Proposal for a Council Decision establishing the European Police Office (Europol) {SEC(2006) 1682} {SEC(2006) 1683}
Date: 2006-12-20
Institutions: European Commission
Subjects: Community budget, EU police cooperation, Europol, data protection, information processing, operation of the Institutions, powers of the institutions (EU)

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 20.12.2006 
COM(2006) 817 final 

2006/0310 (CNS) 

Proposal for a 

COUNCIL DECISION 

establishing the European Police Office (EUROPOL) 

(presented by the Commission) 

{SEC(2006) 1682} 
{SEC(2006) 1683} 

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EXPLANATORY MEMORANDUM 

1. CONTEXT OF THE PROPOSAL 

● Grounds for and objectives of the proposal 

The European Police Office (Europol) was created in 1995, on the basis of a Convention between 
Member States1. Europol was the first organisation set up under the provisions of the Treaty on 
European  Union.  At  that  time,  international  organised  crime  was  not  so  widespread  and 
European co-operation on justice and home affairs was mainly limited to the TREVI-framework.  

Since then, a significant acquis has been adopted in this area, including instruments establishing 
other bodies set up by virtue of Council Decisions such as Eurojust and CEPOL (the European 
Police College). The main advantage of a Decision over a Convention is that it is relatively easy 
to adapt to changing circumstances because it does not require ratification. 

This  is  particularly  relevant  for  Europol  as  an  organisation,  since  experience  has  demonstrated 
that there is a recurrent need to adapt its legal basis. Since its adoption in 1995, three different 
Protocols have been adopted to amend the Europol Convention, respectively in 2000, 2002 and 
2003, which include provisions which will significantly improve Europol's effectiveness2. At the 
time of writing, none of these instruments have entered into force yet, due to the fact that not all 
Member States have ratified them.  

In addition discussions on Europol's functioning have demonstrated that even after the entry into 
force  of  the  three  Protocols,  further  improvements  to  Europol's  functioning  are  still  desirable. 
This is partly due to the emergence or increase of new security threats such as terrorism, which 
pose  new  challenges  to  Europol  and  require  novel  approaches.  Moreover,  improved  sharing  of 
information  and  implementation  of  the  principle  of  availability  as  supported  in  the  Hague 
Programme, make it necessary to further adapt Europol's legal framework while maintaining an 
emphasis on robust data protection provisions.  

A significant change which is proposed is that Europol should be financed from the Community 
budget. This will put Europol on an equal footing with Eurojust and CEPOL and increase the role 
of the European Parliament in the control of Europol, thus enhancing democratic oversight over 
Europol  at  European  level.  Application  of  the  EU  Staff  Regulations  will  also  bring  significant 
simplification. This is in line with the resolution adopted by the European Parliament3.  

The current proposal aims at establishing Europol on the basis of a Council Decision, including 
all the amendments already incorporated in the three Protocols, as well as further improvements 
to address the new challenges faced by Europol. 

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OJ C 316, 27.11.1995, p. 1. 
OJ C 358, 13.12.2000, p. 1, OJ C 312, 16.12.2002, p. 1, OJ C 2, 6.1.2004, p. 1. 
Cf.. Resolution No B6-0625/2006 of the European Parliament of 30 November 2006 on the progress made 
in the establishment of an area of Freedom, Security and Justice. 

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● General context 

The discussions on Europol's legal basis are not new. Already in 2001, the possibility to replace 
the Europol Convention by a Council Decision was discussed by the Council. At that time, it was 
decided to address the issue in the European Convention and the subsequent Intergovernmental 
Conference  which  prepared  the  Constitutional  Treaty.  The  current  Article  III-276  of  the 
Constitutional Treaty incorporates the vision which emerged on Europol's future, which has been 
taken into consideration in the preparation of the proposal. 

More recently, the Austrian Presidency of the Council has put Europol's future firmly back on the 
political  agenda.  Starting  with  a  discussion  at  the  informal  JHA  Council  in  January  2006, 
followed  by  a  High  Level  Conference  on  Europol's  future  in  February,  work  has  continued 
through  a  number  of  meetings  of  a  Friends  of  the  Presidency  Group,  whose  work  has  been 
consolidated  in  an  Options  paper  (Council  document  9184/1/06  rev  1)  on  ways  to  improve 
Europol's  functioning.  A  significant  number  of  these  require  amendments  to  Europol's  legal 
framework. These options have been carefully considered in the preparation of this proposal. 

In  addition,  Council  Conclusions  on  the  future  of  Europol  were  discussed  within  the  Council 
structures and agreed at the JHA Council in June 2006. These Conclusions provide clear political 
guidelines on how the work on Europol's future is to be taken forward. In particular Conclusion 4 
reads: "Competent Council bodies should commence work in order to consider whether and how 
to  replace  by  1  January  2008,  or  as  soon  as  possible  thereafter,  the  Europol  Convention  by  a 
Council Decision as foreseen in Article 34(2)(c) TEU, where possible on the basis of a concrete 
initiative or proposal".  

● Existing provisions in the area of the proposal 

At the current time, Europol's legal framework is the Europol Convention, which establishes the 
organisation,  determines  its  competence,  tasks  and  management,  and  includes  provisions  with 
respect  to  its  organs,  its  staff  and  budget.  The  Convention  also  contains  a  large  number  of 
provisions on data processing, data protection and other issues, including the rights of citizens. In 
addition  to  the  Europol  Convention,  a  significant  amount  of  secondary  legislation  has  been 
adopted, both by the Council and by Europol's Management Board. All these legal instruments 
have been taken into consideration in the preparation of the proposal. 

An important consideration in the preparation of the proposal has been to ensure that there will 
be  a  smooth  transition  process  from  the  current  situation  to  the  situation  envisaged  by  this 
proposal.  A  significant  number  of  transitional  provisions  have  been  included  to  ensure  that  the 
process will not interfere with Europol's operational work, and that existing rights of staff are not 
prejudiced.  

● Consistency with the other policies and objectives of the Union 

The  proposal  is  consistent  with  existing  policies  and  objectives  of  the  European  Union,  in 
particular  the  objective  to  improve  the  effectiveness  of  the  law  enforcement  authorities  of  the 
Member States in preventing and combating serious forms of crime. 

In  the  preparation  of  the  proposal,  account  has  also  been  taken  of  the  recent  Commission 
proposals with respect to the exchange of information under the principle of availability, as well 
as  with  respect  to  the  protection  of  personal  data  processed  in  the  framework  of  police  and 
judicial cooperation in criminal matters. 

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The Decision also seeks to ensure full respect for the right to freedom and security, the right to 
respect for private and family life, the right to protection of personal data and the principles of 
legality and proportionality of criminal offences and penalties (Articles 6, 7, 8, 48 and 49 of the 
Charter of Fundamental Rights of the European Union). 

The  processing  of  personal  data  pursuant  to  this  Decision  will  be  done  in  accordance  with  the 
Council Framework Decision 2007/XX/JHA on the protection of personal data processed in the 
framework  of  police  and  judicial  co-operation  in  criminal  matters,  and  in  accordance  with 
specific provisions contained in this draft proposal, many of which were already incorporated in 
the Europol Convention. 

2. CONSULTATION OF INTERESTED PARTIES AND IMPACT ASSESSMENT 

● Consultation of interested parties 

The  Commission  did  not  organise  a  dedicated  round  of  consultations  with  stakeholders.  The 
reason for this is that, as described above, the Austrian Presidency had  already  organised  what 
could be described as a wide consultation process at all levels. This process included discussions 
at the Ministerial level, at the level of the Article Thirty Six Committee (CATS) and at the level 
of  technical  experts,  including  data  protection  experts.  As  indicated  above,  the  results  of  this 
work have been taken into careful consideration in the preparation of the proposal.  

● Collection and use of expertise 

There was no need for external expertise. 

● Impact assessment 

A number of alternative options were considered before submitting the present proposal.  

The  first  option  was  to  leave  the  situation  as  it  is.  That  option  was  discarded,  given  the  clear 
difficulties which are currently experienced with the procedures for amendment of  the  Europol 
Convention. An effective European law enforcement organisation can not function to the best of 
its capacities if changes to its main legal instrument can only enter into force several years after 
they have been decided. In addition, consultations during the Austrian Presidency demonstrated 
that  many  options  to  further  improve  Europol's  functioning  were  supported  by  the  Member 
States. 

A second option, also discarded, was to replace the Europol Convention by a Council Decision, 
but  to  propose  at  the  same  time  a  Protocol  to  abrogate  the  Europol  Convention  since  some 
experts indicated that the entry into force of such a Protocol would be necessary before a Europol 
Council  Decision  could  enter  into  force.  The  main  disadvantage  of  this  option  is  clearly  that  a 
Protocol abrogating the Europol Convention would itself be an instrument which would require a 
long process of ratification by all the Member States.  

After careful legal analysis, Commission Staff Working Document - SEC(2006) 851, 21.6.2006 - 
outlined  the  main  reasons  why  the  Commission  is  of  the  view  that  it  is  possible  to  replace  the 
Europol  Convention  by  a  Council  Decision  without  the  need  for  a  Protocol  abrogating  the 
Europol Convention.  

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A  third  option  would  have  been  to  replace  the  Europol  Convention  by  a  Council  Decision 
without stipulating that Europol would be financed from the Community budget. However, this 
method  of  financing  derives  from  Article  41(3)  TEU,  which  provides  for  the  general  rule  that 
unless unanimously decided otherwise by the Council, operational expenditure arising out of the 
implementation  of  Title  VI  will  be  charged  to  the  budget  of  the  European  Communities. 
Moreover  amounts  for  such  financing  are  already  included  in  the  budget  planning  under  the 
Financial framework 2007-2013. 

3. LEGAL ELEMENTS OF THE PROPOSAL 

● Summary of the proposed action 

The proposal aims to replace the Europol Convention by a Council Decision. It incorporates the 
amendments to the convention introduced by the three Protocols such as extension of Europol's 
mandate  and  tasks  to  cover  money  laundering,  assistance  in  the  field  of  crime  prevention, 
technical and forensic police methods, the possibility to participate in joint investigation teams or 
request  Member  States  to  conduct  or  coordinate  investigations  and  greater  information  of  the 
European Parliament.  

The proposal  provides for  financing  of Europol from the budget of the European Communities 
and  application  of  the  EU  Staff  Regulations,  which  will  increase  the  involvement  of  the 
European  Parliament  in  the  management  of  Europol,  and  will  simplify  the  procedures  for 
managing the budget and staff of Europol.  

To increase the effectiveness of Europol's functioning, the proposal contains improvements with 
respect to the mandate and tasks of Europol, as well as in the areas of data processing and data 
protection. 

Modifications in the mandate and tasks: 

The  proposal  extends  the  mandate  of  Europol  to  criminality  which  is  not  strictly  related  to 
organised  crime  (Article  4).  This  will  ease  support  provided  by  Europol  to  Member  States  in 
relation  to  cross-border  criminal  investigations  where  involvement  of  organised  crime  is  not 
demonstrated from the start.  

The text provides for a legal basis for Europol to receive data from private bodies, in line with 
recommendation No 22 of the Friends of the Presidency report (Article 5(1)). 

The possibility to support to a Member State in connection with a major international event with 
a public order policing impact is also introduced (Article 5(1)(f)). 

New information processing tools and increased efficiency of existing ones: 

Europol’s main existing tools are the Europol Information System and the Analysis Work Files. 

In  so  far  as  necessary  to  achieve  its  objectives,  Europol  shall  be  entitled  to  manage  new 
information  processing  tools  for  instance  on  terrorist  groups  or  on  child  pornography  (Article 
10). The Council shall determine the conditions related to the processing of personal data in such 
systems. 

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Europol shall make every effort to ensure that its data processing systems are interoperable with 
the data processing systems in the Member States and with the data processing systems in use by 
the European Union related bodies with which Europol may establish relations. This will create 
the technical conditions for smooth exchange of data, provided legal frameworks allow such an 
exchange and without prejudice to basic principles of data protection (Article 10(5)).  

The Europol Information System shall  be  directly accessible for  consultation by  national units. 
The obligation under Article 7(1) of the Europol Convention to demonstrate a need for a specific 
enquiry in order to obtain full access via the liaison officers was considered too cumbersome to 
implement in practice without jeopardizing the efficiency of the work (Article 11). 

The frequency for review of the need for continued storage of data in data files held by Europol 
is  extended  from  one  year  to  three  years  after  the  input  of  data,  to  reduce  the  administrative 
burden for the analysts working on these files (Article 20). The review period of three years also 
corresponds with the period foreseen under Article 16(4) where for each analysis file it needs to 
be  determined  whether  there  is  a  need  for  its  continuation.  A  reduction  in  the  administrative 
burden  for  the  analysts  means  that  they  can  focus  on  their  main  objective  to  provide  criminal 
analysis services. 

New provisions in the data protection framework: 

The  processing  of  personal  data  pursuant  to  this  Decision  will  be  done  in  accordance  with  the 
Council Framework Decision 2007/XX/JHA on the protection of personal data processed in the 
framework  of  police  and  judicial  co-operation  in  criminal  matters,  and  in  accordance  with 
specific provisions contained in this draft proposal, many of which were already incorporated in 
the Europol Convention.  

Where  new  possibilities  are  created  for  Europol  to  process  personal  data,  such  processing  may 
only take place in accordance with clear and precise legal regulations, which must be approved 
by the Council.  

Analysis work files shall be retained for a maximum of three years. When it is strictly necessary 
for the purpose of the file, Analysis Work Files may be continued for further periods of 3 years, 
after informing the Management Board and consulting of the joint supervisory body (Article 16). 

To detect any undue access to data, control mechanisms to allow the verification of the legality 
of  retrievals  from  automated  data  files  used  to  process  personal  data  will  be  enhanced  by 
extending the duration of conservation of audit data from six months to eighteen months (Article 
18). 

Data protection will be enhanced by the establishment of a Data Protection Officer who will be 
completely independent (Article 27).  

● Legal basis 

Article 30(1) (b), Article 30(2) and Article 34(2)(c) of the Treaty on European Union. 

● Subsidiarity principle 

The subsidiarity principle applies to the actions of the Union. 

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The  objectives  of  the  proposal  cannot  be  sufficiently  achieved  by  the  Member  States  for  the 
following reason(s). 

It is not possible to establish a European Union body through action by the Member States alone, 
who  need  to  combine  their  effort  to  better  tackle  serious  cross-border  crime  and  terrorism, 
notably through centralised analysis and exchange of information. 

The scope of the proposal is limited to providing Europol with those instruments which make it 
possible  to  assist  and  support  the  law  enforcement  authorities  of  the  Member  States,  and  to 
increasing Europol's possibilities for doing so.  

The proposal therefore complies with the subsidiarity principle. 

● Proportionality principle 

The proposal complies with the proportionality principle for the following reason(s). 

In  line  with  the  Europol  Convention,  the  proposal  is  limited  to  regulating  the  institutional 
framework  and  data  processing  and  data  protection  measures  necessary  to  ensure  that  Europol 
can  function  effectively.  Where  appropriate,  reference  is  made  to  national  law,  which  for 
example  determines  which  data  can  be  shared  with  Europol  and  under  what  conditions. 
Proportionality  has  also  been  taken  into  consideration  in  establishing  Europol's  competence, 
which is limited to the forms of serious crime listed in the Framework Decision on the European 
Arrest Warrant. 

The  financial  burden  falling  upon  the  Community  as  a  consequence  of  the  proposal  is 
proportionate to the current costs born  by the Member States to finance Europol. The  proposal 
will diminish the  administrative burden through alignment with Community procedures  and by 
avoiding the need for ratification procedures of amendments to Europol's legal instrument. 

● Choice of instruments 

A  Council  Decision  based  on  Article  34(2)(c)  TEU  is  the  most  appropriate  instrument  for 
establishing  a  body  under  Title  VI  TEU.  Since  the  aim  of  the  proposal  is  not  to  approximate 
Member States legislation, a Framework Decision would not have been appropriate. 

4. BUDGETARY IMPLICATION 

Under  the  Financial  framework  2007-2013,  a  total  of  334  million  Euro  has  been  set  aside  to 
finance  Europol  from  the  Community  budget  for  the  years  2010-2013.  These  figures  are 
consistent with Europol's most recent five-year financing plan. Europol's annual budget for 2007 
is close to 68 million Euro. The total number of staff employed from that budget in 2007 will be 
406. 

5. ADDITIONAL INFORMATION 

● Simulation, pilot phase and transitory period 

There will be a transitory period for the proposal. 

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● Simplification 

The proposal provides for significant simplification of administrative procedures both for EU and 
national  public  authorities,  notably  by  avoiding  adoption  of  a  number  of  legal  instruments  and 
decisions  linked  to  the  management  of  budget  and  staff,  and  aligning  the  functioning  with 
common practice of other EU bodies and agencies.  

● Repeal of existing legislation 

The adoption of the proposal will lead to the repeal of existing legislation. 

● Recasting 

The proposal involves recasting. 

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2006/0310 (CNS) 

Proposal for a 

COUNCIL DECISION 

establishing the European Police Office (EUROPOL) 

THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty on European Union, and in particular Article 30(1)(b), Article 30(2) 
and Article 34(2)(c) thereof, 

Having regard to the proposal from the Commission4, 

Having regard to the opinion of the European Parliament5, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

The  establishment  of  a  European  Police  Office  (Europol)  was  agreed  in  the  Treaty  on 
European  Union  of  7  February  1992,  and  regulated  in  the  Convention  based  on  Article 
K.3 of the Treaty on European Union, on the establishment of a European Police Office 
(“the Europol Convention”)6. 

The  Europol  Convention  has  been  the  subject  of  a  number  of  proposed  amendments 
enshrined in three protocols which have yet to enter into force, due to the lengthy process 
of  ratification  associated  with  such  amendments  and  the  replacement  of  the  Convention 
by a Decision will ease further amendments as necessary. 

Simplification and improvement of Europol’s legal framework can be partially achieved 
through  establishing  Europol  as  an  agency  of  the  European  Union,  funded  from  the 
general  budget  of  the  European  Communities,  due  to  the  subsequent  application  of  the 
general rules and procedures for such bodies to Europol. 

Recent legal instruments setting up agencies or bodies of the European Union in the areas 
covered by Title VI of the Treaty on European Union (Council Decision of 28 February 
2002 setting up Eurojust with a view  to  reinforcing the fight against serious crime7 and 
the  Council  Decision  of  20  September  2005  establishing  the  European  Police  College 
(CEPOL)  and  repealing  Decision  2000/820/JHA8)  have  taken  the  form  of  Council 
decisions, since such decisions are more easily adaptable to changing circumstances and 
emerging political priorities. 

4 

5 

6 

7 

8 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ C 316, 27.11.1995, p. 1. 
OJ L 63, 6.3.2002, p. 1. 
OJ L 256, 1.10.2005, p. 63. 

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(5) 

(6) 

(7) 

(8) 

(9) 

Establishing  Europol  as  an  agency  of  the  European  Union,  funded  from  the  general 
budget of the European Communities will enhance the role of the European Parliament in 
the  control  over  Europol,  through  the  involvement  of  the  European  Parliament  in  the 
adoption of the budget. 

Submitting  Europol  to  the  general  rules  and  procedures  applicable  to  other  bodies  and 
agencies will ensure an administrative simplification which will allow Europol to devote 
more of its resources to its core tasks. 

Further simplification and improvement of Europol’s functioning can be achieved through 
measures  aimed  at  widening  the  possibilities  for  Europol  to  assist  and  support  the 
competent  law  enforcement  authorities  of  the  Member  States,  without  providing  for 
executive powers for Europol officials. 

One of these improvements is to ensure that Europol can assist the competent authorities 
of  the  Member  States  in  combating  specific  forms  of  serious  crime,  without  the  current 
limitation  that  there  must  be  factual  indications  that  an  organised  criminal  structure  is 
involved. 

The  designation  of  Europol  as  a  European  Union  contact  point  for  the  suppression  of 
counterfeit  Euro  currency  is  without  prejudice  to  the  Convention  for  the  Prevention  of 
Counterfeiting Currency, signed at Geneva on 20 April 1929, and the protocol thereto.  

(10)  Europol  National  units  should  have  direct  access  to  all  data  in  the  Europol  Information 

System to avoid unnecessary procedures. 

(11)  This  Decision  is  in  line  with  the  Council  Framework  Decision  2007/XX/JHA  on  the 
protection of personal data processed in the framework of police and judicial cooperation 
in criminal matters; 

(12)  Regulation  (EC)  No  45/2001  of  the  European  Parliament  and  of  the  Council  of  18 
December 2000 on the protection of individuals with regard to the processing of personal 
data by the Community institutions and bodies and on the free movement of such data9 
applies with regard to data processed under Community law, notably as regards personal 
data relating to Europol staff. 

(13)  There is a need for a data protection officer who should be responsible for ensuring, in an 
independent manner, lawfulness of data processing and compliance with the provisions of 
this  Decision  concerning  the  processing  of  personal  data,  including  the  processing  of 
personal  data  on  Europol  staff  which  is  protected  by  Article  24  of  Regulation  (EC)  No 
45/2001. 

(14) 

In  addition  to  simplifications  of  the  provisions  concerning  existing  data  processing 
systems, Europol's possibilities for creating and managing other data processing tools in 
support of its tasks should be widened; such data processing tools should be established 
and  maintained  in  accordance  with  general  principles  of  data  protection,  but  also  in 
accordance with detailed rules to be established by the Council. 

9 

OJ L 8, 12.1.2001, p. 1. 

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(15)  Cooperation of the joint supervisory body with the European Data Protection Supervisor 

should be ensured. 

(16)  For  the  purpose  of  fulfilling  its  mission,  it  is  appropriate  that  Europol  cooperates  with 
European bodies and agencies ensuring an adequate level of data protection in conformity 
with Regulation (EC) No 45/2001. 

(17)  Europol  should  also  cooperate  with  Eurojust,  which  ensures  an  adequate  level  of  data 

protection in conformity with the Decision establishing it. 

(18)  Europol  should  be  able  to  conclude  working  arrangements  with  Community  and  Union 
related bodies and agencies in order to increase mutual effectiveness in combating serious 
forms  of  crime  which  fall  in  the  respective  competence  of  both  parties  and  to  avoid 
duplication of work. 

(19)  Europol's  possibilities  for  co-operating  with  third  countries  and  bodies  should  be 
rationalised  in  order  to  ensure  consistency  with  the  general  policy  of  the  Union  in  this 
respect,  and  through  new  provisions  on  how  such  co-operation  is  to  take  place  in  the 
future.  

(20)  The governance of Europol should be improved through simplified procedures and more 
general descriptions of the tasks of the Management Board, through limiting the number 
of  meetings  of  the  Management  Board,  and  establishment  of  a  common  rule  that  all 
decisions should be taken by a two-thirds majority. 

(21)  Provisions for  enhanced control over Europol through the European Parliament are also 
desirable to ensure that Europol remains a fully accountable and transparent organisation, 
with  due  account  being  taken  of  the  necessity  to  safeguard  the  confidentiality  of 
operational information. 

(22) 

(23) 

Judicial  control  over  Europol  will  be  exercised  in  accordance  with  Article  35  of  the 
Treaty on European Union. 

In order to enable Europol to continue to fulfil its tasks to the best of its abilities, carefully 
designed transitional measures should be laid down. 

(24)  Since  the  objectives  of  this  Decision,  namely  the  need  for  establishing  an  agency 
responsible for law enforcement cooperation at EU level, cannot be sufficiently achieved 
by the Member States and can, therefore, by reason of the scale and effects of the action, 
be  better  achieved  at  the  level  of  the  Union,  the  Council  may  adopt  measures  in 
accordance  with  the  principle  of  subsidiarity,  referred  to  in  Article  2  of  the  Treaty  on 
European  Union  and  defined  in  Article  5  of  the  Treaty  establishing  the  European 
Community. In accordance with the principle of proportionality, this Decision does not go 
beyond what is necessary in order to achieve those objectives. 

(25)  This  Decision  respects  the  fundamental  rights  and  observes  the  principles  recognised  in 

particular by the Charter of Fundamental Rights of the European Union, 

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HAS DECIDED AS FOLLOWS:  

CHAPTER I - ESTABLISHMENT AND TASKS 

Article 1  
Establishment 

This Decision establishes a European Police Office, hereinafter referred to as 'Europol', 
as an agency of the Union. Europol shall have its seat in The Hague, the Netherlands. 

Europol  shall  be  regarded  as  the  legal  successor  of  Europol,  as  established  by  the 
Convention based on Article K.3 of the Treaty on European Union, on the establishment 
of a European Police Office (“the Europol Convention”). 

Article 2 
Legal capacity 

Europol shall have legal personality. 

Europol  shall  enjoy  in  each  Member  State  the  most  extensive  legal  and  contractual 
capacity  available  to  legal  persons  under  that  State's  law.  Europol  may  in  particular 
acquire  and  dispose  of  movable  or  immovable  property  and  be  a  party  to  legal 
proceedings. 

Europol shall be empowered to conclude a headquarters agreement with the Kingdom of 
the Netherlands.  

1. 

2. 

1. 

2. 

3. 

Article 3 
Objective 

The objective of Europol shall be to support and strengthen action by the competent authorities 
of the Member States and their mutual co-operation in preventing and combating serious crime 
and terrorism. For the purposes of this Decision, 'competent authorities' means all public bodies 
existing  in  the  Member  States,  which  are  responsible  under  national  law  for  preventing  and 
combating criminal offences. 

Article 4 
Competence 

1. 

2. 

3. 

The  competence  of  Europol  shall  cover  serious  crime  affecting  two  or  more  Member 
States, in particular organised crime and terrorism. 

For  the  purposes  of  this  Decision,  the  forms  of  crime  laid  down  in  Annex  I  to  this 
Decision shall be regarded as serious crime.  

Europol's competence shall also cover related criminal offences. The following offences 
shall be regarded as related criminal offences: 

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–  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. 

4. 

The  Council,  acting  by  a  qualified  majority  after  consulting  the  European  Parliament, 
shall lay down the priorities for Europol in respect of the combating and prevention of 
the  forms  of  crime  within  Europol's  sphere  of  competence,  taking  account  of  the 
prioritisation mechanisms of the European Union in the area of competence of Europol. 

1. 

Europol shall have the following principal tasks: 

Article 5  
Tasks 

(a) 

(b) 

(c) 

(d) 

(e) 

(f) 

the  collection,  storage,  processing,  analysis  and  exchange  of  information  and 
intelligence forwarded by the authorities of the Member States or third countries 
or other public or private entities; 

the coordination, organisation and implementation of investigative and operational 
action carried out jointly with the Member States’ competent authorities or in the 
context of joint investigation teams, where appropriate in liaison with European or 
third countries bodies; 

to  notify  the  competent  authorities  of  the  Member  States  without  delay  of 
information concerning them and of any connections identified between criminal 
offences; 

to aid investigations in the Member States by forwarding all relevant information 
to the national units; 

to  ask  the  competent  authorities  of  the  Member  States  concerned  to  conduct  or 
coordinate investigations in specific cases; 

to  provide  intelligence  and  analytical  support  to  a  Member  State  in  connection 
with a major international event with a public order policing impact.  

2. 

3. 

The  tasks  specified  in  paragraph  1  shall  include  the  co-ordination  of  investigative 
actions into criminal activities committed using the Internet, in particular with respect to 
terrorism-related  offences  and  the  distribution  of  child  pornography  and  other  illegal 
material, as well as monitoring the Internet to assist in the identification of such criminal 
activities and the persons who have committed them. 

Any operational action by Europol shall be carried out in liaison and in agreement with 
the  authorities  of  the  Member  State  or  States  whose  territory  is  concerned.  The 

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application of coercive measures shall be the exclusive responsibility of the competent 
national authorities. 

4. 

Europol shall have the following additional tasks: 

(a) 

(b) 

to develop specialist knowledge of the investigative procedures of the competent 
authorities in the Member States and to provide advice on investigations; 

to  provide  strategic  intelligence  to  assist  with  and  promote  the  efficient  and 
effective  use  of  the  resources  available  at  national  and  at  Union  level  for 
operational activities and support of such activities; 

(c) 

to prepare threat assessments and general situation reports related to its objective, 
including a yearly organised crime threat assessment. 

5. 

In the framework of its objective pursuant to Article 3, Europol may in addition assist 
Member States in particular in the following areas: 

6. 

1. 

(a) 

training  of  members  of  their  competent  authorities,  where  appropriate  in 
cooperation with the European Police College; 

(b)  organisation and equipment of those authorities through facilitating the provision 

of technical support between the Member States; 

(c) 

crime prevention methods; 

(d) 

technical and forensic methods and analysis, as well as investigative procedures. 

Europol shall act as a European Union contact point in its contacts with third countries 
and organisations for the suppression of counterfeit Euro currency. 

Article 6 
Participation in joint investigation teams 

Europol  officials  may  participate  in  a  support  capacity  in  joint  investigative  teams, 
including those teams set up in accordance with Article 1 of the Framework Decision of 
13  June  2002  on  joint  investigation  teams10,  in  accordance  with  Article  13  of  the 
Convention  of  29  May  2000  on  mutual  assistance  in  criminal  matters  between  the 
Member  States  of  the  European  Union11,  or  in  accordance  with  Article  24  of  the 
Convention  of  18  December  1997  on  mutual  assistance  and  cooperation  between 
customs administrations12. Europol officials may, in accordance with Article 5(1)(b) and 
the arrangement referred to in paragraph 3, as well as in compliance with the law of the 
Member  State  where  the  joint  investigation  team  operates,  assist  in  all  activities,  and 
exchange  information  with  all  members  of  the  joint  investigation  team,  in  accordance 
with paragraph 5. Within that context, they may also suggest that national members of a 
joint investigation team take specific coercive measures. 

10 

11 

12 

OJ L 162, 20.6.2002, p. 1. 
OJ C 197, 12.7.2000, p. 1.  
OJ C 24, 23.1.1998, p. 2.  

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2. 

3. 

4. 

5. 

6. 

1. 

2. 

3. 

In  those  cases  where  a  joint  investigation  team  is  set  up  to  deal  with  cases  of 
counterfeiting  of  the  Euro  currency,  a  Europol  official  may  be  appointed  to  direct  the 
investigation, under the direct responsibility of the leader of the team. Where there is a 
difference of opinion between the Europol official thus appointed and the team leader, 
the latter’s opinion shall prevail. 

The  administrative  implementation  of  the  participation  of  Europol  officials  in  a  joint 
investigation team shall be laid down in an arrangement between the Director of Europol 
and  the  competent  authorities  of  the  Member  States  participating  in  the  joint 
investigation  team,  with  the  involvement  of  the  National  Units.  The  rules  governing 
such arrangements shall be determined by the Management Board. 

Europol  officials  shall  carry  out  their  tasks  under  the  leadership  of  the  team  leader, 
taking into account the conditions laid down in the arrangement referred to in paragraph 
3. 

Europol  officials  may  liaise  directly  with  the  members  of  the  joint  investigation  team 
and  provide  members  and  seconded  members  of  the  joint  investigation  team  with 
information  in  accordance  with  this  Decision,  taking  into  account  the  conditions  laid 
down in the arrangement referred to in paragraph 3.  

During the operations of a joint investigation team, Europol officials shall, with respect 
to offences committed against or by them, be subject to the national law of the Member 
State of operation applicable to persons with comparable functions. 

Article 7 
Requests made by Europol to initiate criminal investigations 

Member  States  shall  deal  with  any  request  from  Europol  to  initiate,  conduct  or 
in  specific  cases  and  shall  give  such  requests  due 
coordinate 
consideration.  They  shall  inform  Europol  whether  the  requested  investigation  will  be 
initiated. 

investigations 

If the competent authorities of the Member State concerned decide not to comply with a 
request from Europol, they shall inform Europol of their decision and of the reasons for 
it unless they are unable to give their reasons because: 

(a) 

to do so would harm essential national security interests; or 

(b) 

to do so would jeopardise the success of investigations under way or the safety of 
individuals. 

Replies  to  requests  by  Europol  to  initiate,  conduct  or  coordinate  investigations  in 
specific cases as well as information to Europol about the results of investigations shall 
be  forwarded  to  Europol  by  the  competent  authorities  of  the  Member  States  in 
accordance  with  the  rules  laid  down  in  this  Decision  and  the  relevant  national 
legislation. 

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Article 8  
National units 

Each Member State shall establish or designate a national unit to carry out the tasks set 
out in this Article. One official shall be appointed in each Member State as the Head of 
the national unit. 

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

Member  States  shall  take  the  necessary  measures  to  ensure  that  the  national  units  are 
able to fulfil their tasks and, in particular, have access to relevant national data. 

The national units shall: 

(a) 

supply  Europol  on  their  own  initiative  with  the  information  and  intelligence 
necessary for it to carry out its tasks; 

(b) 

respond to Europol's requests for information, intelligence and advice; 

(c) 

keep information and intelligence up to date; 

(d) 

evaluate  information  and  intelligence  in  accordance  with  national  law  for  the 
competent authorities and transmit this material to them; 

(e) 

issue requests for advice, information, intelligence and analysis to Europol; 

(f) 

supply Europol with information for storage in its databases; 

(g) 

ensure  compliance  with  the  law  in  every  exchange  of  information  between 
themselves and Europol. 

Without prejudice to the exercise of the responsibilities incumbent upon Member States 
with  regard  to  the  maintenance  of  law  and  order  and  the  safeguarding  of  internal 
security, a national unit shall not be obliged in a particular case to supply information 
and intelligence if this would mean: 

(a) 

jeopardizing the success of a current investigation or the safety of individuals; 

(b)  disclosing information pertaining to organizations or specific intelligence activities 

in the field of State security. 

The costs incurred by the national units for communications with Europol shall be borne 
by the Member States and, apart from the costs of connection, shall not be charged to 
Europol. 

The Heads of the national units shall meet on a regular basis to assist Europol by giving 
advice, at their own motion or at the request of the Director or the Management Board. 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

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Article 9  
Liaison officers 

1. 

Each  national  unit  shall  second  at  least  one  liaison  officer  to  Europol.  Except  as 
otherwise  stipulated  in  specific  provisions  of  this  Decision,  liaison  officers  shall  be 
subject to the national law of the seconding Member State. 

2. 

Without prejudice to Article 8(4) and (5), the liaison officers shall: 

(a) 

provide Europol with information from the seconding national unit; 

(b) 

forward information from Europol to the seconding national unit;  

(c) 

(d) 

cooperate with the Europol officials by providing information and giving advice; 
and 

exchange  information  from  their  national  units  with  the  liaison  officers  of  other 
Member States. 

The  bilateral  exchanges  provided  for  in  point  (d)  of  the  first  subparagraph  may  also 
cover crimes outside of the competence of Europol, as far as allowed under national law. 

Article 34 shall apply mutatis mutandis to the activity of the liaison officers. 

The rights and obligations of liaison officers in relation to Europol shall be determined 
by the Management Board. 

Liaison officers shall enjoy the privileges and immunities necessary for the performance 
of their tasks in accordance with Article 50(4). 

Europol shall ensure that Liaison Officers are fully informed about and associated with 
all of its activities, as far as compatible with their position. 

Europol shall provide Member States free of charge with the necessary premises in the 
Europol building for the activity of their liaison officers. All other costs which arise in 
connection  with  the  secondment  of  liaison  officers  shall  be  borne  by  the  seconding 
Member State, including the costs of equipment for liaison officers, to the extent that the 
Management Board does not recommend otherwise in a specific case when drawing up 
the budget of Europol. 

CHAPTER II - INFORMATION PROCESSING SYSTEMS 

3. 

4. 

5. 

6. 

7. 

Article 10 
Information processing 

1. 

In so far as it is necessary to achieve its objectives, Europol shall process information 
and  intelligence,  including  personal  data,  in  accordance  with  this  Decision.  Europol 
shall  establish  and  maintain  the  Europol  Information  System  referred  to  in  Article  11, 
and the Analysis Work Files referred to in Article 14.  

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17 

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2. 

3. 

4. 

5. 

1. 

2. 

3. 

Europol may process data for the purpose of determining whether such data are relevant 
for its tasks, and can be included in one of its information systems. 

Whenever Europol intends to establish a system for processing personal data other than 
the  Europol  Information  System  referred  to  in  Article  11  or  the  Analysis  Work  Files 
referred to in Article 14, the Council, acting by a qualified majority after consulting the 
European  Parliament,  shall  determine  the  conditions  under  which  Europol  may  do  so. 
Such conditions shall in particular relate to the access to and usage of the data, as well as 
time limits for the storage and deletion of the data, having due regard to the principles 
referred to in Article 26. 

In line with the conditions established in accordance with paragraph 3, the Management 
Board, acting on a proposal from the Director, shall decide on the establishment of data 
processing  systems  as  mentioned  in  that  paragraph.  Prior  to  taking  its  decision,  the 
Management Board shall consult the joint supervisory body referred to in Article 33. 

Europol  shall  make  every  effort  to  ensure  that  its  data  processing  systems  are 
interoperable with the data processing systems in the Member States, and in particular 
with  the  data  processing  systems  in  use  by  the  Community  and  Union  related  bodies 
with  which  Europol  may  establish  relations  in  accordance  with  Article  22,  through 
following best practice and using open standards. 

Article 11  
Europol Information System 

Europol shall maintain a Europol Information System. The Europol Information System 
shall  be  directly  accessible  for  consultation  by  national  units,  liaison  officers,  the 
Director, the Deputy Directors and duly empowered Europol officials. 

Europol  shall  ensure  compliance  with  the  provisions  of  this  Decision  governing 
operation of the information system. It shall be responsible for the proper working of the 
information system in technical and operational respects and shall, in particular, take all 
necessary measures to ensure that the measures referred to in Articles 20, 28, 30 and 34 
regarding the information system are properly implemented. 

The national unit in each Member State shall be responsible for communication with the 
information  system.  It  shall,  in  particular,  be  responsible  for  the  security  measures 
referred  to  in  Article  34  in  respect  of  the  data-processing  equipment  used  within  the 
territory of the Member State in question, for the review provided for in Article 20 and, 
in  so  far  as  required  under  the  laws,  regulations,  administrative  provisions  and 
procedures of that Member State, for the proper implementation of this Decision in other 
respects. 

Article 12  
Content of the Europol Information System 

1. 

The Europol Information System may be used to process only such data as are necessary 
for the performance of Europol's tasks. Data entered shall relate to: 

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(a) 

persons who, in accordance with the national law of the Member State concerned, 
are  suspected  of  having  committed  or  having  taken  part  in  a  criminal  offence  in 
respect  of  which  Europol  is  competent  or  who  have  been  convicted  of  such  an 
offence; 

(b)  persons  who  there  are  serious  grounds  under  national  law  of  the  Member  State 
concerned to believe will commit criminal offences in respect of which Europol is 
competent. 

2. 

Data  related  to  persons  referred  to  in  paragraph  1  may  include  only  the  following 
details: 

(a) 

surname, maiden name, given names and any alias or assumed name; 

(b)  date and place of birth; 

(c) 

nationality; 

(d) 

sex; and 

(e)  where  necessary,  other  characteristics  likely  to  assist  in  identification,  including 

any specific objective physical characteristics not subject to change. 

3. 

In addition to the data referred to in paragraph 2, the Europol Information System may 
also  be  used  to  process  the  following  details  concerning  the  persons  referred  to  in 
paragraph 1: 

(a) 

criminal  offences,  alleged  criminal  offences  and  when  and  where  they  were 
(allegedly) committed; 

(b)  means which were or may be used to commit the criminal offences; 

(c) 

departments handling the case and their filing references; 

(d) 

suspected membership of a criminal organization; 

(e) 

convictions, where they relate to criminal offences in respect of which Europol is 
competent; 

(f) 

inputting party. 

These data may also be included when they do not yet contain any references to persons. 
Where Europol inputs the data itself, as well as giving its filing reference, it shall also 
indicate the source of the data. 

4. 

5. 

Additional information held by Europol or national units concerning the persons referred 
to in paragraph 1 may be communicated to any national unit or Europol should either so 
request. National units shall do so in compliance with their national law. 

If proceedings against the person concerned are dropped  or  if that  person  is acquitted, 
the data relating to the case in respect of which either decision has been taken shall be 
deleted. 

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1. 

2. 

3. 

4. 

5. 

6. 

7. 

Article 13  
Access to the information system 

National  units,  liaison  officers  and  the  Director,  Deputy  Directors  or  duly  empowered 
Europol officials shall have the right to input data directly into the Europol Information 
System  and  retrieve  them  from  it.  Data  may  be  accessed  by  Europol  where  this  is 
necessary  for  the  performance  of  Europol's  tasks  in  a  particular  case.  Access  by  the 
National  Units  and  Liaison  Officers  shall  be  effected  in  accordance  with  the  laws, 
regulations, administrative provisions and procedures of the accessing party, subject to 
any additional provisions contained in this Decision. 

Only the party which entered the data may modify, correct or delete such data. Where 
another party has reason to believe that data as referred to in Article 12(2) are incorrect 
or  wishes  to  supplement  them,  it  shall  immediately  inform  the  inputting  party.  The 
inputting  party  shall  examine  such  notification  without  delay  and  if  necessary  modify, 
supplement, correct or delete the data immediately.  

Where the system contains data as referred to in Article 12(3) concerning a person, any 
party  may  enter  additional  data  as  referred  to  in  that  paragraph.  Where  there  is  an 
obvious  contradiction  between  the  data  input,  the  parties  concerned  shall  consult  each 
other and reach agreement.  

Where a party intends to delete altogether data as referred to in Article 12(2) which it 
has  input  on  a  person  and  data  as  referred  to  in  Article  12(3)  in  respect  of  the  same 
person  have  been  input  by  other  parties,  responsibility  in  terms  of  data  protection 
legislation and the right to modify, supplement, correct and delete such data pursuant to 
Article 12(2) shall be transferred to the next party to have entered data as referred to in 
Article  12(3)  on  that  person.  The  party  intending  to  delete  shall  inform  the  party  to 
which responsibility in terms of data protection is transferred of its intention. 

Responsibility  for  the  permissibility  of  retrieval  from,  input  into  and  modifications 
within the Information System shall lie with the retrieving, inputting or modifying party. 
It  must  be  possible  to  identify  that  party.  The  communication  of  information  between 
national units and the competent authorities in the Member States shall be governed by 
national law. 

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 in accordance with their laws, regulations, administrative provisions 
and  procedures,  subject  to  any  additional  provisions  contained  in  this  Decision. 
However,  the  result  of  the  query  will  only  indicate  whether  the  requested  data  is 
available in the Europol information system. Further information may then be obtained 
via the national unit. 

Information  concerning  the  competent  authorities  designated  in  accordance  with 
paragraph  6,  including  subsequent  modifications,  shall  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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Article 14  
Analysis Work Files 

1. 

Where  this  is  necessary  to  achieve  its  objectives,  Europol  may  store,  modify,  and  use 
data  on  criminal  offences  in  respect  of  which  it  is  competent,  including  data  on  the 
related  criminal  offences  referred  to  in  Article  4(3),  in  Analysis  Work  Files.  Such 
Analysis Work Files may contain data on the following categories of persons: 

(a) 

persons as referred to in Article 12(1); 

(b)  persons who might be called on to testify in investigations in connection with the 

offences under consideration or in subsequent criminal proceedings; 

(c) 

persons who have been the victims of one of the offences under consideration or 
with regard to whom certain facts give reason for believing that they could be the 
victims of such an offence; 

(d) 

contacts and associates, and 

(e) 

persons  who  can  provide 
consideration. 

information  on 

the  criminal  offences  under 

The collection, storage and processing of the data  listed in Article 6(1) of the Council 
Framework Decision 2007/XX/JHA on the protection of personal data processed in the 
framework of police and judicial cooperation in criminal matters shall not be permitted 
unless  strictly  necessary  for  the  purposes  of  the  file  concerned  and  unless  such  data 
supplement other personal data already entered in that file. It shall be prohibited to select 
a particular group of persons solely on the basis of the data listed in Article 6(1) of the 
Council  Framework  Decision  2007/XX/JHA  on  the  protection  of  personal  data 
processed  in  the  framework  of  police  and  judicial  cooperation  in  criminal  matters  in 
breach of the aforementioned rules with regard to purpose. 

The  Council,  acting  by  a  qualified  majority  after  consulting  the  European  Parliament, 
shall adopt implementing rules for Analysis Work Files containing additional details, in 
particular with regard to the categories of personal data referred to in this Article and the 
provisions concerning the security of the data concerned and the internal supervision of 
their use. 

2. 

Analysis  Work  Files  shall  be  opened  for  the  purposes  of  analysis  defined  as  the 
assembly,  processing  or  utilisation  of  data  with  the  aim  of  helping  a  criminal 
investigation.  Each  analysis  project  shall  entail  the  establishment  of  an  analysis  group 
closely associating the following participants: 

(a) 

analysts and other Europol officials designated by the Europol Director; 

(b) 

the liaison officers and/or experts of the Member States supplying the information 
or concerned by the analysis within the meaning of paragraph 4.  

Only analysts shall be authorised to enter data into the file concerned and modify such 
data. All participants may retrieve data from the file. 

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3. 

4. 

At  the  request  of  Europol  or  on  their  own  initiative,  national  units  shall,  subject  to 
Article  8(5),  communicate  to  Europol  all  the information  which  it  may  require  for  the 
purpose of the Analysis Work File concerned. Depending on their degree of sensitivity, 
data  from  national  units  may  be  routed  directly  and  by  any  appropriate  means  to  the 
analysis groups, whether via the liaison officers concerned or not. Europol shall provide 
indications  to  the  national  units  on  the  preferred  format  of  the  information  to  be 
communicated. 

If an analysis is of a general nature and of a strategic type, all Member States, through 
liaison  officers  and/or  experts,  shall  be  fully  associated  in  the  findings  thereof,  in 
particular through the communication of reports drawn up by Europol. 

If the analysis bears on specific cases not concerning all Member States and has a direct 
operational  aim,  representatives  of  the  following  Member  States  shall  participate 
therein: 

(a)  Member  States  which  were  the  source  of  the  information  giving  rise  to  the 
decision to open the Analysis Work File, or those which are directly concerned by 
that information and Member States subsequently invited by the analysis group to 
take part in the analysis because they are also becoming concerned; 

(b)  Member  States  which  learn  from  consulting  the  index  function  referred  to  in 
Article  15  that  they  need  to  be  informed  and  assert  that  need  to  know  under  the 
conditions laid down in paragraph 5. 

5. 

The need to be informed may be claimed by authorised liaison officers. Each Member 
State  shall  nominate  and  authorise  a  limited  number  of  such  liaison  officers.  It  shall 
forward the list thereof to the Management Board. 

A liaison officer shall claim the need to be informed as defined in paragraph 4 by means 
of a written reasoned statement approved by the authority to which he is subordinate in 
his Member State and forwarded to all the participants in the analysis. He shall then be 
automatically associated in the analysis in progress. 

If  an  objection  is  raised  in  the  analysis  group,  automatic  association  shall  be  deferred 
until  completion  of  a  conciliation  procedure,  which  shall  comprise  three  stages  as 
follows: 

(a) 

(b) 

(c) 

the participants in the analysis shall endeavour to reach agreement with the liaison 
officer claiming the need to be informed; they shall have no more than eight days 
for that purpose; 

if  no  agreement  is  reached,  the  heads  of  the  national  units  concerned  and  the 
Directorate of Europol shall meet within three days and try to reach agreement; 

if  the  disagreement  persists,  the  representatives  of  the  parties  concerned  on  the 
Management Board shall meet within eight days. If the Member State concerned 
does not waive its need to be informed, association of that Member State shall be 
decided by consensus. 

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6. 

7. 

8. 

The Member State communicating an item of data to Europol shall be the sole judge of 
the degree of its sensitivity and variations thereof and will be entitled to determine the 
handling  conditions  of  the  data.  Any  dissemination  or  operational  use  of  data 
communicated shall be decided on by the Member State that communicated the data to 
Europol.  If  it  cannot  be  determined  which  Member  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  may  not,  in  particular,  disseminate  or  use  the  data  without  the  prior 
agreement of the Member States initially concerned.  

By way of derogation from paragraph 6, in those cases where Europol finds, at the time 
of inclusion of data in an analysis work file, that these data relate to a person or object 
on which data submitted by another Member State or third party was already included in 
the  file,  both  Member  States  or  third  parties  concerned  shall  be  informed  of  the  link 
identified immediately, in accordance with Article 17. 

Europol may invite experts of third parties within the meaning of Articles 22 or 23 to be 
associated with the activities of an analysis group, where: 

(a) 

an  agreement  is  in  force  between  Europol  and  the  third  party,  which  contains 
appropriate provisions on the exchange of information, including the transmission 
of personal data, as well as on the confidentiality of exchanged information; 

(b) 

the  association  of  the  experts  of  the  third  party  is  in  the  interest  of  the  Member 
States; 

(c) 

the third party is directly concerned by the analysis work; and 

(d) 

all participants agree on the association of the experts of the third party with the 
activities of the analysis group. 

If the analysis project concerns fraud or any other illegal activities affecting the financial 
interests  of  the  European  Communities,  Europol  shall  invite  experts  of  the  European 
anti-fraud Office to participate in the analysis group. 

The association of experts of a third party with the activities of an analysis group shall 
be subject to an arrangement between Europol and the third party. The rules governing 
such arrangements shall be determined by the Management Board.  

Details of the arrangements between Europol and third parties shall be sent to the joint 
supervisory  body  referred  to  in  Article  33  which  may  address  any  comments  it  deems 
necessary to the Management Board. 

Article 15  
Index Function 

1. 

An index function shall be created by Europol for the data stored on the Analysis Work 
Files. 

EN 

23 

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2. 

3. 

4. 

The Director, Deputy Directors and duly empowered Europol officials, liaison officers 
and  duly  empowered  officials  of  the  national  units  shall  have  the  right  to  access  the 
index  function.  The  index  function  shall  be  such  that  it  is  clear  to  the  person  using  it, 
from the data being consulted, whether an Analysis Work File contains data which are 
of interest for the performance of the tasks of the person using the index function. 

Access  to  the  index  function  shall  be  defined  in  such  a  way  that  it  is  possible  to 
determine whether or not an item of information is stored in an Analysis Work File, but 
that  it  is  not  possible  to  establish  connections  or  further  conclusions  regarding  the 
content of the file. 

The  detailed  procedures  for  the  design  of  the  index  function  shall  be  defined  by  the 
Management Board after obtaining the advice of the joint supervisory body. 

Article 16  
Order opening an Analysis Work File 

1. 

For every Analysis Work File, Europol shall specify in an order opening the file: 

(a) 

the file name; 

(b) 

the purpose of the file; 

(c) 

the groups of persons on whom data are stored; 

(d) 

the 
the nature of the data to be stored, and any of the data listed in Article 6(1) of 
Council  Framework  Decision  2007/XX/JHA  on  the  protection  of  personal  data 
processed in the framework of police and judicial cooperation in criminal matters 
which are strictly necessary;  

(e) 

the general context leading to the decision to open the file; 

(f) 

the participants in the analysis group at the time of opening the file; 

(g) 

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

(h) 

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

(i) 

the method of establishing the audit log. 

2. 

3. 

The Management Board and the joint supervisory body provided for in Article 33 shall 
immediately  be  informed  by  the  Director  of  Europol  of  the  order  opening  the  file  and 
shall  receive  the  dossier.  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. 

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

EN 

24 

   EN 

 
4. 

The  Analysis  Work  File  shall  be  retained  for  a  maximum  of  three  years.  Before  the 
expiry of the three-year period 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 new periods of three years. The Management Board 
and the joint supervisory body provided for in Article 33 shall immediately be informed 
by the Director of Europol of the elements in the file justifying the strict necessity of its 
continuation. 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. Paragraph 3 shall apply.  

CHAPTER III - COMMON PROVISIONS ON INFORMATION 
PROCESSING 

Article17  
Duty to notify 

Without prejudice to Article 14(6) and (7), Europol shall promptly notify the national units and 
their liaison officers if the national units so request, of any information concerning their Member 
State  and  of  connections  identified  between  criminal  offences  in  respect  of  which  Europol  is 
competent.  Information  and  intelligence  concerning  other  serious  criminal  offences,  of  which 
Europol becomes aware in the course of its duties, may also be communicated. 

Article 18 
Provisions on control of retrievals 

Europol shall establish appropriate control mechanisms to allow the verification of the legality of 
retrievals from any of its automated data files used to process personal data. 

The data thus collected shall be used only for this purpose by Europol and the supervisory bodies 
referred to in Articles 32 and 33 and shall be deleted after eighteen 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. 

Article 19  
Rules on the use of data 

1. 

2. 

Personal data retrieved from any of Europol’s data processing files shall be transmitted 
or used only by the competent authorities of the Member States in order to prevent and 
combat  crimes  in  respect  of  which  Europol  is  competent,  and  to  combat  other  serious 
forms of crime. Europol shall use the data only for the performance of its tasks. 

If, in the case of certain data, the communicating Member State or the communicating 
third party stipulates particular restrictions on use to which such data is subject in that 
Member State or third party, such restrictions shall also be complied with by the user of 
the data except in the specific case where national law lays down that the restrictions on 
use be waived for judicial authorities, legislative bodies or any other independent body 

EN 

25 

   EN 

 
set  up  under  the  law  and  made  responsible  for  supervising  the  national  competent 
authorities.  In  such  cases,  the  data  shall  only  be  used  after  prior  consultation  of  the 
communicating Member State whose interests and opinions shall be taken into account 
as far as possible. 

Use  of  the  data  for  other  purposes  or  by  authorities  other  than  the  national  competent 
authorities  shall  be  possible  only  after  prior  consultation  of  the  Member  State  which 
transmitted the data in so far as the national law of that Member State permits. 

Article 20 
Time limits for the storage and deletion of data files 

Data  in  data  files  shall  be  held  by  Europol  only  for  as  long  as  is  necessary  for  the 
performance of its tasks. The need for continued storage shall be reviewed no later than 
three years after the input of data. Review of data stored in the information system and 
its  deletion  shall  be  carried  out  by  the  inputting  unit.  Review  of  data  stored  in  other 
Europol  data  files  and  their  deletion  shall  be  carried  out  by  Europol.  Europol  shall 
automatically  inform  the  Member  States  three  months  in  advance  of  the  expiry  of  the 
time limits for reviewing the storage of data. 

During the review, the units referred to in the third sentence of paragraph 1 may decide 
on  continued  storage  of  data  until  the  next  review  if  this  is  still  necessary  for  the 
performance of Europol's tasks. If no decision is taken on the continued storage of data, 
those data shall automatically be deleted. 

Where a Member State deletes from its national data files data communicated to Europol 
which are stored in other Europol data files, it shall inform Europol accordingly. In such 
cases,  Europol  shall  delete  the  data  unless  it  has  further  interest  in  them,  based  on 
intelligence  that  is  more  extensive  than that  possessed  by  the  communicating  Member 
State.  Europol  shall  inform  the  Member  State  concerned  of  the  continued  storage  of 
such data. 

Deletion  shall  not  occur  if  it  would  damage  the  interests  of  the  data  subject  which 
require protection. In such cases, the data shall be used only with the consent of the data 
subject. 

3. 

1. 

2. 

3. 

4. 

Article 21 
Access to national and international databases 

In so far as Europol is entitled under European Union, international or national legal instruments 
to  gain  computerised  access  to  data  from  other  information  systems,  either  of  a  national  or  an 
international nature, Europol may retrieve personal data by such means if this is necessary for the 
performance of its tasks. The applicable provisions of such Union, international or national legal 
instruments shall govern the access to and use of this data by Europol, in so far as they provide 
for  stricter  rules  on  access  and  usage  than  this  Decision.  Europol  may  not  use  such  data  in 
contravention of this Decision.  

EN 

26 

   EN 

 
CHAPTER IV - RELATIONS WITH PARTNERS 

Article 22  
Relations with other Community or Union related bodies and agencies  

1. 

In  so  far  as  is  relevant  for  the  performance  of  its  tasks,  Europol  may  establish  and 
maintain cooperative relations with bodies and agencies set up by, or on the basis of the 
Treaties establishing the European Communities and the Treaty on the European Union. 
Such relations may be implemented through working arrangements in accordance with 
paragraph 2. 

Europol shall in particular establish and maintain close cooperation with the following 
institutions,  bodies,  agencies  and  offices  when  necessary  in  individual  cases  for  the 
purposes of preventing or combating criminal offences for which Europol is competent: 

(a) 

the  European  Agency  for  the  Management  of  Operational  Cooperation  at  the 
External Borders of the Member States of the European Union (Frontex); 

(b) 

the European Central Bank; 

(c) 

the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA); 

(d) 

the European anti-fraud Office (OLAF). 

Personal  data  shall  only  be  processed  if  necessary  for  the  legitimate  performance  of 
tasks falling within the competence of the recipient. 

2. 

Europol may conclude working arrangements with the institutions, bodies, agencies and 
offices  referred  to  in  paragraph  1.  Such  working  arrangements  may  concern  the 
exchange of operational, strategic and technical information, including personal data, as 
well as the co-ordination of activities and may provide for the following:  

(a) 

(b) 

(c) 

regular consultation, notably on work programmes and strategies and with a view 
to complementarity, and on any matter of common interest; 

coordination and co-operation in relation to activities, including investigative and 
operational action,  

conditions under which the other body or agency can participate in the collection, 
storage,  processing,  analysis  and  exchange  of  information  and  intelligence, 
including participation or support of analysis work files, or reception of data and 
results deriving from such files. 

3. 

Without  prejudice  to  paragraphs  1  and  2,  Europol  may  directly  exchange  information, 
including  personal  data,  with  OLAF  in  the  same  way  as  competent  authorities  in  the 

EN 

27 

   EN 

 
4. 

5. 

1. 

2. 

3. 

Member States according to Article 7(2) of the second Protocol to the Convention on the 
protection of the European Communities' financial interests13. 

Europol  shall  establish  and  maintain  close  co-operation  with  Eurojust  in  order  to 
increase  their  mutual  effectiveness  in  combating  serious  forms  of  international  crime 
which fall under their respective competence and taking into account the need to avoid 
duplication  of  work.  Europol  shall  in  particular,  when  making  a  request  to  initiate 
criminal investigations, inform Eurojust thereof. 

Europol shall establish and maintain close cooperation with the European Police College 
(CEPOL). Cooperation with CEPOL shall aim at mutual consultation and assistance in 
the field of training, support for the organisation of courses or other training products, 
implementation  of  joint  training  activities,  mutual  attendance  of  respective  staff  to 
courses organised by the other party and exchange of non-personal information. 

Article 23 
Relations with third bodies 

In so far as is required for the performance of its tasks, Europol may also establish and 
maintain cooperative relations with third bodies responsible for preventing or combating 
crime, such as: 

(a) 

public bodies of third countries; 

(b) 

international organisations and their subordinate bodies governed by public law; 

(c) 

other  bodies  governed  by  public  law  which  are  based  on  an  agreement  between 
two or more States; and 

(d) 

the International Criminal Police Organisation (Interpol).  

The  Council,  acting  by  a  qualified  majority  after  consulting  the  European  Parliament, 
shall determine a list of the third bodies referred to in paragraph 1(a), (b) and (c) with 
which Europol may establish cooperative relations. 

In  so  far  as  is  required  for  the  performance  of  its  tasks,  Europol  may  conclude 
administrative arrangements with the third bodies referred to in paragraph 1 and 2. Such 
arrangements  shall  in  particular  deal  with  the  exchange  of  strategic  non-personal 
information. Personal data shall only be transferred in accordance with Article 24.  

Article 24 
Communication of personal data to third bodies 

1. 

Europol may under the conditions laid down in paragraph 4 communicate personal data 
which it holds to the third bodies referred to in Article 23(1), where:  

13 

OJ C 221, 19.7.1997, p. 12. 

EN 

28 

   EN 

 
                                                 
(a) 

(b) 

this is necessary in individual cases for the purposes of preventing or combating 
criminal offences for which Europol is competent and; 

the  Union  has  concluded  an  international  agreement  with  the  third  country,  the 
international  organisation  or  the  third  body  concerned,  which  permits  the 
communication of such data on the basis of an assessment of the existence of an 
adequate level of data protection ensured by that body. 

By way of derogation from paragraph 1, Europol may communicate personal data which 
it holds to the third bodies referred to in Article 23(1) under the conditions laid down in 
paragraph 4 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 or terrorist offences. The Director of Europol shall in all 
circumstances consider the data-protection level applicable to the body in question with 
a view to balancing this data-protection level with those interests. 

Prior to the communication of personal data in application of paragraph 2 the adequacy 
of the level of data protection afforded by third bodies shall be assessed by the Director 
taking  into  account  all  the  circumstances  which  play  a  part  in  the  communication  of 
personal data, in particular: 

(a) 

the nature of the data; 

(b) 

the purpose for which the data is intended; 

(c) 

the duration of the intended processing;  

(d) 

the general or specific data protection provisions applying to the third body; 

(e)  whether or not the third body has agreed to specific conditions concerning the data 

requested by Europol. 

If the personal data concerned have been communicated to Europol by a Member State, 
Europol shall communicate them to third bodies only with the Member State's consent. 
The  Member  State  may  give  its  prior  consent,  in  general  terms  or  subject  to  specific 
conditions, to such communication. That consent may be withdrawn at any time. 

If the data have not been communicated by a Member State, Europol shall satisfy itself 
that communication of those data is not liable to: 

(a) 

(b) 

obstruct  the  proper  performance  of  the  tasks  falling  within  a  Member  State's 
sphere of competence; 

jeopardise the security and public order of a Member State or otherwise prejudice 
its general welfare. 

Europol shall be responsible for the legality of the communication of data. Europol shall 
keep  a  record  of  all  communications  of  data  under  this  Article  and  of  the  grounds  for 
such  communications.  Data  shall  only  be  communicated  if  the  recipient  gives  an 
undertaking  that  the  data  will  be  used  only  for  the  purpose  for  which  it  was 

2. 

3. 

4. 

5. 

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29 

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communicated. This shall not apply to the communication of personal data by Europol 
for the purpose of a request to the third body. 

Article 25 
Implementing rules governing Europol’s relations  

1. 

2. 

The  Council,  acting  by  a  qualified  majority  after  consulting  the  European  Parliament, 
shall determine the implementing rules governing the relations of Europol with the third 
bodies  referred  to  in  Article  23(1),  including  the  communication  of  personal  data  by 
Europol to such third bodies.  

The Management Board shall determine the implementing rules governing the relations 
of  Europol  with  the  Community  and  Union  related  bodies  and  agencies  referred  to  in 
Article 22, and for the exchange of personal data between Europol and such bodies and 
agencies.  The  Management  Board  shall  consult  the  joint  supervisory  body  prior  to 
taking its decision. 

CHAPTER V - DATA PROTECTION AND DATA SECURITY 

Article 26  
Standard of data protection 

Without  prejudice  to  specific  provisions  of  this  Decision,  Europol  shall  apply  the  principles  of 
the Council Framework Decision 2007/XX/JHA on the protection of personal data processed in 
the framework of police and judicial cooperation in criminal matters in the collection, processing 
and usage of personal data.. Europol shall observe these principles in the collection, processing 
and  utilization  of  personal  data,  included  in  respect  of  non-automated  data  held  in  the  form  of 
data files, i.e. any structured set of personal data accessible in accordance with specific criteria. 

Article 27 
Data Protection Officer 

1. 

Europol shall appoint a Data Protection Officer, who shall be a member of the staff. He 
shall be under the direct authority of the Management Board. In the performance of his 
duties, he shall take instructions from no-one. 

2. 

The Data Protection Officer shall in particular have the following tasks: 

(a) 

(b) 

(c) 

ensuring,  in  an  independent  manner,  lawfulness  and  compliance  with  the 
provisions of this Decision concerning the processing of personal data, including 
the processing of personal data on Europol staff; 

ensuring  that  a  written  record  of  the  transmission  and  receipt  of  personal  data  is 
kept in accordance with this Decision; 

ensuring that data subjects are informed of their rights under this Decision at their 
request; 

EN 

30 

   EN 

 
3. 

4. 

5. 

1. 

2. 

(d) 

cooperate  with  Europol  staff  responsible  for  procedures,  training  and  advice  on 
data processing. 

In the performance of his tasks, the Data Protection Officer shall have access to all the 
data processed by Europol and to all Europol premises. 

If the Data Protection Officer considers that the provisions of this Decision concerning 
the  processing  of  personal  data  have  not  been  complied  with,  he  shall  inform  the 
Director. 

If  the  Director  does  not  resolve  the  non-compliance  of  the  processing  within  a 
reasonable time, the Data Protection Officer shall inform the Management Board, which 
shall acknowledge receipt of the information. 

If the Management Board does not resolve the non-compliance of the processing within 
a  reasonable  time,  the  Data  Protection  Officer  shall  refer  the  matter  to  the  joint 
supervisory body. 

Further implementing rules concerning the Data Protection Officer shall be adopted by 
the  Management  Board.  The  implementing  rules  shall  in  particular  concern  selection 
and dismissal, tasks, duties and powers of the Data Protection Officer. 

Article 28  
Responsibility in data protection matters 

The responsibility for data processed at Europol, in particular as regards the legality of 
the  collection,  the  transmission  to  Europol  and  the  input  of  data,  as  well  as  their 
accuracy,  their  up-to-date  nature  and  verification  of  the  storage  time  limits,  shall  lie 
with: 

(a) 

the Member State which input or otherwise communicated the data; 

(b)  Europol  in  respect  of  data  communicated  to  Europol  by  third  parties,  or  which 

result from analyses conducted by Europol. 

In addition, Europol shall be responsible for all data processed by it, from the moment it 
decides to include such data in one of its automated or non-automated data files. Data 
which has been transmitted to Europol but not yet included in one of Europol’s data files 
shall remain under  the data protection  responsibility of the party transmitting the data. 
However,  Europol  shall  be  responsible  for  ensuring  that  until  such  data  have  been 
included in a data file, they may only be accessed by authorised Europol officials for the 
purpose  of  determining  whether  they  can  be  processed  at  Europol,  or  by  authorised 
officials of the party which supplied the data. If Europol, after appraisal, has reason to 
assume that data supplied are inaccurate or no longer up-to-date, it shall inform the party 
which supplied the data. 

3. 

Europol shall store data in such a way that it can be established by which Member State 
or third party the data were transmitted or whether they are the result of an analysis by 
Europol. 

EN 

31 

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Article 29 
Rights of the data subject 

1. 

2. 

3. 

Any  person  shall  be  entitled  to  have  access  to  personal  data  concerning  him  that  are 
processed by Europol, or to have such data checked, under the conditions laid down in 
this Article.  

Any person wishing to exercise his rights under this Article may make a request to that 
effect free of charge, in the Member State of his choice, to the authority appointed for 
that  purpose  in  that  Member  State.  That  authority  shall  refer  the  request  to  Europol 
without delay, and in any case within one month of receipt.  

The  request  shall  be  fully  dealt  with  by  Europol  within  three  months  following  its 
receipt by Europol in accordance with this Article and with the laws and procedures of 
the Member State in which the request is made. 

4. 

Access to personal data shall be denied if: 

(a) 

such access might jeopardise one of Europol's activities; 

(b) 

such access might jeopardise any national investigation which Europol is assisting; 

(c) 

such access might jeopardise the rights and freedoms of third parties. 

Europol shall consult the competent law enforcement authorities of the Member States 
concerned  before  deciding  whether  to  grant  access.  Access  to  data  entered  in  the 
Analysis  Work  Files  shall  be  conditional  upon  the  consensus  of  Europol  and  the 
Member  States  participating  in  the  analysis  and  the  consensus  of  the  Member  State(s) 
directly concerned by the communication of such data. In case a Member State objects 
to  give  access  to  personal  data,  it  shall  notify  its  refusal  and  the  grounds  thereof  to 
Europol.  

If  one  or  more  Member  States  or  Europol  have  objections  to  an  individual  obtaining 
access  to  data  concerning  him,  Europol  shall  notify  the  person  concerned  that  it  has 
carried  out  the  checks,  without  giving  any  information  which  might  reveal  to  him 
whether or not personal data concerning him are processed by Europol. 

Article 30  
Correction and deletion of data 

Any  person  shall  have  the  right  to  ask  Europol  to  correct  or  delete  incorrect  data 
concerning  him.  If  it  emerges,  either  on  the  basis  of  the  exercise  of  this  right  or 
otherwise,  that  data  held  by  Europol  which  have  been  communicated  to  it  by  third 
parties  or  which  are  the  result  of  its  own  analyses  are  incorrect  or  that  their  input  or 
storage contravenes this Decision, Europol shall correct or delete such data. 

If  data  that  are  incorrect  or  processed  in  contravention  to  this  Decision  have  been 
transmitted directly to Europol by Member States, the Member States concerned shall be 
obliged to correct or delete such data in collaboration with Europol.  

5. 

6. 

1. 

2. 

EN 

32 

   EN 

 
3. 

4. 

5. 

1. 

2. 

3. 

4. 

5. 

If incorrect data have been transmitted by another appropriate means or if the errors in 
the  data  supplied  by  Member  States  are  due  to  faulty  transmission  or  have  been 
transmitted in breach of the provisions of this Decision or if they result from their being 
entered, taken over or stored in an incorrect manner or in breach of the provisions of this 
Decision  by  Europol,  Europol  shall  be  obliged  to  correct  or  delete  the  data  in 
collaboration with the Member States concerned. 

In  the  cases  referred  to  in  paragraphs  1,  2  and  3,  the  Member  States  or  third  parties 
which  have  received  the  data  shall  be  notified  forthwith.  The  recipient  Member  States 
and the third parties shall also correct or delete those data. 

Europol  shall  inform  the  enquirer  that  data  concerning  him  have  been  corrected  or 
deleted. If the enquirer is not satisfied with Europol's reply or if he has received no reply 
within three months, he may refer the matter to the joint supervisory body. 

Article 31 
Appeals 

In its reply to a request for a check, for access to data, or a request for correction and 
deletion  of  data,  Europol  shall  inform  the  enquirer  that  he  may  appeal  to  the  joint 
supervisory body, if he is not satisfied with the decision. The enquirer may also refer the 
matter to the joint supervisory body if there has been no response to his request within 
the time limits laid down in Articles 29 or 30. 

If  the  enquirer  lodges  an  appeal  to  the  joint  supervisory  body,  the  appeal  shall  be 
examined by that body. 

Where  the  appeal  relates  to  access  to  data  entered  by  a  Member  State  in  the  Europol 
Information System, the joint supervisory body shall take its decision in accordance with 
the  national  law  of  the  Member  State  in  which  the  request  was  made.  The  joint 
supervisory  body  shall  first  consult  the  national  supervisory  body  or  the  competent 
judicial  body  in  the  Member  State  which  was  the  source  of  the  data.  Either  national 
body shall make the necessary checks, in particular to establish whether the decision to 
refuse access was taken in accordance with the national law concerned. On confirmation 
of  that,  the  decision,  which  may  extend  to  a  refusal  to  communicate  any  information, 
shall  be  taken  by  the  joint  supervisory  body  in  close  cooperation  with  the  national 
supervisory body or competent judicial body. 

Where the appeal relates to access to data entered by Europol in the Europol Information 
System,  data  stored  in  the  Analysis  Work  Files  or  any  other  system  established  by 
Europol for the processing of personal data pursuant to Article 10, and in the event of 
persistent objections from Europol or a Member State, the joint supervisory body shall 
only be able to overrule such objections by a majority of two-thirds of its members after 
having heard Europol or the Member State concerned. If there is no such majority, the 
joint  supervisory  body  shall  notify  the  refusal  to  the  enquirer,  without  giving  any 
information which might reveal the existence of any personal data about the enquirer. 

Where  the  appeal  relates  to  the  checking  of  data  entered  by  a  Member  State  in  the 
Europol Information System, the joint supervisory body shall ensure that the necessary 
checks have been carried out correctly in close cooperation with the national supervisory 

EN 

33 

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6. 

1. 

body  of  the  Member  State  which  entered  the  data.  The  joint  supervisory  body  shall 
notify  the  enquirer  that  it  has  carried  out  the  checks,  without  giving  any  information 
which might reveal the existence of any personal data about the enquirer. 

Where  the  appeal  relates  to  the  checking  of  data  entered  by  Europol  in  the  Europol 
Information System or of data stored in the Analysis Work Files, the joint supervisory 
body shall ensure that the necessary checks have been carried out by Europol. The joint 
supervisory  body  shall  notify  the  enquirer  that  it  has  carried  out  the  checks,  without 
giving any information which might reveal the existence of any personal data about the 
enquirer. 

Article 32  
National supervisory body 

to  monitor 
Each  Member  State  shall  designate  a  national  supervisory  body 
independently,  in  accordance  with  its  respective  national  law,  the  permissibility  of  the 
input, the retrieval and any communication to Europol of personal data by the Member 
State concerned and to examine whether such input, retrieval or communication violates 
the rights of the data subject. For this purpose, the supervisory body shall have access at 
the national unit or at the liaison officers' premises to the data entered by the Member 
State in the Europol information system or in any other system established by Europol 
for the processing of personal data pursuant to Article 10 in accordance with the relevant 
national procedures. 

For  the  purpose  of  exercising  their  supervisory  function,  national  supervisory  bodies 
shall  have  access  to  the  offices  and  documents  of  their  respective  liaison  officers  at 
Europol. 

In addition, in accordance with the relevant national procedures, the national supervisory 
bodies shall supervise the activities of national units and the activities of liaison officers, 
in so far as such activities are of relevance to the protection of personal data. They shall 
also keep the joint supervisory body informed of any actions they take with respect to 
Europol. 

2. 

Any person shall have the right to request the national supervisory body to ensure that 
the  entry  or  communication  to  Europol  of  data  concerning  him  in  any  form  and  the 
consultation of the data by the Member State concerned are lawful. 

This right shall be exercised in accordance with the national law of the Member State in 
which the request is made. 

Article 33  
Joint supervisory body 

1. 

An independent joint supervisory body shall be set up to review, in accordance with this 
Decision, the activities of Europol in order to ensure that the rights of the individual are 
not  violated  by  the  storage,  processing  and  usage  of  the  data  held  by  Europol.  In 
addition, the joint supervisory body shall monitor the permissibility of the transmission 
of  data  originating  from  Europol.  The  joint  supervisory  body  shall  be  composed  of  a 

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maximum of two members or representatives (where appropriate assisted by alternates) 
of  each  of  the  independent  national  supervisory  bodies  having  the  necessary  abilities, 
and appointed for five years by each Member State. Each delegation shall be entitled to 
one vote. 

The joint supervisory body shall appoint a chairman from among its members. 

In the performance of their duties, the members of the joint supervisory body shall not 
receive instructions from any other body. 

2. 

Europol shall assist the joint supervisory body in the performance of the latter's tasks. In 
doing so, it shall in particular: 

(a) 

supply  the  information  the  supervisory  body  requests,  give  it  access  to  all 
documents and paper files as well as access to the data stored in its data files;  

3. 

4. 

5. 

6. 

7. 

(b) 

allow the supervisory body free access at all times to all its premises; 

(c) 

implement the joint supervisory body's decisions on appeals. 

The joint supervisory body shall be competent for the examination of questions relating 
to  implementation  and  interpretation  in  connection  with  Europol's  activities  as  regards 
the processing and usage of personal data, for the examination of questions relating to 
checks  carried  out  independently  by  the  national  supervisory  bodies  of  the  Member 
States or relating to the exercise of the right to information, as well as for drawing up 
harmonised proposals for common solutions to existing problems. 

Any person shall have the right to request the joint supervisory body to check whether 
the manner in which his personal data have been collected, stored, processed and used 
by Europol is lawful and accurate. 

If the joint supervisory body identifies any violations of the provisions of this Decision 
in the storage, processing or utilisation of personal data, it shall make any complaints it 
deems  necessary  to  the  Director  of  Europol  and  shall  request  him  to  reply  within  a 
specified  time  limit.  The  Director  shall  keep  the  Management  Board  informed  of  the 
entire  procedure.  If  it  is  not  satisfied  with  the  response  given  by  the  Director  to  its 
request, the joint supervisory body shall refer the matter to the Management Board. 

For  the  fulfilment  of  its  tasks  and  to  contribute  in  improving  consistency  in  the 
application of the rules and procedures for data processing, the joint supervisory body 
shall  cooperate  as  necessary  with  other  supervisory  authorities  and  with  the  European 
Data Protection Supervisor. 

The joint supervisory body shall draw up activity reports at regular intervals, covering 
both its own activities and the activities of the national supervisory bodies as far as these 
relate to Europol. Such reports shall be forwarded to the European Parliament and to the 
Council.  The  Management  Board  shall  have  the  opportunity  to  express  comments, 
which shall be attached to the reports. 

The joint body shall decide whether or not to publish its activity report, and, if so, how. 

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8. 

9. 

10. 

11. 

12. 

1. 

2. 

The joint supervisory body shall adopt its rules of procedure by a two-thirds majority, 
and shall submit them to the Council for approval. The Council shall act by a qualified 
majority after consulting the European Parliament. 

The joint supervisory body shall set up an internal committee comprising one qualified 
representative from each Member State with entitlement to a vote. The committee shall 
have  the  task  of  examining  the  appeals  provided  for  in  Article  31  by  all  appropriate 
means.  Should  they  so  request,  the  parties,  assisted  by  their  advisers  if  they  so  wish, 
shall  be  heard  by  the  committee.  The  decisions  taken  in  this  context  shall  be  final  as 
regards all the parties concerned.  

The joint supervisory body may also set up one or more other committees. 

The joint supervisory body shall be consulted on that part of the Europol budget which 
concerns it. Its opinion shall be annexed to the draft budget in question. 

The joint supervisory body shall be assisted by a secretariat, the tasks of which shall be 
defined in the rules of procedure. 

Article 34  
Data security 

Europol  shall  take  the  necessary  technical  and  organisational  measures  to  ensure  the 
implementation  of  this  Decision.  Measures  shall  be  considered  necessary  where  the 
effort they involve is proportionate to the objective they are designed to achieve in terms 
of protection. 

In respect of automated data processing at Europol each Member State and Europol shall 
implement measures designed to: 

(a) 

deny  unauthorised  persons  access  to  data  processing  equipment  used  for 
processing personal data (equipment access control); 

(b)  prevent the unauthorised reading, copying, modification or removal of data media 

(data media control); 

(c) 

prevent  the  unauthorised  input  of  data  and  the  unauthorised  inspection, 
modification or deletion of stored personal data (storage control); 

(d)  prevent  the  use  of  automated  data  processing  systems  by  unauthorised  persons 

using data communication equipment (user control); 

(e) 

(f) 

ensure  that  persons  authorised  to  use  an  automated  data  processing  system  only 
have access to the data covered by their access authorisation (data access control); 

ensure that it is possible to verify and establish to which bodies personal data may 
be transmitted using data communication equipment (communication control); 

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(g) 

ensure  that  it  is  possible  to  verify  and  establish  which  personal  data  have  been 
input into automated data or processing systems and when and by whom the data 
were input (input control); 

(h)  prevent  unauthorised  reading,  copying,  modification  or  deletion  of  personal  data 
during transfers of personal data or during transportation of data media (transport 
control); 

(i) 

(j) 

ensure that installed systems may, in case of interruption, be immediately restored 
(recovery); 

ensure that the functions of the system perform without fault, that the appearance 
of faults in the functions is immediately reported (reliability) and that stored data 
cannot be corrupted by means of a malfunctioning of the system (integrity). 

CHAPTER VI - ORGANISATION 

Article 35  
Organs of Europol 

The organs of Europol shall be: 

(a) 

the Management Board; 

(b) 

the Director. 

Article 36  
Management Board 

1. 

2. 

3. 

4. 

5. 

6. 

7. 

The Management Board shall be composed of one delegation from each Member State, 
and one from the Commission. Each Member State delegation shall have one vote. The 
Commission delegation shall have three votes except for the adoption of the budget and 
the work programme, where it will have six votes.  

The  Management  Board  shall  be  chaired  by  the  representative  of  the  Member  State 
holding the Presidency of the Council of the European Union. 

The  Director  shall  participate  in  the  meetings  of  the  Management  Board,  without  the 
right to vote. 

Members of the Management Board and the Director may be accompanied by experts. 

The  Management  Board  shall  meet  at  least twice  a  year,  and  no  more  than  four  times 
each year. Additional meetings can be convened in cases of urgency, to be determined 
by the chairman. 

The Management Board shall establish its rules of procedure. 

The Management Board shall act by a two thirds majority of its members. 

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8. 

The Management Board shall: 

(a) 

oversee the proper performance of the Director's duties;  

(b) 

(c) 

(d) 

(e) 

(f) 

take any decision or implementing measures in accordance with the provisions of 
this Decision;  

adopt the implementing rules applicable to Europol staff, on a proposal from the 
Director and after seeking agreement from the Commission; 

adopt  the  financial  regulation  and  appoint  the  accounting  officer  in  conformity 
with Commission Regulation (EC, Euratom) No 2343/2002 , after consulting the 
Commission; 

adopt a list of at least three candidates for the post of Director to be submitted to 
the Council after consulting the Commission, 

be  responsible  for  any  other  tasks  assigned  to  it  by  the  Council  particularly  in 
provisions for the implementation of this Decision.  

9. 

The Management Board shall adopt each year: 

(a) 

(b) 

the draft budget estimate and the preliminary draft budget to be submitted to the 
Commission, including the establishment plan, and the final budget;  

a  work  programme  for  Europol's  future  activities  taking  into  account  Member 
States'  operational  requirements  and  budgetary  and  staffing  implications  for 
Europol, after the Commission has delivered an opinion; 

(c) 

a general report on Europol's activities during the previous year. 

These documents shall be submitted to the Council for endorsement. They shall also be 
forwarded by the Council to the European Parliament for information. 

The  Management  Board  may  decide,  in  cases  of  strict  necessity,  to  establish  working 
groups to make recommendations, to develop and propose strategies, or to perform any 
other  advisory  task  deemed  necessary  by  the  Management  Board.  The  Management 
Board  shall  draw  up  the  rules  governing  the  creation  and  functioning  of  the  working 
groups. 

The Management Board shall exercise the powers laid down in Article 38(3) in respect 
of the Director, without prejudice to Article 37, and the Data Protection Officer referred 
to in Article 27. 

The Council Decisions referred to in Articles 4(4), 10(3), 14(1), 23(2), 25(1), 33(8) and 
39(1) shall be prepared by the Management Board.  

The Management Board shall consult the joint supervisory body referred to in Article 33 
in the preparation of the Decisions referred to in Articles 10(3), 14(1) and 25(1). 

10. 

11. 

12. 

13. 

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Article 37  
Director 

1. 

2. 

3. 

Europol shall  be headed by a Director  appointed by the  Council, acting by a qualified 
majority, from a list of at least three candidates presented by the Management Board, for 
a four-year period extendable once.  

The  Director  shall  be  assisted  by  Deputy  Directors  appointed  for  a  four-year  period 
extendable once, in accordance with the procedure laid down in paragraph 1. Their tasks 
shall be defined in greater detail by the Director.  

The  Management  Board  shall  establish  rules  regarding  the  selection  of  candidates  for 
the  position  of  Director  or  Deputy  Director.  Such  rules  shall  be  approved  by  the 
Council, acting by a qualified majority prior to their entry into force. 

4. 

The Director shall be responsible for: 

(a) 

performance of the tasks assigned to Europol; 

(b)  day-to-day administration; 

(c) 

exercising, in respect of the staff, the powers laid down in Article 38(3); 

(d)  proper preparation and implementation of the Management Board's decisions; 

(e) 

drawing up the preliminary draft budget, provisional establishment plan and draft 
work programme;  

(f) 

implementing Europol's budget; 

5. 

6. 

7. 

(g)  on a regular basis, informing the Management Board on the implementation of the 
priorities defined by the Council, as well as on Europol's external relations; 

(h) 

all other tasks assigned to him in this Decision or by the Management Board. 

The  Director  shall  be  accountable  to  the  Management  Board  in  respect  of  the 
performance of his duties.  

The Director shall be Europol's legal representative. 

The Director and the Deputy Directors may be dismissed by a decision of the Council, 
acting by a qualified majority after consulting the European Parliament, after obtaining 
the opinion of the Management Board. The Management Board shall establish the rules 
to  be  applied  in  such  cases.  Such  rules  shall  be  approved  by  the  Council,  acting  by  a 
qualified  majority  after  consulting  the  European  Parliament,  prior  to  their  entry  into 
force. 

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1. 

2. 

3. 

4. 

5. 

1. 

2. 

Article 38  
Staff 

The  Staff  Regulations  of  officials  of  the  European  Communities,  the  Conditions  of 
employment  of  other  servants  of  the  European  Communities  and  the  rules  adopted 
jointly  by  the  institutions  of  the  European  Communities  for  the  purposes  of  the 
application of those Staff Regulations and Conditions of employment shall apply to the 
Director of Europol, the Deputy Directors and to the Europol staff engaged after the date 
of applicability of this Decision. 

For the purpose of implementing Regulation (EEC, Euratom, ECSC) No 259/68 of the 
Council  of  29  February  1968  laying  down  the  Staff  regulations  of  officials  and  the 
Conditions  of  employment  of  other  servants  of  the  European  Communities  and 
instituting  special  measures  temporarily  applicable  to  officials  of  the  Commission, 
Europol  is  an  agency  within  the  meaning  of  Article  1a(2)  of  the  Staff  regulations  of 
officials of the European Communities. 

The  powers  conferred  on  the  appointing  authority  by  the  Staff  regulations  and  on  the 
authority  authorised  to  conclude  contracts  by  the  Conditions  of  employment  of  other 
servants  shall  be  exercised  by  Europol  in  respect  of  its  staff  and  of  the  Director  in 
accordance with the provisions of Articles 36(11) and 37(4)(c) of this Decision. 

The staff of Europol shall consist of staff recruited according to the rules and regulations 
referred to in paragraph 1. They shall have the status of permanent staff, temporary staff 
or contract staff. Community officials may be seconded to Europol by the Community 
institutions as temporary staff.  

Member States may second national experts to Europol. For this case, the Management 
Board shall adopt the necessary implementing arrangements. 

CHAPTER VII - CONFIDENTIALITY ISSUES 

Article 39  
Confidentiality 

Europol and the Member States shall take appropriate measures to protect information 
subject  to  the  requirement  of  confidentiality  which  is  obtained  by  or  exchanged  with 
Europol  on  the  basis  of  this  Decision.  To  this  end  the  Council,  acting  by  a  qualified 
majority  after  consulting  the  European  Parliament,  shall  adopt  appropriate  rules  on 
confidentiality. Such rules shall include provisions on the cases in which Europol may 
exchange information subject to the requirement of confidentiality with third parties. 

Where Europol intends to entrust persons with a sensitive activity, Member States shall 
undertake to arrange, at the request of the Director of Europol, for security screening of 
their own nationals to be carried out in accordance with their national provisions and to 
provide each other with mutual assistance for the purpose. The relevant authority under 
national  provisions  shall  inform  Europol  only  of  the  results  of  the  security  screening. 
Those results shall be binding on Europol. 

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3. 

1. 

2. 

3. 

Each  Member  State  and  Europol  may  entrust  with  the  processing  of  data  at  Europol, 
only those persons who have had special training and undergone security screening. The 
Management Board shall adopt rules for the security clearance of Europol officials. The 
Management Board shall be regularly informed by the Director on the state of security 
screening of Europol staff.  

Article 40  
Obligation of discretion and confidentiality 

The  Europol  Director,  the  members  of  the  Management  Board,  the  Deputy  Directors, 
employees  of  Europol  and  liaison  officers  shall  refrain  from  any  action  and  any 
expression of opinion which might be harmful to Europol or prejudice its activities. 

The  Europol  Director,  the  members  of  the  Management  Board,  the  Deputy  Directors, 
employees of Europol and liaison officers, as well as any other person under a particular 
obligation  of  discretion  or  confidentiality,  shall  be  bound  not  to  disclose  any  facts  or 
information  which  come  to  their  knowledge  in  the  performance  of  their  duties  or  the 
exercise  of  their  activities  to  any  unauthorised  person  or  to  the  public.  This  shall  not 
apply to facts or information too insignificant to require confidentiality. The obligation 
of discretion and confidentiality shall apply even after leaving office or employment, or 
after termination of activities. The particular obligation referred to in the first sentence 
shall  be  notified  by  Europol,  and  a  warning  given  of  the  legal  consequences  of  any 
infringement. A written record shall be drawn up of such notification. 

The  Europol  Director,  the  members  of  the  Management  Board,  the  Deputy  Directors, 
employees of Europol and liaison officers, as well as other persons under the obligation 
provided  for  in  paragraph  2,  shall  not  give  evidence  in  or  outside  court  or  make  any 
statements  on  any  facts  or  information  which  come  to  their  knowledge  in  the 
performance  of  their  duties  or  the  exercise  of  their  activities,  without  reference  to  the 
Director or, in the case of the Director himself, to the Management Board. 

The Director or Management Board, depending on the case, shall approach the judicial 
body or any other competent body with a view to ensuring that the necessary measures 
under the national law applicable to the body approached are taken. Such measures may 
either  be  to  adjust  the  procedures  for  giving  evidence  in  order  to  ensure  the 
confidentiality  of  the  information,  or  provided  that  the  national  law  concerned  so 
permits, to refuse to make any communication concerning data in so far as is vital for 
the protection of the interests of Europol or of a Member State. 

Where  a  Member  State's  legislation  provides  for  the  right  to  refuse  to  give  evidence, 
persons referred to in paragraph 2 asked to give evidence shall need permission to do so. 
Permission shall be granted by the Director and, as regards evidence to be given by the 
Director, by the Management Board. Where a liaison officer is asked to give evidence 
concerning information he receives from Europol, such permission shall be given after 
the  agreement  of  the  Member  State  responsible  for  the  officer  concerned  has  been 
obtained.  The  obligation  to  seek  permission  to  give  evidence  shall  apply  even  after 
leaving office or employment or after termination of activities. 

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Furthermore,  if  the  possibility  exists  that  the  evidence  may  extend  to  information  and 
knowledge  which  a  Member  State  has  communicated  to  Europol  or  which  clearly 
involves  a  Member  State,  the  position  of  that  Member  State  concerning  the  evidence 
shall be sought before permission is granted.  

Permission to give evidence may be refused only in so far as this is necessary to protect 
overriding interests of Europol or of a Member State or States that need protection.  

4. 

Each  Member  State  shall  treat  any  infringement  of  the  obligation  of  discretion  or 
confidentiality laid down in paragraphs 2 and 3 as a breach of the obligations imposed 
by  its  law  on  official  or  professional  secrets  or  its  provisions  for  the  protection  of 
confidential material. 

It shall ensure that the rules and provisions concerned apply also to its own employees 
who have contact with Europol in the course of their work. 

CHAPTER VIII - BUDGET PROVISIONS – MONITORING AND 
EVALUATION 

Article 41 
Budget 

1. 

2. 

3. 

4. 

5. 

6. 

The revenues of Europol shall consist, without prejudice to other types of income, of a 
subsidy  from  the  Community  entered  in  the  general  budget  of  the  European  Union 
(Commission section) as from 1 January 2010. 

The  expenditure  of  Europol  shall  include  the  staff,  administrative,  infrastructure  and 
operational expenses. 

The Director shall draw up a draft estimate of the revenues and expenditure of Europol 
for the following financial year and shall forward it to the Management Board together 
with a provisional establishment plan. The establishment plan shall consist of posts of a 
permanent or temporary nature and a reference to national experts seconded, and shall 
state the number, grade and category of staff employed by Europol for the financial year 
in question. 

Revenue and expenditure shall be in balance. 

The  Management  Board  shall  adopt  the  draft  estimate,  including  the  provisional 
establishment plan accompanied by the preliminary work programme, and forward them 
by  31  March  of  each  year,  at  the  latest,  to  the  Commission.  If  the  Commission  has 
objections to the draft estimate, it  shall inform the Management  Board  within 30 days 
following receipt thereof. 

The estimate shall be forwarded by the Commission to the European Parliament and the 
Council (hereinafter referred to as the budgetary authority) together with the preliminary 
draft budget of the European Union. 

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7. 

8. 

9. 

10. 

11. 

1. 

2. 

3. 

4. 

On the basis of the estimate, the Commission shall enter in the preliminary draft general 
budget  of  the  European  Union,  which  it  shall  place  before  the  budgetary  authority  in 
accordance  with  Article  272  of  the  Treaty,  the  estimates  it  deems  necessary  for  the 
establishment plan and the amount of the subsidy to be charged to the general budget. 

The  budgetary  authority  shall  authorise  the  appropriations  for  the  subsidy  to  Europol 
and the establishment plan when adopting the general budget of the European Union.  

The  Management  Board  shall  adopt  the  Europol  budget  and  the  establishment  plan. 
They shall become definitive following the final adoption of the general budget of the 
European  Union.  Where  appropriate,  they  shall  be  adjusted  accordingly,  through 
adoption of a revised budget. 

Any  modification  to  the  budget,  including  the  establishment  plan,  shall  follow  the 
procedure laid down in paragraphs 5 to 9. 

The Management Board shall, as soon as possible, notify the budgetary authority of its 
intention to implement any project that may have significant financial implications for 
the funding of its budget, in particular any projects relating to property such as the rental 
or purchase of buildings. It shall inform the Commission thereof. Where a branch of the 
budgetary  authority  notifies  its  intention  to  deliver  an  opinion,  it  shall  forward  its 
opinion  to  the  Management  Board  within  a  period  of  six  weeks  from  the  date  of 
notification of the project. 

Article 42 
Implementation and control of the budget 

The Director shall implement Europol’s budget. 

By 28 February at the latest following each financial year, Europol’s accounting officer 
shall  communicate  the  provisional  accounts  to  the  Commission’s  accounting  officer 
together with a report on the budgetary and financial management for that financial year. 
The Commission’s  accounting officer shall consolidate the provisional accounts of the 
institutions  and  decentralised  bodies  in  accordance  with  Article  128  of  Council 
Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation 
applicable to the general budget of the European Communities (Financial Regulation). 

By 31 March at the latest  following each financial year, the Commission’s accounting 
officer shall forward Europol’s provisional accounts to the Court of Auditors, together 
with  a  report  on  the  budgetary  and  financial  management  for  that  financial  year.  The 
report  on  the  budgetary  and  financial  management  for  that  financial  year  shall  also  be 
forwarded to the European Parliament and the Council. 

On  receipt  of  the  Court  of  Auditors’  observations  on  Europol’s  provisional  accounts, 
pursuant to Article 129 of the Financial Regulation, the Director shall draw up Europol’s 
final accounts under his own responsibility and forward them to the Management Board 
for an opinion. 

5. 

The Management Board shall deliver an opinion on Europol’s final accounts. 

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6. 

7. 

8. 

9. 

By 30 June at the latest following each financial year, the Director shall send the final 
accounts, together with the opinion of the Management Board, to the Commission, the 
Court of Auditors, the European Parliament and the Council. 

The final accounts shall be published. 

The  Director  shall  send  the  Court  of  Auditors  a  reply  to  its  observations  by  30 
September  at  the  latest.  He  shall  also  send  a  copy  of  this  reply  to  the  Management 
Board. 

Upon  a  recommendation  from  the  Council,  the  European  Parliament  shall,  before  30 
April  of  year  n  +  2,  give  a  discharge  to  the  Director  of  Europol  in  respect  of  the 
implementation of the budget for year n. 

Article 43 
Financial provision 

The financial rules applicable to Europol shall be adopted by the Management Board after having 
consulted the Commission. They may not depart from Regulation (EC, Euratom) No 2343/2002 
of  23  December  200214,  unless  necessary  for  Europol’s  operation.  The  prior  consent  of  the 
Commission shall be required for the adoption of any rules which derogate from the Regulation 
(EC, Euratom) No 2343/2002. The budgetary authority shall be informed of these derogations. 

Article 44 
Monitoring and evaluation  

The Director will establish a monitoring system in order to collect indicators of the effectiveness 
and efficiency of the duties performed within Europol. 

Within  five  years  after  this  Decision  applies  and  every  five  years  thereafter,  the  Management 
Board  shall  commission  an  independent  external  evaluation  of  the  implementation  of  this 
Decision as well as of the activities carried out by Europol.  

Each evaluation shall assess the impact of this Decision, the utility, relevance, effectiveness and 
efficiency of  Europol.  The  Management  Board  shall  issue  specific  terms  of  reference  in 
agreement with the Commission. 

On this basis it will issue a report including the evaluation findings and recommendations. This 
report shall be forwarded to the Commission, the European Parliament and the Council and shall 
be made public. 

14 

OJ L 357, 31.12.2002, p. 72. 

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CHAPTER IX - MISCELLANEOUS PROVISIONS 

Article 45 
Rules concerning access to Europol documents 

On the basis of a proposal by the Director, and not later than six months after this Decision is 
applicable,  the  Management  Board  shall  adopt  rules  concerning  access  to  Europol  documents, 
taking  into  account  the  principles  and  limits  set  out  in  Regulation  (EC)  No  1049/2001  of  the 
European Parliament and of the Council15. 

Article 46  
Languages 

1. 

2. 

Regulation No. 1 of 15 April 1958 determining the languages to be used in the European 
Economic Community16 shall apply to Europol. 

The translations required for Europol's work shall be provided by the translation centre 
of the Union institutions. 

Article 47 
Informing the European Parliament 

The  chairman  of  the  Management  Board  and  the  Director  may  appear  before  the  European 
Parliament to discuss general questions relating to Europol.  

Article 48 
Combating fraud 

Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 
concerning investigations conducted by the European Anti-fraud Office (OLAF)17 shall apply to 
Europol.  

Europol  shall  accede  to  the  Inter-institutional  Agreement  of  25  May  1999  concerning  internal 
investigations  by  the  European  Anti-Fraud  Office  (OLAF)  and  shall  issue,  without  delay,  the 
appropriate provisions applicable to the Europol Director, the Deputy Directors and staff. 

Article 49  
Headquarters agreement 

The  necessary  arrangements  concerning  the  accommodation  to  be  provided  for  Europol  in  the 
headquarters State and the facilities to be made available by that State as well as the particular 

15 
16 

17 

OJ L 145, 31.5.2001, p. 43. 
OJ 17, 6.10.1958, p. 385/58. Regulation as last amended by the 2003 Act of Accession. 
OJ L 136, 31.5.1999, p. 1. 

EN 

45 

   EN 

 
                                                 
rules  applicable  in  the  Europol  headquarters  State  to  the  Europol  Director,  the  members  of  the 
Management Board, the Deputy Directors, employees of Europol and members of their families 
shall  be  laid  down  in  a  headquarters  agreement  between  Europol  and  the  Kingdom  of  the 
Netherlands to be concluded after obtaining the approval of the Management Board. 

1. 

2. 

3. 

4. 

1. 

2. 

3. 

Article 50 
Privileges and immunities 

The protocol on the Privileges and Immunities of the European Communities shall apply 
to the Director and Deputy Directors of Europol and to its staff.  

The immunity referred to in paragraph 1 shall not be granted in respect of official acts 
required  to  be  undertaken  in  fulfilment  of  the  tasks  deriving  from  the  participation  of 
Europol staff in joint investigation teams. 

The  provisions  on  privileges  and  immunities  and  as  set  out  in  Annex  II  shall  apply  to 
Europol and to the members of its Management Board. 

The  Kingdom  of  the  Netherlands  and  the  other  Member  States  shall  agree  that  liaison 
officers  seconded  from  the  other  Member  States  as  well  as  members  of  their  families 
shall enjoy those privileges and immunities necessary for the proper performance of the 
tasks of the liaison officers at Europol. 

Article 51  
Liability for unauthorised or incorrect data processing 

Each Member State shall be liable, in accordance with its national law, for any damage 
caused to an individual as a result of legal or factual errors in data stored or processed at 
Europol.  Only  the  Member  State  in  which  the  event  which  gave  rise  to  the  damage 
occurred  shall  be  the  subject  of  an  action  for  compensation  on  the  part  of  the  injured 
party,  who  shall  apply  to  the  courts  having  jurisdiction  under  the  national  law  of  the 
Member  State  concerned.  A  Member  State  may  not  plead  that  another  Member  State 
had transmitted inaccurate data in order to avoid its liability under its national legislation 
vis-à-vis an injured party. 

If legal or factual errors occurred as a result of erroneous communication of data or of 
failure to comply with the obligations laid down in this Decision on the part of one or 
more Member States or as a result of unauthorised or incorrect storage or processing by 
Europol, Europol or the other Member State in question shall be bound to repay to the 
injured  party,  on  request,  the  amounts  paid  as  compensation  pursuant  to  paragraph  1 
unless the data were used in breach of this Decision by the Member State in the territory 
of which the damage was caused. 

Any dispute between that Member State and Europol or another Member State over the 
principle or amount of the repayment shall be referred to the Management Board, which 
shall settle the matter. 

EN 

46 

   EN 

 
1. 

2. 

3. 

4. 

1. 

2. 

1. 

2. 

Article 52  
Other liability 

Europol's contractual liability shall be governed by the law applicable to the contract in 
question. 

In the case of non-contractual liability, Europol shall be obliged, independently of any 
liability  under  Article  51,  to  make  good  any  damage  caused  through  the  fault  of  its 
Director, of its Deputy Directors, of members of its Management Board or of its staff in 
the  performance  of  their  duties  regardless  of  the  different  procedures  for  claiming 
damages which exist under the law of the Member States. 

The injured party shall have the right to demand that Europol refrain from or drop any 
action. 

The  national  courts  of  the  Member  States  competent  to  deal  with  disputes  involving 
Europol's  liability  as  referred  to  in  this  Article  shall  be  determined  by  reference  to 
Council  Regulation  (EC)  No  44/2001  of  22  December  2000  on  jurisdiction  and  the 
recognition and enforcement of judgments in civil and commercial matters18. 

Article 53 
Liability with regard to Europol's participation in joint investigation teams 

The  Member  State  in  the  territory  of  which  damage  is  caused  by  Europol  officials 
operating  in  accordance  with  Article  6  in  that  Member  State  during  their  assistance  in 
operational measures shall make good such damage under the conditions applicable to 
damage caused by its own officials. 

Unless otherwise agreed by the Member State concerned, Europol shall reimburse in full 
any sums that Member State has paid to the victims or persons entitled on their behalf 
for  damage  referred  to  in  paragraph  1.  Any  dispute  between  that  Member  State  and 
Europol over the principle or amount of repayment shall be referred to the Management 
Board, which shall settle the matter. 

CHAPTER X -TRANSITIONAL PROVISIONS 

Article 54  
General legal succession 

This  Decision  does  not  affect  the  legal  force  of  agreements  concluded  by  Europol  as 
established by the Europol Convention prior to the applicability of this Decision.  

Paragraph  1  shall  apply  in particular  to the  Headquarters  Agreement  concluded  on  the 
basis  of  Article  37  of  the  Europol  Convention,  as  well  as  the  agreements  between  the 
Kingdom  of  the  Netherlands  and  the  other  Member  States  established  on  the  basis  of 

18 

OJ L 12, 16.1.2001, p. 1. 

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47 

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Article 41(2) of the Europol Convention and in respect of all international agreements, 
including  their  provisions  on  exchange  of  information,  and  to  contracts  concluded  by, 
liabilities  incumbent  on,  and  properties  acquired  by  Europol,  as  established  by  the 
Europol Convention.  

Article 55 
Director and Deputy Directors  

The Director and Deputy Directors appointed on the basis of Article 29 of the Europol 
Convention, shall, for the remaining periods of their terms of office, be the Director and 
Deputy  Directors  within  the  meaning  of  Article  37  of  this  Decision.  If  their  terms  of 
office  end  within  one  year  after  the  date  this  Decision  is  applicable,  their  terms  shall 
automatically  be  extended  until  one  year  after  the  date  on  which  this  Decision  is 
applicable. 

In the event that the Director or one or more of the Deputy Directors are unwilling or 
unable to act in accordance with paragraph 1, the Management Board shall appoint an 
interim  Director  or  interim  Deputy  Director  as  required  for  a  maximum  period  of  18 
months, pending the appointments provided for in Article 37(1) and (2). 

Article 56  
Staff 

By way of derogation from Article 38, all employment contracts concluded by Europol, 
as  established  by  the  Europol  Convention  before  the  entry  into  force  of  this  Decision 
will be honoured.  

All members of staff under contracts as referred to in paragraph 1 shall be offered the 
possibility to conclude contracts under Article 2(a) of the Conditions of Employment of 
other Servants of the Communities laid down in Regulation (EEC, Euratom, ECSC) No 
259/6819  at  the  various  grades  as  set  out  in  the  establishment  plan.  To  that  end  an 
internal  selection  process  limited  to  staff  employed  by  Europol  before  the  date  of 
application  of  this  Decision  will  be  established  within  two  years  after  the  date  of 
application of this Decision by the authority authorised to conclude contracts in order to 
check  the  competence,  efficiency  and  integrity  of  those  to  be  engaged.  Successful 
candidates  will  be  offered  a  contract  under  Article  2(a)  of  the  Conditions  of 
Employment  of  other  Servants  of  the  Communities  laid  down  in  Regulation  (EEC, 
Euratom, ECSC) No 259/68. 

The  Europol  Staff  Regulations20  shall  continue  to  apply  to  staff  members  who  are  not 
recruited in accordance with paragraph 2. By way of derogation from Chapter 5 of the 
Europol Staff Regulations, the percentage rate of the annual adjustment of remuneration 
decided  by  the  Council  in  accordance  with  Article  65  of  the  Staff  Regulations  of 
officials of the European Communities shall apply to Europol staff. 

OJ  L  56,  4.3.1968,  p.  1.  Regulation  as  last  amended  by  Regulation  (EC,  Euratom)  No  31/2005  (OJ  L 
8,12.1.2005, p. 1). 
OJ C 26, 30.1.1999, p. 23. 

1. 

2. 

1. 

2. 

3. 

19 

20 

EN 

48 

   EN 

 
                                                 
Article 57 
Budget 

1. 

2. 

3. 

4. 

The  discharge  procedure  in  respect  of  the  budgets  established  on  the  basis  of  Article 
35(5)  of  the  Europol  Convention,  shall be carried out in accordance with the  financial 
regulation adopted on the basis of Article 35(9) of the Europol Convention. 

All  expenditure  resulting  from  commitments  made  by  Europol  in  accordance  with  the 
financial  regulation  adopted  on  the  basis  of  Article  35(9)  of  the  Europol  Convention 
before  this  Decision  is  applicable  which  has  not  yet  been  paid  at  that  time  shall  be 
covered by the budget of Europol, as established by this Decision. 

Before the expiry of a period of nine months after the application of this Decision, the 
Management  Board  shall  establish  the  amount  covering  the  expenditure  referred  to  in 
paragraph  2.  A  corresponding  amount,  financed  from  the  accumulated  surplus  of  the 
budgets  approved  on  the  basis  of  Article  35(5)  of  the  Europol  Convention,  shall  be 
transferred  into  the  first  budget  established  under  this  Decision  and  shall  constitute  an 
assigned revenue to cover this expenditure. 

If the surpluses are not sufficient to cover the expenditure referred to in paragraph 2, the 
Member  States  shall  provide  the  financing  necessary  on  the  basis  of  the  Europol 
Convention. 

The remainder of the surpluses of the budgets approved on the basis of Article 35(5) of 
the Europol Convention shall be paid back to the Member States. The amount to be paid 
to each of the Member States shall be calculated on the basis of the annual contributions 
from the Member States to the Europol budgets established on the basis of Article 35(2) 
of the Europol Convention. 

The  payment  shall  be  made  within  three  months  after  the  amount  covering  the 
expenditure referred to in paragraph 2 has been established and the discharge procedures 
regarding the budgets approved on the basis of Article 35(5) of the Europol Convention 
have been completed. 

Article 58 
Measures to be prepared before applicability 

1. 

The Management Board set up on the basis of the Europol Convention, as well as the 
Director, appointed on the basis of that Convention, and the Joint Supervisory Body set 
up on the basis of the Europol Convention shall prepare the adoption of the instruments 
listed below: 

(a) 

the rules and obligations of liaison officers as referred to in Article 9(4); 

(b) 

(c) 

the rules applicable to Analysis Work Files as referred to in the third subparagraph 
of Article 14(1); 

the rules regarding the international relations of Europol, as referred to in Article 
25(1); 

EN 

49 

   EN 

 
(d) 

the  rules  regarding  the  relations  of  Europol  with  Community  or  Union  related 
bodies and agencies, as referred to in Article 25(2); 

(e) 

the rules implementing the Staff Regulations referred to in Article 36(8)(c); 

(f) 

the  rules  on  the  selection  and  dismissal  of  the  Director  and  Deputy  Directors 
referred to in Article 37(3) and (7); 

(g) 

the rules on confidentiality referred to in Article 39(1);  

(h) 

the financial rules referred to in Article 43. 

2. 

For the purpose of adopting the measures referred to in paragraph 1(a), (d), (e) and (h), 
the composition of the Management Board shall be as laid down in Article 36(1). The 
Management Board shall adopt those measures in accordance with the procedure as set 
out in the provisions referred to in paragraph 1(a), (d), (e) and (h). 

The  Council  shall  adopt  the  measures  referred  to  in  paragraph  1(b),  (c),  (f)  and  (g)  in 
accordance with the procedure as set out in paragraph 1(b), (c), (f) and (g). 

CHAPTER XI - FINAL PROVISIONS 

Article 59 
Transposition 

The Member States shall ensure that their national law is in conformity with this Decision by [18 
months after its adoption at the latest].  

Article 60 
Replacement 

This  Decision  replaces  the  Europol  Convention  and  the  Protocol  on  the  privileges  and 
immunities  of  Europol,  the  members  of  its  organs,  the  Deputy  Directors  and  employees  of 
Europol as of 1 January 2010. 

Article 61 
Repeal 

All  measures  implementing  the  Europol  Convention  are  repealed  with  effect  from  1  January 
2010. 

Article 62 
Entry into force and applicability 

1. 

This Decision shall enter into force on the twentieth day following that of its publication 
in the Official Journal of the European Union. 

EN 

50 

   EN 

 
2. 

It shall apply from 1 January 2010. Articles 58 and 59 shall apply as from the date of 
entry into force. 

EN 

51 

   EN 

 
Forms of crime referred to in Article 4(2): 

ANNEX I  

The following offences as they are defined under the law of the Member States shall be 
considered to be serious crime: 

–  participation in a criminal organisation, 

–  terrorism, 

–  trafficking in human beings, 

–  sexual exploitation of children and child pornography, 

–  illicit trafficking in narcotic drugs and psychotropic substances, 

–  illicit trafficking in weapons, munitions and explosives, 

–  corruption, 

–  fraud,  including  that  affecting  the  financial  interests  of  the  European  Communities 
within  the  meaning  of  the  Convention  of  26  July  1995  on  the  protection  of  the 
European Communities' financial interests, 

–  laundering of the proceeds of crime, 

–  counterfeiting currency, including of the Euro, 

–  computer-related crime, 

–  environmental crime, including illicit trafficking in endangered animal species and in 

endangered plant species and varieties, 

–  facilitation of unauthorised entry and residence, 

–  murder, grievous bodily injury, 

–  illicit trade in human organs and tissue, 

–  kidnapping, illegal restraint and hostage-taking, 

–  racism and xenophobia, 

–  organised or armed robbery, 

–  illicit trafficking in cultural goods, including antiques and works of art, 

–  swindling, 

–  racketeering and extortion, 

EN 

52 

   EN 

 
–  counterfeiting and piracy of products, 

–  forgery of administrative documents and trafficking therein, 

–  forgery of means of payment, 

–  illicit trafficking in hormonal substances and other growth promoters, 

–  illicit trafficking in nuclear or radioactive materials, 

–  trafficking in stolen vehicles, 

–  rape, 

–  arson, 

–  crimes within the jurisdiction of the International Criminal Court, 

–  unlawful seizure of aircraft/ships, 

–  sabotage. 

EN 

53 

   EN 

 
ANNEX II 

Privileges and immunities applicable to Europol and to members of its Management Board: 

1)  Immunity  from  legal  process  and  immunity  from  search,  seizure,  requisition, 
confiscation and any other form of interference  

1. Europol shall have immunity from legal process for the liability referred to in Article 51 of this 
Decision in respect of unauthorized or incorrect data processing. 

2. The property, funds and assets of Europol, wherever located on the territories of the Member 
States and by whomsoever held, shall be immune from search, seizure, requisition, confiscation 
and any other form of interference. 

2) Inviolability of archives  

The  archives  of  Europol  wherever  located  on  the  territories  of  the  Member  States  and  by 
whomsoever  held  shall  be 
inviolable.  The  archives  of  Europol  means  all  records, 
correspondence,  documents,  manuscripts,  computer  and  media  data,  photographs,  films,  video 
and sound recordings belonging to or held by Europol or any of its staff members, and any other 
similar  material  which  in  the  unanimous  opinion  of  the  Board  and  Director  forms  part  of  the 
archives of Europol. 

3) Exemption from taxes and duties  

1. Within the scope of its official activities, Europol, its assets, income and other property shall 
be exempt from all direct taxes. 

2. Europol shall be exempt from indirect taxes and duties included in the price of movable and 
immovable  property  and  services,  acquired  for  its  official  use  and  involving  considerable 
expenditure. The exemption may be granted by way of a refund. 

3. Goods purchased under this point with exemption from value-added tax or excise duties shall 
not be sold or otherwise disposed of, except in accordance with the conditions agreed upon with 
the Member State that has granted the exemption. 

4.  No  exemption  will  be  granted  from  taxes  and  duties  which  represent  charges  for  specific 
serviced rendered. 

4) Freedom of financial assets from restrictions  

Without being subject to any financial controls, regulations, notification requirements in respect 
of financial transactions, or moratoria of any kind, Europol may freely: 

(a) purchase any currencies through authorized channels and hold and dispose of them; 

(b) operate accounts in any currency. 

EN 

54 

   EN 

 
5) Facilities and immunities in respect of communication  

1.  Member  States  shall  permit  Europol  to  communicate  freely  and  without  a  need  for  special 
permission, for all official purposes, and shall protect the right of Europol to do so. Europol shall 
have the right to use codes and to dispatch and receive official correspondence and other official 
communications by courier or in sealed bags which shall be subject to the same privileges and 
immunities as diplomatic couriers and bags. 

2.  Europol  shall,  as  far  as  may  be  compatible  with  the  International  Telecommunications 
convention  of  6  November  1982,  for  its  official  communications  enjoy  treatment  not  less 
favorable than that accorded by member States to any international organization or government, 
including diplomatic missions of such government, in the matter of priorities for communication 
by mail, cable, telegraph, telex, radio, television, telephone, fax, satellite, or other means. 

6) Entry, stay and departure  

Member States shall facilitate, if necessary, the entry, stay and departure of the members of the 
Management  Board  of  Europol  for  purposes  of  official  business.  This  shall  not  prevent  the 
requirement of reasonable evidence to establish that persons claiming the treatment provided for 
under this point are members of the Management Board of Europol. 

7) Privileges and immunities of members of the Management Board of Europol  

Members of the Management Board of Europol shall enjoy the following immunities: 

(a) Without prejudice to Article 40 of this Decision, immunity from legal process of any kind in 
respect  of  words  spoken  or  written,  and  of  acts  performed  by  them,  in  the  exercise  of  their 
official  functions,  such  immunity  to  continue  notwithstanding  that  the  persons  concerned  may 
have ceased to be members of Europol Management Board; 

(b) inviolability of all their official papers and documents and other official materials. 

8) Exemptions to immunities  

The immunity granted to the members of the Management Board of Europol shall not extend to 
civil action by a third party for damages, including personal injury or death, arising from a traffic 
accident caused by any such person. 

9) Protection  

Member States shall, if so requested by the Director, take all reasonable steps in accordance with 
their  national  laws  to  ensure  the  necessary  safety  and  protection  of  the  members  of  the 
Management Board of Europol whose security is endangered due to their services to Europol. 

10) Waiver of immunities  

1. The privileges and immunities granted under these provisions are conferred in the interests of 
Europol and not for the personal benefit of the individuals themselves. It is the duty of Europol 
and all persons enjoying such privileges and immunities to observe in all other respects the laws 
and regulations of Member States. 

EN 

55 

   EN 

 
2. The Director shall be required to waive the immunity of Europol, in cases where the immunity 
would  impede  the  course  of  justice  and  can  be  waived  without  prejudice  to  the  interests  of 
Europol.  The  waiving  of  the  immunities  in  respect  of  Members  of  the  Management  Board  of 
Europol shall be within the competence of the respective Member States. They shall be required 
to  waive  the  immunity  of  Members  of  the  Management  Board,  in  cases  where  the  immunity 
would  impede  the  course  of  justice  and  can  be  waived  without  prejudice  to  the  interests  of 
Europol.  

3.  When  the  immunity  of  Europol  as  mentioned  in  point  1.2  has  been  waived,  searches  and 
seizures ordered by the judicial authorities of the Member States shall be effected in the presence 
of the Director or a person delegated by him, in compliance with the rules of confidentiality laid 
down in or by virtue of this Decision. 

4.  Europol  shall  cooperate  at  all  times  with  the  appropriate  authorities  of  Member  States  to 
facilitate  the  proper  administration  of  justice  and  shall  prevent  any  abuse  of  the  privileges  and 
immunities granted under these provisions. 

5. Should a competent authority or judicial body of a Member State consider that an abuse of a 
privilege or immunity conferred by these provisions has occurred, the Member State responsible 
for waiving immunity pursuant to paragraph 2 shall, upon request, consult with the appropriate 
authorities  to  determine  whether  any  such  abuse  has  occurred.  If  such  consultations  fail  to 
achieve  a  result  satisfactory  for  both  sides,  the  matter  shall  be  settled  in  accordance  with  the 
procedure set out in point 11. 

11) Settlement of disputes  

1.  Disputes  on  a  refusal  to  waive  an  immunity  of  Europol  or  of  a  member  of  the  Management 
Board of Europol shall be discussed by the Council in accordance with the procedure set out in 
Title VI of the Treaty on European Union with the aim of finding a settlement. 

2.  When  such  disputes  are  not  settled,  the  Council  shall  unanimously  decide  on  the  modalities 
according to which they shall be settled. 

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56 

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LEGISLATIVE FINANCIAL STATEMENT 

This document is intended to accompany and complement the Explanatory Memorandum. 
As such, when completing this Legislative Financial Statement, and without prejudice to 
its legibility, an attempt should be made to avoid repeating information contained in the 
Explanatory  Memorandum.  Before  filling  in  this  template,  please  refer  to  the  specific 
Guidelines  that  have  been  drafted  to  provide  guidance  and  clarification  for  the  items 
below.  

1. 

NAME OF THE PROPOSAL: 

Proposal for a COUNCIL DECISION establishing the European Police Office 
(EUROPOL) 

2. 

ABM / ABB FRAMEWORK 

Policy area: Area of Freedom, Security and Justice (titre 18) 

Activity: Security and safeguarding liberties (chapitre 18.05) 

3. 

BUDGET LINES 

3.1. 

Budget  lines  (operational  lines  and  related  technical  and  administrative 
assistance lines (ex- B..A lines)) including headings : 

18 05 02: Europol 

3.2. 

Duration of the action and of the financial impact: 

From 2010 onwards 

(expected date of adoption and entry into  force of the decision is 2008 but the 
decision  will  only  take  effect  after  the  adoption  of  implementing  measures,  by 
2010) 

3.3. 

Budgetary characteristics (add rows if necessary) : 

Budget 
line 

Type of expenditure 

New 

EFTA 
contribution 

Contributions 
from applicant 

Heading in 
financial 

EN 

57 

   EN 

 
18 05 02 

Non-
comp 

Diff21/22 

NO 

NO 

NO 

No [3a…] 

countries 

perspective 

4. 

SUMMARY OF RESOURCES 

4.1. 

Financial Resources 

4.1.1. 

Summary of commitment appropriations (CA) and payment appropriations (PA) 

Expenditure type 

Section 
no. 

2010 

2011 

2012 

2013 

n + 4 

n + 5 
and 
later 

Total 

EUR million (to 3 decimal places) 

Operational expenditure23 

Commitment 
Appropriations (CA) 

8.1 

a 

82 

83 

84 

85 

Payment  Appropriations 
(PA) 
Administrative expenditure within reference amount24 

83 

82 

b 

84 

85 

Technical 
& 
administrative  assistance 
(NDA) 

8.2.4 

c 

TOTAL REFERENCE AMOUNT 

Commitment 
Appropriations 

Payment 
Appropriations 

a+c  82 

83 

84 

85 

b+c  82 

83 

84 

85 

Administrative expenditure not included in reference amount25 

Human 
associated 
(NDA) 

resources 

and 
expenditure 

Administrative  costs,  other 
than  human  resources  and 
associated 
not 
included in reference amount 

costs, 

8.2.5 

d 

0.234  0.234 

0.234 

0.234 

8.2.6 

e 

0.020  0.020 

0.020 

0.020 

334 

334 

334 

334 

0.936 

0.080 

21 
22 
23 
24 
25 

Differentiated appropriations. 
Non-differentiated appropriations hereafter referred to as NDA. 
Expenditure that does not fall under Chapter xx 01 of the Title xx concerned. 
Expenditure within article xx 01 04 of Title xx. 
Expenditure within chapter xx 01 other than articles xx 01 04 or xx 01 05. 

EN 

58 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
  
  
  
  
  
  
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
(NDA) 

Total indicative financial cost of intervention 

TOTAL  CA  including  cost 
of Human Resources 

TOTAL  PA  including  cost 
of Human Resources 

Co-financing details 

a+c+
d+e 

b+c
+d+
e 

82.254 

83.254  84.254  85.254 

335.016 

82.254 

83.254  84.254  85.254 

335.016 

If the proposal involves co-financing by Member States, or other bodies (please specify 
which),  an  estimate  of  the  level  of  this  co-financing  should  be  indicated  in  the  table 
below (additional lines may be added if different bodies are foreseen for the provision of 
the co-financing): 

EUR million (to 3 decimal places) 

Co-financing body 

n + 1 

n + 2 

n + 3 

n + 4 

Year 
n 

Total 

n  +  5 
and 
later 

…………………….. 

TOTAL  CA 
co-financing 

including 

f 

a+c
+d+
e+f 

4.1.2.  Compatibility with Financial Programming 

(cid:177) 

(cid:133) 

(cid:133) 

Proposal is compatible with existing financial programming. 

Proposal will entail reprogramming of the relevant heading in the financial 
perspective. 

Proposal may require application of the provisions of the Interinstitutional 
Agreement26  (i.e.  flexibility  instrument  or  revision  of  the  financial 
perspective). 

4.1.3.  Financial impact on Revenue 

(cid:177) 

(cid:133) 

Proposal has no financial implications on revenue 

Proposal has financial impact – the effect on revenue is as follows: 

NB:  All  details  and  observations  relating  to  the  method  of  calculating  the 
effect on revenue should be shown in a separate annex. 

26 

See points 19 and 24 of the Interinstitutional agreement. 

EN 

59 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Budget line 

Revenue 

EUR million (to one decimal place) 

Situation following action 

[Yea
r n] 

[n+1] [n+2] [n+3

] 

[n+4]  [n+5]

27

Prior to
action 
[Year 
n-1] 

a) Revenue in absolute terms 

b) Change in revenue 

 Δ 

(Please  specify  each  revenue  budget  line  involved,  adding  the  appropriate 
number of rows to the table if there is an effect on more than one budget line.) 

4.2. 

Human Resources FTE (including officials, temporary and external staff) – 
see detail under point 8.2.1. 

Annual requirements 

2010 

2011 

2012 

2013 

n + 4 

n + 5 
and 
later 

Total number of human 
resources 

2 

2 

2 

2 

See also attached establishment plan and indication of contract staff needs 

5. 

CHARACTERISTICS AND OBJECTIVES 

Details  of  the  context  of  the  proposal  are  required 
in  the  Explanatory 
Memorandum.  This  section  of  the  Legislative  Financial  Statement  should  include 
the following specific complementary information: 

5.1. 

Need to be met in the short or long term 

Europol  exists  since  1995.  Its  objectives  are  to  support  and  strengthen  action  by  the 
competent authorities of the Member States and their mutual co-operation in preventing 
and  combating  serious  crime  and  terrorism.  The  competence  of  Europol  shall  cover 
serious  crime  affecting  two  or  more  Member  States,  in  particular  organised  crime  and 
terrorism.  

The  forms  of  crime  to  be  regarded  as  serious  crime  (as  laid down  in  the  Annex  to  this 
Decision) are in line with the list provided for in the European Arrest warrant. It includes 
participation  in  a  criminal  organisation,  terrorism,  trafficking  in  human  beings,  sexual 
exploitation  of  children  and  child  pornography,  illicit  trafficking  in  narcotic  drugs  and 
psychotropic  substances,  illicit  trafficking  in  weapons,  munitions  and  explosives, 

27 

Additional columns should be added if necessary i.e. if the duration of the action exceeds 6 years. 

EN 

60 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
corruption,  fraud,  including  that  affecting  the  financial  interests  of  the  European 
Communities within the meaning of the Convention of 26 July 1995 on the protection of 
the  European  Communities'  financial  interests,  laundering  of  the  proceeds  of  crime, 
counterfeiting  currency,  including  of  the  Euro,  computer-related  crime,  environmental 
crime, including illicit trafficking in endangered animal species and in endangered plant 
species  and  varieties,  facilitation  of  unauthorised  entry  and  residence,  murder,  grievous 
bodily  injury,  illicit  trade  in  human  organs  and  tissue,  kidnapping,  illegal  restraint  and 
hostage-taking, racism and xenophobia, organised or armed robbery, illicit trafficking in 
cultural  goods,  including  antiques  and  works  of  art,  swindling,  racketeering  and 
extortion, counterfeiting and piracy of products, forgery of administrative documents and 
trafficking  therein,  forgery  of  means  of  payment,  illicit  trafficking  in  hormonal 
substances  and  other  growth  promoters,  illicit  trafficking  in  nuclear  or  radioactive 
materials, trafficking in stolen vehicles, rape, arson, crimes within the jurisdiction of the 
International Criminal Court, unlawful seizure of aircraft/ships, sabotage. 

PRESENT TASKS: 

Europol has the following principal tasks: 

(1) 

(2) 

(3) 

(4) 

(5) 

(6) 

the  collection,  storage,  processing,  analysis  and  exchange  of  information 
and  intelligence  forwarded  particularly  by  the  authorities  of  the  Member 
States or third countries or bodies; 

the  coordination,  organisation  and  implementation  of  investigative  and 
operational action  carried  out  jointly  with  the  Member  States’  competent 
authorities or in the context of joint investigation teams, where appropriate 
in liaison with Eurojust; 

to notify the competent authorities of the Member States without delay of 
information  concerning  them  and  of  any  connections  identified  between 
criminal offences; 

to  aid  investigations  in  the  Member  States  by  forwarding  all  relevant 
information; 

to  ask  the  competent  authorities  of  the  Member  States  concerned  to 
conduct or coordinate investigations in specific cases; 

to  provide  intelligence  and  analytical  support  to  a  Member  State  in 
connection  with  a  major  international  event  with  a  public  order  policing 
impact.  

Europol also has the following additional tasks: 

(1) 

to  develop  specialist  knowledge  of  the  investigative  procedures  of  the 
competent  authorities  in  the  Member  States  and  to  provide  advice  on 
investigations; 

EN 

61 

   EN 

 
(2) 

to  provide  strategic  intelligence  to  assist  with  and  promote  the  efficient 
and effective use of the resources available at national and at Union level 
for operational activities and support of such activities; 

(3) 

to  prepare  threat  assessments  and  general  situation  reports  related  to  its 
objective, including a yearly organised crime threat assessment. 

Europol  may  in  addition  assist  Member  States  in  particular  in  the  following 
areas: 

(1) 

training  of  members  of  their  competent  authorities,  where  appropriate  in 
cooperation with Cepol; 

(2)  organisation  and  equipment  of  those  authorities  through  facilitating  the 

provision of technical support between the Member States; 

(3) 

crime prevention methods; 

(4) 

technical  and  forensic  methods  and  analysis,  as  well  as  investigative 
procedures. 

NEW TASKS 

The  tasks  performed  today  especially  Analysis  work  files  and  exchange  of  intelligence 
are to be developed and more targeted to specific needs of law enforcement cooperation.  

The involvement of Europol in joint investigation teams should be enhanced as well. 

In  addition,  Europol  will  have  the  new  possibility  to  establish  additional  systems  for 
processing  personal  data  other  than  the  Europol  Information  System  or  the  Analysis 
Work Files. 

Europol  now  relies  (for  2007)  on  a  budget  of  68  million  euros  –  still  based  on 
intergovernmental financing– which is distributed as follows (cf. OJ C 180, 2.8.2006): 

Personnel: 

Other (administrative) expenditure: 

Meetings  mainly 
- incl. staff cost for 915.000 euros - 

of 

the  management 

Information technology: 

TOTAL 2007 

board):

41 435 000 

6 559 000 

4 190 000 

15 710 000 

67 894 000 

The staff number amounts to 406 persons. Due to the specific activity of Europol, most 
part of the expenses is related to staff costs. In the financial framework an amount of 82 

EN 

62 

   EN 

 
million  has  been  entered  for  Europol.  This  corresponds  to an  average increase  of  6%  a 
year. 

5.2. 

Value-added  of  Community  involvement  and  coherence  of  the  proposal 
with other financial instruments and possible synergy 

The replacement of the Convention by a Decision will simplify any amendment 
of Europol's framework by  avoiding a lengthy  ratification process. Application 
of EU staff regulations will avoid yearly burdensome procedures for the revision 
of the conditions of work and salaries of the staff. The Commission's role should 
also be enhanced in the decision making process as regards the work programme 
and the setting of priorities to Europol.  

The chairman of the Management Board and the Director may appear before the 
European  Parliament  with  a  view  to  discuss  general  questions  relating  to 
Europol  (presently  it  is  the  Chair,  who  may  be  accompanied  by  the  Director). 
This will enhance the democratic control over Europol. 

5.3. 

Objectives,  expected  results  and  related  indicators  of  the  proposal  in  the 
context of the ABM framework 

The  main  outputs  are  the  collection,  storage  and  analysis  of  data  and  the 
management  of  information  system.  Relevant  indicators  are  the  number  of 
analysis  work  files  opened  and  the  amount  of  data  exchanged  by  the  member 
states. 

Europol  shall  also  be  involved  in  joint  investigation  teams.  The  number  of 
operations conducted and the number of disrupted crimes, seizures or arrests are 
indicators of this activity. 

Europol  also  produces  intelligence  products,  threat  assessments  and  general 
situation reports, including a yearly organised crime threat assessment. 

In  addition  Europol  will  provide  technical  support  to  the  Member  States,  will 
develop training, crime prevention methods, forensic methods and analysis. 

5.4.  Method of Implementation (indicative) 

Show below the method(s)28 chosen for the implementation of the action. 

ٱ 

Centralised Management 

ٱ 

Directly by the Commission 

28 

If more than one method is indicated please provide additional details in the "Relevant comments" 
section of this point. 

EN 

63 

   EN 

 
                                                 
ٱ 

Indirectly by delegation to: 

ٱ 

ٱ 

ٱ 

Executive Agencies 

Bodies set up by the Communities as referred to in art. 185 
of the Financial Regulation 

National  public-sector  bodies/bodies  with  public-service 
mission 

ٱ 

Shared or decentralised management 

ٱ 

ٱ 

With Member states 

With Third countries 

ٱ 

Joint management with international organisations (please specify) 

Relevant comments: 

6. 

MONITORING AND EVALUATION 

6.1.  Monitoring system 

The  Director  will  establish  a  monitoring  system  in  order  to  collect  indicators  the 
effectiveness and efficiency of the duties performed within Europol. 

6.2. 

Evaluation 

6.2.1.  Ex-ante evaluation 

The  need  for  a  change  to  Europol’s  legal  framework  was  recognised  in  the 
Hague  Programme  of  2004.  At  that  time,  the  expectation  still  was  that  the 
Constitutional Treaty would enter into force and redefine Europol’s framework, 
mandate and tasks. 

The  Friends  of  the  Presidency  issued  an  option  paper  on  the  improvement 
needed. 

The conclusion of the impact assessment was that even under the present Treaty 
a  series  of  improvement  is  necessary,  starting  from  the  transformation  of  the 
Europol  Convention  into  a  Council  Decision,  together  with  EU  financing  and 
EU  staff  rules  and  2/3  majority  voting  in  the  Management  Board.  On  the 
operational side, main improvements needed include new processing tools (like 
databases),  widening  of  possibilities  for  Europol  to  support  Member  States, 
direct  access  to  national  law  enforcement  databases  and  the  introduction  of  a 
data protection officer. 

EN 

64 

   EN 

 
6.2.2.  Measures  taken  following  an  intermediate/ex-post  evaluation  (lessons  learned 

from similar experiences in the past) 

Work conducted in 2006 by the successive Presidencies on the future of Europol 
led to the adoption of Council conclusions in June 2006 and discussion on draft 
conclusions  in  December  2006.  They  underline  the  need  to  replace  the 
Convention by a Decision and support EU financing and EU staff rules. 

6.2.3.  Terms and frequency of future evaluation 

At the end of each year the Management board shall submit an annual report to 
the  Commission,  the  Council  and  the  European  Parliament  in  conformity  with 
Article 9(1).  

Within five years after this Decision takes effect and every five years thereafter, 
the  Governing  Board  shall  Commission  an  independent  external  evaluation  of 
the  implementation  of  this  Decision  as  well  as  of  the  activities  carried  out  by 
Europol.  

Each  evaluation  shall  assess  the  impact  of  this  Decision,  the  utility,  relevance, 
effectiveness  and  efficiency  of  Europol.  The  Management  Board  shall  issue 
specific terms of reference in agreement with the Commission. 

On  this  basis  it  will  issue  a  report  including  the  evaluation  findings  and 
recommendations.  This  report  shall  be  forwarded  to  the  Commission,  the 
European Parliament and the Council and shall be made public. 

7. 

ANTI-FRAUD MEASURES  

The  financial  rules  applicable  to  Europol  shall  be  adopted  by  the  Management  Board 
after  having  consulted  the  Commission.  They  may  not  depart  from  Commission 
Regulation  (EC,  Euratom)  No  2343/2002  of  23  December  200229  on  the  framework 
Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, 
Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of 
the  European  Communities30,  unless  specifically  required  for  Europol’s  operation  and 
with the Commission’s prior consent. The budgetary authority shall be informed of these 
derogations. 

The Director shall implement Europol’s budget. 

1. 

29 

30 

By  1  March  at  the  latest  following  each  financial  year,  Europol’s  accounting 
officer  shall  communicate  the  provisional  accounts  to  the  Commission’s 
accounting  officer  together  with  a  report  on  the  budgetary  and  financial 

OJ L 357, 31.12.2002, p. 72. 
OJ L 227, 19.8.2006, p. 3. 

EN 

65 

   EN 

 
                                                 
management for that financial year. The Commission’s accounting officer shall 
consolidate the provisional accounts of the institutions and decentralised bodies 
in  accordance  with  Article  128  of  Council  Regulation  (EC,  Euratom)  No 
1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general 
budget of the European Communities (Financial Regulation). 

By  31  March  at  the  latest  following  each  financial  year,  the  Commission’s 
accounting officer shall forward Europol’s provisional accounts to the Court of 
Auditors, together with a report on the budgetary and financial management for 
that  financial  year.  The  report  on  the  budgetary  and  financial  management  for 
that  financial  year  shall  also  be  forwarded  to  the  European  Parliament  and  the 
Council. 

On  receipt  of  the  Court  of  Auditors’  observations  on  Europol’s  provisional 
accounts, pursuant to Article 129 of the Financial Regulation, the Director shall 
draw up Europol’s final accounts under his own responsibility and forward them 
to the Management Board for an opinion. 

The Management Board shall deliver an opinion on Europol’s final accounts. 

By  1  July  of  the  following  year  at  the  latest,  the  Director  shall  send  the  final 
accounts,  together  with  the  opinion  of  the  Management  Board,  to  the 
Commission, the Court of Auditors, the European Parliament and the Council. 

The final accounts shall be published. 

The Director shall send the Court of Auditors a reply to its observations by 30 
September at the latest. He or she shall also send this reply to the Management 
Board. 

Upon  a  recommendation  from  the  Council,  the  European  Parliament  shall, 
before  30  April  of  year  n  +  2,  give  a  discharge  to  the  Director  of  Europol  in 
respect of the implementation of the budget for year n. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

EN 

66 

   EN 

 
8. 

DETAILS OF RESOURCES 

8.1. 

Objectives of the proposal in terms of their financial cost 

(Headings of Objectives, actions 
and outputs should be provided) 

Type 
of 
output 

Av. 
cost 

Year 2010  
n 

2011 

2012 

2013 

Year  
n+4 

Year n+5 and 
later 

TOTAL 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

No. 
outputs 

Total 
cost 

Commitment appropriations in EUR million (to 3 decimal places) 

action 

support 

OPERATIONAL  OBJECTIVE31:
and 
the 
their 
in 
combating 

strengthen 
Member  States 
mutual 
preventing 
serious crime and terrorism. 

and 
co-operation 

and 

by 

Action 1 : 
collection , exchange and 
analysis of information. 

Analysis Work Files - Output 1 

Europol Information System - 
Output 2 

Action 2 : 
Intelligence and other support 
products including databases. 

Output 1 

TOTAL COST 

30 

20 

10 

60 

30 

20 

10 

82 

-60 

30 

20 

10 

83 

30 

20 

10 

84 

60 

60 

85 

240 

334 

It is too soon to give a reliable breakdown of cost between the outputs. Moreover the number of outputs is a raw estimation. 

31 

As described under Section 5.3. 

EN 

67 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
8.2. 

Administrative Expenditure 

8.2.1.  Number and type of human resources 

Types of 
post 

Staff to be assigned to management of the action using existing and/or 
additional resources (number of posts/FTEs) 

Year n 

Year n+1 

Year n+2 

Year n+3 

Year n+4 

Year n+5 

A*/AD 

2 

B*, 
C*/AST 

Officials 
or 
temporary 
staff32 
(XX 01 
01) 

Staff  financed33  by 
art. XX 01 02 

staff34 
Other 
financed  by  art.  XX 
01 04/05 

TOTAL 

2 

See also establishment plan and indication of contract staff needs. 

TABLEAU DES EFFECTIFS STATUTAIRES 

Emplois 

prévisions

2006 

2007 

2008 

2009 

2010

Catégories 
et grades 

Réellement 
pourvus au 
31.12.2005 

Autorisés dans le 
budget 
communautaire. 

Autorisés dans le 
budget 
communautaire. 

Perm. 

Temp. 

Perm. 

Temp. 

Perm. 

Temp. 

AD 16 

AD 15 

AD 14 

AD 13 

1 

3 

1 

3 

1 

3 

1 

3 

32 
33 
34 

Cost of which is NOT covered by the reference amount. 
Cost of which is NOT covered by the reference amount. 
Cost of which is included within the reference amount. 

EN 

68 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
                                                 
AD 12 

AD 11 

AD 10 

AD 9 

AD 8 

AD 7 

AD 6 

AD 5 

Total grade 
AD 

AST 11 

AST 10 

AST 9 

AST 8 

AST 7 

AST 6 

AST 5 

AST 4 

AST 3 

AST 2 

AST 1 

Total grade 
AST 

Total 
général 

Total 
Effectifs 

3 

20 

30 

59 

3 

21 

30 

61 

3 

22 

30 

63 

3 

23 

30 

65 

107 

107 

107 

107 

50 

43 

30 

58 

43 

35 

70 

43 

42 

80 

43 

50 

0 

0 

0 

0 

346 

362 

384 

405 

30 

24 

1 

5 

30 

24 

1 

7 

60 

62 

30 

24 

9 

63 

30 

24 

10 

64 

406 

424 

447 

469 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

0 

406 

424 

447 

469 

EN 

69 

   EN 

 
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
 
 
The increase in the nr of AD9/AD12 (3 each year) is limited to 20% of the total increase 
in AD grades each year 

The assumption is that in addition approximately 10 Contract staff will be employed 

8.2.2.  Description of tasks deriving from the action 

Commission staff should participate in the Management Board and the Head of national 
units meetings, as well as any ad hoc meetings and meetings in the Council in respect of 
Europol. 

8.2.3. 

Sources of human resources (statutory) 

(When  more  than  one  source  is  stated,  please  indicate  the  number  of  posts  originating 
from each of the sources) 

(cid:177) 

(cid:133) 

(cid:133) 

(cid:133) 

(cid:133) 

Posts  currently  allocated  to  the  management  of  the  programme  to  be 
replaced or extended 

Posts pre-allocated within the APS/PDB exercise for year n 

Posts to be requested in the next APS/PDB procedure 

Posts  to  be  redeployed  using  existing  resources  within  the  managing 
service (internal redeployment) 

Posts required for year n although not foreseen in the APS/PDB exercise 
of the year in question 

EN 

70 

   EN 

 
8.2.4.  Other  Administrative  expenditure  included  in  reference  amount  (XX  01  04/05  – 

Expenditure on administrative management) 

EUR million (to 3 decimal places) 

Budget line 
(number and heading) 

Year 
n 

Year 
n+1 

Year 
n+2 

Year 
n+3 

Year 
n+4 

TOTAL 

Year 
n+5 
and 
later 

1 
assistance (including related staff costs) 

Technical and administrative 

Executive agencies35 

Other 
administrative assistance 

technical 

and 

- intra muros 

- extra muros 

Total Technical and administrative 
assistance 

8.2.5.  Financial  cost  of  human  resources  and  associated  costs  not  included  in  the 

reference amount 

EUR million (to 3 decimal places) 

Type of human resources 

2010 

2011 

2012 

2013 

Year n+4 

TOTAL 
2010-
2013 

Officials  and  temporary  staff 
(XX 01 01) 

Staff financed by Art XX 01 
02 (auxiliary, END, contract 
staff, etc.) 
(specify budget line) 

Total cost of Human Resources 
and associated costs (NOT in 
reference amount) 

0.234 

0.234 

0.234 

0.234 

0.936 

0.234 

0.234 

0.234 

0.234 

0.936 

35 

Reference  should  be  made  to  the  specific  legislative  financial  statement  for  the  Executive 
Agency(ies) concerned. 

EN 

71 

   EN 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                 
Calculation– Officials and Temporary agents 

Reference should be made to Point 8.2.1, if applicable 

2x117.000 = 234.000 euros 

;; 

Calculation– Staff financed under art. XX 01 02 

Reference should be made to Point 8.2.1, if applicable 

8.2.6.  Other administrative expenditure not included in reference amount 

EUR million (to 3 decimal places) 

2010 

2011 

2012 

2013 

Year 
n+4 

Year 
n+5 
and 
later 

TOTAL 

XX 01 02 11 01 – Missions 

0.020 

0.020  0.020 

0.020 

0.080 

XX 01 02 11 02 – Meetings & Conferences 

XX 01 02 11 03 – Committees36  

XX 01 02 11 04 – Studies & consultations 

XX 01 02 11 05 - Information systems 

2.  Total  Other  Management  Expenditure 

(XX 01 02 11) 

3.  Other expenditure of an administrative 
nature  (specify  including  reference  to 
budget line) 

Total Administrative expenditure, other 
than human resources and associated costs 
(NOT included in reference amount) 

:: 

0.020 

0.020 

0.020 

0.020 

0.080 

Calculation - Other administrative expenditure not included in reference amount 

Two members of Commission staff attending to an average of 10 missions yearly for 
a cost estimated at 1000 euros. 

36 

Specify the type of committee and the group to which it belongs. 

EN 

72 

   EN