Council Decision 2007/533/JHAShow full title

Article 41 Access to SIS II data by Europol

1. The European Police Office (Europol) shall within its mandate have the right to access and search directly, data entered into SIS II in accordance with Articles 26, 36 and 38.

2. Where a search by Europol reveals the existence of an alert in SIS II, Europol shall inform, via the channels defined by the Europol Convention the Member State which issued the alert thereof.

3. Use of information obtained from a search in the SIS II is subject to the consent of the Member State concerned. If the Member State allows the use of such information, the handling thereof shall be governed by the Europol Convention. Europol may only communicate such information to third countries and third bodies with the consent of the Member State concerned.

4. Europol may request further information from the Member State concerned in accordance with the provisions of the Europol Convention.

5. Europol shall:

(a) record every access and search made by it, in accordance with the provisions of Article 12;

(b) without prejudice to paragraphs 3 and 4, not connect parts of SIS II nor transfer the data contained therein to which it has access to any computer system for data collection and processing operated by or at Europol nor download or otherwise copy any part of SIS II;

(c) limit access to data entered in SIS II to specifically authorised staff of Europol;

(d) adopt and apply measures provided for in Articles 10 and 11;

(e) allow the Joint Supervisory Body, set up under Article 24 of the Europol Convention, to review the activities of Europol in the exercise of its right to access and search data entered in SIS II.