[ParlTrack]

Nathalie GRIESBECK, Louis MICHEL, Gérard DEPREZ, Petr JEŽEK

Proposal for a regulation
Recital 5

(5) Whilst the European Public Prosecutor’s Office should have exclusive competence to investigate and prosecute crimes affecting the Union’s financial interests, Eurojust should be able to exercise its competence in cases involving one or more Member States that do not participate in the European Public Prosecutor’s Office and in cases involving Member States that participate in the European Public Prosecutor’s Office but for which the European Public Prosecutor’s Office does not exercise its competence. To this end, Eurojust should, in particular, be able to support national authorities when they are investigating and prosecuting these forms of crime ~~in accordanc~~. Within the context of those cases, Eurojust should exercise wit~~h the Regulation establishing~~s competence at the request of the Member States concerned, the European Public Prosecutor’s Office or on its own initiative but always in conjunction with the European Public Prosecutor’s Office.

2017/09/05
Committee: LIBE

Nathalie GRIESBECK, Louis MICHEL, Gérard DEPREZ, Petr JEŽEK

Proposal for a regulation
Recital 18

(18) Eurojust national coordination systems should be set up in the Member States to coordinate the work carried out by the national correspondents for Eurojust, the national correspondent for Eurojust for terrorism matters, the national correspondent for Eurojust for issues relating to the competence of the European Public Prosecutor’s Office designated by the Member States that do not participate in the European Public Prosecutor’s Office, the national correspondent for the European Judicial Network and up to three other contact points, as well as representatives in the Network for Joint Investigation Teams and of the networks set up by Council Decision 2002/494/JHA of 13 June 2002 setting up a European network of contact points in respect of persons responsible for genocide, crimes against humanity and war crimes10, Council Decision 2007/845/JHA of 6 December 2007 concerning cooperation between Asset Recovery Offices of the Member States in the field of tracing and identification of proceeds from, or other property related to crime11 and by Council Decision 2008/852/JHA of 24 October 2008 on a contact-point network against corruption12. _________________ 10 OJ L 167, 26.6.2002, p. 1 11 OJ L 332, 18.12.2007, p. 103. 12 OJ L 301, 12.11.2008, p. 38.

2017/09/05
Committee: LIBE

Nathalie GRIESBECK, Louis MICHEL, Gérard DEPREZ, Petr JEŽEK

Proposal for a regulation
Recital 19

(19) For the purposes of stimulating and strengthening coordination and cooperation between national investigating and prosecuting authorities it is crucial that Eurojust receives relevant information from national authorities necessary for the performance of its tasks. To this end, national competent authorities should inform their national members of the setting up and results of joint investigation teams, of cases under the competence of Eurojust directly involving at least t~~hree~~wo Member States and for which requests or decisions on judicial cooperation have been transmitted to at least two Member States, as well as, under certain circumstances, information on conflicts of jurisdiction, controlled deliveries and repeated difficulties in judicial cooperation.

2017/09/05
Committee: LIBE

Nathalie GRIESBECK, Louis MICHEL, Gérard DEPREZ, Petr JEŽEK

Proposal for a regulation
Recital 28

(28) PEurojust should enhance its cooperation with competent authorities in third countries and international organisations on the basis of a strategy drawn up in conjunction with the Commission. For that purpose, provision should be made for Eurojust to post liaison magistrates to third countries in order to achieve objectives similar to those assigned to liaison magistrates seconded by the Member States on the basis of Council Joint Action 96/277/JHA of 22 April 1996 concerning a framework for the exchange of liaison magistrates to improve judicial cooperation between the Member States of the European Union14. _________________ 14 OJ L 105, 27.4.1996, p. 1

2017/09/05
Committee: LIBE

Nathalie GRIESBECK, Louis MICHEL, Gérard DEPREZ, Petr JEŽEK

Proposal for a regulation
Article 1 – paragraph 1

~~1. The European Union Agency for Criminal Justice Cooperation (Eurojust) is hereby established.~~(Does not affect English version.)

2017/09/05
Committee: LIBE

Nathalie GRIESBECK, Louis MICHEL, Gérard DEPREZ, Petr JEŽEK

Proposal for a regulation
Article 2 – paragraph 1

1. Eurojust shall support and strengthen coordination and cooperation between national investigating and prosecuting authorities in relation to serious crime affecting two or more Member States, or requiring a prosecution on common bases, on the basis of operations conducted and information supplied by the Member States' authorities ~~and by Europol~~, the EPPO, Europol and OLAF.

2017/09/05
Committee: LIBE

Nathalie GRIESBECK, Louis MICHEL, Gérard DEPREZ, Petr JEŽEK

Proposal for a regulation
Article 3 – paragraph 1

1. a) Eurojust’s competence shall cover the forms of crime listed in Annex 1. However, its competence shall not include the crimes for which the European Public Prosecutor’s Office is competent. b) For forms of crime over which the European Public Prosecutor’s Office exercises its competence, Eurojust shall only exercise its competence: - in cases involving one or more Member States that do not participate in the European Public Prosecutor’s Office and, - in cases involving Member States that participate in the European Public Prosecutor’s Office but for which the European Public Prosecutor’s Office does not exercise its competence.

2017/09/05
Committee: LIBE

Nathalie GRIESBECK, Louis MICHEL, Gérard DEPREZ, Petr JEŽEK

Proposal for a regulation
Article 3 – paragraph 1 a (new)

(1a) For cases of the kind referred to in paragraph 1 (b), Eurojust shall exercise its competence at the request of the European Public Prosecutor’s Office, one or more Member States concerned or on its own initiative but always in conjunction with the European Public Prosecutor’s Office.

2017/09/05
Committee: LIBE

Nathalie GRIESBECK, Louis MICHEL, Gérard DEPREZ, Petr JEŽEK

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

da) cooperate closely with the European Public Prosecutor’s Office on matters relating to its competence

2017/09/05
Committee: LIBE

Nathalie GRIESBECK, Louis MICHEL, Gérard DEPREZ, Petr JEŽEK

Proposal for a regulation
Article 4 – paragraph 2 a (new)

2 a. In the exercise of its tasks, and in specific cases relating to crimes falling within the scope of its objectives, Eurojust, either the College or the national member acting on behalf of Eurojust, can initiate an investigation. This could involve the issuing of instructions to national prosecution services, with full respect of the applicable national rules. The national members shall inform the Member States concerned without delay of the initiation of the investigation. Eurojust shall coordinate any investigations which it has initiated.

2017/09/05
Committee: LIBE

Nathalie GRIESBECK, Louis MICHEL, Gérard DEPREZ, Petr JEŽEK

Proposal for a regulation
Article 4 – paragraph 2 a (new)

(2a) Eurojust can set a deadline for the implementation of all requests referred to in paragraph 2.

2017/09/05
Committee: LIBE

Nathalie GRIESBECK, Louis MICHEL, Gérard DEPREZ, Petr JEŽEK

4. Where two or more Member States cannot agree on which of them should undertake an investigation or prosecution following a request made under point (b) of paragraph 2, Eurojust shall issue a written opinion on the case. The opinion shall be ~~promptly forwarded to the Member States concerned~~forwarded immediately to the Member States concerned. If the Member States concerned do not reach an agreement within one month of this opinion being forwarded, the College may decide to make its opinion binding.

2017/09/05
Committee: LIBE

Nathalie GRIESBECK, Louis MICHEL, Gérard DEPREZ, Petr JEŽEK

Proposal for a regulation
Article 4 – paragraph 5

5. On request of a competent authority Eurojust shall issue a written opinion on recurrent refusals or difficulties concerning the execution of requests for, and decisions on, judicial cooperation, including those based on instruments giving effect to the principle of mutual recognition, provided it could not be resolved through mutual agreement between the competent national authorities or through the involvement of the national members concerned. The opinion shall be ~~prompt~~immediately forwarded to the Member States concerned.

2017/09/05
Committee: LIBE

Nathalie GRIESBECK, Louis MICHEL, Gérard DEPREZ, Petr JEŽEK

Proposal for a regulation
Article 7 – paragraph 3

3. The national members and deputies shall have a status as a prosecutor~~, judge or police officers of equivalent competenc~~ or judge. The competent national authorities shall grant them the powers referred to in this Regulation in order to be able to fulfil their tasks.

2017/09/05
Committee: LIBE

Nathalie GRIESBECK, Louis MICHEL, Gérard DEPREZ, Petr JEŽEK

Proposal for a regulation
Article 7 – paragraph 3 a (new)

3 a. Member States must designate national members and deputies on the grounds of proven high level of and longstanding practical experience in the field of criminal justice.

2017/09/05
Committee: LIBE

Nathalie GRIESBECK, Louis MICHEL, Gérard DEPREZ, Petr JEŽEK

Proposal for a regulation
Article 8 – paragraph 1 – point b a (new)

b a) contact directly and exchange information with any Union agency or competent body, including the European Public Prosecutor's Office

2017/09/05
Committee: LIBE

Nathalie GRIESBECK, Louis MICHEL, Gérard DEPREZ, Petr JEŽEK

Proposal for a regulation
Article 8 – paragraph 3

3. In urgent cases when timely agreement cannot be reached, the national members shall be competent to take the measures referred to in paragraph 2, informing ~~as soon as possible~~immediately the national competent authority.

2017/09/05
Committee: LIBE

Nathalie GRIESBECK, Louis MICHEL, Gérard DEPREZ, Petr JEŽEK

Proposal for a regulation
Article 9 – paragraph 1 – point a

a) criminal records;, including the European Criminal Records Information System (ECRIS)

2017/09/05
Committee: LIBE

Nathalie GRIESBECK, Louis MICHEL, Gérard DEPREZ, Petr JEŽEK

Proposal for a regulation
Article 10 – paragraph 1 – point b

b) all the national members and two representatives of the Commission when the College exercises its management functions under Article 14, except Article 14.k.

2017/09/05
Committee: LIBE

Nathalie GRIESBECK, Louis MICHEL, Gérard DEPREZ, Petr JEŽEK

Proposal for a regulation
Article 10 – paragraph 1 – point b a (new)

(ba) all the national members and the head of the European Public Prosecutor’s Office for matters relating to the areas of competence of the European Public Prosecutor’s Office.

2017/09/05
Committee: LIBE

Nathalie GRIESBECK, Louis MICHEL, Gérard DEPREZ, Petr JEŽEK

Proposal for a regulation
Article 10 – paragraph 2

2. The term of office of the members and their deputies shall be ~~at least~~of four years, renewable once. ~~Upon expiry of their term of office or i~~In the event of their resignation, members shall remain in office until the~~ir term is renewed or until they are replaced~~y are replaced. Members States shall ensure the prompt designation of their national members and deputies.

2017/09/05
Committee: LIBE

Nathalie GRIESBECK, Louis MICHEL, Gérard DEPREZ, Petr JEŽEK

2. The College shall hold at least one operational meeting per month. To exercise its management functions, the College shall hold at least two ordinary meetings a year. In addition, it shall meet on the initiative of the President, at the request of the Commission, or at the request of at least one third of its members. It shall also meet in its composition referred in Article 10.1.b.bis (new) at least twice a year. In addition, it shall meet on the initiative of the President or at the request of the EPPO.

2017/09/05
Committee: LIBE

Nathalie GRIESBECK, Louis MICHEL, Gérard DEPREZ, Petr JEŽEK

Proposal for a regulation
Article 14 – paragraph 1 – point a a (new)

(aa) adopt every four years Eurojust’s multi-annual programming document by a majority of two thirds of its members and in accordance with Article 15;

2017/09/05
Committee: LIBE

Nathalie GRIESBECK, Louis MICHEL, Angelika MLINAR, Gérard DEPREZ, Petr JEŽEK

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

i) appoint an Accounting Officer ~~and a Data Protection Officer~~ who shall be functionally independent in the performance of their duties;

2017/09/05
Committee: LIBE

Nathalie GRIESBECK, Louis MICHEL, Gérard DEPREZ, Petr JEŽEK

1. By [30 November each year] the College shall adopt a programming document containing ~~multi-annual and~~ annual programming, based on a draft put forward by the Administrative Director, taking into account the opinion of the Commission. It shall forward it to the European Parliament, the Council ~~and the Commission~~, the Commission, and the European Public Prosecutor’s Office for matters relating to its competence. The programming document shall become definitive after final adoption of the general budget and if necessary shall be adjusted accordingly.

2017/09/05
Committee: LIBE

Nathalie GRIESBECK, Louis MICHEL, Gérard DEPREZ, Petr JEŽEK

Proposal for a regulation
Article 15 – paragraph 3 a (new)

(3a) Every four years the College shall adopt a programming document containing multi-annual programming on the basis of a draft put forward by the Administrative Director, taking into account the opinion of the Commission. It shall forward it to the European Parliament, the Council, the Commission and the European Public Prosecutor’s Office for matters relating to its competence.

2017/09/05
Committee: LIBE

Nathalie GRIESBECK, Louis MICHEL, Gérard DEPREZ, Petr JEŽEK

Proposal for a regulation
Article 15 – paragraph 4

4. The multi-annual work programme shall set out overall strategic programming including objectives, the strategy for cooperation with the third countries and international organisations referred to in Article 43, expected results and performance indicators. It shall also set out resource programming including multi- annual budget and staff. The resource programming shall be updated annually. The strategic programming shall be updated where appropriate, and in particular to address the outcome of the evaluation referred to in Article 56.

2017/09/05
Committee: LIBE

Nathalie GRIESBECK, Louis MICHEL, Gérard DEPREZ, Petr JEŽEK

Proposal for a regulation
Article 16 – paragraph 4

4. The Executive Board shall be composed of the President and Vice- Presidents of the College, one representative of the Commission ~~and one other member of the College~~. The President of the College shall be the Chairperson of the Executive Board. The Executive Board shall take its decisions by a majority of its members, each member having one vote. The Administrative Director shall take part in the meetings of the Executive Board, but shall not have the right to vote.

2017/09/05
Committee: LIBE

Nathalie GRIESBECK, Louis MICHEL, Gérard DEPREZ, Petr JEŽEK

2. The Administrative Director shall be appointed by the College from a list of candidates having the required competences and experience to exercise such a position, proposed by the Commission, following an open and transparent selection procedure. For the purpose of concluding the contract of the Administrative Director, Eurojust shall be represented by the President of the College.

2017/09/05
Committee: LIBE

Nathalie GRIESBECK, Louis MICHEL, Gérard DEPREZ, Petr JEŽEK

Proposal for a regulation
Article 20 – paragraph 1

1. Each Member State shall designate one or more national correspondents for Eurojust. Each Member State shall also designate one national correspondent for Eurojust for terrorism matters. Each Member State that does not participate in the enhanced cooperation on the creation of the European Public Prosecutor’s Office shall also designate a national correspondent for Eurojust for issues relating to the competence of the European Public Prosecutor’s Office.

2017/09/05
Committee: LIBE

Nathalie GRIESBECK, Louis MICHEL, Gérard DEPREZ, Petr JEŽEK

Proposal for a regulation
Article 20 – paragraph 1 a (new)

(1a) All the national correspondents appointed by the Member States under paragraph 1 must have the skills and experience needed to carry out their duties.

2017/09/05
Committee: LIBE

Nathalie GRIESBECK, Louis MICHEL, Gérard DEPREZ, Petr JEŽEK

Proposal for a regulation
Article 20 – paragraph 2 – point b a (new)

(ba) the national correspondent for Eurojust for issues relating to the competence of the European Public Prosecutor’s Office, for Members States that do not participate in the enhanced cooperation on the creation of the European Public Prosecutor’s Office.

2017/09/05
Committee: LIBE

Nathalie GRIESBECK, Louis MICHEL, Gérard DEPREZ, Petr JEŽEK

Proposal for a regulation
Article 20 – paragraph 3

3. The persons referred to in paragraphs 1 and 2 shall maintain their position and status under national law, provided that maintaining their position and status does not impede them from performing their duties under this Regulation.

2017/09/05
Committee: LIBE

Nathalie GRIESBECK, Louis MICHEL, Gérard DEPREZ, Petr JEŽEK

Proposal for a regulation
Article 20 – paragraph 5 – point c a (new)

(ca) by ensuring that the competent national authorities respond to the Eurojust requests referred to in Article 4.2 and follow up on the Eurojust opinions referred to in Article 4.4 by the deadline set by Eurojust.

2017/09/05
Committee: LIBE

Nathalie GRIESBECK, Louis MICHEL, Gérard DEPREZ, Petr JEŽEK

Proposal for a regulation
Article 21 – paragraph 5

5. The national competent authorities shall inform their national members without undue delay of any case concerning crimes under the competence of Eurojust affecting at least t~~hree~~wo Member States and for which requests for or decisions on judicial cooperation, including those based on instruments giving effect to the principle of mutual recognition, have been transmitted to at least two Member States.

2017/09/05
Committee: LIBE

Nathalie GRIESBECK, Louis MICHEL, Gérard DEPREZ, Petr JEŽEK

Proposal for a regulation
Article 23 – paragraph 1

The competent national authorities shall respond with~~out undue delay~~in the deadline set by Eurojust, to Eurojust's requests and opinions made under Article 4. ~~Where t~~The competent authorities of ~~the~~ Member States concerned ~~decide not to~~must comply with athe request made by Eurojust referred to in Article 4(2) ~~or decide not to~~and in Article 4(2)new or follow a written opinion referred to in Article 4(4) or (5), they shall inform Eurojust without undue delay of their decision and of the reasons for it. Where it is not possible to give the reasons for refusing to comply with a request because to do so would harm essential national security interests or would jeopardiseexcept if they can justify to Eurojust, in a reasoned opinion, that the immediate compliance 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~~s, the competent authorities of the Member States may cite operational reasons~~. Any delay to comply with the requests and opinions made by Eurojust under Article 4 must be duly justified.

2017/09/05
Committee: LIBE

Nathalie GRIESBECK, Louis MICHEL, Angelika MLINAR, Gérard DEPREZ, Petr JEŽEK

Proposal for a regulation
Article -27 (new)

Article -27 Processing of personal data by Eurojust Regulation (EC) No 45/2001 and its subsequent changes shall apply to the processing of personal data by Eurojust in the context of its activities. The following provisions particularise and complement Regulation (EC) No 45/2001 and its subsequent changes in as far as personal data processed by Eurojust for its operational tasks are concerned.

2017/09/05
Committee: LIBE

Nathalie GRIESBECK, Louis MICHEL, Angelika MLINAR, Gérard DEPREZ, Petr JEŽEK

Proposal for a regulation
Article 27

~~[...]~~deleted

2017/09/05
Committee: LIBE

Nathalie GRIESBECK, Louis MICHEL, Angelika MLINAR, Gérard DEPREZ, Petr JEŽEK

Proposal for a regulation
Article 29

1. For the purposes of verification of the lawfulness of the data processing, self- monitoring and ensuring proper data integrity and security, Eurojust shall keep records of any collection, alteration, access, disclosure, combination or erasure of personal data used for operational purposes. Such logs or documentation shall be deleted after 18 months, unless the data are further required for on-going control. 2. Logs or documentation prepared under paragraph 1 shall be communicated on request to the European Data Protection Supervisor. The European Data Protection Supervisor shall use this information only for the purpose of data protection control, ensuring proper data processing, and data integrity and security.Article 29 deleted Logging and documentation

2017/09/05
Committee: LIBE

Nathalie GRIESBECK, Louis MICHEL, Angelika MLINAR, Gérard DEPREZ, Petr JEŽEK

Proposal for a regulation
Article 30

~~Only national members, their deputies and their Assistants, persons referred to in Article 20(2) in so far as they are connected to the Case Management System an~~Article 30 deleted aAuthorised Eurojust staff may, for the purpose of achieving Eurojust's tasks and within the limits provided for in Articles 24, 25 and 26, have access to personal data processed by Eurojust for its operational tasks.access to personal data

2017/09/05
Committee: LIBE

Nathalie GRIESBECK, Louis MICHEL, Angelika MLINAR, Gérard DEPREZ, Petr JEŽEK

Proposal for a regulation
Article 31

Appointment of the Data Protection 1. The Executive Board shall appoint a Data Protection Officer in accordance with Article 24 of Regulation (EC) No 45/2001. 2. When complying with the obligations set out in Article 24 of Regulation (EC) No 45/2001, the Data Protection Officer shall: a) ensure that a written record of the transfer of personal data is kept; b) cooperate with Eurojust staff responsible for procedures, training and advice on data processing; c) prepare an annual report and communicate that report to the College and to the European Data Protection Supervisor. 3. In the performance of his or her tasks, the Data Protection Officer shall have access to all the data processed by Eurojust and to all Eurojust premises. 4. Eurojust's staff members assisting the Data Protection Officer in the performance of his or her duties shall have access to the personal data processed at Eurojust and to Eurojust premises to the extent necessary for the performance of their tasks. 5. If the Data Protection Officer considers that the provisions of Regulation (EC) No 45/2001 or this Regulation related to the processing of personal data have not been complied with, he or she shall inform the Administrative Director, requiring him or her to resolve the non-compliance within a specified time. If the Administrative Director does not resolve the non- compliance of the processing within the specified time, the Data Protection Officer shall inform the College and shall agree with the College a specified time for a response. If the College does not resolve the non-compliance of the processing within the specified time, the Data Protection Officer shall refer the matter to the European Data Protection Supervisor. 6. The Executive Board shall adopt the implementing rules referred to in Article 24(8) of Regulation (EC) No 45/2001.rticle 31 deleted Officer

2017/09/05
Committee: LIBE

Nathalie GRIESBECK, Louis MICHEL, Angelika MLINAR, Gérard DEPREZ, Petr JEŽEK

Proposal for a regulation
Article 33

1. If the personal data that have to be rectified, erased or whose processing has to be restricted in accordance with Articles 14, 15 or 16 of Regulation (EC) No 45/2001 have been provided to Eurojust by third countries, international organisations, private parties, private persons or are the results of Eurojust’s own analyses, Eurojust shall rectify, erase or restrict the processing of such data. 2. If the personal data that have to be rectified, erased or whose processing has to be restricted in accordance with Article 14, 15 and 16 of Regulation (EC) No 45/2001 have been provided directly to Eurojust by Member States, Eurojust shall rectify, erase or restrict the processing of such data in collaboration with Member States. 3. If incorrect data were transmitted by another appropriate means or if the errors in the data supplied by Member States are due to faulty transfer or were transmitted in breach of this Regulation or if they result from their being input, taken over or stored in an incorrect manner or in breach of this Regulation by Eurojust, Eurojust shall rectify or erase the data in collaboration with the Member States concerned. 4. In the cases referred to in Articles 14, 15 or 16 of Regulation (EC) No 45/2001, all addressees of such data shall be notified forthwith in accordance with Article 17 of Regulation (EC) No 45/2001. In accordance with rules applicable to them, the addressees shall then rectify, erase or restrict the processing of those data in their systems. 5. Eurojust shall inform the data subject in writing without undue delay and in any case within three months of the receipt of the request that data concerning him or her have been rectified, erased or their processing restricted. 6. Eurojust shall inform the data subject in writing on any refusal of rectification, of erasure or of restrictions to the processing, and the possibility of lodging a complaint with the European Data Protection Supervisor and seeking a judicial remedy.Article 33 deleted Right to rectification, erasure and restrictions on processing

2017/09/05
Committee: LIBE

Nathalie GRIESBECK, Louis MICHEL, Angelika MLINAR, Gérard DEPREZ, Petr JEŽEK

Proposal for a regulation
Article 35 – paragraph 1

1. The European Data Protection Supervisor ~~shall act in close cooperation with na~~and national data protectional authorities competent for data protection supervision with respect to specific issues requiring national involvement, in particular if the European Data Protection Supervisor or a national authority competent for data protection supervision finds major discrepancies between practices of the Member States or potentially unlawful transfers using Eurojust's communication channels, or in the context of questions raised by one or more national supervisory authorities on the implementation and interpretation of this Regulationshall, each acting within their respective competences, cooperate with each other in accordance with article 62 of Regulation (EU) 2017/xxx on the protection of individuals with regard to the processing of personal data by the union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation EC 45/2001.

2017/09/05
Committee: LIBE

Nathalie GRIESBECK, Louis MICHEL, Angelika MLINAR, Gérard DEPREZ, Petr JEŽEK

Proposal for a regulation
Article 35 – paragraph 2

2. In cases referred to under paragraph 1 the European Data Protection Supervisor and the national authorities competent for data protection supervision may, 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 related to the exercise of independent supervision or to 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.deleted

2017/09/05
Committee: LIBE

Nathalie GRIESBECK, Louis MICHEL, Angelika MLINAR, Gérard DEPREZ, Petr JEŽEK

Proposal for a regulation
Article 35 – paragraph 3

3. The National Supervisory Authorities and the European Data Protection Supervisor shall meet for the purposes outlined in this Article, as needed. The costs and servicing of these meetings shall be for the account of the European Data Protection Supervisor. Rules of procedure shall be adopted at the first meeting. Further working methods shall be developed jointly as necessary.deleted

2017/09/05
Committee: LIBE

Nathalie GRIESBECK, Louis MICHEL, Angelika MLINAR, Gérard DEPREZ, Petr JEŽEK

Proposal for a regulation
Article 36

European Data Protection Supervisor 1. Where a complaint introduced by a data subject pursuant to Article 32(2) of Regulation (EC) No 45/2001 relates to a decision as referred to in Article 32 or 33, the European Data Protection Supervisor shall consult the national supervisory bodies or the competent judicial body in the Member State which was the source of the data or the Member State 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. 2. Where a complaint relates to the processing of data provided by a Member State to Eurojust, the European Data Protection Supervisor shall ensure that the necessary checks have been carried out correctly in close cooperation with the national supervisory body of the Member State which has provided the data. 3. Where a complaint relates to the processing of data provided to Eurojust by EU bodies, third countries or organisations or private parties, the European Data Protection Supervisor shall ensure that the necessary checks have been carried out by Eurojust.Article 36 deleted Right to lodge a complaint with the

2017/09/05
Committee: LIBE

Nathalie GRIESBECK, Louis MICHEL, Angelika MLINAR, Gérard DEPREZ, Petr JEŽEK

Proposal for a regulation
Article 37

Liability for unauthorised or incorrect 1. Eurojust shall be liable, in accordance with Article 340 of the Treaty, for any damage caused to an individual which results from unauthorised or incorrect processing of data carried out by it. 2. Complaints against Eurojust pursuant to the liability referred to in paragraph 1 shall be heard by the Court of Justice in accordance with Article 268 of the Treaty. 3. Each Member State shall be liable, in accordance with its national law, for any damage caused to an individual, which results from unauthorised or incorrect processing carried out by it of data which were communicated to Eurojust.Article 37 deleted processing of data

2017/09/05
Committee: LIBE

Nathalie GRIESBECK, Louis MICHEL, Gérard DEPREZ, Petr JEŽEK

Proposal for a regulation
Article 38 – paragraph 1

1. In so far as necessary for the performance of its tasks, Eurojust may establish and maintain cooperative relations with Union bodies and agencies in accordance with the objectives of those bodies or agencies, the competent authorities of third countries, international organisations and the International Criminal Police Organisation (Interpol) in line with the strategy referred to in Article 43.

2017/09/05
Committee: LIBE

Nathalie GRIESBECK, Louis MICHEL, Gérard DEPREZ, Petr JEŽEK

-1. Eurojust shall establish and maintain close cooperation with Europol, in so far as is relevant for the performance of the tasks of the two agencies and for achieving their objectives, taking account of the need to avoid duplication of effort. The essential elements of that cooperation shall be set out in an agreement which must be approved by the Council and the European Parliament. To that end, the Director of Europol and the President of Eurojust shall meet on a regular basis to discuss issues of common concern.

2017/09/05
Committee: LIBE

Nathalie GRIESBECK, Louis MICHEL, Gérard DEPREZ, Petr JEŽEK

Proposal for a regulation
Article 41 – paragraph 3

3. Whenever necessary, Eurojust shall make use of the Eurojust National Coordination Systems established in accordance with Article 20, and in particular the national correspondents for issues relating to the competence of the European Public Prosecutor’s Office, as well as the relations it has established with third countries, including its liaison magistrates, in order to support the cooperation established in accordance with paragraph 1.

2017/09/05
Committee: LIBE

Nathalie GRIESBECK, Louis MICHEL, Gérard DEPREZ, Petr JEŽEK

Proposal for a regulation
Article 43 – paragraph -1 (new)

-1. Eurojust shall establish and maintain cooperation with the authorities of third countries and international organisations To that end, Eurojust shall prepare, every four years, in consultation with the Commission, a cooperation strategy which pinpoints the third countries and international organisations with which there is an operational need for cooperation.

2017/09/05
Committee: LIBE

Nathalie GRIESBECK, Louis MICHEL, Gérard DEPREZ, Petr JEŽEK

Proposal for a regulation
Article 43 – paragraph 1

1. To this end, Eurojust may establish working arrangements with the entities referred to in Article 38(1).

2017/09/05
Committee: LIBE

Nathalie GRIESBECK, Louis MICHEL, Gérard DEPREZ, Petr JEŽEK

Proposal for a regulation
Article 45 – paragraph 2 – point a

~~a) the transfer of data is absolutely necessary to safeguard the essential interests of one or more Member States within the scope of Eurojust's objectives;~~deleted

2017/09/05
Committee: LIBE

Nathalie GRIESBECK, Louis MICHEL, Gérard DEPREZ, Petr JEŽEK

Proposal for a regulation
Article 45 – paragraph 2 – point a a (new)

(aa) the transfer is otherwise necessary or legally required on important public interest grounds of the Union or its Member States, as recognised by Union law or by national law, or for the establishment, exercise or defence of legal claims; or

2017/09/05
Committee: LIBE

Nathalie GRIESBECK, Louis MICHEL, Gérard DEPREZ, Petr JEŽEK

Proposal for a regulation
Article 45 – paragraph 2 – point c

c) the transfer is otherwise necessary or legally required on important public interest grounds of the Union or its Member States, as recognised by Union law or by national law, or for the establishment, exercise or defence of legal claims; ordeleted

2017/09/05
Committee: LIBE

Nathalie GRIESBECK, Louis MICHEL, Gérard DEPREZ, Petr JEŽEK

Proposal for a regulation
Article 45 – paragraph 5 a (new)

(5a) Eurojust shall make the list of international and cooperation agreements signed with third countries and international organisations available to the public by publishing and regularly updating that list on its website.

2017/09/05
Committee: LIBE

Nathalie GRIESBECK, Louis MICHEL, Gérard DEPREZ, Petr JEŽEK

Proposal for a regulation
Article 55 – paragraph 3 – point -a (new)

-a) the annual and multi-annual programming documents

2017/09/05
Committee: LIBE

Nathalie GRIESBECK, Louis MICHEL, Angelika MLINAR, Gérard DEPREZ, Petr JEŽEK

Proposal for a regulation
Article 67 a (new)

Article 67 a Amendments to the Regulation on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (EU) 2017/XXX A new chapter XXX is added : PROCESSING OFOPERATIONAL PERSONAL DATA Article XXX By way of derogation from Articles 4, 6, 7, 8, 10, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 35, 41, 43, 49, 50 and 51, the provisions of this Chapter shall apply to processing of operational data by Union agencies established on the basis of Chapters 4 and 5 of Title V of Part Three of the TFEU. Article XXX Principles relating to processing of personal data Personal data shall be: (a) processed lawfully and fairly ('lawfulness and fairness'); (b) collected for specified, explicit and legitimate purposes and not further processed in a manner incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes provided that the Union agencies and missions provide appropriate safeguards for the rights and freedoms of data subjects ('purpose limitation'); (c) adequate, relevant, and not excessive in relation to the purposes for which they are processed ('data minimisation'); (d) accurate and kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay ('accuracy'); (e) kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes provided that the agencies or missions provide appropriate safeguards for the rights and freedoms of data subjects, in particular by the implementation of the appropriate technical and organisational measures required by this Regulation ('storage limitation'); (f) processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures ('integrity and confidentiality'). Article XXX Lawfulness of processing 1. Processing shall be lawful only if and to the extent that processing is necessary for the performance of a task carried out by Union agencies and missions and that it is based on Union law. 2. Union law specifying and complementing this Regulation as regards the processing within the scope of this Chapter shall specify the objectives of processing, the personal data to be processed and the purposes of the processing. Article XXX Distinction between different categories of data subjects Union agencies shall make a clear distinction between personal data of different categories of data subjects, such as: (a) persons with regard to whom there are serious grounds for believing that they have committed or are about to commit a criminal offence; (b) persons convicted of a criminal offence; (c) victims of a criminal offence or persons with regard to whom certain facts give rise to reasons for believing that they could be the victim of a criminal offence; and (d) other parties to a criminal offence, such as persons who might be called on to testify in investigations in connection with criminal offences or subsequent criminal proceedings, persons who can provide information on criminal offences, or contacts or associates of one of the persons referred to in points (a) and(b). Article XXX Distinction between personal data and verification of quality of personal data 1. Union agencies and missions shall distinguish personal data based on facts from personal data based on personal assessments. 2. Union agencies and missions shall process personal data in such a way that it can be established which authority provided the data or where the data has been retrieved from. 3. Union agencies and missions shall ensure that personal data which are inaccurate, incomplete or no longer up to date are not transmitted or made available. To that end, Union agencies and missions shall verify the quality of personal data before they are transmitted or made available. As far as possible, in all transmissions of personal data, Union agencies and missions shall add necessary information enabling the recipient to assess the degree of accuracy, completeness and reliability of personal data, and the extent to which they are up to date shall be added. 4. If it emerges that incorrect personal data have been transmitted or personal data have been unlawfully transmitted, the recipient shall be notified without delay. In such a case, the personal data shall be rectified or erased or processing shall be restricted. ARTICLE XXX Specific processing conditions 1. When Union agencies and missions provide for specific conditions for processing, they shall inform the recipient of such personal data of those conditions and the requirement to comply with them. 2. Union agencies and missions shall comply with specific processing conditions for processing provided by a national authority in accordance with Article 9 (3) and (4) of Directive (EU) 2016/680. ARTICLE XXX Transmission of personal data to other Union institutions and bodies 1. Union agencies and missions shall only transmit personal data to other Union institutions and bodies if the data are necessary for the legitimate performance of tasks covered by the competence of other Union institutions and bodies. 2. Where personal data are transmitted following a request from the other Union institution or body, both the controller and the recipient shall bear the responsibility for the legitimacy of this transfer. 3. Union agencies and missions shall be required to verify the competence of the other Union institution or body and to make a provisional evaluation of the necessity for the transmission. If doubts arise as to this necessity, Union agencies and missions shall seek further information from the recipient. 4. Other Union institutions and bodies shall ensure that the necessity for the transmission can be subsequently verified. 5. Other Union institutions and bodies shall process the personal data only for the purposes for which they were transmitted. ARTICLE XXX Processing of special categories of personal data 1. Processing of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade-union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, personal data concerning health or personal data concerning a natural person's sex life or sexual orientation shall be allowed only where strictly necessary for the performance of tasks of Union agencies and missions, subject to appropriate safeguards for the rights and freedoms of the data subject and only if they supplement other operational personal data already processed by Union agencies and missions. 2. The data protection officer shall be informed immediately of recourse to this Article. ARTICLE XXX Automated individual decision-making, including profiling The data subject shall have the right not to be subject to a decision of Union agencies and missions based solely on automated processing, including profiling, which produces legal effects concerning him/her or similarly significantly affects him/her. ARTICLE XXX Information to be made available or given to the data subject 1. Union agencies and missions shall make available to the data subject at least the following information: (a) the identity and the contact details of the Union agency or mission; (b) the contact details of the data protection officer; (c) the purposes of the processing for which the personal data are intended; (d) the right to lodge a complaint with the European Data Protection Supervisor and its contact details; (e) the existence of the right to request from Union agencies and missions access to and rectification or erasure of personal data and restriction of processing of the personal data concerning the data subject. 2. In addition to the information referred to in paragraph 1, Union agencies and missions shall give to the data subject, in specific cases, the following further information to enable the exercise of his or her rights: (a) the legal basis for the processing; (b) the period for which the personal data will be stored, or, where that is not possible, the criteria used to determine that period; (c) the categories of recipients of the personal data, including in third countries or international organisations; (d) where necessary, further information, in particular where the personal data are collected without the knowledge of the data subject. 3. Union agencies and missions may delay, restrict or omit the provision of the information to the data subject pursuant to paragraph 2 to the extent that, and for as long as, such a measure is provided for by a legal act adopted on the basis of the Treaties and constitutes a necessary and proportionate measure in a democratic society with due regard for the fundamental rights and the legitimate interests of the natural person concerned, in order to: (a) avoid obstructing official or legal inquiries, investigations or procedures; (b) avoid prejudicing the prevention, detection, investigation or prosecution of criminal offences or the execution of criminal penalties; (c) protect public security of the Member States; (d) protect national security of the Member States; (e) protect the rights and freedoms of others. ARTICLE XXX Right of access by the data subject The data subject shall have the right to obtain from Union agencies and missions confirmation as to whether or not personal data concerning that subject are being processed, and, where that is the case, access to the personal data and the following information: (a) the purposes of and legal basis for the processing; (b) the categories of personal data concerned; (c) the recipients or categories of recipients to whom the personal data have been disclosed, in particular recipients in third countries or international organisations; (d) where possible, the envisaged period for which the personal data will be stored, or, if not possible, the criteria used to determine that period; (e) the existence of the right to request from Union agencies and missions rectification or erasure of personal data or restriction of processing of personal data concerning the data subject; (f) the right to lodge a complaint with the European Data Protection Supervisor and his or her contact details; (g) communication of the personal data undergoing processing and of any available information as to their origin. ARTICLE XXX Limitations to the right of access 1. Union agencies and missions may restrict, wholly or partly, the data subject's right of access to the extent that, and for as long as, such a partial or complete restriction is provided for by a legal act adopted on the basis of the Treaties and constitutes a necessary and proportionate measure in a democratic society with due regard for the fundamental rights and legitimate interests of the natural person concerned, in order to: (a) avoid obstructing official or legal inquiries, investigations or procedures; (b) avoid prejudicing the prevention, detection, investigation or prosecution of criminal offences or the execution of criminal penalties; (c) protect public security of the Member States; (d) protect national security of the Member States; (e) protect the rights and freedoms of others. 2. In the cases referred to in paragraph 1, Union agencies and missions shall inform the data subject, without undue delay, in writing of any refusal or restriction of access and of the reasons for the refusal or the restriction. Such information may be omitted where the provision thereof would undermine a purpose under paragraph 1. Union agencies and missions shall inform the data subject of the possibility of lodging a complaint with the European Data Protection Supervisor or seeking a judicial remedy in the Court of Justice of the European Union. 3. Union agencies and missions shall document the factual or legal reasons on which the decision is based. That information shall be made available to the European Data Protection Supervisor on request. ARTICLE XXX Right to rectification or erasure of personal data and restriction of processing 1. The data subject shall have the right to obtain from Union agencies and missions without undue delay the rectification of inaccurate personal data relating to that subject. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal data completed, including by means of providing a supplementary statement. 2. Union agencies and missions shall erase personal data without undue delay and the data subject shall have the right to obtain from Union agencies and missions the erasure of personal data concerning that subject without undue delay where processing infringes Articles 52b, 52c or 52h, or where personal data must be erased in order to comply with a legal obligation to which Union agencies and missions are subject. 3. Instead of erasure, Union agencies and missions shall restrict processing where: (a) the accuracy of the personal data is contested by the data subject and their accuracy or inaccuracy cannot be ascertained; or (b) the personal data must be maintained for the purposes of evidence. Where processing is restricted pursuant to point (a) of the first subparagraph, Union agencies and missions shall inform the data subject before lifting the restriction of processing. Restricted data shall be processed only for the purpose that prevented their erasure. 4. Union agencies and missions shall inform the data subject in writing of any refusal of rectification or erasure of personal data or restrict processing and of the reasons for the refusal. Union agencies and missions may restrict, wholly or partly, the obligation to provide such information to the extent that such a restriction constitutes a necessary and proportionate measure in a democratic society with due regard for the fundamental rights and legitimate interests of the natural person concerned in order to: (a) avoid obstructing official or legal inquiries, investigations or procedures; (b) avoid prejudicing the prevention, detection, investigation or prosecution of criminal offences or the execution of criminal penalties; (c) protect public security of the Member States; (d) protect national security of the Member States; (e) protect the rights and freedoms of others. 5. Union agencies and missions shall inform the data subject of the possibility of lodging a complaint with the European Data Protection Supervisor or seeking a judicial remedy from the Court of Justice of the European Union. 6. Union agencies and missions shall communicate the rectification of inaccurate personal data to the competent authority from which the inaccurate personal data originate. 7. Union agencies and missions shall, where personal data has been rectified or erased or processing has been restricted pursuant to paragraphs 1, 2 and 3, notify the recipients and inform them that they have to rectify or erase the personal data or restrict processing of the personal data under their responsibility. ARTICLE XXX Exercise of rights by the data subject and verification by the European Data Protection Supervisor 1. In the cases referred to in Articles 52i(3) , 52k and 52m(4), the rights of the data subject may also be exercised through the European Data Protection Supervisor. 2. Union agencies and missions shall inform the data subject of the possibility of exercising his or her rights through the European Data Protection Supervisor pursuant to paragraph 1. 3. Where the right referred to in paragraph 1 is exercised, the European Data Protection Supervisor shall at least inform the data subject that all necessary verifications or a review by it have taken place. The European Data Protection Supervisor shall also inform the data subject of his or her right to seek a judicial remedy in the Court of Justice of the European Union. ARTICLE XXX Logging 1. Union agencies and missions shall keep logs for any of the following processing operations in automated processing systems: collection, alteration, consultation, disclosure including transfers, combination and erasure. The logs of consultation and disclosure shall make it possible to establish the justification for, and the date and time of, such operations, the identification of the person who consulted or disclosed personal data, and, as far as possible, the identity of the recipients of such personal data. 2. The logs shall be used solely for verification of the lawfulness of processing, self-monitoring, ensuring the integrity and security of the personal data, and for criminal proceedings. Such logs shall be deleted after three years, unless they are required for on-going control. 3. Union agencies or missions shall make the logs available to their data protection officer and to the European Data Protection Supervisor on request. ARTICLE XXX Transfers subject to appropriate safeguards 1. In the absence of an adequacy decision pursuant to Article 45 of Regulation (EU) 2016/679 or Article 36 of Directive (EU) 2016/680, Union agencies and missions may transfer personal data to a third country or an international organisation where: (a) appropriate safeguards with regard to the protection of personal data are provided for in a legally binding instrument; or (b) Union agencies and missions have assessed all the circumstances surrounding the transfer of personal data and conclude that appropriate safeguards exist with regard to the protection of personal data. 2. Union agencies and missions shall seek authorisation from the European Data Protection Supervisor when transferring personal data under point (b) of paragraph 1. 3. When a transfer is based on point (b) of paragraph 1, such a transfer shall be documented and the documentation shall be made available to the European Data Protection Supervisor on request, including the date and time of the transfer, information about the receiving competent authority, the justification for the transfer and the personal data transferred. ARTICLE XXX Derogations for specific situations 1. In the absence of an adequacy decision pursuant to Article 45 of Regulation (EU) 2016/679 or Article 36 of Directive (EU) 2016/680, or of appropriate safeguards pursuant to Article 52p, Union agencies and missions may, on a case-by-case basis, transfer personal data to a third country or an international organisation only on the condition that the transfer is proportionate and necessary: (a) in order to protect the vital interests of the data subject or another person; (b) to safeguard legitimate interests of the data subject; (c) for the prevention of an immediate and serious threat to public security of a Member State or a third country; or (d) in individual cases for the performance of the tasks of Union agencies and missions, unless they determine that fundamental rights and freedoms of the data subject concerned override the public interest in the transfer. 2. Union agencies shall seek authorisation from the European Data Protection Supervisor when transferring personal data under point (b) of paragraph 1. 3. Where a transfer is based on paragraph 1, such a transfer shall be documented and the documentation shall be made available to the European Data Protection Supervisor on request, including the date and time of the transfer, and information about the receiving competent authority, about the justification for the transfer and about the personal data transferred.

2017/09/05
Committee: LIBE

Nathalie GRIESBECK, Louis MICHEL, Gérard DEPREZ, Petr JEŽEK

Proposal for a regulation
Annex I – paragraph 1 – indent 9

– sexual abuse and sexual exploitation of women and children, ~~child pornography~~including child sexual abuse material and solicitation of children for sexual purposes ;

2017/09/05
Committee: LIBE

Nathalie GRIESBECK, Louis MICHEL, Gérard DEPREZ, Petr JEŽEK

Proposal for a regulation
Annex I – paragraph 1 – indent 20

– ~~illegal~~ immigrant smuggling;

2017/09/05
Committee: LIBE

Nathalie GRIESBECK, Louis MICHEL, Gérard DEPREZ, Petr JEŽEK

Proposal for a regulation
Annex I – paragraph 1 – indent 26

– illicit trafficking in animal species, including endangered ~~animal~~ species;

2017/09/05
Committee: LIBE

61 Amendments of Louis MICHEL related to 2013/0256(COD)

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