Council Decision

of 27 March 2000

authorising the Director of Europol to enter into negotiations on agreements with third States and non-EU-related bodies

(2000/C 106/01)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to Article 42(2), Article 10(4) and Article 18 of the Convention on the establishment of a European Police Office (Europol Convention)(1),

Having regard to the Council Act of 3 November 1998 laying down the Rules governing Europol's external relations with third States and non-European Union-related bodies, and in particular Article 2 of those Rules(2),

Having regard to the Council Act of 3 November 1998 laying down the Rules concerning the receipt of information by Europol from third parties, and in particular Article 2 of those Rules(3),

Having regard to the Council Act of 12 March 1999 adopting the Rules governing the transmission of personal data by Europol to third States and third bodies, and in particular Articles 2 and 3 of those Rules(4),

Whereas:

(1) The effectiveness of combating organised forms of criminality through Europol may be further enhanced by appropriate relations between Europol and third States and bodies.

(2) This Decision authorises the Director of Europol to enter into negotiations with a first group of third States and non-European Union-related bodies selected according to operational requirements and the need to combat in an effective way organised forms of criminality through Europol.

(3) This Decision does not preclude the Council from adding in a subsequent decision further third States and non-European Union-related bodies.

(4) The Council made a declaration on Article 42 of the Europol Convention according to which Europol should as a matter of priority establish relations with the competent bodies of those States with which the European Communities and their Member States have established a structured dialogue.

(5) The Director of Europol may only enter into negotiations concerning the transmission of personal data once the Council is satisfied that there are no obstacles to the start of such negotiations, taking account of the laws and administrative practice in the field of data protection in the third State or non-European Union-related body concerned,

HAS DECIDED AS FOLLOWS:

Article 1

1. Under the conditions set out in this Decision, the Director of Europol shall be authorised to enter into negotiations with the third States and non-European Union-related bodies mentioned in Article 2.

2. In so far as it is intended to exchange personal data, the agreements to be negotiated shall contain provisions concerning the receipt of the data by Europol, the type of data to be transmitted and the purpose for which the data are to be transmitted or used, and must ensure full compliance with all relevant provisions of the Europol Convention and its implementing regulations in this respect.

3. In so far as it is intended to exchange information subject to the requirement of confidentiality, the agreements shall contain provisions concerning confidentiality in line with Article 18(6) of the Europol Convention.

4. The agreements may contain provisions on the secondment of liaison officers from third countries and third bodies to Europol and, where necessary, on the secondment of liaison officers from Europol.

5. However, when an agreement including the transmission of personal data by Europol to third States and non-European Union-related bodies is envisaged, the Director of Europol may only start negotiations after the Council decides, acting unanimously, on the basis of a report to be submitted to it by the Europol Management Board, that no obstacles exist to start such negotiations. The Management Board shall consult the Joint Supervisory Body on these reports. In reaching the decision on the start of negotiations the Council shall take into account Article 2(2) and Article 3(3) of the Rules governing the transmission of personal data by Europol to third States and third bodies.

Article 2

1. Subject to the human and financial resources available at Europol, negotiations shall be entered into with the following third States and non-European Union-related bodies:

Third States (in alphabetical order):

- Bolivia

- Bulgaria

- Canada

- Colombia

- Cyprus

- Czech Republic

- Estonia

- Hungary

- Iceland

- Latvia

- Lithuania

- Malta

- Morocco

- Norway

- Peru

- Poland

- Romania

- Russian Federation

- Slovakia

- Slovenia

- Switzerland

- Turkey

- United States of America.

Non-European Union-related bodies (in alphabetical order):

- ICPO-Interpol

- UNDCP (United Nations Drugs Control Programme)

- World Customs Organisation.

2. The Management Board shall, when considering its position under Article 3(1) of this Decision, decide on the prioritisation of the negotiations, taking account of the Council's declaration on Article 42 of the Europol Convention.

Article 3

1. Without prejudice to Article 1(5), Europol shall enter into the negotiations envisaged in this Decision as soon as the Management Board is satisfied that such negotiations have been adequately prepared. The Management Board may provide the Director of Europol with any such further instructions concerning the negotiations as it considers necessary.

2. The Management Board shall be informed permanently of the state of the negotiations. A progress report shall be submitted to the Board every six months, the first one to be presented before 1 January 2001.

Article 4

1. This Decision shall be published in the Official Journal.

2. This Decision shall enter into force on the day following that of its adoption.

Done at Brussels, 27 March 2000.

For the Council

The President

F. Gomes

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

(2) OJ C 26, 30.1.1999, p. 19.

(3) OJ C 26, 30.1.1999, p. 17.

(4) OJ C 88, 30.3.1999, p 1.