Decision of the Management Board of 20 March 2007 laying down the rules governing the arrangements on the association of third parties' experts with the activities of analysis groups
Date: 2007-03-20
Institutions: Europol
Subjects: Europol, confidentiality, consultancy, cooperation agreement, data transmission, exchange of information, information processing, personal data

C 72/32

EN

Official Journal of the European Union

29.3.2007

DECISION OF THE MANAGEMENT BOARD

of 20 March 2007

laying down the rules governing the arrangements on the association of third parties' experts with
the activities of analysis groups

(2007/C 72/15)

THE MANAGEMENT BOARD OF EUROPOL,

Having regard to the Convention on the establishment of a
European Police Office (Europol Convention), as amended by
the Council Act of 27 November 2003 drawing up, on the basis
of Article 43(1) of the Convention on the Establishment of a
European Police Office, a Protocol amending that Conven-
tion (1), and in particular Article 10(9) 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 to which the association of third parties' experts
with the activities of an analysis group are subject,

HAS ADOPTED THE FOLLOWING DECISION:

Article 1

Definitions

For the purposes of the present Decision:

(a) ‘analysis group’ means the group associating the participants
to an analysis project, as mentioned in Article 10(2) of the
Europol Convention;

(b) ‘arrangement’ means an agreement, concluded between
Europol and a third party, regulating the association of the
latter to the activities of an analysis group;

(c) ‘association’ of third party's experts to the activities of an
analysis group means that these experts shall be entitled to
attend analysis group's meetings,
to be informed by
Europol, upon request, of the development of the concerned
analysis work file and to receive and further disseminate, in
accordance with the applicable legal requirements, analysis
results which concern the third party they represent;

(d) ‘third part’ means a third State or body as referred to in

Article 10(4) of the Europol Convention.

Article 2

Invitation to be associated to the activities of an analysis
group

Europol may invite experts of a third party with which an agree-
ment containing appropriate provisions on the exchange of
information, including the transmission of personal data, as well
as on the confidentiality of exchanged information, is in force to
be associated with the activities of an analysis group. Such an
invitation must be made with the unanimous approval of the
analysis group's participants.

Article 3

Arrangements

1.
The association of third parties' experts shall be regulated
by arrangements concluded between Europol and third parties.
These arrangements, which shall be based on the model
laid
down in the Annex to the present Decision, will be communi-
cated to the Joint Supervisory Body. Participants of the analysis
group shall be consulted should Europol intend to deviate from
the model arrangement.

The arrangements

2.
party's experts will be entitled to:

shall provide that associated third

(a) attend analysis group meetings, and

(b) be informed by Europol, upon request, of the development

of the concerned analysis work file, and

(c) receive analysis results which concern the third party they
represent; such dissemination shall take place in accordance
with Articles 17(2) and 18(4) of the Europol Convention,
with the relevant provisions of the cooperation and confi-
dentiality agreements, with Article 5(5) of the Council Act
of 12 March 1999 adopting the rules governing the trans-
mission of personal data by Europol to third States and
third bodies (2), and with the prior consent of the Member
State which communicated the concerned data; and

(d) further disseminate the analysis results, only with the prior
agreement of the concerned participants and in compliance
with the relevant provisions of the cooperation and confi-
dentiality agreements.

3.
The arrangements shall provide for their termination upon
notification by either the associated third party or by Europol,
which shall only act after the agreement of the participants of
the analysis group. Should no agreement be reached between
the participants, Europol shall notify the termination of the
arrangement upon request of one participant, and inform the
Management Board thereof.

Article 4

Entry into force

The present Decision shall enter into force on 19 April 2007.

Done at The Hague on 20 March 2007.

Hans-Jürgen FÖRSTER

Chairman of the Management Board

(1) OJ C 2, 6.1.2004, p. 1.

(2) OJ C 88, 30.3.1999, p. 1. Act, as amended by the Council Act of 28

February 2002 (OJ C 78, 27.3.2002, p. 1).

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Official Journal of the European Union

C 72/33

MODEL ARRANGEMENT ON THE ASSOCIATION OF THIRD PARTIES' EXPERTS TO THE ACTIVITIES OF
ANALYSIS GROUPS

ANNEX

Europol and (name of the third party) (hereinafter referred to as ‘the Parties’),

Having regard to the Europol Convention, and in particular Article 10(9) thereof,

Having regard to the cooperation agreement between Europol and (name of the third party) and in particular to its provi-
sions concerning the confidentiality of exchanged information,

OR:

Having regard to the cooperation and confidentiality agreements between Europol and (name of the third party),

Having regard to the Council Act of 3 November 1998 adopting rules applicable to Europol analysis files (1),

Having regard to the Management Board Decision of (date) laying down the rules governing the arrangements on the asso-
ciation of third parties' experts with the activities of analysis groups, and in particular Article 3(1) thereof,

Having regard to the opening order of analysis work file YYY,

Whereas it is in the interest of the Member States to associate (name of the third party) experts with the activities of the
analysis group YYY,

Whereas (name of the third party) is directly concerned by the analysis work carried out by the analysis group YYY,

Have adopted the following arrangement:

Article 1

Definitions

For the purposes of the present Arrangement:

(a) ‘association’ of third party's experts to the activities of an analysis group means that these experts shall be entitled to
attend analysis group meetings, to be informed by Europol, upon request, of the development of the concerned
analysis work file and to receive and further disseminate, in accordance with the applicable legal requirements, analysis
results which concern the third party they represent;

(b) ‘cooperation agreement’ means the agreement signed on (date) between Europol and (name of the third party);

(c) ‘confidentiality agreemen’ means an agreement as referred to in Article 18(6) of the Europol Convention.

Article 2

Scope

1.

2.

XXX (2) of (name of the sending authority) shall be associated to the activities of the analysis group YYY.

XXX shall accordingly be entitled to:

(a) attend analysis group meetings, and

(b) be informed by Europol, upon request, of the development of the concerned analysis work file YYY, and

(c) receive analysis results which concern (name of the third party); such dissemination shall take place in accordance with
Articles 17(2) and 18(4) of the Europol Convention, with the relevant provisions of the cooperation and confidenti-
ality agreements, with Article 5(5) of the Council Act of 12 March 1999 adopting the rules governing the transmis-
sion of personal data by Europol to third States and third bodies, and with the prior consent of the Member State
which communicated the concerned data; and

(d) further disseminate the analysis results, only with the prior agreement of the concerned participants and in compli-

ance with the relevant provisions of the cooperation and confidentiality agreements.

(1) OJ C 26, 30.1.1999, p. 1. Act, as amended by (add reference when new Act adopted).
(2) Name of the expert(s).

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Official Journal of the European Union

29.3.2007

The present arrangement shall enter into force on (date).

Article 3

Entry into force

Article 4

Termination

1.

2.

The present arrangement shall automatically lapse upon closure of analysis work file YYY.

The present arrangement may at any time be terminated upon notification by one of the Parties.