Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (revoked)
EU Regulation 2016/794 · Adopted 11 May 2016 · Extends to United Kingdom
Regulation (EU) 2016/794 of the European Parliament and of the Council
of 11 May 2016
on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (revoked)
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Annotations to the whole text
Textual amendments
- F1
Regulation revoked (31.12.2020) by The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 37 (with reg. 40) (as amended by S.I. 2020/1408, regs. 1, 14); 2020 c. 1, Sch. 5 para. 1(1)
Contents
- Chapter I: GENERAL PROVISIONS, OBJECTIVES AND TASKS OF EUROPOL Repealed
- 1Establishment of the European Union Agency for Law Enforcement Cooperation Repealed
- 2Definitions Repealed
- 3Objectives Repealed
- 4Tasks Repealed
- Chapter II: COOPERATION BETWEEN MEMBER STATES AND EUROPOL Repealed
- 5Participation in joint investigation teams Repealed
- 6Request by Europol for the initiation of a criminal investigation Repealed
- 7Europol national units Repealed
- 8Liaison officers Repealed
- Chapter III: ORGANISATION OF EUROPOL Repealed
- 9Administrative and management structure of Europol Repealed
- Management Board Repealed
- 10Composition of the Management Board Repealed
- 11Functions of the Management Board Repealed
- 12Multiannual programming and annual work programmes Repealed
- 13Chairperson and Deputy Chairperson of the Management Board Repealed
- 14Meetings of the Management Board Repealed
- 15Voting rules of the Management Board Repealed
- Executive Director Repealed
- 16Responsibilities of the Executive Director Repealed
- Chapter IV: PROCESSING OF INFORMATION Repealed
- 17Sources of information Repealed
- 18Purposes of information processing activities Repealed
- 19Determination of the purpose of, and restrictions on, the processing of information by Europol Repealed
- 20Access by Member States and Europol's staff to information stored by Europol Repealed
- 21Access by Eurojust and OLAF to information stored by Europol Repealed
- 22Duty to notify Member States Repealed
- Chapter V: RELATIONS WITH PARTNERS Repealed
- Common provisions Repealed
- 23Common provisions Repealed
- Transfer and exchange of personal data Repealed
- 24Transfer of personal data to Union bodies Repealed
- 25Transfer of personal data to third countries and international organisations Repealed
- 26Exchanges of personal data with private parties Repealed
- 27Information from private persons Repealed
- Chapter VI: DATA PROTECTION SAFEGUARDS Repealed
- 28General data protection principles Repealed
- 29Assessment of reliability of the source and accuracy of information Repealed
- 30Processing of special categories of personal data and of different categories of data subjects Repealed
- 31Time-limits for the storage and erasure of personal data Repealed
- 32Security of processing Repealed
- 33Data protection by design Repealed
- 34Notification of a personal data breach to the authorities concerned Repealed
- 35Communication of a personal data breach to the data subject Repealed
- 36Right of access for the data subject Repealed
- 37Right to rectification, erasure and restriction Repealed
- 38Responsibility in data protection matters Repealed
- 39Prior consultation Repealed
- 40Logging and documentation Repealed
- 41Data Protection Officer Repealed
- 42Supervision by the national supervisory authority Repealed
- 43Supervision by the EDPS Repealed
- 44Cooperation between the EDPS and national supervisory authorities Repealed
- 45Cooperation Board Repealed
- 46Administrative personal data Repealed
- Chapter VII: REMEDIES AND LIABILITY Repealed
- 47Right to lodge a complaint with the EDPS Repealed
- 48Right to a judicial remedy against the EDPS Repealed
- 49General provisions on liability and the right to compensation Repealed
- 50Liability for incorrect personal data processing and the right to compensation Repealed
- Chapter VIII: JOINT PARLIAMENTARY SCRUTINY Repealed
- 51Joint Parliamentary scrutiny Repealed
- 52Access by the European Parliament to information processed by or through Europol Repealed
- Chapter IX: STAFF Repealed
- 53General provisions Repealed
- 54Executive Director Repealed
- 55Deputy Executive Directors Repealed
- 56Seconded national experts Repealed
- Chapter X: FINANCIAL PROVISIONS Repealed
- 57Budget Repealed
- 58Establishment of the budget Repealed
- 59Implementation of the budget Repealed
- 60Presentation of accounts and discharge Repealed
- 61Financial rules Repealed
- Chapter XI: MISCELLANEOUS PROVISIONS Repealed
- 62Legal status Repealed
- 63Privileges and immunities Repealed
- 64Language arrangements Repealed
- 65Transparency Repealed
- 66Combating fraud Repealed
- 67Rules on the protection of sensitive non-classified and classified information Repealed
- 68Evaluation and review Repealed
- 69Administrative inquiries Repealed
- 70Headquarters Repealed
- Chapter XII: TRANSITIONAL PROVISIONS Repealed
- 71Legal succession Repealed
- 72Transitional arrangements concerning the Management Board Repealed
- 73Transitional arrangements concerning the Executive Director, the Deputy Directors and staff Repealed
- 74Transitional budgetary provisions Repealed
- Chapter XIII: FINAL PROVISIONS Repealed
- 75Replacement and repeal Repealed
- 76Maintenance in force of the internal rules adopted by the Management Board Repealed
- 77Entry into force and application Repealed
- Signature
- Annex ILIST OF FORMS OF CRIME REFERRED TO IN ARTICLE 3(1) Repealed
- Annex II Repealed
- Categories of personal data and categories of data subjects whose data may be collected and processed for the purpose of cross-checking as referred to in point (a) of Article 18(2) Repealed
- 1Personal data collected and processed for the purpose of cross-checking shall relate to: Repealed
- 2Data relating to the persons referred to in paragraph 1 may include only the following categories of personal data: Repealed
- 3In addition to the data referred to in paragraph 2, the following categories of personal data concerning the persons referred to in paragraph 1 may be collected and processed: Repealed
- 4Division 4 Repealed
- 5Division 5 Repealed
- Categories of personal data and categories of data subjects whose data may be collected and processed for the purpose of analyses of a strategic or thematic nature, for the purpose of operational analyses or for the purpose of facilitating the exchange of information as referred to in points (b), (c) and (d) of Article 18(2) Repealed
- 1Personal data collected and processed for the purpose of analyses of a strategic or thematic nature, for the purpose of operational analyses or for the purpose of facilitating the exchange of information between Member States, Europol, other Union bodies, third countries and international organisations shall relate to: Repealed
- 2The following categories of personal data, including associated administrative data, may be processed on the categories of persons referred to in points (a) and (b) of paragraph 1: Repealed
- 3‘Contacts and associates’, as referred to in point (e) of paragraph 1, are persons through whom there is sufficient reason to believe that information which relates to the persons referred to in points (a) and (b) of paragraph 1 and which is relevant for the analysis can be gained, provided they are not included in one of the categories of persons referred to in points (a), (b), (c), (d) and (f) of paragraph 1. ‘Contacts’ are those persons who have a sporadic contact with the persons referred to in points (a) and (b) of paragraph 1. ‘Associates’ are those persons who have a regular contact with the persons referred to in points (a) and (b) of paragraph 1. Repealed
- 4With regard to a person who, as referred to in point (d) of paragraph 1, has been the victim of one of the offences under consideration or who, on the basis of certain facts there is reason to believe could be the victim of such an offence, the data referred to in point (a) to point (c)(iii) of paragraph 2 as well as the following categories of data may be stored: Repealed
- 5With regard to persons who, as referred to in point (c) of paragraph 1, might be called on to testify in investigations in connection with the offences under consideration or in subsequent criminal proceedings, data referred to in point (a) to point (c)(iii) of paragraph 2 as well as categories of data complying with the following criteria may be stored: Repealed
- 6With regard to persons who, as referred to in point (f) of paragraph 1, can provide information on the criminal offences under consideration, data referred to in point (a) to point (c)(iii) of paragraph 2 as well as categories of data complying with the following criteria may be stored: Repealed
- 7If, at any time during the course of an analysis, it becomes clear on the basis of serious and corroborating indications that a person should be included in a category of persons, as defined in this Annex, other than the category in which that person was initially placed, Europol may process only the data on that person which is permitted under that new category, and all other data shall be deleted. Repealed