Council Decision of 17 October 2000 establishing a secretariat for the joint supervisory data-protection bodies set up by the Convention on the Establishment of a European Police Office (Europol Convention), the Convention on the Use of Information Technology for Customs Purposes and the Convention implementing the Schengen Agreement on the gradual abolition of checks at the common borders (Schengen Convention)

Council Decision
of 17 October 2000
establishing a secretariat for the joint supervisory data-protection bodies set up by the Convention on the Establishment of a European Police Office (Europol Convention), the Convention on the Use of Information Technology for Customs Purposes and the Convention implementing the Schengen Agreement on the gradual abolition of checks at the common borders (Schengen Convention)
(2000/641/JHA)
THE COUNCIL OF THE EUROPEAN UNION
,
Having regard to Articles 30 and 34(2)(c) of the Treaty on the European Union,
Having regard to Article 2 of the Protocol integrating the Schengen acquis into the framework of the European Union,
Having regard to the initiative of the Portuguese Republic(1),
Having considered the opinion of the European Parliament(2),
Whereas:
(1) The Convention on the Establishment of a European Police Office (Europol Convention)(3), the Convention on the Use of Information Technology for Customs Purposes(4) and the Convention implementing the Schengen Agreement on the gradual abolition of checks at the common borders (Schengen Convention)(5) have created joint supervisory bodies in order to monitor the correct application of data protection provisions in those instruments.
(2) In order for those joint supervisory bodies to function effectively and to reduce costs, they should be supported by one single, independent data-protection secretariat which, in the exercise of its tasks, is bound only by instructions of those bodies.
(3) For practical reasons the administration of the data-protection secretariat should be closely linked to the General Secretariat of the Council, while safeguarding its independence in the exercise of its tasks.
(4) In order to ensure this independence, decisions on the appointment and removal from office of the head of the data-protection secretariat should be taken by the Deputy Secretary-General of the Council, acting on a proposal of the joint supervisory bodies, and the other officials assigned to the data-protection secretariat should be placed exclusively under the instructions of the head of the data-protection secretariat.
(5) The administrative expenses of the data-protection secretariat should be charged to the general budget of the European Union. Europol should contribute to the financing of certain expenses in respect of meetings relating to matters of implementation of the Europol Convention.
(6) Since Council Decision 1999/438/EC of 20 May 1999 concerning the joint supervisory authority set up under Article 115 of the Convention applying the Schengen Agreement of 14 June 1985, on the gradual abolition of checks at common borders, signed on 19 June 1990(6), is superseded by this Decision, it should be repealed as from the date on which this Decision becomes applicable.
(7) The existing joint supervisory bodies have expressed their approval for the principles set out in this Decision,