Decision No 1/2006 of the Joint Supervisory Body of Europol

of 26 June 2006

amending its rules of procedure

(2006/C 311/04)

THE JOINT SUPERVISORY BODY,

Having regard to the Convention on the establishment of a European Police Office (Europol Convention) [1],

Having regard to Act No 1/99 of the Joint Supervisory Body of Europol of 22 April 1999 laying down its rules of procedure [2], and in particular Article 32 thereof,

Whereas detailed rules on public access to documents of the Joint Supervisory Body should be introduced in its rules of procedure,

HAS DECIDED AS FOLLOWS:

Article 1

The Joint Supervisory Body's rules of procedure shall be amended in accordance with the provisions of this Article.

1) Article 6(4) shall be replaced by the following:

"4. The meetings of the Joint Supervisory Body shall not be public. However, its documents shall be accessible to the public in accordance with Article 6a.";

2) the following Article shall be inserted:

"Article 6a

Public access to document

1. Any natural or legal person has a right of access to documents of the Joint Supervisory Body, subject to the principles, conditions and limits defined in this Article.

2. Documents relating to appeals before the committee established in accordance with Article 24(7) of the Convention are exempt from this Article.

3. Without prejudice to paragraphs 4 and 5, documents shall be made accessible to the public either following a written application or directly in electronic form.

4. The Joint Supervisory Body shall refuse access to a document where such refusal is necessary in order:

(a) to protect security and public order in the Member States or to prevent crime;

(b) to protect the rights and freedoms of third parties;

(c) to enable Europol to fulfil its duties properly;

(d) to enable the Joint Supervisory Body to fulfil its duties properly;

considerations which cannot be overridden by the interests of the applicant.

5. Where the Joint Supervisory Body holds a document received from a third party, or which contains information on a third party, the Joint Supervisory Body shall consult that third party with a view to assessing whether an exception under paragraph 4 is applicable, unless it is clear that the document shall or shall not be disclosed. Access to documents received from Europol shall also be subject to the confidentiality rules referred to in Article 31(1) of the Convention.

6. If exceptions apply only to parts of the requested document, the rest of the document shall be disclosed.

7. Applications for access to a document shall be made in any written form, including electronic form, in one of the official languages of the institutions of the European Union and in a sufficiently precise manner to enable the Joint Supervisory Body to identify the document. The applicant shall not be obliged to state reasons for the application.

8. If an application is not sufficiently precise, the Joint Supervisory Body shall ask the applicant to clarify the application and shall assist the applicant in doing so.

9. If an application relates to a very long document or to a very large number of documents, the Joint Supervisory Body may confer with the applicant informally, with a view to finding a fair solution.

10. The Joint Supervisory Body shall provide information and assistance to citizens on how and where applications for access to documents can be made.

11. The Joint Supervisory Body shall promptly register an application for access to a document and shall send the applicant an acknowledgement. Within 20 working days from registration of the application, the chairman of the Joint Supervisory Body shall either grant access to the document requested and provide access in accordance with paragraph 14 within that period or, in a written reply, state the reasons for total or partial refusal and inform the applicant of his or her right to make a follow-up application in accordance with paragraph 13.

12. In exceptional cases, for example in the event of an application relating to a very long document or in case a third party must be consulted, the time limit provided for in paragraph 11 may be extended by 20 working days, provided that the applicant is notified in advance and that detailed reasons are given.

13. Within 20 working days of receiving a total or partial refusal from the Joint Supervisory Body, the applicant may make a follow-up application asking the Joint Supervisory Body to reconsider.

14. The applicant shall have access to documents either by consulting them on the spot or by receiving a copy, including, where available, an electronic copy, according to the applicant's preference. The cost of producing and sending copies of 20 or more A4 pages may be charged to the applicant, but the charge may not exceed the real cost of producing and sending the copies. Consultation on the spot, copies of fewer than 20 A4 pages and direct access in electronic form shall be free of charge.

15. If a document has already been disclosed by the Joint Supervisory Body or other institutions and is easily accessible to the applicant, the Joint Supervisory Body may fulfil its obligations by informing the applicant how to obtain the document.";

3) Article 10(2) shall be replaced by the following paragraphs:

"2. The Joint Supervisory Body's activity report shall be submitted to the relevant committee in the European Parliament at the same time as it is sent to the Council.

3. The Joint Supervisory Body shall publish its activity report.".

Article 2

These amendments to the rules of procedure shall enter into force on the day following their approval by the Council in accordance with Article 24(7) of the Convention [3].

Done at Brussels, 26 June 2006.

For the Joint Supervisory Body

The Chairman

Emilio Aced Félez

[1] OJ C 316, 27.11.1995, p. 1.

[2] OJ C 149, 28.5.1999, p. 1.

[3] The internal Regulation had been approved by the Council on 4 December 2006.

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