Decision of the Management Board of 20 March 2007 laying down the rules governing the arrangements regulating the administrative implementation of the participation of Europol officials in Joint investigation Teams
Date: 2007-03-20
Institutions: Europol
Subjects: EU police cooperation, Europol, administrative cooperation, servant (EU)

29.3.2007

EN

Official Journal of the European Union

C 72/35

DECISION OF THE MANAGEMENT BOARD

of 20 March 2007

laying down the rules governing the arrangements regulating the administrative implementation of
the participation of Europol officials in Joint investigation Teams

(2007/C 72/16)

THE MANAGEMENT BOARD OF EUROPOL,

The arrangements shall be made with the involvement of

2.
the National Units of the participating Members States.

Having regard to the Europol Convention, as amended by the
Council Act of 28 November 2002 drawing up, on the basis of
Article 43(1) of the Convention on the Establishment of a Euro-
pean Police Office a Protocol, and the Protocol on the privileges
and immunities of Europol, the members of its organs, the
deputy directors and the employees of Europol, and in particular
Article 3(a) thereof,

Having regard to the opinion issued by the Joint Supervisory
Body,

Whereas it is for the Management Board, acting by a majority of
two thirds of its members, to determine the rules governing the
arrangements laying down the administrative implementation of
the participation of Europol officials in joint
investigation
teams.

Article 3

Mandate of

the Europol officials participating in joint

investigations teams

1.
The arrangements shall specify the tasks, rights and obliga-
tions of the Europol officials participating in the joint investiga-
tion team.

2.
The arrangements shall state that Europol officials partici-
pating in a joint investigation team shall assist the members of
the team in accordance with the Europol Convention and in
accordance with the national law of the Member State where
the team operates.

HAS ADOPTED THE FOLLOWING DECISION:

Article 4

Article 1

Definitions

For the purposes of the present Decision:

(a) ‘joint investigation teams’ means the joint investigation team
as referred to in Article 3(a) of the Europol Convention.

(b) ‘national unit’ means the only liaison body between the
competent national authorities and Europol as referred to in
Article 4 of the Europol Convention.

(c) ‘competent authorities’ means all public bodies existing in
the Member States which are responsible under national law
for preventing and combating criminal offences according
to Article 2(4) of the Europol Convention.

Management and supervision

1.
The arrangements shall stipulate that Europol officials
participating in a joint investigation team shall carry out their
tasks under the leadership of the leader(s) of the team identified
in the arrangement.

2.
The arrangements shall provide that Europol officials have
the right not to execute orders which they consider to be in
breach of their obligations under the Europol Convention. In
that case, the Europol official shall inform the Europol Director
thereof who shall consult with the leader(s) of the team to find
a solution. Should a mutually satisfactory solution not be found,
the Director shall be entitled to terminate the arrangement.

Article 5

Access to data

Article 2

Arrangements

1.
The administrative implementation of the participation of
Europol officials in a joint investigation team shall be laid down
in an arrangement concluded between the Director of Europol
and the competent authorities of the Member States responsible
for setting up that joint investigation team.

The arrangements shall specify that Europol officials partici-
pating in joint
investigation teams shall have access to the
Europol computerized system in accordance with the provisions
of
the Europol Convention and in line with the applicable
security standards (1) for the duration of their membership of
the joint investigation team.

(1) As outlined in outlined in the Policy for communication links used to process

Europol information — Document 2450-16 (#16991)

C 72/36

EN

Official Journal of the European Union

29.3.2007

Article 6

Costs and equipment

The arrangements shall regulate the distribution of the costs,
including insurance, entailed by the participation of Europol
officials in joint investigation teams as well as specifying the
conditions under which any equipment provided by Europol
can be used by the members of the joint investigation team.

Article 8

Entry into force

The present Decision shall enter into force on 30 March 2007.

Article 7

Termination

Done at The Hague on 20 March 2007

The arrangements shall specify that they may at any time be
terminated upon notification by one of the Parties.

Hans-Jürgen FÖRSTER

Chairman of the Management Board