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Activities of Cornelia ERNST related to 2022/2025(INI)

Shadow reports (1)

REPORT on a European Parliament recommendation to the Council and the Commission on the negotiations for a cooperation agreement between the European Union and the International Criminal Police Organization (ICPO-INTERPOL)
2022/06/30
Committee: LIBE
Dossiers: 2022/2025(INI)
Documents: PDF(226 KB) DOC(79 KB)
Authors: [{'name': 'Jadwiga WIŚNIEWSKA', 'mepid': 124877}]

Amendments (37)

Amendment 2 #
Motion for a resolution
Citation 3
— having regard to the Charter of Fundamental Rights of the European Union, and in particular Articles 7, 8 and 852 thereof,
2022/05/19
Committee: LIBE
Amendment 9 #
Motion for a resolution
Recital A
A. whereas present-day terrorism and organised crime are becoming increasingly dynamic, complex, globalised, mobile and mainly transnational phenomena, which require a robust response and more effective, coordinated EU cooperation with international law enforcement authorities and bodies such as the International Criminal Police Organization (Interpol); whereas the 2020 EU Security Union strategy calls on the Member States to step up cooperation between the EU and Interpol, as this is essential to enhancing cooperation and information exchange;
2022/05/19
Committee: LIBE
Amendment 17 #
Motion for a resolution
Recital B
B. whereas international cooperation is a main component of effective law enforcement and judicial cooperation, especially if it involves the processing and sharing of personal data; whereas bilateral agreements with key partners play an important role in obtaining information and evidence from beyond the EU;
2022/05/19
Committee: LIBE
Amendment 21 #
Motion for a resolution
Recital C
C. whereas Interpol is one of the largest inter-governmental criminal police organisations and has an important role to play all over the world; whereas the Commission, on behalf of the EU, is seeking reinforced cooperation with Interpol, including access to Interpol databases and the strengthening of operational and strategic cooperation: whereas it is paramount to ensure that all cooperation and exchange of data, respect fundamental rights, including the right to data protection and privacy, and that all the necessary measures are put in place to guarantee the integrity and correctness of data in practicethe used data;
2022/05/19
Committee: LIBE
Amendment 25 #
Motion for a resolution
Recital D
D. whereas the EU and Interpol already have long-standing cooperation in a range of law enforcement-related areas through the operational implementation of the EU policy cycle - EMPACT (European Multidisciplinary Platform Against Criminal Threats) and by supporting the activities of Member States in cooperation with EU agencies, such as the EU Agency for Law Enforcement Cooperation (Europol), the European Border and Coast Guard Agency (Frontex), the EU Agency for Law Enforcement Training (CEPOL), the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA), the EU Agency for the Operational Management of Large-Scale IT Systems in the Area of Freedom, Security and Justice (eu-LISA), on the basis of agreements or working arrangements; whereas on 5 November 2001, Europol and Interpol signed an operational agreement followed by a memorandum of understanding allowing the transfer of personal data through their respective liaison officers; whereas on 27 May 2009 Frontex signed a working agreement with Interpol establishing a framework for cooperation with the objective of facilitating the prevention, detection and combating of cross-border crime and improving border security to combat illegal immigration, people smuggling and trafficking in human beings;
2022/05/19
Committee: LIBE
Amendment 27 #
Motion for a resolution
Recital E
E. whereas Interpol’s 19 databases, which include potentially valuable information, are directly accessible by EU Member States as member countries of Interpol, while EU agencies such as Frontex, the EU Agency for Criminal Justice Cooperation (Eurojust) and the European Public Prosecutor’s Office (EPPO) currently do not have any access to these databases – either directly or on a ‘hit/no hit’ basis – due to the lack of an agreement with Interpol, which is required for this purpose under Interpol’s rules on the processing of data;
2022/05/19
Committee: LIBE
Amendment 32 #
Motion for a resolution
Recital F
F. whereas currentin the cooperation between the EU and Interpol should be stepped up and extended to new areas; whereas procedures should be improved, accelerated and streamlined to address a series of indispensable operational needs in order to facilitate swift access to information related to counter-terrorism including Interpol notices containing information on terrorists in order to increase cooperation to counter shared threats such as terrorism, organised crime, cybercrime, child sexual abuse and trafficking in human beings;
2022/05/19
Committee: LIBE
Amendment 39 #
Motion for a resolution
Recital H
H. whereas the new agreement should establish a modern and coherent framework for the EU’s agencies’ cooperation with Interpol, taking into account the latest developments in combating terrorism and cross-border, transnational, serious and organised crime; whereas the agreement should respond to current operational needs, as well as to the EU’s latest data protection regime and provide the legal basis for the exchange of operational information and access to relevant Interpol databasesand cooperation should be based on the already existing mandate and modalities of existing relevant EU Regulations and respective agencies mandate;
2022/05/19
Committee: LIBE
Amendment 46 #
Motion for a resolution
Recital J
J. whereas according to the negotiation mandate the new agreement should regulate cooperation between Europol, the EPPO, Eurojust and Frontex and provide direct access by these agencies and Member States for purposes strictly linked to the performance of their tasks as regulated in their respective current Regulations to two of Interpol’s databases - the Stolen and Lost Travel Document (SLTD) and Travel Document Associated With Notices (TDAWN) databases via the European Search Portal (ESP), in compliance with EU data protection requirements and with respect of fundamental rights;
2022/05/19
Committee: LIBE
Amendment 53 #
Motion for a resolution
Recital K
K. whereas international organisations and non-governmental organisations continue to report abuses by some statmember countries of Interpol’s notice system in order to persecute national human rights defenders, civil society activists and journalists in violation of international standards on human rights; whereas according to reports by international actors, Interpol has significantly reformed and strengthenedpresented some efforts to reform its red notices review processes, as well as its support systems for national central bureaus in member countries, to reformed the setup and functioning of the Commission for the Control of Files, to enforcinge its complaints mechanism, and has appointed a data protection officer and started the implementedation of a learning and knowledge-sharing programme;
2022/05/19
Committee: LIBE
Amendment 64 #
Motion for a resolution
Recital L
L. whereas Russia still remains a member of Interpol and whereas cooperation with the European Union and Interpol members is based on trust; whereas trust between parties relies on the swift tackling of misuse of Interpol notices by countries seeking to use Interpol systems for political ends; whereas, in this context, Interpol’s systems must respect human rights and the rule of law, and uphold its commitments on prohibiting political, religious or military abuse;
2022/05/19
Committee: LIBE
Amendment 70 #
Motion for a resolution
Paragraph 1
1. Recalls that European values andU fundamental rights and data protection compliance must be the basis of European security policies, ensuring respect forcompliance with the principles of necessity, proportionality and legality and safeguardguaranteeing accountability and judicial redress, while enablsuring effective protection of individuals and their fundamental rights, particularly the most vulnerable; recalls, further, that these principle compliance with these rights and principles including the right to privacy and EU data protection requirements should be at the core of the development of digitalisation in the area of justice and security and the development of the interoperability framework for the many systems in justice and security, including borders;
2022/05/19
Committee: LIBE
Amendment 75 #
Motion for a resolution
Paragraph 1 a (new)
1 a. Deplores that the Commission did not carry out an in-depth fundamental rights impact assessment; deplores that is in particular regrettable in light of the heterogenic nature of the envisaged agreement, meaning the choice of dealing with all aspects of the cooperation with a unique mandate and under one legal text.
2022/05/19
Committee: LIBE
Amendment 80 #
Motion for a resolution
Paragraph 2
2. Recommends that the Commission follow the Council’s approach and duly takes into account the difference between judicial cooperation in criminal matters and police cooperation, on the one hand, and border management on the other hand;
2022/05/19
Committee: LIBE
Amendment 82 #
Motion for a resolution
Paragraph 3
3. Recommends that the Commission ensure access to Interpol’s different databases on the basis of the needs and scope of competefor purposes strictly linked to the performances of the different EU agencies; recalls that Interpol’s databases contain millir tasks as regulated in their respective current Regulations of; records with information that could directly help to combat appalling crimes, such as child sexual exploitation, on which Interpol’s database mmends that the agreement should clearly set out which EU agencies shoulds more than 2.7 million images and videos and of which the database has helped identify 23 564 victims worldwide have access rights for which of their specific tasks;
2022/05/19
Committee: LIBE
Amendment 86 #
Motion for a resolution
Paragraph 4
4. Recommends that the Commission provideguarantees during the negotiations on controlled access to Interpol’s databases by EU Member States and EU agencies the necessary safeguards and guarantees to ensure full compliance with the EU data protection framework and fundamental rights; stresses that the agreement should at least provide the safeguards already provided by the Europolnot undermine the level of protection set out in the EU data protection framework as well as the relevant Regulations of the EU agencies, in particular the Europol, Eurojust and EPPO Regulations;
2022/05/19
Committee: LIBE
Amendment 97 #
Motion for a resolution
Paragraph 6
6. RecommendsInsists on the adoption of the safeguards and guarantees needed to authorise the European Travel Information and Authorisation System (ETIAS) Central Unit established within Frontex and EU Member States to access Interpol’s SLTD and TDAWN databases via the ESP, as well as of the safeguards and guarantees needed to efficiently implement the revised Visa Information System Regulation that authorises EU Member States to access Interpol’s SLTD and TDAWN databases via the ESP when examining applications for visas or residence permits, in full compliance with EU data protection requirements and with fundamental rights; Insists that, in case of a hit, no information is to be shared with the Interpol or the owner of the data inserted in Interpol and recalls that, as foreseen in the ETIAS and VIS Regulations, until this is agreed and practically guaranteed, the two systems will not be checking against the Interpol databases;
2022/05/19
Committee: LIBE
Amendment 100 #
Motion for a resolution
Paragraph 6 a (new)
6 a. Recommends to the Commission to ensure that the agreement does not constitute an obligation for EU agencies to cooperate with Interpol, besides what is regulated in the agreement and is under their mandate in the current legislative framework.
2022/05/19
Committee: LIBE
Amendment 102 #
Motion for a resolution
Paragraph 7
7. RecommendInsists that the Commission ensure that the level of personalhas to ensure compliance with EU data protection stand the protection ofards, and individuals’ fundamental rights and freedoms currently guaranteed under EU primary and secondary law is maintained in exchanges of personal datan processing personal data within the framework of the agreement with Interpol; the Commission’s negotiation strategy should not lead to aguarantee that there is no weakening of the fundamental rights and freedoms of natural persons, and in particular of their rights to data protection and to privacy as guaranteed in EU primary and secondary law;
2022/05/19
Committee: LIBE
Amendment 107 #
Motion for a resolution
Paragraph 8
8. Recommends that the Commission guarantees that in the case the agreement could provide a legal basis for transfer of personal data to Interpol, the agreement would be legally binding and enforceable against all parties to the agreement and that it includes the necessary data protection safeguards as set out in Article 46, 4, 5 and 10 of Regulation (EU) 2018/1725; that the transfer of personal data is adequate, relevant and limited to what is necessary for the purpose for which it has been transferred; and that data subjects are ensured enforceable and effective rights;
2022/05/19
Committee: LIBE
Amendment 112 #
Motion for a resolution
Paragraph 9
9. Recommends that the Commission guarantee that the processing of data is limited in time and to what is strictly necessary in individual cases for the specific purposes of the agreement and that any further data processing incompatible with the initial purpose isand extension of data retention period are prohibited; the agreement has to clearly indicate that decisions based solely on the automated processing of personal information without human involvement are not allowed;
2022/05/19
Committee: LIBE
Amendment 119 #
Motion for a resolution
Paragraph 10
10. Recommends that the Commission ensure an oversight system for the use by Interpol of personal data collected by consulting EU systems the establishment of a monitoring system, including of the processing of data by Interpol under this agreement; and that the Commissions ensures provisions on the obligation of Interpol to notify in the event of a personal data breach or a security incident relating to the Interpol data or the databases;
2022/05/19
Committee: LIBE
Amendment 122 #
Motion for a resolution
Paragraph 11
11. Recommends that the Commission guarantee that data is not retained for longer than is necessary for the purpose for which it was transferred; in this context the agreement has to provide that the rules on storage, including storage limitation, on review, correction and deletion of personal data are clear, specific to each case and in line with the current relevant EU legislation;
2022/05/19
Committee: LIBE
Amendment 126 #
Motion for a resolution
Paragraph 12
12. Recommends that the Commission ensure thenforceable and effective rights to administrative and judicial redress for all data subjects meaning any person whose data areis processed under this agreement and that it guaranteeing effective remedies;
2022/05/19
Committee: LIBE
Amendment 132 #
Motion for a resolution
Paragraph 13
13. Stresses that cooperation and information sharing are important tools to combat crime and terrorism and pursue justice, but they need to be targeted and used with common safeguards and checks, but they need to be targeted and used in full compliance with fundamental rights and with oversight; underscores that they should addresre are various fundamental rights challenges in this regard, in particular by enhancing data quality, mitigating discriminatory biases, detecting errors and avoiding any form of discrimination in the decision- making process;
2022/05/19
Committee: LIBE
Amendment 134 #
Motion for a resolution
Paragraph 14
14. Recommends that particular attention should be paid to fundamental rights challenges and the necessity of adequate mitigating measures and non- discrimination mechanisms as well as enhanced data quality and protection with a view to the establishment of frameworks for interoperability between EU information systems and future interoperability with the non-EU systems and databases in the fields of police and judicial cooperation, asylum and migration, as well as integrated borders management and visas, providing a pivotal legislative framework for current and future developments in the EU’s digital infrastructureconcluding an agreement with Interpol;
2022/05/19
Committee: LIBE
Amendment 136 #
15. Recommends that in view of the rules governing access to data and information sharing in the different EU systems and databases, the terms of the future cooperation agreement with Interpol should provide the safeguards and guarantees needed to give controlled access to Interpol’s databases via the ESP by Member States and EU agencies as required to carry out their tasks, in line with their access rights andrecommends that the agreement should clearly set out which EU agencies should have access rights for which of their specific tasks, in line with their mandates and current access rights in accordance with the existing EU or national law covering such access and in full compliance with EU data protection requirements and fundamental rights;
2022/05/19
Committee: LIBE
Amendment 142 #
Motion for a resolution
Paragraph 17 a (new)
17 a. Stresses that the Commission shall ensure that the agreement clarifies that there will be no reciprocal, direct or indirect access by Interpol to the EU databases;
2022/05/19
Committee: LIBE
Amendment 143 #
Motion for a resolution
Paragraph 18
18. Recalls that according to the EU’s current legislative framework, the transfer of personal data from the EU to a third countriesy or and international organisations is allowed only if the recipients of this information are able to guarantee may only take place where the Commission has decided that the third country, a territory or one or more specified sectors within that third country, or the international organisation in question ensures an adequate level of personal data protection; recommends in this context that in the absence of an adequacy decision onregarding Interpol, the agreement shcould constitute the legal basis allowingfor the transfer of personal data to Interpol, provided that it is legally binding and enforceable against all parties to the agreement and that it includes appropriateneccesary data protection safeguards; as set out in Article 46, 4, 5 and 10 of Regulation (EU) 2018/1725;
2022/05/19
Committee: LIBE
Amendment 150 #
Motion for a resolution
Paragraph 19
19. Recommends limiting the application of derogations for onward transfers to the cases already allowed for EU agencies and bodies concerned when transferring personal data; recalls that it must be ensured that the specific requirements set up under the Regulations establishing the concerned EU agency or office are respected;
2022/05/19
Committee: LIBE
Amendment 153 #
Motion for a resolution
Paragraph 20
20. Recommends that the agreement ensure that transfers must be necessary for the purposes specified in the agreement, namely prevention, investigation, detection or prosecution of criminal offences, safeguarding against threats to public security and protecting external borders;
2022/05/19
Committee: LIBE
Amendment 156 #
Motion for a resolution
Paragraph 21
21. Recommends that the agreement explicitly lay down that personal data transferred by the EU to InterpolEU Member States or EU agencies to Interpol will be subject to confidentiality obligations and will not be used to request, hand down or execute a death penalty or any form of cruel and inhuman treatment;
2022/05/19
Committee: LIBE
Amendment 161 #
Motion for a resolution
Paragraph 22
22. Stresses, with a view to future cooperation, that despite recent reforms transparency remains a challengestrong concerns and challenges remain regarding the lack of transparency of procedures both at the individual and the organisational level in Interpol, as does asuch as lack of available statistical information on the operation of its red notices systems; encouragesand diffusions systems; Calls on the Commission, therefore, to take actions to ensure that Interpol further develops the legal framework and substantive tools such as vetting procedures for red notices and diffusions allowing consistent and transparent processing of requests, reviews, challenges, corrections and deletions;
2022/05/19
Committee: LIBE
Amendment 166 #
Motion for a resolution
Paragraph 22 a (new)
22 a. Recalls that the EU is Interpol’s largest funder; recommends to the Commission to strongly advocate for stronger oversight and transparency at the organisational and individual level of Interpol when it comes to red notices and diffusions.
2022/05/19
Committee: LIBE
Amendment 182 #
Motion for a resolution
Subheading 5
Russiadeleted
2022/05/19
Committee: LIBE
Amendment 184 #
Motion for a resolution
Paragraph 24
24. Notes the announcement by Interpol’s Secretary-General that it would implement enhanced monitoring measures to identify and prevent further abuse of Interpol’s systems by Russia; remains concerned, however, that monitoring alone will not fully mitigate the risks of Russian abuse; stresses, therefore, that given the current special circumstances Interpol should take immediate and firm measures to exclude the Russian Federation from the organisation;
2022/05/19
Committee: LIBE
Amendment 195 #
Motion for a resolution
Paragraph 25
25. RStrongly recommends providing for the possibility of suspending or terminating the agreement in cases of breaches of its provisions on personal data by one of the parties, specifying that personal data falling within the scope of the agreement transferred prior to its suspension or termination may continue to be processed in accordance with the terms of the agreement;
2022/05/19
Committee: LIBE