in a sufficiently precise manner to enable the Joint
Supervisory Body to identify the document. The applicant
shall not be obliged to state reasons for the application.

8.
If an application is not sufficiently precise, the Joint
Supervisory Body shall ask the applicant to clarify the appli-
cation and shall assist the applicant in doing so.

9.
If an application relates to a very long document or to
a very large number of documents, the Joint Supervisory
Body may confer with the applicant informally, with a view
to finding a fair solution.

10.
The Joint Supervisory Body shall provide information
and assistance to citizens on how and where applications for
access to documents can be made.

11.
The Joint Supervisory Body shall promptly register an
application for access to a document and shall send the
applicant an acknowledgement. Within 20 working days
from registration of the application, the chairman of the
Joint Supervisory Body shall either grant access to the docu-
ment requested and provide access in accordance with para-
graph 14 within that period or, in a written reply, state the
reasons for total or partial refusal and inform the applicant
of his or her right to make a follow-up application in accord-
ance with paragraph 13.

12.
In exceptional cases, for example in the event of an
application relating to a very long document or in case a
third party must be consulted, the time limit provided for in
paragraph 11 may be extended by 20 working days,
provided that the applicant is notified in advance and that
detailed reasons are given.

C 311/14

EN

Official Journal of the European Union

19.12.2006

13. Within 20 working days of receiving a total or partial
refusal from the Joint Supervisory Body, the applicant may
make a follow-up application asking the Joint Supervisory
Body to reconsider.

14.
The applicant shall have access to documents either
by consulting them on the spot or by receiving a copy,
including, where available, an electronic copy, according to
the applicant's preference. The cost of producing and
sending copies of 20 or more A4 pages may be charged to
the applicant, but the charge may not exceed the real cost of
producing and sending the copies. Consultation on the spot,
copies of fewer than 20 A4 pages and direct access in elec-
tronic form shall be free of charge.

15.
If a document has already been disclosed by the Joint
Supervisory Body or other institutions and is easily accessible
to the applicant, the Joint Supervisory Body may fulfil
its
obligations by informing the applicant how to obtain the
document.’;

3) Article 10(2) shall be replaced by the following paragraphs:

‘2.
The Joint Supervisory Body's activity report shall be
submitted to the relevant committee in the European Parlia-
ment at the same time as it is sent to the Council.

The Joint Supervisory Body shall publish its activity

3.
report.’.

Article 2

These amendments to the rules of procedure shall enter into
force on the day following their approval by the Council
in
accordance with Article 24(7) of the Convention (*).

Done at Brussels, 26 June 2006.

For the Joint Supervisory Body

The Chairman

Emilio ACED FÉLEZ

(*) The internal Regulation had been approved by the Council on

4 December 2006.