The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019

PART 11 U.K. Europol

Interpretation U.K.

36.  In this Part—

“Europol” means the European Union Agency for Law Enforcement Cooperation, as established by the Europol Regulation;

“Europol Regulation” means 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.

Commencement Information

I1 Reg. 36 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Revocation of the Europol Regulation U.K.

37.  Subject to regulation 40 (saving provisions – information provided before commencement day), the Europol Regulation is revoked.

Commencement Information

I2 Reg. 37 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Revocation of Europol Council Decisions U.K.

38.  The following Council Decisions are revoked in so far as they are retained EU law—

(a) Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol);

(b) Council Decision 2009/934/JHA of 30 November 2009 adopting the implementing rules governing Europol's relations with partners, including the exchange of personal data and classified information;

(c) Council Decision 2009/935/JHA of 30 November 2009 determining the list of third States and organisations with which Europol shall conclude agreements;

(d) Council Decision 2009/936/JHA of 30 November 2009 adopting the implementing rules for Europol analysis work files;

(e) Council Decision 2009/968/JHA of 30 November 2009 adopting the rules on the confidentiality of Europol information.

Commencement Information

I3 Reg. 38 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Revocation of Commission Decision (EU) 2017/388 U.K.

39.  Commission Decision (EU) 2017/388 of 6 March 2017 confirming the participation of the United Kingdom of Great Britain and Northern Ireland in Regulation (EU) 2016/794 of the European Parliament and of the Council on the European Union Agency for Law Enforcement Cooperation (Europol) is revoked.

Commencement Information

I4 Reg. 39 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Saving provisions – information provided before commencement day U.K.

40.—(1) The following provisions of the Europol Regulation continue to have effect in relation to information provided by Europol to the United Kingdom before commencement day, with the modifications specified below [F1 (and see Title VII of Part 3 of the withdrawal agreement and sections 7A and 7C of the Withdrawal Act)]—

(a) paragraph 3 of Article 20 (access by Member States and Europol's staff to information stored by Europol), with the modification that the reference to “Member States” is to be treated as a reference to “any person or body having functions of a public nature that received information provided by Europol prior to commencement day, or successor thereto,”;

(b) for paragraph 7 of Article 23 (common provisions), substitute—

“7.   Onward transfers of personal data held by Europol by any person or body having functions of a public nature that received information provided by Europol prior to commencement day, or successor thereto, shall be prohibited, unless Europol has given its prior explicit authorisation.”;

(c) Article 30 (processing of special categories of personal data and of different categories of data subjects), with the following modifications—

(i) omit paragraphs 3 and 6;

(ii) in paragraph 4, omit “or Union”;

(iii) in paragraph 5, the reference to “Chapter V” is to be treated as a reference to “national law”;

(d) Article 32 (security of processing), with the following modifications—

(i) omit paragraph 1;

(ii) in paragraphs 2 and 3, omit “Europol and”;

(iii) in paragraph 2, the reference to “each Member State” is to be treated as a reference to “any person or body having functions of a public nature that received information provided by Europol prior to commencement day, or successor thereto,”;

(iv) in paragraph 3, the reference to “Member States” is to be treated as a reference to “any person or body having functions of a public nature that received information provided by Europol prior to commencement day, or successor thereto,”.

(2) Article 42 of the Europol Regulation (supervision by the national supervisory authority) continues to have effect, with the modifications specified below—

(a) for paragraph 1, substitute—

“1.   The Information Commissioner's Office shall have the task of monitoring independently, in accordance with national law, the permissibility of the transfer, the retrieval and any communication to Europol before the date on which regulation 37 of the Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (revocation of the Europol Regulation) commenced of personal data by the United Kingdom, and of examining whether such transfer, retrieval or communication violates the rights of the data subjects concerned. For that purpose, the Information Commissioner's Office shall have access to data submitted by the United Kingdom to Europol in accordance with the relevant national procedures.”;

(b) omit paragraphs 2 and 3;

(c) for paragraph 4, substitute—

“4.   Any person shall have the right to request the Information Commissioner's Office to verify the legality of any transfer or communication to Europol before the date on which regulation 37 of the Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (revocation of the Europol Regulation) commenced of data concerning him or her in any form and of access to those data by the United Kingdom. That right shall be exercised in accordance with national law.”.

Textual Amendments

F1 Words in reg. 40 inserted (31.12.2020 immediately before IP completion day) by The Law Enforcement and Security (Separation Issues etc.) (EU Exit) Regulations 2020 (S.I. 2020/1408), regs. 1, 14

Commencement Information

I5 Reg. 40 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Revocation of additional legislation U.K.

41.  The following Orders are revoked—

(a) The European Police Office (Legal Capacities) Order 1996 M1 ;

(b) The European Communities (Immunities and Privileges of the European Police Office) Order 1997 M2 ;

(c) The European Communities (Immunities and Privileges of the European Police Office) (Amendment) Order 2004 M3 .

Commencement Information

I6 Reg. 41 in force at 31.12.2020 on IP completion day (in accordance with 2020 c. 1, Sch. 5 para. 1(1)), see reg. 1

Marginal Citations

M1 S.I. 1996/3157. S.I. 1997/2973 provides for the revocation of S.I. 1996/3157 but neither S.I. has been commenced.

M2 S.I. 1997/2973. S.I. 2004/3330 provides for the amendment of S.I. 1997/2973 but neither S.I. has been commenced.

M3 S.I. 2004/3330.