Activities of Ondřej KOVAŘÍK related to 2020/2048(INI)
Shadow reports (1)
REPORT on the European Parliament recommendation to the Council and the Commission concerning the conclusion of an agreement, under negotiation, between the European Union and New Zealand on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the New Zealand authorities competent for fighting serious crime and terrorism
Amendments (10)
Amendment 13 #
Motion for a resolution
Recital B
Recital B
B. whereas international agreements allowing Europol and third countries to cooperate and exchange personal data should respect Articles 2, 6, 7 and 8 of the Charter, and Article 16 TFEU, and be necessary for and proportionate to the fulfilment of Europol’s tasks; respecting the principle of purpose limitation, the right of access, the right to rectification and the control by an independent authority specifically stipulated by the Charter;
Amendment 19 #
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas on 13th May 2020 the Council adopted the Council decision authorising the opening of negotiations with New Zealand for an agreement between the European Union and New Zealand on the exchange of personal data between the Europol and the New Zealand authorities competent for fighting serious crime and terrorism through a written procedure with all delegations voting in favour;
Amendment 53 #
Motion for a resolution
Paragraph 3
Paragraph 3
3. Believes that, since Europol recogniszes that thee overall terrorist threat level from returning foreign freedom fighters, radicalised European Muslims and their families ito the security of the EU as high, it is essential for information exchange by all relevant law enforcement agencies, within the EU and globally, to be prioritised in order to fight serious crime and terrorism; therefore urgesrecalls that the Member States to work faster to secure their bordershave a key role to play in securing external borders of the EU in full compliance with Schengen code;
Amendment 56 #
Motion for a resolution
Paragraph 4
Paragraph 4
4. Requests that the agreement contain the necessary safeguards and controls with respect to the protection of personal data as enshrined in the Article 16 TFEU;
Amendment 59 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Is of the opinion that, in line with the principle of purpose limitation, the future agreement should explicitly lay down a list of criminal offences in relation to which personal data can be exchanged; considers that this list should include the activities covered by such crimes, and the persons, groups and organisations likely to be affected by such transfers; considers that transferred personal data should be related to individual cases;
Amendment 71 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Considers that the independent supervisory body should also have the power to decide to suspend or terminate the agreement in the event of a breach; considers that under the agreement, authorities should be allowed to continue to process any personal data falling within the scope of the agreement transferred prior to its suspension or termination; considerbelieves that a procedure for monitoring and periodically evaluating the agreement should be established in order to evaluate the partners’ compliance with the agreementmonitoring mechanism should be included in the agreement and that the agreement should be subject to periodic assessments to evaluate its functioning in relation to the operational needs of Europol as well as its compliance with European data protection rights and principles;
Amendment 74 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Considers that the international agreement should include a provision allowing the EU to suspend or revoke the agreement should there be a breach of personal data by a law enforcement authority; considers that the independent supervisory body should also have the power to decide to suspend or terminate the agreement in the event of a breach; considers that under the agreement, authorities should be allowed to continue to process any personal data falling within the scope of the agreement transferred prior to its suspension or termination; considers that a procedure for monitoring and periodically evaluating the agreement should be established in order to evaluate the partners’ compliance with the agreement;
Amendment 79 #
9. Considers that onward transfers of Europol information from competent New Zealand authorities to other authorities in New Zealand, including for use in judicial proceedings, should only be allowed for the original purposes of the transfer by Europol and should be made subject to appropriate conditions and safeguards, including prior authorisation by Europol; points out that the same conditions should apply to onward transfers of Europol information from competent New Zealand authorities to third country authorities, with the additional requirement that data only be transferred to third countries to which Europol is entitled to transfer personal data on the basis of Article 25 (1) of Regulation (EU) 2016/794 should not be allowed;
Amendment 89 #
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Stresses that the consent of the European Parliament to the conclusion of the agreement will be conditional upon satisfactory involvement of the European Parliament at all stages of the procedure in accordance with Article 218 TFEU;
Amendment 90 #
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls on the Commission to suspend or terminate the agreement at the request of a majority of the European Parliament;