33 Amendments of Daniel BUDA related to 2013/0256(COD)
Amendment 50 #
Proposal for a regulation
Recital 4
Recital 4
(4) Since the European Public Prosecutor's Office should be established from Eurojust, this Regulation includes the provisions necessary to regulate the relations between Eurojust and the European Public Prosecutor's Office. However, as the European Public Prosecutor’s Office is being established through enhanced cooperation, the Regulation implementing enhanced cooperation on the establishment of the European Prosecutor’s Office is binding and directly applicable solely in respect of those Member States participating in that enhanced co-operation. For those Member States not participating in the European Public Prosecutor’s Office, Eurojust remains fully competent for the forms of serious crime listed in Annex I to this Regulation.
Amendment 57 #
Proposal for a regulation
Recital 10
Recital 10
(10) When exercising its operational functions in relation to concrete criminal cases, at the request of competent authorities of Member States or on its own initiative, Eurojust should act either through one or more of the national members or as a College. Likewise, at the request of a Member State’s competent authority or the Commission, Eurojust should be able to assist with investigations only involving one Member State but with consequences throughout the EU.
Amendment 65 #
Proposal for a regulation
Recital 17
Recital 17
(17) The setting up of an On-Call Coordination (OCC) within Eurojust is necessary to make Eurojust efficient and available around the clock and to enable it to intervene in urgent cases. It should be the responsibility of eEach Member State toshould ensure that their representatives in the OCC are able to act on a 24-hour/7-day basis.
Amendment 67 #
Proposal for a regulation
Recital 23
Recital 23
(23) Eurojust should be given the opportunity to extend the deadlines for storage of personal data, subject to observance of the purpose limitation principle applicable to processing of personal data in the context of all activities of Eurojust, in order to achieve its objectives. Such decisions should be taken following careful and objective consideration of all interests at stake, including thosethe cases concerned, of all interests at stake, and equally of the interests of the data subjects. Any extension of deadlines for processing personal data, where prosecution is statute barred in all Member States concerned, should be decided only where there is a specific need to provide assistance under this Regulation.
Amendment 75 #
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. In each of the Member States, Eurojust shall enjoy the most extensive legal capacitylegal personality, as accorded to legal persons under their laws. It may, in particular, acquire and dispose of movable and immovable property and be party to legal proceedings.
Amendment 77 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. Eurojust shall support and strengthen coordination and cooperation between national investigating and prosecuting authorities in relation to serious crime which Eurojust is competent to deal with in accordance with Article 3(1) and affecting two or more Member States, or requiring a prosecution on common bases, on the basis of operations conducted and information supplied by the Member States'’ authorities and by Europol.
Amendment 85 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Eurojust’s competence shall cover the forms of crime listed in Annex 1. However, its competence shall not include the crimes for which the European Public Prosecutor's Office is competent. Eurojust shall exercise its competences in cases involving Member States not participating in enhanced cooperation on the establishment of the European Public Prosecutor’s Office and at the request of the Member States concerned, or at the request of the European Public Prosecutor’s Office.
Amendment 91 #
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. At the request either of a Member State's competent authority or of the Commission, Eurojust may assist investigations and prosecutions affecting only that Member State andbut which have repercussions on the Union.
Amendment 96 #
Proposal for a regulation
Article 4 – paragraph 1 – point e a (new)
Article 4 – paragraph 1 – point e a (new)
(ea) cooperate and consult, when need be, with the Union agencies and bodies established in the area of Freedom, Security and Justice regulated under Title V of the TFEU;
Amendment 99 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Where two or more Member States cannot agree on which of them should undertake an investigation or prosecution following a request made under point (b) of paragraph 2, Eurojust shall issue a written opindecision on the case. The opindecision shall be promptly forwarded to the Member States concerned and shall be binding. The decision should be adopted by consensus of the national members concerned.
Amendment 101 #
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. On request of a competent authority Eurojust shall issue a written opindecision on recurrent refusals or difficulties concerning the execution of requests for, and decisions on, judicial cooperation, including those based on instruments giving effect to the principle of mutual recognition, provided it could not be resolved through mutual agreement between the competent national authorities or through the involvement of the national members concerned. The opindecision shall be promptly forwarded to the Member States concerned and shall be binding. The decision should be adopted by consensus of the national members concerned.
Amendment 106 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Each national member shall be assisted by one deputy and by an Assistant. The deputy and the Assistant shall have their regular place of work at Eurojust. MExceptionally, more deputies or Assistants may assist the national member and may, if necessary and with the agreement of the College, have their regular place of work at Eurojust.
Amendment 107 #
Proposal for a regulation
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) contact directly and exchange information with any national competent authority of the Member State or with any Union agency/competent body;
Amendment 108 #
Proposal for a regulation
Article 8 – paragraph 1 – point d a (new)
Article 8 – paragraph 1 – point d a (new)
(da) order investigative measures;
Amendment 109 #
Proposal for a regulation
Article 8 – paragraph 2 – point a
Article 8 – paragraph 2 – point a
(a) order investigative measures;or request and execute investigative measures, as provided for in Directive 2014/41/EU of the European Parliament and of the Council1a __________________ 1aDirective 2014/41/EU of the European Parliament and of the Council of 3 April 2014 regarding the European Investigation Order in criminal matters (OJ L 130, 1.5.2014, p. 1).
Amendment 111 #
Proposal for a regulation
Article 10 – paragraph 1 – introductory part
Article 10 – paragraph 1 – introductory part
1. The College shall be composed of: all the national members.
Amendment 114 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The term of office of the national members and their deputies shall be at least four years, renewable once. Upon expiry of their term of office or in the event of their resignation, members shall remain in office until their term is renewed or until they are replaced.
Amendment 115 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. The term of office of the President and the Vice-Presidents shall be four years. They may be re-elected once. When a national member is elected President or Vice-President of Eurojust, his or her term of office as national member shall be extended to ensure he or she can fulfil his or her function as President or Vice- President.
Amendment 125 #
Proposal for a regulation
Article 16 – paragraph 6
Article 16 – paragraph 6
6. The Executive Board shall hold at least one ordinary meeting every threeper months. In addition, it shall meet on the initiative of its Chairperson or whenever this is necessary or at the request of the Commission or of at least two of its other members.
Amendment 134 #
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. The term of office of the Administrative Director shall be fiveour years. By the end of this period, the Commission shall undertake an assessment which takes into account an evaluation of the performance of the Administrative Director.
Amendment 136 #
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. The College, acting on a proposal from the Commission which takes into account the assessment referred to in paragraph 3, may extend once the term of office of the Administrative Director for no more than fiveour years.
Amendment 149 #
Proposal for a regulation
Article 24 – paragraph 7
Article 24 – paragraph 7
Amendment 156 #
Proposal for a regulation
Article 28 – paragraph 1 – introductory part
Article 28 – paragraph 1 – introductory part
1. Personal data processed by Eurojust shall be stored by Eurojust only for as long as is necessary and in proportion to the purpose for which the data are being processed. Personal data processed by Eurojust may not be stored beyond the first applicable among the following dates:
Amendment 157 #
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
1. Any data subject shall have the right to lodge a complaint with the European Data Protection Supervisor if he/she considers that the processing by Eurojust of personal data relating to him/her does not comply with the provisions of this Regulation. Where a complaint introduced by a data subject pursuant to Article 32(2) of Regulation (EC) No 45/2001 relates to a decision as referred to in Article 32 or 33, the European Data Protection Supervisor shall consult the national supervisory bodies or the competent judicial body in the Member State which was the source of the data or the Member State directly concerned. The decision of the European Data Protection Supervisor, which may extend to a refusal to communicate any information, shall be taken in close cooperation with the national supervisory body or competent judicial body.
Amendment 159 #
Proposal for a regulation
Article 38 – paragraph 4 – introductory part
Article 38 – paragraph 4 – introductory part
4. Personal data shall only be transferred by Eurojust to Union bodies, third countries, international organisations, and Interpol if this is necessary for preventing and combating crime that falls under Eurojust's competence and in accordance with this Regulation. If the data to be transferred have been provided by a Member State, Eurojust shall seek that Member State’s consent, unless:
Amendment 160 #
Proposal for a regulation
Article 38 – paragraph 4 – point a
Article 38 – paragraph 4 – point a
Amendment 173 #
Proposal for a regulation
Article 49 – paragraph 6
Article 49 – paragraph 6
6. The budgetary authority shall authorise the appropriations for Eurojust'the European Union’s contribution to Eurojust.
Amendment 178 #
Proposal for a regulation
Article 55 – paragraph 1
Article 55 – paragraph 1
1. Eurojust shall transmit its Annual Report to the European Parliament and national parliaments, which may present observations and conclusions.
Amendment 180 #
Proposal for a regulation
Article 55 – paragraph 3 – introductory part
Article 55 – paragraph 3 – introductory part
3. In addition to the other obligations of information and consultation set out in this regulation, Eurojust shall transmit to the European Parliament and national parliaments for information:
Amendment 181 #
Proposal for a regulation
Article 55 – paragraph 4
Article 55 – paragraph 4
Amendment 183 #
Proposal for a regulation
Article 59 – paragraph 4
Article 59 – paragraph 4
4. The obligation of confidentiality shall apply to all information received or forwarded by Eurojust, unless that information has already been made public or is accessible to the public.
Amendment 185 #
Proposal for a regulation
Article 67 – title
Article 67 – title
Repeal and replacement
Amendment 186 #
Proposal for a regulation
Annex I – paragraph 1 – indent 11
Annex I – paragraph 1 – indent 11
– organised theft or robbery;