BETA

Activities of Clare DALY related to 2020/0349(COD)

Plenary speeches (1)

2022/05/03
Dossiers: 2020/0349(COD)

Shadow reports (1)

2021/10/15
Committee: LIBE
Dossiers: 2020/0349(COD)
Documents: PDF(485 KB) DOC(231 KB)
Authors: [{'name': 'Javier ZARZALEJOS', 'mepid': 197606}]

Amendments (85)

Proposal for a regulation
Recital 3

(3) These threats spread across borders, cutting across a variety of crimes that they facilitate, and manifest themselves in poly- criminal organised crime groups that engage in a wide range of criminal activities. ~~As action at national level alone does not suffice to address these transnational security challenges,~~ Member States’ law enforcement authorities have increasingly made use of the support and expertise that Europol offers to counter serious crime and terrorism. Since Regulation (EU) 2016/794 became applicable, ~~the operational importance of Europol’s tasks has changed substantially. The new threat environment also changes~~Europol has substantially expanded its areas of operations. Regulation 2016/794 includes a requirement that it be evaluated by the European Commission, by 1 May 2022. Article 68 lays down that this evaluation should assess, in particular, the impact, effectiveness and efficiency of Europol and of its working practices. In the absence of this evaluation, it is difficult if not impossible to assess what changes, if any, are necessary to the support Member States need and expect from Europol ~~to keep citizens safe~~.

2021/06/10
Committee: LIBE

Proposal for a regulation
Recital 4

(4) As Europe faces increasing threats from organised crime groups and terrorist attacks, an effective law enforcement response must include the availability of well-trained interoperable special intervention units specialised in the control of crisis situations. In the Union, the law enforcement units of the Member State cooperate on the basis of Council Decision 2008/617.53 Europol should be able to provide support to these special intervention units, including by providing operational, technical and financial support. _________________ 53Council Decision 2008/617/JHA of 23 June 2008 on the improvement of cooperation between the special intervention units of the Member States of the European Union in crisis situations (OJ L 210, 6.8.2008).deleted

2021/06/10
Committee: LIBE

(5) In recent years large scale cyber attacks targeted public and private entities alike across many jurisdictions in the Union and beyond, affecting various sectors including transport, health and financial services. ~~Cybercrime and cybersecurity cannot be separated in an interconnected environment.~~ The prevention, investigation and prosecution of such activities is supported by coordination and cooperation between relevant actors, including the European Union Agency for Cybersecurity (‘ENISA’), competent authorities for the security of network and information systems (‘NIS authorities’) as defined by Directive (EU) 2016/114854 , law enforcement authorities and private parties. In order to ensure the effective cooperation between all relevant actors at Union and national level on cyber attacks and security threats, Europol should cooperate with the ENISA through the exchange of information and by providing analytical support. _________________ 54Directive (EU) 2016/1148 of the European Parliament and of the Council of 6 July 2016 concerning measures for a high common level of security of network and information systems across the Union (OJ L 194, 19.7.2016, p. 1–30).

2021/06/10
Committee: LIBE

Proposal for a regulation
Recital 8

(8) The Schengen Information System (SIS), established in the field of police cooperation and judicial cooperation in criminal matters by Regulation (EU) 2018/1862 of the European Parliament and of the Council55 56 , is an essential tool for maintaining a high level of security within the area of freedom, security and justice. Europol, as a hub for information exchange in the Union, receives and holds valuable information from third countries and international organisations on persons suspected to be involved in crimes falling within the scope of Europol's mandate. Following consultation with the Member States, Europol should be able to enter data on these persons in the SIS in order to make it available directly and in real-time to SIS end-users. _________________ 55Regulation (EU) 2018/1862 of the European Parliament and of the Council of 28 November 2018 on the establishment, operation and use of the Schengen Information System (SIS) in the field of police cooperation and judicial cooperation in criminal matters, amending and repealing Council Decision 2007/533/JHA, and repealing Regulation (EC) No 1986/2006 of the European Parliament and of the Council and Commission Decision 2010/261/EU (OJ L 312, 7.12.2018, p. 56–106). 56Regulation (EU) 2018/1862 of the European Parliament and of the Council of 28 November 2018 on the establishment, operation and use of the Schengen Information System (SIS) in the field of police cooperation and judicial cooperation in criminal matters, amending and repealing Council Decision 2007/533/JHA, and repealing Regulation (EC) No 1986/2006 of the European Parliament and of the Council and Commission Decision 2010/261/EU (OJ L 312, 7.12.2018, p. 56–106).deleted

2021/06/10
Committee: LIBE

Proposal for a regulation
Recital 9

(9) Europol has an important role to play in support of the evaluation and monitoring mechanism to verify the application of the Schengen acquis as established by Council Regulation (EU) No 1053/2013. Given the need to reinforce the Union’s internal security, Europol should contribute with its expertise, analysis, reports and other relevant information to the entire evaluation and monitoring process, from programming to on-site visits and the follow-up. Europol should also assist in developing and updating the evaluation and monitoring toolsEuropol should, therefore, upon request, contribute to the Schengen Evaluation Mechanism with its expertise.

2021/06/10
Committee: LIBE

Proposal for a regulation
Recital 11

(11) In order to help EU funding for security research to develop its full potential and address the needs of law enforcement, Europol should assist the Commission in identifying key research themes, drawing up and implementing the Union framework programmes forThe EU spends hundreds of millions of euro on security research through various programmes. Europol should assist the Commission in identifying whether such security research aspend innovation that are relevant to Europol’s objectives. When Europol assists the Commission in identifying key research themes, drawing up and implementing a Union framework programme, it should not receive funding from that programme in accordance wg is effective in reducing crime and in creating a safer Europe, and whether ith the ~~conflict of interest principle~~refore represents value for money.

2021/06/10
Committee: LIBE

Proposal for a regulation
Recital 12

(12) It is possible for the Union and the Members States to adopt restrictive measures relating to foreign direct investment on the grounds of security or public order. To that end, Regulation (EU) 2019/452 of the European Parliament and of the Council57 establishes a framework for the screening of foreign direct investments into the Union that provides Member States and the Commission with the means to address risks to security or public order in a comprehensive manner. As part of the assessment of expected implications for security or public order, Europol should support the screening of specific cases of foreign direct investments into the Union that concern undertakings providing technologies used or being developed by Europol or by Member States for the prevention and investigation of crimes. _________________ 57Regulation (EU) 2019/452 of the European Parliament and of the Council of 19 March 2019 establishing a framework for the screening of foreign direct investments into the Union (OJ L 79I , 21.3.2019, p. 1–14).deleted

2021/06/10
Committee: LIBE

Proposal for a regulation
Recital 14

(14) One of Europol’s objectives is to support and strengthen action by the competent authorities of the Member States and their mutual cooperation in preventing and combatting forms of crime which affect a common interest covered by a Union policy. To strengthen that support, Europol should be able to request the competent authorities of a Member State to initiate, conduct or coordinate a criminal investigation of a crime, which affects a common interest covered by a Union policy, even where the crime concerned is not of a cross-border nature. Europol should inform Eurojust of such requests.deleted

2021/06/10
Committee: LIBE

Proposal for a regulation
Recital 15

(15) Publishing the identity and certain personal data of suspects or convicted individuals, who are wanted based on a Member State’s judicial decision, increases the chances of locating and arresting such individuals. To support Member States in this task, Europol should be able to publish on its website information on Europe’s most wanted fugitives for criminal offences in respect of which Europol is competent~~, and facilitate the provision of information by the public on these individuals~~.

2021/06/10
Committee: LIBE

Proposal for a regulation
Recital 16

(16) To ensure that processing of personal data by Europol is limited to the categories of data subjects whose data may be processed under this Regulation, Europol should be able to verify if personal data received in the context of preventing and countering crimes falling within the scope of Europol’s objectives corresponds to one of those categories of data subjects. To that end, Europol should be able to carry out a pre-analysis of personal data received with the sole purpose of determining whether such data falls into those categories of data subjects. To this end, Europol should be able to filter the data by checking it against data already held by Europol. Such pre-analysis should take place prior to, and separate from, Europol’s data processing for cross- checking, strategic analysis, operational analysis or exchange of information. If the pre-analysis indicates that personal data does not fall into the categories of data subjects whose data may be processed under this Regulation, Europol should delete that data.

2021/06/10
Committee: LIBE

Proposal for a regulation
Recital 17

(17) ~~Data collected in criminal investigations have been increasing in size and have become more complex.~~ Member States submit large and complex datasets to Europol, requesting Europol’s operational analysis to detect links to other crimes and criminals in other Member States and outside the Union. Member States cannot detect such cross-border links through their own analysis of the data. Europol should be able to support Member States’ criminal investigations by processing large and complex datasets to detect such cross-border links where the strict requirements set out in this Regulation are fulfilled. Where necessary to support effectively a specific criminal investigation in a Member State, Europol should be able to process those data sets that national authorities have acquired in the context of that criminal investigation in accordance with procedural requirements and safeguards applicable under their national criminal law and subsequently submitted to Europol. Where a Member State provides Europol with an investigative case file requesting Europol’s support for a specific criminal investigation, Europol should be able to process all data contained in that file for as long as it supports that specific criminal investigation. Europol should also be able to process personal data that is necessary for its support to a specific criminal investigation in a Member State if that data originates from a third country, provided that the third country is subject to a Commission decision finding that the country ensures an adequate level of data protection (‘adequacy decision’), or, in the absence of an adequacy decision, an international agreement concluded by the Union pursuant to Article 218 TFEU, or a cooperation agreement allowing for the exchange of personal data concluded between Europol and the third country prior to the entry into force of Regulation (EU) 2016/794, and provided that the third county acquired the data in the context of a criminal investigation in accordance with procedural requirements and safeguards applicable under its national criminal lawIn light of the EDPS’s admonishment of Europol in regard to its processing of such datasets, Europol should cease all such processing.

2021/06/10
Committee: LIBE

Proposal for a regulation
Recital 18

(18) To ensure that any data processing is necessary and proportionate, Member States should ensure compliance with national and Union law when they submit ~~an investigative case file to Europol. Europol should verify whether,~~ personal data to Europol, bearing in mind that the European Court of Human Rights has ruled that the mere storing o~~rder to support a specific criminal investigation, it is necessary and proportionate to pro~~f data relating to the private life of an individual, irrespective of their subsequent use, amounts to an interference within the meaning of Article 8 of the European Convention on Human Rights, which guarantees the right to respect for private and family life, home and correspondence, and that for its part, the Court of Justice of the European Union considers that access to personal data that may not fall into the categories of data subjects whose data may generally be processed under Annex II of Regulation (EU) 2016/794. Europol should document that assessment. Europol should store such data with functional separation from other data and should only process it where necessary for its support to the specific criminal investigation, such as in case of a new leadwith a view to its retention or use affects the fundamental right to respect for private life guaranteed in Article 7 of the Charter of the Fundamental Rights of the EU. Such processing of personal data also falls within the scope of Article 8 of the Charter because it constitutes the processing of personal data within the meaning of that article and, accordingly, must necessarily satisfy the data protection requirements laid down in that article. Moreover, both courts consider that access to personal data by a public authority constitutes a further interference. As a consequence, access, retention and further use of personal data by public authorities, such as law enforcement authorities must not exceed the limits of what is strictly necessary, assessed in the light of the Charter, in order to be justified within a democratic society. In addition, Europol should, in order to support a specific criminal investigation, only process personal data that fall into the categories of data subjects whose data may generally be processed under Annex II of Regulation (EU) 2016/794.

2021/06/10
Committee: LIBE

Proposal for a regulation
Recital 19

(19) To ensure that a Member State can use Europol’s analytical reports as part of judicial proceedings following a criminal investigation, Europol should be able to store the ~~related investigative case file~~data underlying such analytical reports upon request of that Member State for the purpose of ensuring the veracity, reliability and traceability of the criminal intelligence process. Europol should store such data separately and only for as long as the judicial proceedings related to that criminal investigation are on-going in the Member State. There is a need to ensure access of competent judicial authorities as well as the rights of defence, in particular the right of suspects or accused persons or their lawyers of access to the materials of the case, and to ensure that the ‘chain of custody’ of evidence at Europol is respected and all evidence and the methods by which it has been produced and/or come into Europol's possession logged, allowing for effective scrutiny of evidence by the defence.

2021/06/10
Committee: LIBE

Proposal for a regulation
Recital 24

(24) Serious crime and terrorism often have links beyond the territory of the Union. Europol can exchange personal data with third countries while safeguarding the protection of privacy and fundamental rights and freedoms of the data subjects. ~~To reinforce cooperation with third countries in pre~~In circumstances where it is essential to the invensti~~ng and countering~~gation of crimes falling within the scope of Europol’s objectives, the Executive Director of Europol should be allowed to authorise ~~categories of~~ transfers of personal data to third countries in specific situations and on a case-by-case basis, where such a ~~group of~~ transfers related to a specific situation ~~are~~ is proportionate,necessary and meets all the requirements of this Regulation.

2021/06/10
Committee: LIBE

Proposal for a regulation
Recital 25

(25) To support Member States in cooperating with private parties providing cross-border services where those private parties hold information relevant for preventing and combatting crime, Europol should be able to indirectly receive, and in specific circumstances, exchange personal data with private parties.

2021/06/10
Committee: LIBE

Proposal for a regulation
Recital 26

(26) Criminals increasingly use cross- border services of private parties to communicate and carry out illegal activities. Sex offenders ~~abuse~~exploit children and share pictures and videos world-wide using online platforms on the internet. Terrorists ~~abu~~utilise cross-border services by online service providers to recruit volunteers, plan and coordinate attacks, and disseminate propaganda. Cyber criminals profit from the digitalisation of our societies using phishing and social engineering to commit other types of cybercrime such as online scams, ransomware attacks or payment fraud. As a result from the increased use of online services ~~by criminals~~, private parties hold increasing amounts of personal data that may be relevant for criminal investigations.

2021/06/10
Committee: LIBE

Proposal for a regulation
Recital 27

(27) Given the borderless nature of the internet, ~~these services can often be provided from anywhere in the world. As a result,~~ victims, perpetrators, and the digital infrastructure in which the personal data is stored and the service provider providing the service may all be subject to different national jurisdictions, within the Union and beyond. Private parties may therefore hold data sets relevant for law enforcement which contain personal data with links to multiple jurisdictions as well as personal data which cannot easily be attributed to any specific jurisdiction. National authorities find it difficult to effectively analyse such multi- jurisdictional or non-attributable data sets through national solutions. When private parties decide to lawfully and voluntarily share the data with law enforcement authorities, they do currently not have a single point of contact with which they can share such data sets at Union-level. Moreover, private parties face difficulties when receiving multiple requests from law enforcement authorities of different countries.

2021/06/10
Committee: LIBE

Proposal for a regulation
Recital 28

(28) To ensure that private parties have a point of contact at Union level to lawfully share multi-jurisdictional data sets or data sets that could not be easily attributed so far to one or several specific jurisdictions, Europol should be able to receive personal data directly from private parties.deleted

2021/06/10
Committee: LIBE

Proposal for a regulation
Recital 29

(29) To ensure that Member States receive quickly the relevant information necessary to initiate investigations to prevent and combat serious crime and terrorism, Europol should be able to process and analyse such data sets, which have been transmitted to Europol by Member States, in order to identify the relevant Member States and forward to the national law enforcement authorities concerned the information and analysis necessary to investigate these crimes under their respective jurisdictions.

2021/06/10
Committee: LIBE

Proposal for a regulation
Recital 30

(30) To ensure that it can identify all relevant national law enforcement authorities concerned, Europol should be able to inform private parties when the information received from them is insufficient to enable Europol to identify the law enforcement authorities concerned. This would enable private parties which have shared information with Europol to decide whether it is in their interest to share additional information with Europol and whether they can lawfully do so. To this endo this end, on a case-by-case basis, Europol can inform private parties of missing information, as far as this is strictly necessary for the identification of the relevant law enforcement authorities. Special safeguards should apply to such transfers in particular when the private party concerned is not established within the Union or in a third country with which Europol has a cooperation agreement allowing for the exchange of personal data, or with which the Union has concluded an international agreement pursuant to Article 218 TFEU providing for appropriate safeguards, or which is the subject of an adequacy decision by the Commission, finding that the third country in question ensures an adequate level of data protection.

2021/06/10
Committee: LIBE

Proposal for a regulation
Recital 31

(31) Member States, third countries, or international organisation, including the International Criminal Police Organisation (Interpol), ~~or private parties~~ may share multi-jurisdictional data sets or data sets that cannot be attributed to one or several specific jurisdictions with Europol, where those data sets contain links to personal data held by private parties. Where it is necessary to obtain additional information from such private parties to identify all relevant Member States concerned, Europol should be able to ask Member States, via their national units, to request private parties which are established or have a legal representative in their territory to share personal data with Europol in accordance with those Member States’ applicable laws. In many cases, these Member States may not be able to establish a link to their jurisdiction other than the fact that the private party holding the relevant data is established under their jurisdiction. Irrespective of their jurisdiction with regard the specific criminal activity subject to the request, Member States should therefore ensure that their competent national authorities can obtain personal data from private parties for the purpose of supplying Europol with the information necessary for it to fulfil its objectives, in full compliance with procedural guarantees under their national laws.

2021/06/10
Committee: LIBE

Proposal for a regulation
Recital 32

(32) To ensure that Europol does not keep the data longer than necessary to identify the Member States concerned, time limits for the storage of personal data by Europol should apply. Once Europol has exhausted all means at its disposal to identify all Member States concerned, and cannot reasonably expect to identify further Member States concerned, the storage of this personal data is no longer necessary and proportionate for identifying the Member States concerned. Europol should erase the personal data ~~within four months~~immediately after the last transmission has taken place, unless a national unit, contact point or authority concerned resubmits, on duly justified grounds, in compliance with national and Union law, the personal data as their data to Europol within this period. If the resubmitted personal data has been part of a larger set of personal data, Europol should only keep the personal data if and in so far as it has been resubmitted by a national unit, contact point or authority concerned.

2021/06/10
Committee: LIBE

Proposal for a regulation
Recital 34

(34) Europol should be able to provide the necessary support for national law enforcement authorities to interact with private parties, in particular by providing the necessary infrastructure for such interaction, for example, when national authorities refer terrorist content online to online service providers or exchange information with private parties in the context of cyber attacks. Where Member States use the Europol infrastructure for exchanges of personal data on crimes falling outside the scope of the objectives of Europol, Europol should not have access to that data.deleted

2021/06/10
Committee: LIBE

Proposal for a regulation
Recital 35

(35) Terrorist attacks trigger the large scale dissemination of terrorist content via online platforms depicting harm to life or physical integrity, or calling for imminent harm to life or physical integrity. To ensure that Member States can effectively prevent the dissemination of such content in the context of such crisis situations stemming from ongoing or recent real- world events, Europol should be able to exchange personal data with private parties, including hashes, IP addresses or URLs related to such content, necessary in order to support Member States in preventing the dissemination of such content, in particular where this content aims at or has the effect of seriously intimidating a population, and where there is an anticipated potential for exponential multiplication and virality across multiple online service providers.deleted

2021/06/10
Committee: LIBE

Proposal for a regulation
Recital 37

(37) Given the challenges that the use of new technologies by criminals pose to the Union’s security, law enforcement authorities are required to strengthen their technological capacities. To that end, Europol should support Member States in the use of emerging technologies in preventing and countering crimes falling within the scope of Europol’s objectives. To explore new approaches and develop common technological solutions for Member States to prevent and counter crimes falling within the scope of Europol’s objectives, Europol should be able to conduct research and innovation activities regarding matters covered by this Regulation, including with the processing of personal data where necessary and whilst ensuring full respect for fundamental rights. The provisions on the development of new tools by Europol should not constitute a legal basis for their deployment at Union or national level.

2021/06/10
Committee: LIBE

Proposal for a regulation
Recital 38

(38) Europol should play a key role in assisting Member States to develop new technological solutions based on artificial intelligence, which would benefit national law enforcement authorities throughout the Union. Europol should play a key role in promoting ethical, trustworthy and human centric artificial intelligence subject to robust safeguards in terms of security, safety and fundamental rights.deleted

2021/06/10
Committee: LIBE

Proposal for a regulation
Recital 39

(39) Europol should inform the European Data Protection Supervisor prior to the launch of ~~its research and innovation~~ projects that involve the processing of personal data. For each project, Europol should carry out, prior to the processing, an assessment of the impact of the envisaged processing operations on the protection of personal data and all other fundamental rights, including of any bias in the outcome. This should include an assessment of the appropriateness of the personal data to be processed for the specific purpose of the project. Such an assessment would facilitate the supervisory role of the European Data Protection Supervisor, including the exercise of its corrective powers under this Regulation which might also lead to a ban on processing. The development of new tools by Europol should be without prejudice to the legal basis, including grounds for processing the personal data concerned, that would subsequently be required for their deployment at Union or national level.

2021/06/10
Committee: LIBE

Proposal for a regulation
Recital 40

(40) Providing Europol with additional tools and capabilities requires reinforcing the democratic oversight and accountability of Europol. Joint parliamentary scrutiny constitutes an important element of political monitoring of Europol's activities. To enable effective political monitoring of the way Europol applies additional tools and capabilities, Europol should provide the Joint Parliamentary Scrutiny Group with annual information on the use of these tools and capabilities and the result thereof. The JPSG should also be furnished with all documentation provided to the Management Board as part of its functions. The JPSG should be empowered to conduct on-site visits and to convene emergency hearings with the Executive Director and/or any other representatives of Europol in circumstances where it is concerned that fundamental rights may have been breached by Europol activities or operations, and should be empowered to request that the Management Board order the suspension of a project or activity, as well empowered to request that the Management Board propose to the Council the dismissal of the Executive Director.

2021/06/10
Committee: LIBE

Proposal for a regulation
Recital 41

(41) Europol’s services provide added value to Member States and third countries. This includes Member States that do not take part in measures pursuant to Title V of Part Three of the Treaty on the Functioning of the European Union. Member States ~~and third countries~~ may contribute to Europol’s budget based on separate agreements. Europol should therefore be able to receive contributions from Member States ~~and third countries~~ on the basis of financial agreements within the scope of its objectives and tasks.

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point c

(c) the following point (q) is added: ‘(q) ‘investigative case file’ means a dataset or multiple datasets that a Member State, the EPPO or a third country acquired in the context of an on- going criminal investigation, in accordance with procedural requirements and safeguards under the applicable national criminal law, and submitted to Europol in support of that criminal investigation.’deleted

2021/06/10
Committee: LIBE

(i) point (h) is replaced by the following: ‘(h) support Member States’ cross-border information exchange activities, operations and investigations, as well as joint investigation teams, and special intervention units, including by providing operational, technical and financial support;;’deleted

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a – point iii

Regulation (EU) 2016/794
Article 4 – paragraph 1 – point m

(m) support Member States’ actions in preventing and combating forms of crime listed in Annex I which are facilitated, promoted or committed using the internet, including, in cooperation with Member States, and the coordination of law enforcement authorities’ response to cyberattacks, the taking down of terrorist content online, and the making of referrals of internet content, by which such forms of crime are facilitated, promoted or committed, to the online service providers concerned for their voluntary consideration of the compatibility of the referred internet content with their own terms and conditions;;

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a – point iv – introductory part

Regulation (EU) 2016/794
Article 4 – paragraph 1 – point m – point iv

(iv) the following point~~s (q) to (r) are~~ is added:

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a – point iv

(q) support Member States in identifying persons whose involvement in crimes falling within the scope of Europol’s mandate, as listed in Annex I, constitute a high risk for security, and facilitate joint, coordinated and prioritised investigations;deleted

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a – point iv

Regulation (EU) 2016/794
Article 4 – paragraph 1 – point r

(r) enter data into the Schengen Information System, in accordance with Regulation (EU) 2018/1862 of the European Parliament and of the Council*, following consultation with the Member States in accordance with Article 7 of this Regulation, and under authorisation by the Europol Executive Director, on the suspected involvement of a third country national in an offence in respect of which Europol is competent and of which it is aware on the basis of information received from third countries or international organisations within the meaning of Article 17(1)(b);deleted

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a – point iv

Regulation (EU) 2016/794
Article 4 – paragraph 1 – point s

(s) support, through the provision of expertise and analyses upon request, the implementation of the evaluation and monitoring mechanism under Regulation (EU) No 1053/2013 within the scope of Europol’s objectives as set out in Article 3;

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a – point iv

Regulation (EU) 2016/794
Article 4 – paragraph 1 – point t

(t) proactively monitor ~~and contribute to~~ research and innovation activities relevant to achieve the objectives set out in Article 3, support related activities of Member States, and implement its research and innovation activities regarding matters covered by this Regulation, including the development, training, testing and validation of algorithms for the development of tools.

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a – point iv

Regulation (EU) 2016/794
Article 4 – paragraph 1 – point u

(u) support Member States’ actions in preventing the dissemination of online content related to terrorism or violent extremism in crisis situations, which stems from an ongoing or recent real- world event, depicts harm to life or physical integrity or calls for imminent harm to life or physical integrity, and aims at or has the effect of seriously intimidating a population, and where there is an anticipated potential for exponential multiplication and virality across multiple online service providers.deleted

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point b

Regulation (EU) 2016/794
Article 4 – paragraph 2

Europol shall also assist in the operational implementation of those priorities, ~~notably in the European Multidisciplinary Platform Against Criminal Threats, including by facilitating and providing administrative, logistical, financial and~~by facilitating and providing operational support to Member States-led operational and strategic activities.;

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point d – introductory part

Regulation (EU) 2016/794
Article 4 – paragraph 4

(d) the following paragraphs 4a ~~and 4b are~~is inserted:

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point d

Regulation (EU) 2016/794
Article 4 – paragraph 4a

4a. Europol shall assist the Commission in identifying ~~key research themes, drawing up and implementing~~whether security research and innovation projects carried out under the Union framework programmes for research and innovation activities that are relevant to ~~achieve~~ the objectives set out in Article 3~~. When Europol assists the Commission in identifying key research themes, drawing up and implementing a Union framework programme, the Agency shall not receive funding from that programm~~ are effective in reducing crime and making Europe safer and more secure.

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point d

Regulation (EU) 2016/794
Article 4 – paragraph 4b

4b. Europol shall support the screening of specific cases of foreign direct investments into the Union under Regulation (EU) 2019/452 of the European Parliament and of the Council* that concern undertakings providing technologies used or being developed by Europol or by Member States for the prevention and investigation of crimes covered by Article 3 on the expected implications for security. ____________ * Regulation (EU) 2019/452 of the European Parliament and of the Council of 19 March 2019 establishing a framework for the screening of foreign direct investments into the Union (OJ L 79I , 21.3.2019, p. 1).deleted

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point e

Regulation (EU) 2016/794
Article 4 – paragraph 5

Europol staff may assist the competent authorities of the Member States, at their request and in accordance with their national law, in the taking of investigative measures that are not coercive.

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 3

Regulation (EU) 2016/794
Article 6 – paragraph 1

(3) in Article 6, paragraph 1 is replaced by the following: ‘1. In specific cases where Europol considers that a criminal investigation should be initiated into a crime falling within the scope of its objectives, it shall request the competent authorities of the Member State or Member States concerned via the national units to initiate, conduct or coordinate such a criminal investigation.’deleted

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 4 a (new)

Regulation (EU) 2016/794
Article 12 – paragraph 1

(4 a) In Article 12, paragraph 1 is replaced by the following: "1. The Management Board shall, by 30 November each year, adopt a single programming document containing Europol's multiannual programming and annual work programme, based on a draft put forward by the Executive Director, taking into account the opinion of the Commission and the JPSG. If the Management Board decides not to take into account elements of the opinion of the Commission and the JPSG, it shall provide a thorough justification. The same obligation shall apply to the elements raised by the JPSG in accordance with point (c) of Article 51(2). The Management Board shall forward the final single programming document to the Council, the Commission and the JPSG" Or. en (Regulation 2016/794)

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 4 b (new)

Regulation (EU) 2016/794
Article 14 – paragraph 4

(4 b) In Article 14, paragraph 4 is replaced by the following: ""4. The Management Board may invite any person whose opinion may be relevant for the discussion to attend its meeting as a non-voting observer. Two representatives of the JPSG shall be invited to all meetings of the Management Board as non-voting observers."" Or. en (Regulation 2016/794)

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 4 c (new)

Regulation (EU) 2016/794
Article 16 – paragraph 3

(4 c) In Article 16, paragraph 3 is replaced by the following: ""3. The Council and the JPSG may invite the Executive Director to report on the performance of his or her duties."" Or. en (Regulation 2016/794)

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 4 d (new)

Regulation (EU) 2016/794
Article 16 – paragraph 5 – point d

(4 d) In Article 16(5), point (d) is replaced by the following: "“(d) preparing the draft single programming document containing the multiannual programming and annual work programmes and submitting it to the Management Board, after having consulted the Commission and the JPSG;”" Or. en (Regulation 2016/794)

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a – point i

Regulation (EU) 2016/794
Article 18 – paragraph 2 – point d

(i) point (d) is replaced by the following wording: ‘(d) facilitating the exchange of information between Member States, Europol, other Union bodies, third countries, international organisations and private parties;’deleted

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a – point ii – introductory part

Regulation (EU) 2016/794
Article 18 – paragraph 2 – point e

(ii) the following point~~s (e) and~~ (f) ~~are~~is added:

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a – point ii

~~(e) research and innovation regarding matters covered by this Regulation for the development, training, testing and validation of algorithms for the development of tools;~~deleted

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a – point ii

Regulation (EU) 2016/794
Article 18 – paragraph 2 – point f

(f) supporting Member States in informing the public about suspects or convicted individuals who are wanted based on a national judicial decision relating to a criminal offence in respect of which Europol is competent~~, and facilitate the provision of information by the public on these individuals~~.

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point b

Regulation (EU) 2016/794
Article 18 – paragraph 3a

(b) the following paragraph 3a is inserted: ‘3a. Processing of personal data for the purpose of research and innovation as referred to in point (e) of paragraph 2 shall be performed by means of Europol’s research and innovation projects with clearly defined objectives, duration and scope of the personal data processing involved, in respect of which the additional specific safeguards set out in Article 33a shall apply.’deleted

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point c

Regulation (EU) 2016/794
Article 18 – paragraph 5

5. Without prejudice to Article 8(4) ~~and Article 18a~~, categories of personal data and categories of data subjects whose data may be collected and processed for each purpose referred to in paragraph 2 are listed in Annex II.

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point d

Regulation (EU) 2016/794
Article 18 – paragraph 5a

5a. Prior to the processing of data under paragraph 2 of this Article, Europol may in exceptional cases, on objectively justified grounds, which are duly recorded, temporarily process personal data received pursuant to Article 17(1) ~~and (2)~~ for the purpose of determining whether such data comply with the requirements of paragraph 5 of this Article, ~~including by checking the data against all data that Europol already processes in accordance with paragraph 5~~where it is impossible for the provider of that data to separate relevant from non-relevant data. Processing under this paragraph shall be separate from Europol’s data processing for cross-checking, strategic analysis, operational analysis or exchange of information. The Management Board, acting on a proposal from the Executive Director and after consulting the EDPS, shall further specify the conditions relating to the processing of such data. Europol may only process personal data pursuant to this paragraph for a maximum period of 3 months, or in justified cases for a longer period with the prior authorisation of the EDPS, where necessary for the purpose of this Article. Where the result of the processing indicates that personal data do not comply with the requirements of paragraph 5 of this Article, Europol shall delete that data and inform the provider of the data accordingly.

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 6

Regulation (EU) 2016/794
Article 18a

~~[...]~~deleted

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point a

Regulation (EU) 2016/794
Article 25 – paragraph 5

(a) In paragraph 5, the introductory phrase is replaced by the following: ‘By way of derogation from paragraph 1, the Executive Director may authorise the transfer or categories of transfers of personal data to third countries or international organisations on a case-by- case basis if the transfer is, or the related transfers are:;’deleted

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 11 – point b – introductory part

Regulation (EU) 2016/794
Article 25 – paragraph 8

(b) ~~In p~~Paragraph 8~~, the following sentence is deleted~~ is replaced by the following:

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point a

Regulation (EU) 2016/794
Article 26 – paragraph 2

2. Where Europol ~~may~~ receives personal data ~~directly~~ from private parties ~~and~~, it may process those personal data in accordance with Article 18 in order to identify all national units concerned, as referred to in point (a) of paragraph 1. Europol shall forward the personal data and any relevant results from the processing of that data necessary for the purpose of establishing jurisdiction immediately to the national units concerned. Europol may forward the personal data and relevant results from the processing of that data necessary for the purpose of establishing jurisdiction in accordance with Article 25 to contact points and authorities concerned as referred to in points (b) and (c) of paragraph 1. Once Europol has identified and forwarded the relevant personal data to all the respective national units concerned, or it is not possible to identify further national units concerned, it shall erase the data, unless a national unit, contact point or authority concerned resubmits the personal data to Europol in accordance with Article 19(1) within four months after the transfer takes place.

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point b

Regulation (EU) 2016/794
Article 26 – paragraph 4

4. If Europol receives personal data from a private party in a third country in accordance with paragraph 1, Europol may forward those data only to a Member State, or to a third country concerned with which an agreement on the basis of Article 23 of Decision 2009/371/JHA or on the basis of Article 218 TFEU has been concluded or which is the subject of an adequacy decision as referred to in point (a) of Article 25(1) of this Regulation. Where the conditions set out under paragraphs 5 and 6 of Article 25 are fulfilled, Europol may transfer the result of its analysis and verification of such data with the third country concerned.

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point c

Regulation (EU) 2016/794
Article 26 – paragraph 5 – point c

(c) the transmission or transfer of personal data which are publicly available is strictly necessary for the performance of the task set out in point (m) of Article 4(1) and the following conditions are met: (i) the transmission or transfer concerns an individual and specific case; (ii) no fundamental rights and freedoms of the data subjects concerned override the public interest necessitating the transmission or transfer in the case at hand; ordeleted

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point c

Regulation (EU) 2016/794
Article 26 – paragraph 6

6. With regard to points (a), (b) and (d) of paragraph 5 of this Article, if the private party concerned is not established within the Union or in a country with which Europol has a cooperation agreement allowing for the exchange of personal data, with which the Union has concluded an international agreement pursuant to Article 218 TFEU or which is the subject of an adequacy decision as referred to in point (a) of Article 25(1) of this Regulation, the transfer shall only be authorised by the Executive Director if the transfer is: (a) necessary in order to protect the vital interests of the data subject or another person; or (b) necessary in order to safeguard legitimate interests of the data subject; or (c) essential for the prevention of an immediate and serious threat to public security of a Member State or a third country; or (d) necessary in individual cases for the purposes of the prevention, investigation, detection or prosecution of criminal offences for which Europol is competent; or (e) necessary in individual cases for the establishment, exercise or defence of legal claims relating to the prevention, investigation, detection or prosecution of a specific criminal offence for which Europol is competent. Personal data shall not be transferred if the Executive Director determines that fundamental rights and freedoms of the data subject concerned override the public interest in the transfer referred to in points (d) and (e). Transfers shall not be systematic, massive or structural.deleted

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point d

Regulation (EU) 2016/794
Article 26 – paragraph 6b

6b. Europol’s infrastructure may be used for exchanges between the competent authorities of Member States and private parties in accordance with the respective Member States’ national laws. In cases where Member States use this infrastructure for exchanges of personal data on crimes falling outside the scope of the objectives of Europol, Europol shall not have access to that data.deleted

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point e

Regulation (EU) 2016/794
Article 26 – paragraph 9

(e) paragraphs 9 ~~and 10 are~~is deleted;

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point e a (new)

Regulation (EU) 2016/794
Article 26 – paragraph 10

(e a) Paragraph 10 is replaced by the following:“10. The Commission shall evaluate the practice of direct exchanges of personal data with private parties by 1 May 2025.”

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 13

Regulation (EU) 2016/794
Article 26a

~~[...]~~deleted

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 14

Regulation (EU) 2016/794
Article 27a – paragraph 1

1. This Regulation, Article 3, Article 66, and Chapter IX of Regulation (EU) 2018/1725 of the European Parliament and of the Council* shall apply to the processing of operational personal data by Europol.

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 16 – point a

Regulation (EU) 2016/794
Article 30 – paragraph 2

2. Processing of personal data, by automated or other means, revealing racial or ethnic origin, political opinions, religious or philosophical beliefs or trade union membership and processing of genetic data and biometric data for the purpose of uniquely identifying a natural person or data concerning a person’s health or sex life or sexual orientation shall be ~~allow~~prohibited ounl~~y where~~ess it is strictly necessary and proportionate for preventing or combating crime that falls within Europol’s objectives and if those data supplement other personal data processed by Europol.; The selection of a particular group of persons solely on the basis of such personal data shall be prohibited.

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 19

Regulation (EU) 2016/794
Article 33a

(19) the following Article 33a is inserted: ‘Article 33a Processing of personal data for research and innovation 1. For the processing of personal data performed by means of Europol’s research and innovation projects as referred to in point (e) of Article 18(2), the following additional safeguards shall apply: (a) any project shall be subject to prior authorisation by the Executive Director, based on a description of the envisaged processing activity setting out the necessity to process personal data, such as for exploring and testing innovative solutions and ensuring accuracy of the project results, a description of the personal data to be processed, a description of the retention period and conditions for access to the personal data, a data protection impact assessment of the risks to all rights and freedoms of data subjects, including of any bias in the outcome, and the measures envisaged to address those risks; (b) (b) the Management Board and the EDPS shall be informed prior to the launch of the project; (c) any personal data to be processed in the context of the project shall be temporarily copied to a separate, isolated and protected data processing environment within Europol for the sole purpose of carrying out that project and only authorised staff of Europol shall have access to that data; (c) (d) any personal data processed in the context of the project shall not be transmitted, transferred or otherwise accessed by other parties; (d) (e) any processing of personal data in the context of the project shall not lead to measures or decisions affecting the data subjects; (e) (f) any personal data processed in the context of the project shall be deleted once the project is concluded or the personal data has reached the end of its retention period in accordance with Article 31; (f) (g) the logs of the processing of personal data in the context of the project shall be kept for the duration of the project and 1 year after the project is concluded, solely for the purpose of and only as long as necessary for verifying the accuracy of the outcome of the data processing. (g) THIS POINT IS MISSING. THANK YOU FOR USING ANOTHER LANGUAGE. 2. Europol shall keep a complete and detailed description of the process and rationale behind the training, testing and validation of algorithms to ensure transparency and for verification of the accuracy of the results.;’deleted

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 20 – point a

Regulation (EU) 2016/794
Article 34 – paragraph 1

1. IWithout prejudice to Article 92 of Regulation (EU)2018/1725, in the event of a personal data breach, Europol shall without undue delay notify the competent authorities of the Member States concerned, of that breach, in accordance with the conditions laid down in Article 7(5), as well as the provider of the data concerned unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons.;

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 22 – point b

3. Any data subject wishing to exercise the right of access referred to in Article 80 of Regulation (EU) 2018/1725 to personal data that relate to the data subject may make a request to that effect, without ~~incurring excessive~~ costs, to the authority appointed for that purpose in the Member State of his or her choice, or to Europol. Where the request is made to the Member State authority, that authority shall refer the request to Europol without delay, and in any case within one month of receipt.; Member States providing the data shall communicate the breach to the data subject concerned in accordance with the procedures of their national law.

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 29

Regulation (EU) 2016/794
Article 41 – paragraph 4

4. The Data Protection Officer shall be designated for a term of four years and shall be eligible for reappointment. The Data Protection Officer may be dismissed from his or her post by the ~~Executive~~Management Board only with the agreement of the EDPS, if he or she no longer fulfils the conditions required for the performance of his or her duties

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 32 – point a a (new)

Regulation (EU) 2016/794
Article 43 – paragraphs 3 and 4

(a a) paragraphs 3 and 4 shall be replaced by the following: “3. The tasks and powers of the EDPS as set out in Articles 57 and 58 of Regulation2018/1725 shall apply mutatis mutandis to Europol and all data processing activity in accordance with this Regulation.

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 36 – point b

Regulation (EU) 2016/794
Article 50 – paragraph 1

(b) paragraph 1 is ~~deleted;~~replaced by the following: "1. Article 65 of Regulation 2016/1725 and Article 56 of Directive 2016/680 shall apply to any person who has suffered material or non-material damage as a result of an infringement of this Regulation."

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 37 – point -a (new)

Regulation (EU) 2016/794
Article 51 – paragraph 2

(-a) In paragraph 2, the following points (aa) and (ab) are added: “(aa) Europol shall furnish the JPSG with any and all documents which are provided to the Management Board at the same time as they are provided to the Management Board.Europol shall also furnish the JPSG with any and all documents requested by it and which are necessary for the fulfilment of its tasks relating to the political monitoring of Europol.Europol shall fulfil all such requests within a reasonable period and in any case not later than 14days from the date of the request. "(ab) The Chairperson of the Management Board, the Executive Director or their Deputies shall, at short notice, appear before an emergency session of the JPSG convened in circumstances where the latter believes that Europol has engaged in activities that breach fundamental rights.”

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 37 – point a – introductory part

Regulation (EU) 2016/794
Article 51 – paragraph 3

(a) in paragraph 3, the following points (f) ~~to (i) are are~~is added:

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 37 – point a

Regulation (EU) 2016/794
Article 51 – paragraph 3 – point g

(g) annual information about the number of cases where it was necessary for Europol to process personal data outside the categories of data subjects listed in Annex II in order to support Member States in a specific criminal investigation in accordance with Article 18a, including examples of such cases demonstrating why this data processing was necessary;deleted

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 37 – point a

Regulation (EU) 2016/794
Article 51 – paragraph 3 – point h

(h) annual information about the number of cases in which Europol issued alerts in the Schengen Information System in accordance with Article 4(1)(r), and the number of ‘hits’ these alerts generated, including specific examples of cases demonstrating why these alerts were necessary for Europol to fulfil its objectives and tasks;deleted

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 37 – point a

Regulation (EU) 2016/794
Article 51 – paragraph 3 – point i

(i) annual information about the number of pilot projects in which Europol processed personal data to train, test and validate algorithms for the development of tools, including AI-based tools, for law enforcement in accordance with Article 33a, including information on the purposes of these projects and the law enforcement needs they seek to address.;deleted

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 37 – point a a (new)

Regulation (EU) 2016/794
Article 51 – paragraphs 5a and 5b (new)

(a a) Paragraphs 5a and 5b are added: “5a.The JPSG shall have the power to conduct unannounced visits to Europol offices. "5b.The JPSG shall have the power to impose sanctions on Europol in circumstances where breaches of fundamental rights in the activities of Europol have been found.These sanctions shall include: (i ) a request that the Management Board impose a temporary or definitive limitation on a project or activity; (ii) a request that the Management Board order the suspension of a project or activity; (iii) a request that the Management Board initiate the dismissal of the Executive Director."

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 38

Regulation (EU) 2016/794
Article 57 – paragraph 4

4. Europol may benefit from Union funding in the form of contribution agreements or grant agreements in accordance with its financial rules referred to in Article 61 and with the provisions of the relevant instruments supporting the policies of the Union. Contributions may be received from countries with whom Europol or the Union has an agreement providing for financial contributions to Europol within the scope of Europol’s objectives and tasks. The amount of the contribution shall be determined in the respective agreement.;

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 39 – point b

Regulation (EU) 2016/794
Article 61 – paragraphs 2 and 3

(b) paragraphs 2 and 3 are replaced by the following: ‘2. Europol may award grants related to the fulfilment of its objectives and tasks as referred to in Articles 3 and 4.”; 3. Europol may award grants without a call for proposals to Member States for performance of activities falling within Europol’s objectives and tasks.;’deleted

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 39 – point c

Regulation (EU) 2016/794
Article 61 – paragraph 3a

3a. ~~Where duly justified for operational purposes, f~~Financial support may not cover the full investment costs of equipment, infrastructure or other assets.;

2021/06/10
Committee: LIBE

Proposal for a regulation
Article 1 – paragraph 1 – point 41

Regulation (EU) 2016/794
Article 68 – paragraph 3

3. The Commission shall, by [three years after entry into force of this Regulation], submit a report to the European Parliament and to the Council, assessing the operational benefits of the implementation of the competences provided for in Article 18(2)(e) and (5a)~~, Article 18a, Article 26~~ and Article 26a with regard to Europol’s objectives. The report shall cover the impact of those competences on fundamental rights and freedoms as enshrined in the Charter of Fundamental Rights..

2021/06/10
Committee: LIBE

Proposal for a decision
Article 1 – paragraph 1 – point 12 – point c

Regulation (EU) No 2016/794
Article 26 – paragraph 5 – point d

(d) the transmission or transfer of personal data is strictly necessary for Europol to inform that private party that the information received is insufficient to enable Europol to identify the national units concerned, and the following conditions are met: (i) ~~the transmission or transfer follows a receipt of personal data directly from a private party in accordance with paragraph 2 of this Article;~~deleted (ii) the missing information, which Europol may refer to in these notifications, has a clear link with the information previously shared by that private party; (iii) the missing information, which Europol may refer to in these notifications, is strictly limited to what is necessary for Europol to identify the national units concerned; (iii a) personal data shall not be transferred if the Executive Director determines that fundamental rights and freedoms of the data subject concerned override the public interest in the transfer referred to in points (d) and (e); (iii b) transfers shall not be systematic, massive or structural.

2021/06/08
Committee: LIBE