Council Decision 2009/934/JHA of 30 November 2009 adopting the implementing rules governing Europol’s relations with partners, including the exchange of personal data and classified information
Council Decision 2009/934/JHA of 30 November 2009 adopting the implementing rules governing Europol’s relations with partners, including the exchange of personal data and classified information
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 26(1)(b) and 59(1)(c) thereof,
Having regard to the draft rules submitted by the Management Board, on which the Joint Supervisory Body has issued an opinion,
Having regard to the Opinion of the European Parliament,
Whereas in accordance with the Europol Decision, it is for the Council, acting by qualified majority after having consulted the European Parliament, to adopt implementing rules governing Europol’s relations with partners, including the exchange of personal data and classified information (hereinafter the rules),
HAS DECIDED AS FOLLOWS:
TITLE I GENERAL PROVISIONS
Article 1 Definitions
For the purposes of these rules,
‘third States’ as referred to in Article 23(1)(a) of the Europol Decision means States not being Member States of the European Union;
‘organisations’, as referred to in Article 23(1)(b) of the Europol Decision means organisations such as international organisations and their subordinate bodies governed by public law or other bodies governed by public law which are set up by, or on the basis of, an agreement between two or more States;
‘third parties’ means third States and organisations;
‘EU bodies’ means institutions, bodies, offices and agencies set up by, or on the basis of, the Treaty on European Union and the Treaties establishing the European Communities, as referred to in Article 22(1) of the Europol Decision;
‘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;
‘classified information’ means any information and material in any form, an unauthorised disclosure of which could cause varying degrees of prejudice to the essential interests of Europol, of one or more Member States or of Europol’s cooperation partners, and that requires the application of appropriate security measures;
‘strategic agreement’ means an agreement allowing for the exchange of information, excluding personal data;
‘operational agreement’ means an agreement allowing for the exchange of information, including personal data;
‘cooperation agreement’ means either a strategic or an operational agreement;
‘working arrangement’ means an arrangement between Europol and an EU body on their cooperation, allowing for the exchange of information including personal data;
‘processing of personal data’ or ‘processing’ means any operation or set of operations 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;
‘competent authorities’ means all public bodies existing in the Member States or in third States which are responsible under national law for preventing and combating criminal offences.
Article 2 Scope
These rules govern the relations of Europol with EU bodies and third parties, including the exchange of personal data and classified information and set out the procedures applicable to the negotiation and conclusion of cooperation agreements and working arrangements.