ACT OF THE MANAGEMENT BOARD OF EUROPOL of 15 October 1998 laying down the rules governing Europol's external relations with European Union-related bodies (1999/C 26/10)

THE MANAGEMENT BOARD,

Having regard to the Convention based on Article K.3 of the Treaty on European Union, on the establishment of a European Police Office (Europol Convention) (1), and in particular Article 42(1) thereof,

Whereas it is for the Management Board, acting unanimously, to lay down the rules governing Europol's external relations with European Union-related bodies,

HAS ADOPTED THE FOLLOWING RULES:

Article 1 Definitions

For the purpose of these rules:

(a) 'European Union-related bodies` means the bodies referred to in Article 10(4)(1), (2) and (3) of the Europol Convention;

(b) 'agreement` means an agreement concluded for the purpose of achieving the objectives referred to in Article 2 of the Europol Convention.

Article 2 Agreements

1. Europol may conclude agreements with European Union-related bodies.

2. The Management Board may determine the European Union-related bodies with which agreements are to be negotiated.

3. The Director of Europol shall, after authorisation by the Management Board, enter into negotiations on such agreements. Such an agreement may only be concluded after approval by the Management Board.

Article 3 Liaison officers

An agreement is essential for the secondment of liaison officers of Europol to European Union-related bodies and for the secondment to Europol of liaison officers from European Union-related bodies. Such an agreement shall stipulate the conditions for secondment and the functions allocated to liaison officers.

Article 4 The reception of high-level officials

The Director of Europol shall regularly report to the Management Board on visits to Europol of high-level officials from European Union-related bodies.

Article 5 Regular meetings

1. The Director of Europol may, with the approval of the Management Board, establish regular meetings with European Union-related bodies.

2. Where an Agreement provides for regular meetings, the approval of the Management Board is no longer necessary.

Article 6 Provision of information to the Management Board

The Director of Europol shall regularly report to the Management Board on Europol's external relations with European Union-related bodies.

Article 7 Exchange of information

1. These rules shall be without prejudice to the rules concerning the transmission of personal data by Europol to third States and third bodies, the rules on the confidentiality of Europol's information and the rules concerning the receipt of information by Europol from third parties.

2. (a) For the purpose of fulfilling the objectives set out in Article 2 of the Europol Convention, Europol may transmit non-personal data subject to the basic protection level as set out in Article 8(1) of the rules on the confidentiality of Europol's information, if:

- an agreement has been concluded for this purpose under the conditions laid down in Article 2,

- in the case of particular data, the Director of Europol considers that the protection of such data is guaranteed by the European Union-related body.

(b) For the transmission of non-personal data classified as Europol level 1, 2 or 3, an agreement is necessary. This agreement shall take into account the provisions of the rules on the confidentiality of Europol's information.

Article 8 Entry into force

These rules shall enter into force on 1 January 1999.

Done at The Hague, 15 October 1998.

For the Management Board

The Chairman

K. RUSO

(1) OJ C 316, 27.11.1995, p. 1.