Activities of Assita KANKO related to 2021/0391(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council establishing a collaboration platform to support the functioning of Joint Investigation Teams and amending Regulation (EU) 2018/1726
Amendments (14)
Amendment 72 #
Proposal for a regulation
Recital 1
Recital 1
(1) The Union has set itself the objective of offering its citizens a common area of freedom, security and justice without internal frontiers, in which the free movement of persons is ensured. At the same time, the Union has to ensure that that common area remains a safe place. That objective can only be achieved by a more effective, coordinated cooperation of the international law enforcement authorities and by means of appropriate measures to prevent and combat crime, including organised crime and terrorism.
Amendment 75 #
Proposal for a regulation
Recital 4
Recital 4
(4) The existing legal frameworks at Union level do not set out how the entities participating in JITs exchange information and communicate. Those entities reach an agreement on such exchange and communication on the basis of the needs and available means. However, today there is ano system supporting the daily management of JITs and allowing for more efficient evidence searching, recording and secure the data exchanged between the participants. There is an evident lack of dedicated secure and effective channel to which all participants could have recourse and through which they could promptly exchange large volumes of information and evidence or allow for secure and effective communication. Furthermore, there is no system that would support daily management of JITs, including the traceability of evidence exchanged among the participants.
Amendment 80 #
(6) The JITs’ cooperation has to be step up and supported by modern IT tools. The speed and efficiency of the exchanges between the entities participating in JITs could be considerably enhanced by creating a dedicated IT platform to support their functioning. Therefore it is necessary to lay down rules establishing a centralised IT platform (‘JITs collaboration platform’) at Union level to help JITs collaborate, securely communicate and share information and evidence.
Amendment 81 #
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7 a) The new legal bases for the JITs collaboration platform should simplify procedures and decrease an administrative burden.
Amendment 82 #
Proposal for a regulation
Recital 8
Recital 8
(8) The use of the JITs collaboration platform should be on a voluntary basis. However, in view of its added value for cross-border investigations its use is strongly encouraged. The use or non-use of the JITs collaboration platform should not prejudice or affect the legality of other forms of communication or exchange of information and should not change the way the JITs are set up, organised or function. The establishment of the JITs collaboration platform should not impact the underlying legal bases for JITs nor the applicable national procedural legislation regarding the collection and use of the obtained evidence. The platform should only provide a secure IT tool to improve the cooperation, accelerate the flow of information between its users and increase the security of the data exchanged and the effectiveness of the JITs.
Amendment 83 #
Proposal for a regulation
Recital 11
Recital 11
(11) The JIT agreement , which may also include appendices, should be a prerequisite for the use of the JITs collaboration platform. The content of all future JIT agreements should be adapted to take into account the relevant provisions of this Regulation.
Amendment 89 #
Proposal for a regulation
Recital 18
Recital 18
(18) Given its experience with managing large-scale systems in the area of justice and home affairs, the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA) established by Regulation (EU) 2018/1726 of the European Parliament and of the Council23 should be entrusted with the task of designing, developing and operating the JITs collaboration platform making use of the existing functionalities of SIENA and other functionalities at Europol to ensure complementarity and if appropriate interoperability. Therefore, its mandate should be amended to reflect those new tasks and it should be provided with the appropriate funding and staffing to meet its responsibilities under this Regulation. In that regard, rules should be established on the responsibilities of eu- LISA, as the Agency entrusted with the development, technical operation and maintenance of the JITs collaboration platform. _________________ 23 Regulation (EU) 2018/1726 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA), and amending Regulation (EC) No 1987/2006 and Council Decision 2007/533/JHA and repealing Regulation (EU) No 1077/2011 (OJ L 295, 21.11.2018, p. 99).
Amendment 91 #
Proposal for a regulation
Recital 19
Recital 19
(19) When designing the JITs collaboration platform, eu-LISA should ensure technical interoperability with SIENAhat data held by law enforcement authorities could, if necessary, be transmitted from SIENA to the JITs collaboration platform through the secured channels and in compliance with the Union’s legal framework on the protection of personal data. .
Amendment 97 #
Proposal for a regulation
Recital 29
Recital 29
(29) Where appropriate,In accordance with the JIT agreement it should be possible for JIT space administrators to grant access to a JIT collaboration space to third countries which are parties to a JIT agreement. Any transfer of personal data to third countries or international organisations in the context of a JIT agreement is subject to compliance with the provisions set out in Chapter V of Directive (EU) 2016/680. Exchanges of operational data with third countries should be limited to those required to fulfil the purposes of the JIT agreement.
Amendment 113 #
Proposal for a regulation
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) ‘competent authorities’ means the authorities competent to set up a JIT as referred toof the Member States competent to be part of a JIT that was set up in accordance with in Article 1 of Framework Decision 2002/465/JHA and Article 13 of the Convention established by the Council in accordance with Article 34 of the Treaty on European Union on Mutual Assistance in Criminal Matters between the Member States of the European Union, the European Public Prosecutor’s Office when acting pursuant to its competences as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939, as well as the competent authorities of a third country where they are party of a JIT agreement on the basis of an additional legal basis;
Amendment 125 #
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) a communication software, which allows for localsecure storage of communication data;
Amendment 172 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. UAs soon as the process of downloading is completed by all users or, at the latest upon expiry of the retention period referred to in paragraph 1, the data record shall be automatically erased from the centralised system.
Amendment 195 #
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. In the event of substantial delays in the development process, eu-LISA shall inform the European Parliament and the Council as soon as possible of the reasons for the delays and of their impact in terms of timeframes and finances.
Amendment 196 #
Proposal for a regulation
Article 22 – paragraph 7
Article 22 – paragraph 7
7. FourThree years after the start of operations of the JITs collaboration platform and every fourthree years thereafter, the Commission shall conduct an overall evaluation of the JITs collaboration platform. The Commission shall transmit the overall evaluation report to the European Parliament and the Council.