Activities of Marina KALJURAND related to 2023/0143(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Council Decision 2009/917/JHA, as regards its alignment with Union rules on the protection of personal data
Amendments (12)
Amendment 14 #
Proposal for a regulation
Recital 2
Recital 2
(2) Council Decision 2009/917/JHA10 on the use of information technology for customs purposes establishes the Customs Information System (CIS) to assist in preventing, investigating and prosecuting serious contraventions of national laws by making information available more rapidly and increase the effectiveness of the customs administrations. In order to ensure a consistent approach to the protection of personal data in the Union, that Decision should be amended to align it with Directive (EU) 2016/680. In particular, the personal data protection rules should respect the principle of purpose specificlimitation, be limited to specified categories of data subjects and categories of personal data, respect data security requirements, include additional protection for special categories of personal data and respect the conditions for subsequent processing. Moreover, provision should be made for the coordinated supervision model as introduced by Article 62 of Regulation (EU) 2018/172511 . _________________ 10 Council Decision 2009/917/JHA on the use of information technology for customs purposes (OJ L 323, 10.12.2009, p. 20). 11 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).
Amendment 16 #
Proposal for a regulation
Recital 5
Recital 5
(5) To ensure the optimal preservation of the data while reducing the administrative burden for the competent authorities, the procedure governing the retention of personal data in the CIS should be simplified by removing the obligation to review data annually and by setting a maximum retention period of fivthree years which can be increased, subject to justification, by an additional period of two years. That retention period is necessary and proportionate in view of the typical length of criminal proceedings and the need for the data for the conduct of joint customs operations and of investigations.
Amendment 18 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Council Decision 2009/917/JHA
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) Point 2 of Article 2 is hereby deletedreplaced by the following: 2. “personal data” means personal data as defined in Article 3, point (1), of Directive (EU) 2016/680.
Amendment 19 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Council Decision 2009/917/JHA
Article 3 – paragraph 2
Article 3 – paragraph 2
In relation to the processing of personal data in the Customs Information System, the Commission shall be considered the processor, within the meaning of point (12) of Article 3 of Regulation (EU) 2018/1725, acting, in accordance with Article 29 of that Regulation, on behalf of the national authorities designated by each Member State, which shall be considered the controllers of the personal data.
Amendment 20 #
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Council Decision 2009/917/JHA
Article 5 – paragraph 2
Article 5 – paragraph 2
2. For the purpose of the actions referred to in paragraph 1, personal data in any of the categories referred to in Article 3(1) may be entered into the Customs Information System only if there are reasonable and objective grounds, in particular on the basis of prior illegal activities, to suggest that the person concerned has committed, is in the act of committing or will commit criminal offences under national laws.
Amendment 21 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6 – introductory part
Article 1 – paragraph 1 – point 6 – introductory part
(6) Paragraph 3 of Article 7 is replaced by the following:deleted.
Amendment 22 #
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Council Decision 2009/917/JHA
Article 7 – paragraph 3
Article 7 – paragraph 3
Amendment 24 #
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Council Decision 2009/917/JHA
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
Member States, Europol and Eurojust may process personal data obtained from the Customs Information System only in order to achieve the aim stated in Article 1(2), in accordance with the applicable rules of Union law on the processingtection of personal data.
Amendment 25 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Council Decision 2009/917/JHA
Article 8 – paragraph 4 – subparagraph 1 – point a
Article 8 – paragraph 4 – subparagraph 1 – point a
(a) transmitted to, and further processed by, national authorities other than those designated under paragraph 2, in accordance with the applicable rules of Union law on the processingtection of personal data; or
Amendment 26 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Council Decision 2009/917/JHA
Article 8 – paragraph 4 – subparagraph 1 – point b
Article 8 – paragraph 4 – subparagraph 1 – point b
(b) transferred to, and further processed by, the competent authorities of third countries and international or regional organisations, in accordance with Chapter V of Directive (EU) 2016/680 and, where relevant, with Chapters V and IX of Regulation (EU) 2018/1725.
Amendment 28 #
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Council Decision 2009/917/JHA
Article 14
Article 14
Personal data entered into the Customs Information System shall be kept only for the time necessary to achieve the aim stated in Article 1(2) and may not be retained for more than fiv. The need for their retention shall be reviewed at least once every three years. However, exceptionally, that data may be kept for an additional period of at most two years, where and insofar as a strictly need to do socessary in order to achieve that aim is established in an individual case.
Amendment 30 #
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Council Decision 2009/917/JHA
Article 20
Article 20
Directive (EU) 2016/680 and Regulation (EU) 2018/1725 shall apply to the processing of personal data under this Decision.