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«Brussels, 27.3.2013 COM(2013) 173 final 2013/0091 (COD) Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the European Union ...»

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(50) Given the nature of the duties of Europol and the role of the Executive Director, the Executive Director may be invited to make a statement to and to answer questions from the competent committee of the European Parliament before his appointment, as well as before any extension of his term of office. The Executive Director should also present the annual report to the European Parliament and to the Council. Furthermore, the European Parliament should be able to invite the Executive Director to report on the performance of his duties.

(51) To guarantee the full autonomy and independence of Europol, it should be granted an autonomous budget, with revenue coming essentially from a contribution from the budget of the Union. The Union budgetary procedure should be applicable as far as the Union contribution and any other subsidies chargeable to the general budget of the Union are concerned. The auditing of accounts should be undertaken by the Court of Auditors.

(52) Regulation (EU, EURATOM) No 966/2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (the Financial Regulation)37 should apply to Europol.

(53) Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF)38 should apply to Europol.

OJ L 56, 4.3.1968, p. 1.

OJ L 298, 26.10.2012, p. 1.

EN EN (54) Europol processes data that require particular protection as they include EU classified information and sensitive non-classified information. Europol should therefore draw up rules on confidentiality and processing of such information, taking into account the basic principles and minimum standards laid down in Decision 2011/292/EU on the security rules for protecting EU classified information.39 (55) It is appropriate to evaluate the application of this Regulation regularly.

(56) The necessary provisions regarding accommodation for Europol in the Member State in which it has its headquarters, in the Netherlands, and the specific rules applicable to all Europol’s staff and members of their families should be laid down in a headquarters agreement. Furthermore, the host Member State should provide the best possible conditions to ensure the proper functioning of Europol, including schools for children and transport, so as to attract high-quality human resources from as wide a geographical area as possible.

(57) Europol, as set up by this Regulation replaces and succeeds Europol as established by Decision 2009/371/JHA and CEPOL as established by Decision 2005/681/JHA. It should therefore be a legal successor of all their contracts, including employment contracts, liabilities and properties acquired. International agreements concluded by Europol as established on the basis of Decision 2009/371/JHA and CEPOL as established on the basis of Decision 2005/681/JHA should remain in force, with the exception of the headquarters agreement concluded by CEPOL.

(58) To enable Europol to continue to fulfil the tasks of Europol as established on the basis of Decision 2009/371/JHA and CEPOL as established by Decision 2005/681/JHA to the best of its abilities, transitional measures should be laid down, in particular with regard to the Management Board, the Executive Director and ring-fencing part of Europol’s budget for training for three years following the entry into force of this Regulation.

(59) Since the objective of this Regulation, namely the establishment of an entity responsible for law-enforcement cooperation and training at Union level, cannot be sufficiently achieved by the Member States and can, therefore, by reason of the scale and effects of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity, as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary to achieve that objective.

(60) [In accordance with Article 3 of the Protocol (No 21) on the position of United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, those Member States have notified their wish to participate in the adoption and application of this Regulation] OR [Without prejudice to Article 4 of the Protocol (No 21) on the position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, those Member States will not participate in the adoption of this Regulation and will not be bound by or be subject to its application].

(61) In accordance with Articles 1 and 2 of the Protocol (No 22) on the position of Denmark annexed to the Treaty on European Union and the Treaty on the Functioning of the European

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EN EN (g) ‘private parties’ means entities and bodies established under the law of a Member State or a third country, in particular companies and firms, business associations, non-profit organizations and other legal persons that do not fall under point (f);

(h) ‘private persons’ means all natural persons;

(i) ‘personal data’ means any information relating to an identified or identifiable natural person hereinafter referred to as “data subject”; 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/her physical, physiological, mental, economic, cultural or social identity;





(j) ‘processing of personal data’ hereinafter referred to as ‘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;

(k) ‘recipient’ means a natural or legal person, public authority, agency or any other body to whom data are disclosed, whether a third party or not; however, authorities which may receive data in the framework of a particular inquiry shall not be regarded as recipients;

(l) ‘transfer of personal data’ means the communication of personal data, actively made available, between a limited number of identified parties, with the knowledge or intention of the sender to give the recipient access to the personal data;

(m) ‘personal data filing system’ hereinafter referred to as ‘filing system’ means any structured set of personal data which are accessible according to specific criteria, whether centralised, decentralised or dispersed on a functional or geographical basis;

(n) ‘the data subject’s consent’ means any freely given specific and informed indication of his/her wishes by which the data subject signifies his/her agreement to personal data relating to him/her being processed;

(o) ‘administrative personal data’ means all personal data processed by Europol apart from those that are processed to meet the objectives laid down in Article 3(1) and (2).

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EN EN (l) to develop Union centres of specialised expertise for combating certain types of crime falling under Europol’s objectives, in particular the European Cybercrime Centre.

2. Europol shall provide strategic analyses and threats assessments to assist the Council and the Commission in laying down strategic and operational priorities of the Union for fighting crime. Europol shall also assist in operational implementation of those priorities.

3. Europol shall provide strategic intelligence to assist the efficient and effective use of the resources available at national and Union level for operational activities and the support of those activities.

4. Europol shall act as the Central Office for combating euro counterfeiting in accordance with Decision 2005/511/JHA of 12 July 2005 on protecting the euro against counterfeiting.40 Europol shall also encourage the coordination of measures carried out to fight euro counterfeiting by the competent authorities of the Member States or in the context of joint investigation teams, where appropriate in liaison with Union bodies and the authorities of third countries.

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Article 7 Member States’ cooperation with Europol

1. Member States shall cooperate with Europol in the fulfilment of its tasks.

2. Each Member State shall establish or designate a National Unit which shall be the liaison body between Europol and the competent authorities in Member States as well as with training institutes for law enforcement officers. Each Member State shall appoint an official as the head of the National Unit.

3. Member States shall ensure that their National Units are able to fulfil their tasks as set out in this Regulation, in particular that they have access to national law enforcement databases.

4. Europol may directly cooperate with competent authorities of the Member States in respect of individual investigations. In that case, Europol shall inform the National Unit without delay and provide a copy of any information exchanged in the course of direct contacts between Europol and the respective competent authorities.

5. Member States shall, via their National Unit or a competent authority of a Member State, in

particular:

(a) supply Europol with the information necessary for it to fulfil its objectives. This includes providing Europol without delay with information relating to crime areas that are considered a priority by the Union. It also includes providing a copy of bilateral or multilateral exchanges with another Member State or Member States in so far as the exchange refers to crime that falls under Europol’s objectives;

(b) ensure effective communication and cooperation of all relevant competent authorities of the Member States and training institutes for law enforcement officers within the Member States, with Europol;

(c) raise awareness of Europol’s activities.

6. The heads of National Units shall meet on a regular basis, particularly to discuss and solve problems that occur in the context of their operational cooperation with Europol.

7. Each Member State shall define the organisation and the staff of the National Unit according to its national legislation.

8. The costs incurred by National Units and of the competent authorities in Member States in communications with Europol shall be borne by the Member States and, apart from the costs of connection, shall not be charged to Europol.

9. Member States shall ensure a minimum level of security of all systems used to connect to Europol.

10. Each year Europol shall draw up a report on the quantity and quality of information provided by each Member State pursuant to paragraph 5(a) and on the performance of its National Unit.

The annual report shall be sent to the European Parliament, the Council, the Commission and national parliaments.

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EN EN

3. Each member of the Management Board shall be represented by an alternate member who shall be appointed on the basis of his/her experience in the management of public and private sector organisations and knowledge of national policy on training for law enforcement officers. The alternate member shall act as a member on any issues related to training of law enforcement officers. The alternate member shall represent the member in his/her absence.

The member shall represent the alternate on any issues related to training of law enforcement officers in his/her absence.

4. All parties represented in the Management Board shall make efforts to limit the turnover of their representatives, to ensure continuity of the Management Board’s work. All parties shall aim to achieve a balanced representation between men and women on the Management Board.

5. The term of office for members and alternate members shall be four years. That term shall be extendable. Upon expiry of their term of office or in the event of their resignation, members shall remain in office until their appointments are renewed or until they are replaced.

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Article 15 Annual work programme and multi-annual work programme

1. The Management Board shall adopt the annual work programme the latest by 30 November each year, based on a draft put forward by the Executive Director, taking into account the opinion of the Commission. It shall forward it to the European Parliament, the Council, the Commission and national parliaments.

2. The annual work programme shall comprise detailed objectives and expected results including performance indicators. It shall also contain a description of the actions to be financed and an indication of the financial and human resources allocated to each action, in accordance with the principles of activity-based budgeting and management. The annual work programme shall be coherent with the multi-annual work programme referred to in paragraph 4. It shall clearly indicate tasks that have been added, changed or deleted in comparison with the previous financial year.

3. The Management Board shall amend the adopted annual work programme if a new task is given to Europol.

Any substantial amendment to the annual work programme shall be adopted by the same procedure as the initial annual work programme. The Management Board may delegate the EN EN power to make non-substantial amendments to the annual work programme to the Executive Director.

4. The Management Board shall also adopt the multi-annual work programme and update it by 30 November each year, taking into account the opinion of the Commission and after consulting the European Parliament and national parliaments.

The adopted multi-annual work programme shall be forwarded to the European Parliament, the Council, the Commission and national Parliaments.



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