Europol Act, 1997

Europol Act, 1997 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1997 Europol Act, 1997 Europol Act, 1997 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 38 of 1997 EUROPOL ACT, 1997 ARRANGEMENT OF SECTIONS Section 1. Interpretation. 2. Convention and Protocols to have force of law. 3. National unit. 4. Liaison officers. 5. Amendment of Garda Síochána Act, 1989. 6. Application of Data Protection Act, 1988. 7. Designation of national supervisory body. 8. Status of Europol. 9. Application of Official Secrets Act, 1963. 10. Interpretation of Convention. 11. Regulations. 12. Laying of orders and regulations before Houses of Oireachtas. 13. Expenses. 14. Short title and commencement. FIRST SCHEDULE THE TEXT IN THE ENGLISH LANGUAGE OF THE CONVENTION SECOND SCHEDULE THE TEXT IN THE ENGLISH LANGUAGE OF THE 1996 PROTOCOL THIRD SCHEDULE THE TEXT IN THE ENGLISH LANGUAGE OF THE 1997 PROTOCOL FOURTH SCHEDULE THE TEXT IN THE IRISH LANGUAGE OF THE CONVENTION FIFTH SCHEDULE THE TEXT IN THE IRISH LANGUAGE OF THE 1996 PROTOCOL SIXTH SCHEDULE THE TEXT IN THE IRISH LANGUAGE OF THE 1997 PROTOCOL Acts Referred to Data Protection Act, 1988 1988, No. 25 Garda Síochána Act, 1989 1989, No. 1 Official Secrets Act, 1963 1963, No. 1 Number 38 of 1997 EUROPOL ACT, 1997 AN ACT TO GIVE THE FORCE OF LAW TO THE CONVENTION ON THE ESTABLISHMENT OF A EUROPEAN POLICE OFFICE AND TO PROVIDE FOR RELATED MATTERS. [24th November, 1997] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: Interpretation. 1.—(1) In this Act unless the context otherwise requires— “the Commissioner” means the Commissioner of the Garda Síochána; “the Convention” means the Convention based on Article K.3 of the Treaty on European Union, on the establishment of a European Police Office (Europol Convention) and the Annex thereto, done at Brussels on the 26th day of July, 1995; “national unit” has the meaning assigned to it by section 3 (1); “the Minister” means the Minister for Justice, Equality and Law Reform; “the 1996 Protocol” means the Protocol drawn up on the basis of Article K.3 of the Treaty on European Union, 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 done at Brussels on the 24th day of July, 1996; “the 1997 Protocol” means the Protocol drawn up, on the basis of Article K.3 of the Treaty on European Union and Article 41(3) of the Europol Convention, on the privileges and immunities of Europol, the members of its organs, the deputy directors and employees of Europol done at Brussels on the 19th day of June, 1997. (2) In this Act— (a) a reference to a section or a Schedule is a reference to a section of or Schedule to this Act unless it is indicated that reference to some other enactment is intended, (b) a reference to a subsection or paragraph is a reference to a subsection or paragraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended, and (c) a reference to any enactment shall be construed as a reference to that enactment as amended or extended by or under any enactment including this Act. Convention and Protocols to have force of law. 2.—(1) Subject to the provisions of this Act, the Convention, the 1996 Protocol and the 1997 Protocol shall have the force of law in the State and judicial notice shall be taken of them. (2) For convenience of reference, there are set out in the First, Second, Third, Fourth, Fifth and Sixth Schedules respectively— (a) the text in the English language of the Convention, (b) the text in the English language of the 1996 Protocol, (c) the text in the English language of the 1997 Protocol, (d) the text in the Irish language of the Convention, (e) the text in the Irish language of the 1996 Protocol, and (f) the text in the Irish language of the 1997 Protocol. National unit. 3.—(1) For the purposes of this Act and the Convention, the Minister, following consultation with the Commissioner, shall by order designate a unit within the Garda Síochána, to be known as the “national unit”. (2) The national unit shall operate under the control and general superintendence of the Commissioner. (3) The Commissioner may assign such and so many members of the Garda Síochána to be members of the national unit as the Commissioner from time to time thinks fit. (4) The Commissioner shall assign the management of the national unit to a member of the Garda Síochána not below the rank of Chief Superintendent and the member so assigned shall be known as the “Head of the national unit”. (5) The Commissioner may assign other duties to the Head of the national unit during his or her assignment as such. (6) (a) The Minister, after consultation with the Commissioner, the Minister for Finance and any other Minister of the Government as the Minister considers appropriate in the circumstances and, in relation to officers of customs and excise, with the Revenue Commissioners, may, from time to time, appoint such and so many persons who are not members of the Garda Síochána to be members of the national unit. (b) The appointment of persons under paragraph (a) shall be on such conditions as may be agreed with the Minister for Finance. (7) A member of the Garda Síochána or an officer of customs and excise, who is a member of the national unit, notwithstanding his or her appointment as such, shall continue to be vested with and may exercise or perform the powers or duties of a member of the Garda Síochána or an officer of customs and excise as may be appropriate, for purposes other than the purposes of this Act, as well as for the purposes of this Act. (8) Unless the context otherwise requires or the Minister by order otherwise provides, the references in the Convention to a Member State (whether specific or general) shall, in so far as those references apply to the State, be construed and have effect as if they were references to the national unit. (9) The Minister may by order amend or revoke an order under subsection (1) or (8) (including an order under this subsection). Liaison officers. 4.—(1) Subject to subsection (2) and the Convention, there shall be sent as a liaison officer with Europol one or more than one member of the national unit as the Commissioner may, for the purposes of this Act and the Convention, determine. (2) A member of the national unit, other than a member of the Garda Síochána, shall be sent as a liaison officer with Europol only after consultation with the Minister, and— (a) in the case where the member to be sent is an officer of customs and excise, on the nomination of the Revenue Commissioners, or (b) in the case of any other member (not being a member of the Garda Síochána or an officer of customs and excise) on the nomination of such other Minister of the Government (if any) as the Minister considers appropriate in the circumstances. Amendment of Garda Síochána Act, 1989. 5.—The Garda Síochána Act, 1989, is hereby amended— (a) in section 3, by the substitution of the following subsection for subsection (2): “(2) Notwithstanding anything contained in the Acts, a member of the Garda Síochána to whom this section for the time being applies shall be liable to serve outside the State— (a) with a contingent of the Garda Síochána which is despatched for service with an International United Nations Force, or (b) as a liaison officer with Europol.”, and (b) in section 4, by the substitution of the following subsection for subsection (1): “(1) The Minister may by regulations, made with the consent of the Minister for Health and Children, provide for the keeping of a record of— (a) the death of a member of the Garda Síochána, (b) the death of the spouse or any of such other members of the family of a member of the Garda Síochána as may be specified in the regulations, and (c) the birth of a child of a member of the Garda Síochána, occurring outside the State while the member of the Garda Síochána is serving outside the State with an International United Nations Force or as a liaison officer with Europol and, as respects a death referred to in paragraph (b) of this subsection or a birth, in such circumstances as may be specified in the regulations.”. Application of Data Protection Act, 1988. 6.—(1) For the purposes of this Act and the Convention, the Data Protection Act, 1988 , shall apply and have effect with any necessary modifications to the collection, processing, keeping, use or disclosure of certain information relating to individuals that is processed automatically. (2) For the purposes of the application of the Convention to the State, references to “national competent authority” in Article 19.1 of the Convention and “national authorities concerned” in Article 19.5 of the Convention shall be construed as references to the Data Protection Commissioner. (3) For the purposes of Article 38 of the Convention, section 7 of the Data Protection Act, 1988 , shall apply as regards the liability of the State for any damage caused to an individual as a result of legal or factual errors in data stored or processed at Europol as it applies to the collection of or dealing with personal data (within the meaning of that Act). Designation of national supervisory body. 7.—The Data Protection Commissioner is hereby designated as the national supervisory body for the purposes of this Act and the Convention. Status of Europol. 8.—Europol shall have the legal capacity of a body corporate and power to sue and be sued in its corporate name and to acquire, hold and dispose of property. Application of Official Secrets Act, 1963. 9.—(1) Any facts or information which come to the knowledge of the Director or Financial Controller of Europol or members of the Management Board or the Financial Committee, the Deputy Directors of Europol, employees of Europol or liaison officers with Europol as well as any other person under a particular obligation of discretion or confidentiality under this Act or the Convention shall be deemed to be official information within the meaning of official information in the Official Secrets Act, 1963 , and the provisions of that Act shall apply accordingly to such facts or information. (2) For the purposes of this section, “duly authorised” in section 4 of the Official Secrets Act, 1963 , includes being authorised by the Director of Europol or, as the case may be, the Management Board of Europol. (3) The application of the Official Secrets Act, 1963 , to any facts or information referred to in subsection (1) does not include facts or information too insignificant to require confidentiality. Interpretation of Convention. 10.—(1) For the purposes of Article 2 of the 1996 Protocol, paragraph 2(a) of that Article shall apply in the State. (2) Judicial notice shall be taken of any ruling or decision of, or expression of opinion by, the Court of Justice of the European Communities on any question as to the meaning or effect of any provision of the Convention. Regulations. 11.—The Minister may from time to time make such regulations as appear to him or her to be necessary or expedient for carrying out the Convention and for giving effect thereto or to any of the provisions thereof. Laying of orders and regulations before Houses of Oireachtas. 12.—Every order and regulation made by the Minister under section 3 , 11 or 14 shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling the order or regulation is passed by either House within the next subsequent 21 days on which that House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder. Expenses. 13.—The expenses incurred in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas. Short title and commencement. 14.—(1) This Act may be cited as the Europol Act, 1997. (2) This Act shall come into operation on such day or days as the Minister may fix by order either generally or with reference to any particular purpose or provision. FIRST SCHEDULE THE TEXT IN THE ENGLISH LANGUAGE OF THE CONVENTION Section 2 . CONVENTION based on Article K.3 of the Treaty on European Union, on the establishment of a European Police Office (Europol Convention) THE HIGH CONTRACTING PARTIES to the present Convention, Member States of the European Union, REFERRING to the Council Act of 26 July 1995; AWARE of the urgent problems arising from terrorism, unlawful drug trafficking and other serious forms of international crime; WHEREAS there is a need for progress in solidarity and cooperation between the Member States of the European Union, particularly through an improvement in police cooperation between the Member States; WHEREAS such progress should enable the protection of security and public order to be further improved; WHEREAS the establishment of a European Police Office (Europol) was agreed in the Treaty on European Union of 7 February 1992; IN VIEW of the decision of the European Council of 29 October 1993 that Europol should be established in the Netherlands and have its seat in The Hague; MINDFUL of the common objective of improving police cooperation in the field of terrorism, unlawful drug trafficking and other serious forms of international crime through a constant, confidential and intensive exchange of information between Europol and Member States' national units; ON THE UNDERSTANDING that the forms of cooperation laid down in this Convention should not affect other forms of bilateral or multilateral cooperation; CONVINCED that in the field of police cooperation, particular attention must be paid to the protection of the rights of individuals, and in particular to the protection of their personal data; WHEREAS the activities of Europol under this Convention are without prejudice to the powers of the European Communities; whereas Europol and the Communities have a mutual interest, in the framework of the European Union, in establishing types of cooperation enabling each of them to perform their respective tasks as effectively as possible, HAVE AGREED AS FOLLOWS: CONTENTS Page TITLE I ESTABLISHMENT AND TASKS 9 Article 1 Establishment 9 Article 2 Objective 10 Article 3 Tasks 11 Article 4 National units 12 Article 5 Liaison officers 13 Article 6 Computerized system of collected information 14 TITLE II INFORMATION SYSTEM 14 Article 7 Establishment of the information system 14 Article 8 Content of the information system 15 Article 9 Right of access to the information system 16 TITLE III WORK FILES FOR THE PURPOSES OF ANALYSIS 16 Article 10 Collection, processing and utilization of personal data 16 Article 11 Index system 19 Article 12 Order opening a data file 20 TITLE IV COMMON PROVISIONS ON INFORMATION PROCESSING 20 Article 13 Duty to notify 20 Article 14 Standard of data protection 21 Article 15 Responsibility in data protection matters 21 Article 16 Provisions on drawing up reports 22 Article 17 Rules on the use of data 22 Article 18 Communication of data to third States and third bodies 22 Article 19 Right of access 24 Article 20 Correction and deletion of data 26 Article 21 Time limits for the storage and deletion of data files 26 Article 22 Correction and storage of data in paper files 27 Article 23 National supervisory body 27 Article 24 Joint supervisory body 28 Article 25 Data security 29 TITLE V LEGAL STATUS, ORGANIZATION AND FINANCIAL PROVISIONS 30 Article 26 Legal capacity 30 Article 27 Organs of Europol 30 Article 28 Management Board 31 Article 29 Director 33 Article 30 Staff 33 Article 31 Confidentiality 34 Article 32 Obligation of discretion and confidentiality 34 Article 33 Languages 35 Article 34 Informing the European Parliament 36 Article 35 Budget 36 Article 36 Auditing 37 Article 37 Headquarters agreement 38 TITLE VI LIABILITY AND LEGAL PROTECTION 38 Article 38 Liability for unauthorized or incorrect data processing 38 Article 39 Other liability 38 Article 40 Settlement of disputes 39 Article 41 Privileges and immunities 39 TITLE VII FINAL PROVISIONS 40 Article 42 Relations with third States and third bodies 40 Article 43 Amendment of the Convention 40 Article 44 Reservations 40 Article 45 Entry into force of the Convention 41 Article 46 Accession by new Member States 41 Article 47 Depositary 42 Annex referred to in Article 2 42 TITLE I ESTABLISHMENT AND TASKS Article 1 Establishment 1. The Member States of the European Union, hereinafter referred to as ‘Member States’, hereby establish a European Police Office, hereinafter referred to as ‘Europol’. 2. Europol shall liaise with a single national unit in each Member State, to be established or designated in accordance with Article 4. Article 2 Objective 1. The objective of Europol shall be, within the framework of cooperation between the Member States pursuant to Article K.1 (9) of the Treaty on European Union, to improve, by means of the measures referred to in this Convention, the effectiveness and cooperation of the competent authorities in the Member States in preventing and combating terrorism, unlawful drug trafficking and other serious forms of international crime where there are factual indications that an organized criminal structure is involved and two or more Member States are affected by the forms of crime in question in such a way as to require a common approach by the Member States owing to the scale, significance and consequences of the offences concerned. 2. In order to achieve progressively the objective mentioned in paragraph 1, Europol shall initially act to prevent and combat unlawful drug trafficking, trafficking in nuclear and radioactive substances, illegal immigrant smuggling, trade in human beings and motor vehicle crime. Within two years at the latest following the entry into force of this Convention, Europol shall also deal with crimes committed or likely to be committed in the course of terrorist activities against life, limb, personal freedom or property. The Council, acting unanimously in accordance with the procedure laid down in Title VI of the Treaty on European Union, may decide to instruct Europol to deal with such terrorist activities before that period has expired. The Council, acting unanimously in accordance with the procedure laid down in Title VI of the Treaty on European Union, may decide to instruct Europol to deal with other forms of crime listed in the Annex to this Convention or specific manifestations thereof. Before acting, the Council shall instruct the Management Board to prepare its decision and in particular to set out the budgetary and staffing implications for Europol. 3. Europol's competence as regards a form of crime or specific manifestations thereof shall cover both: (1) illegal money-laundering activities in connection with these forms of crime or specific manifestations thereof; (2) related criminal offences. The following shall be regarded as related and shall be taken into account in accordance with the procedures set out in Articles 8 and 10: — criminal offences committed in order to procure the means for perpetrating acts within the sphere of competence of Europol, — criminal offences committed in order to facilitate or carry out acts within the sphere of competence of Europol, — criminal offences committed to ensure the impunity of acts within the sphere of competence of Europol. 4. For the purposes of this Convention, ‘competent authorities’ means all public bodies existing in the Member States which are responsible under national law for preventing and combating criminal offences. 5. For the purposes of paragraphs 1 and 2, ‘unlawful drug trafficking’ means the criminal offences listed in Article 3 (1) of the United Nations Convention of 20 December 1988 against Illicit Traffic in Narcotic Drugs and Psychotropic Substances and in the provisions amending or replacing that Convention. Article 3 Tasks 1. In the framework of its objective pursuant to Article 2 (1), Europol shall have the following principal tasks: (1) to facilitate the exchange of information between the Member States; (2) to obtain, collate and analyse information and intelligence; (3) to notify the competent authorities of the Member States without delay via the national units referred to in Article 4 of information concerning them and of any connections identified between criminal offences; (4) to aid investigations in the Member States by forwarding all relevant information to the national units; (5) to maintain a computerized system of collected information containing data in accordance with Articles 8, 10 and 11. 2. In order to improve the cooperation and effectiveness of the competent authorities in the Member States through the national units with a view to fulfilling the objective set out in Article 2 (1), Europol shall furthermore have the following additional tasks: (1) to develop specialist knowledge of the investigative procedures of the competent authorities in the Member States and to provide advice on investigations; (2) to provide strategic intelligence to assist with and promote the efficient and effective use of the resources available at national level for operational activities; (3) to prepare general situation reports. 3. In the context of its objective under Article 2 (1) Europol may, in addition, in accordance with its staffing and the budgetary resources at its disposal and within the limits set by the Management Board, assist Member States through advice and research in the following areas: (1) training of members of their competent authorities; (2) organization and equipment of those authorities; (3) crime prevention methods; (4) technical and forensic police methods and investigative procedures. Article 4 National units 1. Each Member State shall establish or designate a national unit to carry out the tasks listed in this Article. 2. The national unit shall be the only liaison body between Europol and the competent national authorities. Relationships between the national unit and the competent authorities shall be governed by national law, and, in particular the relevant national constitutional requirements. 3. Member States shall take the necessary measures to ensure that the national units are able to fulfil their tasks and, in particular, have access to relevant national data. 4. It shall be the task of the national units to: (1) supply Europol on their own initiative with the information and intelligence necessary for it to carry out its tasks; (2) respond to Europol's requests for information, intelligence and advice; (3) keep information and intelligence up to date; (4) evaluate information and intelligence in accordance with national law for the competent authorities and transmit this material to them; (5) issue requests for advice, information, intelligence and analysis to Europol; (6) supply Europol with information for storage in the computerized system; (7) ensure compliance with the law in every exchange of information between themselves and Europol. 5. Without prejudice to the exercise of the responsibilities incumbent upon Member States as set out in Article K.2 (2) of the Treaty on European Union, a national unit shall not be obliged in a particular case to supply the information and intelligence provided for in paragraph 4, points 1, 2 and 6 and in Articles 7 and 10 if this would mean: (1) harming essential national security interests; or (2) jeopardizing the success of a current investigation or the safety of individuals; (3) involving information pertaining to organizations or specific intelligence activities in the field of State security. 6. The costs incurred by the national units for communications with Europol shall be borne by the Member States and, apart from the costs of connection, shall not be charged to Europol. 7. The Heads of national units shall meet as necessary to assist Europol by giving advice. Article 5 Liaison officers 1. Each national unit shall second at least one liaison officer to Europol. The number of liaison officers who may be sent by Member States to Europol shall be laid down by unanimous decision of the Management Board; the decision may be altered at any time by unanimous decision of the Management Board. Except as otherwise stipulated in specific provisions of this Convention, liaison officers shall be subject to the national law of the seconding Member State. 2. The liaison officers shall be instructed by their national units to represent the interests of the latter within Europol in accordance with the national law of the seconding Member State and in compliance with the provisions applicable to the administration of Europol. 3. Without prejudice to Article 4 (4) and (5), the liaison officers shall, within the framework of the objective laid down in Article 2 (1), assist in the exchange of information between the national units which have seconded them and Europol, in particular by: (1) providing Europol with information from the seconding national unit; (2) forwarding information from Europol to the seconding national unit; and (3) cooperating with the officials of Europol by providing information and giving advice as regards analysis of the information concerning the seconding Member State. 4. At the same time, the liaison officers shall assist in the exchange of information from their national units and the coordination of the resulting measures in accordance with their national law and within the framework of the objective laid down in Article 2 (1). 5. To the extent necessary for the performance of the tasks under paragraph 3 above, the liaison officers shall have the right to consult the various files in accordance with the appropriate provisions specified in the relevant Articles. 6. Article 25 shall apply mutatis mutandis to the activity of the liaison officers. 7. Without prejudice to the other provisions of this Convention, the rights and obligations of liaison officers in relation to Europol shall be determined unanimously by the Management Board. 8. Liaison officers shall enjoy the privileges and immunities necessary for the performance of their tasks in accordance with Article 41 (2). 9. Europol shall provide Member States free of charge with the necessary premises in the Europol building for the activity of their liaison officers. All other costs which arise in connection with seconding liaison officers shall be borne by the seconding Member State; this shall also apply to the costs of equipment for liaison officers, to the extent that the Management Board does not unanimously recommend otherwise in a specific case when drawing up the budget of Europol. Article 6 Computerized system of collected information 1. Europol shall maintain a computerized system of collected information consisting of the following components: (1) an information system as referred to in Article 7 with a restricted and precisely defined content which allows rapid reference to the information available to the Member States and Europol; (2) work files as referred to in Article 10 established for variable periods of time for the purposes of analysis and containing comprehensive information; and (3) an index system containing certain particulars from the analysis files referred to in point 2, in accordance with the arrangements laid down in Article 11. 2. The computerized system of collected information operated by Europol must under no circumstances be linked to other automated processing systems, except for the automated processing systems of the national units. TITLE II INFORMATION SYSTEM Article 7 Establishment of the information system 1. In order to perform its tasks, Europol shall establish and maintain a computerized information system. The information system, into which Member States, represented by their national units and liaison officers, may directly input data in compliance with their national procedures, and into which Europol may directly input data supplied by third States and third bodies and analysis data, shall be directly accessible for consultation 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 8 (1), point 2 shall be restricted solely to the details of identity listed in Article 8 (2). If needed for a specific enquiry, the full range of data shall be accessible them via the liaison officers. 2. Europol shall: (1) have the task of ensuring compliance with the provisions governing cooperation on and operation of the information system, and (2) be responsible for the proper working of the information system in technical and operational respects. Europol shall in particular take all necessary measures to ensure that the measures referred to in Articles 21 and 25 regarding the information system are properly implemented. 3. The national unit in each Member State shall be responsible for communication with the information system. It shall, in particular, be responsible for the security measures referred to in Article 25 in respect of the data-processing equipment used within the territory of the Member State in question, for the review in accordance with Article 21 and, in so far as required under the laws, regulations, administrative provisions and procedures of that Member State, for the proper implementation of this Convention in other respects. Article 8 Content of the information system 1. The information system may be used to store, modify and utilize only the data necessary for the performance of Europol's tasks, with the exception of data concerning related criminal offences as referred to in the second subparagraph of Article 2 (3). Data entered shall relate to: (1) persons who, in accordance with the national law of the Member State concerned, are suspected of having committed or having taken part in a criminal offence for which Europol is competent under Article 2 or who have been convicted of such an offence; (2) persons who there are serious grounds under national law for believing will commit criminal offences for which Europol is competent under Article 2. 2. Personal data as referred to in paragraph 1 may include only the following details: (1) surname, maiden name, given names and any alias or assumed name; (2) date and place of birth; (3) nationality; (4) sex; and (5) where necessary, other characteristics likely to assist in identification, including any specific objective physical characteristics not subject to change. 3. In addition to the data referred to in paragraph 2 and data on Europol or the inputting national unit, the information system may also be used to store, modify and utilize the following details concerning the persons referred to in paragraph 1: (1) criminal offences, alleged crimes and when and where they were committed; (2) means which were or may be used to commit the crimes; (3) departments handling the case and their filing references; (4) suspected membership of a criminal organization; (5) convictions, where they relate to criminal offences for which Europol is competent under Article 2. These data may be input when they do not yet contain any references to persons. Where Europol inputs the data itself, as well as giving its filing reference it shall also indicate whether the data were provided by a third party or are the result of its own analyses. 4. Additional information held by Europol or national units concerning the groups of persons referred to in paragraph 1 may be communicated to any national unit or Europol should either so request. National units shall do so in compliance with their national law. Where the additional information concerns one or more related criminal offences as defined in the second subparagraph of Article 2 (3), the data stored in the information system shall be marked accordingly to enable national units and Europol to exchange information on the related criminal offences. 5. If proceedings against the person concerned are dropped or if that person is acquitted, the data relating to either decision shall be deleted. Article 9 Right of access to the information system 1. Only national units, liaison officers, and the Director, Deputy Directors or duly empowered Europol officials shall have the right to input data directly into the information system and retrieve it therefrom. Data may be retrieved where this is necessary for the performance of Europol's tasks in a particular case; retrieval shall be effected in accordance with the laws, regulations, administrative provisions and procedures of the retrieving unit, subject to any additional provisions contained in this Convention. 2. Only the unit which entered the data may modify, correct or delete such data. Where a unit has reason to believe that data as referred to in Article 8 (2) are incorrect or wishes to supplement them, it shall immediately inform the inputting unit; the latter shall examine such notification without delay and if necessary modify, supplement, correct or delete the data immediately. Where the system contains data as referred to in Article 8 (3) concerning a person, any unit may enter additional data as referred to in Article 8 (3). Where there is an obvious contradiction between the data input, the units concerned shall consult each other and reach agreement. Where a unit intends to delete altogether data as referred to in Article 8 (2) which has input on a person and where data as referred to in Article 8 (3) are held on the same person but input by other units, responsibility in terms of data protection legislation pursuant to Article 15 (1) and the right to modify, supplement, correct and delete such data pursuant to Article 8 (2) shall be transferred to the next unit to have entered data as referred to in Article 8 (3) on that person. The unit intending to delete shall inform the unit to which responsibility in terms of data protection is transferred of its intention. 3. Responsibility for the permissibility of retrieval from, input into and modifications within the information system shall lie with the retrieving, inputting or modifying unit; it must be possible to identify that unit. The communication of information between national units and the competent authorities in the Member States shall be governed by national law. TITLE III WORK FILES FOR THE PURPOSES OF ANALYSIS Article 10 Collection, processing and utilization of personal data 1. Where this is necessary to achieve the objective laid down in Article (1), Europol, in addition to data of a non-personal nature, may store, modify, and utilize in other files data on criminal offences for which Europol is competent under Article 2 (2), including data on the related criminal offences provided for in the second subparagraph of Article 2 (3) which are intended for specific analyses, and concerning: (1) persons as referred to in Article 8 (1); (2) persons who might be called on to testify in investigations in connection with the offences under consideration or in subsequent criminal proceedings; (3) persons who have been the victims of one of the offences under consideration or with regard to whom certain facts give reason for believing that they could be the victims of such an offence; (4) contacts and associates, and (5) persons who can provide information on the criminal offences under consideration. The collection, storage and processing of the data listed in the first sentence of Article 6 of the Council of Europe Convention of 28 January 1981 with regard to Automatic Processing of Personal Data shall not be permitted unless strictly necessary for the purposes of the file concerned and unless such data supplement other personal data already entered in that file. It shall be prohibited to select a particular group of persons solely on the basis of the data listed in the first sentence of Article 6 of the Council of Europe Convention of 28 January 1981 in breach of the aforementioned rules with regard to purpose. The Council, acting unanimously, in accordance with the procedure laid down in Title VI of the Treaty on European Union, shall adopt implementing rules for data files prepared by the Management Board containing additional details, in particular with regard to the categories of personal data referred to in this Article and the provisions concerning the security of the data concerned and the internal supervision of their use. 2. Such files shall be opened for the purposes of analysis defined as the assembly, processing or utilization of data with the aim of helping a criminal investigation. Each analysis project shall entail the establishment of an analysis group closely associating the following participants in accordance with the tasks defined in Article 3 (1) and (2) and Article 5 (3): (1) analysts and other Europol officials designated by the Europol Directorate: only analysts shall be authorized to enter data into and retrieve data from the file concerned; (2) the liaison officers and/or experts of the Member States supplying the information or concerned by the analysis within the meaning of paragraph 6. 3. At the request of Europol or on their own initiative, national units shall, subject to Article 4 (5), communicate to Europol all the information which it may require for the performance of its tasks under Article 3 (1), point 2. The Member States shall communicate such data only where processing thereof for the purposes of preventing, analysing or combating offences is also authorized by their national law. Depending on their degree of sensitivity, data from national units may be routed directly and by whatever means may be appropriate to the analysis groups, whether via the liaison officers concerned or not. 4. If, in addition to the data referred to in paragraph 3, it would seem justified for Europol to have other information for the performance of tasks under Article 3 (1), point 2, Europol may request that: (1) the European Communities and bodies governed by public law established under the Treaties establishing those Communities; (2) other bodies governed by public law established in the framework of the European Union; (3) bodies which are based on an agreement between two or more Member States of the European Union; (4) third States; (5) international organizations and their subordinate bodies governed by public law; (6) other bodies governed by public law which are based on an agreement between two or more States; and (7) the International Criminal Police Organization, forward the relevant information to it by whatever means may be appropriate. It may also, under the same conditions, and by the same means, accept information provided by those various bodies on their own initiative. The Council, acting unanimously in accordance with the procedure laid down in Title VI of the Treaty on European Union and after consulting the Management Board, shall draw up the rules to be observed by Europol in this respect. 5. In so far as Europol is entitled under other Conventions to gain computerized access to data from other information systems, Europol may retrieve personal data by such means if this is necessary for the performance of its tasks pursuant to Article 3 (1), point 2. 6. If an analysis is of a general nature and of a strategic type, all Member States, through liaison officers and/or experts, shall be fully associated in the findings thereof, in particular through the communication of reports drawn up by Europol. If the analysis bears on specific cases not concerning all Member States and has a direct operational aim, representatives of the following Member States shall participate therein: (1) Member States which were the source of the information giving rise to the decision to open the analysis file, or those which are directly concerned by that information and Member States subsequently invited by the analysis group to take part in the analysis because they are also becoming concerned; (2) Member States which learn from consulting the index system that they need to be informed and assert that need to know under the conditions laid down in paragraph 7. 7. The need to be informed may be claimed by authorized liaison officers. Each Member State shall nominate and authorize a limited number of such liaison officers. It shall forward the list thereof to the Management Board. A liaison officer shall claim the need to be informed as defined in paragraph 6 by means of a written reasoned statement approved by the authority to which he is subordinate in his Member State and forwarded to all the participants in the analysis. He shall then be automatically associated in the analysis in progress. If an objection is raised in the analysis group, automatic association shall be deferred until completion of a conciliation procedure, which may comprise three stages as follows: (1) the participants in the analysis shall endeavour to reach agreement with the liaison officer claiming the need to be informed; they shall have no more than eight days for that purpose; (2) if no agreement is reached, the heads of the national units concerned and the Directorate of Europol shall meet within three days; (3) if the disagreement persists, the representatives of the parties concerned on the Management Board shall meet within eight days. If the Member State concerned does not waive its need to be informed, automatic association of that Member State shall be decided by consensus. 8. The Member State communicating an item of data to Europol shall be the sole judge of the degree of its sensitivity and variations thereof. Any dissemination or operational use of analysis data shall be decided on in consultation with the participants in the analysis. A Member State joining an analysis in progress may not, in particular, disseminate or use the data without the prior agreement of the Member States initially concerned. Article 11 Index System 1. An index system shall be created by Europol for the data stored on the files referred to in Article 10 (1). 2. The Director, Deputy Directors and duly empowered officials of Europol and liaison officers shall have the right to consult the index system. The index system shall be such that it is clear to the liaison officer consulting it, from the data being consulted, that the files referred to in Article 6 (1), point 2 and Article 10 (1) contain data concerning the seconding Member State. Access by liaison officers shall be defined in such a way that it is possible to determine whether or not an item of information is stored, but that it is not possible to establish connections or further conclusions regarding the content of the files. 3. The detailed procedures for the design of the index system shall be defined by the Management Board acting unanimously. Article 12 Order opening a data file 1. For every computerized data file containing personal data operated by Europol for the purposes of performing its tasks referred to in Article 10, Europol shall specify in an order opening the file, which shall require the approval of the Management Board: (1) the file name; (2) the purpose of the file; (3) the groups of persons on whom data are stored; (4) the nature of the data to be stored, and any of the data listed in the first sentence of Article 6 of the Council of Europe Convention of 28 January 1981 which are strictly necessary; (5) the type of personal data used to open the file; (6) the supply or input of the data to be stored; (7) the conditions under which the personal data stored in the file may be communicated, to which recipients and under what procedure; (8) the time limits for examination and duration of storage; (9) the method of establishing the audit log. The joint supervisory body provided for in Article 24 shall immediately be advised by the Director of Europol of the plan to order the opening of such a data file and shall receive the dossier so that it may address any comments it deems necessary to the Management Board. 2. If the urgency of the matter is such as to preclude obtaining the approval of the Management Board as required under paragraph 1, the Director, on his own initiative or at the request of the Member States concerned, may by a reasoned decision, order the opening of a data file. At the same time he shall inform the members of the Management Board of his decision. The procedure pursuant to paragraph 1 shall then be set in motion without delay and completed as soon as possible. TITLE IV COMMON PROVISIONS ON INFORMATION PROCESSING Article 13 Duty to notify Europol shall promptly notify the national units and also their liaison officers if the national units so request, of any information concerning their Member State and of connections identified between criminal offences for which Europol is competent under Article 2. Information and intelligence concerning other serious criminal offences, of which Europol becomes aware in the course of its duties, may also be communicated. Article 14 Standard of data protection 1. By the time of the entry into force of this Convention at the latest, each Member State shall, under its national legislation, take the necessary measures in relation to the processing of personal data in data files in the framework of this Convention to ensure a standard of data protection which at least corresponds to the standard resulting from the implementation of the principles of the Council of Europe Convention of 28 January 1981, and, in doing so, shall take account of Recommendation No R (87) 15 of the Committee of Ministers of the Council of Europe of 17 September 1987 concerning the use of personal data in the police sector. 2. The communication of personal data provided for in this Convention may not begin until the data protection rules laid down in paragraph 1 above have entered into force on the territory of each of the Member States involved in such communication. 3. In the collection, processing and utilization of personal data Europol shall take account of the principles of the Council of Europe Convention of 28 January 1981 and of Recommendation No R (87) 15 of the Committee of Ministers of the Council of Europe of 17 September 1987. Europol shall also observe the principles 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. Article 15 Responsibility in data protection matters 1. Subject to other provisions in this Convention, the responsibility for data stored at Europol, in particular as regards the legality of the collection, the transmission to Europol and the input of data, as well as their accuracy, their up-to-date nature and verification of the storage timelimits, shall lie with: (1) the Member State which input or otherwise communicated the data; (2) Europol in respect of data communicated to Europol by third parties or which result from analyses conducted by Europol. 2. In addition, subject to other provisions in this Convention, Europol shall be responsible for all data received by Europol and processed by it, whether such data be in the information system referred to in Article 8, in the data files opened for the purposes of analysis referred to in Article 10, or in the index system referred to in Article 11, or in the data files referred to in Article 14 (3). 3. Europol shall store data in such a way that it can be established by which Member State or third party the data were transmitted or whether they are the result of an analysis by Europol. Article 16 Provisions on the drawing up of reports On average, Europol shall draw up reports for at least one in ten retrievals of personal data — and for each retrieval made within the information system referred to in Article 7 — in order to check whether they are permissible under law. The data contained in the reports shall only be used for that purpose by Europol and the supervisory bodies referred to in Articles 23 and 24 and shall be deleted after six months, unless the data are further required for ongoing control. The details shall be decided upon by the Management Board following consultation with the joint supervisory body. Article 17 Rules on the use of data 1. Personal data retrieved from the information system, the index system or data files opened for the purposes of analysis and data communicated by any other appropriate means, may be transmitted or utilized only by the competent authorities of the Member States in order to prevent and combat crimes falling within the competence of Europol and to combat other serious forms of crime. The data referred to in the first paragraph shall be utilized in compliance with the law of the Member State responsible for the authorities which utilized the data. Europol may utilize the data referred to in paragraph 1 only for the performance of its tasks as referred to in Article 3. 2. If, in the case of certain data, the communicating Member State or the communicating third State or third body as referred to in Article 10 (4) stipulates particular restrictions on use to which such data is subject in that Member State or by third parties, such restrictions shall also be complied with by the user of the data except in the specific case where national law lays down that the restrictions on use be waived for judicial authorities, legislative bodies or any other independent body set up under the law and made responsible for supervising the national competent authorities within the meaning of Article 2 (4). In such cases, the data may only be used after prior consultation of the communicating Member State whose interests and opinions must be taken into account as far as possible. 3. Use of the data for other purposes or by authorities other than those referred to in Article 2 of this Convention shall be possible only after prior consultation of the Member State which transmitted the data in so far as the national law of that Member State permits. Article 18 Communication of data to third States and third bodies 1. Europol may under the conditions laid down in paragraph 4 communicate personal data which it holds to third states and third bodies within the meaning of Article 10 (4), where: (1) this is necessary in individual cases for the purposes of preventing or combating criminal offences for which Europol is competent under Article 2; (2) an adequate level of data protection is ensured in that State or that body; and (3) this is permissible under the general rules within the meaning of paragraph 2. 2. In accordance with the procedure in Title VI of the Treaty on European Union, and taking into account the circumstances referred to in paragraph 3, the Council, acting unanimously, shall determine the general rules for the communication of personal data by Europol to the third States and third bodies within the meaning of Article 10 (4). The Management Board shall prepare the Council decision and consult the joint supervisory body referred to in Article 24. 3. The adequacy of the level of data protection afforded by third States and third bodies within the meaning of Article 10 (4) shall be assessed taking into account all the circumstances which play a part in the communication of personal data; in particular, the following shall be taken into account: (1) the nature of the data; (2) the purpose for which the data is intended; (3) the duration of the intended processing; and (4) the general or specific provisions applying to the third States and third bodies within the meaning of Article 10 (4). 4. If the data referred to have been communicated to Europol by a Member State, Europol may communicate them to third States and third bodies only with the Member State's consent. The Member State may give its prior consent, in general or other terms, to such communications; that consent may be withdrawn at any time. If the data have not been communicated by a Member State, Europol shall satisfy itself that communication of those data is not liable to: (1) obstruct the proper performance of the tasks falling within a Member State's sphere of competence; (2) jeopardize the security and public order of a Member State or otherwise prejudice its general welfare. 5. Europol shall be responsible for the legality of the authorizing communication. Europol shall keep a record of communications of data and of the grounds for such communications. The communication of data shall be authorized only if the recipient gives an undertaking that the data will be used only for the purpose for which it was communicated. This shall not apply to the communication of personal data required for a Europol inquiry. 6. Where the communication provided for in paragraph 1 concerns information subject to the requirement of confidentiality, it shall be permissible only in so far as an agreement on confidentiality exists between Europol and the recipient. Article 19 Right of access 1. Any individual wishing to exercise his right of access to data relating to him which have been stored within Europol or to have such data checked may make a request to that effect free of charge to the national competent authority in any Member State he wishes, and that authority shall refer it to Europol without delay and inform the enquirer that Europol will reply to him directly. 2. The request must be fully dealt with by Europol within three months following its receipt by the national competent authority of the Member State concerned. 3. The right of any individual to have access to data relating to him or to have such data checked shall be exercised in accordance with the law of the Member State where the right is claimed, taking into account the following provisions: Where the law of the Member State applied to provides for a communication concerning data, such communication shall be refused if such refusal is necessary to: (1) enable Europol to fulfil its duties properly; (2) protect security and public order in the Member States or to prevent crime; (3) protect the rights and freedoms of third parties, considerations which it follows cannot be overriden by the interests of the person concerned by the communication of the information. 4. The right to communication of information in accordance with paragraph 3 shall be exercised according to the following procedures: (1) as regards data entered within the information system defined in Article 8, a decision to communicate such data cannot be taken unless the Member State which entered the data and the Member States directly concerned by communication of such data have first had the opportunity of stating their position, which may extend to a refusal to communicate the data. The data which may be communicated and the arrangements for communicating such data shall be indicated by the Member State which entered the data; (2) as regards data entered within the information system by Europol, the Member States directly concerned by communication of such data must first have had the opportunity of stating their position, which may extend to a refusal to communicate the data; (3) as regards data entered within the work files for the purposes of analysis as defined in Article 10, the communication of such data shall be conditional upon the consensus of Europol and the Member States participating in the analysis, within the meaning of Article 10 (2), and the consensus of the Member State(s) directly concerned by the communication of such data. Should one or more Member State or Europol have objected to a communication concerning data, Europol shall notify the person concerned that it has carried out the checks, without giving any information which might reveal to him whether or not he is known. 5. The right to the checking of information shall be exercised in accordance with the following procedures: Where the national law applicable makes no provision for a communication concerning data or in the case of a simple request for a check, Europol, in close cooperation with the national authorities concerned, shall carry out the checks and notify the enquirer that is has done so without giving any information which might reveal to him whether or not he is known. 6. In its reply to a request for a check or for access to data, Europol shall inform the enquirer that he may appeal to the joint supervisory body if he is not satisfied with the decision. The latter may also refer the matter to the joint supervisory body if there has been no response to his request within the timelimits laid down in its Article. 7. If the enquirer lodges an appeal to the joint supervisory body provided for in Article 24, the appeal shall be examined by that body. Where the appeal relates to a communication concerning data entered by a Member State in the information system, the joint supervisory body shall take its decision in accordance with the national law of the Member State in which the application was made. The joint supervisory body shall first consult the national supervisory body or the competent judicial body in the Member State which was the source of the data. Either national body shall make the necessary checks, in particular to establish whether the decision to refuse was taken in accordance with paragraphs 3 and 4 (1) of this Article. On confirmation of that, the decision, which may extend to a refusal to communicate any information, shall be taken by the joint supervisory body in close cooperation with the national supervisory body or competent judicial body. Where the appeal relates to a communication concerning data entered by Europol in the information system or data stored in the work files for the purposes of analysis, the joint supervisory body, in the event of persistent objections from Europol or a Member State, may not overrule such objections unless by a majority of two-thirds of its members after having heard Europol or the Member State concerned. If there is no such majority, the joint supervisory body shall notify the enquirer that it has carried out the checks, without giving any information which might reveal to him whether or not he is known. Where the appeal concerns the checking of data entered by a Member State in the information system, the joint supervisory body shall ens …