(1)(hereafter referred to as ”competent authorities”) are listed in Annex 2 to this Agreement. Lithuania shall notify Europol of any changes to this list within three months after such changes come into effect.

1. Lithuania shall, through the ILS, supply Europol, on its request, with all information concerning the internal organisation, tasks and arrangements for the protection of personal data of the competent authorities mentioned in paragraph
2. Article 7 General provisions concerning the exchange of information
3. Exchange of information between the Contracting Parties shall only take place for the purpose of and in accordance with the provisions of this Agreement.
4. The exchange of information as specified in this Agreement shall in principle take place between Europol and the ILS. The Contracting Parties shall ensure that exchange of information may take place around the clock. Lithuania shall ensure that there is a direct link between the ILS and the competent authorities as mentioned in Article 6

(1).

1. Europol shall only supply information to Lithuania which was collected, stored and transmitted in accordance with the relevant provisions of the Convention and its implementing regulations.
2. Lithuania shall only supply information to Europol that was collected, stored and transmitted in accordance with its national legislation. Within this context Europol will be bound by Article 4

(4)of the Council Act of 3 November 1998 laying down rules concerning the receipt of information by Europol.

1. Individuals shall have the right to have access to information related to them transmitted under this agreement, or to have such information checked, in accordance with the Lithuanian national legislation or the applicable provisions of the Convention. In cases where this right is exercised, the transmitting party will be consulted before a final decision on the request is taken.
2. All communications between ILS and Europol will take place in the English language. Article 8 Supply of information by Lithuania
3. Lithuania shall notify Europol, at the moment of supply of information or before, of the purpose for which the information is supplied and of any restriction on its use, deletion or destruction, including possible access restrictions in general or specific terms. Where the need for such restrictions becomes apparent after the supply, Lithuania shall inform Europol of such restrictions at a later stage.
4. After receipt, Europol shall determine without undue delay, but in any case within six months of receipt, if and to what extent personal data, which have been supplied may be included in Europol’s data files, in accordance with the purpose for which they were supplied by Lithuania. Europol shall notify Lithuania as soon as possible after it has been decided that personal data will not be included. Personal data which have been transmitted shall be deleted, destroyed or returned, if such data are not, or no longer, necessary for Europol’s tasks or if no decision has been taken on their inclusion in a Europol data file within six months after receipt.
5. Europol shall be responsible for ensuring that the personal data as mentioned in paragraph 2, until they have been included in a Europol data file, may only be accessed by a Europol official duly authorised for the purpose of determining whether or not the personal data may be included in a Europol data file.
6. If Europol, after appraisal, has reason to assume that information supplied is not accurate or no longer up to date, it shall inform Lithuania thereof. Lithuania shall verify the information and inform Europol on the outcome of such verification. Article 9 Supply of personal data by Europol
7. Where personal data are transmitted at the request of Lithuania, the personal data may only be used for the purposes following the request. Where personal data are transmitted without a specific request, at the moment of transmission of the data or before, the purpose for which the data were transmitted shall be indicated, and any restriction on its use, deletion or destruction, including possible access restrictions in general or specific terms. Where the need for such restrictions becomes apparent after the supply, Europol shall inform Lithuania of such restrictions at a later stage.
8. Lithuania shall comply with the following conditions for all transmissions of personal data by Europol to Lithuania: 1) after receipt, Lithuania shall determine without undue delay, whenever possible within three months of receipt if and to what extent the data which have been supplied are necessary for the purpose for which they were supplied; 2) the data shall not be communicated by Lithuania to third States or bodies; 3) the data shall only be supplied to the ILS; 4) onward transmission of the data by the initial recipient shall be restricted to the competent authorities mentioned in Article 6 and shall take place under the same conditions as those applying to the original transmission; 5) the supply must be necessary in individual cases for the purpose of preventing or combating the

(1); 6) if the data have been communicated to Europol by a Member State of the European Union, the data may only be transmitted to Lithuania with that Member State’s consent; 7) any conditions on the use of the data specified by Europol must be respected; if the data have been communicated to Europol by a Member State of the European Union, and that Member State has stipulated any conditions on the use of such data, these conditions must be respected; 8) when data are supplied on request, the request for the data must specify indications as to the purpose of and the reason for the request; 9) the data may be used only for the purpose for which they were communicated; 10) the data shall be corrected and deleted by Lithuania if it emerges that they are incorrect, inaccurate, no longer up to date or should not have been transmitted; 11) the data shall be deleted when they are no longer necessary for the purposes for which they were transmitted.

1. Lithuania shall ensure that the personal data received from Europol are protected through technical and organisational measures assuring a level of data security which is equivalent to the level which follows from implementation of Article 25 of the Convention.
2. Personal data revealing racial origin, political opinions or religious or other beliefs, or concerning health and sexual life as referred to in Article 6 of the Council of Europe Convention of 28 January 1981 for the protection of individuals with regard to automatic processing of personal data shall only be supplied in absolutely necessary cases and in addition to other information.
3. No personal data shall be supplied where an adequate level of data protection is no longer guaranteed.
4. Where Europol notes that the transmitted personal data are inaccurate, no longer up to date, or should not have been transmitted, it shall inform the ILS thereof forthwith. Europol shall request the ILS to confirm to Europol that the data will be corrected or deleted.
5. Europol shall keep a record of all communications of personal data under this Article and of the grounds for such communications.
6. Storage of personal data transmitted from Europol may not exceed a total of three years. Each time limit shall begin to run afresh on the date on which an event leading to the storage of that data occurs. If through the application of this paragraph the total storage period of personal data transmitted from Europol exceeds three years, the need for continued storage shall be reviewed annually. Article 10 Assessment of the source and of the information
7. When information is supplied by Europol on the basis of this Agreement, the source of the information shall be indicated as far as possible on the basis of the following criteria: (A) Where there is no doubt of the authenticity, trustworthiness and competence of the source, or if the information is supplied by a source who, in the past, has proved to be reliable in all instances; (B) Source from whom information received has in most instances proved to be reliable; (C) Source from whom information received has in most instances proved to be unreliable; (D) The reliability of the source cannot be assessed.
8. When information is supplied by Europol on the basis of this Agreement, the reliability of the information shall be indicated as far as possible on the basis of the following criteria:

(1)Information whose accuracy is not in doubt;

(2)Information known personally to the source but not known personally to the official passing it on;

(3)Information not known personally to the source but corroborated by other information already recorded;

(4)Information which is not known personally to the source and cannot be corroborated.

1. Lithuania shall, when supplying information on the basis of this Agreement, indicate, as far as possible, the source of the information and its reliability on the basis of the criteria specified in paragraphs 1 and
3. If either of the Contracting Parties - on the basis of information already in its possession - comes to the conclusion that the assessment of information supplied by the other Contracting Party needs correction, it shall inform the other Contracting Party and attempt to agree on an amendment to the assessment. Neither of the Contracting Parties shall change the assessment of information received without such agreement.
4. If a Contracting Party receives information without an assessment, it shall attempt as far as possible to assess the reliability of the source or the information on the basis of information already in its possession.
5. The Contracting Parties may agree in general terms on the assessment of specified types of information and specified sources, which shall be laid down in a Memorandum of Understanding between Lithuania and Europol. Such general agreements have to be approved by the Contracting Parties. If information has been supplied on the basis of such general agreements, this shall be noted with the information.
6. If no reliable assessment can be made, or no agreement in general terms exists, the information shall be evaluated as at paragraph 1 (D) and paragraph 2

(4)above. Article 11 Correction and deletion of information supplied by Lithuania

1. The ILS shall inform Europol when information transmitted to Europol is corrected or deleted. The ILS shall also inform Europol as far as possible when it has reason to assume that the information supplied is not accurate or no longer up to date.
2. When the ILS informs Europol that it has corrected or deleted information transmitted to Europol, Europol shall correct or delete the information accordingly. Europol may decide not to delete the information if it, based on information that is more extensive than that possessed by Lithuania, has further need to process that information. Europol shall inform the ILS of the continued storage of such information.
3. If Europol has reason to assume that information supplied is not accurate or no longer up to date, it shall inform the ILS. The ILS shall verify the information and inform Europol on the outcome of such verification. In case information is corrected or deleted by Europol, Europol shall inform the ILS of the correction or deletion. Article 12 Confidentiality of information
4. All information processed by or through Europol, except information which is expressly marked or is clearly recognisable as being public information, is subject to a basic level of security within the Europol organisation as well as in the Member States of the European Union. Information which is only subject to the basic level of security does not require a specific marking of a Europol security level, but shall be designated as Europol information.
5. The Contracting Parties shall ensure the basic protection level mentioned in paragraph 1 for all information exchanged under this Agreement, by a variety of measures, including the obligation of discretion and confidentiality, limiting access to information to authorised personnel, protection of personal data and general technical and procedural measures to safeguard the security of the information.
6. Information requiring additional security measures is subject to a security level of Lithuania or Europol, which is indicated by a specific marking. Information is assigned such a security level only where strictly necessary and for the time necessary.
7. The security levels of the Contracting Parties and their designations are specified in Annex 4 to this Agreement and refer to the specific security packages in accordance with the national legislation of the Contracting Parties. The security levels relate to specific security packages, which offer different levels of protection, depending on the content of the information, and take account of the detrimental effect non-authorised access, dissemination or use of the information might have on the interests of the Contracting Parties. The Contracting Parties undertake to provide equivalent protection to the information marked with a security level in accordance with the table of equivalence of the security levels contained in Annex 4 hereto.
8. Lithuania shall ensure that access authorisations to and protection of protectively marked information will be complied with by all competent authorities to whom information may be transmitted in accordance with this Agreement. Article 13 Confidentiality Procedures
9. Each Contracting Party shall be responsible for the choice of the appropriate security level in accordance with Article 12 for information supplied to the other Contracting Party.
10. In choosing the security level, each Contracting Party shall adhere to the classification of the information under its national law or applicable regulations and take into account the need for flexibility.
11. If either Contracting Party - on the basis of information already in its possession - comes to the conclusion that the choice of security level needs amendment, it shall inform the other Contracting Party and attempt to agree on an appropriate security level. Neither Contracting Party shall specify or change a security level of information supplied by the other Contracting Party without the consent of that Party.
12. Each Contracting Party may at any time request an amendment of the security level related to the information it has supplied, including a possible removal of such a level. The other Contracting Party shall amend the security level in accordance with such requests. Each Contracting Party shall, as soon as circumstances allow this, ask for amendment of the security level to a lower one or its removal.
13. Each Contracting Party may specify the time period for which the choice of security level shall apply, and any possible amendments to the security level after such period.
14. Where information of which the security level is amended in accordance with this Article has already been supplied to one or more of the Member States of the European Union, Europol shall, at the request of the ILS, inform the recipients of the change of security level. Article 14 Liaison officers representing Lithuania at Europol
15. The Contracting Parties agree to enhance the co-operation as laid down in this Agreement through the stationing of one or more Lithuanian liaison officer(s), representing Lithuania at Europol. The liaison officers’ tasks, rights and obligations as well as details regarding their stationing with Europol and the costs involved are laid down in Annex
17. Europol shall arrange for all necessary facilities, such as office space and telecommunications equipment to be provided to such liaison officers within the premises of Europol, at the cost of Europol. The costs of telecommunication shall however be borne by Lithuania.
18. The archives of the liaison officer shall be inviolable from any interference by Europol officials. These archives shall include all records, correspondence, documents, manuscripts, computer records, photographs, films and recordings belonging to or held by the liaison officer.
19. Lithuania shall ensure that its liaison officers have speedy and, where technically feasible, direct access to the national databases necessary for them to fulfil their task while stationed at Europol. Article 15 Europol liaison officers in Lithuania
20. If required for a further enhancement of the co-operation as laid down in this Agreement, the Contracting Parties agree that (one or more) Europol liaison officer(s) can be stationed with the ILS. The Europol liaison officers’ tasks, rights and obligations as well as details regarding their stationing and the costs involved shall be laid down in a separate agreement.
21. The ILS shall arrange for all necessary facilities, such as office space and telecommunications equipment to be provided to such liaison officers within the premises of the ILS and at its expenses. The costs of telecommunication shall however be born by Europol.
22. Within the territory of Lithuania the Europol liaison officer will enjoy the same privileges and immunities as those accorded to a Lithuanian liaison officer stationed at Europol. Article 16 Liability
23. Lithuania shall be liable, in accordance with its national law, for any damage caused to an individual as a result of legal or factual errors in information exchanged with Europol. Lithuania shall not plead that Europol had transmitted inaccurate information in order to avoid its liability under its national legislation vis-à-vis an injured party.
24. If these legal or factual errors occurred as a result of information erroneously communicated or of failure on the part of Europol or one of the Member States of the European Union or another third party to comply with their obligations, Europol shall be bound to repay, on request, the amounts paid as compensations under paragraph 1 above, unless the information was used in breach of this Agreement.
25. In cases where Europol is obliged to repay to Member States of the European Union or another third party amounts awarded as compensation for damages to an injured party, and the damages are due to Lithuania's failure to comply with its obligations under this Agreement, Lithuania shall be bound to repay, on request, the amounts which Europol paid to a Member State or to another third party to make up for the amounts it paid in compensation.
26. The Contracting Parties shall not require each other to pay compensation for damages under paragraphs 2 and 3 above to the extent that the compensation for damages was enforced as punitive, increased or other non-compensatory damages. Article 17 Settlement of Disputes
27. Any dispute between the Contracting Parties concerning the interpretation or application of this Agreement, or any question affecting the relationship between the Contracting Parties which is not settled amicably, shall be referred for final decision to a tribunal of three arbitrators, at the request of either Contracting Party. Each Contracting Party shall appoint one arbitrator. The third, who shall be chairman of the tribunal, is to be chosen by the first two arbitrators.
28. If one of the Contracting Parties fails to appoint an arbitrator within two months following a request from the other Contracting Party to make such an appointment, the other Contracting Party may request the President of the International Court of Justice, or in his absence the Vice-President, to make such an appointment.
29. Should the first two arbitrators fail to agree upon the third within two months following their appointment, either Contracting Party may request the President of the International Court of Justice, or in his absence the Vice-President, to make such appointment.
30. Unless the Contracting Parties agree otherwise, the tribunal shall determine its own procedure.
31. The tribunal shall reach its decision by a majority of votes. In case of equality of votes the Chairman shall have a casting vote. The decision shall be final and binding on the Contracting Parties to the dispute.
32. Each Contracting Party reserves the right to suspend its obligations under this Agreement where the procedure laid down in this Article is applied or might be applied in accordance with paragraph 1, or in any other case where a Contracting Party is of the opinion that the obligations incumbent on the other Contracting Party under this Agreement have been breached. Article 18 Termination of the Agreement
33. This Agreement may be terminated in writing by either of the Contracting Parties with six months' notice.
34. In case of termination, Contracting Parties shall reach agreement on the continued use and storage of the information that has already been communicated between them. If no agreement is reached, either of the two Contracting Parties is entitled to require that the information which it has communicated be destroyed. Article 19 Amendments and Supplements
35. This Agreement, including the annexes to this Agreement, may be amended by mutual consent between the Contracting Parties. All the amendments and supplements must be in writing.
36. The Contracting Parties shall enter into consultations with respect to the amendment of this Agreement at the request of either of them. Article 20 Entry into force and validity
37. This Agreement shall enter into force on the date on which the Contracting Parties have notified each other in writing through diplomatic channels that their legal requirements have been complied with.
38. This Agreement shall remain valid until the date when the Convention has entered into force for Lithuania as a consequence of its accession to that Convention. Done at Vilnius, this thirtieth day of October two thousand and three, in duplicate in the Lithuanian and English language, each text being equally authentic. For Lithuania For Europol __________________ ANNEX 1 TO THE AGREEMENT on Co-operation BETWEEN THE REPUBLIC OF LITHUANIA AND THE EUROPEAN POLICE OFFICE With regard to the forms of crime referred to in Article 3

(1)of the Agreement on Co-operation between the Republic of Lithuania and the European Police Office, for the purposes of this Agreement: 1) "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; 2) "crime connected with nuclear and radioactive substances" means the criminal offences listed in Article 7

(1)of the Convention on the Physical Protection of Nuclear Material, signed at Vienna and New York on 3 March 1980, and relating to the nuclear and/or radioactive materials defined in Article 197 of the Euratom Treaty and Directive 80/836 Euratom of 15 July 1980; 3) "illegal immigrant smuggling" means activities intended deliberately to facilitate, for financial gain, the entry into, residence or employment in the territory of the Member States of the European Union contrary to the rules and conditions applicable in their territories and in Lithuania contrary to its national legislation; 4) "trade in human beings" means subjection of a person to the real and illegal sway of other persons by using violence or menaces or by abuse of authority or intrigue, especially with a view to the exploitation of prostitution, forms of sexual exploitation and assault of minors or trade in abandoned children. These forms of exploitation also include the production, sale or distribution of child-pornography material; 5) "motor vehicle crime" means the theft or misappropriation of motor vehicles, lorries, semi‑trailers, the loads of lorries or semi-trailers, buses, motorcycles, caravans and agricultural vehicles, works vehicles, and the spare parts for such vehicles, and the receiving and concealing of such objects; 6) ”forgery of money and means of payment” means 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 payments; 7) "illegal money-laundering activities" means the criminal offences listed in Article 6

(1)to

(3)of the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime, signed at Strasbourg on 8 November 1990. ________________________________ ANNEX 2 TO THE AGREEMENT on Co-operation BETWEEN THE REPUBLIC OF LITHUANIA AND THE EUROPEAN POLICE OFFICE The competent authorities in Lithuania responsible under national law for preventing and combating the

(1)of the Agreement between the Republic of Lithuania and the European Police Office are: - the Police department under the Ministry of Interior of the Republic of Lithuania; - the Customs department under the Ministry of Finance of the Republic of Lithuania; - the State border guards service under the Ministry of Interior of the Republic of Lithuania; - the Migration department under the Ministry of Interior of the Republic of Lithuania; - the Financial crime investigation service under the Ministry of Interior of the Republic of Lithuania; - the Lithuanian General Prosecutor’s office; - the State security department of the Republic of Lithuania; - the Special investigation service of the Republic of Lithuania. __________________________ ANNEX 3 TO THE AGREEMENT on Co-operation BETWEEN THE REPUBLIC OF LITHUANIA AND THE EUROPEAN POLICE OFFICE Article 1 Tasks of the Lithuanian Liaison Officer It shall be the task of the Lithuanian liaison officer (hereafter referred to as ”liaison officer”) to support and co-ordinate the co-operation between Lithuania and Europol. In particular, the liaison officer shall be responsible for supporting contacts between Europol and Lithuania facilitating the exchange of information. Article 2 Status of the liaison officer

1. The liaison officer shall be regarded as a formal representative of the Republic Lithuania with respect to Europol. Europol shall facilitate the liaison officer's stay within the Netherlands as far as this is within its possibilities; it shall in particular co-operate with the appropriate Dutch authorities in matters of privileges and immunities as far as necessary.
2. The liaison officer shall be a representative of the services in Lithuania responsible for preventing and combating criminal offences within the meaning of the Agreement on co-operation between the Republic of Lithuania and European Police Office (hereafter referred to as ”Agreement”). Article 3 Working methods
3. Any exchange of information between Europol and the liaison officer shall only take place in accordance with the provisions of the Agreement.
4. When exchanging information, the liaison officer shall normally communicate directly with Europol through representatives appointed for this purpose by Europol. He shall not have direct access to Europol data files. Article 4 Confidentiality
5. Lithuania shall ensure that the liaison officer is screened at the appropriate national level for the liaison officer to be able to handle information supplied by or through Europol which is subject to a particular requirement of confidentiality, in accordance with Article 12 of the Agreement.
6. Europol shall assist the liaison officer in providing for adequate resources to fulfil any requirements relating to the protection of the confidentiality of information exchanged with Europol. Article 5 Administrative issues
7. The liaison officer shall comply with Europol's internal rules, without prejudice to his national law. In performing his duties, he shall proceed in accordance with his own national law on data protection.
8. The liaison officer shall keep Europol informed of his working hours and contact details in cases of emergency. He shall also inform Europol of any extended stay away from Europol's Headquarters. Article 6 Liability and cases of conflict
9. Lithuania shall be liable for any damages caused by the liaison officer to Europol's property. Any such damages will be promptly repaid by Lithuania, on the basis of a duly substantiated request by Europol. In case of disagreement concerning a repayment, Article 17 of the Agreement on co-operation between Lithuania and Europol may be followed.
10. In cases of conflict between Lithuania and Europol, or between the Liaison Officer and Europol, the Director of Europol will be entitled to prohibit access to the Europol building by the Liaison Officer, or to grant such access only under particular conditions or restrictions.
11. Where there is a serious conflict between Europol and the Liaison Officer, the Director of Europol is entitled to submit a request to the Republic of Lithuania for his replacement. _______________________ Annex 4 TO THE AGREEMENT on Co-operation BETWEEN REPUBLIC OF LITHUANIA AND THE EUROPEAN POLICE OFFICE The Contracting Parties, in conformity with Article 12

(4)of the Agreement on Co-operation between Republic of Lithuania and European Police Office, determine that the following secrecy levels under the national legislation of Lithuania and secrecy levels used within Europol are equivalent: For Lithuania For Europol “Riboto naudojimo” "Europol Restricted" This level is applicable to information containing service secrets, the unauthorised circulation of which would result in harm of the constitutional rights of persons and interests of state This level is applicable to information and material the unauthorised disclosure of which could be disadvantageous to the interests of Europol or of one or more Member States. “Konfidencialiai” "Europol Confidential" This level is applicable to information containing state secrets, the unauthorised circulation of which would result in harm to the interests of state This level is applicable to information and material the unauthorised disclosure of which could harm the essential interests of Europol or of one or more Member States. “Slaptai” "Europol Secret" This level is applicable to information containing state secrets, the unauthorised circulation of which would result in serious harm to the interests of state This level is applicable only to information and material the unauthorised disclosure of which could seriously harm the essential interests of Europol or of one or more Member States. “Visiškai slaptai” “Europol Top Secret” This level is applicable to information containing state secrets, the unauthorised circulation of which would result in extremely serious harm to the interests of state This level is applicable only to information and material the unauthorised disclosure of which could cause exceptionally grave prejudice to the essential interests of Europol or of one or more Member States. ________________