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Europol: European Police Office
| This Council Act establishes the European Police Office (Europol). The objective of Europol is to improve police cooperation between the Member States in order to combat terrorism, unlawful drug trafficking and other serious forms of international organised crime. The Member States are setting up national units to liaise between Europol and the national authorities responsible for fighting crime. |
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ACT
Council Act of 26 July 1995 drawing up the Convention on the establishment of a European Police Office (Europol Convention) [ See amending acts ]
SUMMARY
This Act sets up a European Police Office , known as Europol and established in The Hague, Netherlands. Europol has legal personality and its objective is to improve the effectiveness of, and cooperation between, the competent authorities in the Member States in preventing and combating international organised crime.
Strengthening cooperation between the Member States: Europol's role
Unlike the police services of the Member States, Europol does not have executive powers. It cannot detain individuals; nor can it conduct home searches. Its task is to facilitate the exchange of information, analyse it and coordinate operations involving several Member States.
As part of police cooperation between the Member States, Europol:
- facilitates the exchange of information between the Member States;
- collates and analyses information and intelligence;
- notifies the competent authorities of the Member States without delay via the national units of information concerning them and informs them of any connections identified between criminal offences;
- aids investigations in the Member States;
- maintains a computerised system of information collected;
- helps Member States train members of their competent authorities;
- facilitates technical assistance between Member States;
- serves as the contact point for combating euro counterfeiting .
Europol takes action when one or two Member States are affected by serious international organised crime. This covers an increasing number of areas, namely:
- preventing and combating terrorism;
- drug trafficking;
- trade in human beings;
- illegal immigrant smuggling;
- trafficking in nuclear and radioactive substances;
- motor vehicle crime;
- counterfeiting and forgery of means of payment;
- money laundering (except for predicate offences).
Europol's sphere of competence includes offences involving the types of crime indicated above.
Setting up a single contact point in the Member States: the national units
Each Member State establishes or designates a Europol national unit (ENU). This unit is the only liaison body between Europol and the competent national authorities. It sends one or more liaison officer(s) to Europol whose task is to represent the unit's interests within Europol. The heads of the national units meet on a regular basis.
Each national unit's duties include:
- supplying Europol with the information and intelligence necessary for it to carry out its tasks, and in particular providing input for Europol's database;
- replying to and issuing requests for information to Europol;
- disseminating the information provided by Europol to the competent authorities.
ENUs are Europol's only point of entry into the Member States; however, the amendments made to the Europol Convention by the November 2003 Protocol will enable direct contact between their competent authorities and Europol, on condition that the ENU is informed at the same time.
Administering and funding Europol
Europol is constituted and administered by a number of bodies, namely:
- the Management Board, comprising one representative of each Member State and of the Commission, which has observer status. The Management Board's duties include helping to determine Europol's priorities, unanimously determining the rights and obligations of liaison officers, laying down data-processing rules, preparing rules for work files, and examining problems brought to its attention by the joint supervisory body. The Board meets at least twice a year. Each year it unanimously adopts a report on Europol's activities and a report on its future activities taking into account the Member States' operational requirements and the budgetary implications for Europol. These reports are submitted to the Council of the European Union (EU) for approval. The European Parliament is informed. The Management Board is chaired by the representative of the Member State holding the Presidency of the Council;
- the Director, appointed by the Council of the European Union, acting unanimously, after obtaining the opinion of the Management Board, for a four-year period renewable once. He is assisted by three Deputy Directors appointed by the Council of the European Union for a four-year period renewable once. Their tasks are determined by the Director. The Director's responsibilities include performance of the tasks assigned to Europol, day-to-day administration, and personnel management. The Director is accountable to the Management Board and is Europol's legal representative;
- the Financial Controller, appointed by the Management Board, acting unanimously, and accountable to it;
- the Financial Committee, consisting of one representative from each Member State.
Europol is financed from Member States' contributions. 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 draft budget and budget implementation are examined by the Council of the European Union.
Compiling information: the IT database
To perform its tasks, Europol maintains an IT database. Under no circumstances may this database be linked to other automated processing systems, except for the systems of the national units. The national units are responsible for security measures concerning data-processing equipment and for carrying out checks on the storage and deletion of data files. The system is made up of three components: the IT information system, work files and index system.
The information system may be used to store, modify and utilise only such data as are necessary for the performance of Europol's tasks. The system does not contain data on related criminal offences. The data concern persons who, under the national law of a Member State, are suspected of having committed or having taken part in a criminal offence for which Europol is competent or who have been convicted of such an offence. The system also contains data concerning persons where there are serious grounds under national law for believing will commit criminal offences for which Europol is competent.
Personal data may include only the following details:
- surname, given names and any alias or assumed name;
- date and place of birth;
- nationality;
- sex;
- other characteristics likely to assist in identification, such as any specific objective physical characteristics not subject to change.
The information system also includes the following details:
- criminal offences, alleged crimes and where and when they were committed;
- means which were or may have been used to commit the crimes;
- the departments handling the case and their file references;
- suspected membership of a criminal organization;
- convictions relating to criminal offences for which Europol is competent;
- references to Europol or the inputting national unit.
Access to the information system is available to the national units, liaison officers, the Director and Deputy Directors and duly authorised Europol officials. The competent authorities designated by the Member States have limited access to the information system. Further information may be obtained only via the national unit. Only the unit which entered the data may modify, correct or delete them.
Europol may store, modify, and utilise in other files (work files) data on the criminal offences for which it is competent, including data on related criminal offences. Files opened for the purposes of analysis with the aim of helping a criminal investigation concern the following subjects:
- persons who, under the national law of a Member State, are suspected of having committed or having taken part in a criminal offence for which Europol is competent or who have been convicted of such an offence;
- persons who there are serious grounds under national law for believing will commit criminal offences for which Europol is competent;
- persons called on to testify in investigations in connection with offences or criminal proceedings;
- victims of one of the offences under consideration or persons who could be victims of such offences;
- contacts and associates,
- persons who can provide information on the offences under consideration.
All IT databases containing personal data must indicate:
- the file's purpose and name;
- the nature of the data to be stored;
- the time limits for examining the data, duration of storage, etc.
Each analysis project entails setting up an analysis group comprising analysts and other Europol officials, and liaison officials and/or experts from the Member States. Only analysts are authorised to input data into work files, but all participants may retrieve data from them. The collection, storage and processing of data takes place in strict compliance with the arrangements for protecting individuals with regard to automatic processing of personal data.
Data may not be kept on file for more than three years. However, before that deadline expires, Europol checks that it is necessary to keep the data for the purposes of the file concerned. The Europol Director may, where appropriate, decide to keep data for a further three-year period.
Europol sets up an index system for data stored in work files. The Director, Deputy Directors, duly authorised officials of Europol and liaison officers are entitled to consult the index system.
Data protection: processing arrangements
Europol passes on to the national units, and also to their liaison officers if the national units so request, any information concerning their Member State The Member States ensure a standard of data protection under their national legislation which at least corresponds to that resulting from the Council of Europe Convention of 28 January 1981 . Each Member State must ensure that the data it transmits to Europol are legal, accurate and up to date and check the storage time limits. Europol is responsible for data transmitted to it by third parties or resulting from analyses which it has carried out.
Individuals wishing to access data relating to them which have been stored at Europol may make a request to that effect free of charge to the national competent authority in the Member State of their choice. The competent authority refers the matter to Europol and informs the enquirer that Europol will reply to them direct. Requests must be fully dealt with by Europol within three months of receipt by the national authority. The right of individuals to access their data or to have such data checked must be exercised in accordance with the law of the Member State where the request was made. Europol may refuse to provide data where necessary to:
- enable it to perform its tasks properly;
- protect security and public order in the Member States;
- prevent crime;
- protect the rights and freedoms of third parties.
Individuals have the right to ask Europol to correct or delete incorrect data concerning them. If data that are incorrect or contravene this Convention have been passed directly to Europol by a Member State, it must correct or delete them in collaboration with Europol. Europol informs requesters that the data concerning them have been corrected or deleted. If they are not satisfied with Europol's reply or have received no reply within three months, they may refer the matter to the joint supervisory body. This independent body monitors Europol's activities to ensure that the rights of individuals are not violated by the storage, processing or utilisation of the data in its possession.
In addition to the joint supervisory body, each Member State designates a national supervisory body to ensure that personal data are input, retrieved and transmitted to Europol in accordance with national law. This body also ensures that the rights of the individuals concerned are not affected. Individuals have the right to ask the national body to check that the data concerning them were input, transmitted and consulted in accordance with the law. This right is exercised in accordance with the national law of the Member State to which the national supervisory body belongs.
Each Member State is liable for any damage caused to individuals as a result of legal or factual errors in data stored or processed at Europol. Only the Member State in which the event that gave rise to the damage occurred may be the subject of an action for compensation on the part of the injured party, who must apply to the courts with jurisdiction under the national law of the Member State involved.
Ensuring that action is effective: cooperation with the European institutions, international institutions and third countries
On the basis of an act of its Management Board [Official Journal C 26 of 30 January 1999], Europol, through its International Relations - Cooperation agreements , has concluded agreements with the following EU bodies:
- the European Central Bank (ECB);
- Eurojust;
- the European Commission;
- the European Monitoring Centre for Drugs and Drug Addiction;
- the European Anti-Fraud Office (OLAF).
This Convention allows Europol to conclude strategic or operational cooperation agreements (only operational agreements provide for transmission of personal data) with third countries and international organisations.
Background
The Member States have ratified this Convention in accordance with their respective constitutional arrangements. Following the Convention's entry into force, various measures were taken to enable the European Police Office to be established. These concern the rights and obligations of liaison officers, rules for data files, the rules of procedure of the joint supervisory body, the staff regulations, rules on confidentiality, the financial regulation, the headquarters agreement, the protocol on privileges and immunities, and the agreements on the privileges and immunities applicable to liaison officers. Europol started operations on 1 July 1999, when it replaced the Europol Drugs Unit (EDU), which had been set up on a provisional basis in 1995.
This Convention is open to accession by any state that becomes a member of the European Union. Reservations are not permissible.
Two protocols to the Convention were adopted by the Council in November 2002 and November 2003. They have given Europol new powers to assist the Member States, including: coordinating joint investigation teams , requesting investigations, allowing third countries (with which Europol has concluded operational agreements) to take part in analysis groups, etc.
REFERENCES
| Act | Entry into force - Date of expiry | Deadline for transposition in the Member States | Official Journal |
|---|---|---|---|
| Council Act of 26 July 1995 | 26.07.2005 | - | OJ C 316 of 27.11.1995. |
| Convention based on Article K.3d of the Treaty on European Union on the establishment of a European Police Office (Europol Convention) | - | - | OJ C 316 of 27.11.1995. |
| Amending act(s) | Entry into force | Deadline for transposition in the Member States | Official Journal |
|---|---|---|---|
| Council Decision of 12 July 2005 (protection of the euro) | 16.07.2005 | - | OJ L 185 of 16.07.2005. |
| Council Act of 27 November 2003 (protocol) | 18.4.2007 | - | OJ C 2 of 06.01.2004. |
| Council Act of 28 November 2002 (protocol on joint investigation teams) | 29.3.2007 | - | OJ C 312 of 16.12.2002. |
| Council Decision of 6 December 2001 (mandate to combat serious international crime) | 1.1.2002 | - | OJ C 362 of 18.12.2001. |
| Council Act of 30 November 2000 (money laundering) | 29.3.2007 | - | OJ C 358 of 13.12.2000. |
| Council Decision of 29 April 1999 (forgery of money and means of payment) | 30.04.1999 | - | OJ C 149 of 28.05.1999. |
| Council Decision of 3 December 1998 (trafficking in human beings) | 01.01.1999 | - | OJ C 26 of 30.01.1999. |
| Council Decision of 3 December 1998 (terrorism) | 01.01.1999 | - | OJ C 26 of 30.01.1999. |
RELATED ACTS
Europol staff
Council Act 99/C 26/07 [Official Journal C 26 of 30 January 1999].
Council Act of 3 December 1998 laying down the staff regulations applicable to Europol employees.
Amended by:
Council Decision 99/C 364/02 [Official Journal C 364 of 17 December 1999].
Council Decision C5-0089/1999 [Official Journal C 107, 13 April 2000].
Council Act of 15 March 2001 [Official Journal C 112 of 12 April 2001].
Council Act of 19 December 2002 [Official Journal C 24 of 31 January 2003].
Council Decision of 05 June 2003 [Official Journal C 152 of 28 June 2003].
Council Decision of 29 April 2004 [Official Journal C 114 of 30 April 2004].
Council Decision of 4 December 2006 amending Europol's Staff Regulations [Official Journal C 311 of 19.12.2006].
Act of the Management Board of Europol 99/C 26/07 [Official Journal C 26 of 30 January 1999].
Act of the Management Board of Europol of 15 October 1998 concerning the rights and obligations of liaison officers.
Data processing
Council Act 99/C 26/01 [Official Journal C 26 of 30 January 1999].
Council Act of 3 November 1998 adopting rules applicable to Europol analysis files.
Council Act 99/C 26/02 [Official Journal C 26 of 30 January 1999].
Council Act of 3 November 1998 adopting rules on the confidentiality of Europol information.
Amended by:
Council Act of 05 June 2003 [Official Journal C 152 of 28 June 2003].
Council Act 99/C 26/07 [Official Journal C 26 of 30 January 1999].
Council Act of 3 November 1998 laying down rules concerning the receipt of information by Europol from third parties.
External relations:
Decision 2000/C 106/01 [Official Journal C 106 of 13 April 2000].
Council Decision of 27 March 2000 authorising the Director of Europol to enter into negotiations on agreements with third States and non-EU bodies
Amended by:
Council Decision of 06 December 2001 [Official Journal C 358 of 15 December 2001].
Council Decision of 13 June 2002 [Official Journal C 150 of 22 June 2002].
Council Decision 2004/773/EC of 25 October 2004 [Official Journal L 342 of 18 November 2004].
Council Decision of 02 December 2004 [Official Journal C 317 of 22 June 2004].
Council Decision 2005/169/EC of 24 February 2005 [Official Journal L 56 of 02 March 2005].
Council Decision of 4 December 2006 [Official Journal 311 of 19.12.2006].
Council Decision 2007/117/EC of 15 February 2007 [Official Journal L 51 of 20.2.2007].
Council Declarations - [Official Journal C 106 of 13 April 2000].
Council Declaration concerning the relations between Europol and third States and non-EU related bodies.
Council Declaration concerning the priority to be given to third States and non-EU related bodies.
Council Act 99/C 26/07 [Official Journal C 26 of 30 January 1999].
Council Act of 3 November 1998 laying down rules governing Europol's external relations with third States and non-EU related bodies
Act of the Management Board of Europol 99/C 26/07 [Official Journal C 26 of 30 January 1999].
Act of the Management Board of Europol of 15 October 1998 laying down the rules governing Europol's external relations with EU-related bodies
Financial Regulation
Council Act 99/C 312/01 [Official Journal C 312 of 29 October 1999].
Council Act of 04 October 1999 adopting the Financial Regulation applicable to the budget of Europol.
Amended by:
Council Act of 29 April 2004 amending the Financial Regulation applicable to the budget of Europol [Official Journal C 114 of 30 April 2004]
This act amends the Financial Regulation of 4 October 1999.
For further information please consult:
- the Europol website and the information sheets on Europol on the website;
- data protection by Community institutions and bodies and personal data protection .
Last updated: 16.5.2007