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  • Draft rules of procedure of the Joint Supervisory Body of Europol

    REVISED DRAFT resuiting from discussion in the Europol Working Group and the EUDPC Working Party on Police

    A. Tasks and powers of the Joint Supervisory Bodv

    Articie 1 – Tasks

    (1) The Joint Supervisory Body shall have the task of reviewing, in accordance with the Convention, the activities of Europol in order to ensure that the rights of the individual are not violated by the storage, processing and utilization of the data held by Europol. In addition, it shall monitor the permissibility of the transmission of data originating from Europol (Art. 24 para. 1 sentences 1 and 2 of the Convention).

    (2) For this purpose, the plenary of the Joint Supervisory Body has the following tasks in

    particular:

    a) examination of orders opening a data file (Art. 1 2 para. 1 sentence 2 and para. 2 sentence 3 of the Convention);

    b) examination of provisions concerning the drawing up of reports on the retrieval of personal data (Art. 1 6 sentence 1 of the Convention);

    c) examination of general ruies for the communication of personal data by Europol to third States and third bödies

    (Art. 1 8 para. 2 sentence 2 of the Convention);

    d) examination of questions relating to:

    – the implementation and interpretation of the Convention in connection with Europol’s activities as regards the processing and utilization of personal data (Art. 24 para. 3, first alternative, of the Convention),

    – checks carried out independentiy by the national supervisory bodies of the Member States (Art. 24 para. 3, second alternative, of the Convention),

    the exercise of the right to information (Art. 24 para. 3, third alternative, of the

    Convention),

    the drawing up of harmonized proposals for common solutions to existing problems (Art. 24 para. 3, fourth alternative, of the Convention);

    e) examination of the lawfuiness and accuracy of a possibie collection, storage,

    processing and utilization of personal data by Europot at the request of an individual (Art. 24 para. 4 of the Convention);

    f) drawing up of activity reports at regular intervals (Art. 24 para. 6 of the Convention).

    Articie 2 – Powers

    (1) The Joint Supervisory Body, for the discharge of its tasks, shall have the powers

    provided for in the Convention.

    (2) In particular, the Joint Supervisory Body shall be authorized to obtain information from Europol, to be given access to al[ documents, paper files and any data stored by Europol, and to be granted free access to all Europol premises at any time (Art. 24 para. 2 of the Convention). This includes information on and access to hardware and software,

    whenever this is necessary for the performance of the tasks of the Joint Supervisory Body. Details may be stipulated in arrangements between the Joint Supervisory Body and the Management Board of Europol.

    Articie 3 – Committees

    (1) The Joint Supervisory Body shall set up the committee required by Articie 24 paragraph 7 of the Convention (hereinafter called the Appeals Committee”).

    (2) lt may set up one or more other internal committees and determine their composition and terms of reference (Art. 24 para. 8 of the Convention).

    B. Ruies of Procedure for the Joint Supervisory Body

    Articie 4 – Membership

    (1) The Joint Supervisory Body shall be composed of not more than two members or representatives of each of the national supervisory bodies. Each member may have an alternate. The members of the Joint Supervisory Body and their alternates shall be appointed for five years by each Member State (Art. 24 para. 1 sentence 3 of the Convention) which term shall be renewabie.

    (2) The members of the Joint Supervisory Body and their alternates shalf be independent, not bound by directions in the exercise of their duties and subject only to the law. In particular, they must not at the same time be members of another body set up under the Convention or staff members of Europol.

    Where a conflict of interest arises, the person concerned shall deciare that interest and

    .-withdraw from taking part in the discussion and the decision on the mat ter. He may, where necessary, be excluded by a majority of the votes cast in a secret ballot by the delegations attending the meeting. The person concerned shall be heard before such exclusion, but shall not take part in the decision.

    lf a person withdraws or is excluded, he may be replaced by his alternate.

    (3) Only persons having the necessary abilities may be appointed to serve as members of the Joint Supervisory Body or their alternates (Art. 24 para. 1 sentence 3 of the Convention). Particular regard shall be had to the requirements for the Appeals Committee.

    (4) A member of the Joint Supervisory Body who is unabie to attend a meeting may be represented by his alternate.

    (5) Membership of the Joint Supervisory Body shall cease when the person concerned resigns. lt shall also cease when that person ceases to serve as member or representative of the national supervisory body, uniess his term of office is reconfirmed by the Member State concerned. Appointment as a member shall not be revoked other than in accordance with national law. This shall apply likewise to the alternates.

    Articie 5 – Chair

    (1) The Joint Supervisory Body shall elect a chairman and a deputy-chairman from among its members by a majority of two thirds of the votes cast in a secret ballot by the delegations attending the meeting. The deputy-chairman shall not be a member of the chairman’s delegation. lf none of the candidates achieves the required majority in the first round of voting, a second round shalf take place between the two candidates having received the most votes. The chairman and his deputy shall be elected for a term of office of two years. Election for a second term of one year shall be possibie.

    (2) The chairman shall represent the Joint Supervisory Body. He shall monitor the smooth functioning of its work. He shall convene the meetings of the Joint Supervisory Body and determine the venue, date and time of such meetings. He shall open and close the meetings. He shall chair the meetings. He shall prepare the provisional agenda. He shall assure the execution of the decisions of the Joint Supervisory Body.

    (3) The deputy-chairman shall act for the chairman if he is unabie to attend. In the absence of the deputy-chairman the oldest member shall act as deputy-chairman. The first meeting of the Joint Supervisory Body shall be convened and chaired by the oldest member until the election of the chairman.

    (4) In order to prepare the work of the Joint Supervisory Body with regard to a particular issue, it may appoint from among its members, on the proposat of the chairman, one or several rapporteurs. lf the matter is urgent, such an appointment may be made by the chairman by virtue of his office. In this case he shall inform the members of the Joint Supervisory Body without delay.

    (5) The chairman or a majority of the delegations may request the attendance of the director and invite staff members of Europol, national experts, liaison officers and other persons to attend.

    Articie 6 – Working method

    (1) The Joint Supervisory Body shall meet at least four times a year. Furthermore, it shall meet at the initiative of the chairman and whenever a minimum of three delegations submit a written proposal stating reasons, or present an oral proposal in a meeting. The chairman of the Management Board and the director of Europol shall be entitied to propose subjects for inclusion on the agenda and to propose, that the Joint Supervisory Body be convened.

    (2) With the exception of cases which the chairman deems to be urgent, the letters of convocation shall be transmitted at least two weeks before the meeting. The letter of convocation shall include the provisional agenda and, uniess the nature of these documents does not allow this, the documents needed for the meeting. The final agenda shalt be adopted at the beginning of each meeting.

    (3) A meeting of the Joint Supervisory Body shall only be effective, if at least two thirds of the delegations attend. Decisions shall be taken by a simple majority of the delegations attending, uniess provided otherwise in these ruies. Each delegation shall be entitied to one vote. In case of a tied vote, the chairman shall have a casting vote.

    (4) The meetings of the Joint Supervisory Body shall be non-public. lts documents shall be confidential, uniess the joint supervisory body decides otherwise. However documents delivered by Europol shall be subject to the confidentiality ruies referred to in Articie 31 paragraph 1 of the Convention.

    (5) The Joint Supervisory Body shall meet on the basis of documents and draft papers submitted in all official languages of the European Union. Exceptions from this ruie shall be admissibie. Each delegation shall have the right to require a translation in its own language.

    (6) Decisions of the Joint Supervisory Body may be taken by written procedure in so far as all delegations have approved this procedure in a meeting. In urgent cases the chairman shall be entitied to initiate the written procedure. In both cases the chairman shall transmit a draft decision to the members of the Joint Supervisory Body. lf the delegations do not object to the draft decision, translated into the respective official languages, within a period specified by the chairman of at least 14 days after receipt, the proposal shall be deemed to be adopted. lf a delegation, within five working days after receipt of the draft decision, requests that it be orally discussed by the Joint Supervisory Body, the written procedure shall be discontinued.

    Articie 7 – Checks on location and experts

    (1) In the framework of its competences according to Articie 24 of the Convention, the Joint Supervisory Body may carry out data protection checks at Europol.

    (2) The Joint Supervisory Body may appoint one or more members for carrying out these checks. Such members may be assisted by outside experts as deemed appropriate by the Joint Supervisory Body, drawn from a list of experts from nationat supervisory bodies and government agencies established by it before and communicated to Europol. Outside experts have to meet the security requirements applying under their national law.

    (3) Where the chairman deems a case to be urgent, he may appoint such members and experts by virtue of his office. In this case he shall inform the members of the Joint Supervisory Body without delay.

    (4) The members of the Joint Supervisory Body entrusted with a check shall report to the Joint Supervisory Body on the resuits of their work.

    Articie 8 – Procedure in the event of violations

    lf the Joint Supervisory Body notes violations of the provisions of the Convention with regard to the storage, processing or utilization of personal data, it shall inform the director of Europot accordingly and shall request him in writing to reply within a given period. lf the Joint Supervisory Body considers the reply to be insufficient or not submitted in time, or if any other difficulty arises, the Joint Supervisory Body shall refer the matter in writing to the Management Board (Art. 24 para. 5 sentence 3 of the Convention). Failure to comply with a final decision of the Appeals Committee shall be regarded as a viotation of the Convention.

    Articie 9 – Minutes

    Minutes shall be taken at any meeting of the Joint Supervisory Body. The draft minutes shall be prepared by the Secretariat under the direction of the chairman and be submitted to the Joint Supervisory Body for adoption at the next meeting. Each member shall have the right to have the draft minutes amended to reflect comments made by that member at the meeting.

    Articie 1 0 – Activity report

    (1) The Joint Supervisory Body shall draw up an activity report at least once every two years. At least one month before the activity report is forwarded to the Council, the Management Board shall have the opportunity to state its position, which shall be attached to the report (Art. 24 para. 6 of the Convention).

    (2) The Joint Supervisory Body shall decide whether or not to publish its activity report, and, if it decides to do so, determine how it should be published.

    C. Rutes of Procedure of the Appeals Committee

    Articie 1 1 – Tasks of the Appeals Committee

    (1) The Committee shall examine the appeals provided for in Articie 19 paragraphs 6 to 8, Articie 20 paragraph 4 and Articie 22 paragraph 3 of the Convention.

    (2) The Committee shall take final decisions in respect of the matters referred to in paragraph 1 above.

    (3) In addition to the powers referred to in Articie 2, paragraph 2, the Committee shall have the powers provided for in this chapter.

    (4) The proceedings of the Committee shall be in public. The Committee may by virtue of its office or on application from one of the parties decide to exclude the public wholly or partiy where the interests of public security or the protection of the privacy of an individual so require, or to the extent strictiy necessary in the opinion of the Committee in special circumstances where publicity would prejudice the proper determination of the appeal.-

    Articie 1 2 – Membership

    (1) The Committee shall be composed of one member of each delegation in the Joint Supervisory Body. Each member may have an alternate. The members of the Committee and their alternates shall be appointed for five years by the Joint Supervisory Body, on the nomination of the delegation concerned, which term shall be renewabie.

    (2) The members of the Committee and their alternates shall have the necessary qualifications for examining and deciding the appeals referred to in Articie 1 1 paragraph 1, involving inter alia legal expertise, experience in conflict resolution and experience in data protection matters.

    Further formalisation (compieted legal training for 2/3 of members or chairman and deputy) has been discussed in the Working Party. The German deiegation once again stated that the legal qualification is of crucial importance.

    (3) A member of the Committee who is unabie to attend a meeting may be represented by his alternate.

    (4) Membership of the Committee shall cease when the person concerned resigns or ceases to be member of the Joint Supervisory Body. This shalt apply likewise to the alternates.

    (1) The members of the Committee shalt be independent and impartial, not bound by directions of the plenary or anyone eise in the exercise of their duties and subject only to the law. They may not engage in any activity during their term of office which is incompatible with their independence and impartiality as members of the Committee or with the required availability for service on the Committee. Activities which are being carried out or have been carried out on behalf of the national supervisory body shall not be regarded as incompatible with work on the Committee. The provisions of this paragraph shalt apply likewise to the alternates.

    (2) Where a member of the Committee or an alternate has been involved in the case in such a manner as to give rise to serious doubts as to his impartiality, or any other

    circumstance arises which might prejudice the proper determination of an appeal, he shall deciare this and withdraw from the case.

    (3) lf a member or alternate is challenged by a party on grounds relating to paragraphs 1 and 2, the Comtnittee shalt hear the person concerned and the other parties and

    subsequentty decide on the challenge in the absence of the person concerned by means

    of a secret ballot.

    (4) tf a person withdraws or is excluded from the case pursuant to paragraph 3, he shall be replaced by his alternate.

    Articie 14 – Chair

    (1) The Committee shall eiect a chairman and a deputy-chairman from among its members by a majority of two thirds of the votes cast in a secret baliot by the members attending the meeting. lf none of the candidates achieves the required majority in the first round of voting, a second round shall take place between the two candidates having received the most votes. The chairman or deputy-chairman of the Joint Supervisory Body may not be elected chairman or deputy-chairman of the Committee nor be a member of the same delegation. The chairman and his deputy shall be elected for a term of two years. Election for a second term of one year shall be possibie.

    (2) The chairman shall preside over the meetings of the Committee. He shall monitor the smooth and proper functioning of its work. He shall convene the meetings of the Committee and determine the venue, date and time of such meetings. He shall prepare the provisional agenda.

    (3) The deputy-chairman shall act for the chairman if he is unabie to attend. ]n the absence -of the deputy-chairman the oldest member shall act as deputy-chairman. The first meeting of the Commitee shall be convened and chaired by the oldest member until the election of the chairman.

    (4) In order to prepare its deliberations, the Committee may appoint from among its members, on the proposal of the chairman, one or several rapporteurs. In such cases in principe, the member appointed as rapporteur shall be from the Member State from which the applicant comes or, if the applicant comes from a non Member State, from the Member State in which the case is centred. lf the matter is urgent, such an appointment may be made by the chairman by virtue of his office. In this case he shall inform the members of the Committee without delay. The rapporteur shall examine the appeal and present a report to the Committee on its admissibility and a proposal for further proceedings, in particular with regard to what preparatory measures are needed.Articie 1 5 – Representation

    The applicant may be assisted or represented by a lawyer or another adviser. An adviser may be excluded from the proceedings by the Committee in case of serious misconduct. lf an adviser is excluded, the chairman shall stipulate a deadline for the party concerned to enabie him to appoint another adviser; the proceedings shall be suspended until the expiration of this deadline. An adviser shall produce proper authorisation from the applicant, if so requested by the Committee.

    Articie 16 – Lanquages

    (1) The procedure shall be conducted in one of the official ianguages of the European Union. The applicant shall select the official language in which the procedure shall be

    conducted. The language of the procedure shall be used in the oral statements and in the written documentation of the parties and in the minutes and -decisions of the Committee.

    (2) Documents in a language other than the procedural language shall be accompanied by a translation into the procedural language. Where documents are lengthy, the translation submitted may be restricted to excerpts or summaries. The Committee may by virtue of its office or upon application from a party require a fuil translation at any time.

    (3) Where necessary, interpretation services and translations shall be provided for each member of the Committee and for the parties free of charge. For this, recourse shall be had to the translation centre for bodies of the European Union. The decisions of the Committee shall be translated into all official languages of the European Union.

    (4) In cases where none of the official languages of the European Union is accessibie to the applicant, the complaint may be lodged in another language. The applicant is obliged to submit a summary in one of the official languages of the.-European Union. The chairman or rapporteur shall have the complaint translated into the chosen language.

    Ew

    Articie 1 7 – lnstitution of the procedure

    (1) The appeal shall be lodged by submission of a written complaint at the Secretariat of the Joint Supervisory Body within three months after the decision of Europol has been received by the applicant. When there is no decision, the appeal shall be todged within three months after the expiration of the relevant time limit. Any doubt about compliance with time limits shall be determined in favour of the applicant.

    (2) The applicant shall outline the basis of the complaint. lt must be clear who is

    complaining, what he is complaining about and on what grounds. The complaint shall be accompanied by any supporting documentation availabie. The applicant may withdraw his appeal at any time.

    (3) The Secretariat shall acknowledge the receipt of the complaint within four weeks and give general information on the course of the procedure.

    (4) lf the complaint does not meet the requirements mentioned in paragraph 2, sentences 1 and 2, and in Articie 1 6 paragraph 4, sentence 2, the Secretariat shall invite the applicant to rectify any omissions within four weeks.

    (5) Appeals which do not meet the requirements, shall be refused by the Committee on the proposal of the chairman or of the rapporteur. An appeal which is outside the time limit mentioned in paragraph 1 may be accepted, if special circumstances can justify the delay.

    Articie 1 8 – Preliminary consideration

    (1) lf the complaint meets the requirements, it shall be considered by the Committee on the basis of the following provisions taking into account the Convention. especially Articies 19, 20 and 22.

    (2) A copy of the complaint shall be forwarded to Europol for its observations, which shall be submitted within four weeks, extension for two further weeks being possibie.

    (3) The Committee may decide on a case-by-case basis additionally to involve in the appeals procedure one or more national units. The applicant and Europol shall be informed about this decision. The relevant national units shall be sent a copy of the observations from Europol and the applicant so that they can submit their own observations, which shall be submitted within four weeks, extension for two further weeks being possibie.

    (4) After the observations have been received or the deadlines have expired, the complaint shalt be dealt with by the Committee within the next three months.

    Articie 1 9 – Additional information

    (1) The Committee may ask the applicant, Europol, the national units, the national supervisory bodies or any other body to provide information, evidence or comments tothe Committee. The parties are entitied to make suggestions to the Committee regarding the hearing of evidence or to cail for the admission of evidence. The Committee shall follow up these suggestions and calis for admission to the extent necessary for the examination of the case.

    (2) The Committee may also decide to investigate on location at Europol. Articie 7 applies likewise. In such cases, the applicant and, where a lawyer or another adviser has been appointed, the latter shall have the right to attend. The Committee may exclude the applicant or his adviser from attending when compelling reasons necessitate this. In this case, the applicant or his adviser shall be informed about the resuit of the investigation.

    Articie 20 – Access to file of procedure

    (1) All parties shall, if they wish, have access to the file of the procedure, and have the Secretariat of the Joint Supervisory Body provide them with excerpts or photocopies at their own expense. Access can be denied, where this is required in order-to ensure the proper functioning of Europol, to safeguard the security of a Member State or to protect the interests of a third party.

    (2) Europol, national units and national supervisory bodies may indicate to what extent the information they provide, should not be made availabie to the applicant, stating the reasons for such a restriction. The Committee may ask for further reasons. To the extent the Committee finds such reasons acceptabie, the information concerned shall be withheid. The Committee may require a summary to be made avaifabie to the applicant or direct that certain information shall be provided to the applicant.

    Articie 21 – Oral hearing

    (1) The Committee may decide to hold an oral hearing. An oral hearing shall be held on application from a party to the extent necessary for the examination of the case. All parties shall be notified in due course of the hearing and have a right to be present.

    (2) The Committee may decide, at the request of a party or at its own initiative, to hear a party without other parties being present, where this is required in order to ensure the proper functioning of Europol, to safeguard the security of a Member State or to protect the interests of the applicant or a third party. The absent parties shall be informed of -proceedings taking place in their absence.

    Articie 22 – Hearing of witnesses and experts

    (1) The Committee may decide, at the request of a party or at its own initiative, to hear witnesses. Al] parties and the witnesses concerned shall be notified in due course of the hearing. Articie 21 paragraph 2 shall apply likewise.

    (2) Witnesses notified by the Committee shall be entitied to reimbursement of their travel and accommodation expenses and to compensation for loss of earnings. They may receive the necessary advance payments. All payments are made from the budget of the Joint Supervisory Body.

    (3) The witnesses shall be heard by the Committee. The members of the Committee may address questions to the witnesses. With the permission of the chairman, the parties may address questions to the witnesses. Before the commencement of the hearing, the chairman shall warn the witnesses that they must speak the truth and indicate the grounds entitting them to remain silent.

    (4) The Committee may appoint an expert and define his mandate. The expert is entitied to remuneration for his work. The Committee may decide to hear the expert. The ruies regarding the hearing of witnesses shall apply likewise.

    Articie 23 – Closing statements

    Before reaching a final decision, the Committee shall invite al] parties to submit final comments.

    Articie 24 – Minutes

    (1) The Committee shall keep minutes of its proceedings which shall reflect the course of each hearing and the statements made in it. The parties may request that certain documents or statements be included wholly or partiy in the minutes. The minutes shall be signed by the chairman, forwarded to the parties and added to the file of the case. In cases referred to in Articie 21 paragraph 2 or Articie 22 paragraph 1, the Committee shall impose restrictions.

    (2) Articie 9 shall apply likewise to all meetings of the Committee which are not attended by the Parties.

    Articie 25 – Decisions and confidentiality

    (1) Any meeting of the Committee shall only be effective if four fifths of the members or their alternates attend.

    (2) Decisions shall be taken by a simple majority of the members or alternates attending the meeting, uniess provided otherwise either in these ruies or in the Convention. In case of a tied vote, the chairman shall have a casting vote. All persons taking part in the final decision must have attended the oral hearing.

    (3) The deliberations of the Committee shall remain confidential.

    (4) The final decision of the Committee shall contain the names of the parties and their representatives, the names of the members of the Committee taking part in the decision, the date on which the decision is announced, the operative part of the decision, a brief presentation of the facts of the case and the reasons for the decision. lt shall be announced at a public meeting and conveyed to the parties. A copy of the decision shall be forwarded to the Joint Supervisory Body.

    Articie 26 – Notifications

    Notifications and other communications to parties, witnesses and experts shall be made by means that reasonably safeguard that they are duiy informed and that where necessary this can be verified.

    Articie 27 – Costs

    (1) The Committee shall decide on the costs of the procedure in its final decision. The procedure before the Committee shall be free of charge. lf the appeal is upheid, wholly or partially, the necessary costs incurred by the applicant for lodging and processing the complaint shall be borne by Europol to the extent that the Committee considers this equitabie.

    (2) tf an applicant is unabie to bear all or part of the costs of the procedure, he may on application be granted assistance towards the costs at any time. When he submits the application, he shall enclose documentation demonstrating that he is in need. The Committee may withdraw the assistance at any time if the preconditions under which it was granted change in the course of the proceedings. lf assistance is approved, the costs will be disbursed from the budget of the Joint Supervisory Body. Where this is fair, the final decision may require a party to reimburse to the budget of the Joint Supervisory Body the advance payments granted. In submitting his application, the applicant shall deciare his agreement to reimburse the costs if required by the final decision.

    Articie 28 – Abuse of process

    The Committee may regulate its proceedings in a way necessary to avond any abuse of process.

    Articie 29 – Due process

    In cases not provided for in these ruies, the Committee shall conduct its procedures in accordance with the general principes of Community law referred to in Articie F paragraph 2 of the Treaty establishing the European Union.

    Final provisions

    Articie 30 – Secretariat

    (1) The Joint Supervisory Body shall have a secretariat to assist it in the performance of its tasks. The secretariat shall be a permanent body recruited only on the basis of competence. The staff of the secretariat shall act soiely in the best interest of the Joint Supervisory Body, shall be fully independent from Europol and wijl not accept instructions from national authorities. Recruitment or secondment to the Secretariat shall take place on proposal of the Joint Supervisory Body. Staff members of the Secretariat shall not undertake other work without permission of the chairman of the Joint Supervisory Body.

    (2) The Secretariat shall operate under the direction of the chairman of the Joint Supervisory Body in accordance with the ruies established by the Joint Supervisory Body. The Secretariat shall also provide services to the Appeals Committee. In the performance of these functions it shall operate under the direction of the chairman of that Committee. The Secretariat shall keep a register of appeals and al] other documents.

    Articie 31 – Confidentigj@

    (1) Members of the Joint Supervisory Body, alternates, experts and staff of the Secretariat shall be obliged to treat confidentially the circumstances which come to their knowledge in the context of their activity, uniess the proper discharge of their task requires otherwise. This obligation shall continue to apply also when they cease to be active in that capacity.

    (2) Upon appointment, members of the Joint Supervisory Body, alternates, experts and staff of the Secretariat shall deciare their acceptance of these obligations.

    (3) In case of a breach of confidentiality, a member of the Joint Supervisory Body or his alternate may be suspended by a majority of two thirds of the votes cast in a secret ballot by the delegations attending a meeting of the Joint Supervisory Body. The person concerned shall be heard before, but shall not take part in the decision. This provision shall apply likewise to the Appeals Committee, where the breach of confidentiality relates to the work of that Committee. In the latter case, the Joint Supervisory Body shall be informed without delay.

    In case of a suspension, the place of the suspended member shall be taken by his alternate. A suspension shall be communicated to the national supervisory body responsibie for the appointment of the suspended member.

    Articie 32 – Headquarters

    Alternative 1:

    The Joint Supervisory Body shall decide on the location of its headquarters, not being in the same premises as Europol, by a majority of two thirds of the votes. The Joint Supervisory Body and the Appeals Committee may meet in other locations as appropriate. The Secretariat shall be based at the headquarters of the Joint Supervisory Body.

    Alternative 2:

    Deletion of Article 32.

    Articie 33 – B osts

    (1) The Secretariat shall prepare proposals for an annual budget for the Joint Supervisory Body, which on approval shall be forwarded to the Management Board in anticipation of the consuitation as required in Articie 24 paragraph 9 of the Convention.

    (2) The Joint Supervisory Body shall decide on the disbursement of the budget allocated to it which shall be administered by the Secretariat.

    (3) The costs of the Appeals Committee, including the expenses for the members of the Appeals Committee and their alternates, which are necessary for the proper exercise of their duties, shall be borne by the budget of the Joint Supervisory Body in accordance with ruies established by it.

    Articie 34 – Amendment of the ruies of procedure

    Amendments to these ruies of procedure shall be unanimously adopted by the joint supervisory body and shall be submitted to the Council for unanimous approval (Art. 24 para. 7 sentence 1 of the Convention).

    Articie 35 – Evaluation

    These ruies of procedure shall be evaluated by the Joint Supervisory Body between one and three years after their entry into force.