| Dokumendiregister | Riigikogu |
| Viit | 1-2/26-682/1 |
| Registreeritud | 09.10.2026 |
| Sünkroonitud | 11.10.2026 |
| Liik | EL dokument |
| Funktsioon | |
| Sari | |
| Toimik | Ettepanek - COM(2026) 519 |
| Juurdepääsupiirang | Avalik |
| Adressaat | |
| Saabumis/saatmisviis | |
| Vastutaja | |
| Originaal | Ava uues aknas |
| Taotle dokumendi eemaldamist või parandamist |
EN EN
EUROPEAN COMMISSION
Brussels, 1.10.2026 COM(2026) 519 final
2026/0299 (NLE)
Proposal for a
COUNCIL DECISION
on the conclusion of the Cooperation Agreement between the European Union and the
International Criminal Police Organisation (INTERPOL) with regard to border
security, as part of border management
EN 1 EN
EXPLANATORY MEMORANDUM
1. CONTEXT OF THE PROPOSAL
• Reasons for and objectives of the proposal
In a globalised world where serious and organised crimes, including terrorism are increasingly
transnational and multifaceted, the EU law enforcement agencies and bodies must be fully
equipped to cooperate, when necessary, with key external partners to ensure the security of
their citizens.
As outlined in the EU Serious and organised Crime Threat Assessment (SOCTA) 20251,
criminal networks and their activities are unhindered by borders, be it within the EU or
between the EU and the rest of the world. The EU has a central location in the global criminal
landscape, being closely connected with all continents, and serving as a source, transit and
destination region for illicit goods and services.
INTERPOL is the largest global inter-governmental criminal police organisation, with 196
member countries. It facilitates law enforcement cooperation by enabling the sharing of law
enforcement related information and access to law enforcement related databases.
ProtectEU – the European Internal Security Strategy2 recognises INTERPOL as a relevant
partner with which an EU-INTERPOL international agreement should be concluded to ensure
a more unified approach to global security threats and transnational crimes.
The EU and INTERPOL already cooperate in the field of internal and external security,
including counterterrorism and organised crime, and integrated border management. All EU
Member States are members of INTERPOL, the EU is financing capacity building projects in
third countries which are implemented by INTERPOL, and EU legislation foresees the
consultation of certain INTERPOL databases at the Union’s external borders. Moreover, the
European Union Agency for Law Enforcement Cooperation (Europol), the European Union
Agency for Criminal Justice Cooperation (Eurojust) and the European Border and Coast
Guard Agency (the EBCGA) cooperate with INTERPOL in the field of law enforcement and
judicial cooperation in criminal matters, and border security.
Despite the existing cooperation with INTERPOL, there are areas where the cooperation
should be further enhanced. In addition, cooperation should be established in new areas to
address indispensable operational needs and to implement legal acts, aiming to better support
Member States in preventing and combating terrorism and organised crime.
Europol, Eurojust and the EPPO need up-to-date information on criminals and crimes to
support law enforcement and judicial authorities. The EBCGA needs up-to-date information
on criminals and crimes to perform its border management support tasks.
INTERPOL manages a wide range of databases containing that information at a global scale.
INTERPOL’s databases contain over 100 million law enforcement records with information
on individuals (such as names) and stolen property (such as passports, weapons and firearms).
The Cooperation Agreement between the European Union and INTERPOL (the Agreement)
will allow Europol, Eurojust, the EPPO and the EBCGA to directly access a number of
INTERPOL databases.
1 https://www.europol.europa.eu/cms/sites/default/files/documents/EU-SOCTA-2025.pdf 2 Communication from the Commission to the European Parliament, the Council, the European
Economic and Social Committee and the Committee of the Regions on ProtectEU: a European Internal
Security Strategy - COM/2025/148 final of 1 April 2025.
EN 2 EN
In 2001, Europol concluded a cooperation agreement with INTERPOL that provided, among
others, for the exchange of personal data. Since then, the mandate of Europol has been
overhauled3 and the EU data protection regime has been substantively modified. A new
international agreement between the Union and INTERPOL, governing cooperation between
Europol and INTERPOL, is needed to take account of the latest developments in combating
terrorism and cross-border and transnational serious organised crime, to manage present-day
operational needs, to reflect Europol’s mandate, and to reflect the EU’s latest data protection
regime4.
In 2013, Eurojust concluded a memorandum of understanding with INTERPOL that provided
for the exchange of general, strategic and technical information. To enable Eurojust to
exchange personal data with INTERPOL5 in so far as necessary to perform its tasks,6 an
appropriate transfer instrument is necessary, which should enable the strengthening of
operational cooperation between Eurojust and INTERPOL, including through coordination
meetings, coordination centres and joint investigation teams. When Eurojust’s support is
sought to coordinate the implementation of judicial measures and individuals must be arrested
in third countries, the involvement of INTERPOL could bring added value, speed up the
judicial process and facilitate the work of Eurojust7.
The EPPO is empowered to undertake investigations, implement prosecution orders and
exercise the functions of prosecutor in the competent courts of the Member States. Its
operational needs include access to information held in INTERPOL databases and exchanging
information with INTERPOL, considering the cross-border nature of crimes for which the
EPPO is competent and the need to cooperate with third countries. The EPPO could also
benefit from the assistance of INTERPOL to facilitate information exchange in relation to
mutual legal assistance. Cooperation between the EPPO and INTERPOL has yet to be set up
and regulated, in line with the provisions of EPPO’s mandate8.
In 2009, the EBCGA concluded a working arrangement with INTERPOL that provided for
the exchange of strategic and technical information. To enable the EBCGA to exchange
personal data with INTERPOL in so far as necessary for it to carry out its tasks, an
appropriate transfer instrument is necessary.
3 Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol) (OJ
L 121, 15.5.2009, p. 37) and 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/JH (OJ L 135, 24.5.2016, p. 53). 4 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the
protection of natural persons with regard to the processing of personal data and on the free movement of
such data (OJ L 119, 4.5.2016, p. 1), Regulation (EU) 2018/1725 of the European Parliament and of the
Council of 23 October 2018 on the protection of natural persons with regard to the processing of
personal data by the Union institutions, bodies, offices and agencies and on the free movement of such
data (OJ L 295, 21.11.2018, p. 39), Directive (EU) 2016/680 of the European Parliament and of the
Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal
data by competent authorities for the purposes of the prevention, investigation, detection or prosecution
of criminal offences or the execution of criminal penalties, and on the free movement of such data (Data
Protection Law Enforcement Directive) (OJ L 119, 4.5.2016, p. 89). 5 Recital (46) of Regulation (EU) 2018/1727 of the European Parliament and of the Council of
14 November 2018 on the European Union Agency for Criminal Justice Cooperation (Eurojust), and
replacing and repealing Council Decision 2002/187/JHA (OJ L 295, 21.11.2018, p. 138). 6 Article 2(1), (3) of Regulation (EU) 2018/1727. 7 Article 2(2), subparagraph (b) of Regulation (EU) 2018/1727. 8 Recitals (96), (97) and (108) and Article 104 of Regulation (EU) 2017/1939 of 12 October 2017
implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office
(‘the EPPO’) (OJ L 283, 31.10.2017, p. 1).
EN 3 EN
Furthermore, the ETIAS Regulation9 foresees the querying of INTERPOL’s Stolen and Lost
Travel Document (SLTD) and Travel Document Associated with Notices (TDAWN) as part
of the ETIAS travel authorisation process. The Agreement will provide appropriate
safeguards to allow the querying by the ETIAS of INTERPOL’s SLTD and TDAWN.
Notably, it will ensure that no automated notification to the source of the INTERPOL data
shall take place upon a query by the ETIAS Central System and verification by the ETIAS
Central Unit.
Considering the above, in April 2021, the Commission issued a Recommendation for a
Council Decision authorising the opening of negotiations for a cooperation agreement
between the European Union and INTERPOL10. In May 2021, the European Data Protection
Supervisor issued an opinion on the Commission Recommendation for a Council Decision
authorising the opening of negotiations for a cooperation agreement between the EU and
INTERPOL11. In July 2021, the Council of the European Union authorised the opening of
negotiations for a cooperation agreement between the European Union and INTERPOL12.
In July 2022, the European Parliament adopted by 607 votes to 13, with 11 abstentions, a
recommendation on the negotiations13.
The negotiations started in December 2021. 37 formal rounds of negotiations were conducted,
and the negotiations were concluded at the lead negotiator’s level on 3 February 2026.
The co-legislators have been informed throughout the negotiations process and consulted at
all stages of the negotiations, notably by reporting to the Council’s Working Party on Justice
and Home Affairs Information Exchange (IXIM) and the European Parliament’s Committee
for Civil Liberties, Justice and Home Affairs (LIBE).
• Consistency with existing policy provisions in the policy area
The Agreement was negotiated in line with the comprehensive negotiating directives adopted
by the Council on 19 July 2021.
The Agreement is consistent with existing Union policy in the domain of law enforcement,
judicial cooperation in criminal matters and border security, as part of border management.
The Agreement aims to implement existing EU legislation, in particular the ETIAS
Regulation14 which foresees the querying of INTERPOL’s Stolen and Lost Travel Document
(SLTD) and Travel Document Associated with Notices (TDAWN) as part of the ETIAS travel
authorisation process.
9 Regulation (EU) 2018/1240 of the European Parliament and of the Council of 12 September 2018
establishing a European Travel Information and Authorisation System (ETIAS) and amending
Regulations (EU) No 1077/2011, (EU) No 515/2014, (EU) 2016/399, (EU) 2016/1624 and (EU)
2017/2226 (OJ L 236, 19.9.2018, p. 1). 10 Recommendation for a Council Decision authorising the opening of negotiations for a cooperation
agreement between the European Union and the International Criminal Police Organisation (ICPO-
INTERPOL) of 14 April 2021 (COM/2021/177 final). 11 https://www.edps.europa.eu/system/files/2021-05/21-05-
25_opinion_cooperation_between_eu_interpol_en.pdf 12 Council Decision (EU) 2021/1312 of 19 July 2021 authorising the opening of negotiations for a
cooperation agreement between the European Union and the International Criminal Police Organization
(ICPO-INTERPOL) (OJ L 287, 10.8.2021, p. 2) and Council Decision (EU) 2021/1313 of 19 July 2021
authorising the opening of negotiations for a cooperation agreement between the European Union and
the International Criminal Police Organization (ICPO-INTERPOL) (OJ L 287, 10.8.2021, p. 6). 13 European Parliament recommendation of 5 July 2022 to the Council and the Commission on the
negotiations for a cooperation agreement between the European Union and the International Criminal
Police Organization (ICPO-INTERPOL) (2022/2025(INI)) (2023/C 47/23). 14 Regulation (EU) 2018/1240.
EN 4 EN
In recent years, progress was made to improve the cooperation on exchange of information
between Member States and to close the space in which terrorists and criminals operate.
Several Commission strategic documents, such as the ProtectEU: Internal Security Strategy15
and the Agenda to prevent and counter terrorism and violent extremism16, underpin the
necessity of improving the efficiency and effectiveness of law enforcement cooperation in the
EU, as well as of expanding the cooperation with third countries.
The Agreement will enable Europol, Eurojust, the EPPO and the EBCGA to exchange
information with INTERPOL and access certain of its databases, in compliance with the
respective founding regulations, the EU data protection regime and the Charter of
Fundamental Rights of the European Union.
• Consistency with other Union policies
The Agreement provides appropriate safeguards with respect to the processing of personal
data within the meaning of EU data protection law, and more broadly protects fundamental
rights and freedoms of individuals, thereby providing an instrument for the transfer of
information, including personal data, for fighting serious crime and terrorism.
In particular, personal data transfers and processing must respect the Charter of Fundamental
Rights, including through prohibitions on using information in connection with the death
penalty or any form of inhuman treatment or punishment. Europol, Eurojust, the EPPO and
the EBCGA may impose access restrictions and conditions on the use of information,
including additional safeguards where necessary to ensure compliance with EU rules.
The Agreement also contains detailed data protection provisions covering purpose limitation,
special protection for sensitive data, data subjects’ rights, data security, redress and oversight.
Any onward transfer of data to INTERPOL National Central Bureaus or other authorities
requires prior explicit authorisation, must remain limited to the original purpose, and must
maintain at least the same level of protection as the initial transfer.
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
• Substantive legal basis
Article 16(2) and Article 77(1) and (2) of the Treaty on the Functioning of the European
Union (TFEU) provide the safeguards concerning the right to the protection of personal data
(Article 16(2)) and the basis for the external border checks (Article 77(1) and (2)).
Given that the Agreement covers also border security, as part of border management, and
provides for adequate safeguards with respect to the protection of personal data and other
fundamental rights and freedoms of individuals in the context of the cooperation to be
established, the substantive legal bases for this decision are Article 16(2) and Article 77(1)
and (2) TFEU.
• Procedural legal basis
In accordance with Article 218(6) TFEU, where the agreement relates to matters outside of
the common foreign and security policy (CFSP), the Council is to adopt a decision concluding
the agreement on a proposal by the Commission as negotiator.
15 Communication from the Commission to the European Parliament, the Council, the European
Economic and Social Committee and the Committee of the Regions on ProtectEU: a European Internal
Security Strategy - COM/2025/148 final. 16 Communication from the Commission to the European Parliament, the Council, the European
Economic and Social Committee and the Committee of the Regions ProtectEU: Agenda to prevent and
counter terrorism - COM(2026) 101 final of 26 February 2026.
EN 5 EN
Given that Article 16(2) and Article 77(1) and (2) are the substantive legal bases for the
decision to be adopted with regard to border security, as part of border management, the
Council is to adopt the decision concluding the agreement after obtaining the consent of the
European Parliament, in accordance with Article 218(6), second subparagraph, point (a)
TFEU.
Therefore, the procedural legal basis for the proposed decision on concluding the agreement is
Article 218(6), second subparagraph, point (a) TFEU.
• Union competence
Article 3(2) TFEU provides that the EU has exclusive competence “for the conclusion of an
international agreement ... in so far as its conclusion may affect common rules or alter their
scope.” An international agreement may affect common rules or alter their scope where the
area covered by the agreement overlaps with EU legislation or is covered to a large extent by
EU law. The European Union has adopted common rules based on Article 16(2) and Article
77(1) and (2) TFEU on the aspects covered in the EU-INTERPOL Cooperation Agreement.
• Subsidiarity (for non-exclusive competence)
Not applicable.
• Proportionality
The Union’s objectives regarding this proposal as set out above can only be achieved by
entering into a binding international agreement with INTERPOL providing for the necessary
cooperation measures, while ensuring appropriate protection of fundamental rights. The
provisions of the agreement are limited to what is necessary to achieve its main objectives.
• Choice of the instrument
This proposal for a Council decision is submitted in accordance with Article 218(6) TFEU,
which envisages the adoption by the Council of a decision concluding the agreement. There
exists no other legal instrument that could be used in order to achieve the objective expressed
in this proposal
3. RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER
CONSULTATIONS AND IMPACT ASSESSMENTS
• Ex-post evaluations/fitness checks of existing legislation
Not applicable.
• Stakeholder consultations
In the process of the negotiation, the Commission did not use external expertise.
• Collection and use of expertise
Internal consultations, notably with Europol, Eurojust, the EPPO and the EBCGA were
conducted throughout the negotiations.
• Impact assessment
Not applicable.
• Regulatory fitness and simplification
Not applicable.
EN 6 EN
• Fundamental rights
The exchange of information under the Agreement will be subject to a comprehensive set of
rules, principles and obligations to protect fundamental rights, fully in line with EU law. In
particular, the Agreement provides appropriate safeguards for the transfer and the processing
of personal data.
Furthermore, to ensure full respect of the Charter of Fundamental Rights, Article 3 of the
Agreement sets out that the EU and INTERPOL, with respect to information they have
received pursuant to the Agreement, shall maintain safeguards to protect human rights and
fundamental freedoms. The Agreement also recalls that the Union is founded on the principles
of prohibition of the use of information for death penalty and any form of inhuman treatment
or punishment, which will apply to EU’s cooperation with INTERPOL.
Article 5 of the Agreement sets out rules on access restrictions and use conditions with regard
to information provided under the Agreement. In addition to the access restrictions and use
conditions already indicated by EU Member States that originally provided the information,
Europol, Eurojust, the EPPO and the EBCGA may impose any additional access restrictions
and use conditions to ensure that the processing of personal data transferred under the
agreement will comply with EU law and the Charter of Fundamental Rights.
To ensure full compliance with the EU data protection framework, Part One, Section 2 of the
Agreement includes safeguards for the processing of information, including the possibility to
suspend transfers of personal data (Article 6), the purpose limitation principle regarding the of
processing of information (Article 7) and other relevant data protection principles (Article 8),
additional protections for special categories of data (Article 9), data subjects’ rights to access,
rectification, deletion and redress (Articles 12, 13 and 20), obligations regarding data security
(Article 17), and oversight (Article 19).
In accordance with Article 11, any onward transfer to the INTERPOL National Central
Bureaus, national and international entities and competent authorities of the EU Member
States will be subject to comprehensive data protection obligations, establishing inter alia that
data may be onward transferred only: (i) with prior explicit authorisation by the sending
entity; (ii) for the same purpose(s) as for which it was initially provided; and (iii) subject to
the safeguards and conditions applying to the initial transfer. Any further transfers of data
cannot be more permissive or less protected than the initial transfer.
4. BUDGETARY IMPLICATIONS
No legislative financial and digital statement is foreseen for the budgetary implications of the
Agreement. Article 37 sets out rules on costs for the implementation of the Agreement. Each
party will bear its own costs, except for the connection costs to the respective INTERPOL
databases identified in the Agreement that will be borne by the Union. In addition, a
mechanism is established to annually review technical and operational costs incurred by
INTERPOL that are directly attributable to direct access to INTERPOL databases, indirect
access and exchange of information under the Agreement. Any payment to INTERPOL shall
be subject to budget availability and require prior budgetary commitment by the competent
Union institution.
EN 7 EN
5. OTHER ELEMENTS
• Implementation plans and monitoring, evaluation and reporting arrangements
Article 43 of the Agreement foresees the conclusion of future supplementary arrangements
between Europol, Eurojust, the EPPO and the EBCGA, as well as the EU for the purposes of
ETIAS, on the one hand, and INTERPOL, on the other.
With regard to monitoring, Article 45 provides that the European Union and INTERPOL shall
jointly review the implementation of the Agreement no later than three years from the date of
entry into force of the Agreement and on a regular basis thereafter.
In addition, Article 34 provides that the European Union and INTERPOL shall jointly review
the implementation of Article 34 one year after ETIAS access to SLTD and TDAWN
commences and subsequently no later than every two years.
• Explanatory documents (for directives)
Not applicable.
• Detailed explanation of the specific provisions of the proposal
The Agreement establishes a framework for cooperation between Europol, Eurojust, the
EPPO, and the EBCGA, on one side, and INTERPOL, on the other, enabling them to
cooperate more effectively in preventing, detecting, investigating and prosecuting serious
forms of cross-border crime and terrorism. The Agreement enables the exchange of both
personal data and non-personal data and also enables Europol, Eurojust, the EPPO, and the
EBCGA to have direct access to six INTERPOL’s databases.
In addition, the Agreement supports the functioning of ETIAS by enabling it to screen
applicants for a travel authorisation against INTERPOL’s SLTD and TDAWN data. This
screening helps determine whether a travel document used in an application has been reported
as stolen, lost, misappropriated, invalidated, or linked to an INTERPOL notice and
strengthens the Union’s capacity to identify potential security risks.
The Agreement ensures that the cooperation fully complies with the EU data protection
framework, fully respects the fundamental rights and observes the principles recognised by
the Charter of Fundamental Rights. Ultimately, the Agreement contributes to enhancing the
security of the Union and the safety of its citizens.
The main components of the Agreement are: (i) law enforcement and judicial cooperation in
criminal matters; and (ii) border security, as part of border management.
The specific component of border security, as part of border management, concerns: (i) the
common provisions of the Agreement (Part 1 and more specifically Article 1(1)(b) and Article
7(1)(b)); (ii) the general provisions concerning the cooperation between INTERPOL and the
EBCGA (Part 2, Section 1 and more specifically Article 25(1)(b)); (iii) the specific provisions
relating to the EBCGA (Part 2, Section 2 and more specifically Article 33); (iv) the
cooperation with respect to ETIAS (Part 3, i.e. Articles 34 and 35); (v) the financial
provisions (Part 4 and more specifically Article 37(2), first subparagraph, second sentence
and Article 37(2), third subparagraph); (vi) the final provisions (Part 5 and more specifically
Article 43(2)(a), Article 44(2)(a)(i) and Article 44(2)(a)(iii)); and (vii) declarations on ETIAS
and EU Visa Information System.
PART ONE: COMMON PROVISIONS
PART ONE, SECTION 1: INITIAL PROVISIONS
EN 8 EN
Article 1 sets out the purpose of the Agreement. Article 1(1)(a) provides that the purpose of
this Agreement is to further cooperation between the European Union and INTERPOL in the
areas of law enforcement and judicial cooperation in criminal matters. Article 1(1)(b)
provides that the purpose of this Agreement is to further cooperation between the European
Union and INTERPOL in the areas of border security. Article 1(3) provides an obligation for
both Parties to implement the obligations of the Agreement in their respective legal
frameworks.
Article 2 includes the definitions of the Agreement.
Article 3 provides for effective safeguards to protect human rights.
Article 4 includes provisions on neutrality.
Article 5 sets out rules on access restrictions and use conditions with regard to information
provided under the Agreement. In addition to the access restrictions and use conditions
already indicated by EU Member States that originally provided the information, Europol,
Eurojust, the EPPO and the EBCGA may impose any additional access restrictions and use
conditions, including those necessary to ensure compliance with the Charter of Fundamental
Rights. It also provides that both Parties shall have in place effective compliance measures.
PART ONE, SECTION 2: PROTECTION OF INFORMATION
Article 6 sets out appropriate safeguards for information processed under the Agreement. It
also includes a provision on the suspension of personal data transfers in case of systematic or
material breach of the terms of Agreement or where material breach is imminent.
Article 7 enshrines the purpose limitation principle, defining the lawful purposes for which
data may be processed under the Agreement: notably, Article 7(1)(a) sets out the purposes in
relation to law enforcement and judicial cooperation in criminal matters, whereas Article
7(1)(b) sets out the purposes in relation to border security.
Article 8 includes general data protection principles.
Article 9 includes additional safeguards for the processing of special categories of data.
Article 10 concerns decision-making based on automated processing, providing that decisions
that produce a significant adverse effect on an individual shall not be based solely on the
automated processing of the personal data received under the Agreement.
Article 11 provides the general processing conditions for information directly and indirectly
accessed and exchanged under the Agreement. In particular, for onward transfers, three
cumulative conditions must be satisfied: (i) prior explicit authorisation to sharing is given by
the provider of information; (ii) the information is shared for the same purpose(s) for which it
was initially provided; and (iii) the safeguards and conditions applying to the initial transfer
are applied.
Article 12 provides for the right of access, ensuring that the data subject has the right to obtain
information on whether personal data relating to that data subject are processed under the
Agreement.
Article 13 provides for the right to rectification and deletion, which ensures that the data
subject has the right to request to rectify or delete inaccurate personal data concerning that
data subject processed under the Agreement.
Article 14 provides for information to be provided regarding the rights of access, rectification,
deletion and redress.
Article 15 enshrines the principle of storage limitation and data accuracy.
EN 9 EN
Article 16 provides for the maintaining of records of logs and all processing operations
concerning data transferred under the Agreement.
Article 17 provides for data security, ensuring the integrity and confidentiality of the
information exchanged under the Agreement.
Article 18 provides for the designation of data protection officers.
Article 19 provides for the independent oversight of the personal data protection safeguards
under the Agreement.
Article 20 provides data subjects with the right to obtain redress.
Article 21 provides for the possibility to foresee access, rectification, deletion, and redress for
entities.
Article 22 provides for the notification of the provisions in the respective legal frameworks
implementing the Agreement with respect to the processing of personal data obtained under
the Agreement.
PART TWO: COOPERATION BETWEEN INTERPOL AND EUROPOL, EUROJUST,
THE EPPO ANDTHE EBCGA
PART TWO, SECTION 1: GENERAL PROVISIONS
Article 23 sets out the scope of the cooperation between INTERPOL and Europol, Eurojust,
the EPPO and the EBCGA.
Article 24 establishes rules for the indirect access to information by INTERPOL and Europol,
Eurojust, the EPPO and the EBCGA.
Article 25 establishes rules for the direct access by Europol, Eurojust, the EPPO and the
EBCGA to INTERPOL’s databases. In particular, Article 25(1)(a) concerns Europol’s access
to the International Child Sexual Exploitation (ICSE) database, the INTERPOL Illicit Arms
Records and Tracing Management System (iARMS) and the INTERPOL Firearms Reference
Table (IFRT), whereas Article 25(1)(b) concerns the EBCGA access to the Frontex
INTERPOL Electronic Library Document System (FIELDS). Furthermore, pursuant to
Article 25(2)(a), access to the Electronic Documentation and Information System on
Investigation Networks with Information on Travel Documents (EDISON) shall be granted to
Europol, Eurojust, the EPPO and the EBCGA. Pursuant to Article 25(2)(b) access to the
Frontex INTERPOL Electronic Library Document System (FIELDS) shall be granted to
Europol, Eurojust and the EPPO; pursuant to Article 25(2)(c) access to the INTERPOL Illicit
Arms Records and tracing Management System (iARMS) shall be granted to Eurojust.
Pursuant to Article 25(2)(d) access to the INTERPOL Firearms Reference Table (IFRT) shall
be granted to Eurojust, the EPPO and the EBCGA. Pursuant to Article 25(2)(e) access to the
Stolen Vessels Database (SVD) shall be granted to the EPPO and the EBCGA.
Article 26 sets out general rules governing the access to and exchange of information between
INTERPOL and Europol, Eurojust, the EPPO and the EBCGA. More specifically, Article
26(4)(a) provides that the channels of communication between Europol and INTERPOL shall
continue pursuant to arrangements currently in force.
Article 27 provides for strategic, technical, and operational coordination and planning
between INTERPOL and Europol, Eurojust, the EPPO and the EBCGA.
Article 28 provides for the possibility to deploy liaison personnel between INTERPOL and
Europol, Eurojust, the EPPO and the EBCGA. More specifically, Article 28(2)(b) provides
EN 10 EN
that, with respect to the liaison personnel between INTERPOL and Europol, the arrangement
currently in force shall apply.
Article 29 provides for the possibility to transmit information between INTERPOL and
Europol, Eurojust, the EPPO and the EBCGA without prior request.
PART TWO, SECTION 2: SPECIFIC PROVISIONS RELATING TO EUROPOL,
EUROJUST, THE EPPO AND THE EBCGA
Article 30 provides for additional provisions relating specifically to INTERPOL – Europol
cooperation.
Article 31 provides for additional provisions relating specifically to INTERPOL – Eurojust
cooperation.
Article 32 provides for additional provisions relating specifically to INTERPOL – EPPO
cooperation.
Article 33 provides for additional provisions relating specifically to INTERPOL – EBCGA
cooperation.
PART THREE: COOPERATION WITH RESPECT TO THE EUROPEAN TRAVEL
INFORMATION AND AUTHORISATION SYSTEM (ETIAS)
Article 34 provides for the direct access to and use of Stolen and Lost Travel Documents
(SLTD) and Travel Documents Associated with Notices (TDAWN) data for the purposes of
ETIAS. In case of a hit, the ETIAS Central Unit will handle the processing, assessing and
verification of the data and transmit it to ETIAS National Unit for a final decision on the
travel authorisation. No automated notification to the source of the INTERPOL data shall take
place upon a query by the ETIAS Central System and verification by the ETIAS Central Unit.
As part of its security assessment, the ETIAS National Unit shall directly consult with, and
transmit INTERPOL’s SLTD and TDAWN ‘reference number’ to, the INTERPOL National
Central Bureau of its Member State, for the purpose of that National Central Bureau
conducting checks with the source of the data to verify the accuracy and relevance of the data.
Article 35 sets out provisions concerning Member States of the European Union and other
countries (namely Schengen Associated Countries: Iceland, Liechtenstein Norway, and
Switzerland) that apply Article 34.
PART FOUR: FINANCIAL PROVISIONS
Article 36 provides for the European Union support to the implementation of the Agreement
through the facilitation of the secondment of experts to INTERPOL.
Article 37 sets out provisions under which the costs for the implementation of the Agreement
will be borne. The European Union and INTERPOL will each bear their own costs, except for
the connection costs to the respective INTERPOL databases identified in the Agreement that
will be borne by the Union. More specifically, Article 37(2), first subparagraph, first sentence
provides that Europol shall pay the costs relating to International Child Sexual Exploitation
(ICSE) and INTERPOL Illicit Arms Records and Tracing Management System (iARMS)
databases, whereas Article 37(2), first subparagraph, second sentence provides that the
EBCGA shall pay the costs relating to the Frontex INTERPOL Electronic Library Document
System (FIELDS). Article 37(2), second subparagraph provides that Europol, Eurojust, the
EPPO and the EBCGA shall pay the costs of establishing their respective connections to
INTERPOL databases and other connections they may agree to establish to INTERPOL
Information System, provided, however, that no connection fees to iARMs and FIELDS shall
be paid by Europol, Eurojust, the EPPO. Article 37(2), third subparagraph provides that the
EN 11 EN
EU shall pay the costs to establish connections to Stolen and Lost Travel Documents (SLTD)
and Travel Documents Associated with Notices (TDAWN) for the purposes of Articles 34
and 35, and the costs to configure SLTD and TDAWN for the purposes of the ETIAS Central
System directly accessing subsets of SLTD and TDAWN in accordance with Article 34(2)(a).
Article 37(3) concerns costs relating to successor arrangements and future supplementary
arrangements. Article 37(4) concerns the mechanism for the annual review of technical and
operational costs incurred by INTERPOL that are directly attributable to direct access to
INTERPOL databases, indirect access and exchange of information under the Agreement.
PART FIVE: FINAL PROVISIONS
Article 38 provides for the use of name and distinctive signs.
Article 39 sets out provisions on privileges and immunities.
Article 40 provides for conditions to query INTERPOL databases through the European
Union Administered Infrastructure.
Article 41 establishes a Joint European Union – INTERPOL Committee, comprised of
representatives of the European Union and INTERPOL, which shall, among others facilitate
the implementation of the Agreement, consider ways to further enhance cooperation between
the European Union and INTERPOL, and carry out reviews under the provisions of the
Agreement.
Article 42 sets out rules on the amendments to the Agreement.
Article 43 sets out rules concerning future supplementary arrangements.
Article 44 provides for the application of prior agreements, arrangements and memoranda of
understanding. Notably, the 2001 Europol-INTERPOL agreement, 2009 the EBCGA-
INTERPOL working arrangement and 2013 Eurojust-INTERPOL memorandum of
understanding are replaced by this Agreement. Other agreements, arrangements and
memoranda of understanding between Europol and INTERPOL and between the EBCGA and
INTERPOL shall remain in effect.
Article 45 provides for a mechanism for the joint review of the implementation of the
Agreement.
Article 46 sets out rules for the settlement of disputes, ensuring that all disputes that may
emerge in connection with the interpretation, application, or implementation of the Agreement
will give rise to consultations and negotiations between the Parties with a view to reaching a
mutually agreeable solution.
Article 47 sets out rules on liability.
Article 48 sets out rules on the suspension of the Agreement.
Article 49 sets out rules on the termination of the Agreement.
Article 50 sets out rules on the entry into force of the Agreement.
• Text of the Agreement and notifications
The text of the Agreement and the text of three declarations on a Security of Information
Agreement, ETIAS and EU Visa Information System are submitted to the Council together
with this proposal.
In accordance with the Treaties, it is for the Commission to proceed to make the notification
provided for in Article 50 of the Agreement, in order to express the consent of the Union to be
bound by the Agreement.
EN 12 EN
2026/0299 (NLE)
Proposal for a
COUNCIL DECISION
on the conclusion of the Cooperation Agreement between the European Union and the
International Criminal Police Organisation (INTERPOL) with regard to border
security, as part of border management
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular
Article 16(2), Article 77(1) and (2), in conjunction with Article 218(6), second subparagraph,
point (a) thereof,
Having regard to the proposal from the European Commission,
Having regard to the consent of the European Parliament1,
Whereas:
(1) In accordance with Council Decision [XXX] of […]2, the Cooperation Agreement
between the European Union and INTERPOL (the Agreement) was signed on […],
subject to its conclusion at a later date.
(2) The Agreement establishes cooperative relations between the European Union Agency
for Law Enforcement Cooperation (Europol), the European Union Agency for
Criminal Justice Cooperation (Eurojust), the European Public Prosecutor’s Office (the
EPPO), and the European Border and Coast Guard Agency (the EBCGA), on one side,
and INTERPOL, on the other. The Agreement enables the transfer of personal and
non-personal data between them, with a view to combating serious crime and
terrorism, and protecting the security of the Union and its citizens.
(3) The Agreement also enables the European Travel Information and Authorisation
System (ETIAS) to screen persons applying for a travel authorisation against
INTERPOL’s Stolen and Lost Travel Documents (SLTD) and Travel Documents
Associated with Notices (TDAWN) data with a view to assessing whether that person
could pose a threat to security.
(4) The Agreement ensures full respect of the fundamental rights of the Union, in
particular the right to respect for private and family life, the right to the protection of
personal data and the right to an effective remedy and to a fair trial recognised in
Articles 7, 8 and 47 of the Charter of Fundamental Rights of the European Union3,
respectively. The Agreement provides adequate safeguards for the protection of
personal data transferred under the Agreement.
(5) This Decision concerns the provisions of the Agreement on border security, as part of
border management, as well as the specific horizontal provisions of the Agreement
which directly concern a Schengen related matter. This Decision does not concern the
1 Consent published in OJ L, …. 2 OJ L, … 3 OJ C 326, 26.10.2012, p. 391
EN 13 EN
provisions of the Agreement on law enforcement and judicial cooperation in criminal
matters, in particular Article 1(1)(a), Article 7(1)(a), Article 25(1)(a), Article 25(2)(b),
Article 25(2)(c), Article 26(4)(a), Article 28(2)(b), Articles 30, 31 and 32, Article
37(2), first subparagraph, first sentence, Article 44(2)(a)(ii) and Article 44(2)(a)(iv)-
(viii), which are addressed by a separate Council decision on conclusion to be adopted
in parallel with this Decision.
(6) This Decision constitutes a development of the provisions of the Schengen acquis, in
which Ireland does not take part in accordance with Protocol 19 on the Schengen
acquis and, subject to the application of Article 4 of that Protocol, Ireland is not bound
by it or subject to its application.
(7) In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark,
annexed to the Treaty on European Union and to the Treaty on the Functioning of the
European Union, Denmark is not taking part in the adoption of this Decision and is not
bound by it or subject to its application.
(8) The European Data Protection Supervisor was consulted in accordance with Article 42
of Regulation (EU) 2018/1725 of the European Parliament and of the Council4 and
delivered an opinion on [[XX][XX]2026].
(9) The Agreement should be approved and the declarations on a Security of Information
Agreement, ETIAS and EU Visa Information System should be made,
HAS ADOPTED THIS DECISION:
Article 1
The Cooperation Agreement between the European Union and INTERPOL with regard to
border security, as part of border management, is hereby approved5.
Article 2
The declarations are hereby approved6.
Article 3
This Decision shall enter into force on […]7.
Done at Brussels,
For the Council
The President
4 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the
protection of natural persons with regard to the processing of personal data by the Union institutions,
bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC)
No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39). 5 The Cooperation Agreement between the European Union and INTERPOL is published in OJ L, …,
ELI …. 6 The declarations are published in OJ L, …, ELI …. 7 The date of entry into force of the Agreement will be published in the Official Journal of the European
Union.
EN EN
EUROPEAN COMMISSION
Brussels, 1.10.2026 COM(2026) 519 final
ANNEX
ANNEX
to the
Proposal for a Council Decision
on the conclusion of the Cooperation Agreement between the European Union and the
International Criminal Police Organisation (INTERPOL) with regard to border
security, as part of border management
EN 1 EN
ANNEX
COOPERATION AGREEMENT BETWEEN THE EUROPEAN UNION AND THE
INTERNATIONAL CRIMINAL POLICE ORGANIZATION – INTERPOL
TABLE OF CONTENTS
Part ONE: COMMON PROVISIONS
Part One, Section 1: Initial provisions
Article 1: Purpose and implementation
Article 2: Definitions
Article 3: Safeguards to protect human rights
Article 4: Neutrality
Article 5: Access restrictions and use conditions
Part One, Section 2: Protection of information
Article 6: Appropriate safeguards for information processed under this Agreement
Article 7: Purposes of processing
Article 8: General processing principles
Article 9: Special categories
Article 10: Decisions based on automated processing
Article 11: Availability and processing of information
Article 12: Right to access to information
Article 13: Right to rectification and deletion
Article 14: Information regarding access, rectification, deletion and redress
Article 15: Retention and maintaining the accuracy of information
Article 16: Maintaining records
Article 17: Data security, integrity and confidentiality
Article 18: Data protection officers
Article 19: Oversight
Article 20: Right to redress
Article 21: Access, rectification, deletion, and redress for entities
Article 22: Notification of implementation
EN 2 EN
PART TWO: COOPERATION BETWEEN INTERPOL AND EUROPOL,
EUROJUST, THE EPPO AND THE EBCGA
Part Two, Section 1: General provisions
Article 23: Object and scope of cooperation between INTERPOL and Europol, Eurojust, the
EPPO and the EBCGA
Article 24: Indirect access
Article 25: Direct Access
Article 26: General principles governing access to and exchange of information
Article 27: Strategic, technical, and operational coordination and planning
Article 28: Liaison Personnel
Article 29: Spontaneous information
Part Two, Section 2: Specific provisions relating to Europol, Eurojust, the EPPO and
the EBCGA
Article 30: Additional provisions relating to INTERPOL – Europol Cooperation
Article 31: Additional provisions relating to INTERPOL – Eurojust Cooperation
Article 32: Additional provisions relating to INTERPOL – EPPO Cooperation
Article 33: Additional provisions relating to INTERPOL – EBCGA Cooperation
PART THREE: COOPERATION WITH RESPECT TO THE EUROPEAN TRAVEL
INFORMATION AND AUTHORISATION SYSTEM (ETIAS)
Article 34: Direct access to and use of Stolen and Lost Travel Documents (SLTD) and Travel
Documents Associated with Notices (TDAWN) data for the purposes of ETIAS
Article 35: Member States of the European Union and other countries that apply Article 34
PART FOUR: FINANCIAL PROVISIONS
Article 36: European Union support to the implementation of this Agreement
Article 37: Costs
PART FIVE: FINAL PROVISIONS
Article 38: Use of Name and Distinctive Signs
Article 39: Privileges and Immunities
Article 40: Use of European Union Administered Infrastructure
EN 3 EN
Article 41: Joint European Union – INTERPOL Committee
Article 42: Amendment
Article 43: Future Supplementary Arrangements
Article 44: Application of prior agreements, arrangements and memoranda of understanding
Article 45: Joint review
Article 46: Settlement of disputes
Article 47: Liability
Article 48: Suspension
Article 49: Termination
Article 50: Entry into force
EN 4 EN
Preamble
The European Union,
and
The International Criminal Police Organization – INTERPOL (INTERPOL),
AWARE of transnational and cross-border crime’s ever-increasing nature and the need to
enhance law enforcement cooperation at the regional and global levels;
RECALLING that the European Union has the objective of maintaining and developing an
area of freedom, security and justice, in which a high level of internal security within the
Union is ensured through measures to prevent and combat crime, and through coordination
and cooperation between law enforcement and judicial authorities;
RECOGNIZING that INTERPOL is a global inter-governmental criminal police organization
that plays a critical role in facilitating cooperation among law enforcement and judicial
authorities around the world in accordance with the safeguards of its Constitution and legal
framework;
CONSIDERING the importance of close cooperation between the European Union, and
INTERPOL for purposes of prevention, detection, investigation and prosecution of criminal
offenses and execution of criminal penalties, and border security, as part of border
management and border control activities;
CONSIDERING the role of the European Union Agency for Law Enforcement Cooperation
(Europol), the European Union Agency for Criminal Justice Cooperation (Eurojust), the
European Public Prosecutor’s Office (the EPPO) and the European Border and Coast Guard
Agency (the EBCGA) in those areas of cooperation;
BEARING IN MIND the values shared by the European Union and INTERPOL reflected in
the United Nations Universal Declaration on Human Rights;
RECALLING that the European Union is founded on the principles of respect for human
rights and fundamental freedoms, including the prohibition of death penalty and any form of
inhuman treatment or punishment, as reflected in the Charter of Fundamental Rights of the
European Union. These principles also apply to the European Union’s cooperation with
INTERPOL;
DESIRING to establish a lasting legal framework through which to enhance or establish
cooperation between the European Union and INTERPOL;
REAFFIRMING that the European Union and INTERPOL consider one another as partners
that will cooperate based on the principle of reciprocity.
Have agreed as follows:
EN 5 EN
Part ONE: COMMON PROVISIONS
Part One, Section 1: Initial provisions
Article 1
Purpose and implementation
(1) The purpose of this Agreement is to further cooperation between the European Union
and INTERPOL in the areas of:
(a) law enforcement and judicial cooperation in criminal matters, in order to
prevent, detect, investigate and prosecute criminal offenses and execute
criminal penalties including cooperation on asset recovery within the
framework of proceedings in criminal matters; and
(b) border security, meaning, for the purpose of this Agreement, identification of
security risks, prevention and detection of cross-border crime, as part of border
management and border control activities.
(2) The terms of this Agreement regulate strategic, technical and operational
cooperation; they also set out safeguards concerning the exchange of information.
(3) The European Union and INTERPOL shall implement the obligations of this
Agreement in their respective legal frameworks.
(4) This Agreement is without prejudice to cooperation not regulated by this Agreement
between INTERPOL and the EU Member States and other member countries of
INTERPOL.
(5) This Agreement is also without prejudice to cooperation between the European
Union and INTERPOL that is not regulated by this Agreement.
Article 2
Definitions
For the purpose of this Agreement:
(a) “INTERPOL Information System” means all the structured material resources
and software used by INTERPOL – databases, communications infrastructure,
advanced sensor technology and other services – to process data through its
channels in the context of international police cooperation.
(b) “Information” means personal and non-personal data.
(c) “Indirect access” means:
(i) for INTERPOL, the provision of information to, or the receipt of
information from, the information system(s) of a European Union body
EN 6 EN
or agency covered by the Agreement, with the assistance of that
European Union body or agency, and
(ii) for a European Union body or agency, the provision of information to, or
the receipt of information from, the INTERPOL Information System with
the assistance of the INTERPOL General Secretariat.
(d) “Direct access” means:
(i) for INTERPOL, the provision of information to, or the receipt of
information from, information system(s) of a European Union body or
agency covered by this Agreement by expressly authorized persons
without the assistance of that European Union body or agency, and
(ii) for a European Union body or agency, the provision of information to, or
the receipt of information from, the INTERPOL Information System by
expressly authorized persons without the assistance of the INTERPOL
General Secretariat.
(e) “Personal data” means any information relating to an identified or identifiable
natural person.
(f) “Biometric data” means personal data relating to physical, biological,
behavioural or physiological characteristics, such as fingerprints, facial images,
or DNA profiles that have been subject to specific technical processing to
enable or confirm the identification of an individual.
Article 3
Safeguards to protect human rights
(1) The European Union and INTERPOL shall, in their respective legal frameworks,
maintain safeguards to protect human rights and liberties in the spirit of the Universal
Declaration of Human Rights, with respect to information received pursuant to this
Agreement.
(2) The European Union and INTERPOL shall each have in place measures to provide
for the effective implementation of the safeguards described in paragraph 1.
Article 4
Neutrality
Nothing in this Agreement shall be interpreted as providing a basis for any intervention or
activities of a political, military, religious or racial character.
Article 5
Access restrictions and use conditions
(1) (a) With regard to information provided under this agreement, Europol, Eurojust,
the EPPO, the EBCGA and the INTERPOL General Secretariat may specify:
EN 7 EN
(i) access restrictions, by indicating which countries, international entities as
designated under INTERPOL’s rules or other European Union bodies
and agencies shall be able to obtain the information;
(ii) use conditions, including conditions on the use of the information as
evidence in criminal proceedings.
(b) The recipient of the information may seek consultations regarding an access
restriction or use condition, including, in particular, to clarify its scope.
(c) The European Union and INTERPOL shall each have in place effective
measures to provide for compliance with access restrictions and use
conditions.
(2) Access restrictions and use conditions under paragraph 1 may be general or apply
only to the provision of information in individual cases. Access restrictions and use
conditions may be changed at any time.
(3) For purposes of paragraph 1:
(a) INTERPOL shall specify the access restrictions placed by the source National
Central Bureau or international entity as designated under INTERPOL’s rules,
and use conditions placed by the source National Central Bureau, national or
international entity as designated under INTERPOL’s rules.
(b) In addition to the access restrictions and use conditions placed by the source
country or international organization, Europol, Eurojust, the EPPO and the
EBCGA may specify additional access restrictions and use conditions. This
Agreement creates no additional basis to impose further access restrictions and
use conditions beyond those required by applicable EU law.
Part One, Section 2: Protection of information
Article 6
Appropriate safeguards for information processed under this Agreement
(1) The processing of information received under this Agreement shall be carried out in
accordance with the terms of this Agreement.
(2) This Agreement sets out safeguards that shall provide an appropriate level of
protection for information accessed or exchanged under this Agreement.
(3) Nothing in this Agreement shall prevent the recipient of information under this
Agreement from applying stronger safeguards when processing such information.
(4) Transfer of personal data may be suspended, through the access restriction
mechanism, when the provider of personal data has evidence of systematic or
material breach of the terms of this Agreement, or that material breach is imminent,
EN 8 EN
by the recipient of the personal data. This shall not negate any applicable
requirement to notify or verify the accuracy and relevance of data as to information
that has been checked.
Article 7
Purposes of processing
(1) Processing of information received under this Agreement shall only be for purposes
of:
(a) law enforcement and judicial cooperation in criminal matters, in order to
prevent, detect, investigate and prosecute criminal offenses and execute
criminal penalties including cooperation on asset recovery within the
framework of proceedings in criminal matters; and
(b) border security, meaning, for the purpose of this Agreement, identification of
security risks, prevention and detection of cross-border crime, as part of border
management and border control activities.
(2) In particular, processing shall be for the purpose(s) specified, as applicable:
(a) for direct or indirect access to or exchange of information, or for the
spontaneous transmission of information, in accordance with Article
26(1)(a)(i);
(b) in accordance with the procedures set out in Article 34.
Article 8
General processing principles
(1) The European Union and INTERPOL shall provide, in their respective legal
frameworks, that the information shall be:
(a) processed in a lawful and transparent manner;
(b) relevant and not excessive in relation to the purposes of such processing;
(c) accurate and, where necessary, up-to-date;
(d) kept for no longer than as provided in Article 15; and
(e) processed in a manner that ensures appropriate security of the information as
provided in Article 17.
EN 9 EN
(2) Safeguards pursuant to this Section shall apply irrespective of the nationality of the
person whose information is concerned.
Article 9
Special categories
(1) The processing of personal data revealing racial or ethnic origin, political opinions,
religious or philosophical beliefs, or trade union membership, biometric data and
data concerning health or sexuality, shall be permitted only where particularly
important and relevant to achieve the purpose(s) for which it is processed, and under
additional safeguards in particular to guard against discrimination.
(2) With respect to information about victims, witnesses, minors and deceased persons,
the following shall apply:
(a) their status as victim, witness, minor or deceased person shall be specified;
(b) regarding information concerning victims or witnesses, the information may be
processed only in the context of the events or acts in which they are victims or
witnesses, and no restrictive measures are to be taken against them;
(c) regarding information concerning minors, any particular conditions applicable
under national law shall be specified;
(d) regarding information concerning deceased persons, the information shall be
processed for identification or crime analysis purposes, or in the context of a
criminal case.
Article 10
Decisions based on automated processing
Decisions that produce a significant adverse effect on an individual shall not be based solely
on the automated processing of the personal data received under this Agreement, unless
authorised under law and subject to the availability of appropriate safeguards, including
human intervention.
Article 11
Availability and processing of information
(1) Information received pursuant to Part Two shall be available for processing by the
authorised staff of the INTERPOL General Secretariat and of Europol, Eurojust, the
EPPO or the EBCGA, as applicable;
EN 10 EN
(2) In the case of indirect access and exchange of information, subject to the provider of
the information having given prior explicit authorisation through the access
restrictions mechanism specifying the recipient country(ies) and/or international
entity(ies) as designated under INTERPOL’s rules, with which the information can
be shared, the information received shall be available for processing by the
INTERPOL National Central Bureaus, national and international entities as
designated under INTERPOL rules, within the INTERPOL Information System, and
by the competent authorities of the Member States of the European Union, which
shall comply with the following conditions:
(a) the information is processed for the same purpose(s) indicated in initially
providing it; and
(b) the information is subject to the safeguards and conditions applying to the
initial transfer, in particular those stemming from Section 2 of Part One and
Articles 3, 4, 5 and 26 of this Agreement, including any use conditions
specified under Article 5.
(3) By way of derogation from the conditions set out in paragraph (2), in the case of
direct access to the INTERPOL databases listed in Article 25 of this Agreement:
(a) information recorded by Europol, Eurojust, the EPPO and the EBCGA, as
applicable, shall be available to the INTERPOL National Central Bureaus and
national entities – including those of Member States of the European Union –,
as well as international entities – including European Union bodies and
agencies –, which have access rights to the specific database, in compliance
with the INTERPOL rules applicable to information recorded in INTERPOL
databases.
(b) information limited to what is necessary to comply with the INTERPOL rules
applicable to verifying the accuracy, relevance and use of data, and notification
of positive query results, shall be available to the INTERPOL National Central
Bureaus and national entities – including those of Member States of the
European Union –, as well as to Europol, Eurojust, the EPPO and the EBCGA,
as applicable, and to other international entities, which have recorded such data
in the specific database;
The purpose(s) for which the information may be used shall be limited to those
authorized under the rules applicable to the database concerned.
(4) Any further sharing of information transferred under this Agreement shall be
permitted only with the prior explicit authorisation of the provider of the information,
which may only be granted in accordance with the rules on the transfer of
information applicable to the provider of the information under its legal framework.
The provider of the information shall record in the INTERPOL Information System
the requirement for such prior explicit authorization when initially providing the
EN 11 EN
information. The provider of the information may at any moment modify its decision
or introduce specific conditions.
(5) Without prejudice to the processing of non-personal data:
(a) personal data received pursuant to Part Two shall be available for processing,
only for the performance of their oversight tasks, to the members of the
Commission for the Control of INTERPOL’s Files and to the European Data
Protection Supervisor,
(b) personal data received pursuant to Part Two shall be available for processing,
only for the purpose of exercising their functions of supervising data
processing within the INTERPOL Information System in specific cases and
provided that such data is exclusively disclosed to the extent necessary, to
INTERPOL Executive Committee members.
(6) Information received pursuant to Part Three shall, in addition to the processing
expressly provided for therein, be available for processing:
(a) by the authorized staff of the INTERPOL General Secretariat, only for the
purpose of ensuring proper implementation of Part Three;
(b) for the performance of their oversight tasks, by the members of the
Commission for the Control of INTERPOL’s Files and by the European Data
Protection Supervisor; and
(c) by INTERPOL Executive Committee members, only for the purpose of
exercising their functions of supervising data processing within the
INTERPOL Information System in specific cases, and provided that such data
is exclusively disclosed to the extent necessary.
Article 12
Right to access to information
(1) Any natural person whose information has been received under this Agreement shall
be entitled to seek and obtain from the recipient, in accordance with processes
established in the respective legal frameworks of the European Union and
INTERPOL, and without undue delay, the information sought concerning that
natural person and the legal basis for and purpose(s) of use of such information.
(2) Such access to information in response to any request may only be delayed or
restricted if the provider of the information, in accordance with its legal framework,
including applicable necessity and proportionality standards, and paragraph 3,
requests that information be kept confidential to:
(a) protect public or national security;
EN 12 EN
(b) prevent crime;
(c) protect the confidentiality of an investigation or prosecution;
(d) protect the rights and freedoms of the natural person or others;
(e) avoid obstructing official or legal inquiries, investigations, or procedures.
(3) The authority from which access is sought shall, in accordance with processes
established in the respective legal frameworks of the European Union and
INTERPOL, communicate with the provider of the information to ascertain the
applicability of grounds for restrictions or delay. The provider of the information
shall indicate whether and how to apply a restriction. The authority from which
access is sought shall make efforts to avoid compromising the confidentiality of a
case.
(4) Where access is delayed or restricted, the natural person concerned shall be provided,
in writing, with a response informing that natural person of the delay or restriction
and of the basis therefor, to the extent provided under the respective legal
frameworks of the European Union and INTERPOL.
Article 13
Right to rectification and deletion
(1) Any natural person whose information has been received under this Agreement shall
be entitled to seek and obtain from INTERPOL or the European Union body or
agency concerned, as applicable, in accordance with processes established under the
respective legal frameworks and without undue delay, the rectification or deletion
thereof, as appropriate, where such information is inaccurate or has been processed
in violation of this Section. Information retained in violation of Article 15 shall be
deleted.
(2) Where rectification or deletion is delayed or denied, the natural person concerned
shall be provided, in writing, with a response informing that natural person of the
delay or denial and of the basis therefor. The information provided in the response
may be restricted on the same conditions as those provided for in Article 12(2).
Article 14
Information regarding access, rectification, deletion and redress
Information regarding available access, rectification, deletion and remedies shall be provided
either through the publication of a general notice(s) or through personal notice.
EN 13 EN
Article 15
Retention and maintaining the accuracy of information
(1) Information shall be retained only for as long as necessary to achieve the purpose(s)
for which the data has been provided. In order to meet this obligation:
(a) time limits shall be established for the storage of information; or
(b) periodic review of the need to retain the information shall take place.
(2) Where the provider of the information has reasons for considering that the
information is incorrect, it shall inform the recipient for purposes of promptly
examining and, if necessary, correcting or deleting the information.
(3) The European Union and INTERPOL shall each have in place effective measures
providing for inaccurate information to be erased or rectified.
Article 16
Maintaining records
(1) Logs shall be maintained, or the processing of information shall be documented or
there shall be other appropriate means to demonstrate how information has been
processed in a specific case.
(2) The records shall be available for purposes of compliance control under the
respective applicable legal frameworks and shall be stored in accordance with the
requirements of Article 17.
Article 17
Data security, integrity and confidentiality
(1) Technical and organizational measures shall be put in place for protecting the
security, integrity and confidentiality of information accessed or exchanged under
this Agreement, including for protecting against loss, unauthorised processing,
destruction and damage.
(2) The measures described in paragraph 1 shall include the appointment of one or more
staff members responsible for security.
(3) In the event of an intrusion or a serious attempted intrusion, or any other violation or
attempted violation of the integrity or confidentiality of information accessed or
exchanged under this Agreement, INTERPOL or the European Union body or
agency concerned that provided the information, as applicable, and their respective
oversight authority, shall be informed for the purpose of facilitating appropriate
measures. Such measures may include additional notification as provided for under
EN 14 EN
the respective legal frameworks, including, unless one or more limitations of Article
12(2) apply, notification to the natural person concerned.
Article 18
Data protection officers
Data protection officers shall be designated to monitor compliance of the processing of
information under this Agreement. The data protection officers shall, in particular, establish
and update compliance procedures, train staff, carry out compliance checks and review
security incidents. Where necessary, the data protection officers concerned shall cooperate
with each other.
Article 19
Oversight
(1) Compliance with the personal data protection safeguards set out in this Section shall
be overseen by an identified authority or authorities.
(2) The European Union and INTERPOL shall notify each other of the oversight
authority or authorities that carry out the functions described in this Article.
(3) The oversight authority or authorities shall:
(a) be independent in the performance of its functions;
(b) remain free from external influence;
(c) not solicit or accept instructions;
(d) be appointed for a specified term and benefit from safeguards against arbitrary
removal;
(e) have resources appropriate to the carrying out of its functions;
(f) have powers of investigation;
(g) have the power to act upon requests or complaints;
(h) have the power to impose appropriate corrective action.
(4) The competent oversight authorities of the European Union and of INTERPOL may
consult one another, as appropriate.
Article 20
Right to redress
EN 15 EN
The European Union and INTERPOL shall each have in place an independent, impartial and
effective redress mechanism(s) to provide natural persons with remedies for violations of this
Section.
Article 21
Access, rectification, deletion, and redress for entities
The European Union and INTERPOL may provide in their respective legal frameworks that
entities other than natural persons may request to obtain access, rectification, deletion, and
redress with respect to information received under this Agreement.
Article 22
Notification of implementation
The European Union and INTERPOL shall each make publicly available the provisions of its
legal framework implementing this Agreement with respect to the processing of personal data
obtained under this Agreement. This shall include a document or online resource explaining
the functioning of those provisions, including the means available for the exercise of the
rights of data subjects. The European Union and INTERPOL shall also notify each other
thereof.
PART TWO: COOPERATION BETWEEN INTERPOL AND EUROPOL,
EUROJUST, THE EPPO AND THE EBCGA
Part Two, Section 1: General provisions
Article 23
Object and scope of cooperation between INTERPOL and Europol, Eurojust, the EPPO and
the EBCGA
(1) INTERPOL, on the one hand, and Europol, Eurojust, the EPPO and the EBCGA, on
the other, shall cooperate, within the scope of their respective mandates, to assist law
enforcement and judicial authorities in accordance with the applicable provisions of
this Agreement.
(2) Cooperation shall include:
(a) access to and exchange of operational, analytical, strategic, and technical
information, including, inter alia, operational and analytical datasets to identify
information gaps and joint operational opportunities;
(b) coordination and consultation on strategic, operational, and technical matters,
including, inter alia, on:
EN 16 EN
(i) joint operational and strategic analysis;
(ii) the preparation of strategic analyses and threat assessments to assist in
laying down strategic and operational priorities for fighting crime, in
particular, in the context of the European Multidisciplinary Platform
Against Criminal Threats (EMPACT), and of countering terrorism;
(iii) the operational planning and implementation of the priorities described in
subparagraph ii;
(c) participation in and organization of operational and action task forces and joint
investigation teams, where authorized by participating countries;
(d) assistance in the identification of individuals and groups whose activities give
rise to a high risk of criminal offences being committed, such as high-risk
criminal networks and high value targets, and joint coordinated and prioritized
investigations regarding these individuals and groups;
(e) support for investigations of wanted individuals, including by seeking
assistance from the public;
(f) support for illicit assets tracing and recovery;
(g) sharing of expertise and specialized training opportunities;
(h) participation in and organization of bilateral meetings, conferences and public
awareness campaigns;
(i) cooperation and coordination in research and innovation activities;
(j) cooperation and coordination in the development and use of operational
products or technical solutions, including common guidelines and best
practices;
(k) exploration of synergies in cooperation with the private sector, civil society,
and individuals, including with respect to threat-related information;
(l) assignment of liaison staff and exchange of personnel;
(m) any other mutually authorized activity consistent with their respective legal
frameworks.
(3) For the purposes of processing information in the INTERPOL Information System
under this Agreement, INTERPOL shall apply to Europol, Eurojust, the EPPO and
the EBCGA, the rules and procedures applicable to international entities, provided
for under the INTERPOL Rules on the Processing of Data (INTERPOL RPD) and
under the Statute of the Commission for the Control of INTERPOL's Files, as in
force on the date of the signing of this Agreement. Europol, Eurojust, the EPPO and
the EBCGA shall comply with the rules and procedures applicable to international
entities, provided for under the INTERPOL RPD and under the Statute of the
Commission for the Control of INTERPOL's Files, as in force on the date of the
signing of this Agreement.
(4) INTERPOL, on the one hand, and Europol, Eurojust, the EPPO and the EBCGA, on
the other, shall arrange periodic meetings, and where appropriate, ad hoc meetings, at
the appropriate level, between representatives responsible for the areas of
cooperation set out in this Part, to assess the cooperation between them.
EN 17 EN
Article 24
Indirect access
(1) Indirect access shall be provided as follows:
(a) INTERPOL, Europol, Eurojust, the EPPO and the EBCGA shall each
designate and authorize:
(i) a limited number of their staff for whose tasks it is necessary to obtain
indirect access; and
(ii) the staff responsible for providing such access.
(b) INTERPOL, on the one hand, and Europol, Eurojust, the EPPO and the
EBCGA, on the other, shall notify each other of the list of authorized staff
described in paragraph (1)(a) and any change(s) thereto.
(c) A request shall be sent by the staff of the requestor, authorised pursuant to
paragraph (1)(a)(i) to the staff of the recipient of the request, authorised
pursuant to paragraph (1)(a)(ii).
(i) Indirect access to, or exchange of, information shall be sought by means
of a clear and reasoned request.
(ii) The request shall set out:
– background information regarding its purpose(s);
– where applicable, whether the requestor intends to record in its
databases any information provided in the response, to whom it
may disclose such information, and any other intended processing;
and
– any access restrictions or use conditions on the information.
(iii) Where the request is granted, the response shall set out whether the
information may be recorded in the requestor’s databases, and any other
access restrictions or use conditions on the information.
(d) In addition to other indirect access, access to analytical products shall be
provided under the following conditions:
EN 18 EN
(i) The INTERPOL General Secretariat shall make available to Europol,
Eurojust, the EPPO and the EBCGA the products of its Criminal
Analysis Files when they are participating in the project or involved in
the crime analysis;
(ii) Europol, Eurojust, the EPPO and the EBCGA shall make available
relevant information processed by them to the INTERPOL General
Secretariat for the purpose of operational analyses, when INTERPOL is
participating in the project or involved in the crime analysis.
(e) Where a request cannot be fulfilled or is refused, including as a result of access
restrictions, the recipient of the request shall notify the requestor.
(2) In principle, indirect access shall be available when information sought cannot be
obtained by means of direct access.
(3) Further modalities for indirect access may be specified in an arrangement(s).
Article 25
Direct Access
(1) Subject to Articles 37 and 44, direct access shall be provided by INTERPOL:
(a) to Europol –
(i) to the International Child Sexual Exploitation (ICSE) database in
accordance with the terms of the Bilateral Agreement for the
Interconnection of Computer Systems of 26 September 2014;
(ii) to the INTERPOL Illicit Arms Records and Tracing Management System
(iARMS) and the INTERPOL Firearms Reference Table (IFRT) in
accordance with the terms of the Bilateral Agreement between the
International Criminal Police Organization – INTERPOL and the
European Union Agency for Law Enforcement Cooperation (Europol) on
Granting Direct Access to INTERPOL’s Illicit Arms Records and
Tracing Management System (iARMS) of 12 April 2023;
(b) to the EBCGA – to the Frontex INTERPOL Electronic Library Document
System (FIELDS) in accordance with the terms of the Implementing
Arrangement on direct access and use of INTERPOL Information System
between the International Criminal Police Organisation (ICPO – INTERPOL)
and the European Border and Coast Guard Agency (Frontex) of 20 December
EN 19 EN
2016 and with the terms of the Frontex – INTERPOL Electronic Library
Document System (“FIELDS”) Technical Agreement of 18 November 2024;
until the relevant agreement or arrangement referred to in points (a) and (b) are
terminated or replaced.
(2) Direct access to INTERPOL’s:
(a) Electronic Documentation and Information System on Investigation Networks
with Information on Travel Documents (EDISON) shall be granted to Europol,
Eurojust, the EPPO and the EBCGA;
(b) Frontex INTERPOL Electronic Library Document System (FIELDS) shall be
granted to Europol, Eurojust and the EPPO;
(c) INTERPOL Illicit Arms Records and tracing Management System (iARMS)
shall be granted to Eurojust;
(d) INTERPOL Firearms Reference Table (IFRT) shall be granted to Eurojust, the
EPPO and the EBCGA;
(e) Stolen Vessels Database (SVD) shall be granted to the EPPO and the EBCGA;
in accordance with the modalities and conditions to be set out in arrangements to be
concluded between Europol, Eurojust, the EPPO, the EBCGA and INTERPOL, as
soon as possible after the entry into force of this Agreement.
(3) Where the characteristics of the database provide for the recording of data, Europol,
Eurojust, the EPPO and the EBCGA shall record pertinent data in the database
beyond data available from Member State(s) of the European Union.
(4) The European Union and INTERPOL shall meet annually in the context of the Joint
European Union – INTERPOL Committee established under Article 41 to examine
how indirect and direct access are functioning and how they can be further enhanced.
On the basis of such examination, they may decide to take measures to further
improve cooperation, in accordance with their respective legal frameworks.
Examination of direct access by the EPPO to the Stolen Motor Vehicles database
shall be prioritised.
Article 26
General principles governing access to and exchange of information
(1) For the purposes of this Part, except as otherwise provided pursuant to Article 25
(a) access to and exchange of information, shall be:
EN 20 EN
(i) used only for the purpose(s) specified in the relevant agreements and
arrangements on direct access referred to in Article 25, or, in the case of
indirect access to or exchange of information, or spontaneous
transmission of information, as specified at the time the information is
provided. Authorization shall be sought and obtained prior to use for any
additional purpose;
(ii) subject to any applicable access restrictions or use conditions.
(b) the information obtained shall be shared internally within INTERPOL,
Europol, Eurojust, the EPPO and the EBCGA, respectively, on a strictly need-
to-know basis.
(c) with respect to indirect access to and exchange of information, prior to that
information being provided, the provider of the information shall assess
whether providing such information is compliant with the terms of this
Agreement and, as applicable, with its legal framework.
(d) authorisation shall be sought and obtained from the provider of the information
in order to:
(i) insert information received via direct access into the recipient’s databases
in a manner permitting access by other than the recipient's authorized
staff specified in the relevant agreement or arrangement on direct access
described in Article 25;
(ii) insert information received via indirect access or information exchange
into the recipient's databases.
(e) in order to facilitate notification of, and follow up with, the source of the
information, and subject to subparagraph (f):
(i) when information from INTERPOL is checked against information held
by Europol, Eurojust, the EPPO, or the EBCGA, resulting in a positive
query result, Europol, Eurojust, the EPPO or the EBCGA, as applicable,
shall inform the INTERPOL General Secretariat thereof;
(ii) when information from Europol, Eurojust, the EPPO, or the EBCGA, is
checked against information held by INTERPOL, resulting in a positive
query result, the INTERPOL General Secretariat shall inform Europol,
Eurojust, the EPPO or the EBCGA, as applicable, thereof.
(f) prior to the making of a request or query, the applicable access restrictions
shall be indicated. Access restrictions may be changed at any time; such
change will be applied as of that moment.
EN 21 EN
(2) For the purposes of facilitating the exchange of information, INTERPOL may agree
with Europol, Eurojust, the EPPO and/or the EBCGA on modalities to enhance
access to, or exchange of, information, such as in relation to the potential
compatibility of, or conversion of information between, their respective data models
and information messaging systems.
(3) (a) With respect to access to, or receipt of information:
(i) by INTERPOL that is considered under European Union law to be
sensitive non-classified information; and
(ii) by Europol, Eurojust, the EPPO and the EBCGA that is considered under
INTERPOL’s legal framework to be INTERPOL For Official Use Only,
INTERPOL, Europol, Eurojust, the EPPO and the EBCGA shall each have in
place an organisational framework, policies and measures providing for:
– staff who access or receive information to comply with the
requirements of Article 24(1)(a) and paragraph 1(b) of this Article;
– information received under this Part to be protected until destroyed,
including protection of physical premises and information systems
in accordance with the requirements of Article 17;
– staff who access or receive information to be subject to security
screening in accordance with the respective legal frameworks and
to be made aware, including through training, of the applicable
requirements;
– information security risks to be assessed and managed on a regular
basis.
(b) In view of the measures referred to in subparagraph (a), INTERPOL, Europol,
Eurojust, the EPPO and the EBCGA shall be deemed to meet the respective
requirements for access to or receipt of such information, whether received via
a communications system, meeting or any other means, and no further security
clearance shall be required.
(c) Access to and exchange of European Union classified information or
INTERPOL information at a level higher than INTERPOL For Official Use
Only shall be conditional upon the conclusion of a Security of Information
Agreement (SIA) between the European Union and INTERPOL and shall be
carried out pursuant to its terms.
(d) Notwithstanding subparagraph (c), until the SIA enters into force, classified
information may be released in accordance with the respective legal
frameworks of the European Union and INTERPOL.
(4) For purposes of facilitating secure communication:
EN 22 EN
(a) channels of communications between Europol and INTERPOL pursuant to the
Memorandum of Understanding on the Establishment of a Secure
Communication Line between the European Police Office, and the
International Criminal Police Organisation – INTERPOL of 11 October 2011
and the Bilateral Agreement between Europol and INTERPOL for the
Interconnection of Computer Networks Bilateral Agreement between Europol
and INTERPOL for the Interconnection of Computer Networks of 26
September 2014, shall continue until terminated or replaced;
(b) Europol, Eurojust, the EPPO and the EBCGA may be granted access to
INTERPOL’s I 24/7 messaging system, via an arrangement(s) setting out the
terms and conditions of such access;
(c) Europol, Eurojust, the EPPO and the EBCGA, on the one hand, and
INTERPOL, on the other hand, may agree on additional measures to enhance
communication between them; and
(d) if the communication systems of Europol, Eurojust, the EPPO or the EBCGA
are to be used for operational communications between Member States of the
European Union and INTERPOL member countries that are not Member States
of the European Union, the European Union and INTERPOL shall consult with
a view to eliminating, to the greatest extent possible, fragmentation and
duplication of exchange of information.
(5) INTERPOL shall provide Europol, Eurojust, the EPPO and the EBCGA with access
to the parts of the INTERPOL Information System needed to apply the requirements
of this Agreement.
Article 27
Strategic, technical, and operational coordination and planning
(1) With respect to technical, operational and strategic coordination, INTERPOL, on the
one hand, and Europol, Eurojust, the EPPO and the EBCGA, on the other hand,
shall:
(a) regularly coordinate the planning and execution of operations to prevent,
detect, investigate or prosecute criminal offenses;
(b) when using information obtained from a provider under this Part, the recipient
shall consult with the provider, with a view to including the provider in the
planning and execution of their respective operations. The notification of
positive query results to the source(s) of the information shall not be sufficient
to comply with the consultation procedure set out in this paragraph;
(c) consult and coordinate on their activities that also fall within the other’s
mandate and mission, as part of their mutual cooperation and for the purpose of
enhancing existing systems and capabilities. This shall include:
EN 23 EN
(i) support for the development of strategies and operational action plans
involving Member States of the European Union in common threat areas
under their respective mandates;
(ii) operational activities and criminal analysis files by INTERPOL involving
Member States of the European Union;
(iii) operational activities, analysis projects and cooperation initiatives by
Europol, Eurojust, the EPPO and the EBCGA involving INTERPOL
member countries that are not Member States of the European Union
and/or international organizations;
(iv) field deployments in support of Member States of the European Union.
(2) For operations in which INTERPOL participates with Europol, Eurojust, the EPPO
and/or the EBCGA, such consultation and coordination shall include coordination
with respect to relevant activities, strategies, communications and final analytical
products circulated to INTERPOL member countries, Member States of the
European Union, and the public.
(3) INTERPOL National Central Bureaus, wherever possible, shall be involved for the
purposes of communication and coordination of activities between INTERPOL and
Europol, Eurojust, the EPPO and/or the EBCGA, as provided for in this Article.
(4) This Agreement shall be without prejudice to the ability of a representative of an
INTERPOL member country deployed as a liaison officer to Europol, Eurojust, the
EPPO and/or the EBCGA to directly communicate and exchange information with
INTERPOL to the extent authorized by the INTERPOL member country concerned.
(5) Prior to strategic, operational, technical or coordination meetings between
INTERPOL and Europol, Eurojust, the EPPO and/or the EBCGA, which may
include participation of other persons, authorities or entities, any security clearance
level required for the participants and for the reception of information at such
meetings shall, as appropriate, be agreed in advance.
Article 28
Liaison Personnel
(1) INTERPOL, on the one hand, and Europol, Eurojust, the EPPO and the EBCGA, on
the other, may agree to the assignment of liaison personnel.
(2) With respect to the assignment of liaison personnel between:
(a) INTERPOL, on the one hand, and Europol, Eurojust, the EPPO and/or the
EBCGA, on the other hand, the provisions governing tasks, rights, obligations,
privileges and immunities and terms of stationing of liaison personnel shall be
the subject of arrangements governing such liaison relationships.
(b) INTERPOL and Europol, the Memorandum of Understanding as Mentioned in
Article 4 of the Agreement between INTERPOL and Europol of 1 September
2008, and Article 4 of the Agreement between INTERPOL and Europol of 5
EN 24 EN
November 2001, shall apply until the Memorandum of Understanding is
terminated or replaced.
(3) The European Union and INTERPOL may establish a European Union-INTERPOL
liaison group in order to harmonise cooperation and establish synergies.
Article 29
Spontaneous information
INTERPOL, on the one hand, and Europol, Eurojust, the EPPO and/or the EBCGA, on the
other, may, with the authorisation of the source of the information, transmit information to
each other without prior request for the purposes of this Agreement, in accordance with
Section 2 of Part One and other relevant provisions of Part One, including Articles 3, 4 and 5,
as well as the relevant provisions of Section 1 of Part Two.
Part Two, Section 2: Specific provisions relating to Europol, Eurojust, the EPPO and
the EBCGA
Article 30
Additional provisions relating to INTERPOL – Europol Cooperation
(1) With respect to cooperation between INTERPOL and Europol, the cooperation
described in Article 23 shall include:
(a) coordination and consultation concerning victim identification task forces;
(b) coordination and the provision of advice and support, including through field
deployment, in response to terrorist attacks and other major crime incidents;
(c) coordination in support of major international events;
(d) coordination on their respective activities regarding the implementation of
targeted sanctions imposed by the United Nations Security Council;
(e) participation in ad hoc and permanent joint action task forces and liaison teams
to provide operational support and coordinate international investigations,
where authorized by participating countries, such as the Joint Cybercrime
Action Taskforce (J-CAT) and Counterterrorism Joint Liaison Team (CT JLT),
or their successors;
(f) involvement of INTERPOL in the operational and strategic tasks of Europol’s
centres of specialised expertise for combating crime:
(g) cooperation to prevent and counter child sexual exploitation and abuse,
including the facilitation of the expeditious direct recording by Europol, the
Member States of the European Union and INTERPOL member countries that
are not Member States of the European Union of child sexual exploitation and
abuse content in the ICSE database.
EN 25 EN
(2) Europol shall seek and obtain authorisation from INTERPOL to use information
obtained from INTERPOL in order to propose the possible entry, by a Member State
of the European Union, of information alerts in the Schengen Information System.
Article 31
Additional provisions relating to INTERPOL – Eurojust Cooperation
With respect to cooperation between INTERPOL and Eurojust, the cooperation described in
Article 23 shall include:
(a) availability of INTERPOL channels to facilitate judicial cooperation requests,
including requests for provisional arrest with a view to extradition;
(b) coordination and consultation concerning victim identification task forces;
(c) facilitation of the process by which INTERPOL obtains records information
from the European Criminal Records Information System – Third Country
Nationals (ECRIS-TCN);
(d) cooperation and coordination regarding action against wanted persons,
including with respect to INTERPOL notices and diffusions and European
Arrest Warrants;
(e) where authorized by participating countries, facilitation of cooperation
regarding joint investigation teams; particularly involving INTERPOL member
countries that are not Member States of the European Union;
(f) facilitating INTERPOL’s participation in actions of the Eurojust Coordination
Centre on operational joint action days, particularly when such actions involve
INTERPOL member countries that are not Member States of the European
Union.
Article 32
Additional provisions relating to INTERPOL – EPPO Cooperation
(1) With respect to cooperation between INTERPOL and the EPPO, the cooperation
described in Article 23 shall include:
(a) availability of INTERPOL channels to facilitate judicial cooperation and
exchange of information with the EPPO, including with European Delegated
Prosecutors;
(b) facilitation of cooperation, particularly between the EPPO and authorities of
INTERPOL member countries that are not Member States of the European
Union.
(2) A request seeking assistance in an EPPO case shall clearly state that it concerns an
EPPO case.
EN 26 EN
Article 33
Additional provisions relating to INTERPOL – EBCGA Cooperation
(1) With respect to cooperation between INTERPOL and the EBCGA, the cooperation
described in Article 23 shall include coordination and consultation in planning and
carrying out border management activities, including operational activities, where
appropriate, particularly in regions outside the European Union in which the EBCGA
is authorized to operate.
(2) The participation of the EBCGA in operations shall not preclude the exchange of
personal data between INTERPOL and Europol, Eurojust and the EPPO, in
compliance with the respective applicable legal frameworks.
PART THREE: COOPERATION WITH RESPECT TO THE EUROPEAN TRAVEL
INFORMATION AND AUTHORISATION SYSTEM (ETIAS)
Article 34
Direct access to and use of Stolen and Lost Travel Documents (SLTD) and Travel Documents
Associated with Notices (TDAWN) data for the purposes of ETIAS
(1) The European Union and INTERPOL shall cooperate with respect to ETIAS, for the
purpose of security checks, border management and border control activities, in
accordance with the provisions of this Article and other applicable provisions of this
Agreement. To that end:
(a) INTERPOL shall apply to the ETIAS Central Unit the rules and procedures
applicable to International Entities, provided for under the INTERPOL RPD
and under the Statute of the Commission for the Control of INTERPOL's Files,
as in force on the date of the signing of this Agreement. The ETIAS Central
Unit shall comply with the rules and procedures applicable to International
Entities, provided for under the INTERPOL RPD and under the Statute of the
Commission for the Control of INTERPOL's Files, as in force on the date of
the signing of this Agreement. This paragraph shall not be interpreted to
prejudice Article 34(2)(d). For the purposes of this Agreement, the ETIAS
Central Unit shall not be considered part of the EBCGA;
(b) the ETIAS Central Unit shall designate a team responsible for relations with
INTERPOL as the sole authority to access SLTD and TDAWN data;
(c) duly authorised staff within that team shall be provided access via the ETIAS
Information System to SLTD and TDAWN data, subject to the conditions set
forth in paragraphs 2 to 7.
EN 27 EN
(2) The European Union and INTERPOL shall take the necessary steps in order that
such access to SLTD and TDAWN complies with the following conditions:
(a) the ETIAS Central System shall be able to directly access SLTD and TDAWN,
or a subset thereof, via the European Search Portal, in order to make automated
queries using the following travel document elements inserted by the applicant
in the ETIAS application form: (i) the document identification number; (ii) the
country of issuance; and (iii) the type of travel document;
(b) the ETIAS Central Unit shall receive either an indication of a negative result or
the INTERPOL assigned SLTD and/or TDAWN notice reference number(s),
the travel document identification number and, where available, the country of
issuance and the type of travel document. The duly authorized staff of the
ETIAS Central Unit shall be able to access these data to verify whether they
correspond to the data in the application file of nationals of countries that are
not Member States of the European Union applying for an ETIAS travel
authorisation;
(c) the ETIAS Central Unit shall manually verify that the travel document data
obtained from the query corresponds to the travel document data in the
application form. Once it has been established that the data correspond, it shall
transmit the data described in subparagraph (b) to the ETIAS National Unit that
is to decide whether to grant or refuse issuance of the travel authorisation to the
applicant. That ETIAS National Unit shall use the data only for the purpose of
carrying out security risk assessments to decide whether to grant or refuse the
issuance of the travel authorisation;
(d) in view of the limited nature of the query, the response and the verification
process described in subparagraphs (a) to (c), and the characteristics of SLTD
and TDAWN, no automated notification to the source of the INTERPOL data
shall take place upon query by the ETIAS Central System and verification by
the ETIAS Central Unit;
(e) as part of its security assessment, the ETIAS National Unit shall directly
consult with, and transmit the INTERPOL reference number(s) to, the
INTERPOL National Central Bureau of its Member State or other country
concerned pursuant to Article 35, for the purpose of that National Central
Bureau conducting checks with the source of the data to determine that the data
obtained from INTERPOL are still accurate and relevant and, where
appropriate, take measures. In doing so, that National Central Bureau shall act
in accordance with the rights and obligations applicable under INTERPOL’s
rules when it uses data it has directly obtained from SLTD and/or TDAWN,
including notifying and following up with the National Central Bureau(s)
concerned or the INTERPOL General Secretariat;
(f) in addition to other limitations on the use of INTERPOL data set out in this
Article, officials who obtain such data shall not reveal them, directly or
indirectly, to the applicant or any other person, without the express
authorization of INTERPOL;
(g) the INTERPOL General Secretariat may adopt technical modalities to facilitate
respect for access restrictions imposed by the source of the data.
EN 28 EN
(3) Without prejudice to the access of a National Central Bureau pursuant to paragraph
2, the National Central Bureau of the Member State of the European Union or other
country concerned pursuant to Article 35, where designated by that Member State or
country as a law enforcement designated authority, may access, pursuant to
Regulation (EU) 2018/1240 (ETIAS Regulation) and for the purpose of the
prevention, detection, and investigation of terrorist offences or other serious criminal
offences, data recorded in the ETIAS Central System. When National Central
Bureaus receive data from the ETIAS Central System, upon their request as
designated authorities, they may transfer those data to countries that are not Member
States of the European Union in accordance with the applicable conditions set out in
the ETIAS Regulation.
(4) The data obtained from INTERPOL shall not be used to establish or implement the
ETIAS screening rules or the ETIAS watchlist or, except as specified in this Article,
be transmitted outside the ETIAS Central or National Units or inserted into the
ETIAS Information System by the ETIAS Central or National Units in a manner
permitting access by other bodies, agencies or authorities, without having sought and
obtained the authorisation of the INTERPOL General Secretariat.
(5) When monitoring and evaluating the implementation of ETIAS, the European Union
shall take the necessary steps for the European Commission to:
(a) provide INTERPOL, upon request, with available anonymised statistics on the
querying of SLTD and TDAWN for the purposes of ETIAS, including
available information on the number of positive results, the number of travel
authorisations refused following such positive results, as well as with
information on any problems encountered;
(b) consult with INTERPOL regarding SLTD and TDAWN queries through the
ETIAS Information System before making recommendations to the European
Parliament and the Council.
(6) The European Union shall, in consultation and coordination with the INTERPOL
General Secretariat, develop practical guidance for the implementation of this
Article.
(7) INTERPOL and eu-LISA shall put in place arrangement(s) and undertake activities
necessary for the technical implementation of this Article.
(8) The European Union and INTERPOL shall jointly review the implementation of this
Article one year after ETIAS access to SLTD and TDAWN commences, in particular
with regard to the timely and meaningful notification of, and follow up with, the
source of the data pursuant to paragraph 2(e). Subsequent reviews shall be conducted
no later than every two years. Reviews shall be carried out swiftly.
If, upon such review, the European Union or INTERPOL identifies recurrent or
significant non-compliance with the provisions of this Article, the European Union
and INTERPOL shall engage without delay in consultations to resolve the
problem(s) identified.
EN 29 EN
The period of this consultation and resolution shall not exceed four months. If no
resolution is reached within that period, either the European Union or INTERPOL
may suspend ETIAS access to SLTD and TDAWN by written notification until a
resolution is reached. The suspension shall take effect twenty days from the date of
receipt of such notification and shall be lifted upon transmission of a subsequent
written notification to that effect.
Notwithstanding the third subparagraph of this paragraph, in case of urgency, the
European Union or INTERPOL may provisionally suspend ETIAS access to SLTD
or TDAWN, in which case notification to the other and consultations shall
commence immediately thereafter.
Article 35
Member States of the European Union and other countries that apply Article 34
(1) The European Union shall notify INTERPOL in writing of the ETIAS National Units
and National Central Bureaus of the Member States of the European Union applying
the relevant provisions of Article 34.
(2) The ETIAS Central Unit shall not provide the data described in paragraph 2(b) of
Article 34:
(a) to the ETIAS National Units of the Member States of the European Union that
have not been the subject of a notification pursuant to paragraph 1 of this
Article; and
(b) until after the European Union has been notified of the completion by
INTERPOL of its process for determining whether technical modalities are
required to facilitate respect for access restrictions imposed by the source of the
data. INTERPOL shall make such notification as soon as possible. Such
notification shall be deemed to have been given, if no notification of
completion is received within six months of the notification pursuant to
paragraph 1 of this Article.
(3) The ETIAS Central Unit shall not provide the data described in paragraph 2(b) of
Article 34 for use by the ETIAS National Units of Iceland, the Kingdom of Norway,
the Swiss Confederation or the Principality of Liechtenstein until after:
(a) a bilateral agreement between the relevant country and INTERPOL, providing
for its national authorities to comply with the obligations of this Agreement
pertaining to ETIAS, has entered into force; and
(b) the European Union has been notified of the completion by INTERPOL of its
process for determining whether technical modalities are required to facilitate
respect for access restrictions imposed by the source of the data. INTERPOL
EN 30 EN
shall make such notification as soon as possible. Such notification shall be
deemed to have been given, if no notification of completion is received within
six months of the entry into force of the bilateral agreement concerned.
(4) In the event that there is a period of time between the date on which the ETIAS
Central Unit may provide data to the ETIAS National Units of the Member States of
the European Union in accordance with paragraph 2 and the date on which the
ETIAS Central Unit may provide such data to the ETIAS National Units of Iceland,
the Kingdom of Norway, the Swiss Confederation or the Principality of
Liechtenstein in accordance with paragraph 3, the ETIAS Central Unit shall, during
that period, designate a Member State of the European Union that has been notified
pursuant to paragraph 1, to process the data in place of a country to which the data
may not yet be provided pursuant to paragraph 3.
(5) The obligations of the European Union under Article 34 shall apply with respect to
all Member States of the European Union participating in ETIAS that have been
subject to a notification pursuant to paragraph 1 of this Article and with respect to all
other countries that have concluded agreements referred to in paragraph 3(a) of this
Article.
PART FOUR: FINANCIAL PROVISIONS
Article 36
European Union support to the implementation of this Agreement
The European Union, on its own initiative or at the request of INTERPOL, may facilitate the
secondment of experts to the INTERPOL General Secretariat. Secondments shall be
effectuated in accordance with the respective applicable rules of INTERPOL and the legal
framework applicable to the seconding authority, with the aim to support the cooperation
under this Agreement, including to support INTERPOL in promoting transparency,
accountability, and respect for human rights in the operation of its systems.
Article 37
Costs
(1) The European Union and INTERPOL shall each bear their own costs for the
implementation of this Agreement, except as otherwise provided in paragraphs 2, 3
and 4 of this Article.
(2) Europol shall pay the costs relating to ICSE, as provided for in the agreement
referred to in Article 44(2)(a)(iv), and to iARMS, as provided in the agreement
referred to in Article 44(2)(a)(ii). The EBCGA shall pay the costs relating to FIELDS
as provided for in the agreement referred to in Article 44(2)(a)(i).
EN 31 EN
Europol, Eurojust, the EPPO and the EBCGA shall pay the costs of establishing their
respective connections to INTERPOL databases for the purposes of Article 25(2) of
this Agreement, and other connections they may agree to establish to INTERPOL
Information System for the purposes of Article 26(4)(b) and (c) and Article 26(5),
provided however, that no connection fees to iARMS and FIELDS shall be paid by
the European Union bodies and agencies that are granted direct access to such
database pursuant to Article 25(2)(b) and (c).
The European Union shall pay the costs to establish connections to SLTD and
TDAWN for the purposes of Articles 34 and 35, and the costs to configure SLTD
and TDAWN for the purposes of the ETIAS Central System directly accessing
subsets of SLTD and TDAWN in accordance with Article 34(2)(a).
(3) (a) Costs relating to any successor arrangement to ICSE, iARMS and FIELDS
shall be allocated as provided under the terms of such successor arrangement.
(b) Costs relating to any future supplementary arrangement concluded pursuant to:
(i) Article 43(1)(c) and Article 43(2)(b);
(ii) Article 43(1)(a) and Article 43(1)(b)(ii), to the extent the arrangement
provides upgrades of the respective connections, or provides other
upgrades not in place at the time of signature of this Agreement that are
sought by Europol, Eurojust, the EPPO or the EBCGA, as applicable;
shall be allocated as provided under the terms of such future supplementary
arrangement.
(4) No later than one year after the entry into force of this Agreement, and every year
after that, the Joint European Union – INTERPOL Committee established under
Article 41 shall, on the basis of due justification and relevant documentation
submitted by INTERPOL, review the technical and operational costs incurred in that
year by INTERPOL that are directly attributable to direct access to its databases, and
indirect access and exchange of information under this Agreement. The Committee
shall then decide whether additional payments by Europol, Eurojust, the EPPO, the
EBCGA and the European Union, as applicable, may be warranted.
Any possible payment shall be subject to budget availability and shall require prior
budgetary commitment by the competent Union institution.
In case of disagreement concerning additional payments requested by INTERPOL
from the European Union, Article 46 of this Agreement shall apply. If no mutually
agreeable solution is found, INTERPOL may, by written notification, reduce or
EN 32 EN
suspend direct access to its databases, indirect access and exchange of information
under this Agreement until a solution is reached.
PART FIVE: FINAL PROVISIONS
Article 38
Use of Name and Distinctive Signs
Neither the European Union nor INTERPOL shall use the emblem, logo, distinctive signs or
any abbreviation of the name of the other, unless otherwise specifically agreed upon in
advance in writing by their respective authorized representatives.
Article 39
Privileges and Immunities
Nothing in or relating to this Agreement shall be deemed a waiver, express or implied, of any
privileges or immunities accorded to the European Union or INTERPOL by their respective
constituent documents, agreements that have been concluded, or under international law,
European Union law or national law, as applicable.
Article 40
Use of European Union Administered Infrastructure
Except as provided for in Part Three, querying of INTERPOL databases by a European Union
body or agency, a Member State of the European Union or another country, through a
European Union administered search tool or communications infrastructure, including the
European Search Portal, shall take place pursuant to further agreements concluded between
the European Union and INTERPOL.
Article 41
Joint European Union – INTERPOL Committee
(1) The European Union and INTERPOL shall establish a joint committee for the
purpose of:
(a) facilitating the effective use and implementation of this Agreement;
(b) consulting in relation to significant planned developments, including to their
respective legal frameworks, regarding the forms of cooperation provided for
EN 33 EN
in this Agreement that may affect cooperation between the European Union
and INTERPOL;
(c) considering ways to further enhance cooperation between the European Union
and INTERPOL, including carrying out the examination described in Article
25(4);
(d) considering possible amendments to this Agreement proposed by the European
Union or INTERPOL;
(e) carrying out the reviews provided for in Articles 34, 37 and 45;
(f) carrying out the consultations provided for in Articles 46, 48 and 49 of this
Agreement;
(g) adopting amendments modifying Article 25 following completion of the
respective applicable internal approval procedures of the European Union and
INTERPOL.
(2) The Joint European Union – INTERPOL Committee shall be comprised of
representatives of the European Union and INTERPOL and shall be led by a senior-
level representative of INTERPOL and a senior-level representative of the European
Union responsible for security.
(3) The Joint European Union – INTERPOL Committee shall meet no later than nine
months after the date of entry into force of this Agreement, and thereafter on an
annual basis, unless otherwise agreed. The Committee shall also meet upon the
request of either Party for the consultations provided for in Articles 46, 48 or 49.
(4) The Joint European Union – INTERPOL Committee shall adopt procedures and
modalities to enable it to effectively discharge its duties, including the procedure
governing the annual review of costs pursuant to Article 37(4).
Article 42
Amendment
(1) This Agreement may be amended in writing, at any time, by agreement between the
European Union and INTERPOL.
(2) Any amendment shall enter into force on the date of the receipt of the last written
notification by which the European Union and INTERPOL notify each other of the
completion of their respective internal legal procedures required for the entry into
force of such amendment.
(3) Notwithstanding paragraphs 1 and 2, amendments to this Agreement that have been
adopted by the Joint European Union – INTERPOL Committee pursuant to Article
41(1)(g), following the completion of the respective applicable internal approval
procedures of the European Union and INTERPOL, shall enter into force on the first
day of the month following the written notification by the European Union and
INTERPOL that they are ready to implement the amendment.
EN 34 EN
Article 43
Future Supplementary Arrangements
(1) INTERPOL, on the one hand, and Europol, Eurojust, the EPPO and the EBCGA, on
the other, shall conclude arrangement(s) to implement the provisions of this
Agreement. Such arrangement(s):
(a) shall address the matters referred to in Article 25(2);
(b) may address the matters described in:
(i) Article 24(3);
(ii) Article 26(4);
(iii) Article 28(2); and
(iv) Article 37(3);
(c) may address other matters to facilitate cooperation under this Agreement.
(2) INTERPOL and the European Union shall conclude arrangement(s) to implement the
provisions of this Agreement. Such arrangement(s):
(a) shall address the matters described in Articles 34(7);
(b) may address other matters to facilitate cooperation under this Agreement.
Article 44
Application of prior agreements, arrangements and memoranda of understanding
(1) Upon entry into force of this Agreement, the Agreement between INTERPOL and
Europol of 5 November 2001, the Working Arrangement between the International
Criminal Police Organisation – INTERPOL and the European Agency for the
Management of Operational Cooperation at the External Borders of the Member
States of the European Union – Frontex of 27 May 2009, and the Memorandum of
Understanding on Cooperation between EUROJUST and the International Criminal
Police Organisation (ICPO-INTERPOL) of 15 July 2013, are replaced by this
Agreement.
(2) Notwithstanding paragraph 1:
(a) the following agreements, arrangements and memoranda of understanding shall
remain in effect until terminated or replaced by arrangements referred to in
Article 43 of this Agreement:
EN 35 EN
(i) Frontex – INTERPOL Electronic Library Document System (FIELDS)
Technical Agreement of 18 November 2024;
(ii) Bilateral Agreement between the International Criminal Police
Organization – INTERPOL and the European Union Agency for Law
Enforcement Cooperation (Europol) on Granting Direct Access to
INTERPOL’s Illicit Arms Records and tracing Management System
(iARMS) of 12 April 2023;
(iii) Implementing Arrangement on direct access to and use of the
INTERPOL Information System between the International Criminal
Police Organisation (ICPO – INTERPOL) and the European Border and
Coast Guard Agency (Frontex) of 20 December 2016;
(iv) Bilateral Agreement between Europol and INTERPOL for the
Interconnection of Computer Networks of 26 September 2014;
(v) Memorandum of Understanding on the Establishment of a Secure
Communication Line between the European Police Office and the
International Criminal Police Organisation – INTERPOL of 11 October
2011;
(vi) Memorandum of Understanding as Mentioned in Article 4(1) of the
Agreement between INTERPOL and Europol of 1 September 2008;
(vii) Amendment to the Joint Initiative of the Secretary General of
INTERPOL and the Director of Europol on Combating the
Counterfeiting of Currency, in Particular the Euro dated 5th November
2001, of 27 August 2007;
(viii) Joint Initiative of the Secretary General of INTERPOL and the Executive
Director of Europol on Combating the Counterfeiting of Currency, in
Particular the Euro of 5 November 2001.
(b) Article 4 of the Agreement between INTERPOL and Europol of 5 November
2001 shall remain in effect in relation to the exchange of liaison officers until
the Memorandum of Understanding described in paragraph 2(a)(vi) is
terminated or replaced by an arrangement referred to in Article 43 of this
Agreement.
(3) For purposes of applying paragraph 2:
(a) references in the agreements, arrangements or memoranda of understanding
referred to therein to the Agreement between INTERPOL and Europol of 5
November 2001 and the Working Arrangement between the International
Criminal Police Organisation – INTERPOL and the European Agency for the
Management of Operational Cooperation at the External Borders of the
Member States of the European Union – Frontex of 27 May 2009 shall be
considered to refer to the present Agreement;
(b) the relevant terms of this Agreement shall apply to the agreements,
arrangements and memoranda of understanding and shall prevail over anything
to the contrary in them, except for their termination provisions.
EN 36 EN
Article 45
Joint review
(1) The European Union and INTERPOL shall conduct periodic joint reviews of the
implementation of this Agreement.
(2) The first review shall be conducted no later than three years from the date of entry
into force of this Agreement and subsequent reviews shall be conducted on a regular
basis thereafter.
(3) The review in this Article shall not cover the implementation of Article 34, in which
a specific review mechanism is provided.
Article 46
Settlement of disputes
All disputes concerning the interpretation, application or implementation of this Agreement
shall give rise to consultations and negotiations between representatives of the European
Union and INTERPOL in an effort to reach a mutually agreeable solution.
Article 47
Liability
(1) The European Union and INTERPOL shall defend claims brought against them that
arise from this Agreement, in accordance with the terms set out in their respective
legal frameworks. They shall notify one another and, upon request, consult with each
other regarding such claims.
(2) A person or entity may bring a claim arising from this Agreement, in the manner in
which the European Union and INTERPOL have implemented their obligations
under this Agreement in their respective legal frameworks.
(3) Where damages have been awarded to a third party, the European Union and
INTERPOL may seek indemnification from each other where the other has failed to
fulfill its obligations under this Agreement. In the event of a dispute regarding
indemnification, Article 46 of this Agreement shall apply.
Article 48
Suspension
EN 37 EN
(1) Subject to paragraph 2, in the event of a material breach of this Agreement, the
European Union or INTERPOL may suspend this Agreement, in whole or in part, by
written notification thereof to the other.
(2) Such written notification shall not be made until after the European Union and
INTERPOL have engaged in a reasonable period of consultations without reaching a
resolution. Suspension shall take effect twenty days from the date of receipt of such
notification. Such suspension may be lifted by the suspending Party upon written
notification to the other. The suspension shall be lifted upon receipt of such
notification.
(3) By way of derogation from paragraph 2, in case of urgency, the European Union or
INTERPOL may provisionally suspend this Agreement, in which case notification to
the other and consultations shall commence immediately thereafter.
(4) Notwithstanding any suspension of this Agreement, information obtained pursuant to
this Agreement prior to its suspension shall continue to be processed in accordance
with its terms.
(5) The suspension provided for in this Article shall not apply to Article 34, in which a
specific suspension mechanism is provided.
Article 49
Termination
(1) Either the European Union or INTERPOL may terminate this Agreement by giving
written notice to the other. The termination shall take effect three months after the
notice is delivered to the receiving Party.
(2) If notice of termination is given under this Article, the European Union and
INTERPOL shall consult with a view to deciding what measures shall be taken for
the purpose of terminating cooperation initiated under this Agreement in an
appropriate manner. In any event, information obtained pursuant to this Agreement
prior to its termination shall continue to be processed in accordance with its terms.
Article 50
Entry into force
This Agreement shall enter into force on the date of the receipt of the last written notification
by which the European Union and INTERPOL notify each other of the completion of their
respective internal legal procedures for the conclusion of this Agreement.
EN 38 EN
DONE at [Location], this [day] of [Month] [Year], in two originals, in the English language.
Pursuant to European Union law, this Agreement shall also be drawn up by the European
Union in the Bulgarian, Croatian, Czech, Danish, Dutch, Estonian, Finnish, French, German,
Greek, Hungarian, Irish, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian,
Slovak, Slovenian, Spanish, and Swedish languages. This Agreement shall also be drawn up
by INTERPOL in the Arabic language. These additional language versions may be
authenticated by an exchange of diplomatic notes between the European Union and
INTERPOL. In the case of divergence between authentic language versions, the English text
shall prevail.
IN WITNESS WHEREOF, the undersigned, being duly authorized thereto, have signed this
Agreement.
EN 39 EN
JOINT DECLARATION BETWEEN THE EUROPEAN UNION AND INTERPOL WITH
REGARD TO ARTICLE 26(3)(c) OF THE EU-INTERPOL COOPERATION
AGREEMENT
The European Union and INTERPOL agree to make their utmost efforts to launch and swiftly
progress negotiations for a Security of Information Agreement (SIA), concerning security
procedures for exchanging and protecting classified information.
JOINT DECLARATION WITH REGARD TO ICELAND, THE KINGDOM OF NORWAY,
THE SWISS CONFEDERATION AND THE PRINCIPALITY OF LIECHTENSTEIN
The European Union and INTERPOL take note of the close relationship between the
European Union and Iceland, the Kingdom of Norway, the Swiss Confederation and the
Principality of Liechtenstein, particularly by virtue of the Agreements of 18 May 1999 and 26
October 2004 concerning the association of those countries with the implementation,
application and development of the Schengen acquis.
In such circumstances it is desirable that the authorities of Iceland, the Kingdom of Norway,
the Swiss Confederation and the Principality of Liechtenstein, on the one hand, and
INTERPOL, on the other hand, conclude expeditiously and without delay the bilateral
agreements referred to in Article 35(3)(a) of the Cooperation Agreement between the
European Union and the International Criminal Organization ‒ INTERPOL providing, for the
national authorities of Iceland, the Kingdom of Norway, the Swiss Confederation and the
Principality of Liechtenstein respectively, to comply with the same obligations pertaining to
ETIAS as those of the national authorities of the EU Member States under the Cooperation
Agreement between the European Union and the International Criminal Police Organization -
INTERPOL.
EUROPEAN UNION DECLARATION WITH REGARD TO THE EU VISA
INFORMATION SYSTEM
Considering the operational needs of detecting whether applicants for a visa or residence
permit in a Schengen country use travel documents that have been reported as stolen, lost,
revoked, invalid or stolen blank or use travel documents associated with INTERPOL notices,
the European Union recalls the importance to continue exploring solutions for the EU Visa
Information System to query INTERPOL’s Stolen and Lost Travel Documents (SLTD) and
Travel Documents Associated with Notices (TDAWN) to reinforce the overall security of the
Schengen area.