14. Article

Atrunas Attiecībā uz šo Protokolu nav pieļaujamas atrunas.
  1. 1)) illegal money-laundering activities in connection with these forms of crime or specific manifestations thereof;
  2. 2)) related criminal offences.
  3. 1)) to facilitate the exchange of information between the Member States;
  4. 2)) to obtain, collate and analyse information and intelligence;
  5. 3)) to notify the competent authorities of the Member States without delay via the national units referred to in Article 4 of information concerning them and of any connections identified between criminal offences;
  6. 4)) to aid investigations in the Member States by forwarding all relevant information to the national units;
  7. 5)) to maintain a computerized system of collected information containing data in accordance with Articles 8, 10 and 11.
  8. 1)) to develop specialist knowledge of the investigative procedures of the competent authorities in the Member States and to provide advice on investigations;
  9. 2)) to provide strategic intelligence to assist with and promote the efficient and effective use of the resources available at national level for operational activities;
  10. 3)) to prepare general situation reports.
  11. 1)) training of members of their competent authorities;
  12. 2)) organization and equipment of those authorities;
  13. 3)) crime prevention methods;
  14. 4)) technical and forensic police methods and investigative procedures.
  15. 1)) supply Europol on their own initiative with the information and intelligence necessary for it to carry out its tasks;
  16. 2)) respond to Europol's requests for information, intelligence and advice;
  17. 3)) keep information and intelligence up to date;
  18. 4)) evaluate information and intelligence in accordance with national law for the competent authorities and transmit this material to them;
  19. 5)) issue requests for advice, information, intelligence and analysis to Europol;
  20. 6)) supply Europol with information for storage in the computerized system;
  21. 7)) ensure compliance with the law in every exchange of information between themselves and Europol.
  22. 1)) harming essential national security interests; or
  23. 2)) jeopardizing the success of a current investigation or the safety of individuals;
  24. 3)) involving information pertaining to organizations or specific intelligence activities in the field of State security.
  25. 1)) providing Europol with information from the seconding national unit;
  26. 2)) forwarding information from Europol to the seconding national unit; and
  27. 3)) cooperating with the officials of Europol by providing information and giving advice as regards analysis of the information concerning the seconding Member State.
  28. 1)) an information system as referred to in Article 7 with a restricted and precisely defined content which allows rapid reference to the information available to the Member States and Europol;
  29. 2)) work files as referred to in Article 10 established for variable periods of time for the purposes of analysis and containing comprehensive information and
  30. 3)) an index system containing certain particulars from the analysis files referred to in point 2, in accordance with the arrangements laid down in Article 11.
  31. 1)) have the task of ensuring compliance with the provisions governing cooperation on and operation of the information system, and
  32. 2)) be responsible for the proper working of the information system in technical and operational respects. Europol shall in particular take all necessary measures to ensure that the measures referred to in Articles 21 and 25 regarding the information system are properly implemented.
  33. 1)) 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 for which Europol is competent under Article 2 or who have been convicted of such an offence;
  34. 2)) persons who there are serious grounds under national law for believing will commit criminal offences for which Europol is competent under Article 2.
  35. 1)) surname, maiden name, given names and any alias or assumed name;
  36. 2)) date and place of birth;
  37. 3)) nationality;
  38. 4)) sex, and
  39. 5)) where necessary, other characteristics likely to assist in identification, including any specific objective physical characteristics not subject to change.
  40. 1)) criminal offences, alleged crimes and when and where they were committed;
  41. 2)) means which were or may be used to commit the crimes;
  42. 3)) departments handling the case and their filing references;
  43. 4)) suspected membership of a criminal organization;
  44. 5)) convictions, where they relate to criminal offences for which Europol is competent under Article 2.
  45. 1)) persons as referred to in Article 8(1);
  46. 2)) persons who might be called on to testify in investigations in connection with the offences under consideration or in subsequent criminal proceedings;
  47. 3)) persons who have been the victims of one of the offences under consideration or with regard to whom certain facts give reason for believing that they could be the victims of such an offence;
  48. 4)) contacts and associates, and
  49. 5)) persons who can provide information on the criminal offences under consideration.
  50. 1)) analysts and other Europol officials designated by the Europol Directorate: only analysts shall be authorized to enter data into and retrieve data from the file concerned;
  51. 2)) the liaison officers and/or experts of the Member States supplying the information or concerned by the analysis within the meaning of paragraph 6.
  52. 1)) the European Communities and bodies governed by public law established under the Treaties establishing those Communities;
  53. 2)) other bodies governed by public law established in the framework of the European Union;
  54. 3)) bodies which are based on an agreement between two or more Member States of the European Union;
  55. 4)) third States;
  56. 5)) international organizations and their subordinate bodies governed by public law;
  57. 6)) other bodies governed by public law which are based on an agreement between two or more States, and
  58. 7)) the International Criminal Police Organization,
  59. 1)) Member States which were the source of the information giving rise to the decision to open the analysis file, or those which are directly concerned by that information and Member States subsequently invited by the analysis group to take part in the analysis because they are also becoming concerned;
  60. 2)) Member States which learn from consulting the index system that they need to be informed and assert that need to know under the conditions laid down in paragraph 7.
  61. 1)) the participants in the analysis shall endeavour to reach agreement with the liaison officer claiming the need to be informed; they shall have no more than eight days for that purpose;
  62. 2)) if no agreement is reached, the heads of the national units concerned and the Directorate of Europol shall meet within three days;
  63. 3)) if the disagreement persists, the representatives of the parties concerned on the Management Board shall meet within eight days. If the Member State concerned does not waive its need to be informed, automatic association of that Member State shall be decided by consensus.
  64. 1)) the file name;
  65. 2)) the purpose of the file;
  66. 3)) the groups of persons on whom data are stored;
  67. 4)) the nature of the data to be stored, and any of the data listed in the first sentence of Article 6 of the Council of Europe Convention of 28 January 1981 which are strictly necessary;
  68. 5)) the type of personal data used to open the file;
  69. 6)) the supply or input of the data to be stored;
  70. 7)) the conditions under which the personal data stored in the file may be communicated, to which recipients and under what procedure;
  71. 8)) the time-limits for examination and duration of storage;
  72. 9)) the method of establishing the audit log.
  73. 1)) the Member State which input or otherwise communicated the data;
  74. 2)) Europol in respect of data communicated to Europol by third parties or which result from analyses conducted by Europol.
  75. 1)) this is necessary in individual cases for the purposes of preventing or combating criminal offences for which Europol is competent under Article 2;
  76. 2)) an adequate level of data protection is ensured in that State or that body, and
  77. 3)) this is permissible under the general rules within the meaning of paragraph 2.
  78. 1)) the nature of the data;
  79. 2)) the purpose for which the data is intended;
  80. 3)) the duration of the intended processing, and
  81. 4)) the general or specific provisions applying to the third States and third bodies within the meaning of Article 10(4).
  82. 1)) obstruct the proper performance of the tasks falling within a Member State's sphere of competence;
  83. 2)) jeopardize the security and public order of a Member State or otherwise prejudice its general welfare.
  84. 1)) enable Europol to fulfil its duties properly;
  85. 2)) protect security and public order in the Member States or to prevent crime;
  86. 3)) protect the rights and freedoms of third parties,
  87. 1)) as regards data entered within the information system defined in Article 8, a decision to communicate such data cannot be taken unless the Member State which entered the data and the Member States directly concerned by communication of such data have first had the opportunity of stating their position, which may extend to a refusal to communicate the data. The data which may be communicated and the arrangements for communicating such data shall be indicated by the Member State which entered the data;
  88. 2)) as regards data entered within the information system by Europol, the Member States directly concerned by communication of such data must first have had the opportunity of stating their position, which may extend to a refusal to communicate the data;
  89. 3)) as regards data entered within the work files for the purposes of analysis as defined in Article 10, the communication of such data shall be conditional upon the consensus of Europol and the Member States participating in the analysis, within the meaning of Article 10(2), and the consensus of the Member State(s) directly concerned by the communication of such data.
  90. 1)) supply the information it requests, give it access to all documents and paper files as well as access to the data stored in the system, and
  91. 2)) allow it free access at any time to all its premises.
  92. 3)) carry out the joint supervisory body's decisions on appeals in accordance with the provisions of Articles 19(7) and 20(4).
  93. 1)) deny unauthorized persons access to data processing equipment used for processing personal data (equipment access control);
  94. 2)) prevent the unauthorized reading, copying, modification or removal of data media (data media control);
  95. 3)) prevent the unauthorized input of data and the unauthorized inspection, modification or deletion of stored personal data (storage control);
  96. 4)) prevent the use of automated data processing systems by unauthorized persons using data communication equipment (user control);
  97. 5)) ensure that persons authorized to use an automated data processing system only have access to the data covered by their access authorization (data access control);
  98. 6)) ensure that it is possible to verify and establish to which bodies personal data may be transmitted using data communication equipment (communication control);
  99. 7)) ensure that it is subsequently possible to verify and establish which personal data have been input into automated data processing systems and when and by whom the data were input (input control);
  100. 8)) prevent unauthorized reading, copying, modification or deletion of personal data during transfers of personal data or during transportation of data media (transport control);
  101. 9)) ensure that installed systems may, in case of interruption, be immediately restored (recovery);
  102. 10)) ensure that the functions of the system perform without fault, that the appearance of faults in the functions is immediately reported (reliability) and that stored data cannot be corrupted by means of a malfunctioning of the system (integrity).
  103. 1)) shall take part in the extension of Europol's objective (Article 2(2));
  104. 2)) shall define unanimously liaison officers' rights and obligations towards Europol (Article 5);
  105. 3)) shall decide unanimously on the number of liaison officers the Member States may send to Europol (Article 5);
  106. 4)) shall prepare the implementing rules governing data files (Article 10);
  107. 5)) shall take part in the adoption of rules governing Europol's relations with third States and third bodies within the meaning of Article 10(4) (Articles 10, 18 and 42);
  108. 6)) shall unanimously decide on details concerning the design of the index system (Article 11);
  109. 7)) shall approve by a two-thirds majority orders opening data files (Article 12);
  110. 8)) may deliver opinions on the comments and reports of the joint supervisory body (Article 24);
  111. 9)) shall examine problems which the joint supervisory body brings to is attention (Article 24(5));
  112. 10)) shall decide on the details of the procedure for checking the legal character of retrievals in the information system (Article 16);
  113. 11)) shall take part in the appointment and dismissal of the Director and Deputy Directors (Article 29);
  114. 12)) shall oversee the proper performance of the Director's duties (Articles 7 and 29);
  115. 13)) shall take part in the adoption of staff regulations (Article 30);
  116. 14)) shall take part in the preparation of agreements on confidentiality and the adoption of provisions on the protection of confidentiality (Articles 18 and 31);
  117. 15)) shall take part in the drawing up of the budget, including the establishment plan, the auditing and the discharge to be given to the Director (Articles 35 and 36);
  118. 16)) shall adopt unanimously the five-year financing plan (Article 35);
  119. 17)) shall appoint unanimously the financial controller and oversee the performance of his duties (Article 35);
  120. 18)) shall take part in the adoption of the financial regulation (Article 35);
  121. 19)) shall unanimously approve the conclusion of the headquarters agreement (Article 37);
  122. 20)) shall adopt unanimously the rules for the security clearance of Europol officials;
  123. 21)) shall act by a two-thirds majority in disputes between a Member State and Europol or between Member States concerning compensation paid under the liability for unauthorized or incorrect processing of data (Article 38);
  124. 22)) shall take part in any amendment of this Convention (Article 43);
  125. 23)) shall be responsible for any other tasks assigned to it by the Council particularly in provisions for the implementation of this Convention.
  126. 1)) a general report on Europol's activities during the previous year;
  127. 2)) a report on Europol's future activities taking into account Member States' operational requirements and budgetary and staffing implications for Europol.
  128. 1)) performance of the tasks assigned to Europol;
  129. 2)) day-to-day administration;
  130. 3)) personnel management;
  131. 4)) proper preparation and implementation of the Management Board's decisions;
  132. 5)) preparing the draft budget, draft establishment plan and draft five-year financing plan and implementing Europol's budget;
  133. 6)) all other tasks assigned to him in this Convention or by the Management Board.
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