Activities of Rui TAVARES related to 2013/0091(COD)
Plenary speeches (1)
European Union Agency for Law Enforcement Cooperation and Training (Europol) (debate)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council on the European Union Agency for Law Enforcement Cooperation and Training (Europol) and repealing Decisions 2009/371/JHA and 2005/681/JHA PDF (866 KB) DOC (925 KB)
Amendments (149)
Amendment 151 #
Proposal for a regulation
Recital 21
Recital 21
(21) To respect ownership of data and protection of information, Member States and authorities in third countries and international organisations should be able to determine the purpose for which Europol may process the data they provide and to restrict access rights. Purpose limitation contributes to transparency, legal certainty and predictability and is especially of high importance in the area of police cooperation, where data subjects are usually unaware when their personal data are being collected and processed and where the use of personal data may have a very significant impact on the lives and freedoms of individuals.
Amendment 158 #
Proposal for a regulation
Recital 28
Recital 28
(28) Europol should be able to transfer personal data to an authority of a third country or an international organisation on the basis of a Commission decision finding that the country or international organisation in question ensures an adequate level of data protection, or, in the absence of an adequacy decision, an international agreement concluded by the Union pursuant to Article 218 of the Treaty, or a cooperation agreement concluded between Europol and this third country prior to the entry into force of this Regulation. The Commission should, within 12 months after the entry into force of this Regulation, review the existing cooperation agreements and propose amendments to align them with the provision of this Regulation. In view of Article 9 of Protocol 36 on transitional provisions attached to the Treaty, legal effects of such agreements should be preserved until those agreements are repealed, annulled or amended in the implementation of the Treaty.
Amendment 161 #
Proposal for a regulation
Recital 29
Recital 29
(29) Where a transfer of personal data cannot be based on an adequacy decision taken by the Commission, or, an international agreement concluded by the Union, or an existing cooperation agreement, the Management Board and the European Data Protection Supervisor should be allowed to authorise a transfer or a set of transfers , provided adequate safeguards are ensured. Where none of the above applies, the Executive Director should be allowed to authorise the transfer of data in exceptional cases on a case-by- case basis, if it is necessary to safeguard the essential interests of a Member State, to prevent an imminent danger associated with crime or terrorism, if the transfer is otherwise necessary or legally required on important public grounds, if the data subject has consented, or if vital interests of the data subject are at stake.
Amendment 164 #
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 to ensure a high level of protection of individuals with regard to processing of personal dataaligned with other relevant data protection instruments applicable to processing of personal data in the area of police cooperation in the European Union to ensure a high level of protection of individuals with regard to processing of personal data. While Decision 2009/371/JHA provides for an adequate data protection regime for Europol, it should be further elaborated to align Europol with the requirements of the Lisbon Treaty, reflect the growing role of Europol and improve the rights of data subjects. Data protection rules at Europol should be strengthened and draw on the principles underpinning Regulation (EC) No 45/200132 to ensure a high level of protection of individuals with regard to processing of personal data, as well as on other data protection principles, including accountability principle, data protection impact assessment, privacy by design and by default and notification of personal data breaches. As soon as the new data protection framework of the EU institutions and bodies will be adopted, it should be applicable to Europol. As Declaration 21 attached to the Treaty recognizacknowledges, the specificity nature of the processing of personal data processing in the law enforcement context, the data protection rules of Europol should be autonomous proves necessary that specific rules on the protection of personal data and the free movement of such data are established for Europol based on Article 16 of the Treaty on the Functioning of the European Union and aligned with other relevant data protection instruments applicable in the area of police cooperation in the Union, in particular Convention No. 10833 and its Additional Protocol of 8 November 2001 and Recommendation No R(87) of the Council of Europe34 and 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]. Transparency is a crucial part of data protection since it enables other data protection principles and rights to be exercised. To enhance transparency, Europol should have transparent data protection policies that it should make easily publicly available setting out in an intelligible form and using clear and plain language the provisions regarding the processing of personal data and the means available for the exercise of the rights of data subjects, as well as publish a list of the international and cooperation agreements it has with third countries, Union bodies and international organisations.
Amendment 168 #
Proposal for a regulation
Recital 32 a (new)
Recital 32 a (new)
(32a) Transparency is a crucial part of data protection since it enables other data protection principles and rights to be exercised. To enhance transparency, Europol should have transparent data protection policies including the means available for the exercise of the rights of data subjects that it should make easily publicly available, as well as publish a list of the international and cooperation agreements it has with third countries, Union bodies and international organisations.
Amendment 170 #
Proposal for a regulation
Recital 34
Recital 34
(34) Personal data relating to different categories of data subjects are processed in the area of police co-operation. Europol should make distinctions between personal data of different categories of data subjects as clear as possible. Personal data of persons such as victims, witnesses, persons possessing relevant information as well as personal data of minors should in particular be protected. Therefore, Europol should not process them unless it is strictly necessary forand proportionate for the purpose of preventing and combating crime within its objectives, and if those personal data supplement other personal data already processed by Europol.
Amendment 177 #
Proposal for a regulation
Recital 39
Recital 39
(39) Europol should keep records of collection, alteration, access, disclosure, combination or erasure of personal data for the purposes of verification of the lawfulness of the data processing, self- monitoring and ensuring proper data integrity and security. Europol should be obliged to co-operate with the European Data Protection Supervisor and the Joint Supervisory Authority and make the logs or documentation available upon request, so that they can be used for monitoring processing operations.
Amendment 180 #
Proposal for a regulation
Recital 41
Recital 41
(41) An independent, sufficiently empowered, transparent, accountable and effective structure for supervision is essential for the protection of individuals with regard to the processing of personal data as required by Article 8 of the Charter of Fundamental Rights and Article 16 of the Treaty on the Functioning of the European Union. National competent authorities for the supervision of the processing of personal data should monitor the lawfulness of the processing of personal data by Member States. The European Data Protection Supervisor should monitor the lawfulness of data processing by Europol exercising its functions with complete independence.
Amendment 183 #
Proposal for a regulation
Recital 42
Recital 42
(42) It is important to ensure a strengthened and effective supervision of Europol, while making optimal use of resources and accumulated expertise both at national and Union level. The European Data Protection Supervisor and national supervisory authorities should co-operate with each other on specific issues requiring national involvement and to ensure coherent application of this Regulation throughout the Union. Where necessary, the European Data Protection Supervisor may use the expertise and experience of national data protection authorities in carrying out his duties, including the performance of audits and on-site inspections.
Amendment 185 #
Proposal for a regulation
Recital 42
Recital 42
(42) The European Data Protection Supervisor and national supervisory authorities should co-operate with each other on specific issues requiring national involvement and to ensuresupervise Europol operational data in a coordinated manner to ensure an effective and coherent application of this Regulation throughout the Union.
Amendment 186 #
Proposal for a regulation
Recital 43
Recital 43
(43) As Europol is processing also non- operational personal data, not related to any criminal investigations, such as personal data of staff of Europol, services providers or visitors, processing of such data should be subject to Regulation (EC) No 45/2001.
Amendment 199 #
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) ‘the "competent authorities of the Member States’ means all police authorities and other law enforcement services existing in the Member States which are responsible under national law for preventing and combating criminal offences" means agencies or bodies established by legal acts adopted by the Council pursuant to Title VI of the Treaty on European Union, as well as police, customs, judicial and other authorities of the Member States that are authorised by national law to process personal data within the scope of this Regulation;
Amendment 203 #
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) ‘analysis’ means the assembly, processing or use of data with the aim of assisting criminal investigationmeticulous examination of information to discover its specific meaning and particular features;
Amendment 211 #
Proposal for a regulation
Article 2 – paragraph 1 – point k
Article 2 – paragraph 1 – point k
(k) ‘recipient’ means a natural or legal person, public authority, agency or any other body to whom data are disclosed, whether a third party or not; however, authorities which may receive data in the framework of a particular inquiry shall not be regarded as recipients;
Amendment 217 #
Proposal for a regulation
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 in preventing and combating particularly serious crime affecting two or more Member States, terrorism and forms of crime which affect a common interest covered by a Union policy, as specified in Annex 1.in accordance with Article 88 TFEU;
Amendment 231 #
Proposal for a regulation
Article 4 – paragraph 1 – point j
Article 4 – paragraph 1 – point j
Amendment 257 #
Proposal for a regulation
Article 7 – paragraph 5 – introductory part
Article 7 – paragraph 5 – introductory part
5. Member States shall, via their National Unit or awhere direct contact has been allowed, via the designated competent authority of athe Member State, in particular:
Amendment 272 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Liaison officers shall assist in the exchange of information between their Member States and the liaison officers of other Member States in accordance with national law. Europol's infrastructure may be used, in line with national law, for such bilateral exchanges also to cover crimes outside the objectives of Europol. The Management Board shall determine the rights and obligations of liaison officers in relation to Europol. All such exchanges of information shall be in accordance with Union and national law, in particular the Council Framework Decision 2008/977/JHA or Directive 95/46/EC, as applicable. Europol shall process data received under this provision only when it can be considered a lawful recipient under national or Union law.
Amendment 284 #
Proposal for a regulation
Article 14 – paragraph 1 – point d
Article 14 – paragraph 1 – point d
(d) adopt a consolidated annual activity report on Europol's activities and send it, by 1 July of the following year, to the European Parliament, the Council, the Commission, the European Data Protection Supervisor, the Court of Auditors and national Parliaments. The consolidated annual activity report shall be made public;
Amendment 291 #
Proposal for a regulation
Article 14 – paragraph 1 – point k
Article 14 – paragraph 1 – point k
(k) in agreement with the parliamentary scrutiny unit, appoint the Executive Director and Deputy Executive Directors and where relevant extend their term of office or remove them from the office in accordance with Articles 56 and 57;
Amendment 294 #
Proposal for a regulation
Article 14 – paragraph 1 – point o
Article 14 – paragraph 1 – point o
(o) ensure adequate follow-up to findings and recommendations stemming from the internal or external audit reports and evaluations, as well as from investigations of the European Anti-fraud Office (OLAF) and the European Data Protection Supervisor;
Amendment 298 #
Proposal for a regulation
Article 14 – paragraph 1 – point q a (new)
Article 14 – paragraph 1 – point q a (new)
(qa) appoint a Data Protection Officer, who shall be independent in its functions from the Management Board and shall be responsible for the setting up and managing of the data processing systems;
Amendment 300 #
Proposal for a regulation
Article 14 – paragraph 1 – point r a (new)
Article 14 – paragraph 1 – point r a (new)
(ra) appoint the Europol Data Protection Officer in accordance with Article 44;
Amendment 305 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The Management Board shall adopt the annual work programme the latest by 30 November each year, based on a draft put forward by the Executive Director, taking into account the opinion of the Commission. It shall forward it to the European Parliament, the Council, the Commission, the European Data Protection Supervisor, and national parliaments.
Amendment 306 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The Management Board shall adopt, in agreement with the parliamentary scrutiny unit, the annual work programme the latest by 30 November each year, based on a draft put forward by the Executive Director, taking into account the opinion of the Commission. It shall forward ithe draft work programme to the European Parliament, the Council, the Commission and national parliaments. at least three months prior to adoption.
Amendment 310 #
Proposal for a regulation
Article 15 – paragraph 4 – subparagraph 2
Article 15 – paragraph 4 – subparagraph 2
The adopted multi-annual work programme shall be forwarded to the European Parliament, the Council, the Commission, the European Data Protection Supervisor, and national Parliaments.
Amendment 329 #
Proposal for a regulation
Article 23 – paragraph 1 – point c
Article 23 – paragraph 1 – point c
(c) by private parties in accordance with Article 29(2) and Article 32 and private persons in accordance with Article 33.
Amendment 330 #
Proposal for a regulation
Article 23 – paragraph 1 – point c
Article 23 – paragraph 1 – point c
(c) by private parties in accordance with Article 29(2)32 and private persons in accordance with Article 33.
Amendment 333 #
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Europol may directly retrieve and process information, including personal data, from publicly available sources, such as the media, including the internet and public data, where it is strictly necessary and proportionate for the purpose of performing its task, in accordance with the data protection provisions of this Regulation and especially with Article 34.
Amendment 337 #
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 and where the necessity and proportionality of such access for the performance of a task falling under Europol's mandate can be demonstrated. 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. They shall lay down the objectives of that specific processing, the categories of personal data to be processed, the purposes and means of the processing and the procedure to be followed for the retrieval and further processing of the personal data. The access to such information systems shall be granted only to duly authorised staff of Europol as far as this is strictly necessary and proportionate for the performance of theirits tasks.
Amendment 352 #
Proposal for a regulation
Article 24 – paragraph 1 a (new)
Article 24 – paragraph 1 a (new)
1a. Personal data may only be processed for the purposes of point (b) of paragraph 1 when their use is strictly necessary and duly justified.
Amendment 353 #
Proposal for a regulation
Article 24 – paragraph 1 b (new)
Article 24 – paragraph 1 b (new)
1b. For each operational analysis case referred to in paragraph 1(c) the following shall apply: (a) a specified purpose shall be defined. Personal data may only be processed where they are relevant for this specific purpose; (b) All cross-matching operations by Europol staff shall be specifically motivated; retrieval of data following a consultation shall be limited to the strict minimum required and specifically motivated; (c) only authorized staff in charge of the purpose for which the data were initially collected may modify that data. Europol shall duly document these operations. The documentation shall be made available to the data protection officer and to the European Data Protection Supervisor for the purposes of verifying lawfulness of the processing operation.
Amendment 354 #
Proposal for a regulation
Article 24 – paragraph 2 a (new)
Article 24 – paragraph 2 a (new)
2a. Where data are processed under Article 24 (1)(c), a case-by-case assessment of the safeguards provided by Article 34 shall be carried out and documented by Europol, taking into account all relevant circumstances.
Amendment 357 #
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 specific and well defined 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 specific and explicit purpose than the one for which information has been provided only if expressly authorised by the data provider, in accordance with its applicable law.
Amendment 359 #
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. Such purposes shall be explicit and tailored as narrowly as possible, in accordance with the data protection principles as laid down in Directive 95/46/EC and Council Framework Decision 2008/977/JHA. .
Amendment 362 #
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. Member States, Union bodies, third countries and international organisations may indicate, at the moment of transferring information, any restriction on access or use, in general or specific terms, including as regards erasure or destruction. In setting such restrictions, they shall as much as possible refrain from preventing information being made available to the European Parliament and national parliaments when exercising parliamentary scrutiny in accordance with the provisions laid down in Chapter IX of this Regulation. Where the need for such restrictions becomes apparent after the transfer, they shall inform Europol accordingly. Europol shall comply with such restrictions.
Amendment 364 #
Proposal for a regulation
Article 25 a (new)
Article 25 a (new)
Article 25a Data Protection impact assessment 1. Prior to any set of processing of personal data, Europol shall carry out an assessment of the impact of the envisaged processing systems and procedures on the protection of personal data and notify it to the European Data Protection Supervisor. 2. The assessment shall contain at least a general description of the envisaged processing operations, an assessment of the risks to the rights and freedoms of data subjects, the measures envisaged to address those risks, safeguards, security measures and mechanisms to ensure the protection of personal data and to demonstrate the compliance with the provisions in this Regulation, taking into account the rights and legitimate interests of the data subjects and other persons concerned.
Amendment 366 #
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) to the extent necessary for the legitimate performance of their tasks, 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.
Amendment 371 #
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 a specific purposes of under 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 and to the extent that the data that generated the hit are necessary for the legitimate performance of their tasks.
Amendment 374 #
Proposal for a regulation
Article 26 – paragraph 2 a (new)
Article 26 – paragraph 2 a (new)
2a. Europol shall keep detailed records of all hits in accordance with Article 43.
Amendment 377 #
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 thea specific 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.
Amendment 385 #
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. Europol may receive and process personal data from entities referred to in paragraph 1 except from private parties, in so far as necessarystrictly necessary and proportionate for the performance of its tasks and subject to the provisions of this Chapter.
Amendment 388 #
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 objectivetasks and in accordance with this Chapter and if the recipient gives an undertaking that the data shall be used solely for the purpose for which they were transmitted. If the data to be transferred have been provided by a Member State, Europol shall seek that Member State's prior explicit consent, unless:
Amendment 390 #
Proposal for a regulation
Article 29 – paragraph 4 – point a
Article 29 – paragraph 4 – point a
Amendment 395 #
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 prior explicit consent and the recipient gives an undertaking that the data shall be used solely for the purpose for which they were transmitted..
Amendment 400 #
Proposal for a regulation
Article 29 – paragraph 5 a (new)
Article 29 – paragraph 5 a (new)
5a. Europol shall keep detailed records of all transfers of personal data and their grounds.
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 405 #
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) and without prejudice to Article 27 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.
Amendment 415 #
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 3
Article 31 – paragraph 1 – subparagraph 3
Europol may conclude, after consulting the Independent Joint Supervisory Body, working arrangements to implement such agreements or adequacy decisions.
Amendment 416 #
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 3 a (new)
Article 31 – paragraph 1 – subparagraph 3 a (new)
The European Data Protection Supervisor shall be consulted in a timely manner before and during the negotiations of an international agreement referred to in point (b).
Amendment 419 #
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 3 b (new)
Article 31 – paragraph 1 – subparagraph 3 b (new)
Europol shall make publicly available a regular updated list of international and cooperation agreements it has with third countries and international organisations.
Amendment 420 #
Proposal for a regulation
Article 31 – paragraph 2 – subparagraph 1 – point a
Article 31 – paragraph 2 – subparagraph 1 – point a
(a) the transfer of the data is absolutely necessary to safeguard the essential interests of one or more Member States within the scope of Europol's objectivetasks;
Amendment 423 #
Proposal for a regulation
Article 31 – paragraph 2 – subparagraph 1 – point b
Article 31 – paragraph 2 – subparagraph 1 – point b
(b) the transfer of the data is absolutely necessary in the interests oforder to preventing an imminent dangerand serious threat to public security of a Member State or a third country, associated with serious crime or terrorist offences;
Amendment 424 #
Proposal for a regulation
Article 31 – paragraph 2 – subparagraph 1 – point b
Article 31 – paragraph 2 – subparagraph 1 – point b
(b) the transfer of the data is absolutely necessary in the interests of preventing imminent danger associated with serious crime or terrorist offences;
Amendment 431 #
Proposal for a regulation
Article 31 – paragraph 2 – subparagraph 1 – point c
Article 31 – paragraph 2 – subparagraph 1 – point c
(c) the transfer is otherwise necessary or legally required oin important public interest grounds, oran individual case for the establishment, exercise or defence of legal claims relating to the prevention, investigation, detection or prosecution of a specific criminal offence; or
Amendment 433 #
Proposal for a regulation
Article 31 – paragraph 2 – subparagraph 1 – point d a (new)
Article 31 – paragraph 2 – subparagraph 1 – point d a (new)
(da) the transfer is necessary or legally required in an individual case on important public interest grounds, that are recognised in Union or Member State law.
Amendment 436 #
Proposal for a regulation
Article 31 – paragraph 2 – subparagraph 2
Article 31 – paragraph 2 – subparagraph 2
Moreover the Management Board may, in agreement with the European Data Protection Supervisor and the Joint Supervisory Authority, authorise a set of transfers in conformity with points (a) to (d) above, on a case-by-case basis and taking into account of the existence of safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals, for a period not exceeding one year, renewable.
Amendment 437 #
Proposal for a regulation
Article 31 – paragraph 2 – subparagraph 2
Article 31 – paragraph 2 – subparagraph 2
Amendment 438 #
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. The Executive Director shall inform without delay the Management Board and the European Data Protection Supervisor of cases where he/she applied paragraph 2.
Amendment 439 #
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. The Executive Director shall inform the Management Board and, the European Data Protection Supervisor and the Joint Supervisory Authority of cases where he/sheit applied paragraph 2.
Amendment 442 #
Proposal for a regulation
Article 32 – paragraph 1 – introductory part
Article 32 – paragraph 1 – introductory part
1. In so far as necessary for Europol to perform its tasks, Europol may process personal data originating from private parties on condition that are receivedthey are not received directly from the private parties but only via:
Amendment 449 #
Proposal for a regulation
Article 34 – paragraph 1 – point a
Article 34 – paragraph 1 – point a
(a) processed fairly and lawfully and in a transparent and verifiable manner in relation to the data subject;
Amendment 451 #
Proposal for a regulation
Article 34 – paragraph 1 – point c
Article 34 – paragraph 1 – point c
(c) adequate, relevant, and not exlimited to the minimum necessiveary in relation to the purposes for which they are processed;
Amendment 455 #
Proposal for a regulation
Article 34 – paragraph 1 – point d
Article 34 – paragraph 1 – point d
(d) accurate and, where necessary, 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;
Amendment 456 #
Proposal for a regulation
Article 34 – paragraph 1 – point e a (new)
Article 34 – paragraph 1 – point e a (new)
(ea) processed only by duly authorized staff who needs them for the performance of their task;
Amendment 459 #
Proposal for a regulation
Article 34 – paragraph 1 – point e b (new)
Article 34 – paragraph 1 – point e b (new)
(eb) processed in a way that effectively allows for the data subject to exercise his/her rights.
Amendment 462 #
Proposal for a regulation
Article 34 – paragraph 1 a (new)
Article 34 – paragraph 1 a (new)
Europol shall make publicly available a document setting out in an intelligible form the provisions regarding the processing of personal data and the means available for the exercise of the rights of data subjects.
Amendment 463 #
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 467 #
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 471 #
Proposal for a regulation
Article 35 – paragraph 4
Article 35 – paragraph 4
4. Where Europol receives information from a Member State without an assessment, Europol shall attempt as far as possible to assess the reliability of the source or the information on the basis of information already in its possession. The assessment of specific data and information shall take place in agreement with the supplying Member State. A Member State may also agree with Europol in general terms on the assessment of specified types of data and specified sources. If no agreement is reached in a specific case, or no agreement in general terms exists, Europol shall evaluate the information or data and shall attribute to such information or data the evaluation codes (X) and (4), referred to in paragraphs 1 and 2.
Amendment 477 #
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 480 #
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 or social 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 484 #
Proposal for a regulation
Article 36 – paragraph 4
Article 36 – paragraph 4
4. No decision which produces legal effects concerning a data subject shall be based solely on automated processing of data referred to in paragraph 2, unless the decision is expressly authorised pursuant to national or Union legislation or, if necessary, by the European Data Protection SupervisorJoint Supervisory Authority.
Amendment 486 #
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. Such transmission shall be in accordance with the provisions laid down in Chapter VI of this Regulation.
Amendment 487 #
Proposal for a regulation
Article 36 – paragraph 6
Article 36 – paragraph 6
6. Every six months Europol shall provide an overviewfor each purpose statistics ofn all personal data referred to in paragraphs 1 and 2 processed by it to the European Data Protection Supervisor.
Amendment 488 #
Proposal for a regulation
Article 36 – paragraph 6
Article 36 – paragraph 6
6. Every six months Europol shall providmake an overview of all personal data referred to in paragraph 2 processed by it, available at Europol, to the European Data Protection Supervisor and the Joint Supervisory Authority..
Amendment 489 #
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 491 #
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 strictly necessary for the achievement of its objectivespurposes for which the data are processed.
Amendment 493 #
Proposal for a regulation
Article 37 – paragraph 6 – point a
Article 37 – paragraph 6 – point a
(a) this would damage the interests of a data subject who requires protection. In such cases, the data shall be used only with the express and written consent of the data subject.
Amendment 498 #
Proposal for a regulation
Article 38 – paragraph 2 – point g a (new)
Article 38 – paragraph 2 – point g a (new)
(ga) ensure that it is possible to verify and establish what data have been accessed by which member of personnel and at what time (access log);
Amendment 499 #
Proposal for a regulation
Article 38 – paragraph 3 a (new)
Article 38 – paragraph 3 a (new)
3a. Europol shall notify a personal data breach to the data protection officer, to the Data Protection Supervisor and to the Joint Supervisory Authority.
Amendment 500 #
Proposal for a regulation
Article 38 a (new)
Article 38 a (new)
Article 38a Data protection by design and by default 1. Europol shall implement appropriate technical and organisational measures and procedures in such a way that the processing will meet the requirements of provisions adopted pursuant to this Regulation and ensure the protection of the rights of the data subject. 2. Europol shall implement mechanisms for ensuring that, by default, only those personal data which are necessary for the purposes of the processing are processed.
Amendment 503 #
Proposal for a regulation
Article 38 b (new)
Article 38 b (new)
Amendment 504 #
Proposal for a regulation
Article 38 c (new)
Article 38 c (new)
Amendment 505 #
Proposal for a regulation
Article 39 – paragraph 1 – introductory part
Article 39 – paragraph 1 – introductory part
1. Any data subject shall have the right, at reasonable intervals, to obtain information on whether personal data relating to him/her are processed by Europol. Where such personal data are being processed, Europol shall provide at least the following information to the data subject:
Amendment 508 #
Proposal for a regulation
Article 39 – paragraph 1 – point a a (new)
Article 39 – paragraph 1 – point a a (new)
(aa) existence of the right to request from Europol rectification, erasure or restriction of processing of personal data;
Amendment 509 #
Proposal for a regulation
Article 39 – paragraph 1 – point b
Article 39 – paragraph 1 – point b
(b) information at least as to the purposes of the processing operation, the categories of data concerned, the period for which the data will be stored, and the recipients to whom the data are disclosed;
Amendment 516 #
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 costsfree of charge 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 518 #
Proposal for a regulation
Article 39 – paragraph 3
Article 39 – paragraph 3
3. Europol shall answer the request without undue delay and in any case within three months of itsthe receipt of the request from the national authority.
Amendment 521 #
Proposal for a regulation
Article 39 – paragraph 5 – point b
Article 39 – paragraph 5 – point b
(b) protect security and public order in the Member States or to prevent serious crime;
Amendment 526 #
Proposal for a regulation
Article 40 – paragraph 4
Article 40 – paragraph 4
4. If data as described in paragraphs 1, 2 and 3 held by Europol have been provided to it by third countries, international organisations, or are the results of Europol's own analyses, Europol shall rectify, erase or block such data and inform, where relevant, the originators of the data.
Amendment 528 #
Proposal for a regulation
Article 40 – paragraph 9 a (new)
Article 40 – paragraph 9 a (new)
9a. If the accuracy of an item of personal data is contested by the data subject and this accuracy cannot be ascertained, referencing of that item of data may not take place.
Amendment 531 #
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 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. Union bodies shall be responsible for the quality of the data until and including the moment of the transfer.
Amendment 533 #
Proposal for a regulation
Article 41 – paragraph 4 – introductory part
Article 41 – paragraph 4 – introductory part
4. The responsibility for the compliance with all applicable data protection requirements, including the legality of transfer, shall lie:
Amendment 534 #
Proposal for a regulation
Article 41 – paragraph 5
Article 41 – paragraph 5
5. In case of a transfer between Europol and a Union body, the responsibility for the legality of the transfer shall lie with Europol. Without prejudice to the preceding sentence, where the data are transferred by Europol following a request from the recipient, both Europol and recipient shall bear the responsibility for the legality of this transfer. In addition, Europol shall be responsible for all data processing operations carried out by it. Europol shall verify the competence of the recipient and evaluate the necessity for the transfer of the data. If doubts arise as to this necessity, Europol shall seek further information from the recipient. The recipient shall ensure that the need for the transfer of the data can be verified. The recipient shall process the personal data only for the purposes for which they were transmitted.
Amendment 537 #
Proposal for a regulation
Article 42 – paragraph 1 – introductory part
Article 42 – paragraph 1 – introductory part
1. TheAny new set of processing of personal data which will form part of a new filing system to be created shall be subject to prior checking where:
Amendment 539 #
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
2. The prior checks shall be carried out by the European Data Protection Supervisor and the Joint Supervisory Authority following receipt of a notification from the Data Protection Officer who, in case of doubt as to the need for prior checking, shall consult the European Data Protection Supervisor and the Joint Supervisory Authority.
Amendment 541 #
Proposal for a regulation
Article 42 – paragraph 3 – subparagraph 1
Article 42 – paragraph 3 – subparagraph 1
The Joint Supervisory Authority and the European Data Protection Supervisor shall deliver his/herits opinion within two months following receipt of the notification. This period may be suspended until the European Data Protection SupervisorSupervisory Authorities hasve obtained any further information that he/sheit may have requested. When the complexity of the matter so requires, this period may also be extended for a further two months, by decision of the European Data Protection SupervisorSupervisory Authorities. This decision shall be notified to Europol prior to expiry of the initial two-month period.
Amendment 543 #
Proposal for a regulation
Article 42 – paragraph 4
Article 42 – paragraph 4
4. The European Data Protection Supervisor and the Joint Supervisory Authority shall keep a register of all processing operations have been notified to him/herit pursuant to paragraph 1. Such a register shall be integrated into the register referred to in Article 27(5) of Regulation (EC) No 45/2001.
Amendment 544 #
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
1. For the purposes of verifying the lawfulness of data processing, self- monitoring and ensuring proper data integrity and security Europol shall keep records of collection, alteration, access, retrieval, disclosure, combination or erasure of personal data. Such logs or documentation shall be deleted after three years, unless the data are further required for on-going control. There shall be no possibility to modify the logs.
Amendment 545 #
Proposal for a regulation
Article 43 – paragraph 2
Article 43 – paragraph 2
2. Logs or documentation prepared under paragraph 1 shall be communicated on request to the European Data Protection Supervisor and the Joint Supervisory Authority for the control of data protection. The European Data Protection SupervisorSupervisory Authorities shall use that information only for the control of data protection and ensuring proper data processing as well as data integrity and security.
Amendment 551 #
Proposal for a regulation
Article 44 – paragraph 7 – point e
Article 44 – paragraph 7 – point e
(e) cooperating with the European Data Protection Supervisor; and the Joint Supervisory Authority.
Amendment 552 #
Proposal for a regulation
Article 44 – paragraph 7 – point f
Article 44 – paragraph 7 – point f
(f) preparing an annual report and communicating that report to the Management Board and, to the European Data Protection Supervisor and the Joint Supervisory Authority.
Amendment 555 #
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 all processing operations carried out by Europol, including, where relevant, information regarding the purpose, data categories, recipients, time limits for blocking and erasure, transfers to third countries or international organisations and security measures;
Amendment 557 #
Proposal for a regulation
Article 44 – paragraph 7 – point f b (new)
Article 44 – paragraph 7 – point f b (new)
(fb) keeping a register of incidents and security breaches affecting operational or administrative personal data;
Amendment 561 #
Proposal for a regulation
Article 44 – paragraph 10
Article 44 – paragraph 10
10. If the Data Protection Officer considers that the provisions of this Regulation concerning the processing of personal data have not been complied with, he/she shall inform the Executive Director, requiring him/her to resolve the non-compliance within a specified time. If the Executive Director does not resolve the non- compliance of the processing within the time specified, the Data Protection Officer shall inform the Management Board and they shall agree a specified time for a response. If the Management Board does not resolve the non-compliance of the processing within the time specified, the Data Protection Officer shall refer the matter to the European Data Protection Supervisor or the Joint Supervisory Authority, according to their respective competences.
Amendment 565 #
Proposal for a regulation
Article 45 – title
Article 45 – title
Supervision by theat national supervisory authoritylevel
Amendment 566 #
Proposal for a regulation
Article 45 – paragraph 3
Article 45 – paragraph 3
3. National supervisory authorities shall, in accordance with the relevant national procedures, supervise the activities of National Units and the activities of liaison officers, in so far as such activities are of relevance to the protection of personal data. They shall also keep the European Data Protection Supervisor and the Joint Supervisory Authority informed of any actions they take with respect to Europol.
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 595 #
Proposal for a regulation
Article 46 – paragraph 5
Article 46 – paragraph 5
5. The European Data Protection Supervisor 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. include information and statistics regarding complaints, inquiries, investigations, the processing of sensitive information, transfers of personal data to third countries and international organisations, prior checking and the use of the powers referred to in paragraph 3. This report shall be sent to the European Parliament, the Council, the Commission and the national data protection authorities. On the basis of this report, the European Parliament and the Council may request the European Data Protection Supervisor to undertake additional action to ensure the application of the provisions of this Regulation.
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 600 #
Proposal for a regulation
Article 46 – paragraph 6 a (new)
Article 46 – paragraph 6 a (new)
6a. The European Data Protection Supervisor may use the expertise and experience of national data protection authorities in carrying out his duties. In carrying out activities on behalf of the European Data Protection Supervisor, members and staff of national data protection authorities shall have the powers laid down in paragraph 4 and be bound by the obligation laid down in paragraph 6.
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 611 #
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 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 619 #
Proposal for a regulation
Article 49 – paragraph 3
Article 49 – paragraph 3
3. Where a complaint relates to the processing of data provided by a Member State to Europol, 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 that provided the data, shall ensure that the data processing in the Member State concerned was lawful and that the necessary checks have been carried out correctly.
Amendment 621 #
Proposal for a regulation
Article 49 – paragraph 4
Article 49 – paragraph 4
4. Where a complaint relates to the processing of data provided to Europol by EU entities, third countries or international organisations or to data retrieved by Europol from public available sources, the European Data Protection Supervisor shall ensure that Europol has carried out the necessary checkshis duties set out in the provisions of this Regulation in a satisfactory manner.
Amendment 628 #
Proposal for a regulation
Article 53 – paragraph 1 a (new)
Article 53 – paragraph 1 a (new)
1a. The European Parliament and national parliaments shall consider inviting parliamentarians of Iceland, Liechtenstein, Norway and Switzerland as observers to inter-parliamentary meetings where the scrutiny of Europol activities takes place and developing other modes of cooperation with these parliaments.
Amendment 629 #
Proposal for a regulation
Article 53 – paragraph 2
Article 53 – paragraph 2
2. Parliamentary scrutiny byThe European Data Protection Supervisor and the national supervisory authorities shall appear before the European Parliament, togetherjointly with national Parliaments, of Europol's activities shall be exercised in accordance with this Regulationat their request and at least once per year to discuss matters relating to the protection of fundamental rights and freedoms of natural persons with regard to processing personal data by Europol, taking into account the obligations of discretion and confidentiality.
Amendment 631 #
Proposal for a regulation
Article 54 – paragraph 1
Article 54 – paragraph 1
1. For the purpose of enabling it to exercise parliamentary scrutiny of Europol's activities in accordance with Article 53, access to European Union Classified Information and sensitive non-classified information processed by or through Europol mayshall be granted to the European Parliament and its representatives upon request and, where relevant, after the consent of the data provider.
Amendment 632 #
Proposal for a regulation
Article 54 – paragraph 2
Article 54 – paragraph 2
2. Access to European Union Classified Information and sensitive non-classified information shall be in compliance with the basic principles and minimum standards as referred to in Article 69 and with the rules concerning the forwarding and handling of classified information which are applicable between the European Parliament and the Commission. The details shall be governed by a working arrangement concluded between Europol and the European Parliament.
Amendment 634 #
Proposal for a regulation
Article 54 a (new)
Article 54 a (new)
Amendment 636 #
Proposal for a regulation
Article 56 – paragraph 2 – subparagraph 1
Article 56 – paragraph 2 – subparagraph 1
The Executive Director shall be appointed by the Management Board, in agreement with the parliamentary scrutiny unit, from a list of candidates proposed by the Commission, following an open and transparent selection procedure.
Amendment 638 #
Proposal for a regulation
Article 56 – paragraph 2 – subparagraph 3
Article 56 – paragraph 2 – subparagraph 3
Before appointment, the candidate selected by the Management Board may be invited to make a statement before the competent committee of the European Parliament and the parliamentary scrutiny unit and to answer questions put by its members.
Amendment 639 #
Proposal for a regulation
Article 56 – paragraph 4
Article 56 – paragraph 4
4. The Management Board, in agreement with the parliamentary scrutiny unit and acting on a proposal from the Commission that takes into account the assessment referred to in paragraph 3, may extend the term of office of the Executive Director once, for no more than five years.
Amendment 640 #
Proposal for a regulation
Article 56 – paragraph 7
Article 56 – paragraph 7
7. The Executive Director may be removed from office only upon a decision of the Management Board acting on a proposal from the Commission or the European Parliament.
Amendment 641 #
Proposal for a regulation
Article 56 – paragraph 7
Article 56 – paragraph 7
7. The Executive Director may be removed from office only upon a decision of the parliamentary scrutiny unit or of the Management Board acting on a proposal from the Commission.
Amendment 650 #
Proposal for a regulation
Article 73 a (new)
Article 73 a (new)
Article 73a Transitional arrangements concerning cooperation agreements The Commission shall, within 12 months after the entry into force of this Regulation, review the cooperation agreements concluded between Europol and third countries or international organisations prior to the date of application of this Regulation and, if appropriate, propose amendments to align them with the provisions of this Regulation. If, after 12 months after the proposal of the amendments, a cooperation agreement has not been amended accordingly, it shall be terminated.
Amendment 663 #
Proposal for a regulation
Annex 1 – indent 6
Annex 1 – indent 6