title: Council Decision 2009/936/JHA of 30 November 2009 adopting the implementing rules for Europol analysis work files

text:
               11.12.2009

               EN

               Official Journal of the European Union

               L 325/14

      COUNCIL DECISION 2009/936/JHA
   of 30 November 2009
   adopting the implementing rules for Europol analysis work files
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (EUROPOL) (1) (the ‘Europol Decision’) and in particular Articles 14(1) and 59(1)(b) thereof,
   Taking account of the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data, adopted by the Council of Europe on 28 January 1981,
   Taking account of Recommendation No R(87)15 of the Committee of Ministers regulating the use of personal data in the police sector, adopted by the Council of Europe on 17 September 1987,
   Having regard to the draft rules for Europol analysis work files submitted by the Management Board,
   Having regard to the Opinion of the European Parliament,
   Whereas it is for the Council, acting by qualified majority after consulting the European Parliament, to adopt implementing rules for analysis work files (hereinafter the ‘rules’),
   HAS DECIDED AS FOLLOWS:
   CHAPTER I

      GENERAL PRINCIPLES

   Article 1
   Definitions
   For the purposes of these rules:

               (a)

               ‘personal data’ means any information relating to an identified or identifiable natural person; an ‘identifiable person’ is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity;

               (b)

               ‘analysis work file’ means a file opened for the purpose of analysis, as referred to in Article 14(1) of the Europol Decision;

               (c)

               ‘analysis’ means the assembly, processing or use of data with the aim of assisting criminal investigations, in accordance with Article 14(2) of the Europol Decision;

               (d)

               ‘participants in an analysis group’ means analysts and other Europol staff designated by the Director, as well as liaison officers and/or experts from the Member States supplying the information or concerned by the analysis within the meaning of Article 14(4) of the Europol Decision;

               (e)

               ‘processing of personal data’ or ‘processing’ means any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organisation, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction.

         Article 2
   Scope
   The rules laid down in this Decision shall apply to the processing of data for the purpose of analysis, as referred to in Article 14(1) of the Europol Decision.
   Article 3
   Data supplied for the purpose of analysis
   1.   In accordance with Articles 8(2) and 14(3) of the Europol Decision, data supplied for the purpose of analysis shall be communicated either in a structured or unstructured form by national units or, depending on their degree of urgency, may be routed directly from the designated competent authorities to Europol, in order to be included in an analysis work file. The Member State supplying the data shall notify Europol of the purpose for which they are supplied and of any restriction on their use, deletion or destruction, including possible access restrictions in general or specific terms. That Member State may also inform Europol of any such restrictions at a later stage.
   Europol shall ensure that third parties supplying such data notify Europol of the purpose for which they are supplied and of any restriction on their use.
   After receipt of such data, it shall be determined as soon as possible to what extent they shall be included in a specific file.
   2.   In accordance with Article 29(1) of the Europol Decision, the data referred to in paragraph 1 shall remain under the responsibility of the Member State which supplied them, and shall be subject to the national legislation of that Member State until such data are included in an analysis work file. This shall be without prejudice to Europol’s responsibilities for the data as outlined in the second and third subparagraphs.
   Europol shall be responsible for ensuring that such data may be accessed only by the Member States which supplied them, or analysts and other Europol staff designated by the Director in accordance with Article 14(2)(a) of the Europol Decision, for the purpose of determining whether or not the data may be included in an analysis work file.
   If Europol, after appraising the data supplied, has reason to assume that they are inaccurate or no longer up-to-date, it shall inform the Member State which supplied them.
   3.   Data which, after appraisal, have not been selected for inclusion in an analysis work file, as well as paper files and documents containing data which have been included in such a file, shall remain under the responsibility of the Member State which supplied the data in accordance with Article 29(1) of the Europol Decision, and shall be subject to its national legislation. This shall be without prejudice to Europol’s responsibilities as outlined in the Europol Decision.
   Europol shall be responsible for ensuring that the data, paper files and documents referred to in the first subparagraph are stored separately from analysis work files, and may be accessed only by the Member States which supplied the data, or by analysts and other Europol staff designated by the Director in accordance with Article 14(2)(a) of the Europol Decision, for the purposes of:

               (a)

               their later inclusion in an analysis work file;

               (b)

               verifying whether the data which have already been included in an analysis file are accurate and relevant; or

               (c)

               verifying whether the requirements contained in these rules or the Europol Decision have been met.

         Such data, may also be accessed in the interests of the data subject who requires protection. In this case, the data may only be used with the consent of the individual concerned.
   Such data, paper files and documents shall be returned to the Member State which supplied them, or be deleted or destroyed, where they are no longer necessary for the purposes set out in this Article. They must in any case be deleted or destroyed after the analysis work file is closed.
   4.   Where the data referred to in paragraph 1 have been supplied by a third party, Europol shall be responsible for ensuring that the principles laid down in this Article are applied to such data by following the rules laid down in accordance with Article 26 of the Europol Decision.
   Article 4
   Processing of data
   1.   Where necessary in order to achieve the objective laid down in Article 3 of the Europol Decision, personal data referred to in Articles 5 and 6 of these rules may be processed by Europol to the extent that they are adequate, accurate, relevant, and not excessive in relation to the purpose of the analysis work file in which they are included, and provided that they are stored for no longer than necessary for this purpose. The need for continued data storage for the purpose of the analysis work file shall be reviewed regularly in accordance with Article 7 of these rules and Article 20 of the Europol Decision.
   2.   Each Member State involved in an analysis project shall decide, in accordance with its national legislation, on the extent to which it can supply such data, as specified in Article 14(3) of the Europol Decision.
   Article 5
   Orders opening analysis work files
   1.   In each order opening an analysis work file, as referred to in Article 16 of the Europol Decision, the Director shall specify which of the categories of personal data listed in Article 6 of these rules are considered to be necessary for the purpose of the analysis work file concerned.
   2.   The Director shall also specify in the order referred to in paragraph 1 whether data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs or trade-union membership and data concerning health or sex life are to be included in the analysis work file under the categories listed in Article 6, and why such data are considered to be strictly necessary for the purposes of the analysis work file concerned. Such data may only be processed when supplementing other personal data which have already been included in that file.
   Where the data referred to in the first subparagraph relate to the categories of persons mentioned in Article 6(3) to 6(6), the specific grounds for requiring such data must be included in the order opening the file, and such data shall be processed only at the explicit request of two or more Member States participating in the analysis project. The data concerned shall be deleted when they are no longer necessary for the purposes for which they were stored.
   3.   Orders opening an analysis work file, including later amendments thereto, shall be established in accordance with the procedure set out in Article 16 of the Europol Decision.
   Article 6
   Personal data in analysis work files
   1.   Whenever personal data are stored in analysis work files, a note shall be added which refers to the category of persons on which the data are stored.
   2.   The following categories of personal data, including associated administrative data, may be processed on the categories of persons referred to in Article 14(1)(a) of the Europol Decision:

               (a)

               Personal details:

                           1.

                           Present and former surnames

                           2.

                           Present and former forenames

                           3.

                           Maiden name

                           4.

                           Father’s name (where necessary for the purpose of identification)

                           5.

                           Mother’s name (where necessary for the purpose of identification)

                           6.

                           Sex

                           7.

                           Date of birth

                           8.

                           Place of birth

                           9.

                           Nationality

                           10.

                           Marital status

                           11.

                           Alias

                           12.

                           Nickname

                           13.

                           Assumed or false name

                           14.

                           Present and former residence and/or domicile

               (b)

               Physical description:

                           1.

                           Physical description

                           2.

                           Distinguishing features (marks/scars/tattoos etc.)

               (c)

               Identification means:

                           1.

                           Identity documents/driving licence

                           2.

                           National identity card/passport numbers

                           3.

                           National identification number/social security number, if applicable

                           4.

                           Visual images and other information on appearance

                           5.

                           Forensic identification information such as fingerprints, DNA profile (established from the non-coding part of DNA), voice profile, blood group, dental information

               (d)

               Occupation and skills:

                           1.

                           Present employment and occupation

                           2.

                           Former employment and occupation

                           3.

                           Education (school/university/professional)

                           4.

                           Qualifications

                           5.

                           Skills and other fields of knowledge (language/other)

               (e)

               Economic and financial information:

                           1.

                           Financial data (bank accounts and codes, credit cards etc.)

                           2.

                           Cash assets

                           3.

                           Share holdings/other assets

                           4.

                           Property data

                           5.

                           Links with companies

                           6.

                           Bank and credit contacts

                           7.

                           Tax position

                           8.

                           Other information revealing a person’s management of their financial affairs

               (f)

               Behavioural data:

                           1.

                           Lifestyle (such as living above means) and routine

                           2.

                           Movements

                           3.

                           Places frequented

                           4.

                           Weapons and other dangerous instruments

                           5.

                           Danger rating

                           6.

                           Specific risks such as escape probability, use of double agents, connections with law enforcement personnel

                           7.

                           Criminal-related traits and profiles

                           8.

                           Drug abuse

               (g)

               Contacts and associates, including type and nature of the contact or association

               (h)

               Means of communication used, such as telephone (static/mobile), fax, pager, electronic mail, postal addresses, Internet connection(s)

               (i)

               Means of transport used, such as vehicles, boats, aircraft, including information identifying these means of transport (registration numbers)

               (j)

               Information relating to criminal activities for which Europol has competence under Article 4 of the Europol Decision:

                           1.

                           Previous convictions

                           2.

                           Suspected involvement in criminal activities

                           3.

                              Modi operandi

                           4.

                           Means which were or may be used to prepare and/or commit crimes

                           5.

                           Membership of criminal groups/organisations and position in the group/organisation

                           6.

                           Role in the criminal organisation

                           7.

                           Geographical range of criminal activities

                           8.

                           Material gathered in the course of an investigation, such as video and photographic images

               (k)

               References to other databases in which information on the person is stored:

                           1.

                           Europol

                           2.

                           Police/customs agencies

                           3.

                           Other enforcement agencies

                           4.

                           International organisations

                           5.

                           Public entities

                           6.

                           Private entities

               (l)

               Information on legal persons associated with the data referred to in points (e) and (j):

                           1.

                           Designation of the legal person

                           2.

                           Location

                           3.

                           Date and place of establishment

                           4.

                           Administrative registration number

                           5.

                           Legal form

                           6.

                           Capital

                           7.

                           Area of activity

                           8.

                           National and international subsidiaries

                           9.

                           Directors

                           10.

                           Links with banks.

         3.   ‘Contacts and associates’, as referred to in Article 14(1)(d) of the Europol Decision, are persons through whom there is sufficient reason to believe that information, which relates to the persons referred to in paragraph 2 of this Article and which is relevant for the analysis, can be gained, provided they are not included in one of the categories of persons referred to in paragraphs 2, 4, 5 or 6. ‘Contacts’ are those persons who have sporadic contact with the persons referred to in paragraph 2. ‘Associates’ are those persons who have regular contact with the persons referred to in paragraph 2.
   In relation to contacts and associates, the data pursuant to paragraph 2 may be stored as necessary, provided there is reason to assume that such data are required for the analysis of the role of such persons as contacts or associates.
   In this context, the following shall be observed:

               (a)

               the relationship of these persons with the persons referred to in Article 14(1)(a) of the Europol Decision shall be clarified as soon as possible;

               (b)

               if the assumption that a relationship exists between these persons and the persons referred to in Article 14(1)(a) of the Europol Decision turns out to be unfounded, the data shall be deleted without delay;

               (c)

               if such persons are suspected of committing an offence for which Europol has competence under Article 4 of the Europol Decision, or have been convicted for such an offence, or if there are factual indications or reasonable grounds under the national law of the Member State concerned to believe that they will commit such an offence, all data pursuant to paragraph 2 may be stored;

               (d)

               data on contacts and associates of contacts as well as data on contacts and associates of associates shall not be stored, with the exception of data on the type and nature of their contacts or associations with the persons referred to in paragraph 2;

               (e)

               if a clarification pursuant to the previous points is not possible, this shall be taken into account when deciding on the need and the extent of storage for further analysis.

         4.   With regard to persons who, as referred to in Article 14(1)(c) of the Europol Decision, have been the victims of one of the offences under consideration or who, certain facts give reason to believe, could be the victims of such an offence, data referred to in paragraph 2(a)(1) to 2(c)(3) of this Article, as well as the following categories of data, may be stored:

               (a)

               Victim identification data;

               (b)

               Reason for victimisation;

               (c)

               Damage (physical/financial/psychological/other);

               (d)

               Whether anonymity is to be guaranteed;

               (e)

               Whether participation in a court hearing is possible;

               (f)

               Crime-related information provided by or through persons referred to in Article 14(1)(c) of the Europol Decision, including information on their relationship with other persons, where necessary, to identify the persons referred to in Article 12(1) of the Europol Decision.

         Other data pursuant to paragraph 2 may be stored as necessary, provided there is reason to assume that they are required for the analysis of a person’s role as victim or potential victim.
   Data not required for any further analysis shall be deleted.
   5.   With regard to persons who, as referred to in Article 14(1)(b) of the Europol Decision, might be called on to testify in investigations in connection with the offences under consideration or in subsequent criminal proceedings, data referred to in paragraph 2(a)(1) to 2(c)(3) of this Article as well as categories of data complying with the following criteria, may be stored:

               (a)

               crime-related information provided by such persons, including information on their relationship with other persons included in the analysis work file;

               (b)

               whether anonymity is to be guaranteed;

               (c)

               whether protection is to be guaranteed and by whom;

               (d)

               new identity;

               (e)

               whether participation in a court hearing is possible.

         Other data pursuant to paragraph 2 may be stored as necessary, provided there is reason to assume that they are required for the analysis of such persons’ role as witnesses.
   Data not required for any further analysis shall be deleted.
   6.   With regard to persons who, as referred to in Article 14(1)(e) of the Europol Decision, can provide information on the criminal offences under consideration, data referred to in paragraph 2(a)(1) to 2(c)(3) of this Article may be stored, as well as categories of data complying with the following criteria:

               (a)

               coded personal details;

               (b)

               type of information supplied;

               (c)

               whether anonymity is to be guaranteed;

               (d)

               whether protection is to be guaranteed and by whom;

               (e)

               new identity;

               (f)

               whether participation in court hearing is possible;

               (g)

               negative experiences;

               (h)

               rewards (financial/favours).

         Other data pursuant to paragraph 2 may be stored as necessary, provided there is reason to assume that they are required for the analysis of such persons’ role as informants.
   Data not required for any further analysis shall be deleted.
   7.   If, at any moment during the course of an analysis, it becomes clear on the basis of serious and corroborating indications that a person included in an analysis work file should be placed under a different category of persons, as defined in this Article, from the category in which that person was initially placed, Europol may process only the data on that person which is permitted under that new category, and all other data shall be deleted.
   If, on the basis of such indications, it becomes clear that a person should be included in two or more different categories as defined in this Article, all data allowed under such categories may be processed by Europol.
   Article 7
   Time-limits for examination and the duration of storage
   1.   When a decision is taken on whether personal data should continue to be stored under Article 6 of these rules, in accordance with Article 20 of the Europol Decision, the interests of Europol in performing its tasks shall be weighed against the legitimate data protection interests of the data subject concerning whom data are stored.
   The need for continued storage of all personal data included in an analysis work file shall be reviewed, in accordance with Article 20 of the Europol Decision, no later than three years after the input or latest review of the data. Notwithstanding this review, the need for continued storage shall be reviewed if circumstances arise which suggest that the data have to be deleted or corrected.
   The review shall take account of the need to retain data in the light of the conclusion of an enquiry into a particular case; a final judicial decision – in particular an acquittal, a rehabilitation order, a spent conviction, and an amnesty – the age of the data subject and the particular categories of data.
   2.   In accordance with Article 16(3) of the Europol Decision, Europol shall review the need for the continuation of an analysis work file. On the basis of that review, a decision shall be taken by the Director on the continuation or closure of the file. The Management Board and the Joint Supervisory Body shall immediately be informed by the Director of the elements in the file justifying the strict need for its continuation.
   3.   Where criminal proceedings against persons referred to in Article 6(2) are concluded, without the possibility of appeal, either by a court decision or otherwise, and that decision is notified to Europol by the Member State or third party concerned, Europol shall verify whether the data affected by such decision may still be stored, modified or used. If it can be assumed from the reasons for the decision or from other intelligence that the person concerned has not, or not unlawfully, committed the offence, or if the reasons for the decision leave this question open, the data affected by this decision shall be deleted, unless there are substantial grounds for assuming that they are still relevant for the purpose of the analysis work file. In that case, information concerning the court decision shall be added to the data already included in the file. Furthermore, these data may be processed and kept only with due respect for the context and the pronouncement of the aforementioned decision and to the rights it gives to the person concerned.
   4.   Personal data may not be retained for a period which is longer than that referred to in Article 20(1) of the Europol Decision. Where, as a consequence of the continuation of the analysis file, data concerning persons referred to in Article 6(3) to 6(6) are stored in a file for a period exceeding five years, the Joint Supervisory Body referred to in Article 34(1) of the Europol Decision shall be informed accordingly.
   5.   If, during the course of a review of Europol’s activities by the Joint Supervisory Body it is discovered that personal data are being kept in violation of these rules, the Joint Supervisory Body shall inform the Director of this as it deems necessary, in accordance with Article 34(4) of the Europol Decision.
   When the Joint Supervisory Body, in accordance with Article 34(4) of the Europol Decision, has referred a matter concerning the storage, processing or use of personal data to the Management Board, the transmission of the data concerned shall be prohibited without prior authorisation of the Management Board. In exceptional cases, the Director may authorise the transmission of that data prior to approval by the Management Board, where this is considered to be absolutely necessary to safeguard the essential interests of the Member States concerned which are within the scope of Europol’s objectives, or in the interest of preventing imminent danger associated with crime or terrorist offences. In such cases, the authorisation by the Director shall be set out in a document, which shall be forwarded to the Management Board and the Joint Supervisory Body.
   Article 8
   Association of third parties
   Europol may associate experts of institutions, bodies, offices and agencies, as referred to in Article 22(1) of the Europol Decision, and experts of third States and organisations, as referred to in Article 23(1) of that Decision, with the activities of an analysis group under the conditions laid down in Article 14(8) of that Decision.
   The Director shall conclude an arrangement with any of the entities referred to in the first subparagraph in accordance with the rules governing such arrangements, as determined by the Management Board. Details of these arrangements shall be sent to the Management Board and the Joint Supervisory Board. The Joint Supervisory Board may address any comments it deems necessary to the Management Board.
   Article 9
   Collection and recording of data
   Data stored in files for analysis purposes shall be distinguished according to the assessment grading of the source and the degree of accuracy or reliability of the information, in accordance with Article 11. Data based on facts shall be distinguished from data based on opinions or personal assessments.
   Article 10
   Internal data protection
   The Director shall take the measures needed to ensure compliance with these rules and with other data protection provisions. To this end, the Director shall seek the advice of the Data Protection Officer, as referred to in Article 28 of the Europol Decision.
   CHAPTER II

      CLASSIFICATION

   Article 11
   Classes of analysis work files
   Analysis work files may be:

               (a)

               general or strategic, where the aim is to process relevant information concerning a particular problem or to develop or improve initiatives by the competent authorities, as defined in Article 3 of the Europol Decision;

               (b)

               operational, where the aim is to obtain information on one or more of the criminal activities referred to in Article 3 of the Europol Decision, which relates to a case, person or organisation, in order to commence, assist or conclude, in accordance with Article 14(2) of the Europol Decision, bilateral or multilateral investigations of an international nature, provided that two or more Member States are among the parties concerned.

         Article 12
   Assessment of the source and of the information
   1.   The source of information originating from a Member State shall be assessed as far as possible by the Member State supplying the information using the following source evaluation codes:

               (A)

               :

               where there is no doubt as to the authenticity, trustworthiness and competence of the source, or if the information is supplied by a source which has proved to be reliable in all instances;

               (B)

               :

               where the information is supplied by a source which has in most instances proved to be reliable;

               (C)

               :

               where the information is supplied by a source which has in most instances proved to be unreliable;

               (X)

               :

               where the reliability of the source cannot be assessed.

         2.   Information originating from a Member State shall be assessed as far as possible by the Member State supplying the information on the basis of its reliability using the following information evaluation codes:

               (1)

               :

               information the accuracy of which 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.

         3.   If Europol, on the basis of information already in its possession, comes to the conclusion that the assessment needs to be corrected, it shall inform the Member State concerned and seek to agree on an amendment to the assessment. Europol shall not change the assessment without such agreement.
   4.   If Europol receives data or information from a Member State without an assessment, Europol 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. The assessment of specific data and information must take place in agreement with the supplying Member State. A Member State and Europol may also agree in general terms on the assessment of specified types of data and specified sources. The Management Board shall be informed of such general agreements. If data have been supplied to Europol on the basis of such general agreements, this shall be noted with the data.
   If no agreement is reached in a specific case, or no agreement in general terms exists, Europol shall evaluate the information or data and shall attribute to such information or data the evaluation codes (X) and (4), referred to in paragraphs 1 and 2 respectively.
   5.   If Europol receives data or information from a third party, this Article shall apply accordingly.
   6.   Where information included in an analysis work file is the result of an analysis, Europol shall assess such information in accordance with this Article, and in agreement with the Member States participating in the analysis.
   CHAPTER III

      RULES FOR THE USE OF ANALYSIS WORK FILES AND ANALYSIS DATA

   Article 13
   Opening analysis work files
   1.   Analysis work files shall be opened at Europol’s initiative or at the request of the Member States supplying the data, in accordance with the procedure established in Article 16 of the Europol Decision.
   2.   The Management Board may invite representatives of the Joint Supervisory Body to take part in its discussions on the orders opening analysis work files.
   3.   In accordance with Article 16(2) of the Europol Decision, analysis activities and the dissemination of analysis results may begin immediately after the analysis file has been opened. Should the Management Board instruct the Director to amend an opening order or close the file in accordance with Article 16(4) of the Europol Decision, data which may not be included in the file or, if the file is to be closed, all data contained in that file, shall be deleted immediately.
   4.   If, during the course of an analysis, it becomes necessary to amend the order opening the analysis work file, the procedures outlined in Article 16 of the Europol Decision and this Article shall apply accordingly.
   Article 14
   Retrieval of data
   1.   In accordance with Article 14(2)(b) of the Europol Decision, the retrieval of data by participants of the analysis project shall only be granted after they have been accredited by Europol and following a training on their specific obligations under the Europol legal framework.
   2.   In accordance with the second subparagraph of Article 14(2) of the Europol Decision, all participants of the analysis group may retrieve data from the file. The analysis group shall decide unanimously on the extent to which such retrieval may take place and any conditions and restrictions that apply.
   Article 15
   Transmission of data or information held in analysis work files
   1.   The transmission of personal data contained in analysis work files to any Member State or third party shall be recorded in the file concerned.
   In collaboration with the Member State or third party which has provided the data, Europol shall, where necessary and no later than at the time of transmission, check that the data are accurate and consistent with the Europol Decision.
   As far as possible, all communications shall indicate judicial decisions, as well as decisions not to prosecute. Before data based on opinions or personal assessments are transmitted and their degree of accuracy or reliability indicated, such data shall be checked in cooperation with the Member State or third party which supplied them.
   The recipient Member State shall inform the Member State transmitting the data, at the latter’s request, of the use made of the data transmitted and the results subsequently obtained, where the national legislation of the recipient Member State so allows.
   Should there be any restrictions on the use of data under Article 19 of the Europol Decision, such restrictions shall be recorded with the data, and the recipients of analysis results shall be informed thereof.
   2.   In accordance with Article 14(7) of the Europol Decision, in cases in which Europol finds, after the time of inclusion of data in an analysis work file, that those data relate to a person or object on which data submitted by another Member State or third party was already input in the file, each Member State or third party concerned shall be informed immediately of the link identified.
   Article 16
   Control procedures
   In order to meet the data security requirements laid down in Article 35 of the Europol Decision and to provide assurance over the secure processing of data within the meaning of these rules, the Management Board shall accredit the analysis system, in accordance with Article 8 of the Rules on the Confidentiality of Europol Information adopted by Council Decision 2009/…/JHA of 30 November 2009 (2) after prior consultation of the Security Committee, as foreseen in Article 4(2) of those rules. The accreditation shall be granted on the basis of System Specific Security Requirements and other security documentation deemed necessary by the Management Board.
   Article 17
   Use and storage of analysis data and analysis results
   1.   All personal data and analysis results transmitted from an analysis work file may only be used in accordance with the purpose of the file or for the purposes of preventing and combating other serious forms of crime, and shall be in accordance with any restrictions on use as specified by a Member State on the basis of Article 19(2) of the Europol Decision. The data referred to in Article 5(2) of these rules may be transmitted only by agreement with the Member State which supplied such data.
   2.   After an analysis work file is closed, all data contained in that file shall be stored by Europol in a separate file, which shall only be accessible for the purposes of internal or external control. Without prejudice to Article 20(4) of the Europol Decision, such data shall not be kept for longer than 18 months after the analysis work file is closed.
   3.   The results of an analysis work file may be stored by Europol in electronic form for a maximum period of three years from the date the relevant file is closed, provided they are stored in a separate file, and no new data are added to them. After this period, the results may be stored only in the form of a paper document.
   Article 18
   Combination of files and communication between files
   1.   Where it becomes apparent that information contained in an analysis work file may also be relevant for different analysis work files, the following procedures shall be followed:

               (a)

               where a complete combination of the information in two files is proposed, a new file containing all the information in both files shall be established in accordance with Article 16 of the Europol Decision. The decision to combine the two files shall be reached by all the participants in both the original files. In that case, the original files shall be closed;

               (b)

               where some of the information in one file is relevant to another file, the providers of that information shall decide whether or not this information may be communicated to the latter file.

         2.   In the circumstances referred to in paragraph 1, the time-limits for the review of data communicated from one analysis work file to another shall not be affected by such transfer.
   Article 19
   New technical means
   New technical means for processing data for analysis purposes may be introduced only if all reasonable measures for ensuring that their use is consistent with the rules on the protection of personal data applicable to Europol have been adopted. The Director shall consult the Joint Supervisory Body in advance in all cases where the introduction of such technical means raises problems for the application of these data protection rules.
   CHAPTER IV

      FINAL PROVISIONS

   Article 20
   Review of the rules
   By 1 January 2013, these rules shall be evaluated under the supervision of the Management Board.
   Any proposals for amendments to these rules shall be considered by the Management Board with a view to their adoption by the Council in accordance with the procedure provided for in the third subparagraph of Article 14(1) of the Europol Decision.
   Article 21
   Entry into force
   These rules shall enter into force on 1 January 2010.

      Done at Brussels, 30 November 2009.

            For the Council

            The President

         B. ASK

      (1)  OJ L 121, 15.5.2009, p. 37.

      (2)  Not yet published in the Official Journal.


Important legal notice

|

52007BP0123(01)

1. European Parliament decision of 24 April 2007 on the discharge for the implementation of the budget of the European Maritime Safety Agency for the financial year 2005 (C6-0397/2006 - 2006/2164(DEC))

Official Journal 074 E , 20/03/2008 P. 0244 - 0245

		1.European Parliament decision of 24 April 2007 on the discharge for the implementation of the budget of the European Maritime Safety Agency for the financial year 2005 (C6-0397/2006 — 2006/2164(DEC))The European Parliament,- having regard to the final annual accounts of the European Maritime Safety Agency for the financial year 2005 [1],- having regard to the Court of Auditors' report on the final annual accounts of the European Maritime Safety Agency for the financial year 2005, together with the Agency's replies [2],- having regard to the Council's recommendation of 27 February 2007 (5711/2007 — C6-0080/2007),- having regard to the EC Treaty, and in particular Article 276 thereof,- having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities [3], and in particular Article 185 thereof,- having regard to Regulation (EC) No 1406/2002 of the European Parliament and of the Council of 27 June 2002 establishing a European Maritime Safety Agency [4], and in particular Article 19 thereof,- having regard to the Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 [5], and in particular Article 94 thereof,- having regard to Rule 71 of and Annex V to its Rules of Procedure,- having regard to the Report of the Committee on Budgetary Control and the opinion of the Committee on Transport and Tourism (A6-0114/2007),1. Grants to the executive director of the European Maritime Safety Agency discharge for the implementation of the Agency's budget for the financial year 2005;2. Sets out its observations in the resolution below;3. Instructs its President to forward this decision and the resolution that forms an integral part of it to the executive director of the European Maritime Safety Agency, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).[1] OJ C 266, 31.10.2006, p. 13.[2] OJ C 312, 19.12.2006, p. 30.[3] OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).[4] OJ L 208, 5.8.2002, p. 1. Regulation as last amended by Regulation (EC) No 1891/2006 (OJ L 394, 30.12.2006, p. 1).[5] OJ L 357, 31.12.2002, p. 72.--------------------------------------------------


title: 2009/725/EC,Euratom: Council Decision of 30 September 2009 appointing a new Member of the Commission of the European Communities

text:
               1.10.2009

               EN

               Official Journal of the European Union

               L 258/26

      COUNCIL DECISION

   of 30 September 2009
   appointing a new Member of the Commission of the European Communities
   (2009/725/EC, Euratom)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular the second paragraph of Article 215 thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 128 thereof,
   Whereas, in a letter dated 21 September 2009, Mr Ján FIGEĽ resigned from his post as a Member of the Commission with effect from 1 October 2009. He should be replaced for the remainder of his term of office,
   HAS DECIDED AS FOLLOWS:
   Article 1
   Mr Maroš ŠEFČOVIČ is hereby appointed a Member of the Commission for the period from 1 October 2009 to 31 October 2009.
   Article 2
   This Decision shall take effect on 1 October 2009.
   Article 3
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 30 September 2009.

            For the Council

            The President

         C. BILDT


Avis juridique important

|

32003D0927(01)

Council Decision of 22 September 2003 appointing the members of the Advisory Committee of the Euratom Supply Agency

Official Journal C 232 , 27/09/2003 P. 0001 - 0002

Council Decisionof 22 September 2003appointing the members of the Advisory Committee of the Euratom Supply Agency(2003/C 232/01)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second and third subparagraphs of Article 54 thereof,Having regard to Article X of the Statutes of the Euratom Supply Agency(1),Having regard to Council Decision of 14 June 1999 appointing the members of the Advisory Committee of the Euratom Supply Agency(2),Having regard to the opinion of the Commission,Whereas:(1) The term of office of the members of the Advisory Committee of the Euratom Supply Agency expired on 28 March 2003.(2) The members of the Committee for the period from 29 March 2003 to 28 March 2005 should be appointed, having regard to the nominations submitted by the Governments of the Members States,HAS DECIDED AS FOLLOWS:Sole ArticleThe following persons are hereby appointed members of the Advisory Committee of the Euratom Supply Agency:>TABLE>Done at Brussels, 22 September 2003.For the CouncilThe President(1) OJ 27, 6.12.1958, p. 534/58. Statutes, as last amended by Decision 95/1/EC/Euratom/ECSC (OJ L 1, 1.1.1995, p. 1).(2) OJ L 186, 2.7.1999, p. 1.


Avis juridique important

|

31981D0379

81/379/EEC: Council Decision of 19 May 1981 appointing a full member of the Advisory Committee on Social Security for Migrant Workers

Official Journal L 149 , 06/06/1981 P. 0031 - 0031

****( 1 ) OJ NO L 149 , 5 . 7 . 1971 , P . 2 .        COUNCIL DECISION   OF 19 MAY 1981   APPOINTING A FULL MEMBER OF THE ADVISORY COMMITTEE ON SOCIAL SECURITY FOR MIGRANT WORKERS  ( 81/379/EEC )   THE COUNCIL OF THE EUROPEAN COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 1408/71 OF 14 JUNE 1971 ON THE APPLICATION OF SOCIAL SECURITY SCHEMES TO EMPLOYED PERSONS AND THEIR FAMILIES MOVING WITHIN THE COMMUNITY ( 1 ), AND IN PARTICULAR ARTICLE 82 THEREOF ,   HAVING REGARD TO THE COUNCIL DECISION OF 15 OCTOBER 1979 APPOINTING THE MEMBERS AND ALTERNATE MEMBERS OF THE ADVISORY COMMITTEE ON SOCIAL SECURITY FOR MIGRANT WORKERS FOR THE PERIOD ENDING 14 OCTOBER 1981 ,   WHEREAS ONE SEAT AS FULL MEMBER OF THE AFORESAID COMMITTEE IN THE WORKERS '  REPRESENTATIVES '  CATEGORY HAS FALLEN VACANT FOLLOWING THE DEATH OF MR VOGNBJERG , NOTIFIED TO THE COUNCIL ON 30 APRIL 1981 ,   HAVING REGARD TO THE NOMINATION SUBMITTED ON 30 APRIL 1981 ,   HAS DECIDED AS FOLLOWS :   SOLE ARTICLE   MR ERIK BALLE IS HEREBY APPOINTED A FULL MEMBER OF THE ADVISORY COMMITTEE ON SOCIAL SECURITY FOR MIGRANT WORKERS IN PLACE OF MR VOGNBJERG FOR THE REMAINDER OF HIS TERM OF OFFICE , WHICH RUNS UNTIL 14 OCTOBER 1981 .   DONE AT BRUSSELS , 19 MAY 1981 .   FOR THE COUNCIL   THE PRESIDENT   D . F . VAN DER MEI


title: Council Decision of 22 February 2010 appointing members of the European Social Fund Committee

text:
               3.3.2010

               EN

               Official Journal of the European Union

               C 53/2

         COUNCIL DECISION
   of 22 February 2010
   appointing members of the European Social Fund Committee
   2010/C 53/02
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 163 thereof,
   Having regard to Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1260/1999 (1), and in particular Article 104(3) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               Under Council Decision 2007/C 52/06 of 16 February 2007 appointing the membership of the European Social Fund Committee (2) (hereinafter ‘Committee’), the term of office of the members and alternate members of this Committee expired on 31 December 2009.

               (2)

               In accordance with Article 104(2) of Regulation (EC) No 1083/2006, the Member States, with the exception of Slovenia, have submitted their nominations for each category of representatives referred to in Article 104(1) of this Regulation and their alternates.

               (3)

               Pending the missing nominations by Slovenia, the representatives and the alternates already nominated should be appointed for a period of three years,

         HAS ADOPTED THIS DECISION:
   Article 1
   The persons listed in the Annex are hereby appointed members and alternate members of the European Social Fund Committee for the period from 1 January 2010 to 31 December 2012.
   Article 2
   This Decision shall be published, for information, in the Official Journal of the European Union.

      Done at Brussels, 22 February 2010.

            For the Council

            The President

         E. ESPINOSA

      (1)  OJ L 210, 31.7.2006, p. 25.

      (2)  OJ C 52, 7.3.2007, p. 5.

      ANNEX

                  Member State

                  Representing

                  Member

                  Name

                  Belgium

                  Government

                  Member

                  Mr Louis VERVLOET

                  Government

                  Alternate

                  Ms Viviane DE BEULE

                  Employers

                  Member

                  Ms Sonja KOHNENMERGEN

                  Employers

                  Alternate

                  Mr Werner ABELSHAUSEN

                  Trade Union

                  Member

                  Mr Hervé DECUYPER

                  Trade Union

                  Alternate

                  Ms Vera DOS SANTOS COSTA

                  Bulgaria

                  Government

                  Member

                  Ms Zornitza RUSINOVA

                  Government

                  Alternate

                  Ms Maria DIMITROVA

                  Employers

                  Member

                  Mr Boyko NEDYALKOV

                  Employers

                  Alternate

                  Mr Dimitar BRANKOV

                  Trade Union

                  Member

                  Mr Plamen DIMITROV

                  Trade Union

                  Alternate

                  Mr Dimitar MANOLOV

                  Czech Republic

                  Government

                  Member

                  Ms Iva ŠOLCOVÁ

                  Government

                  Alternate

                  Ms Táňa PERGLOVÁ

                  Employers

                  Member

                  Ms Soňa VAN DEELENOVÁ

                  Employers

                  Alternate

                  Mr Miloslav ŠOLC

                  Trade Union

                  Member

                  Mr Pavel JANÍČKO

                  Trade Union

                  Alternate

                  Ms Hana MÁLKOVÁ

                  Denmark

                  Government

                  Member

                  Ms Pernille VON LILLIENSKJOLD

                  Government

                  Alternate

                  Mr Steen FREDERIKSEN

                  Employers

                  Member

                  Mr Henning GADE

                  Employers

                  Alternate

                  —

                  Trade Union

                  Member

                  Mr Klaus FARNOV

                  Trade Union

                  Alternate

                  Mr Jens KROGSTRUP

                  Germany

                  Government

                  Member

                  Mr Günter WINKLER

                  Government

                  Alternate

                  Ms Inken KLASSEN

                  Employers

                  Member

                  Mr Anton BAUCH

                  Employers

                  Alternate

                  Mr Jürgen WUTTKE

                  Trade Union

                  Member

                  Ms Inge KAUFMANN

                  Trade Union

                  Alternate

                  Mr Hermann NEHLS

                  Estonia

                  Government

                  Member

                  Mr Margus HAIDAK

                  Government

                  Alternate

                  Ms Merlin TATRIK

                  Employers

                  Member

                  Ms Kristina TÄHT

                  Employers

                  Alternate

                  Ms Eve PÄÄRENDSON

                  Trade Union

                  Member

                  Ms Kaja TOOMSALU

                  Trade Union

                  Alternate

                  Ms Mare VIIES

                  Ireland

                  Government

                  Member

                  Mr Vincent LANDERS

                  Government

                  Alternate

                  Mr Tom WHELAN

                  Employers

                  Member

                  Ms Kara McGANN

                  Employers

                  Alternate

                  Ms Heidi LOUGHEED

                  Trade Union

                  Member

                  Ms Esther LYNCH

                  Trade Union

                  Alternate

                  —

                  Greece

                  Government

                  Member

                  Mr Christos DIKOS

                  Government

                  Alternate

                  Ms Konstantina MICHOPOYLOY

                  Employers

                  Member

                  Mr Lambros PAPAIOANNOU

                  Employers

                  Alternate

                  Ms Ekaterini DASKALAKI

                  Trade Union

                  Member

                  Mr Dimitrios TSOUKALAS

                  Trade Union

                  Alternate

                  Mr Vasilios PAPADOGAMVROS

                  Spain

                  Government

                  Member

                  Mr Carlos TORTUERO MARTÍN

                  Government

                  Alternate

                  Mr David GARCIA LÓPEZ

                  Employers

                  Member

                  Mr Juan MENÉNDEZ-VALDÉS ÁLVAREZ

                  Employers

                  Alternate

                  Ms Cristina REGALADO MARTÍN

                  Trade Union

                  Member

                  Ms Ana MICÓ MAESTRE

                  Trade Union

                  Alternate

                  Ms Ana HERMOSO CANOURA

                  France

                  Government

                  Member

                  Ms Corinne VAILLANT

                  Government

                  Alternate

                  Mr Laurent SENN

                  Employers

                  Member

                  Mr Christophe CORIOU

                  Employers

                  Alternate

                  Ms Natacha MARQUET

                  Trade Union

                  Member

                  Ms Cécile COTTEREAU

                  Trade Union

                  Alternate

                  Mr Alain ALPHON-LAYRE

                  Italy

                  Government

                  Member

                  Ms Matilde MANCINI

                  Government

                  Alternate

                  Ms Alessandra TOMAI

                  Employers

                  Member

                  Mr Claudio GENTILI

                  Employers

                  Alternate

                  Ms Silvia CIUFFINI

                  Trade Union

                  Member

                  Mr Luigi VELTRO

                  Trade Union

                  Alternate

                  Ms Giulia TAVERNESE

                  Cyprus

                  Government

                  Member

                  Mr Alexandros ALEXANDROU

                  Government

                  Alternate

                  Ms Antzela DROUSSIOTOU

                  Employers

                  Member

                  Mr Emilios MICHAEL

                  Employers

                  Alternate

                  Ms Maria STYLIANOU

                  Trade Union

                  Member

                  Mr Nicos GREGORIOU

                  Trade Union

                  Alternate

                  Mr Andreas MATSAS

                  Latvia

                  Government

                  Member

                  Ms Kristīne DORTĀNE

                  Government

                  Alternate

                  Ms Elīna DRĀZNIECE

                  Employers

                  Member

                  Ms Inese STEPIŅA

                  Employers

                  Alternate

                  Ms Ilona KIUKUCĀNE

                  Trade Union

                  Member

                  Ms Linda ROMELE

                  Trade Union

                  Alternate

                  Ms Liene LIEKNA

                  Lithuania

                  Government

                  Member

                  Mr Ramūnas DILBA

                  Government

                  Alternate

                  Ms Nijolė MACKEVIČIENĖ

                  Employers

                  Member

                  Mr Vaidotas LEVICKIS

                  Employers

                  Alternate

                  Mr Mykolas ALELIŪNAS

                  Trade Union

                  Member

                  Ms Irena PETRAITIENĖ

                  Trade Union

                  Alternate

                  Ms Janina ŠVEDIENĖ

                  Luxembourg

                  Government

                  Member

                  Ms Patrice FURLANI

                  Government

                  Alternate

                  Mr Daniel CODELLO

                  Employers

                  Member

                  Mr Romain LANNERS

                  Employers

                  Alternate

                  Mr François ENGELS

                  Trade Union

                  Member

                  Ms Carole BIVER

                  Trade Union

                  Alternate

                  Mr Nico CLEMENT

                  Hungary

                  Government

                  Member

                  Ms Renáta TÓTH

                  Government

                  Alternate

                  Ms Katalin SZATMÁRI

                  Employers

                  Member

                  Ms Terézia BOROSNÉ BARTHA

                  Employers

                  Alternate

                  Mr László KRISÁN

                  Trade Union

                  Member

                  Ms Erzsébet HANTI

                  Trade Union

                  Alternate

                  Mr László KOZÁK

                  Malta

                  Government

                  Member

                  Ms Jeanette BUSUTTIL

                  Government

                  Alternate

                  Ms Loredana D'ARRIGO

                  Employers

                  Member

                  Mr Paul ABELA

                  Employers

                  Alternate

                  Mr Pierre FAVA

                  Trade Union

                  Member

                  Mr Robert BORG

                  Trade Union

                  Alternate

                  Mr William PORTELLI

                  Netherlands

                  Government

                  Member

                  Ms Alieke KOOPMAN

                  Government

                  Alternate

                  Ms Paula LOEKEMEIJER

                  Employers

                  Member

                  Mr André VAN DER LEEST

                  Employers

                  Alternate

                  Mr C. SCHOENMAKERS

                  Trade Union

                  Member

                  Ms I.D.C.M. COENEN

                  Trade Union

                  Alternate

                  Mr W.J.F. MUIS

                  Austria

                  Government

                  Member

                  Ms Petra DRAXL

                  Government

                  Alternate

                  Ms Ulrike REBHANDL

                  Employers

                  Member

                  Ms Anna Katharina HUBER

                  Employers

                  Alternate

                  Mr Wolfgang TRITREMMEL

                  Trade Union

                  Member

                  Mr Franz FRIEHS

                  Trade Union

                  Alternate

                  Ms Silvia HOFBAUER

                  Poland

                  Government

                  Member

                  Mr Paweł CHORĄŻY

                  Government

                  Alternate

                  Ms Dorota BORTNOWSKA

                  Employers

                  Member

                  Mr Norbert PRUSZANOWSKI

                  Employers

                  Alternate

                  Mr Marek RADECKI

                  Trade Union

                  Member

                  Ms Agata BARANOWSKA-GRYCUK

                  Trade Union

                  Alternate

                  Ms Grazyna ROZANEK

                  Portugal

                  Government

                  Member

                  Ms Rosa Maria SIMÕES DA SILVA

                  Government

                  Alternate

                  Ms Maria DO CARMO ABREU

                  Employers

                  Member

                  Ms Clara GUERREIRO

                  Employers

                  Alternate

                  Ms Adília LISBOA

                  Trade Union

                  Member

                  Mr António Luís FERREIRA CORREIA

                  Trade Union

                  Alternate

                  Mr Tiago M. P. SIMÕES DA CUNHA

                  Romania

                  Government

                  Member

                  Ms Cristina IOVA

                  Government

                  Alternate

                  Ms Daniela NEDELCU

                  Employers

                  Member

                  Ms Mariana KNIESNER

                  Employers

                  Alternate

                  Ms Carmen IONESCU

                  Trade Union

                  Member

                  Mr Ovidiu NICOLESCU

                  Trade Union

                  Alternate

                  Mr Dragoș MIHALACHE

                  Slovenia

                  Government

                  Member

                  Ms Blanka MARKOJA

                  Government

                  Alternate

                  —

                  Employers

                  Member

                  —

                  Employers

                  Alternate

                  —

                  Trade Union

                  Member

                  —

                  Trade Union

                  Alternate

                  —

                  Slovakia

                  Government

                  Member

                  Mr Juraj ŤAPÁK

                  Government

                  Alternate

                  Ms Miriam KOVÁČIKOVÁ

                  Employers

                  Member

                  Mr Daniel HRDINA

                  Employers

                  Alternate

                  Mr Martin HOŠTÁK

                  Trade Union

                  Member

                  Ms Naile PROKEŠOVÁ

                  Trade Union

                  Alternate

                  Mr Milan BUŠO

                  Finland

                  Government

                  Member

                  Ms Eeva-Liisa KOIVUNEVA

                  Government

                  Alternate

                  Ms Sirpa LILJESTRÖM

                  Employers

                  Member

                  Ms Riitta WÄRN

                  Employers

                  Alternate

                  Mr Mikko RÄSÄNEN

                  Trade Union

                  Member

                  Ms Auli KORHONEN

                  Trade Union

                  Alternate

                  Mr Lauri KORKEAOJA

                  Sweden

                  Government

                  Member

                  Ms Ann-Christine GULLESJÖ

                  Government

                  Alternate

                  Mr Håkan FORSBERG

                  Employers

                  Member

                  Mr Gunnar ANDERZON

                  Employers

                  Alternate

                  Mr Farbod REZANIA

                  Trade Union

                  Member

                  Ms Filis SIGALA

                  Trade Union

                  Alternate

                  Ms Charlotta KRAFFT

                  United Kingdom

                  Government

                  Member

                  Ms Wendy VIOLENTANO

                  Government

                  Alternate

                  Mr Ken LAMBERT

                  Employers

                  Member

                  Mr Martin MORTON

                  Employers

                  Alternate

                  Mr Guy BAILEY

                  Trade Union

                  Member

                  Mr Alan MANNING

                  Trade Union

                  Alternate

                  Mr Joe FEARNEHOUGH