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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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The multi-annual work programme shall set out strategic objectives and expected results including performance indicators. It shall also contain an indication of the amount and staff allocated to each objective, in line with the multiannual financial framework and the multiannual staff policy plan. It shall include the strategy for relations with third countries or international organisations referred to in Article 29.

The multi-annual programme shall be implemented through annual work programmes and shall, where appropriate, be updated following the outcome of external and internal evaluations. The conclusion of these evaluations shall also be reflected, where appropriate, in the annual work programme for the following year.

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Article 19 Responsibilities of the Executive Director

1. The Executive Director shall manage Europol. He/she shall be accountable to the Management Board.

2. Without prejudice to the powers of the Commission, the Management Board or the Executive Board, the Executive Director shall be independent in the performance of his/her duties and shall neither seek nor take instructions from any government, nor from any other body.

3. The Executive Director shall report to the European Parliament on the performance of his/her duties when invited to do so. The Council may invite the Executive Director to report on the performance of his/her duties.

4. The Executive Director shall be the legal representative of Europol.

5. The Executive Director shall be responsible for the implementation of the tasks assigned to

Europol by this Regulation. In particular, the Executive Director shall be responsible for:

(a) the day-to-day administration of Europol;

(b) implementing decisions adopted by the Management Board;

(c) preparing the annual work programme and the multi-annual work programme and submitting them to the Management Board after consulting the Commission (d) implementing the annual work programme and the multi-annual work programme and reporting to the Management Board on their implementation;

(e) preparing the consolidated annual report on Europol’s activities and presenting it to the Management Board for approval;

(f) preparing an action plan following up conclusions of internal or external audit reports and evaluations, as well as investigation reports and recommendations from

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Article 20 The Scientific Committee for Training

1. The Scientific Committee for Training shall be an independent advisory body guaranteeing and guiding the scientific quality of Europol’s work on training. For that purpose, the Executive Director shall involve the Scientific Committee for Training early on in the preparation of all documents referred to in Article 14 as far as they concern training.

2. The Scientific Committee for Training shall be composed of 11 persons of the highest academic or professional standing in the subjects covered by Chapter III of this Regulation.

The Management Board shall appoint the members following a transparent call for applications and selection procedure to be published in the Official Journal of the European Union. The members of the Management Board shall not be members of the Scientific Committee for Training. The members of the Scientific Committee for Training shall be independent. They shall neither seek nor take instructions from any government, nor from any other body.

3. The list of members of the Scientific Committee for Training shall be made public and shall be updated by Europol on its website.

4. The term of office of the members of the Scientific Committee for Training shall be five years.

It shall not be renewable and its members can be removed from office if they do not meet the criteria of independence.

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Article 23 Sources of information

1. Europol shall only process information that has been provided to it:

(a) by Member States in accordance with their national law;

(b) by Union bodies, third countries and international organisations in accordance with

Chapter VI;

(c) by private parties in accordance with Article 29(2).

2. Europol may directly retrieve and process information, including personal data, from publicly available sources, such as the media, including the internet and public data.

3. Europol may retrieve and process information, including personal data, from information systems, of a national, Union or international nature, including by means of computerised direct access, in so far as authorised by Union, international or national legal instruments. The applicable provisions of such Union, international or national legal instruments shall govern the access to and use of that information by Europol insofar as they provide for stricter rules on access and use than those of this Regulation. The access to such information systems shall be granted only to duly authorised staff of Europol as far as this is necessary for the performance of their tasks.

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Article 25 Determination of the purpose of information processing activities

1. A Member State, a Union body, a third country or an international organisation providing information to Europol determines the purpose for which it shall be processed as referred to in Article 24. If it has not done so, Europol shall determine relevance of such information as well as the purpose for which it shall be processed. Europol may process information for a different purpose than the one for which information has been provided only if authorised by the data provider.





2. Member States, Union bodies, third countries and international organisations may indicate, at the moment of transferring information, any restriction on access or use, in general or specific terms, including as regards erasure or destruction. Where the need for such restrictions becomes apparent after the transfer, they shall inform Europol accordingly. Europol shall comply with such restrictions.

3. Europol may assign any restriction to access or use by Member States, Union bodies, third countries and international organisations of information retrieved from publicly-available sources.

Article 26 Access by Member States’ and Europol’s staff to information stored by Europol

1. Member States shall have access to and be able to search all information which has been provided for the purposes of Article 24(1)(a) and (b), without prejudice to the right for Member States, Union bodies and third countries and international organisations to indicate restrictions on access and use of such data. Member States shall designate these competent authorities allowed to perform such a search.

2. Member States shall have indirect access on the basis of a hit/no hit system to information provided for the purposes of Article 24(1)(c), without prejudice to any restrictions indicated by the Member States, Union bodies and third countries or international organisations providing the information, in accordance with Article 25(2). In the case of a hit, Europol shall initiate the procedure by which the information that generated the hit may be shared, in accordance with the decision of the Member State that provided the information to Europol.

3. Europol staff duly empowered by the Executive Director shall have access to information processed by Europol to the extent required for the performance of their duties.

EN EN Article 27 Access to Europol information for Eurojust and OLAF

1. Europol shall take all appropriate measures to enable Eurojust and the European Anti-Fraud Office (OLAF) within their respective mandates, to have access to and be able to search all information that has been provided for the purposes of Article 24(1)(a) and (b), without prejudice to the right for Member States, Union bodies and third countries and international organisations to indicate restrictions to the access and use of such data. Europol shall be informed where a search by Eurojust or OLAF reveals the existence of a match with information processed by Europol.

2. Europol shall take all appropriate measures to enable Eurojust and OLAF, within their respective mandates, to have indirect access on the basis of a hit/no hit system to information provided for the purposes under Article 24(1)(c), without prejudice to any restrictions indicated by the providing Member States, Union bodies and third countries or international organisations, in accordance with Article 25(2). In case of a hit, Europol shall initiate the procedure by which the information that generated the hit may be shared, in accordance with the decision of the Member State, Union body, third country or international organisation that provided the information to Europol.

3. Searches of information in accordance with paragraphs 1 and 2 shall be made only for the purpose of identifying whether information available at Eurojust or OLAF, respectively, matches with information processed at Europol.

4. Europol shall allow searches in accordance with paragraphs 1 and 2 only after obtaining from Eurojust information about which National Members, Deputies, Assistants, as well as Eurojust staff members, and from OLAF information about which staff members, have been designated as authorised to perform such searches.

5. If during Europol’s information processing activities in respect of an individual investigation, Europol or a Member State identifies the necessity for coordination, cooperation or support in accordance with the mandate of Eurojust or OLAF, Europol shall notify them thereof and shall initiate the procedure for sharing the information, in accordance with the decision of the Member State providing the information. In such a case Eurojust or OLAF shall consult with Europol.

6. Eurojust, including the College, the National Members, Deputies, Assistants, as well as Eurojust staff members, and OLAF, shall respect any restriction to access or use, in general or specific terms, indicated by Member States, Union bodies, third countries and international organisations in accordance with Article 25(2).

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Article 29 Common provisions

1. In so far as necessary for the performance of its tasks, Europol may establish and maintain cooperative relations with the Union bodies in accordance with the objectives of those bodies, the law enforcement authorities of third countries, law enforcement training institutes of third countries, international organisations and private parties.

2. In so far as relevant to the performance of its tasks and subject to any restriction stipulated pursuant to Article 25(2), Europol may directly exchange all information, with the exception of personal data, with entities referred to in paragraph 1.

3. Europol may receive and process personal data from entities referred to in paragraph 1 except from private parties, in so far as necessary for the performance of its tasks and subject to the provisions of this Chapter.

4. Without prejudice to Article 36(4), personal data shall only be transferred by Europol to Union bodies, third countries and international organisations, if this is necessary for preventing and combating crime that falls under Europol’s objectives and in accordance with this Chapter. If the data to be transferred have been provided by a Member State, Europol shall seek that

Member State’s consent, unless:

(a) the authorisation can be assumed as the Member State has not expressly limited the possibility of onward transfers; or (b) the Member State has granted its prior authorisation to such onward transfer, either in general terms or subject to specific conditions. Such consent may be withdrawn any moment.

5. Onward transfers of personal data by Member States, Union bodies, third countries and international organizations shall be prohibited unless Europol has given its explicit consent.

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Article 32 Personal data from private parties

1. In so far as necessary for Europol to perform its tasks, Europol may process personal data

originating from private parties on condition that are received via:

(a) a national unit of a Member State in accordance with national law;

(b) the contact point of a third country with which Europol has concluded a cooperation agreement in accordance with Article 23 of the Decision 2009/371/JHA prior to date of application of this Regulation; or (c) an authority of a third country or an international organisation with which the Union has concluded an international agreement pursuant to Article 218 of the Treaty.

2. If the data received affect the interests of a Member State, Europol shall immediately inform the National Unit of the Member State concerned.

3. Europol shall not contact private parties directly to retrieve personal data.

4. The Commission shall evaluate the necessity and possible impact of direct exchanges of personal data with private parties within three years after this Regulation is applicable. Such an evaluation shall specify among others the reasons whether the exchanges of personal data with private parties is necessary for Europol.

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Article 36 Processing of special categories of personal data and of different categories of data subjects 1. Processing of personal data on victims of a criminal offence, witnesses or other persons who can provide information on criminal offences, or on persons under the age of 18 shall be prohibited unless it is strictly necessary for preventing or combating crime that falls under Europol’s objectives.

2. Processing of personal data, by automated or other means, revealing racial or ethnic origin, political opinions, religion or beliefs, trade-union membership and of data concerning health or sex life shall be prohibited, unless it is strictly necessary for preventing or combating crime that falls under Europol’s objectives and if those data supplement other personal data already processed by Europol.



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