Decision by the Contracting Parties meeting within the Council of 12 June 2007 adopting rules implementing Article 6a of the Convention on the establishment of a European Police Office (Europol Convention)
Date: 2007-06-12
Institutions: Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Luxembourg, Netherlands, Portugal, Spain, Sweden
Subjects: EU police cooperation, European convention, Europol, data processing, data protection, information system, personal data

L 155/78

EN

Official Journal of the European Union

15.6.2007

DECISION BY THE CONTRACTING PARTIES MEETING WITHIN THE COUNCIL

of 12 June 2007

adopting rules implementing Article 6a of the Convention on the establishment of a European
Police Office (Europol Convention)

(2007/413/JHA)

THE CONTRACTING PARTIES
Member States of the European Union,

to the Europol Convention,

HAVE ADOPTED THE FOLLOWING DECISION:

Having regard to the Convention on the establishment of a
European Police Office (Europol Convention) (1), as amended
by the Protocol amending that Convention (2), and in particular
the second paragraph of Article 6a thereof,

Article 1

Definitions

For the purpose of this Decision:

Having regard to the draft prepared by the Management Board
and after consulting the Joint Supervisory Body,

Whereas:

(1)

is for

It
the Contracting Parties meeting within the
Council to adopt rules implementing Article 6a of the
Europol Convention.

(a)

‘personal data’ means any information relating to an iden-
tified or identifiable natural person: an identifiable person is
one who can be identified, directly or
in
particular by reference to an identification number or to
one or more factors specific to his physical, physiological,
mental, economic, cultural or social identity;

indirectly,

(b) ‘processing of personal data’

(‘processing’) means any
operation or set of operations which is performed upon
personal data, whether or not by automatic means, such
as collection, recording, organisation, storage, adaptation
or alteration, retrieval, consultation, use, disclosure by trans-
mission, dissemination or otherwise making available,
alignment or combination, blocking, erasure or destruction;

(c)

‘computerised system of collected information’ means the
system referred to in Article 6(1) of
the Europol
Convention;

(2)

(3)

The Contracting Parties by adopting this Decision,
respect their obligation under the Convention on the
Individuals with regard to Automatic
Protection of
Processing of Personal Data, adopted by the Council of
Europe on 28 January 1981.

(d)

‘information system’ means the system referred to in Article
7(1) of the Europol Convention;

The Contracting Parties equally take account of Recom-
mendation No R(87)15 of the Committee of Ministers of
the Council of Europe of 17 September 1987 regulating
the use of personal data in the police sector,

(e)

‘analysis work file’ means a file opened for the purpose of
analysis as referred to in Article 10(1) of
the Europol
Convention;

(1) OJ C 316, 27.11.1995, p. 2.
(2) OJ C 2, 6.1.2004, p. 1.

(f)

‘Member State’ means a Contracting Party to the Europol
Convention;

15.6.2007

EN

Official Journal of the European Union

L 155/79

(g)

‘third party’ means a third State or body as referred to in
Article 10(4) of the Europol Convention;

(h) ‘duly authorised Europol official’ means a Europol employee
designated by the Europol Directorate to process personal
data stored in accordance with this Decision.

Article 2

Scope

This Decision shall apply to personal data communicated to
Europol for the purpose of determining whether such data are
relevant for its tasks and can be included in the computerised
system of collected information, with the exception of:

(a) personal data entered into the information system pursuant

to Article 9(1) of the Europol Convention;

(b) personal data offered by a Member State or by a third party
for inclusion in a specific analysis work file as well as
personal data entered into an analysis work file pursuant
to Article 10 of the Europol Convention.

Article 3

Access and use

1.
Access to personal data processed by Europol under this
Decision shall be limited to duly authorised Europol officials.

to Article 13 of

Europol
2. Without prejudice
Convention, personal data processed by Europol under this
Decision shall only be used for the purposes of determining
whether such data are relevant for Europol's tasks and can be
included in the computerised system of collected information.

the

In case Europol decides to include such data in the
2.
computerised system of collected information or to delete or
destroy it, it shall inform the providing Member State or third
party thereof.

Article 5

Time limit for the storage of data

A decision on the use of personal data in accordance with
1.
Article 3(2) shall be taken as soon as possible, and in any case
not
later than six months after such data was received by
Europol.

2.
In the absence of such a decision upon expiry of the six
month period, the personal data in question shall be deleted or
destroyed and the providing Member State or third party shall
be informed thereof.

Article 6

Responsibility

Europol shall be responsible for ensuring compliance with

1.
Articles 3, 4 and 5 of this Decision.

Europol shall inform the Management Board and the Joint
2.
Supervisory Body on how it intends to implement this respon-
sibility before starting to process data under this Decision.

Article 7

Entry into force

This Decision shall take effect on the day following its publi-
cation in the Official Journal of the European Union.

Article 4

Rules on personal data protection and on data security

Done at Luxembourg, 12 June 2007.

1.
Europol shall, when processing personal data under this
Decision, comply with the rules on personal data protection and
on data security laid down in the Europol Convention,
in
particular Articles 14(3), 16 and 25 and the rules adopted in
the implementation thereof.

For the Council
The President

W. SCHÄUBLE