2007/673/EC: Council Decision of 15 October 2007 amending the Council Act adopting rules applicable to Europol analysis files
Date: 2007-10-15
Institutions: Council of the European Union
Subjects: Europol, confidentiality, data processing, disclosure of information, personal data, protection of privacy

20.10.2007

EN

Official Journal of the European Union

L 277/23

COUNCIL DECISION

of 15 October 2007

amending the Council Act adopting rules applicable to Europol analysis files

(2007/673/EC)

THE COUNCIL OF THE EUROPEAN UNION,

HAS DECIDED AS FOLLOWS:

Having regard to the Convention based on Article K.3 of the
Treaty on European Union, on the establishment of a European
Police Office (Europol Convention) (1), and in particular Article
10(1) thereof,

Article 1

Council Act
Europol analysis files is hereby amended as follows:

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

Having regard to the initiative by the Republic of Finland,

1.

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

Having regard to the opinion of the European Parliament (2),

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

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

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

Whereas:

(1)

(2)

The Europol Convention makes provision in Title III for
work files for the purposes of analysis; amendments
thereto were introduced by the Protocol drawn up on
the basis of Article 43(1) of the Europol Convention; in
particular, amendments were made to Articles 10, 12, 16
and 21 of the Europol Convention, which constitute the
framework for the opening of an analysis file and the
collection, processing, utilisation 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 (3). These rules need to be amended as a
the amendments made by the said
consequence of
to the Europol Convention. The Act should
Protocol
therefore be amended accordingly.

(3)

After consulting the Joint Supervisory Body,

(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
(Europol
on the Establishment of
Convention), amending that Convention (OJ C 2, 6.1.2004, p. 3).
(2) Opinion of 4 September 2007 (not yet published in the Official

a European Police Office

Journal).

(3) OJ C 26, 30.1.1999, p. 1. Act as last amended by the Council Act of
19 December 2002 amending the Staff Regulations applicable to
Europol employees (OJ C 24, 31.1.2003, p. 1).

The orders mentioned in this Article,

‘3.
including later
amendments, shall be established in accordance with the
the Europol
procedure
Convention.’;

established in Article 12 of

3. Article 7 shall be amended as follows:

(a)

in paragraph 1,
replaced by the following:

the fourth subparagraph shall be

‘The review of
the need for the continuation of an
analysis work file in accordance with Article 12(4) of
the Europol Convention shall be carried out by the parti-
cipants in the analysis. On the basis of this review, a
decision shall be taken by the Director on the conti-
shall
nuation or closure of
inform the Management Board of his decision.’;

the file. The Director

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

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

file, data

the

L 277/24

EN

Official Journal of the European Union

20.10.2007

4. Article 12 shall be amended as follows:

‘Article 12a

(a)

in paragraph 2, the first subparagraph shall be deleted
the second subparagraph shall be
and the text of
preceded by the number ‘2.’;

Participants in an analysis project within the meaning of
Article 10(2) of
the Europol Convention shall only be
authorised to retrieve data after they have been accredited
by Europol and undergone training on their specific obli-
gations under the Europol legal framework.’;

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

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

‘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.’;

5. The following Article shall be inserted:

Article 2

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

Done at Luxembourg, 15 October 2007.

For the Council
The President

L. AMADO