Activities of Dennis de JONG related to 2013/0256(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on the European Union Agency for Criminal Justice Cooperation (Eurojust) PDF (1 MB) DOC (219 KB)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on the European Union Agency for Criminal Justice Cooperation (Eurojust)
Amendments (58)
Amendment 23 #
Proposal for a regulation
Recital 5
Recital 5
(5) WhilstAs the European Public Prosecutor’s Office should have exclusive competence to investigate and prosecute crimes affecting the Union’s financial interestsis established by enhanced co-operation, the Regulation implementing enhanced co-operation on the establishment of the European Prosecutor’s Office is binding only for those Member States that participate in enhanced co-operation. Therefore, for those Member States not participating in the European Public Prosecutor’s Office, Eurojust remains fully competent for crimes affecting the Union’s financial interests. For those Member States participating in the European Prosecutor’s Office, Eurojust should be able to support national authorities when they are investigating and prosecuting these forms of crime in accordance with the Regulation establishing the European Public Prosecutor’s Office.
Amendment 39 #
Proposal for a regulation
Recital 34
Recital 34
(34) Co-operation between the European Anti-Fraud Office (OLAF) and Eurojust should be governed by Article 14 of Regulation (EC) No 1073/1999. 883/2013 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF)16 should apply to Eurojust. _________________ 16 concerning investigations conducted by OLAF16; _________________ 16Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 136, 31.5.1999, p.1).
Amendment 44 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Eurojust’s competence shall cover the forms of crime listed in Annex 1. However, wits competence shall not include the crimes for which the European Public Prosecutor’s Office is competenth regard to the forms of crime affecting the Union’s financial interests, Eurojust remains fully competent only for those Member States not participating in the European Public Prosecutor’s Office. In addition, for those Member States participating in the European Public Prosecutor’s Office, Eurojust shall still be able to support national authorities when they are investigating and prosecuting these forms of crime in accordance with the Regulation establishing the European Public Prosecutor’s Office.
Amendment 46 #
Proposal for a regulation
Article 8 – paragraph 2 – introductory part
Article 8 – paragraph 2 – introductory part
2. In agreement with their competent national authority the national members shallmay in accordance with national law:
Amendment 47 #
Proposal for a regulation
Article 8 – paragraph 2 – point a
Article 8 – paragraph 2 – point a
(a) order investigative measurissue and execute any mutual assistance or mutual recognition request;
Amendment 48 #
Proposal for a regulation
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
(b) authorise and coorder or request and execute investigative measures, as provided ford inate controlled deliveries in the Member State in accordance with national legislation Directive 2014/41/EU of the European Parliament and of the Council1a; _________________ 1aDirective 2014/41/EU of the European Parliament and of the Council of 3 April 2014 regarding the European Investigation Order in criminal matters (OJ L 130, 1.5.2014, p. 1).
Amendment 49 #
Proposal for a regulation
Article 8 – paragraph 2 – point b a (new)
Article 8 – paragraph 2 – point b a (new)
(ba) participate, as necessary, in joint investigation teams including in their setting up;
Amendment 53 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
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.
Amendment 55 #
Proposal for a regulation
Article 14
Article 14
Amendment 57 #
Proposal for a regulation
Article 16 – paragraph 2 – introductory part
Article 16 – paragraph 2 – introductory part
2. The Executive Board shall also:
Amendment 58 #
Proposal for a regulation
Article 16 – paragraph 2 – point a
Article 16 – paragraph 2 – point a
(a) prepare the decisions to be adopted by the College in accapprove Eurojust’s annual and multi-annual work programme based on the draft prepared by the Administrative Directord ance with Article 14d forward it to the College for adoption;
Amendment 59 #
Proposal for a regulation
Article 16 – paragraph 2 – point g
Article 16 – paragraph 2 – point g
Amendment 60 #
Proposal for a regulation
Article 16 – paragraph 2 – point h
Article 16 – paragraph 2 – point h
(h) adopt its rules of procedure.undertake any additional administrative tasks assigned to it by the College under Article 5(4);
Amendment 61 #
Proposal for a regulation
Article 16 – paragraph 2 – point h a (new)
Article 16 – paragraph 2 – point h a (new)
(ha) approve the annual report on Eurojust’s activities and forward it to the College for adoption;
Amendment 62 #
Proposal for a regulation
Article 16 – paragraph 2 – point h b (new)
Article 16 – paragraph 2 – point h b (new)
(hb) adopt the financial rules applicable to Eurojust in accordance with Article 52;
Amendment 63 #
Proposal for a regulation
Article 16 – paragraph 2 – point h c (new)
Article 16 – paragraph 2 – point h c (new)
(hc) adopt, in accordance with Article 110 of the Staff Regulations, a decision based on Article 2(1) of the Staff Regulations and on Article 6 of the Conditions of Employment of Other Servants delegating the relevant appoint authority powers to the Administrative Director and defining the conditions under which this delegation of powers can be suspended; the Administrative Director shall be authorised to sub-delegate these powers;
Amendment 64 #
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
Amendment 65 #
Proposal for a regulation
Article 16 – paragraph 8
Article 16 – paragraph 8
Amendment 66 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The Administrative Director shall be appointed by the College on the grounds of merit and documented administrative and managerial skills, as well as relevant competence and experience, from a list of candidates proposed by the CommissionExecutive Board, following an open and transparent selection procedure, in accordance with the Rules of Procedure of Eurojust. For the purpose of concluding the contract of the Administrative Director, Eurojust shall be represented by the President of the College. Before being appointed, the candidate selected by the College shall answer questions from the members of the Committee on Civil Liberties, Justice and Home Affairs and the Committee on Budgetary Control of the European Parliament.
Amendment 67 #
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. The term of office of the Administrative Director shall be fiveour years. By the end of this period, the CommissionExecutive Board shall undertake an assessment which takes into account an evaluation of the performance of the Administrative Director.
Amendment 69 #
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. The College, acting on a proposal from the CommissionExecutive Board which takes into account the assessment referred to in paragraph 3, may extend once the term of office of the Administrative Director for no more than fiveour years.
Amendment 73 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Without prejudice to the powers of the Commission, the College or the Executive Board, the Administrative Director shall be independent in the performance of his or her duties and shall neither seek nor take instructions from any government or from any other body.
Amendment 74 #
Proposal for a regulation
Article 18 – paragraph 4 – point a
Article 18 – paragraph 4 – point a
(a) the day-to-day administration of Eurojust and staff management;
Amendment 75 #
Proposal for a regulation
Article 18 – paragraph 4 – point c
Article 18 – paragraph 4 – point c
(c) preparing the programming documentannual and multi- annual work programmes and submitting ithem to the Executive Board and College after consultation of the Commissionfor approval;
Amendment 76 #
Proposal for a regulation
Article 24 – paragraph 7
Article 24 – paragraph 7
Amendment 77 #
Amendment 87 #
Proposal for a regulation
Article 41 – paragraph 1
Article 41 – paragraph 1
1. Eurojust shall establish and maintain a specialclose relationship with the European Public Prosecutor’s Office based on closemutual cooperation andwithin their respective mandates and competences and on the development of operational, and administrative and management links between them as defined belowin this Article. To this end, the European Public Prosecutor and the President of EurojustPresident of Eurojust and the European Chief Prosecutor shall meet on a regular basis to discuss issues of common concerninterest.
Amendment 88 #
Proposal for a regulation
Article 41 – paragraph 7
Article 41 – paragraph 7
Amendment 98 #
Proposal for a regulation
Article 41 – paragraph 8
Article 41 – paragraph 8
Amendment 99 #
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
2. OLAF mayshall contribute to Eurojust’s coordination work regarding the protection of the financial interests of the Union, in accordance with its mandate under Regulation (EU, Euratom) of the European Parliament and of the Council No ...883/2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999.
Amendment 100 #
Proposal for a regulation
Article 42 – paragraph 3
Article 42 – paragraph 3
3. For purposes of the receipt and transmission of information between Eurojust and OLAF, and without prejudice to Article 8, Member States shall ensure that the national members of Eurojust shall be regarded as competent authorities of the Member States solely for the purposes of Regulation (EC) No 1073/1999 and Council Regulation (Euratom) No 1074/199919 . U, Euratom) of the European Parliament and of the Council No 883/2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF).The exchange of information between OLAF and national members shall be without prejudice to the information which must be given to other competent authorities under those Regulations. _________________ 19OJ L 136, 31.5.1999, p. 8.
Amendment 105 #
Proposal for a regulation
Article 49 – paragraph 1
Article 49 – paragraph 1
1. Each year the Administrative Director shall draw up a draft statement of estimates of Eurojust’s revenue and expenditure together, for the following financial year, including the establishment plan, and send it to the CollegeExecutive Board.
Amendment 106 #
Proposal for a regulation
Article 49 – paragraph 2
Article 49 – paragraph 2
2. The CollegeExecutive Board shall, on the basis of that draft, producepare a provisional draft estimate of Eurojust’s revenue and expenditure for the following financial year which shall be forwarded to the College for adoption.
Amendment 107 #
Proposal for a regulation
Article 49 – paragraph 6
Article 49 – paragraph 6
6. The budgetary authority shall authorise the appropriations for Eurojust’sthe contribution from the Union to Eurojust.
Amendment 110 #
Proposal for a regulation
Article 51 – paragraph 5
Article 51 – paragraph 5
5. On receipt of the Court of Auditors’ observations on Eurojust’s provisional accounts pursuant to Article 148 of Regulation (EU, EURATOM) No 966/2012, the Administrative Director shall draw up Eurojust’s final accounts under his or her own responsibility and submit them to the CollegeExecutive Board for an opinion.
Amendment 111 #
Proposal for a regulation
Article 51 – paragraph 6
Article 51 – paragraph 6
6. The CollegeExecutive Board shall deliver an opinion on Eurojust’s final accounts.
Amendment 112 #
Proposal for a regulation
Article 51 – paragraph 7
Article 51 – paragraph 7
7. The Administrative Director shall, by 1 July following each financial year, send the final accounts to the European Parliament, the Council, the Commission and the Court of Auditors, together with the CollegeExecutive Board’s opinion.
Amendment 113 #
Proposal for a regulation
Article 51 – paragraph 9
Article 51 – paragraph 9
9. The Administrative Director shall send the Court of Auditors a reply to its observations by 30 September of the following year at the latest. The Administrative Director shall also send this reply to the College and toExecutive Board, the European Parliament and the Commission.
Amendment 119 #
Proposal for a regulation
Article 61 – paragraph 1
Article 61 – paragraph 1
1. In order to facilitate combating fraud, corruption and other unlawful activities under Regulation (ECU) No 1073/1999883/2013, within six months from the entry into force of this Regulation, iEurojust shall accede to the Interinstitutional Agreement of 25 May 1999 concerning internal investigations by the European Anti-fraud Office (OLAF) and adopt the appropriate provisions applicable to all the employees of Eurojust using the template set out in the Annex to that Agreement.
Amendment 120 #
Proposal for a regulation
Article 61 – paragraph 3
Article 61 – paragraph 3
3. OLAF may carry out investigations, including on-the-spot checks and inspections, in accordance with the provisions and procedures laid down in Regulation (ECU) No 1073/1999883/2013 and Council Regulation (Euratom, EC) No 2185/9622 with a view to establishing whether there have been any irregularities affecting the financial interests of the Union in connection with expenditure funded by Eurojust. _________________ 22 Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities’ financial interests against fraud and other irregularities (OJ L 292, 15.11.1996, p. 2).
Amendment 123 #
Proposal for a regulation
Article 65 – paragraph 3
Article 65 – paragraph 3
Amendment 193 #
Proposal for a regulation
Recital 5
Recital 5
(5) WhilstAs the European Public Prosecutor's Office should have exclusive competence to investigate and prosecute crimes affecting the Union's financial interestsis established by enhanced co-operation, the Regulation implementing enhanced co-operation on the establishment of the European Prosecutor's Office is binding only for those Member States that participate in enhanced co-operation. Therefore, for those Member States not participating in the European Public Prosecutor's Office, Eurojust remains fully competent for crimes affecting the Union's financial interests. For those Member States participating in the European Prosecutor's Office, Eurojust should be able to support national authorities when they are investigating and prosecuting these forms of crime in accordance with the Regulation establishing the European Public Prosecutor's Office.
Amendment 219 #
Proposal for a regulation
Recital 34
Recital 34
(34) Co-operation between the European Anti-Fraud Office (OLAF) and Eurojust should be governed by Article 14 of Regulation (EC) No 1073/1999883/2013 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF)16 should apply to Eurojust. _________________ 16OLAF; OJ L 136, 31.5.1999, p.1.
Amendment 229 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Eurojust’s competence shall cover the forms of crime listed in Annex 1. However, wits competence shall not include the crimes for which the European Public Prosecutor's Office is competenth regard to the forms of crime affecting the Union's financial interests, Eurojust remains fully competent only for those Member States not participating in the European Public Prosecutor's Office. In addition, for those Member States participating in the European Public Prosecutor's Office, Eurojust shall still be able to support national authorities when they are investigating and prosecuting these forms of crime in accordance with the Regulation establishing the European Public Prosecutor's Office.
Amendment 253 #
Proposal for a regulation
Article 8 – paragraph 2 – point a
Article 8 – paragraph 2 – point a
a) order investigative measurissue and execute any mutual assistance or mutual recognition request;
Amendment 255 #
Proposal for a regulation
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
b) authorise and coordinate controlled deliveries in the Member State in accordance with national legislation.order or request and execute investigative measures, as provided for in Directive 2014/41/EU of the European Parliament and of the Council regarding the European Investigative Order in Criminal Matters;
Amendment 256 #
Proposal for a regulation
Article 8 – paragraph 2 – point b a (new)
Article 8 – paragraph 2 – point b a (new)
b a) c) participate, as necessary, in joint investigation teams including in their setting up;
Amendment 278 #
Proposal for a regulation
Article 16 – paragraph 2 – introductory part
Article 16 – paragraph 2 – introductory part
2. The Executive Board shall also:
Amendment 279 #
Proposal for a regulation
Article 16 – paragraph 2 – point a
Article 16 – paragraph 2 – point a
a) prepare the decisions to be adopted by the College in accapprove Eurojust's annual and multi-annual work programme based on the draft prepared by the Administrative Directord ance with Article 14d forward it to the College for adoption;
Amendment 281 #
Proposal for a regulation
Article 16 – paragraph 2 – point h
Article 16 – paragraph 2 – point h
h) adopt its rules of procedure.undertake any additional administrative tasks assigned to it by the College under Article 5(4);
Amendment 282 #
Proposal for a regulation
Article 16 – paragraph 2 – point h a (new)
Article 16 – paragraph 2 – point h a (new)
h a) i) approve the annual report on Eurojust's activities and forward it to the College for adoption;
Amendment 283 #
Proposal for a regulation
Article 16 – paragraph 2 – point h b (new)
Article 16 – paragraph 2 – point h b (new)
h b) j) adopt the financial rules applicable to Eurojust in accordance with Article 52;
Amendment 284 #
Proposal for a regulation
Article 16 – paragraph 2 – point h c (new)
Article 16 – paragraph 2 – point h c (new)
h c) k) adopt, in accordance with Article 110 of the Staff Regulations, a decision based on Article 2(1) of the Staff Regulations and on Article 6 of the Conditions of Employment of Other Servants delegating the relevant appoint authority powers to the Administrative Director and defining the conditions under which this delegation of powers can be suspended; the Administrative Director shall be authorised to sub-delegate these powers;
Amendment 290 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The Administrative Director shall be appointed by the College on the grounds of merit and documented administrative and managerial skills, as well as relevant competence and experience, from a list of candidates proposed by the CommissionExecutive Board, following an open and transparent selection procedure, in accordance with the Rules of Procedure of Eurojust. For the purpose of concluding the contract of the Administrative Director, Eurojust shall be represented by the President of the College. Before being appointed, the candidate selected by the College shall answer questions from the members of the Committee on Civil Liberties, Justice and Home Affairs and the Committee on Budgetary Control of the European Parliament.
Amendment 297 #
Proposal for a regulation
Article 18 – paragraph 4 – point a
Article 18 – paragraph 4 – point a
a) the day-to-day administration of Eurojust and staff management;
Amendment 331 #
Proposal for a regulation
Article 27 a (new)
Article 27 a (new)
Article 27 a 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 shall apply to processing of personal data by Eurojust, as a Union agency carrying out activities which fall within the scope of Chapters 4 and 5 of Title V of the Treaty, including where the founding acts of these Union agencies lay down a standalone data protection regime for the processing of operational personal data. The provision in Regulation (EU) 2017/xxx establish the general data protection principles, which are complemented and detailed by Eurojust's standalone regime as provided in the Eurojust Regulation.
Amendment 408 #
Proposal for a regulation
Article 51 – paragraph 9
Article 51 – paragraph 9
9. The Administrative Director shall send the Court of Auditors a reply to its observations by 30 September of the following year at the latest. The Administrative Director shall also send this reply to the College and toExecutive Board, the European Parliament and the Commission.
Amendment 414 #
Proposal for a regulation
Article 65 – paragraph 3
Article 65 – paragraph 3