Initiative of the Republic of Finland with a view to adopting a Council Decision of … amending the Council Act adopting rules applicable to EUROPOL analysis files
Date: 2007-02-24
Institutions: Finland
Subjects: Europol, confidentiality, disclosure of information, fundamental rights, personal data, protection of privacy

24.2.2007

EN

Official Journal of the European Union

C 41/5

INITIATIVE OF THE REPUBLIC OF FINLAND WITH A VIEW TO ADOPTING A COUNCIL
DECISION

amending the Council Act adopting rules applicable to EUROPOL analysis files

of …

(2007/C 41/04)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Convention on the establishment of a
European Police Office (Europol Convention (1)), and in particu-
lar Article 10(1) thereof,

‘After receipt, it shall be determined as soon as possible to
what extent the data shall be included in a specific file.’;

2) Article 5(3) shall be replaced by the following:

Having regard to the initiative by the Republic of Finland (2),

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

‘The orders mentioned in this Article, including later amend-
ments, shall be established in accordance with the procedure
stipulated by Article 12 of the Europol Convention.’;

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

3) Article 7 shall be amended as follows:

Whereas:

(1)

(2)

The Europol Convention makes provision in Title III for
work files for the purposes of analysis; changes thereto
were introduced by the Protocol drawn up on the basis
of Article 43(1) of the Convention on the Establishment
of a European Police Office (Europol Convention),
amending that Convention;
in particular, amendments
were made to Articles 10, 12, 16 and 21 of the Europol
the
Convention, which constitute the framework for
opening of an analysis file and the collection, processing,
utilization and deletion of personal data contained
therein.

Implementing rules were adopted for work files for the
purpose of analysis by Council Act (1999/C 26/01) of 3
November 1998 adopting rules applicable to Europol
analysis files (4); these rules require to be amended as a
consequence of the changes made by the said Protocol to
the Act should therefore be
the Europol Convention;
amended accordingly.

(3)

After consulting the Joint Supervisory Body,

(a) in paragraph 1,

the fourth subparagraph,

shall be

replaced by the following:

the need for the continuation of an
‘The review of
analysis work file according to Article 12(4) of
the
Europol Convention shall be carried out by the partici-
pants in the analysis. On the basis of this review, a deci-
sion shall be taken by the Director on the continuation
inform the
or closure of
Management Board of his decision.’;

the file. The Director shall

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

Personal data may not be retained for a period
‘3.
longer than that mentioned in Article 12(4) of
the
Europol Convention. Where, as a consequence of the
continuation of the analysis file, data concerning persons
as referred to in Article 6(3) to (6) are stored in a file for
a period exceeding five years, the Joint Supervisory Body
shall be informed accordingly.’;

HAS ADOPTED THE FOLLOWING DECISION:

4) Article 12 shall be amended as follows:

Article 1

Council Act
Europol analysis files is hereby amended as follows:

(1999/C 26/01) adopting rules applicable to

1) in Article 3(1), the third subparagraph shall be replaced by

the following:

(1) OJ C 316, 27.11.1995, p. 2. Convention as last amended by the
Protocol drawn up on the basis of Article 43(1) of the Convention on
the Establishment of a European Police Office (Europol Convention),
amending that Convention (OJ C 2, 6.1.2004, p. 3).

(2) OJ …
(3) OJ …
(4) OJ C 26, 30.1.1999, p. 1.

(a) in paragraph 2, the first subparagraph shall be deleted
the second subparagraph shall be

and the text of
preceded by the number ‘2.’;

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

‘3.
Analysis activities and the dissemination of analysis
results may begin immediately after the analysis file has
been opened in accordance with Article 12(1) of the
Europol Convention. Should the Management Board
instruct the Director of Europol to amend an opening
order or close the file, data which may not be included
in the file or, if the file is to be closed, all data contained
in that file, shall be deleted immediately.’;

C 41/6

EN

Official Journal of the European Union

24.2.2007

5) the following Article shall be inserted:

Article 3

‘Article 12a

The retrieval of data by participants of the analysis project
according to Article 10(2) of the Europol Convention shall
only be granted after they have been accredited by Europol
and following a training on their specific obligations under
the Europol legal framework.’;

This Decision shall be published in the Official Journal of the
European Union.

6) Article 15(4) and (5) shall be deleted.

Article 2

Done at …

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

For the Council

The President