30 Amendments of Fabienne KELLER related to 2020/0349(COD)
Amendment 30 #
Proposal for a regulation
Recital 41
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. The financial contributions that Europol can receive from the Member States or the third States should appear in the Europol budget as external assigned revenue and should be included in the annual accounts and in the annual report on the budgetary and financial management of Europol.
Amendment 33 #
Proposal for a regulation
Recital 41 a (new)
Recital 41 a (new)
(41a) It is necessary to provide Europol with additional human and financial resources so that it can carry out the tasks entrusted to it under this Regulation.
Amendment 41 #
Proposal for a regulation
Article 1 – paragraph 1 – point 38
Article 1 – paragraph 1 – point 38
Regulation (EU) 2016/794
Article 57 - paragraph 4
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.; Such contributions shall be included in the annual accounts of Europol and clearly detailed in the annual report on the budgetary and financial management referred to in paragraph 2 of Article 60.
Amendment 125 #
Proposal for a regulation
Recital 2
Recital 2
(2) Europe faces a security landscape in flux, with evolving and increasingly complex security threats. Criminals and terrorists exploit the advantages that the digital transformation and new technologies bring about, including the inter-connectivity and blurring of the boundaries between the physical and digital world. The COVID-19 crisis has added to this, as criminals have quickly seized opportunities to exploit the crisis by adapting their modes of operation or developing new criminal activities including by leveraging technology- enabled tools for multiplying and expanding the range and breadth of the criminal activities they engage in. Terrorism remains a significant threat to the freedom and way of life of the Union and its citizens.
Amendment 150 #
Proposal for a regulation
Recital 11
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 for research and 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 with the conflict of interest principle. Europol should therefore have enhanced own resources to finance its research and innovation activities.
Amendment 151 #
Proposal for a regulation
Recital 11
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 and Member States in identifying key research themes, drawing up and implementing the Union framework programmes for research and 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 with the conflict of interest principle.
Amendment 155 #
Proposal for a regulation
Recital 12
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 or critical technologies that could be used to facilitate terrorism. _________________ 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).
Amendment 183 #
Proposal for a regulation
Recital 24
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 preventing and countering 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, and after consulting with the Commission, where such a group of transfers related to a specific situation are strictly necessary and meet all the requirements of this Regulation.
Amendment 186 #
Proposal for a regulation
Recital 25
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 and terrorism, Europol should be able to receive, and in specific circumstances, exchange personal data with private parties.
Amendment 190 #
Proposal for a regulation
Recital 26
Recital 26
(26) Criminals increasingly use cross- border services of private parties to communicate and carry out illegal activities. Sex offenders abuse children and share pictures and videos - child pornography content - world-wide using online platforms on the internet. Terrorists abuse 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.
Amendment 196 #
Proposal for a regulation
Recital 28
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. Private parties legally obligated to remove illegal content should also be able to send Europol and Europol should be able to receive reports and non-personal data on moderated content that can reasonably be assumed to be linked to the criminal activities within the remit of Europol.
Amendment 215 #
Proposal for a regulation
Recital 35
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. Much illegal online content, such as online child pornography, also undermines citizens' integrity and security. To ensure that Member States can effectively prevent the dissemination of such content, particularly 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 or enabling their removal, 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.
Amendment 220 #
Proposal for a regulation
Recital 37
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 and terrorist acts 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. To this end, Europol should step up its cooperation with the relevant EU agencies in these areas in order to reinforce synergies in research and innovation work. The provisions on the development of new tools by Europol should not constitute a legal basis for their deployment at Union or national level.
Amendment 225 #
Proposal for a regulation
Recital 39
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. In those instances where closer cooperation between the EDPS and Europol is required for the development of innovative law enforcement tools in full respect of data protection acquis, the EDPS should establish regulatory sandboxes for the joint development of such tools. Such regulatory sandboxes should provide a controlled environment that facilitates the development, testing and validation of innovative law enforcement tools by Europol under the guidance of the EDPS, with a view to ensuring compliance with data protection obligations.
Amendment 228 #
Proposal for a regulation
Recital 39 a (new)
Recital 39 a (new)
(39 a) Expanding the mandate of Europol and the scope of its data processing activities will require the EDPS to dedicate additional financial and human resources to exercise its supervisory role in regards Europol. EDPS resources, financial allocation, and human resources at skill levels commensurate with the complexity of data processing undertaken by Europol should be adjusted accordingly and proportionally to the increased responsibilities.
Amendment 231 #
Proposal for a regulation
Recital 40
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 detailed annual information on the usedevelopment, deployment, use, and effectiveness of these tools and capabilities and the result thereof.
Amendment 232 #
Proposal for a regulation
Recital 40
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 detailed annual information on the use of these tools and capabilities and the result thereof.
Amendment 269 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a – point iv
Article 1 – paragraph 1 – point 2 – point a – point iv
Regulation (EU) 2016/794
Article 4 – paragraph 1 – point t a (new)
Article 4 – paragraph 1 – point t a (new)
(t a) where appropriate and without prejudice to the provisions of this Regulation, cooperate with the JRC on defining and conceptualizing research and innovation activities regarding matters covered by this Regulation.
Amendment 273 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a – point iv
Article 1 – paragraph 1 – point 2 – point a – point iv
Regulation (EU) 2016/794
Article 4 – paragraph 1 – point u a (new)
Article 4 – paragraph 1 – point u a (new)
(u a) monitor and evaluate red alerts issued by third countries in Interpol and notify Member States, the EEAS, and the Commission when there is reasonable suspicion that the alert was issued in violation of Article 3 of the Interpol constitution.
Amendment 282 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point d
Article 1 – paragraph 1 – point 2 – point d
Regulation (EU) 2016/794
Article 4 – paragraph 4a
Article 4 – paragraph 4a
4a. Europol shall assist the Commission and the Member States in identifying key research themes, drawing up and implementing the Union framework programmes for research and innovation activities that are relevant to achieve the objectives set out in Article 3. When Europol actively assists the Commission in identifying key research themesthe design, drawing up and, or implementingation of a Union framework programme, the Agency shall not receive funding from that programme.
Amendment 286 #
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 or critical technologies that could be used to facilitate terrorism on the expected implications for security.
Amendment 469 #
Proposal for a regulation
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Regulation (EU) 2016/794
Article 33a – paragraph 2
Article 33a – paragraph 2
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., which shall be made available in its entirety to the JPSG;
Amendment 492 #
Proposal for a regulation
Article 1 – paragraph 1 – point 30
Article 1 – paragraph 1 – point 30
Regulation (EU) 2016/794
Article 41a – paragraph 2 a (new)
Article 41a – paragraph 2 a (new)
2 a. . Given the increased complexity and responsibility of the role of the DPO, a team of Data Protection Monitors shall be appointed to assist the DPO in the tasks outlined in Article 41b and support the Europol in complying with this Regulation and Regulation EU 2018/1725.
Amendment 506 #
Proposal for a regulation
Article 1 – paragraph 1 – point 32 – point a
Article 1 – paragraph 1 – point 32 – point a
Regulation (EU) 2016/794
Article 43 – paragraph 1, a a (new)
Article 43 – paragraph 1, a a (new)
(a) a Paragraph 1a is added: “The EDPS financial resources and human resources, at skill levels commensurate with the complexity of Europol activities, shall be adjusted in accordance with the increased volume of work so as to not impede the proper functioning of Europol.”
Amendment 511 #
Proposal for a regulation
Article 1 – paragraph 1 – point 32 a (new)
Article 1 – paragraph 1 – point 32 a (new)
Regulation (EU) 2016/794
Article 43 – paragraph 3 – point (i) (b1)
Article 43 – paragraph 3 – point (i) (b1)
(32 a) Paragraph 3 is amended as follows: (i) point (b1) is added: “Establish regulatory sandboxes that facilitate the development, testing and validation of innovative law enforcement tools by Europol under the guidance of the EDPS, with a view to ensuring compliance with data protection obligations;”
Amendment 518 #
Proposal for a regulation
Article 1 – paragraph 1 – point 37 – point a
Article 1 – paragraph 1 – point 37 – point a
Regulation (EU) 2016/794
Article 51 – paragraph 3 – point f
Article 51 – paragraph 3 – point f
(f) annual information about the number of cases in which Europol issued follow-up requests to private parties or own-initiative requests to Member States of establishment for the transmission of personal data in accordance with Article 26, includingrelevant details on the third parties involved in the data exchange and on the effectiveness of cooperation, and specific examples of cases demonstrating why these requests were necessary for Europol to fulfil its objectives and tasks;
Amendment 520 #
Proposal for a regulation
Article 1 – paragraph 1 – point 37 – point a
Article 1 – paragraph 1 – point 37 – point a
Regulation (EU) 2016/794
Article 51 – paragraph 3 – point f a (new)
Article 51 – paragraph 3 – point f a (new)
(f a) the consolidated annual activity report on Europol’s activities, referred to in point (c) of Article 11(1), with a detailed section on Europol’s activities in and results obtained in processing complex data sets;
Amendment 528 #
Proposal for a regulation
Article 1 – paragraph 1 – point 37 – point a
Article 1 – paragraph 1 – point 37 – point a
Regulation (EU) 2016/794
Article 51 – paragraph 3 – point i
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, the outcome of the projects and, if the projects resulted in law enforcement tools, whether or not these tools have been deployed in Member States, alongside information on their effectiveness.;
Amendment 532 #
Proposal for a regulation
Article 1 – paragraph 1 – point 37 – point a
Article 1 – paragraph 1 – point 37 – point a
Regulation (EU) 2016/794
Article 51 –paragraph 3 – point i a (new)
Article 51 –paragraph 3 – point i a (new)
(i a) annual information on the number of cases in which the Executive Director has authorised the transfer of categories of data to third countries according to paragraph 5 of Article 25, the countries in case, the frequency of the transfers of categories of data, the duration for which the transfers of categories of data have been authorised, and the justification for the authorization for the transfers of categories of data;
Amendment 534 #
Proposal for a regulation
Article 1 – paragraph 1 – point 37 – point a
Article 1 – paragraph 1 – point 37 – point a
Regulation (EU) 2016/794
Article 51 – paragraph 3 – point i b (new)
Article 51 – paragraph 3 – point i b (new)
(i b) annual information on the number of alerts introduced by Europol in SIS pursuant to Article 4(1)(r), the number of “hits” on these alerts, and the number of objections by Member States.