Europol Convention: European Police Office

1) OBJECTIVE

To improve police cooperation between the Member States to combat terrorism, illicit traffic in drugs and other serious forms of international crime.

2) ACT

Council Act of 26 July 1995 drawing up the Convention on the establishment of a European Police Office (Europol Convention) [Official Journal C 316 of 27.11.1995].

3) SUMMARY

1. This Convention establishes a European Police Office, "Europol", to be located in The Hague, Netherlands. Its task is to improve the effectiveness of the competent authorities in the Member States and cooperation between them in an increasing number of areas.

• preventing and combating terrorism,
• unlawful drug-trafficking,
• trafficking in human beings,
• crimes involving clandestine immigration networks,
• illicit trafficking in radioactive and nuclear substances,
• illicit vehicle trafficking,
• combating the counterfeiting of the euro,
• money-laundering associated with international criminal activities.

2. Europol has the following principal tasks:

• to facilite the exchange of information between Member States;
• to obtain, collate and analyse information and intelligence;
• to notify the competent authorities of the Member States without delay of information concerning them and of any connections identified between criminal offences;
• to aid investigations in the Member States;
• to maintain a computerized system of collected information.

3. Each Member State establishes or designates a national unit to carry out the tasks listed above. The national unit is the only liaison body between Europol and the competent national authorities. It sends Europol at least one liaison officer who is instructed by the national unit to represent its interests within Europol.

4. To perform its tasks, Europol maintains a computerised information system. Data are directly entered into the system that is directly accessible for consultation by national units, liaison officers, the Director, the Deputy Directors and duly empowered Europol officials.

5. The information system may be used to store non-personal data and personal data. The creation of a computerised personal data file by Europol is subject to an instruction approved by the Management Board. Personal data retrieved from the information system can only be transmitted or used by the competent services of the Member States to prevent and combat crime coming under the competence of Europol, and other serious criminal offences.

6. Any individual wishing to obtain data relating to him stored within Europol may make a request free of charge to the national competent authority in any Member States he wishes, and that authority informs him that Europol will reply direct. Everybody has the right to request Europol to correct or delete any incorrect data concerning them.

7. An independent joint supervisory body is responsible for monitoring the activities of Europol to ensure that the rights of the individual are not violated by the storage, processing and utilisation of the data held by Europol.

8. The organs of Europol are:

• the Management Board, composed of a representative of each Member State. It is chaired by the representative of the Member State holding the Presidency of the Council.
• the Director, appointed by the Council for a four-year period renewable once. The Director and Deputy Directors may be dismissed by the Council after obtaining the opinion of the Management Board.
• the Financial Controller, appointed by unanimous vote of the Management Board and accountable to it.
• the Financial Committee, composed of one representative from each Member State.

9. The budget is financed by contributions from the Member States and other occasional receipts. The accounts in respect of all income and expenditure entered in the budget together with the balance sheet showing Europol's assets and liabilities are subject to an annual audit. The audit is carried out by a joint audit committee, made up of three members appointed by the Court of Auditors of the European Communities.

10. Each Member State is liable for any damage caused to an individual as a result of legal or factual errors in data stored or processed within Europol. Only the Member State in which the event which gave rise to the damage occurred may be the subject of an action for compensation by the injured party.

11. Following the entry into force of the Convention, measures were taken to enable the European Police Office to be established. The measures relate to the rights and obligations of the liaison officers, the rules applying to files, the rules of procedure of the joint supervisory body, the staff regulations, the rules on confidentiality, the financial regulation, the headquarters agreement, the protocol on privileges and immunities and the agreements on the rights and immunities of the liaison officers. Thus, Europol was able to begin operating on 1 July 1999, replacing the Europol Drugs Unit ( EDU ) set up on a temporary basis in 1995.

12. The Convention is open to accession by any State that becomes a member of the European Union.

4) IMPLEMENTING MEASURES

Council Act 97/C 221/01 [Official Journal C 221 of 19.07.1997]
Council Act of 19 June 1997 drawing up, on the basis of Article K.3 of the Treaty on European Union and Article 41 (3) of the Europol Convention, the Protocol on the privileges and immunities of Europol, the members of its organs, the Deputy Directors and employees of Europol.

Council Act 99/C 26/01 [Official Journal C 26 of 30.01.1999]
Council Act of 3 November 1998 adopting rules applicable to Europol analysis files.

Council Act 99/C 26/02 [Official Journal C26 of 30.01.1999]
Council Act of 3 November 1998 adopting rules on the confidentiality of Europol information.

Council Act 99/C 26/03 [Official Journal C 26 of 30.01.1999]
Council Act of 3 November 1998 laying down rules concerning the receipt of information by Europol from third parties.

Council Act 99/C 26/04 [Official Journal C 26 of 30.01.1999]
Council Act of 3 November 1998 laying down rules governing Europol's external relations with third States and non-European Union related bodies.

Council Decision 99/C 26/05 [Official Journal C 26 of 30.01.1999]
Council Decision of 3 December 1998 supplementing the definition of the form of crime 'traffic in human beings' in the Annex to the Europol Convention.

Council Decision 99/C 26/06 [Official Journal C 26 of 30.01.1999]
Council Decision of 3 December 1998 instructing Europol to deal with crimes committed or likely to be committed in the course of terrorist activities against life, limb, personal freedom or property.

Council Act 99/C 26/07 [Official Journal C 26 of 30.01.1999]
Council Act of 3 December 1998 laying down the staff regulations applicable to Europol employees.
Amended by the following Decisions:
Council Decision 99/C 364/02 [Official Journal C 364 of 17.12.1999]
Council Decision of 2 December 1999 laying down the staff regulations applicable to Europol employees, with regard to the establishment of remuneration, pensions and other financial entitlements in euros;
Council Decision C5-0089/1999 [Official Journal C 107 of 13.04.2000]
Council Decision amending the Council Act of 3 December 1998 laying down the staff regulations applicable to Europol employees, with regard to the establishment of remunerations, pensions and other financial entitlements in euros.

Act of the Management Board of Europol 99/C 26/08 [Official Journal C 26 of 30.01.1999]
Act of the Management Board of Europol of 1 October 1998 laying down its rules of procedure.
Act of the Management Board of Europol 99/C 26/09 [Official Journal C 26 of 30.01.1999]
Act of the Management Board of Europol of 15 October 1998 concerning the rights and obligations of liaison officers.
Act of the Management Board of Europol 99/C 26/10 [Official Journal C 26 of 30.01.1999]
Act of the Management Board of Europol of 15 October 1998 laying down the rules governing Europol's external relations with European Union-related bodies.

Council Act 99/C 25/01 [Official Journal C 25 of 30.01.1999]
Council Act of 18 January 1999 adopting the Financial Regulation applicable to the budget of Europol.
Repealed by Council Act 99/C 312/01 [Official Journal C 312 of 29.10.1999]
Council Act of 4 October 1999 adopting the Financial Regulation applicable to the budget of Europol.

Council Act 99/C 88/01 [Official Journal C 88 of 30.03.1999]
Council Act of 12 March 1999 adopting the rules governing the transmission of personal data by Europol to third States and third bodies.

Act of the joint Supervisory Body of Europol 99/C 149/01 [Official Journal C 149 of 28.05.1999]
Act No 1/99 of the joint Supervisory Body of Europol of 22 April 1999 laying down its rules of procedure.

Decision 99/C 149/02 [Official Journal C 149 of 28.05.1999]
Council Decision of 29 April 1999 extending Europol's mandate to deal with forgery of money and means of payment. Corrigendum published in Official Journal C 229, 12.08.1999

Council Act 99/C 149/03 [Official Journal C 149 of 28.05.1999]
Council Act of 29 April 1999 appointing the Director and Deputy Directors of Europol.

Communication 99/C 185/01 [Official Journal C 185 of 1.07.1999]
Communication concerning the taking up of activities of Europol.

Decision 99/C 364/01 [Official Journal C 364 of 17.12.1999]
Council Decision of 2 December 1999 adjusting the remuneration and allowances applicable to Europol employees.

Decision 2000/C 106/01 [Official Journal C 106 of 13.04.2000]
Council Decision of 27 March 2000 authorising the Director of Europol to enter into negotiations on agreements with third member States and non-EU related bodies.

Council Declarations [Official Journal C 106 of 13.04.2000]
Council declaration concerning the relations between Europol and third States and non-European Union-related bodies.
Council declaration concerning the priority to be given to third States and non-European Union-related bodies.

Council Decision C5-0090/1999 [Official Journal C 107 of 13.04.2000]
Council Decision adjusting the remuneration and allowances applicable to Europol employees.

Act of the Management Board of Europol 2001/C65/01 [Official Journal C 65 of 28.02.2001]
Act of the Management Board of Europol of 27 September 1999 laying down the rules on Europol personnel files.

Decision of the Management Board of Europol 2001/65/02 [Official Journal C 65 of 28.02.2001]
Decision of the Management Board of Europol of 16 November 1999 agreeing to the conditions and procedures laid down by Europol regarding taxes applicable to salaries and emoluments paid to Europol staff members for the benefit of Europol.

Decision of the Director of Europol 2001/65/03 [Official Journal C 65 of 28.02.2001]
Decision of the Director of Europol of 3 July 2000 adapting the amounts mentioned in the Europol Staff Regulations to the euro.

Decision of the Director of Europol 2001/65/04 [Official Journal C 65 of 28.02.2001]
Decision of the Director of Europol of 3 July 2000 adapting to the euro the amounts mentioned in the Annex to the Decision of the Management Board of Europol of 16 November 1999 with respect to taxes and the salary adjustment decided by the Council.

Annex to the Rules on the confidentiality of Europol information [Official Journal C 086 of 16.03.2001].

Council Act of 15 March 2001 amending the Staff Regulations applicable to Europol employees.
Council Decision of 15 March 2001 adjusting the basic salaries and allowances applicable to Europol staff [Official Journal C 112 of 12.04.2001].

Council act of 28 November 2002 drawing up a Protocol amending the Convention on the establishment of a European Police Office (Europol Convention) and the Protocol on the privileges and immunities of Europol, the members of its organs, the deputy directors and the employees of Europol [Official Journal C 312 of 16.12.2002].

5) FOLLOW-UP WORK

On 23 July 1996 the Council adopted an act drawing up, on the basis of Article K.3 of the Treaty on European Union, the Protocol on the interpretation, by way of preliminary rulings, by the Court of Justice of the European Communities of the Convention on the establishment of a European Police Office [Official Journal C 299 of 09.10.1996].
By a declaration made at the time of the signing of the Protocol, or even afterwards, Member States may accept the jurisdiction of the Court of Justice to give preliminary rulings on the interpretation of the Convention.
In their declaration Member States may specify that either:

• any court or tribunal against whose decisions there is no judicial remedy under national law may request the Court of Justice to give a preliminary ruling on a question raised before it and concerning the interpretation of the Convention;
• or any court or tribunal may request the interpretation of a question raised before it.

On 29 April 1999, the Council adopted a decision extending Europol's mandate to deal with forgery of money and means of payment [Official Journal C 149 of 28.05.1999].
The decision states that the terms "forgery of money" and "forgery of means of payment" will mean the acts defined in Article 3 of the Geneva Convention of 20 April 1929 on the Suppression of counterfeiting currency, which applies to both cash and other means of payment.
Europol's mandate will extend to these offences from the date it starts activities.

On 30 November 2000, the Council adopted an act drawing up, on the basis of Article 43(1) of the Convention on the establishment of a European Police Office (Europol Convention), a Protocol amending Article 2 and the Annex to that Convention [Official Journal C 358 of 13.12.2000].
This Act extends Europol's powers to money laundering in general, regardless of the type of offence from which the laundered proceeds originate.

On 17 October 2000, the Council adopted a Decision on the establishment of 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/JAI - Official Journal L 271 of 24.10.2000].

On 30 November 2000, the Council adopted a recommendation to Member States in respect of Europol's assistance to joint investigative teams set up by the Member States. In this document, the Council describes how Europol can assist joint investigative teams and recommends that the Member States make full use of these possibilities.