Rules for access to Europol documents
Date: 2007-03-20
Institutions: Europol
Subjects: Europol, access to information, administrative formalities, data protection, exchange of information

29.3.2007

EN

Official Journal of the European Union

C 72/37

RULES FOR ACCESS TO EUROPOL DOCUMENTS

(2007/C 72/17)

THE MANAGEMENT BOARD OF EUROPOL,

Having regard to the Europol Convention, and in particular
Article 32a thereof,

Having regard to the proposal by the Director of Europol

Whereas:

(1)

(2)

(3)

(4)

(5)

According to Article 32a of the Europol Convention, on
the basis of a proposal by the Director of Europol, the
Management Board, acting by a majority of two thirds of
its members, shall adopt rules for access to Europol docu-
ments for any citizen of the Union, and any natural or
legal person residing or having its registered office in a
Member State, taking account of the principles and limits
stated in the regulation of the European Parliament and
of the Council regarding public access to European Parlia-
ment, Council and Commission documents adopted on
the basis of Article 255 of the Treaty establishing the
European Community.

referred to as

The second subparagraph of Article 1 of the Treaty on
‘the EU
European Union (hereinafter
Treaty’) enshrines the concept of openness, stating that
the Treaty marks a new stage in the process of creating
an ever closer union among the peoples of Europe, in
which decisions are taken as openly as possible and as
closely as possible to the citizen.

that

Openness guarantees
the administration enjoys
greater legitimacy and is more effective and more accoun-
table to the citizen in a democratic system. Openness
contributes to strengthening the principles of democracy
and respect
for fundamental rights as laid down in
Article 6 of the EU Treaty, in Article 255 of the Treaty
(hereinafter
establishing
referred to as ‘the EC Treaty’) and in Article 42 of the
Charter of Fundamental Rights of the European Union.

European Community

the

In accordance with Article 41(1) of the EU Treaty, the
right of access also applies to documents relating to
police and judicial cooperation in criminal matters.

(hereinafter

Regulation (EC) No 1049/2001 of 30 May 2001 of the
European Parliament and of the Council regarding public
access to European Parliament, Council and Commission
documents (1)
‘Regulation
1049/2001’) lays down the general principles and limits
governing the right of access to European Parliament,
Council and Commission documents. Article 32a of the
Europol Convention refers to the principles and limits
stated in this Regulation.

referred to as

(1) OJ L 145, 31.5.2001, p. 43.

(6)

(7)

In principle, all documents should be accessible to the
public. However, public and private interests should be
protected by way of exceptions. Europol should be
entitled where necessary to safeguard its ability to carry
out its tasks.

to ensure that

In order
the right of access is fully
respected, a two-stage administrative procedure should
apply, with the additional possibility of complaints to the
Ombudsman.

(8)

These rules are without prejudice to Article 19 of the
Europol Convention on the right of access.

HAS ADOPTED THESE RULES:

Article 1

Definitions

For the purpose of these rules:

(a) ‘Europol document’ or ‘document’ shall mean any content
whatever its medium (written on paper or stored in elec-
tronic form or as a sound, visual or audiovisual recording)
concerning a matter relating to Europol's activities, policies
and decisions.

(b) ‘third party’ shall mean any natural or legal person, or any
entity outside Europol including the Member States, other
institutions, bodies and agencies of the European Union,
international organizations and third countries;

(c) ‘Europol classified documents’ shall mean documents which
contain information requiring additional security measures
and which are marked with one of the classification levels
‘Europol RESTRICTED’,
‘Europol
SECRET’ or ‘Europol TOP SECRET’ in accordance with the
Rules on the confidentiality of Europol information.

‘Europol CONFIDENTIAL’,

Article 2

Purpose

The purpose of these rules is:

(a) to define the principles, conditions and limits on grounds of
public or private interest governing the right of access to
Europol documents in such a way as to ensure the widest
possible access to documents;

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Official Journal of the European Union

29.3.2007

(b) to establish rules ensuring the easiest possible exercise of

unless there is an overriding public interest in disclosure.

this right; and

(c) to promote good administrative practice on access to docu-

ments.

Article 3

Beneficiaries and scope

1.
Any citizen of the Union, and any natural or legal person
residing or having its registered office in a Member State, has a
right of access to documents of Europol, subject to the princi-
ples, conditions and limits defined in these rules.

2.
Europol may, subject to the same principles, conditions
and limits, grant access to documents to any natural or legal
person not residing or not having its registered office in a
Member State.

3.
These rules shall apply to all documents held by Europol,
that is to say, documents drawn up or received by it and in its
possession, in all areas of activity of Europol.

4.
Individuals specifically requesting data only related to
them shall not be covered by these Rules. In such cases indivi-
duals shall be referred to the procedure mentioned in Article 19
of the Europol Convention.

5. Without prejudice to Article 4, documents shall be made
accessible to the public either following a written application or
directly in electronic form in accordance with Article 11.

Article 4

Exceptions

3.
Access to a document, drawn up for internal use or
received by Europol, which relates to a matter where the deci-
sion has not been taken by Europol, shall be refused if disclo-
the document would undermine Europol's decision-
sure of
making process, unless there is an overriding public interest in
disclosure.

Access to a document containing opinions for internal use as
part of deliberations and preliminary consultations within
Europol shall be refused even after the decision has been taken
if disclosure of the document would undermine Europol's deci-
sion-making process, unless there is an overriding public interest
in disclosure.

4.
As regards documents originating in whole or in part
from third parties, Europol shall consult the third party with a
view to assessing whether paragraphs 1, 2 or 3 are applicable. If
the third party document originates from a Member State or a
third country or organisation with which Europol has concluded
a cooperation agreement, Europol will not disclose the docu-
ment without their written consent.

5.
If only parts of the requested document are covered by
any of the exceptions, the remaining parts of the document
shall be released.

6.
The exceptions as laid down in paragraph 1 to 3 shall
only apply to the period during which protection is justified on
the basis of the content of the document. The exceptions may
apply for a maximum period of 30 years. In the case of docu-
ments covered by the exceptions relating to integrity or privacy
of
interests and in the case of
Europol classified documents, the exceptions may, if necessary,
continue to apply after this period.

individuals or commercial

Europol shall refuse access to a document where disclo-

1.
sure would undermine the protection of:

(a) the public interest as regards:

— public security

Article 5

— the proper fulfilment of Europol's tasks,

— investigations and operational activities of third parties,

Europol documents in the Member States and third coun-
tries or organisations with which Europol has concluded a
cooperation agreement

— defence and military matters,

— international relations,

— the financial, monetary or economic policy of the Com-

munity or a Member State,

(b) the privacy and integrity of the individual.

Europol shall refuse access to a document where disclo-

2.
sure would undermine the protection of:

— commercial interests of a natural or legal person, including

intellectual property,

— court proceedings and legal advice,

Where a Member State or a third country or organisation with
which Europol has concluded a cooperation agreement receives
a request for a document in its possession, originating from
Europol, Europol shall undertake that these third parties consult
with Europol in order to take a decision that does not jeopardise
the attainment of the objectives of these Rules. Europol shall
also undertake that the third countries or organisations with
which Europol has concluded a cooperation agreement do not
disclose the document without Europol's written consent.
Europol shall ensure that this obligation is reflected in the coop-
eration agreements concluded between Europol and third coun-
tries and organisations.

— the purpose of inspections, investigations and audits, other

than those mentioned under paragraph 1 (a),

Member States may, as an alternative, refer the request
Europol.

to

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Article 6

Applications

Applications for access to a document shall be made in
1.
any written form,
the
including electronic form,
languages referred to in Article 33(1) of the Europol Convention
and in a sufficiently precise manner to enable Europol to iden-
tify the document. The applicant is not obliged to state reasons
for the application.

in one of

2.
If any application is not sufficiently precise, Europol shall
invite the applicant to provide additional information making it
possible to identify the documents requested; the deadline for
reply as established in Article 7 shall begin only from the time
when Europol has received this additional information.

In the event of an application relating to a very long docu-
3.
ment or to a very large number of documents, Europol may
confer with the applicant, with a view to finding a fair solution.

4.
Europol shall provide information and assistance to citi-
zens on how and where applications for access to documents
can be made. Guidance shall be set up on the Europol website.

Article 7

Processing of initial applications

An application for access to a document shall be handled
1.
promptly. An acknowledgement of receipt shall be sent to the
applicant. Within 30 working days from registration of
the
application, Europol shall either grant access to the document
requested and provide access in accordance with Article 10
within that period or, in a written reply, state the reasons for
the total or partial refusal and inform the applicant of his or her
right to make a confirmatory application in accordance with
paragraph 3 of this Article.

2.
In exceptional cases, for example in the event of an appli-
cation relating to a very long document or to a very large
number of documents, the time-limit provided for in paragraph
1 may be extended by 30 working days, provided that the appli-
cant is notified in advance and that detailed reasons are given.

3.
In the event of a total or partial refusal, the applicant may,
within 30 working days of receiving Europol's reply, make a
confirmatory application asking Europol to reconsider its posi-
tion.

4.
Failure by Europol to reply within the prescribed time-
limit shall entitle the applicant to make a confirmatory applica-
tion.

Article 8

Processing of confirmatory applications

A confirmatory application shall be handled promptly.
1.
Within 30 working days from registration of such an applica-

shall either grant access

to the document
tion, Europol
requested and provide access in accordance with Article 10
within that period, or in a written reply, state the reasons for
the total or partial refusal.

2.
In exceptional cases, for example in the event of an appli-
cation relating to a very long document or to a very large
number of documents, the time limit provided for in paragraph
1 may be extended by 30 working days, provided that the appli-
cant receives reasoned notice in advance.

Article 9

Europol classified documents

1.
Applications for access to Europol classified documents
under the procedures laid down in Articles 7 and 8 shall be
handled only by those persons within Europol who have a right
to acquaint themselves with those documents in accordance
with the provisions of the Europol Security Manual.

2.
Europol classified documents shall not automatically be
subject to refusal of access. Every classified document shall be
examined whether any of the exceptions provided for by Article
4 apply. Classified documents can not be disclosed, unless they
have been declassified in accordance with Article 10 of the
Rules on confidentiality. Access to classified third party docu-
ments shall be subject to the consultation mechanism referred
to in Article 4(4).

3.
If Europol decides to totally or partially refuse access to a
classified document it shall give the reasons for its decision in a
manner which does not harm the interests protected in Article
4.

Article 10

Access following an application

1.
The applicant shall have access to documents by receiving
a copy, including where available in electronic form, according
to the applicant's preference. Copies of less than 20 A4 pages
and direct access in electronic form shall be free of charge.
Otherwise, the real cost of producing and sending the copies
will be charged to the applicant.

2.
If a document has already been released by Europol or the
third party concerned and is easily accessible to the applicant,
Europol may fulfil
its obligation of granting access to docu-
ments by informing the applicant how to obtain the requested
document.

3.
Documents shall be supplied in an existing version and
format (including electronically or in an alternative format such
the available
large print or tape) and in one of
as Braille,
linguistic versions in accordance with the applicant's preference.

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Official Journal of the European Union

29.3.2007

Article 11

Direct access in electronic form

1.
Europol shall provide access to a register of publicly acces-
sible documents and shall as far as possible make documents
directly accessible in electronic form.

2.
In particular, legislative documents, that is to say, docu-
ments drawn up or received in the course of procedures for the
adoption of acts which are legally binding, shall, subject to
Article 4, be made directly accessible.

Article 12

Implementation

The implementation of these Rules shall be subject to a decision
of the Director of Europol, which will in particular outline the
involvement of Europol's organs in the handling of public
access requests to these documents.

Article 14

Reproduction of documents

These rules shall be without prejudice to any existing rules on
copyright which may limit a third party's right to reproduce or
exploit released documents.

Article 15

Entry into force

These Rules shall enter into force on 19 April 2007.

Article 13

Information

Done at The Hague on 20 March 2007

Europol shall take the requisite measures to inform the public of
the rights they enjoy under these rules.

Hans-Jürgen FÖRSTER

Chairman of the Management Board