Regulation (EU) 2016/794 of the European Parliament and of the CouncilShow full title

CHAPTER VIII JOINT PARLIAMENTARY SCRUTINY

Article 51 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:

(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).

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 point (c) of Article 11(1);

(e) the evaluation report drawn up by the Commission, referred to in Article 68(1).

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(1) 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 and submit those conclusions to the European Parliament and national parliaments. The European Parliament shall forward them, for information purposes, to the Council, the Commission and Europol.

Article 52 Access by the European Parliament to information processed by or through Europol

1. For the purpose of enabling it to exercise parliamentary scrutiny of Europol's activities in accordance with Article 51, access by the European Parliament to sensitive non-classified information processed by or through Europol, upon the European Parliament's request, shall comply with the rules referred to in Article 67(1).

2. Access by the European Parliament to EU classified information processed by or through Europol shall be consistent with the Interinstitutional Agreement of 12 March 2014 between the European Parliament and the Council concerning the forwarding to and the handling by the European Parliament of classified information held by the Council on matters other than those in the area of the common foreign and security policy(2), and shall comply with the rules referred to in Article 67(2) of this Regulation.

3. The necessary details regarding access by the European Parliament to the information referred to in paragraphs 1 and 2 shall be governed by working arrangements concluded between Europol and the European Parliament.

(1)

Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43).

(2)

OJ C 95, 1.4.2014, p. 1.