«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 ...»
(d) advise Europol, either on his/her own initiative or in response to a consultation, on all matters concerning the processing of personal data, in particular before they draw up internal rules relating to the protection of fundamental rights and freedoms with regard to the processing of personal data;
(e) determine, give reasons for and make public the exemptions, safeguards, authorisations and conditions mentioned in Article 36(4).
(f) keep a register of processing operations notified to him/her by virtue of Article 42(1) and registered in accordance with 42(4), (g) carry out a prior check of processing notified to him/her.
3. The European Data Protection Supervisor may under this Regulation:
(a) give advice to data subjects in the exercise of their rights;
Article 49 Right to lodge a complaint with the European Data Protection Supervisor
1. Any data subject shall have the right to lodge a complaint with the European Data Protection Supervisor, if he/she considers that the processing of personal data relating to him/her does not comply with the provisions of this Regulation.
2. Where a complaint relates to a decision as referred to in Article 39 or 40, the European Data Protection Supervisor shall consult the national supervisory bodies or the competent judicial body in the Member State that was the source of the data or the Member State directly concerned. The decision of the European Data Protection Supervisor, which may extend to a refusal to communicate any information, shall be taken in close cooperation with the national supervisory body or competent judicial body.
3. Where a complaint relates to the processing of data provided by a Member State to Europol, the European Data Protection Supervisor shall ensure that the necessary checks have been carried out correctly in close cooperation with the national supervisory body of the Member State that provided the data.
4. Where a complaint relates to the processing of data provided to Europol by EU entities, third countries or international organisations, the European Data Protection Supervisor shall ensure that Europol has carried out the necessary checks.
Article 52 Liability for incorrect personal data processing and the right to compensation
1. Any individual who has suffered damage as a result of an unlawful data processing operation shall have the right to receive compensation for damage suffered either from Europol in accordance with Article 340 of the Treaty, or from the Member State in which the event that gave rise to the damage occurred, in accordance with its national law. The individual shall bring an action against Europol to the Court of Justice of the European Union or against the Member State to a competent national court of this Member State.
2. Any dispute between Europol and Member States over the ultimate responsibility for compensation awarded to an individual in accordance with paragraph 1 shall be referred to the Management Board, which shall decide by a majority of two-third of its members, without prejudice of the right to challenge this decision in accordance with article 263 TFEU.
Chapter IX PARLIAMENTARY SCRUTINY
Article 53 Parliamentary scrutiny
1. The Chairperson of the Management Board and the Executive Director shall appear before the European Parliament, jointly with national Parliaments, at their request to discuss matters relating to Europol, taking into account the obligations of discretion and confidentiality.
2. Parliamentary scrutiny by the European Parliament, together with national Parliaments, of Europol’s activities shall be exercised in accordance with this Regulation.
3. In addition to the obligations of information and consultation set out in this Regulation, Europol shall transmit to the European Parliament and to the national parliaments, taking into
account the obligations of discretion and confidentiality, for information:
Article 54 Access of the European Parliament to Classified Information processed by or through Europol
1. For the purpose of enabling it to exercise parliamentary scrutiny of Europol’s activities in accordance with Article 53, access to European Union Classified Information and sensitive non-classified information processed by or through Europol may be granted to the European Parliament and its representatives upon request.
2. Access to European Union Classified Information and sensitive non-classified information shall be in compliance with the basic principles and minimum standards as referred to in Article 69. The details shall be governed by a working arrangement concluded between Europol and the European Parliament.
EN EN Before appointment, the candidate selected by the Management Board may be invited to make a statement before the competent committee of the European Parliament and to answer questions put by its members.
3. The term of office of the Executive Director shall be five years. By the end of that period, the Commission shall undertake an assessment that takes into account an evaluation of the Executive Director’s performance and Europol’s future tasks and challenges.
4. The Management Board, acting on a proposal from the Commission that takes into account the assessment referred to in paragraph 3, may extend the term of office of the Executive Director once, for no more than five years.
5. The Management Board shall inform the European Parliament if it intends to extend the Executive Director’s term of office. Within the month before any such extension, the Executive Director may be invited to make a statement before the competent committee of the Parliament and answer questions put by its members.
6. An Executive Director whose term of office has been extended may not participate in another selection procedure for the same post at the end of the overall period.
7. The Executive Director may be removed from office only upon a decision of the Management Board acting on a proposal from the Commission.
8. The Management Board shall reach decisions on appointment, extension of the term of office and removal from office of the Executive Director and/or Deputy Executive Director(s) on the basis of a two-thirds majority of its members with voting rights.
Article 57 Deputy Executive Directors
1. Four Deputy Executive Directors, including one responsible for training, shall assist the Executive Director. The Deputy Executive Director for Training shall be responsible for managing the Europol Academy and its activities. The Executive Director shall define the tasks of the others.
2. Article 56 shall apply to the Deputy Executive Directors. The Executive Director shall be consulted prior to their appointment or removal from office.
1. Europol may make use of seconded national experts or other staff not employed by the agency.
2. The Management Board shall adopt a decision laying down rules on the secondment of national experts to Europol.
Article 60 Establishment of the budget
1. Each year the Executive Director shall draw up a draft statement of estimates of Europol’s revenue and expenditure for the following financial year, including the establishment plan, and send it to the Management Board.
2. The Management Board shall, on the basis of that draft, produce a provisional draft estimate of Europol’s revenue and expenditure for the following financial year. The provisional draft estimate of Europol’s revenue and expenditure shall be sent to the Commission each year by [date set out in the framework Financial Regulation]. The Management Board shall send a final draft estimate, which shall include a draft establishment plan, to the Commission, the European Parliament and the Council by 31 March.
3. The Commission shall send the statement of estimates to the European Parliament and the Council (the budgetary authority) together with the draft general budget of the European Union.
4. On the basis of the statement of estimates, the Commission shall enter in the draft general budget of the European Union the estimates it considers necessary for the establishment plan and the amount of the contribution to be charged to the general budget, which it shall place before the budgetary authority in accordance with Articles 313 and 314 of the Treaty.
5. The budgetary authority shall authorise the appropriations for Europol’s contribution.
6. The budgetary authority shall adopt Europol’s establishment plan.
7. Europol’s budget shall be adopted by the Management Board. It shall become final following final adoption of the general budget of the Union. Where necessary, it shall be adjusted accordingly.
8. For any project, in particular building projects, likely to have significant implications for the budget, the provisions of [the framework Financial Regulation] shall apply..
Article 62 Presentation of accounts and discharge
1. By 1 March following each financial year, Europol’s accounting officer shall communicate the provisional accounts to the Commission’s Accounting Officer and to the Court of Auditors.
2. Europol shall send the report on the budgetary and financial management to the European Parliament, the Council and the Court of Auditors by 31 March of the following financial year.
3. By 31 March following each financial year, the Commission’s accounting officer shall send Europol’s provisional accounts consolidated with the Commission’s accounts to the Court of Auditors.
4. On receipt of the Court of Auditors’ observations on Europol’s provisional accounts pursuant to Article 148 of the Financial Regulation, the accounting officer shall draw up Europol’s final accounts. The Executive Director shall submit them to the Management Board for an opinion.
5. The Management Board shall deliver an opinion on Europol’s final accounts.
6. The Executive Director shall, by 1 July following each financial year, send the final accounts to the European Parliament, the Council, the Commission, the Court of Auditors and national Parliaments, together with the Management Board’s opinion.
7. The final accounts shall be published.
8. The Executive Director shall send the Court of Auditors a reply to the observations made in its annual report by [date set out in the framework Financial Regulation]. He/she shall also send the reply to the Management Board.
9. The Executive Director shall submit to the European Parliament, at the latter’s request, any information required for the smooth application of the discharge procedure for the financial year in question, as laid down in Article 165(3) of the Financial Regulation.
10. On a recommendation from the Council acting by a qualified majority, the European Parliament shall, before 15 May of year N + 2, give a discharge to the Executive Director in respect of the implementation of the budget for year N.
Article 68 Combating fraud
1. In order to facilitate combating fraud, corruption and other unlawful activities under Regulation (EC) No 1073/1999, within six months from the day Europol becomes operational, it shall accede to the Interinstitutional Agreement of 25 May 1999 concerning internal investigations by the European Anti-Fraud Office (OLAF)44 and adopt appropriate provisions applicable to all employees of Europol using the template set out in the Annex to that agreement.
2. The European Court of Auditors shall have the power of audit, on the basis of documents and on the spot, over all grant beneficiaries, contractors and subcontractors who have received Union funds from Europol.
3. OLAF may carry out investigations, including on-the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union in connection with a grant or a contract funded by Europol, in accordance with the provisions and procedures laid down in 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) and Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities’ financial interests against fraud and other irregularities.45
4. Without prejudice to paragraphs 1, 2 and 3, cooperation agreements with third countries and international organisations, contracts, grant agreements and grant decisions of Europol shall contain provisions expressly empowering the European Court of Auditors and OLAF to conduct such audits and investigations, according to their respective competences.
Article 69 Security rules on the protection of classified information Europol shall establish its own rules on the obligations of discretion and confidentiality, and on the protection of European Union classified information and sensitive non-classified information, taking into account the basic principles and minimum standards of Decision 2011/292/EU. This shall cover, inter alia, provisions for the exchange, processing and storage of such information.
Categories of personal data and categories of data subjects whose data may be collected and processed for cross-checking purpose as referred to in Article 24(1)(a)
1. Personal data collected and processed for cross-checking purposes shall relate to:
(a) persons who, in accordance with the national law of the Member State concerned, are suspected of having committed or having taken part in a criminal offence in respect of which Europol is competent or who have been convicted of such an offence;