179 Amendments of Cornelia ERNST related to 2013/0091(COD)
Amendment 133 #
Proposal for a regulation
Recital 8
Recital 8
(8) As crime often occurs across internal borders, Europol should support and strengthen Member State actions and their cooperation in preventing and combating serious crime affecting two or more Member States. As terrorism is one of the most important threats for the security of the Union, Europol should assist Member States in facing common challenges in this regard. As the EU law enforcement agency, Europol should also support and strengthen actions and cooperation on tackling forms of crime that affect the interests of the EU. It should also offer support in preventing and combating related criminal offences which are committed in order to procure the means, to facilitate, to carry out or to ensure the impunity of acts in respect of which Europol is competent.
Amendment 138 #
Proposal for a regulation
Recital 11
Recital 11
(11) To increase the effectiveness of Europol as a hub for information exchange in the Union, clear obligations for Member States to provide Europol with the data necessary for it to fulfil its objectives should be laid down. While implementing such obligations, Member States should pay particular attention to providing data relevant for the fight against crimes considered to be strategic and operational priorities within relevant policy instruments of the Union. Member States should also provide Europol with a copy of bilateral and multilateral exchanges of information with other Member States on crime falling under Europol's objectives. At the same time, Europol should increase the level of its support to Member States, so as to enhance mutual cooperation and sharing of information. Europol should submit an annual report to all Union institutions and to national Parliaments on the extent to which individual Member States provide it with information.
Amendment 148 #
Proposal for a regulation
Recital 19
Recital 19
(19) For the purposes of preventing and combating crime falling under its objectives, it is necessary for Europol to have the fullest and most up-to-date information possible. Therefore, Europol should be able to process data provided to it by Member States, third countries, international organisations and Union bodies as well as coming from publicly available sources, as long as Europol can be considered to be lawful recipient of that data, to develop an understanding of criminal phenomena and trends, to gather information about criminal networks, and to detect links between different offences.
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 152 #
Proposal for a regulation
Recital 23
Recital 23
Amendment 154 #
Proposal for a regulation
Recital 25
Recital 25
(25) To ensure operational effectiveness, Europol should be able to exchange all information, with the exception of personal data, with other Union bodies, law enforcement authorities and law enforcement training institutes of third countries, and international organisations to the extent necessary for the performance of its tasks. Since companies, firms, business associations, non-governmental organisations and other private parties hold expertise and data of direct relevance to the prevention and combating of serious crime and terrorism, Europol should also be able to exchange such data with private parties. To prevent and combat cybercrime, as related to network and information security incidents, Europol should, pursuant to Directive [name of adopted Directive] of the European Parliament and of the Council concerning measures to ensure a high common level of network and information security across the Union,31 cooperate and exchange information, with the exception of personal data, with national authorities competent for the security of network and information systems.
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 160 #
Proposal for a regulation
Recital 29
Recital 29
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 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 179 #
Proposal for a regulation
Recital 41
Recital 41
(41) 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 ProtectionAn independent Joint Supervisory Body should monitor the lawfulness of data processing by Europol exercising its functions with complete independence.
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 182 #
Proposal for a regulation
Recital 42
Recital 42
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 192 #
Proposal for a regulation
Article 1 – title
Article 1 – title
Establishment of the European Union Agency for Law Enforcement Cooperation and Training
Amendment 194 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. A European Union Agency for Law Enforcement Cooperation and Training (Europol) is hereby established to improve mutual cooperation among the competent law enforcement authorities inof the European Union,Member states and to strengthen and support their actions as well as to deliver a coherent European training policy.
Amendment 196 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. Europol, as established by this Regulation, shall replace and succeed Europol as established by Decision 2009/371/JHA, and CEPOL as established by Decision 2005/681/JHA.
Amendment 198 #
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 poublice authorities and other law enforcement servic bodies existing in the Member States which are responsible under national law for preventing and combating criminal offences;
Amendment 202 #
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) ‘'analysis’' means the assembly, processing or usecareful examination of dgatahered information with the aim of assisting criminal investigations;
Amendment 205 #
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘'Union bodies’' means institutions, entities, missions, offices and agencies set up by, or on the basis of the Treaty on European Union and the Treaty on the Functioning of the European Union;
Amendment 206 #
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) ‘'law enforcement officers’' means officers of police, customs and of other relevant services, including Union bodies, responsible for preventing and combating serious crime affecting two or more Member States, terrorism and forms of crime that affect a common interest covered by a Union policy and for civilian crisis management and international policing of major eventscompetent authorities responsible under national law for preventing and combating criminal offences, responsible for preventing and combating serious crime affecting two or more Member States and terrorism;
Amendment 207 #
Proposal for a regulation
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
(f) ‘'international organisations’' means international organisations and their subordinate bodies governed by public law or other bodies governed by public law which are set up by, or on the basis of, an agreement between two or more countries;
Amendment 208 #
Proposal for a regulation
Article 2 – paragraph 1 – point i
Article 2 – paragraph 1 – point i
(i) ‘'personal data’' means any information relating to an identified or identifiable natural person hereinafter referred to as ‘('data subject’'); an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number such as a name, an identification number, location data, unique identifier or to one or more factors specific to his/ther physical, physiological, genetic, mental, economic, cultural or social identityor gender identity of that person;
Amendment 210 #
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;ich the personal data are disclosed
Amendment 213 #
Proposal for a regulation
Article 2 – paragraph 1 – point n
Article 2 – paragraph 1 – point n
(n) ‘'the data subject's consent’' means any freely given specific and, informed and explicit indication of his/ or her wishes by which the data subject, either by a statement or by a clear affirmative action, signifies his/her agreement to personal data relating to him/herthem being processed;
Amendment 216 #
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 serious crime affecting two or more Member States, terrorism and forms of crime which affect a common interest covered by a Union policy and terrorism, as specified in Annex 1.
Amendment 219 #
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 221 #
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) to notify the Member States without delaycompetent authorities of the Member States without delay via their national units, as referred to in Article 7, of information concerning them and of any connections between criminal offences;
Amendment 222 #
Proposal for a regulation
Article 4 – paragraph 1 – point c – introductory part
Article 4 – paragraph 1 – point c – introductory part
(c) to aid and coordinate, organise and implement investigative and operational actionupon request of the Member States, investigations in the Member States, in particular by forwarding all relevant information to the national units, as referred to in Article 7;
Amendment 224 #
Proposal for a regulation
Article 4 – paragraph 1 – point c – point i
Article 4 – paragraph 1 – point c – point i
Amendment 226 #
Proposal for a regulation
Article 4 – paragraph 1 – point c – point ii
Article 4 – paragraph 1 – point c – point ii
Amendment 227 #
Proposal for a regulation
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) to participate in joint investigative teams as well as to propose, upon request by the Member States, as well as to propose to the competent authorities of the Member States that they are set up in specific cases in accordance with Article 5;
Amendment 228 #
Proposal for a regulation
Article 4 – paragraph 1 – point h
Article 4 – paragraph 1 – point h
(h) to provide technical and financial support to Member States' cross-border operations and investigations, including through joint investigative teams where such has been agreed upon by the Member States in accordance with Article 5;
Amendment 229 #
Proposal for a regulation
Article 4 – paragraph 1 – point i
Article 4 – paragraph 1 – point i
Amendment 231 #
Proposal for a regulation
Article 4 – paragraph 1 – point j
Article 4 – paragraph 1 – point j
Amendment 232 #
Proposal for a regulation
Article 4 – paragraph 1 – point k
Article 4 – paragraph 1 – point k
Amendment 233 #
Proposal for a regulation
Article 4 – paragraph 1 – point l
Article 4 – paragraph 1 – point l
(l) to develop Union centres ofassist the Member States in developing centralized and specialised expertise for combating certain types of crime falling under Europol's objectives, in particular the European Cybercrime Centre.
Amendment 238 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. At the same time, Europol shallmay request the National Units of the Member States concerned established on the basis of Article 7(2) to initiate, conduct or coordinate a criminal investigation.
Amendment 243 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. The National Units shall inform Europol without delay of the iniMember States shall give such reasoned requests due consideration and shall, through their National Units, inform Europol whether an investigation of thwill be invesitigationed.
Amendment 245 #
Proposal for a regulation
Article 6 – paragraph 4 – introductory part
Article 6 – paragraph 4 – introductory part
4. If the competent authorities of the Member States concerned decide not to comply with the request made by Europol, they shall provide Europol with the reasons for the decision, within one month of the request. The reasons may be withheld if giving them would:
Amendment 246 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
Amendment 251 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States shall ensure that their National Units are able to fulfil their tasks as set out in this Regulation, in particular that they have access to national law enforcementrelevant national databases.
Amendment 254 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Europol may directly cooperate wiThe national unit shall be the only liaison body between Europol and the competent authorities of the Member States in respect of individual investigations. In that case, Europol shall inform the National Unit without delay and provide a copy of any information exchang. Member States, however, may allow direct contacts between designated competent authorities and Europol subject to conditions determined inby the course of direct contacts between Europol and the respective competent authorities.Member State in question, including prior involvement of the national unit
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 259 #
Proposal for a regulation
Article 7 – paragraph 5 – point a
Article 7 – paragraph 5 – point a
(a) supply Europol with the information necessary for it to fulfil its objectives. This includes providing Europol without delay with information relating to crime areas that are considered a priority by the Union. It alsoIt includes providing a copy of bilateral or multilateral exchanges with another Member State or Member States in so far as the exchange refers to crime that fallis necessary for it to carry out it tasks. In every exchange of information between themselves uander Europol's objectives, the national units shall ensure compliance with Union and national law;
Amendment 262 #
Proposal for a regulation
Article 7 – paragraph 5 – point c
Article 7 – paragraph 5 – point c
Amendment 271 #
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Article 7a Whenever a cooperation between Europol and Member States has been established regarding a specific investigation, clear provisions shall be drawn up between Europol and those Member States involved, outlining the specific tasks to be carried out, the degree of participation with the investigative or judicial proceedings of the Member states, and the division of responsibilities and the applicable law for the purposes of judicial oversight.
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 274 #
Proposal for a regulation
Article 9
Article 9
Amendment 277 #
Proposal for a regulation
Article 10
Article 10
Amendment 279 #
Proposal for a regulation
Article 11
Article 11
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 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 320 #
Proposal for a regulation
Article 20
Article 20
Amendment 322 #
Proposal for a regulation
Article 21
Article 21
Amendment 324 #
Proposal for a regulation
Article 22
Article 22
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 332 #
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, in accordance with Article 34.
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 336 #
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 respecting the data protection principles as laid down in the Directive 95/46/EC and Council Framework Decision 2008/977/JHA. The applicable provisions of such Union, international or national legal instruments shall govern the access to and use of that information by Europol insofar as they provide for stricter rules on access and use than those of this Regulation. The access to such information systems shall be granted only to duly authorised staff of Europol as far as this is necessary for the performance of their tasks.
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 343 #
Proposal for a regulation
Article 24 – paragraph 1 – point a
Article 24 – paragraph 1 – point a
(a) cross-checking solely aimed at identifying possible connections between informationdata provided by a Member State and data already processed by Europol;
Amendment 351 #
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 set out in Art 24 (b) upon a special justification provided by Europol analysts. Such motivation shall be forwarded to the Data Protection Officer and the National Units of the Member States who have provided data for the purpose of strategic or thematic analysis.
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 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 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 370 #
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. Member States shall have indirect access on the basis of a hit/no hit system to information provided for the purposes of Article 24(1)(c), without prejudice to any restrictions indicated by the Member States, Union bodies and third countries or international organisations providing the information, in accordance with Article 25(2). In the case of a hit, Europol shall initiate the procedure by which the information that generated the hit may be shared, in accordance with the decision of the Member State that provided the information to Europol.
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 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 383 #
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. In so far as necessary for the performance of its tasks, Europol may establish and maintain cooperative relations with the Union bodies in accordance with the objectives of those bodies, the law enforcement authorities of third countries, law enforcement training institutes of third countries, international organisations and private parties.
Amendment 386 #
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 strictly necessary for thand proportionate for the legitimate 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 391 #
Proposal for a regulation
Article 29 – paragraph 4 – point a
Article 29 – paragraph 4 – point a
Amendment 396 #
Proposal for a regulation
Article 29 – paragraph 5
Article 29 – paragraph 5
5. Onward transfers of personal data by Member States, Union bodies, third countries and international organizations shall be prohibited unless Europol has given its explicit consent and the recipient abides by the strict purpose limitation.
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 407 #
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 1 – introductory part
Article 31 – paragraph 1 – subparagraph 1 – introductory part
Europol may transfer personal data to an authority of a third country or to an international organisation, in so far as this is necessary for it to perform its tasksa specific case, on the basis of:
Amendment 412 #
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 2
Article 31 – paragraph 1 – subparagraph 2
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 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 428 #
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 on important public interest grounds of the Member States, or for the establishment, exercise or defence of legal claims; or
Amendment 434 #
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 440 #
Proposal for a regulation
Article 31 – paragraph 3 a (new)
Article 31 – paragraph 3 a (new)
3a. Europol shall keep documentation of all transfers under paragraphs 1 and 2 of this Article.
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 445 #
Proposal for a regulation
Article 32 – paragraph 4
Article 32 – paragraph 4
Amendment 448 #
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 manner;
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 464 #
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 468 #
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 470 #
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 474 #
Proposal for a regulation
Article 35 – paragraph 6
Article 35 – paragraph 6
6. Information from publicly-available sources shall be assessed by Europol using the evaluation codes set out in paragraphs 1 and 2. Where it is not possible to verify the reliability of the source of information, it shall always be code (X) and (4), as applicable according to 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 482 #
Proposal for a regulation
Article 36 – paragraph 4
Article 36 – paragraph 4
4. No decision which produces legal effects or otherwise significantly concernings 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 Supervisor.
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 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 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 507 #
Proposal for a regulation
Article 39 – paragraph 1 – point a
Article 39 – paragraph 1 – point a
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 519 #
Proposal for a regulation
Article 39 – paragraph 5 – introductory part
Article 39 – paragraph 5 – introductory part
5. Access to personal data shall be refused or restricted, if it constitutes aProvision of information in response to a request pursuant to this Article may only be refused or restricted to the extent that such restriction, partial or complete refusal is necessary measure to:
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 522 #
Proposal for a regulation
Article 39 – paragraph 5 – subparagraph 1 (new)
Article 39 – paragraph 5 – subparagraph 1 (new)
Any decision on the restriction or refusal of the information requested should take into account the fundamental rights and interests of the data subject.
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 532 #
Proposal for a regulation
Article 41 – paragraph 4 – introductory part
Article 41 – paragraph 4 – introductory part
4. The responsibility for the legality of transferapplicable data protection principles shall lie:
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 536 #
Proposal for a regulation
Article 41 – paragraph 5 a (new)
Article 41 – paragraph 5 a (new)
5a. Where data has been received directly from private parties or natural persons, Europol shall be responsible for the application of data protection principles.
Amendment 538 #
Proposal for a regulation
Article 42 – paragraph 1 – introductory part
Article 42 – paragraph 1 – introductory part
1. The processing of personal data which will form part of a new filing system to bein any set of processing operations that serve a single or several related purposes in relation to its coreated activities shall be subject to prior checking where:
Amendment 540 #
Proposal for a regulation
Article 42 – paragraph 3 – subparagraph 1
Article 42 – paragraph 3 – subparagraph 1
The European Data Protection Supervisor shall deliver his/her opinion within two months following receipt of the notification. This period may be suspended at any time until the European Data Protection Supervisor has obtained any further information that he/she 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 Supervisor. No more than two extensions shall be possible. This decision shall be notified to Europol prior to expiry of the initial two-month period.
Amendment 542 #
Proposal for a regulation
Article 42 – paragraph 3 – subparagraph 2
Article 42 – paragraph 3 – subparagraph 2
Amendment 546 #
Proposal for a regulation
Article 44 – paragraph 4
Article 44 – paragraph 4
4. The Data Protection Officer shall be appointed for a term of between two and five years. He/she shall be eligible for reappointment up to a maximum total term of ten years. He/she may be dismissed from the post of Data Protection Officer by the Community institution or body which appointed him/her only with the consent of the European Data Protection Supervisor, if he/she no longer fulfils the conditions required for the performance of his/her duties.
Amendment 547 #
Proposal for a regulation
Article 44 – paragraph 5
Article 44 – paragraph 5
5. After his/her appointment the Data Protection Officer shall be registered with the European Data Protection Supervisor by the institution or body which appointed him/her.
Amendment 553 #
Proposal for a regulation
Article 44 – paragraph 7 – point f a (new)
Article 44 – paragraph 7 – point f a (new)
(fa) act as a contact point for access requests pursuant to Article 39.
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 562 #
Proposal for a regulation
Article 44 – paragraph 11
Article 44 – paragraph 11
11. The Management Board shall adopt implementing rules concerning the Data Protection Officer. Those implementing rules shall in particular concern the selection procedure for the position of the Data Protection Officer and his/her dismissal, tasks, duties and powers and safeguards for independence of the Data Protection Officer. Europol shall provide the Data Protection Officer with the staff and resources necessary for him/her to carry out his/her duties. These staff members shall have access to the personal data processed at Europol and to Europol premises only to the extent necessary for the performance of their tasks.
Amendment 567 #
Proposal for a regulation
Article 46 – title
Article 46 – title
Supervision by the European Data ProtectionIndependent Joint Supervisory Body
Amendment 569 #
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
1. The European Data ProtectionAn independent Joint Supervisory Body 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 subjects on all matters concerning the processing of personal data. To this end, he/ sheit shall fulfil the duties set out in paragraph 2 and shall exercise the powers granted in paragraph 3. The Joint Supervisory Body shall be composed of the European Data Protection Supervisor and of a maximum of two members or representatives from the independent national data protection supervisory authorities from each Member State. Those members or representatives shall have the necessary abilities and shall be appointed for five years. The European Data Protection Supervisor and each delegation shall be entitled to one vote. The Joint Supervisory Body shall choose a chairman from among its members. In the performance of their duties, the members of the Joint Supervisory Body shall not receive instructions from any other body. The Joint Supervisory Body shall adopt its rules of procedure by a majority of two thirds of its members.
Amendment 572 #
Proposal for a regulation
Article 46 – paragraph 2 – introductory part
Article 46 – paragraph 2 – introductory part
2. The European Data ProtectionJoint Supervisory Body shall have the following duties under this Regulation:
Amendment 575 #
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 578 #
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 580 #
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 583 #
Proposal for a regulation
Article 46 – paragraph 3 – introductory part
Article 46 – paragraph 3 – introductory part
3. The European Data ProtectionJoint Supervisory Body may under this Regulation:
Amendment 589 #
Proposal for a regulation
Article 46 – paragraph 4 – introductory part
Article 46 – paragraph 4 – introductory part
4. The European Data ProtectionJoint Supervisory Body shall have the power:
Amendment 591 #
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 596 #
Proposal for a regulation
Article 46 – paragraph 5
Article 46 – paragraph 5
5. The European Data ProtectionJoint Supervisory Body shall draw up an annual report on the supervisory activities on Europol. This report shallmay be part of the annual report of the European Data Protection Supervisor referred to in Article 48 of Regulation (EC) No 45/2001.
Amendment 601 #
Proposal for a regulation
Article 47 – title
Article 47 – title
Cooperation between the European Data ProtectionJoint Supervisory Body and national data protection authorities
Amendment 603 #
Proposal for a regulation
Article 47 – paragraph 1
Article 47 – paragraph 1
1. The European Data ProtectionJoint Supervisory Body shall act in close cooperation with national supervisory authorities on specific issues requiring national involvement, in particular if the European Data ProtectionJoint Supervisory Body 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 Regulation.
Amendment 605 #
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
2. In the cases referred to in paragraph 1, the European Data ProtectionJoint Supervisory Body and the national supervisory authorities 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.
Amendment 607 #
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 615 #
Proposal for a regulation
Article 49 – title
Article 49 – title
Right to lodge a complaint with the European Data ProtectionIndependent Joint Supervisory Body
Amendment 616 #
Proposal for a regulation
Article 49 – paragraph 1
Article 49 – paragraph 1
1. Any data subject shall have the right to lodge a complaint with the European Data ProtectionJoint Supervisory Body, if he/she considers that the processing of personal data relating to him/her does not comply with the provisions of this Regulation.
Amendment 618 #
Proposal for a regulation
Article 49 – paragraph 2
Article 49 – paragraph 2
2. Where a complaint relates to a decision as referred to in Article 39 or 40, the European Data ProtectionJoint Supervisory Body shall consult the national supervisory bodies or the competent judicial body in the Member State that was the source of the data or the Member State directly concerned. The decision of the European Data ProtectionJoint Supervisory Body, 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.
Amendment 620 #
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 dataJoint Supervisory Body, 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 622 #
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, the European Data Protection or to data retrieved by Europol from public available sources, the Joint Supervisory Body shall ensure that Europol has carried out the necessary checks. his duties set out in the provisions of this Regulation in a satisfactory manner.
Amendment 623 #
Proposal for a regulation
Article 50 – title
Article 50 – title
Right to a judicial remedy against the European Data ProtectionJoint Supervisory Body
Amendment 624 #
Proposal for a regulation
Article 50 – paragraph 1
Article 50 – paragraph 1
Actions against the decisions of the European Data ProtectionJoint Supervisory Body shall be brought before the Court of Justice of the European Union.
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 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 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 647 #
Proposal for a regulation
Article 73 – paragraph 3
Article 73 – paragraph 3
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 652 #
Proposal for a regulation
Article 74 – paragraph 1
Article 74 – paragraph 1
Amendment 654 #
Proposal for a regulation
Article 75 – paragraph 4
Article 75 – paragraph 4
Amendment 657 #
Proposal for a regulation
Article 77 – paragraph 1
Article 77 – paragraph 1
This Regulation replaces and repeals Decision 2009/371/JHA and Decision 2005/681/JHA.
Amendment 659 #
Proposal for a regulation
Article 78 – paragraph 1
Article 78 – paragraph 1
1. All legislative measures implementing the Decisions 2009/371/JHA and Decision 2005/681/JHA are repealed with effect from the date of application of this Regulation.
Amendment 661 #
Proposal for a regulation
Article 78 – paragraph 2
Article 78 – paragraph 2
2. All non-legislative measures implementing Decision 2009/371/JHA which sets up the European Police Office (Europol) and Decision 2005/681/JHA which sets up CEPOL shall remain in force following the [date of application of this Regulation], unless otherwise decided by the Management Board of Europol in the implementation of this Regulation..
Amendment 663 #
Proposal for a regulation
Annex 1 – indent 6
Annex 1 – indent 6
Amendment 664 #
Proposal for a regulation
Annex 1 – indent 17
Annex 1 – indent 17
Amendment 666 #
Proposal for a regulation
Annex 2 – section 2 – point 1 – point e
Annex 2 – section 2 – point 1 – point e
(e) contacts and associates; and
Amendment 667 #
Proposal for a regulation
Annex 2 – section 2 – point 3 – introductory part
Annex 2 – section 2 – point 3 – introductory part
3. ‘Contacts and aAssociates’, as referred to in paragraph 1 point (e), are persons through whom there is sufficient reason to believe that information, which relates to the persons referred to in paragraph 1 point (a) and (b) of this Annex and which is relevant for the analysis, can be gained, provided they are not included in one of the categories of persons referred to in paragraphs 1 (a), (b), (c), (d) and (f). ‘Contacts’ are those persons who have sporadic contact with the persons referred to in paragraph 1 point (a) and (b). ‘Associates’ are those persons who have regular contact with the persons referred to in paragraph 1 point (a) and (b).