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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

article  51

CELEX:  02016R0794-20220628

Joint Parliamentary scrutiny
1. Pursuant to Article 88 TFEU, the scrutiny of Europol's activities shall be carried out by the European Parliament together with national parliaments. This shall constitute a specialised Joint Parliamentary Scrutiny Group (JPSG) established together by the national parliaments and the competent committee of the European Parliament. The organisation and the rules of procedure of the JPSG shall be determined together by the European Parliament and the national parliaments in accordance with Article 9 of Protocol No 1.
2. The JPSG shall politically monitor Europol's activities in fulfilling its mission, including as regards the impact of those activities on the fundamental rights and freedoms of natural persons. For the purposes of the first subparagraph:
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

article  51

CELEX:  02016R0794-20220628

(a) the Chairperson of the Management Board, the Executive Director or their Deputies shall appear before the JPSG at its request to discuss matters relating to the activities referred to in the first subparagraph, including the budgetary aspects of such activities, the structural organisation of Europol and the potential establishment of new units and specialised centres, taking into account the obligations of discretion and confidentiality. The JPSG may decide to invite to its meetings other relevant persons, where appropriate;
(b) the EDPS shall appear before the JPSG at its request, and at least once a year, to discuss general matters relating to the protection of fundamental rights and freedoms of natural persons, and in particular the protection of personal data, with regard to Europol's activities, taking into account the obligations of discretion and confidentiality;
(c) the JPSG shall be consulted in relation to the multiannual programming of Europol in accordance with Article 12(1).
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

article  51

CELEX:  02016R0794-20220628

3. Europol shall transmit the following documents, for information purposes, to the JPSG, taking into account the obligations of discretion and confidentiality:
(a) threat assessments, strategic analyses and general situation reports relating to Europol's objective as well as the results of studies and evaluations commissioned by Europol;
(b) the administrative arrangements concluded pursuant to Article 25(1);
(c) the document containing the multiannual programming and the annual work programme of Europol, referred to in Article 12(1);
(d) the consolidated annual activity report on Europol’s activities, referred to in Article 11(1), point (c), including relevant information on Europol’s activities and results obtained in processing large data sets, without disclosing any operational details and without prejudice to any ongoing investigations;
(e) the evaluation report drawn up by the Commission, referred to in Article 68(1);
(f) annual information pursuant to Article 26(11) on the personal data exchanged with private parties pursuant to Articles 26, 26a and 26b, including an assessment of the effectiveness of cooperation, specific examples of cases demonstrating why those requests were necessary and proportionate for the purpose of enabling Europol to achieve its objectives and carry out its tasks, and, as regards personal data exchanges pursuant to Article 26b, the number of children identified as a result of those exchanges to the extent that this information is available to Europol;
(g) annual information about the number of cases where it was necessary for Europol to process personal data that do not relate to the categories of data subjects listed in Annex II in order to support Member States in an ongoing specific criminal investigation in accordance with Article 18a, alongside information on the duration and outcomes of the processing, including examples of such cases demonstrating why that data processing was necessary and proportionate;
(h) annual information about transfers of personal data to third countries and international organisations pursuant to Article 25(1) or Article 25(4a) broken down per legal basis, and on the number of cases in which the Executive Director authorised, pursuant to Article 25(5), the transfer or categories of transfers of personal data related to an ongoing specific criminal investigation to third countries or international organisations, including information on the countries concerned and the duration of the authorisation;
(i) annual information about the number of cases in which Europol proposed the possible entry of information alerts in accordance with Article 4(1), point (t), including specific examples of cases demonstrating why the entry of those alerts was proposed;
(j) annual information about the number of research and innovation projects undertaken, including information on the purposes of those projects, the categories of personal data processed, the additional safeguards used, including data minimisation, the law enforcement needs those projects seek to address and the outcome of those projects;
(k) annual information about the number of cases in which Europol made use of temporary processing in accordance with Article 18(6a) and, where applicable, the number of cases in which the processing period has been extended;
(l) annual information on the number and types of cases where special categories of personal data were processed, pursuant to Article 30(2). The examples referred to in points (f) and (i) shall be anonymised insofar as personal data are concerned. The examples referred to in point (g) shall be anonymised insofar as personal data are concerned, without disclosing any operational details and without prejudice to any ongoing investigations.
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

article  51

CELEX:  02016R0794-20220628

4. The JPSG may request other relevant documents necessary for the fulfilment of its tasks relating to the political monitoring of Europol's activities, subject to Regulation (EC) No 1049/2001 of the European Parliament and of the Council () and without prejudice to Articles 52 and 67 of this Regulation.
5. The JPSG may draw up summary conclusions on the political monitoring of Europol’s activities, including non-binding specific recommendations to Europol, and submit those conclusions to the European Parliament and national parliaments. The European Parliament shall forward those conclusions, for information purposes, to the Council, the Commission and Europol.