Europol * European Parliament legislative resolution of 17 January 2008 on the proposal for a Council decision establishing the European Police Office (Europol) (COM(2006)0817 — C6-0055/2007 — 2006/0310(CNS))
Date: 2008-01-17
Institutions: Committee on Civil Liberties, Justice and Home Affairs, European Parliament
Subjects: European Data Protection Supervisor, Europol, access to information, data protection, exchange of information, information processing, operation of the Institutions, resolution (EU)

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(j)

access to efficient and independent justice.

(j)

access to efficient and independent justice, in relation to
the rights of defendants and suspects.

Amendment 14
Article 2, point (j)

Amendment 15
Article 2, point (ja) (new)

(ja) extreme poverty and social exclusion.

Amendment 16
Article 3, paragraph 1

The Agency shall ensure appropriate coordination with
1.
relevant Community bodies, offices and agencies, Member
States, international organisation and civil society, in the terms
established in Articles 7, 8 and 10 of Regulation (EC)
No 168/2007, for the implementation of this Framework.

The Agency shall ensure appropriate cooperation and
1.
coordination with relevant Community bodies, offices and agen-
cies, Member States, international organisation and civil society,
in the terms established in Articles 7, 8 and 10 of Regulation
(EC) No 168/2007, for the implementation of this Framework.

Amendment 17
Article 3, paragraph 2a (new)

The Agency shall actively cooperate with candidate
2a.
countries in the field of fundamental rights in order to facil-
itate their compliance with Community law.

Amendment 18
Article 3, paragraph 3

3.
The Agency shall deal with issues relating to discrimina-
tion based on sex only as part of, and to the extent relevant to
its work to be undertaken on general issues on discrimination
referred to in Article 2 point (b), taking into account that the
overall objectives of the European Institute for Gender Equality
established by Regulation (EC) No 1922/2006 shall be to con-
tribute to and strengthen the promotion of gender equality,
including gender mainstreaming in all Community policies
and the resulting national policies, and the fight against dis-
crimination based on sex and to raise EU citizens' awareness
of gender equality by providing technical assistance to Com-
munity institutions, in particular to the Commission and the
authorities of the Member States.

3.
The Agency shall deal with issues relating to discrimina-
tion based on sex, in particular instances of multiple discrimi-
nation, only as part of, and to the extent relevant to its work to
be undertaken on general issues on discrimination referred to in
Article 2 point (b), while respecting the objectives and remit of
the European Institute for Gender Equality established by Regu-
lation (EC) No 1922/2006. The arrangements for cooperation
between the Agency and the Institute shall be laid down in a
memorandum of understanding in accordance with Article 7
of Regulation (EC) No 168/2007.

Europol *

P6_TA(2008)0015

European Parliament legislative resolution of 17 January 2008 on the proposal for a Council
decision establishing the European Police Office (Europol) (COM(2006)0817 — C6-0055/2007 —
2006/0310(CNS))

(2009/C 41 E/23)

(Consultation procedure)

The European Parliament,

— having regard to the Commission proposal (COM(2006)0817),

— having regard to Article 30(1)(b), Article 30(2) and Article 34(2)(c) of the EU Treaty,

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— having regard to Article 39(1) of the EU Treaty, pursuant to which the Council consulted Parliament

(C6-0055/2007),

— having regard to the Protocol

integrating the Schengen acquis into the framework of the European

Union, pursuant to which the Council consulted Parliament,

— having regard to Rules 93 and 51 of its Rules of Procedure,

— having regard to the report of the Committee on Civil Liberties, Justice and Home Affairs and the
opinions of the Committee on Budgets and the Committee on Constitutional Affairs (A6-0447/2007),

1.

Approves the Commission proposal as amended;

2.
Considers that the financial reference amount indicated in the Commission proposal must be compa-
tible with the ceiling of heading 3a of the multiannual financial framework 2007-2013 and with the provi-
sions of Point 47 of the Interinstitutional Agreement of 17 May 2006 (1) between the European Parliament,
the Council and the Commission on budgetary discipline and sound financial management (IIA);

3.
Recalls that the opinion delivered by the Committee on Budgets does not pre-empt the outcome of
the procedure laid down in Point 47 of the IIA, which applies to the setting up of the European Police
Office;

4.

5.

Calls on the Commission to alter its proposal accordingly, pursuant to Article 250(2) of the EC Treaty;

Calls on the Council to notify Parliament if it intends to depart from the text approved by Parliament;

Calls on the Council to consult Parliament again if it intends to amend the Commission proposal

6.
substantially;

Calls on the Council to consult Parliament again within the framework of the Treaty of Lisbon if the

7.
Council decision establishing Europol is not adopted by June 2008;

8.

Instructs its President to forward its position to the Council and Commission.

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Amendment 1
Citation 1a (new)

regard

Having
to Council Regulation (EC, Euratom)
No 1605/2002 of 25 June 2002 on the Financial Regulation
applicable to the general budget of the European Commu-
nities (1) (Financial Regulation), and in particular Article 185
thereof,

(1) OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation
(EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).

Amendment 2
Citation 1b (new)

Having regard to the Interinstitutional Agreement of 17 May
2006 between the European Parliament, the Council and the
Commission on budgetary discipline and sound financial man-
agement (1), and in particular Point 47 thereof,

(1) OJ C 139, 14.6.2006, p. 1.

(1) OJ C 139, 14.6.2006, p. 1.

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Amendment 3

Recital 4a (new)

(4a)
The Council has not yet adopted the Framework Deci-
sion on the protection of personal data processed in the frame-
work of police and judicial cooperation in criminal matters.
The entry into force of the Framework Decision is crucial in
order for Europol to comply with its mandate within a legal
framework which fully guarantees the data protection of Euro-
pean citizens. It is therefore imperative that the Council adopt
the Framework Decision as soon as possible.

Amendment 4

Recital 4b (new)

(4b)
The European Parliament, in its Recommendation to
the Council on Europol: reinforcing parliamentary controls
and extending powers (1), of 13 April 1999, called for the
into the institutional framework
incorporation of Europol
of the European Union and its being subject to democratic
scrutiny by Parliament.

(1) OJ C 219, 30.7.1999, p. 101.

Amendment 5

Recital 4c (new)

(4c)
The European Parliament, in its Recommendation to
the Council on the future development of Europol and its
automatic incorporation into the institutional system of the
European Union (1), of 30 May 2002, and in its Recommenda-
tion to the Council on the future development of Europol (2),
of 10 April 2003, called for the placing of Europol on a Com-
munity footing.

(1) OJ C 187 E, 7.8.2003, p. 144.
(2) OJ C 64 E, 12.3.2004, p. 588.

Amendment 6

Recital 5

(5)
Establishing Europol as an agency of the European Union,
funded from the general budget of the European Communities
will enhance the role of the European Parliament in the control
over Europol, through the involvement of the European Parlia-
ment in the adoption of the budget.

(5)
Establishing Europol as an agency of the European Union,
funded from the general budget of the European Union, will
enhance the role of the European Parliament in the control of,
and democratic scrutiny over, Europol, through the involve-
ment of the European Parliament in the adoption of the budget,
including the
establishment plan, and in the discharge
procedure.

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Amendment 7
Recital 6a (new)

(6a)
Establishing Europol calls for an interinstitutional
agreement which lays down the basic conditions governing
the European regulatory agencies in order to structure existing
and future agencies in a way that promotes clarity, transpar-
ency and legal certainty.

Amendment 8
Recital 8a (new)

Following the

extension of Europol's operational
(8a)
powers, some improvements are still needed as regards its
democratic accountability.

Amendment 9
Recital 13

(13)
There is a need for a data protection officer who should
be responsible for ensuring, in an independent manner, lawful-
ness of data processing and compliance with the provisions of
this Decision concerning the processing of personal data,
including the processing of personal data on Europol staff
(EC)
by Article 24
which
No 45/2001.

of Regulation

protected

is

(13)
There is a need for a data protection officer who should
be responsible for ensuring, in an independent manner, lawful-
ness of data processing and compliance with the provisions of
this Decision concerning the processing of personal data,
including the processing of personal data on Europol staff
(EC)
by Article 24
which
No 45/2001. In carrying out his tasks, the data protection
officer should cooperate with the data protection officers
appointed under Community law.

of Regulation

protected

is

Amendment 10
Recital 14

In addition to simplifications of the provisions concern-
(14)
ing existing data processing systems, Europol's possibilities for
creating and managing other data processing tools in support of
its tasks should be widened; such data-processing tools should be
established and maintained in accordance with general princi-
ples of data protection, but also in accordance with detailed
rules to be established by the Council.

In addition to simplifications of the provisions concern-
(14)
ing existing data processing systems, Europol's possibilities for
creating and managing other data processing tools in support of
its tasks should be allowed; such data processing tools should be
established and maintained in accordance with general princi-
ples of data protection enshrined in Community law and in
the Council of Europe's Convention No 108 of 28 January
1981 for the Protection of Individuals with regard to Auto-
matic Processing of Personal Data and in accordance with
detailed rules to be established by the Council, in consultation
with the European Parliament.

Amendment 11
Recital 19

for

Europol's possibilities

(19)
cooperating with third
countries and bodies should be rationalised in order to ensure
consistency with the general policy of the Union in this respect,
and through new provisions on how such cooperation is to take
place in the future.

(19)
Europol's possibilities for cooperating with third coun-
tries and bodies should be rationalised in order to ensure con-
sistency with the general policy of the Union in this respect, and
to guarantee that third countries and bodies provide for an
adequate level of protection of personal data, through new
provisions on how such cooperation is
to take place in
the future to be adopted by the Council, after consulting the
European Parliament.

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Amendment 12

Article 1, paragraph 1

1.
This Decision establishes a European Police Office, herein-
after referred to as ‘Europol’, as an agency of the Union. Europol
shall have its seat in The Hague, the Netherlands.

1.
This Decision establishes a European Police Office, herein-
after referred to as ‘Europol’, as an agency of the Union. It is an
agency within the meaning of Article 185 of the Financial
Regulation and Point 47 of the Interinstitutional Agreement
(IIA). Europol shall have its seat in The Hague, the Netherlands.

Amendment 13

Article 5, paragraph 1, point (a)

(a)

the collection, storage, processing, analysis and exchange of
information and intelligence forwarded by the authorities of
the Member States or third countries or other public or
private entities;

(a)

the collection, storage, processing, analysis and exchange of
information and intelligence forwarded by the authorities of
the Member States or third countries or other public or
private entities; when the information emanates from pri-
vate parties, it shall be lawfully collected and processed
before being forwarded to Europol
in accordance with
national legislation implementing Directive 95/46/EC of
the European Parliament and of the Council of 24 Octo-
ber 1995 on the protection of individuals with regard to
the processing of personal data and on the free movement
of such data (1), and access by Europol shall be allowed
only on a case-by-case basis, for specified purposes and
under judicial control in the Member States; additional
safeguards shall be laid down by Europol after consulta-
tion of the European Data Protection Supervisor and the
Joint Supervisory Body;

(1) OJ L 281, 23.11.1995, p. 31. Directive as amended by Regulation

(EC) No 1882/2003 (OJ L 284, 31.10.2003, p. 1).

Amendment 14

Article 6, paragraph 2

In those cases where a joint investigation team is set up to
2.
deal with cases of counterfeiting of the Euro currency, a Europol
official may be appointed to direct the investigation, under the
direct responsibility of the leader of the team. Where there is a
difference of opinion between the Europol official
thus
appointed and the team leader, the latter's opinion shall prevail.

In those cases where a joint investigation team is set up to
2.
deal with cases of counterfeiting of the Euro currency or with
the tasks mentioned in Article 5(2), a Europol official may be
appointed to direct the investigation, under the direct responsi-
bility of the leader of the team. Where there is a difference of
opinion between the Europol official thus appointed and the
team leader, the latter's opinion shall prevail.

Amendment 15

Article 8, paragraph 2

The national unit shall be the liaison body between Euro-
2.
pol and the competent national authorities. However, Member
States may allow direct contacts between designated competent
authorities and Europol subject to conditions determined by the
Member State in question, which may include prior involve-
ment of the national unit.

The national unit shall be the only liaison body between
2.
Europol and the competent national authorities. However, Mem-
ber States may allow direct contacts between designated compe-
tent authorities and Europol subject to conditions determined
by the Member State in question, including prior involvement
of the national unit.

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The national unit shall at the same time receive from Europol
any information exchanged in the course of direct contacts
between Europol and designated competent authorities. Rela-
tionships between the national unit and the competent autho-
rities shall be governed by national law and, in particular, the
applicable national constitutional requirements.

Amendment 16

Article 9, paragraph 2, subparagraph 2

The bilateral exchanges provided for in point (d) of the first
subparagraph may also cover crimes outside of the competence
of Europol, as far as allowed under national law.

The bilateral exchanges provided for in point (d) of the first
subparagraph may also cover crimes outside of the competence
of Europol, as far as allowed under national law. In this case,
Europol shall not be held responsible for the content of any of
the information exchanged.

Amendment 17

Article 10, paragraph 2

2.
Europol may process data for the purpose of determining
whether such data are relevant for its tasks, and can be included
in one of its information systems.

2.
Europol may process data for the purpose of determining
whether such data are relevant for its tasks, and can be included
in one of its information systems. In such a case, the data shall
be processed for
the sole purpose of determining their
relevance.

Amendment 18

Article 10, paragraph 3

3. Whenever Europol intends to establish a system for pro-
cessing personal data other than the Europol Information Sys-
tem referred to in Article 11 or the Analysis Work Files referred
to in Article 14, the Council, acting by a qualified majority after
consulting the European Parliament, shall determine the condi-
tions under which Europol may do so. Such conditions shall in
particular relate to the access to and usage of the data, as well
as time limits for the storage and deletion of the data, having
due regard to the principles referred to in Article 26.

3. Whenever Europol intends to establish a system for pro-
cessing personal data other than the Europol Information Sys-
tem referred to in Article 11 or the Analysis Work Files referred
to in Article 14, the Council, acting by a qualified majority after
consulting the European Parliament, shall determine the condi-
tions under which Europol may do so. Such conditions shall in
particular relate to the access to and usage of the data, as well
as time limits for the storage and deletion of the data, having
due regard to the principles referred to in Article 26. The Joint
Supervisory Body of Europol and the European Data Protec-
tion Supervisor shall be consulted before the adoption of such
a decision by the Council.

Amendment 19

Article 10, paragraph 5

5.
Europol shall make every effort to ensure that its data
processing systems are interoperable with the data processing
systems in the Member States, and in particular with the data
processing systems in use by the Community and Union related
bodies with which Europol may establish relations in accor-
dance with Article 22,
through following best practice and
using open standards.

5.
Europol shall make every effort to ensure that its data
processing systems are interoperable with the data processing
systems in the Member States, and in particular with the data
processing systems in use by the Community and Union related
bodies with which Europol may establish relations in accor-
through following best practice and
dance with Article 22,
using open standards.
Interconnection shall be authorised

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following a decision to that effect by the Council, which shall
be taken after consultation with the Europol officer responsi-
ble for data protection and with the Joint Supervisory Body
and shall lay down the rules and conditions, in particular as
regards the need to apply interconnection and the purposes for
which the personal data are to be used.

Amendment 20

Article 11, paragraph 1

1.
Europol shall maintain a Europol Information System. The
Europol Information System shall be directly accessible for con-
sultation by national units,
liaison officers, the Director, the
Deputy Directors and duly empowered Europol officials.

1.
Europol shall maintain a Europol Information System. The
Europol Information System shall be directly accessible for con-
sultation by national units,
liaison officers, the Director, the
Deputy Directors and duly empowered Europol officials. Direct
access by the national units to the information system in
respect of the persons referred to in Article 12(1)(b) shall be
restricted solely to the identity details listed in Article 12(2). If
needed for a specific enquiry, the full range of data shall be
accessible to the units via the liaison officers.

Amendment 21

Article 12, paragraph 1, point (b)

(b) persons who there are serious grounds under national law
of
the Member State concerned to believe will commit
criminal offences in respect of which Europol is competent.

(b) persons who there are factual

indications or serious
grounds under national law of the Member State concerned
to believe will commit criminal offences in respect of which
Europol is competent.

Amendment 22

Article 12, paragraph 4a (new)

4a.
Special categories of data concerning racial or ethnic
origin, political opinions, religious or philosophical beliefs,
party or trade union membership, sexual orientation or health
shall not be processed, save when absolutely necessary and
proportionate for the purpose of a specific case and subject
to specific safeguards.

Amendment 23

Article 19, paragraph 1

1.
Personal data retrieved from any of Europol's data proces-
sing files shall be transmitted or used only by the competent
authorities of the Member States in order to prevent and com-
bat crimes in respect of which Europol
is competent, and to
combat other serious forms of crime. Europol shall use the
data only for the performance of its tasks.

1.
Personal data retrieved from any of Europol's data proces-
sing files shall be transmitted or used only by the competent
authorities of the Member States solely for the purposes for
which they have been collected and for purposes compatible
therewith, in order to prevent and combat crimes in respect of
which Europol is competent, and to combat other serious forms
of crime. Europol shall use the data only for the performance of
its tasks.

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Amendment 24
Article 20, paragraph 1

(1)
Data in data files shall be held by Europol only for as
long as is necessary for the performance of its tasks. The need
for continued storage shall be reviewed no later than three
years after the input of data. Review of data stored in the infor-
mation system and its deletion shall be carried out by the input-
ting unit. Review of data stored in other Europol data files and
their deletion shall be carried out by Europol. Europol shall
automatically inform the Member States
in
advance of the expiry of the time limits for reviewing the sto-
rage of data.

three months

(1)
Data in data files shall be held by Europol only for as
long as is necessary for the performance of its tasks. Notwith-
standing Article 10(3), the need for continued storage shall be
reviewed and documented at least every two years after the
input of data. Review of data stored in the information system
and its deletion shall be carried out by the inputting unit.
Review of data stored in other Europol data files and their dele-
tion shall be carried out by Europol. Europol shall automatically
inform the Member States three months in advance of
the
expiry of the time limits for reviewing the storage of data.

Amendment 25
Article 21

In so far as Europol is entitled under European Union, interna-
tional or national legal instruments to gain computerised access
to data from other information systems, either of a national or
an international nature, Europol may retrieve personal data by
such means if this is necessary for the performance of its tasks.
The applicable provisions of
international or
national legal instruments shall govern the access to and use of
this data by Europol, in so far as they provide for stricter rules
on access and usage than this Decision. Europol may not use
such data in contravention of this Decision.

such Union,

In so far as Europol is entitled under European Union, interna-
tional or national legal instruments to gain computerised access
to data from other information systems, either of a national or
an international nature, Europol may retrieve personal data by
such means only on a case-by-case basis if and in so far as
this is necessary for and proportionate to the performance of
its tasks and under strict conditions laid down by Europol
after consultation of the European Data Protection Supervisor
and the Joint Supervisory Body. The applicable provisions of
instruments shall
such Union,
govern the access to and use of this data by Europol, in so far
as they provide for stricter rules on access and usage than this
Decision. Europol may not use such data in contravention of
this Decision.

international or national

legal

Amendment 26
Article 22, paragraph 1, point (da) (new)

(da)

the

relevant departments of

the Secretary-General
of the Council and the Joint Situation Centre of the
European Union.

Amendment 27
Article 22, paragraph 5a (new)

5a. Where personal data are forwarded by Community
institutions or bodies, Europol shall be regarded as a Com-
munity body within the meaning of Article 7 of Regulation
(EC) No 45/2001.

Amendment 28
Article 24, paragraph 1, introductory sentence

1.
Europol may under the conditions laid down in para-
graph 4 communicate personal data which it holds to the third
bodies referred to in Article 23(1), where:

1.
In very exceptional situations and on a case-by-case
basis, Europol may under the conditions laid down in para-
graph 4 communicate personal data which it holds to the third
bodies referred to in Article 23(1), where:

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Amendment 58
Article 24, paragraph 2

2.
By way of derogation from paragraph 1, Europol may
communicate personal data which it holds to the third bodies
referred to in Article 23(1) under the conditions laid down in
paragraph 4 where the Director of Europol considers the trans-
mission of the data to be absolutely necessary to safeguard the
essential interests of the Member States concerned within the
scope of Europol's objectives or in the interests of preventing
imminent danger associated with crime or terrorist offences.
The Director of Europol shall in all circumstances consider the
data-protection level applicable to the body in question with a
view to balancing this data-protection level with those interests.

2.
By way of derogation from paragraph 1, Europol may, on
a case-by-case basis, communicate personal data which it holds
to the third bodies referred to in Article 23(1) under the condi-
tions laid down in paragraph 4 where the Director of Europol
considers the transmission of the data to be absolutely necess-
ary to safeguard the essential
interests of the Member States
concerned within the scope of Europol's objectives or in the
interests of preventing imminent danger associated with crime
or terrorist offences. The Director of Europol shall in all circum-
stances consider the level of respect for human rights, democ-
racy and the rule of law in the third country to which the data
could be transferred, the purposes for which the data could be
used and the data-protection level applicable to the body in
question with a view to balancing this data-protection level
with those interests, as well as reciprocity in the exchange of
information, and shall regularly inform the European Parlia-
ment, the Council and the Commission, as well as the data
protection supervisory bodies, of the decisions taken in imple-
menting this Article.

Amendment 30
Article 25, paragraph 2

The Management Board shall determine the implementing
2.
rules governing the relations of Europol with the Community
and Union related bodies and agencies referred to in Article 22,
and for the exchange of personal data between Europol and
such bodies and agencies. The Management Board shall consult
the joint supervisory body prior to taking its decision.

The Management Board shall determine the implementing
2.
rules governing the relations of Europol with the Community
and Union related bodies and agencies referred to in Article 22,
and for the exchange of personal data between Europol and
such bodies and agencies. The Management Board shall consult
the joint supervisory body and the European Data Protection
Supervisor prior to taking its decision.

Amendment 31
Article 26

Without prejudice to specific provisions of this Decision, Euro-
pol shall apply the principles of the Council Framework Deci-
sion 2007/XX/JHA on the protection of personal data processed
in the framework of police and judicial cooperation in criminal
matters in the collection, processing and usage of personal data.
Europol shall observe these principles in the collection, proces-
sing and utilization of personal data, included in respect of non-
automated data held in the form of data files, i.e. any structured
set of personal data accessible in accordance with specific
criteria.

Without prejudice to specific provisions of this Decision and to
the need to maintain the safeguards provided by the Europol
Convention, Europol shall apply the principles of the Council
Framework Decision 2007/XX/JHA on the protection of perso-
nal data processed in the framework of police and judicial coop-
eration in criminal matters in the collection, processing and
usage of personal data. Europol shall observe these principles
in the collection, processing and utilization of personal data,
included in respect of non-automated data held in the form of
data files, i.e. any structured set of personal data accessible in
accordance with specific criteria.

Amendment 32
Article 27, paragraph 1

1.
Europol shall appoint a Data Protection Officer, who shall
be a member of the staff. He shall be under the direct authority
of the Management Board. In the performance of his duties,
he shall take instructions from no-one.

1.
Europol shall appoint an independent Data Protection
Officer, who shall be a member of the staff. He or she shall be
under
In
the performance of his or her duties, he or she shall take
instructions from no-one.

the Management Board.

the direct authority of

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Amendment 33

Article 27, paragraph 5

5.
Further implementing rules concerning the Data Protec-
tion Officer shall be adopted by the Management Board. The
implementing rules shall in particular concern selection and dis-
missal, tasks, duties and powers of the Data Protection Officer.

5.
Further implementing rules concerning the Data Protec-
tion Officer shall be adopted by the Management Board. The
implementing rules shall
in particular concern selection and
dismissal, tasks, duties, powers and safeguards of the indepen-
dence of the Data Protection Officer.

Amendment 34

Article 29, paragraph 4

4.

Access to personal data shall be denied if:

Access to personal data shall be denied only if such

4.
refusal is necessary to:

(a)

such access might jeopardise one of Europol's activities;

(a)

enable Europol to fulfil its activities properly;

(b) such access might jeopardise any national investigation

(b) guarantee that any national investigation which Europol

which Europol is assisting;

is assisting will not be jeopardised;

(c)

such access might jeopardise the rights and freedoms of
third parties.

(c) protect the rights and freedoms of third parties.

Amendment 35

Article 29, paragraph 5

the competent

Europol shall consult

law enforcement
5.
authorities of
the Member States concerned before deciding
whether to grant access. Access to data entered in the Analysis
Work Files shall be conditional upon the consensus of Europol
and the Member States participating in the analysis and the
consensus of the Member State(s) directly concerned by the
communication of such data. In case a Member State objects
to give access to personal data,
it shall notify its refusal and
the grounds thereof to Europol.

5.
As a general principle, exercise of the right of access
shall not be denied. Exceptions to that rule may only be
accepted if necessary in order to protect another fundamental
right. Europol shall consult the competent law enforcement
authorities of
the Member States concerned before deciding
whether to grant access. Access to data entered in the Analysis
Work Files shall be conditional upon the consensus of Europol
and the Member States participating in the analysis and the
consensus of the Member State(s) directly concerned by the
communication of such data. In case a Member State objects
it shall notify its refusal and
to give access to personal data,
the grounds thereof to Europol.

Amendment 36

Article 29, paragraph 6

If one or more Member States or Europol have objections
6.
to an individual obtaining access to data concerning him, Euro-
pol shall notify the person concerned that it has carried out the
checks, without giving any information which might reveal to
him whether or not personal data concerning him are processed
by Europol.

If one or more Member States or Europol have objections
6.
to an individual obtaining access to data concerning him, Euro-
pol shall notify the person concerned that it has carried out the
checks, without giving any information which might reveal to
him whether or not personal data concerning him are processed
by Europol. The data controller shall be obliged to state the
reasons for a refusal of access, in such a way that the applica-
tion of the exception may be effectively controlled in confor-
mity with Recommendation No R (87) 15 of the Committee of
Ministers of the Council of Europe of 17 September 1987 reg-
ulating the use of personal data in the police sector.

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AMENDMENTS
BY PARLIAMENT

Amendment 38
Article 36, paragraph 9, subparagraph 1

9.

The Management Board shall adopt each year:

(a)

the draft budget estimate and the preliminary draft budget
to be submitted to the Commission, including the establish-
ment plan, and the final budget;

(b) a work programme for Europol's future activities taking
into account Member States' operational requirements and
budgetary and staffing implications for Europol, after the
Commission has delivered an opinion;

(c)

a general report on Europol's activities during the previous
year.

The Management Board shall adopt each year, after endor-

9.
sement by the Council:

(a)

the draft budget estimate to be submitted to the Commis-
sion, including the draft establishment plan;

(aa) Europol's budget and establishment plan, after authori-

sation by the budgetary authority;

(b) a work programme for Europol's future activities taking
into account, as far as possible, Member States' operational
requirements in accordance with the financial and human
resources available, after the Commission has delivered an
opinion;

(c)

a general report on Europol's activities during the previous
year, comparing, in particular, the results achieved with
the objectives of the annual work programme.

Amendment 39
Article 36, paragraph 9, subparagraph 2

These documents
for
endorsement. They shall also be forwarded by the Council to
the European Parliament for information.

shall be submitted to the Council

These documents shall be submitted to the European Parlia-
ment, which shall have the opportunity to examine them
as appropriate, where necessary in association with national
parliaments.

Amendment 59
Article 37, paragraphs 1, 2 and 3

1.
Europol shall be headed by a Director appointed by the
Council, acting by a qualified majority, from a list of at least
three candidates presented by the Management Board, for a
four-year period extendable once.

1.
Europol shall be headed by a Director appointed by the
Management Board in accordance with a cooperation (concer-
tation) procedure.

The Director shall be appointed on the basis of his or her
personal merit, experience in the field of competence of Euro-
pol and administrative and management skills.

This cooperation procedure shall be as follows:

(a) on the basis of a list drawn up by the Commission after a
call for candidates and a transparent selection procedure,
applicants will be asked, before an appointment is made,
to address the European Parliament and the Council and
to reply to questions;

(b) the European Parliament and the Council may then give

their opinions and state their orders of preference;

(c)

the Management Board shall appoint the Director taking
those opinions into account.

The Director's term of office shall be four years.

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AMENDMENTS
BY PARLIAMENT

The Director

shall be assisted by Deputy Directors
2.
appointed for a four-year period extendable once, in accordance
with the procedure laid down in paragraph 1. Their tasks shall
be defined in greater detail by the Director.

The Director

shall be assisted by Deputy Directors
2.
appointed for a four-year period extendable once. Their tasks
shall be defined in greater detail by the Director.

The Management Board shall establish rules regarding the
3.
selection of candidates for the position of Director or Deputy
Director. Such rules shall be approved by the Council, acting by
a qualified majority prior to their entry into force.

The Management Board shall establish rules regarding the
3.
selection of candidates for the position of Deputy Director. Such
rules shall be approved by the Council, acting by a qualified
majority prior to their entry into force.

Amendment 41
Article 37, paragraph 4, point (ga) (new)

(ga)

the implementation of effective monitoring and evalu-
ation procedures relating to Europol's performance in
terms of achieving its objectives,

Amendment 42
Article 38, paragraph 5a (new)

Regulation (EC) No 45/2001 shall apply to the proces-

5a.
sing of personal data relating to Europol staff.

Amendment 43
Article 41, paragraph 1

The revenues of Europol shall consist, without prejudice to
1.
other types of
income, of a subsidy from the Community
entered in the general budget of the European Union (Commis-
sion section) as from 1 January 2010.

The revenues of Europol shall consist, without prejudice to
1.
other types of
income, of a subsidy from the Community
entered in the general budget of the European Union (Commis-
sion section) as from 1 January 2010. The financing of Euro-
pol is subject to an agreement by the budgetary authority as
provided for in the IIA.

Amendment 44
Article 41, paragraph 3

The Director shall draw up a draft estimate of the reven-
3.
ues and expenditure of Europol for the following financial year
and shall forward it to the Management Board together with a
provisional establishment plan. The establishment plan shall
consist of posts of a permanent or temporary nature and a
reference to national experts seconded, and shall state the num-
ber, grade and category of staff employed by Europol for the
financial year in question.

The Director shall draw up a draft estimate of the reven-
3.
ues and expenditure of Europol for the following financial year
and shall forward it to the Management Board together with a
draft establishment plan. The draft establishment plan shall
consist of posts of a permanent or temporary nature and a
reference to national experts seconded, and shall state the num-
ber, grade and category of staff employed by Europol for the
financial year in question.

Amendment 45
Article 41, paragraph 6

The estimate shall be forwarded by the Commission to the
6.
European Parliament, and the Council (hereinafter referred to as
the budgetary authority) together with the preliminary draft
budget of the European Union.

The estimate shall be forwarded by the Commission to the
6.
European Parliament, which shall have the opportunity to
examine it as appropriate according to its competences, and
the Council (hereinafter referred to as the budgetary authority)
together with the preliminary draft budget of
the European
Union.

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AMENDMENTS
BY PARLIAMENT

Amendment 46

Article 42, paragraph 8a (new)

The Director shall submit to the European Parliament,
8a.
the latter's request, any information required for the
at
smooth application of the discharge procedure for the finan-
cial year in question, as laid down in Article 146(3) of the
Financial Regulation.

Amendment 47

Article 42, paragraph 9

9.
Upon a recommendation from the Council, the European
Parliament shall, before 30 April of year n + 2, give a discharge
to the Director of Europol in respect of the implementation of
the budget for year n.

9.
The European Parliament, taking into account a recom-
mendation from the Council acting by a qualified majority,
shall, before 30 April of year n + 2, give a discharge to the
in respect of the implementation of the
Director of Europol
budget for year n.

Amendment 48

Article 43

The financial rules applicable to Europol shall be adopted by the
Management Board after having consulted the Commission.
They may not depart
Euratom)
No 2343/2002 of 23 December 2002, unless necessary for
the Commission
Europol's operation. The prior consent of
shall be required for the adoption of any rules which derogate
from the Regulation (EC, Euratom) No 2343/2002. The budget-
ary authority shall be informed of these derogations.

from Regulation (EC,

The financial rules applicable to Europol shall be adopted by the
Management Board after having consulted the Commission.
Euratom)
They may not depart
No 2343/2002 of 19 November 2002, unless
specifically
required for Europol's operation. The prior consent of the Com-
mission shall be required for the adoption of any rules which
derogate from Regulation (EC, Euratom) No 2343/2002. The
budgetary authority shall be informed of these derogations.

from Regulation (EC,

Amendment 49

Article 44, paragraph 1

The Director will establish a monitoring system in order to col-
lect indicators of the effectiveness and efficiency of the duties
performed within Europol.

The Director will establish a monitoring system in order to col-
lect indicators of the effectiveness and efficiency of the duties
performed within Europol. The Director shall report annually
to the Management Board on the results of this monitoring.

Amendment 50

Article 44, paragraph 4a (new)

The Chairman of the Management Board or the Director of
Europol shall present Europol's priorities for the coming year
before a joint committee comprising Members of the European
Parliament and members of national parliaments in order to
guarantee a democratic debate with civil society and a better
control over its activities.

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AMENDMENTS
BY PARLIAMENT

Amendment 51
Article 45

On the basis of a proposal by the Director, and not later than
six months after this Decision is applicable, the Management
Board shall adopt rules concerning access to Europol docu-
ments, taking into account the principles and limits set out in
Regulation (EC) No 1049/2001 of the European Parliament and
of the Council.

On the basis of a proposal by the Director, and not later than
six months after this Decision is applicable, the Management
Board, after consulting the European Parliament, shall adopt
rules concerning access to Europol documents,
taking into
account the principles and limits set out in Regulation (EC)
No 1049/2001 of the European Parliament and of the Council.

Amendment 52
Article 47

The chairman of the Management Board and the Director may
appear before the European Parliament to discuss general ques-
tions relating to Europol.

The chairman of the Management Board and the Director shall
appear before the European Parliament on request to discuss
any questions relating to Europol.

Amendment 53
Article 56, paragraph 1

1.
By way of derogation from Article 38, all employment
contracts concluded by Europol, as established by the Europol
Convention before the entry into force of this Decision will be
honoured.

1.
By way of derogation from Article 38, all employment
contracts concluded by Europol, as established by the Europol
Convention before the entry into force of this Decision, will be
honoured. The possible additional staffing cost generated by
this derogation shall be taken into account in the agreement
on the financing of Europol to be reached under Point 47 of
the IIA.

Amendment 54
Article 56, paragraph 2

All members of staff under contracts as referred to in
2.
paragraph 1 shall be offered the possibility to conclude contracts
under Article 2(a) of the Conditions of Employment of other
Servants of the Communities laid down in Regulation (EEC,
Euratom, ECSC) No 259/68 at the various grades as set out in
the establishment plan. To that end an internal selection process
limited to staff employed by Europol before the date of applica-
tion of this Decision will be established within two years after
the date of application of
this Decision by the authority
authorised to conclude contracts in order to check the compe-
tence, efficiency and integrity of those to be engaged. Successful
candidates will be offered a contract under Article 2(a) of the
Conditions of Employment of other Servants of the Commu-
nities
ECSC)
laid
No 259/68.

down in Regulation (EEC,

Euratom,

All members of staff under contracts as referred to in
2.
paragraph 1 shall be offered the possibility to conclude contracts
under Article 2(a) of the Conditions of Employment of other
Servants of the Communities laid down in Regulation (EEC,
Euratom, ECSC) No 259/68 at the various grades as set out in
the establishment plan. To that end, after consultation of the
European Personnel Selection Office, an internal selection pro-
cess limited to staff employed by Europol before the date of
application of
this Decision will be established within two
years after the date of application of this Decision by the auth-
ority authorised to conclude contracts in order to check the
competence, efficiency and integrity of those to be engaged.
This selection process shall be monitored by the Commission.
The outcome of this selection process shall be made public.
Successful candidates will be offered a contract under Article 2
(a) of the Conditions of Employment of other Servants of the
Communities laid down in Regulation (EEC, Euratom, ECSC)
No 259/68. The draft establishment plan forwarded to the
budgetary authority together with the preliminary draft bud-
get of the European Union shall clearly indicate which posts
are filled by staff employed under the Staff Regulations of
Officials of the European Communities and the conditions of
employment of other servants of the European Communities,
and which posts are filled by staff employed under the Europol
Staff Regulations.

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AMENDMENTS
BY PARLIAMENT

Amendment 55
Article 57, paragraph 3, subparagraph 2a (new)

Under no circumstances shall the Community subsidy for
Europol, as established by this Decision, be used to meet
in
expenditure relating to commitments made by Europol
accordance with the Europol Convention, before the entry
into force of this Decision.

Amendment 62
Article 62, paragraph 2a (new)

2a.
This Decision shall be revised within a period of six
months following the date of entry into force of the Treaty of
Lisbon.