75 Amendments of Sophia IN 'T VELD related to 2013/0091(COD)
Amendment 1 #
Council position
Article 1 – paragraph 1
Article 1 – paragraph 1
1. A European Union Agency for Law Enforcement Cooperation (Europol) is hereby established with a view to supportingimproving mutual cooperation among law enforcement authorities in the Union and developing an investigation capacity at Union level.
Amendment 2 #
Council position
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Europol shall support and strengthen action by the competent authorities of the Member States and their mutual cooperation, foster law enforcement synergies at Union level and provide a cross-border investigation capacity in preventing and combating serious crime affecting two or more Member States, terrorism and forms of crime which affect a common interest covered by a Union policy, as listed in Annex I.
Amendment 4 #
Council position
Article 6
Article 6
Request by Europol for the initiation of a criminal investigation criminal investigation 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 States concerned via the national units to initiate, conduct or coordinate such a criminal investigation. 2. The nNational uUnits shall inform Europol without delay of the decision of the competent authorities of the Member States concerning any request made pursuant to paragraph 1initiation of the investigation. 3. If the competent authorities of a Member States decide not to accede tocomply with a request made by Europol pursuant to paragraph 1, they shall informprovide Europol ofwith the reasons for their decision without undue delay, preferably within one month of receipt of the request. However, the reasons may be withheld if providing them, within one month of the request, unless they can justify to Europol that the immediate provision of such reasons would: (a) be contrary to the essential interests of the security of the Member State concerned; or (b) jeopardise the success of an ongoing investigation or the safety of an individual. 4. Europol shall immediately inform Eurojust of any request made pursuant to paragraph 1 and of anythe decision of a competent authority of a Member State pursuant to paragraph 2to initiate or refuse to initiate an investigation.
Amendment 5 #
Council position
Article 7 – paragraph 7
Article 7 – paragraph 7
7. Without prejudice to the discharge by Member States of their responsibilitiesMember States shall fulfill their duty incumbent upon them with regard to the maintenance of law and order and the safeguarding of internal security, Member States shall not in any particular case be obliged toby ensuring a timely and exhaustive supply of information in accordance with point (a) of paragraph 6 that would: (a) be contrary to the essential interests of the security of the Member State concerned; (b) jeopardise the success of an ongoing investigation or the safety of an individual; or (c) disclose information relating to organisations or. Information shall be supplied without undue delay. In exceptional cases and only once duly justified to Europol by the competent authority within the Member State concerned, the immediate transmission of information in accordance with point (a) of paragraph 6 can be suspended where it would: (a) be determined by the competent authorities of the concerned Member State that such an immediate transmission pose an immediate threat to the specific intelligence activities in the field of national security. However,urity of the Member State concerned; (b) be determined by the competent authorities of Member States sthallt supply information as soon as it ceases to fall within the scope of points (a), (b) or (c) of the first subparagraph.ch an immediate transmission will jeopardise the success of an ongoing investigation or the safety of individuals involved therein;
Amendment 166 #
Proposal for a regulation
Recital 32
Recital 32
(32) Data protection rules at Europol should be strengthened and draw on the principles underpinning Regulation (EC) No 45/200132 or the instrument replacing Regulation (EC) 45/2001 to ensure a high level of protection of individuals with regard to processing of personal data. As Declaration 21 attached to the Treaty recognizes the specificity of personal data processing in the law enforcement context, the data protection rules of Europol should be autonomous and aligned with other relevant data protection instruments applicable in the area of police cooperation in the Union, in particular Convention No. 10833 and Recommendation No R(87) of the Council of Europe34 and the robust data protection regime laid down in Council Framework Decision 2008/977/JHA on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters35 [to be replaced by the relevant Directive in force at the moment of adoption].
Amendment 242 #
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. In the case of a suspicion of a malicious attack on the network and information system of two or more Member States or Union bodies, carried out by a state or non-state actor located in a third country, Europol shall initiate an investigation on its own initiative.
Amendment 276 #
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. A department within Europol, called the Europol Academy, as set up by this Regulation, shall support, develop, deliver and coordinate training for law enforcement officers in particular in the areas of the fight against serious crime affecting two or more Member States and terrorism, management of high-risk public order and sports events, strategic planning and command of non-military Union missions, as well as law enforcement leadership, data protection and language skills and in particular to:
Amendment 335 #
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
3. Europol may retrieve and process information, including personal data, from information systems, of a national, Union or international nature, including by means of computerised direct access, in so far as authorised by Union, international or national legal instruments. The applicable provisions of such Union, international or national legal instruments shall govern the access to and use of that information by Europol insofar as they provide for stricter rules on access and use than those of this Regulation. The access to such information systems shall be granted only to duly authorised staff of Europol as far as this is necessary for the performance of their tasks. Access shall only be granted on a hit/no hit basis. Any information related to the hit shall be communicated to Europol only after the explicit approval and authorisation of transfer by the relevant Member State, Union body or international organisation and be subject to the assessment referred to in Article 35 of this Regulation.
Amendment 340 #
Proposal for a regulation
Article 23 – paragraph 3 a (new)
Article 23 – paragraph 3 a (new)
3a. Where the access concerns Union information systems, the necessity and proportionality of such access shall be demonstrated. If sufficiently demonstrated, the access shall contain explicit and detailed provisions specifying at least: (i) the objectives of the processing; (ii) the personal data to be processed; (iii) the purposes and means of the processing; (iv) the appointment of the controller; (v) the procedure to be followed for the processing data.
Amendment 344 #
Proposal for a regulation
Article 24 – paragraph 1 – point a
Article 24 – paragraph 1 – point a
(a) cross-checking aimed at identifying connections between information;, limited to (i) persons who are suspected of having committed or having taken part in a criminal offence in respect of which Europol is competent, or who have been convicted for such an offence, (ii) persons regarding whom there are factual indications or reasonable grounds that they will commit criminal offences
Amendment 346 #
Proposal for a regulation
Article 24 – paragraph 1 – point c
Article 24 – paragraph 1 – point c
(c) operational analyses in specific cases, clearly defining a specific purpose for each operational analysis case where only relevant personal data shall be processed solely in a way compatible with the purpose for which it have been collected.
Amendment 348 #
Proposal for a regulation
Article 24 – paragraph 1 – subparagraph 4 a (new)
Article 24 – paragraph 1 – subparagraph 4 a (new)
Amendment 355 #
Proposal for a regulation
Article 24 – paragraph 2 a (new)
Article 24 – paragraph 2 a (new)
2a. The European Data Protection Supervisor will draft guidelines specifying the purposes listed in paragraphs 1 (a), (b) and (c).
Amendment 358 #
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. A Member State, a Union body, a third country or an international organisation providing information to Europol determines the purpose for which it shall be processed as referred to in Article 24. If it has not done so, Europol shall determine relevance of such information as well as the purpose for which it shall be processed. Europol may process information for a different purpose than the one for which information has been provided only if authorised by the data provider.
Amendment 367 #
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Member States shall have access to and be able to search all information which has been provided for the purposes of Article 24(1)(a) and (b), without prejudice to the right for Member States, Union bodies and third countries and international organisations to indicate restrictions on access and use of such data. Member States shall designate these competent authorities allowed to perform such a search and they may access and search information on a need-to-know basis and to the extent necessary for the legitimate performance of their tasks.
Amendment 372 #
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. Member States shall have indirect access on the basis of a hit/no hit system to information provided for the purposes of Article 24(1)(c), without prejudice to any restrictions indicated by the Member States, Union bodies and third countries or international organisations providing the information, in accordance with Article 25(2). In the case of a hit, Europol shall initiate the procedure by which the information that generated the hit may be shared, in accordance with the decision of the Member State that provided the information to Europol. , Union body, third country or international organisation that provided the information to Europol. In such a case, the competent authorities of the Member State shall specify which data they need and Europol may share the data with the competent authorities only to the extent that the data generating the hit are necessary for the legitimate performance of their tasks. Europol shall log which information has been accessed.
Amendment 376 #
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Europol shall take all appropriate measures to enable Eurojust and the European Anti-Fraud Office (OLAF) within their respective mandates, to have access to and be able to search all information that has been provided for the purposes of Article 24(1)(a) and (b), without prejudice to the right for Member States, Union bodies and third countries and international organisations to indicate restrictions to the access and use of such data. Europol shall be informed where a search by Eurojust or OLAF reveals the existence of a match with information processed by Europol. Eurojust and OLAF may access and search information on a need-to-know basis and to the extent necessary for the legitimate performance of their tasks.
Amendment 378 #
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Europol shall take all appropriate measures to enable Eurojust and OLAF, within their respective mandates, to have indirect access on the basis of a hit/no hit system to information provided for the purposes under Article 24(1)(c), without prejudice to any restrictions indicated by the providing Member States, Union bodies and third countries or international organisations, in accordance with Article 25(2). In case of a hit, Europol shall initiate the procedure by which the information that generated the hit may be shared, in accordance with the decision of the Member State, Union body, third country or international organisation that provided the information to Europol. In case of a hit, Eurojust and OLAF shall specify which data they need and Europol may share the data only to the extent that the data generating the hit are necessary for the legitimate performance of their tasks. Europol shall log which information has been accessed.
Amendment 387 #
Proposal for a regulation
Article 29 – paragraph 4 – introductory part
Article 29 – paragraph 4 – introductory part
4. Without prejudice to Article 36(4), personal data shall only be transferred by Europol to Union bodies, third countries and international organisations, if this is necessary for preventing and combating crime that falls under Europol's objectives and in accordance with this Chapter. If the data to be transferred have been provided by a Member State, Europol shall seek that Member State's consent prior to the transfer, unless:
Amendment 393 #
Proposal for a regulation
Article 29 – paragraph 4 – point a
Article 29 – paragraph 4 – point a
Amendment 397 #
Proposal for a regulation
Article 29 – paragraph 5
Article 29 – paragraph 5
5. Onward transfers of personal data by Member States, Union bodies, third countries and international organizations shall be prohibited unless Europol has given its explicit consent and the recipient gives an undertaking that the data will be used only for the purpose for which they were transmitted.
Amendment 399 #
Proposal for a regulation
Article 29 – paragraph 5 a (new)
Article 29 – paragraph 5 a (new)
5a. Europol shall keep a register of all processing operations it carries out, containing sufficient information (purpose(s) of the processing, description of the categories of data subjects and of the data, recipients, time limits for blocking and erasure, transfers to third countries or international organisations, security measures);
Amendment 404 #
Proposal for a regulation
Article 29 a (new)
Article 29 a (new)
Article 29a Respect of fundamental rights Any information which has been obtained by a third country, international organization or private party in violation of fundamental rights, as enshrined in the EU Charter of Fundamental Rights, shall not be processed.
Amendment 406 #
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
Subject to any possible restrictions stipulated pursuant to Article 25(2) or (3) Europol may directly transfer personal data to Union bodies in so far as it is necessary for the performance of its tasks or those of the recipient Union body. Europol shall make public the list of EU institutions and bodies with whom it shares information, by posting such a list on its website.
Amendment 409 #
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 1 – point b
Article 31 – paragraph 1 – subparagraph 1 – point b
(b) an international agreement concluded between the Union and that third country or international organisation pursuant to Article 218 of the Treaty adducing adequate safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals. The European Data Protection Supervisor shall be consulted during the negotiation of such an agreement and in particular before adoption of the negotiating mandate as well as before the finalisation of the agreement; or
Amendment 410 #
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 1 – point c
Article 31 – paragraph 1 – subparagraph 1 – point c
(c) a cooperation agreement concluded between Europol and that third country or international organisation in accordance with Article 23 of Decision 2009/371/JHA prior to the date of application of this Regulation. These agreements shall be reviewed within two years after the entry into force of this Regulation.
Amendment 414 #
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 3
Article 31 – paragraph 1 – subparagraph 3
Europol may conclude working arrangements to implement such agreements or adequacy decisions. Europol shall make publicly available the list of its international and cooperation agreements with third countries and international organisations, by posting this list on its website.
Amendment 465 #
Proposal for a regulation
Article 35 – paragraph 1 – introductory part
Article 35 – paragraph 1 – introductory part
1. The source of information originating from a Member State shall be assessed as far as possible by the providing Member State using the following source evaluation codes:
Amendment 469 #
Proposal for a regulation
Article 35 – paragraph 2 – introductory part
Article 35 – paragraph 2 – introductory part
2. Information originating from a Member State shall be assessed as far as possible by the Member State providing information on the basis of its reliability using the following information evaluation codes:
Amendment 473 #
Proposal for a regulation
Article 35 – paragraph 6
Article 35 – paragraph 6
6. Information from publicly-available sources shall be assessed by Europol using the evaluation codes set out in paragraphs 1(X) and 2(4).
Amendment 476 #
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
1. Processing of personal data on victims of a criminal offence, witnesses or other persons who can provide information on criminal offences, or on persons under the age of 18 shall be prohibited unless it is strictly necessary and duly justified for preventing or combating crime that falls under Europol's objectives.
Amendment 479 #
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
2. Processing of personal data, by automated or other means, revealing racial or ethnic origin, political opinions, religion or beliefs, trade-union membership and of data concerning health or sex life shall be prohibited, unless it is strictly necessary and duly justified for preventing or combating crime that falls under Europol's objectives and if those data supplement other personal data already processed by Europol.
Amendment 485 #
Proposal for a regulation
Article 36 – paragraph 5
Article 36 – paragraph 5
5. Personal data referred to in paragraphs 1 and 2 shall not be transmitted to Member States, Union bodies, third countries or international organisations unless strictly necessary and duly justified in individual cases concerning crime that falls under Europol's objectives and in accordance with Chapter VI of this Regulation.
Amendment 490 #
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. Personal data processed by Europol shall be stored by Europol only as long as necessary for the achievement of its objectivespurpose for which data are processed.
Amendment 510 #
Proposal for a regulation
Article 39 – paragraph 1 – point c a (new)
Article 39 – paragraph 1 – point c a (new)
(ca) the period for which the data will be stored;
Amendment 513 #
Proposal for a regulation
Article 39 – paragraph 1 – point c b (new)
Article 39 – paragraph 1 – point c b (new)
(cb) the existence of the right to request from Europol rectification, erasure or restriction of processing of personal data concerning the data subject;
Amendment 514 #
Proposal for a regulation
Article 39 – paragraph 1 – point c c (new)
Article 39 – paragraph 1 – point c c (new)
(cc) a copy of the data undergoing processing;
Amendment 515 #
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. Any data subject wishing to exercise the right of access to personal data may make a request to that effect without excessive costs to the authority appointed for this purpose in the Member State of his/her choice. That authority shall refer the request to Europol without delay and in any case within one month of receipt.
Amendment 523 #
Proposal for a regulation
Article 39 – paragraph 6 a (new)
Article 39 – paragraph 6 a (new)
6a. Europol shall adopt a transparent and easily accessible policy explaining its processing of personal data and the means available for the exercise of the data subject's rights, using clear and plain language and ensure that it is easily available on its website and that of the national supervisory authorities.
Amendment 530 #
Proposal for a regulation
Article 41 – paragraph 2
Article 41 – paragraph 2
2. The responsibility for the quality of personal data as referred to in Article 34(d) shall lie with the Member State which provided the personal data to Europol, with Union bodies until and including the moment of the transfer and with Europol for personal data provided by Union bodies, third countries or international organisations, as well for personal data retrieved by Europol from publicly- available sources.
Amendment 548 #
Proposal for a regulation
Article 44 – paragraph 7 – point a
Article 44 – paragraph 7 – point a
(a) ensuring, in an independent manner, lawfulness and compliance withthe internal application of the provisions of this Regulation concerning the processing of personal data;
Amendment 549 #
Proposal for a regulation
Article 44 – paragraph 7 – point b a (new)
Article 44 – paragraph 7 – point b a (new)
(ba) keeping a register of all processing operations carried out by Europol, containing sufficient information (purpose(s) of the processing, description of the categories of data subjects and of the data, recipients, time limits for blocking and erasure, transfers to third countries or international organisations, security measures);
Amendment 550 #
Proposal for a regulation
Article 44 – paragraph 7 – point e
Article 44 – paragraph 7 – point e
(e) cooperating with the European Data Protection Supervisor, especially with regards to the processing operations referred to in Article 42;
Amendment 554 #
Proposal for a regulation
Article 44 – paragraph 7 – point f a (new)
Article 44 – paragraph 7 – point f a (new)
(fa) keeping a register of the main security issues and incidents affecting both operational and administrative personal data;
Amendment 559 #
Proposal for a regulation
Article 44 – paragraph 8
Article 44 – paragraph 8
8. Moreover, the Data Protection Officer shall carry out the functions foreseen by Regulation (EC) No 45/2001 with regard to personal data of Europol staff members as well as administrative personal data.
Amendment 560 #
Proposal for a regulation
Article 44 – paragraph 9
Article 44 – paragraph 9
9. In the performance of his/her tasks, the Data Protection Officer shall have access to all the data processed by Europol and to all Europol premises. Such access shall be possible at any time and without prior request.
Amendment 563 #
Proposal for a regulation
Article 44 – paragraph 11
Article 44 – paragraph 11
11. The Management Board shall adopt implementing rules concerning the Data Protection Officer. Those implementing rules shall in particular concern the selection procedure for the position of the Data Protection Officer and his/her dismissal, tasks, duties and powers and safeguards for independence of the Data Protection Officer. Europol shall provide the Data Protection Officer with the staff and resources necessary for him/her to carry out his/her duties. These staff members shall have access to the personal data processed at Europol and to Europol premises only to the extent necessary for the performance of their tasks. Such access shall be possible at any time and without prior request.
Amendment 568 #
Proposal for a regulation
Article 46 – title
Article 46 – title
Supervision by the European Data Protection Supervisoron operational data
Amendment 570 #
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
1. The European Data Protection Supervisor shall be responsible for monitoring and ensuring the application of the provisions of this Regulation relating to the protection of fundamental rights and freedoms of natural persons with regard to processing personal data by Europol, and for advising Europol and data subjsupervision of Europol operational personal data processing, without prejudice to the competences provided by Article 48, shall be performed by a Joint Supervisory Authority, composed by the European Data Protects ion all matters concerning the processing of personal data. To this end, he/ she shall fulfil the duties set out in paragraph 2 and shall exercise the powers granted in paragraph 3.Supervisor and one representative from each national supervisory authority pursuant to Article 45
Amendment 571 #
Proposal for a regulation
Article 46 – paragraph 1 a (new)
Article 46 – paragraph 1 a (new)
1a. The Joint Supervisory Authority shall be responsible for monitoring and ensuring the application of the provisions of this Regulation relating to the protection of fundamental rights and freedoms of natural persons with regard to processing of personal data by Europol, and for advising Europol and data subjects on all matters concerning the processing of personal data. To this end, it shall fulfil the duties set out in paragraph 2 and shall exercise the powers granted in paragraph 3 and 4.
Amendment 573 #
Proposal for a regulation
Article 46 – paragraph 2 – introductory part
Article 46 – paragraph 2 – introductory part
2. The European Data Protection SupervisorJoint Supervisory Authority shall have the following duties under this Regulation:
Amendment 574 #
Proposal for a regulation
Article 46 – paragraph 2 – point a
Article 46 – paragraph 2 – point a
(a) hear and investigate complaints, and inform the data subject of the outcome within a reasonable periodassist the European Data Protection Supervisor in the investigation of complaints;
Amendment 577 #
Proposal for a regulation
Article 46 – paragraph 2 – point b
Article 46 – paragraph 2 – point b
(b) conduct inquiries either on his/herits own initiative or on the basis of a complaint, and inform the data subjects of the outcome within a reasonable period;
Amendment 579 #
Proposal for a regulation
Article 46 – paragraph 2 – point d
Article 46 – paragraph 2 – point d
(d) advise Europol, either on his/herits own initiative or in response to a consultation, on all matters concerning the processing of personal data, in particular before they draw up internal rules relating to the protection of fundamental rights and freedoms with regard to the processing of personal data;
Amendment 581 #
Proposal for a regulation
Article 46 – paragraph 2 – point f
Article 46 – paragraph 2 – point f
(f) keep a register of processing operations notified to him/herit by virtue of Article 42(1) and registered in accordance with 42(4),
Amendment 582 #
Proposal for a regulation
Article 46 – paragraph 2 – point g
Article 46 – paragraph 2 – point g
(g) carry out a prior check of processing notified to him/herit.
Amendment 584 #
Proposal for a regulation
Article 46 – paragraph 3 – introductory part
Article 46 – paragraph 3 – introductory part
3. The European Data Protection SupervisorJoint Supervisory Authority may under this Regulation:
Amendment 587 #
Proposal for a regulation
Article 46 – paragraph 3 – point h
Article 46 – paragraph 3 – point h
Amendment 588 #
Proposal for a regulation
Article 46 – paragraph 3 – point i
Article 46 – paragraph 3 – point i
Amendment 590 #
Proposal for a regulation
Article 46 – paragraph 4 – introductory part
Article 46 – paragraph 4 – introductory part
4. The European Data Protection SupervisorJoint Supervisory Authority shall have the power:
Amendment 592 #
Proposal for a regulation
Article 46 – paragraph 4 – point a
Article 46 – paragraph 4 – point a
(a) to obtain from Europol access to all personal data and to all information necessary for his/herits enquiries;
Amendment 593 #
Proposal for a regulation
Article 46 – paragraph 4 a (new)
Article 46 – paragraph 4 a (new)
4a. Where appropriate, the European Data Protection Supervisor either on his/her own initiative or on request of the Joint Supervisory Authority may under this Regulation refer the matter to the Court of Justice of the European Union under the conditions provided for in the Treaty. The European Data Protection Supervisor may also intervene in actions brought before the Court of Justice of the European Union.
Amendment 594 #
Proposal for a regulation
Article 46 – paragraph 4 b (new)
Article 46 – paragraph 4 b (new)
4b. The Joint Supervisory Authority may also examine difficulties of interpretation in the application of this Regulation, study problems relating to the exercise of independent supervision or the exercise of the rights of the data subjects, draw up harmonised proposals for joint solutions for any problems and promote awareness of data protection rights.
Amendment 598 #
Proposal for a regulation
Article 46 – paragraph 5
Article 46 – paragraph 5
5. The European Data Protection SupervisorJoint Supervisory Authority shall draw up an annual report on the supervisory activities on Europol. This report shall be part of the annual report of the European Data Protection Supervisor referred to in Article 48 of Regulation (EC) No 45/2001 to be presented to the European Parliament, to the Council, to the European Commission and to national parliaments..
Amendment 599 #
Proposal for a regulation
Article 46 – paragraph 6
Article 46 – paragraph 6
6. Members of the Joint Supervisory Authority and Members and staff of the European Data Protection Supervisor shall be bound by the obligation of confidentiality in accordance with Article 69.
Amendment 602 #
Proposal for a regulation
Article 47 – title
Article 47 – title
Amendment 604 #
Proposal for a regulation
Article 47 – paragraph 1
Article 47 – paragraph 1
1. The European Data Protection Supervisor shall act in close cooperation with national sJoint Supervisory aAuthorities on specific issues requiring national involvement, in particular if the European Data Protection Supervisor or a national supervisory authority finds major discrepancies between the practices of Member States or potentially unlawful transfer in the use of Europol's channels for exchange of information, or in the context of questions raised by one or more national supervisory authorities on the implementation and interpretation of this Regulationy shall meet where needed. Rules of procedure shall be adopted at the first meeting. Further working methods shall be developed as necessary.
Amendment 606 #
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
2. In tThe caseosts referrlated to in paragraph 1, the European Data Protection Supervisor and the national sall the supervising activities of the Joint Supervisory aAuthoritiesy shall, each acting within the scope of their respective competences, exchange relevant information, assist each other in carrying out audits and inspections, examine difficulties of interpretation or application of this Regulation, study problems relating to the exercise of independent supervision or the exercise of the rights of data subjects, draw up harmonised proposals for joint solutions to any problems and promote awareness of data protection rights, as necessary be borne by the European Data Protection Supervisor, who shall also provide for the Secretariat services.
Amendment 608 #
Proposal for a regulation
Article 47 – paragraph 3
Article 47 – paragraph 3
Amendment 609 #
Proposal for a regulation
Article 47 – paragraph 3
Article 47 – paragraph 3
3. The national supervisory authorities and the European Data Protection Supervisor shall meet, where needed. The costs and servicing of such meetings shall be borne by the European Data Protection Supervisor and where necessary co- financed by Member States. Rules of procedure shall be adopted at the first meeting. Further working methods shall be developed jointly as necessary.
Amendment 610 #
Proposal for a regulation
Article 48 – title
Article 48 – title
Administrative personal data and Staff data
Amendment 612 #
Proposal for a regulation
Article 48 – title
Article 48 – title
Supervision on Administrative personal data and Staff data
Amendment 613 #
Proposal for a regulation
Article 48 – paragraph 1
Article 48 – paragraph 1
Regulation (EC) No 45/2001 shall apply to all personal data of Europol staff members as well as administrative personal data held by Europol.
Amendment 614 #
Proposal for a regulation
Article 48 – paragraph 1
Article 48 – paragraph 1
The European Data Protection Supervisor shall have exclusive competence on this area. Regulation (EC) No 45/2001 shall apply to all personal data of Europol staff members as well as administrative personal data held by Europol.
Amendment 617 #
Proposal for a regulation
Article 49 – paragraph 2
Article 49 – paragraph 2
2. Where a complaint relates to a decision as referred to in Article 39 or 40, the European Data Protection Supervisor shall consult the national supervisory bodies or the competent judicial body in the Member State(s) that was the source of the data or the Member State(s) directly concerned. The decision of the European Data Protection Supervisor, which may extend to a refusal to communicate any information, shall be taken in close cooperation with the national supervisory body or competent judicial body.