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1. Without prejudice to Article 90 of Regulation (EU) 2018/1725, prior consultation of the EDPS shall not apply to specific individual operational activities that do not include any new type of processing that would involve a high risk to the rights and freedoms of the data subjects.

2. Europol may initiate processing operations which are subject to prior consultation of the EDPS pursuant to Article 90(1) of Regulation (EU) 2018/1725 unless the EDPS has provided written advice pursuant to Article 90(4) of that Regulation within the periods provided for in that provision, which start on the date of receipt of the initial request for consultation and are not to be suspended.

3. Where the processing operations referred to in paragraph 2 of this Article have substantial significance for the performance of Europol’s tasks and are particularly urgent and necessary to prevent and combat an immediate threat of a crime that falls within Europol’s objectives or to protect vital interests of the data subject or another person, Europol may exceptionally initiate processing after the prior consultation of the EDPS provided for in Article 90(1) of Regulation (EU) 2018/1725 has started and before the period provided for in Article 90(4) of that Regulation has expired. In that case, Europol shall inform the EDPS prior to the start of processing operations. Written advice of the EDPS pursuant to Article 90(4) of Regulation (EU) 2018/1725 shall be taken into account retrospectively, and the way the processing is carried out shall be adjusted accordingly. The Data Protection Officer shall be involved in assessing the urgency of such processing operations before the period provided for in Article 90(4) of Regulation (EU) 2018/1725 expires and shall oversee the processing in question.

4. The EDPS shall keep a register of all processing operations that have been notified to him or her pursuant to paragraph 1. The register shall not be made public.