29 Amendments of Kostas CHRYSOGONOS related to 2013/0256(COD)
Amendment 54 #
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) The evaluation of Council Decision 2002/187/JHA and the activities carried out by Eurojust (final report of 30 June 2015) should also be taken into account.
Amendment 55 #
Proposal for a regulation
Recital 8
Recital 8
(8) This Regulation fully respects the fundamental rights and observefreedoms and fully safeguards the principles recognised in particular by the Charter of Fundamental Rights of the European Union.
Amendment 56 #
Proposal for a regulation
Recital 9
Recital 9
(9) The forms of serious crime affecting two or more Member States for which Eurojust is competent should be clearly laid down. In addition, cases which do not involve two or more Member States, but which require a prosecution on common bases, should be defined. Such cases should include investigations and prosecutions affecting only one Member State and a third State, as well as cases affecting only one Member State and the Union.
Amendment 59 #
Proposal for a regulation
Recital 11
Recital 11
(11) To ensure Eurojust can appropriately support and coordinate cross- border investigations, it is necessary that all national members have the same operational powers in order to cooperate between themselves and with national authorities in a more coherent and effective way. National members should be granted those powers that allow Eurojust to appropriately achieve its mission. These powers should include accessing relevant information in national public registers, issuing and executing mutual assistance and recognition requests, directly contacting and exchanging information with competent authorities, participating in joint investigation teams and, in agreement with the competent national authority or in case of urgency, ordering investigative measures and controlled deliveries.
Amendment 60 #
Proposal for a regulation
Recital 12
Recital 12
(12) It is necessary to provide Eurojust with an administrative and management structure that allows it to perform its tasks more effectively and fully respects the principles applicable to Union agencies, as well as the fundamental rights and freedoms, whilst maintaining Eurojust's special characteristics and safeguarding its independence in the exercise of its operational functions. To this end, the functions of the national members, the College and the Administrative Director should be clarified and an Executive Board established.
Amendment 61 #
Proposal for a regulation
Recital 13
Recital 13
(13) The strategic clarity of Eurojust on policy and operational work should be reinforced by prioritizing a limited number of high added-value strategic priorities and mobilising Eurojust resources around those priorities. Provisions should be laid down to clearly distinguish between the operational and the management functions of the College, reducing the administrative burden on national members to the minimum so that the focus is put on Eurojust's operational work. The management tasks of the College should include in particular the adoption of Eurojust's work programmes, budget, annual activity report, appropriate financial rules, and working arrangements with partners. It should exercise the power of appointing authority towards staff of the agency including the Administrative Director.
Amendment 62 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) Eurojust should streamline the work of the College Teams / Task Forces and Working Groups, clarifying their mandate and objectives and ensuring that their work is focused on the priorities adopted by Eurojust.
Amendment 63 #
Proposal for a regulation
Recital 13 b (new)
Recital 13 b (new)
(13b) The adoption of streamlined operational procedures at National Desks should be promoted, in order to be able to provide a more homogenous support by the Administration. More efforts should be made to more clearly define needs related to operational and policy work.
Amendment 66 #
Proposal for a regulation
Recital 21
Recital 21
(21) When Eurojust transfers personal data to an authority of a third country or to an international organisation or Interpol by virtue of an international agreement concluded pursuant to Article 218 of the Treaty the adequate safeguards adduced with respect to the protection of privacy and fundamental rights and freedoms of individuals have to ensure that the data protection provisions of this Regulation are fully complied with.
Amendment 73 #
Proposal for a regulation
Recital 27
Recital 27
(27) Eurojust should be able to exchange personal data with other Union bodies to the extent necessary for the accomplishment of its tasks with full respect for the protection of privacy and fundamental rights and freedoms.
Amendment 80 #
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. Eurojust shall exercise its tasks at the request of the competent authorities of the Member States, of the European Prosecutor's Office, of OLAF or on its own initiative.
Amendment 86 #
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, iIts competence shall notalso include the crimes for which the European Public Prosecutor's Office is competent.
Amendment 98 #
Proposal for a regulation
Article 4 – paragraph 2 – introductory part
Article 4 – paragraph 2 – introductory part
2. In the exercise of its tasks, Eurojust may ask the competent authorities of the Member States concerned, giving in due time its reasons, to:
Amendment 100 #
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 within a short time a written opinion on the case. The opinion shall be promptly forwarded to the Member States concerned.
Amendment 103 #
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. On request of a competent authority Eurojust shall issue within a short time a written opinion 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 opinion shall be promptly forwarded to the Member States concerned.
Amendment 110 #
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
The national members shall have free and unhindered access to, or at least be able to obtain the information contained in, the following types of registers of their Member State, in accordance with national law:
Amendment 118 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The European Public Prosecutor shall receive the agendas of all College meetings and shall be entitled to participate in such meetings, without the right to vote, whenever issues are discussed which he or she considers to be of relevance for the functioning of the European Public Prosecutor's Office.
Amendment 121 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. By [30 November each year] the College shall adopt a programming document containing multi-annual and annual programming, based on a draft put forward by the Administrative Director, taking into account, where appropriate, the opinion of the Commission. It shall forward it to the European Parliament, the Council and the Commission. The programming document shall become definitive after final adoption of the general budget and if necessary shall be adjusted accordingly.
Amendment 122 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The annual work programme shall comprise detailed objectives and expected results including performance indicators. It shall also contain a clear description of the actions to be financed and an indication of the financial and human resources allocated to each action, in accordance with the principles of activity-based budgeting and management. The annual work programme shall be coherent with the multi-annual work programme referred to in paragraph 4. It shall clearly indicate which tasks have been added, changed or deleted in comparison with the previous financial year.
Amendment 124 #
Proposal for a regulation
Article 16 – paragraph 4
Article 16 – paragraph 4
4. The Executive Board shall be composed of the President and Vice- Presidents of the College, one representative of the Commission and one other member of the College. The President of the College shall be the Chairperson of the Executive Board. The Executive Board shall take its decisions by a majority of its members, each member having one vote. The Administrative Director shall take part in the meetings of the Executive Board, but shall not have the right to vote.
Amendment 128 #
Proposal for a regulation
Article 16 – paragraph 7
Article 16 – paragraph 7
7. The European Public Prosecutor shall receive the agendas of all Executive Board meetings and shall be free to participate in such meetings, without the right to vote, whenever issues are discussed which he or she considers to be of relevance for the functioning of the European Public Prosecutor's Office.
Amendment 132 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
Amendment 135 #
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. The College, acting on a proposal from the Commission which takes taking into account the assessment referred to in paragraph 3, may extend once the term of office of the Administrative Director for no more than five years.
Amendment 138 #
Proposal for a regulation
Article 17 – paragraph 7
Article 17 – paragraph 7
7. The Administrative Director may be removed from the office only upon a decision of the College acting on a proposal from the Commission.
Amendment 143 #
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. The On-Call Coordination representatives shall act efficiently, without delay, in relation to the execution of the request in their Member State.
Amendment 144 #
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. The competent authorities of the Member States shall properly exchange with Eurojust, without undue delay, any information necessary for the performance of its tasks in accordance with Articles 2 and 4 as well as with the rules on data protection set out in this Regulation. This shall at least include the information referred to in paragraphs 5, 6 and 7.
Amendment 146 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Eurojust shall provide without undue delay competent national authorities with information on the results of the processing of information, including the existence of links with cases already stored in the Case Management System. This information may include personal data.
Amendment 152 #
Proposal for a regulation
Article 24 – paragraph 8
Article 24 – paragraph 8
8. The provisions on access to the Case Management System and the temporary work files shall apply mutatis mutandis to the European Public Prosecutor's Office. However, the information entered into the Case Management System, temporary work files and the index by the European Public Prosecutor's Office shall not be available for access at the national level.
Amendment 153 #
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Eurojust may process only the personal data listed in point 2 of Annex 2, on persons who, under the national legislation of the Member States concerned, are regarded as witnesses or victims in a criminal investigation or prosecution regarding one or more of the types of crime and the offences referred to in Article 3, or persons under the age of 18. The processing of such personal data may only take place if it is strictly necessary for the achievement of the expressly stated task of Eurojust, within the framework of its competence and in order to carry out its operational functions. The protection of privacy, as well as the fundamental rights and freedoms shall be fully respected.