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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

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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)

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Annotations to the whole text

Textual amendments

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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

  1. Chapter I: GENERAL PROVISIONS, OBJECTIVES AND TASKS OF EUROPOL Repealed
  2. 1Establishment of the European Union Agency for Law Enforcement Cooperation Repealed
  3. 2Definitions Repealed
  4. 3Objectives Repealed
  5. 4Tasks Repealed
  6. Chapter II: COOPERATION BETWEEN MEMBER STATES AND EUROPOL Repealed
  7. 5Participation in joint investigation teams Repealed
  8. 6Request by Europol for the initiation of a criminal investigation Repealed
  9. 7Europol national units Repealed
  10. 8Liaison officers Repealed
  11. Chapter III: ORGANISATION OF EUROPOL Repealed
  12. 9Administrative and management structure of Europol Repealed
  13. Management Board Repealed
  14. 10Composition of the Management Board Repealed
  15. 11Functions of the Management Board Repealed
  16. 12Multiannual programming and annual work programmes Repealed
  17. 13Chairperson and Deputy Chairperson of the Management Board Repealed
  18. 14Meetings of the Management Board Repealed
  19. 15Voting rules of the Management Board Repealed
  20. Executive Director Repealed
  21. 16Responsibilities of the Executive Director Repealed
  22. Chapter IV: PROCESSING OF INFORMATION Repealed
  23. 17Sources of information Repealed
  24. 18Purposes of information processing activities Repealed
  25. 19Determination of the purpose of, and restrictions on, the processing of information by Europol Repealed
  26. 20Access by Member States and Europol's staff to information stored by Europol Repealed
  27. 21Access by Eurojust and OLAF to information stored by Europol Repealed
  28. 22Duty to notify Member States Repealed
  29. Chapter V: RELATIONS WITH PARTNERS Repealed
  30. Common provisions Repealed
  31. 23Common provisions Repealed
  32. Transfer and exchange of personal data Repealed
  33. 24Transfer of personal data to Union bodies Repealed
  34. 25Transfer of personal data to third countries and international organisations Repealed
  35. 26Exchanges of personal data with private parties Repealed
  36. 27Information from private persons Repealed
  37. Chapter VI: DATA PROTECTION SAFEGUARDS Repealed
  38. 28General data protection principles Repealed
  39. 29Assessment of reliability of the source and accuracy of information Repealed
  40. 30Processing of special categories of personal data and of different categories of data subjects Repealed
  41. 31Time-limits for the storage and erasure of personal data Repealed
  42. 32Security of processing Repealed
  43. 33Data protection by design Repealed
  44. 34Notification of a personal data breach to the authorities concerned Repealed
  45. 35Communication of a personal data breach to the data subject Repealed
  46. 36Right of access for the data subject Repealed
  47. 37Right to rectification, erasure and restriction Repealed
  48. 38Responsibility in data protection matters Repealed
  49. 39Prior consultation Repealed
  50. 40Logging and documentation Repealed
  51. 41Data Protection Officer Repealed
  52. 42Supervision by the national supervisory authority Repealed
  53. 43Supervision by the EDPS Repealed
  54. 44Cooperation between the EDPS and national supervisory authorities Repealed
  55. 45Cooperation Board Repealed
  56. 46Administrative personal data Repealed
  57. Chapter VII: REMEDIES AND LIABILITY Repealed
  58. 47Right to lodge a complaint with the EDPS Repealed
  59. 48Right to a judicial remedy against the EDPS Repealed
  60. 49General provisions on liability and the right to compensation Repealed
  61. 50Liability for incorrect personal data processing and the right to compensation Repealed
  62. Chapter VIII: JOINT PARLIAMENTARY SCRUTINY Repealed
  63. 51Joint Parliamentary scrutiny Repealed
  64. 52Access by the European Parliament to information processed by or through Europol Repealed
  65. Chapter IX: STAFF Repealed
  66. 53General provisions Repealed
  67. 54Executive Director Repealed
  68. 55Deputy Executive Directors Repealed
  69. 56Seconded national experts Repealed
  70. Chapter X: FINANCIAL PROVISIONS Repealed
  71. 57Budget Repealed
  72. 58Establishment of the budget Repealed
  73. 59Implementation of the budget Repealed
  74. 60Presentation of accounts and discharge Repealed
  75. 61Financial rules Repealed
  76. Chapter XI: MISCELLANEOUS PROVISIONS Repealed
  77. 62Legal status Repealed
  78. 63Privileges and immunities Repealed
  79. 64Language arrangements Repealed
  80. 65Transparency Repealed
  81. 66Combating fraud Repealed
  82. 67Rules on the protection of sensitive non-classified and classified information Repealed
  83. 68Evaluation and review Repealed
  84. 69Administrative inquiries Repealed
  85. 70Headquarters Repealed
  86. Chapter XII: TRANSITIONAL PROVISIONS Repealed
  87. 71Legal succession Repealed
  88. 72Transitional arrangements concerning the Management Board Repealed
  89. 73Transitional arrangements concerning the Executive Director, the Deputy Directors and staff Repealed
  90. 74Transitional budgetary provisions Repealed
  91. Chapter XIII: FINAL PROVISIONS Repealed
  92. 75Replacement and repeal Repealed
  93. 76Maintenance in force of the internal rules adopted by the Management Board Repealed
  94. 77Entry into force and application Repealed
  95. Signature
  96. Annex ILIST OF FORMS OF CRIME REFERRED TO IN ARTICLE 3(1) Repealed
  97. Annex II Repealed
  98. 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
  99. 1Personal data collected and processed for the purpose of cross-checking shall relate to: Repealed
  100. 2Data relating to the persons referred to in paragraph 1 may include only the following categories of personal data: Repealed
  101. 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
  102. 4Division 4 Repealed
  103. 5Division 5 Repealed
  104. 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
  105. 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
  106. 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
  107. 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
  108. 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
  109. 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
  110. 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
  111. 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