BETA

60 Amendments of Eva JOLY related to 2013/0256(COD)

Proposal for a regulation
Recital 5

(5) Whilst the European Public Prosecutor's Office should have exclusive competence to investigate and prosecute crimes affecting the Union's financial interests, Eurojust should be able to support national authorities when they are investigating and prosecuting these forms of crime in accordance with the Regulation establishing the European Public Prosecutor's Office.deleted

2017/09/05
Committee: LIBE

Proposal for a regulation
Recital 5 a (new)

(5a) Considering the creation of the European Public Prosecutor’s Office by means of an enhanced cooperation, the division of competences between that Office and Eurojust with respect to crimes affecting the financial interests of the Union needs to be clearly established. Eurojust should be able to exercise its competence in such cases where they involve both Member States participating in enhanced cooperation on the establishment of the European Public Prosecutor’s Office and Members States which do not. In such cases, Eurojust should act at the request of those non- participating Member States or at the request of the European Public Prosecutor’s Office. Eurojust remains in any case competent for offences affecting the financial interest of the Union whenever the European Public Prosecutor’s Office is not competent or, being competent, does not exercise its competence. The Members States which do not participate in enhanced cooperation on the establishment of the European Public Prosecutor’s Office may continue to request Eurojust’s support in all cases regarding offences affecting the financial interest of the Union

2017/09/05
Committee: LIBE

Proposal for a regulation
Recital 20

(20) ~~Whilst t~~The processing of personal data at Eurojust falls under the scope of Regulation (EC) 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data13 ~~, t~~. The processing of personal data by the Member State's authorities and the transfer of such data to Eurojust arfalls under the sco~~vered by the Council of Europe Convention 108 [to be replaced by the relevant Directive in force at the moment of adoption]. _________________ 13~~pe of Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA. Any processing of personal data carried out by the Member State's authorities that does not fall under the scope of Directive (EU) 2016/680, and the transfer of such data to Eurojust, should be in accordance with the General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC) . _________________ 13 OJ L 8, 12.1.2001, p. 1 OJ L 8, 12.1.2001, p. 1

2017/09/05
Committee: LIBE

Proposal for a regulation
Recital 21

(21) When Eurojust transfers personal data to an authority of a third country or to an international organisation or, including Interpol, by virtue of an international agreement concluded pursuant to Article 218 of the Treaty the adequate safeguards adduced with respect to the protection of privacy and fundamental rights and freedoms of individuals have to ensure that the data protection provisions of this Regulation are complied with, it should respect Union law on data transfers, including the safeguards in Directive (EU) 2016/680 or Regulation (EU) 2016/679.

2017/09/05
Committee: LIBE

Proposal for a regulation
Recital 23

(23) Eurojust should be given the opportunity to extend the deadlines for storage of personal data, subject to observance of the purpose limitation principle applicable to processing of personal data in the context of all activities of Eurojust, in order to achieve its objectives. Such decisions should be taken following careful consideration of all interests at stake, including those of the data subjects. Any extension of deadlines for processing personal data, where prosecution is statute barred in all Member States concerned, should be ~~decide~~formally decided, with giving reasons, and only where there is a specific and clearly justifiable need to provide assistance under this Regulation.

2017/09/05
Committee: LIBE

Proposal for a regulation
Recital 25 a (new)

(25a) The European Public Prosecutor should have the right to participate in all Eurojust meetings provided that matters which the Prosecutor considers relevant to the functioning of the European Public Prosecutor’s Office are discussed.

2017/09/05
Committee: LIBE

Proposal for a regulation
Recital 26

(26) To enhance operational cooperation between Eurojust and Europol, and particularly to establish links between data already in the possession of either body, Eurojust should enable Europol to have access to and be able to search against data available at Eurojust, and reciprocally, in conformity with their respective mandates, and in full respect of data protection rules and in particular the principle of purpose limitation. Any access to data should be limited to information falling within the respective mandates of those Union bodies and be subject to appropriate safeguards.

2017/09/05
Committee: LIBE

Proposal for a regulation
Article 2 – paragraph 1

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

2017/09/05
Committee: LIBE

Proposal for a regulation
Article 3 – paragraph 1

1. Eurojust's competence shall cover the forms of crime listed in Annex 1. However, ~~its competence shall not include the crimes for which the European Public Prosecutor's Office is competent~~Eurojust shall not exercise its competence with regard to crimes for which the European Public Prosecutor's Office exercises its competence, except in cases also involving Member States participating in enhanced cooperation, but in respect of which the European Public Prosecutor's Office does not exercise its competence, or involving Member States which do not participate in enhanced cooperation on the establishment of that Office. To this end, Eurojust, the European Public Prosecutor's Office and the Member States concerned shall consult and cooperate with each other. The practical details on the exercise of competence in accordance with this paragraph shall be regulated by a working arrangement as referred to in Article 38(2a).

2017/09/05
Committee: LIBE

Proposal for a regulation
Article 4 – paragraph 1 – point a

a) inform the competent authorities of the Member States and the European Public Prosecutor’s Office of investigations and prosecutions of which it has been informed and which have repercussions at Union level or which might affect Member States other than those directly concerned;

2017/09/05
Committee: LIBE

Proposal for a regulation
Article 4 – paragraph 1 – point b

b) assist the competent authorities of the Member States in ensuring the ~~best possible~~ coordination of investigations and prosecutions;

2017/09/05
Committee: LIBE

Proposal for a regulation
Article 4 – paragraph 1 – point c

c) ~~give assistance in order to~~ improve cooperation between the competent authorities of the Member States, in particular on the basis of Europol's analyses;

2017/09/05
Committee: LIBE

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

e a) support, and where appropriate participate in, the Union centres of specialised expertise developed by Europol and other Union bodies and agencies;

2017/09/05
Committee: LIBE

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

e b) cooperate closely with and assist the European Public Prosecutor’s Office in accordance with Article 41.

2017/09/05
Committee: LIBE

Proposal for a regulation
Article 12 – paragraph 3

3. The European Public Prosecutor shall receive the agendas of all College meetings and shall be entitled to participate in such meetings, with~~out~~ the right to vote, whenever issues are discussed which he or she considers to be of relevance for the functioning of the European Public Prosecutor's Office.

2017/09/05
Committee: LIBE

Proposal for a regulation
Article 16 – paragraph 7

7. The European Public Prosecutor shall receive the agendas of all Executive Board meetings and shall be free to participate in such meetings, with~~out~~ the right to vote, whenever issues are discussed which he or she considers to be of relevance for the functioning of the European Public Prosecutor's Office.

2017/09/05
Committee: LIBE

Proposal for a regulation
Article 21 – paragraph 1

1. The competent authorities of the Member States shall exchange with Eurojust any information necessary for the performance of its tasks in accordance with Articles 2 and 4 as well as with ~~the rules~~Union law on data protection ~~set out in this Regulation~~. This shall at least include the information referred to in paragraphs 5, 6 and 7.

2017/09/05
Committee: LIBE

Proposal for a regulation
Article 21 – paragraph 5

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

2017/09/05
Committee: LIBE

Proposal for a regulation
Article 23 – paragraph 1

The competent national authorities shall respond without undue delay to Eurojust's requests and opinions made under Article 4. Where the competent authorities of the Member States concerned decide not to comply with a request referred to in Article 4(2) or decide not to follow a written opinion referred to in Article 4(4) or (5), they shall inform Eurojust without undue delay of their decision and of the reasons for it. Where it is not possible to give the reasons for refusing to comply with a request because to do so would harm essential national security interests or would jeopardise the safety of individuals, the competent authorities of the Member States may cite operational reasons.

2017/09/05
Committee: LIBE

Proposal for a regulation
Article 24 – paragraph 2 – point c

c) facilitate the monitoring of lawfulness and compliance with ~~the provisions of this Regulation~~Union law concerning the processing of personal data.

2017/09/05
Committee: LIBE

Proposal for a regulation
Article 24 – paragraph 4

4. The index shall contain references to temporary work files processed within the framework of Eurojust and may contain no personal data other than those referred to in point~~s (1)(a) to (i), (k) and (m) and~~ (2) of Annex 2.

2017/09/05
Committee: LIBE

Proposal for a regulation
Article 24 – paragraph 6

6. For the processing of operational personal data, Eurojust may not establish any automated data file other than the Case Management System ~~or a temporary work file~~.

2017/09/05
Committee: LIBE

Proposal for a regulation
Article 25 – paragraph 3

3. The national member who has opened a temporary work file shall decide which information related to this temporary work file, and in accordance with Article 24(4), shall be introduced in the index.

2017/09/05
Committee: LIBE

Proposal for a regulation
Article 27 – paragraph 1

1. Insofar as it is necessary to achieve its explicitly stated task, Eurojust may, within the framework of its competence and in order to carry out its operational functions, process by automated means or in structured manual files in accordance with this Regulation only the personal data listed in point 1 of Annex 2, on persons who, under the national legislation of the Member States concerned are suspected of having committed or having taken part in a criminal offence in respect of which Eurojust is competent or who have been convicted of such an offence.deleted

2017/09/05
Committee: LIBE

Proposal for a regulation
Article 27 – paragraph 2

2. Eurojust may process only the personal data listed in point 2 of Annex 2, on persons who, under the national legislation of the Member States concerned, are regarded as witnesses or victims in a criminal investigation or prosecution regarding one or more of the types of crime and the offences referred to in Article 3, or persons under the age of 18. The processing of such personal data may only take place if it is strictly necessary for the achievement of the expressly stated task of Eurojust, within the framework of its competence and in order to carry out its operational functions.deleted

2017/09/05
Committee: LIBE

Proposal for a regulation
Article 27 – paragraph 3

3. In exceptional cases, Eurojust may also, for a limited period of time which shall not exceed the time needed for the conclusion of the case related to which the data are processed, process personal data other than those referred to in paragraphs 1 and 2 relating to the circumstances of an offence where they are immediately relevant to and included in on-going investigations which Eurojust is coordinating or helping to coordinate and when their processing is strictly necessary for the purposes specified in paragraph 1. The Data Protection Officer referred to in Article 31 shall be informed immediately of recourse to this paragraph and of the specific circumstances which justify the necessity of the processing of such personal data. Where such other data refer to witnesses or victims within the meaning of paragraph 2, the decision to process them shall be taken jointly by at least two national members.deleted

2017/09/05
Committee: LIBE

Proposal for a regulation
Article 27 – paragraph 4

4. Personal data, processed by automated or other means, revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, and data concerning health or sex life may be processed by Eurojust only when such data are strictly necessary for the national investigations concerned as well as for coordination within Eurojust and if they supplement other personal data already processed. The Data Protection Officer shall be informed immediately of recourse to this paragraph. Such data may not be processed in the Index referred to in Article 24(4). Where such other data refer to witnesses or victims within the meaning of paragraph 3, the decision to process them shall be taken by the College.deleted

2017/09/05
Committee: LIBE

Proposal for a regulation
Article 27 – paragraph 5

5. The processing of personal data at Eurojust falls under the scope of Regulation (EC) No 45/2001 ~~shall apply to the processing of personal data by Eurojust in the context of its activities. This Regulation particularis~~of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data. The processing of personal data by the Member State's authorities and the transfer of such data to Eurojust falls under the scope of Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and ~~complements Regulation (EC) No 45/2001 in as far as personal data processed by Eurojust for its operational tasks are concerned~~on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA. Any processing of personal data carried out by the Member State's authorities that does not fall under the scope of Directive (EU) 2016/680, and the transfer of such data to Eurojust, shall be in accordance with the General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC).

2017/09/05
Committee: LIBE

c) ~~thre~~one years after the date on which the judicial decision of the last of the Member States concerned by the investigation or prosecutions became final;

2017/09/05
Committee: LIBE

Proposal for a regulation
Article 28 – paragraph 1 – point e

e) three years after the date on which data were transmitted in accordance with Article 21(6) ~~or (7)~~.

2017/09/05
Committee: LIBE

Proposal for a regulation
Article 28 – paragraph 2

2. Observance of the storage deadlines referred to in points (a), (b), (c) and (d) of paragraph 1 shall be reviewed constantly by appropriate automated processing. Nevertheless, a review of the need to store the data shall be carried out every three years after they were entered. If ~~data concerning persons referred to in Article 27(4)~~special categories of personal data are stored for a period exceeding ~~fiv~~three years, the European Data Protection Supervisor shall be informed accordingly.

2017/09/05
Committee: LIBE

Proposal for a regulation
Article 28 – paragraph 4

4. Where, in accordance with paragraph 3, data have been stored beyond the dates referred to in paragraph 1, a review of the need to store those data shall take place every three years by European Data Protection Supervisor.deleted

2017/09/05
Committee: LIBE

Proposal for a regulation
Article 29

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

2017/09/05
Committee: LIBE

Proposal for a regulation
Article 31

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

2017/09/05
Committee: LIBE

Proposal for a regulation
Article 32 – paragraph 4

4. When the right of access is restricted in accordance with Article 20(1) of Regulation (EC) No 45/2001, Eurojust shall inform the data subject in accordance with Article 20(3) of that Regulation in writing. The information about the principal reasons may be omitted where the provision of such information would deprive the restriction of its effect. The data subject shall at least be informed that all necessary verifications by the European Data Protection Supervisor have taken place.deleted

2017/09/05
Committee: LIBE

Proposal for a regulation
Article 32 – paragraph 7

7. When in application of Article 46 and 47 of Regulation (EC) No 45/2001, the European Data Protection Supervisor checks the lawfulness of the processing performed by Eurojust, he or she shall inform the data subject at least that all necessary verifications by the European Data Protection Supervisor have taken place.deleted

2017/09/05
Committee: LIBE

Proposal for a regulation
Article 33

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

2017/09/05
Committee: LIBE

Proposal for a regulation
Article 34 – paragraph 2

2. The responsibility for the quality of personal data shall lie with the Member State which provided the personal data to Eurojust and with Eurojust for personal data provided by EU bodies, third countries or international organisations, from the moment of the transfer of data to Eurojust, as well for personal data retrieved by Eurojust from publicly available sources.

2017/09/05
Committee: LIBE

Proposal for a regulation
Article 34 – paragraph 3

3. The responsibility for compliance with Regulation (EC) No 45/2001 and this Regulation shall lie with Eurojust. The responsibility for the legality of transfer of personal data provided by the Member States to Eurojust shall lie with the Member State which provides the personal data, and with Eurojust for the personal data provided to Member States, EU bodies and third countries or organisations by EurojustUnion law on data protection shall lie with Eurojust, as far as all personal data processed by Eurojust are concerned.

2017/09/05
Committee: LIBE

Proposal for a regulation
Article 34 – paragraph 4

~~4. Subject to other provisions in this Regulation, Eurojust shall be responsible for all data processed by it.~~deleted

2017/09/05
Committee: LIBE

Proposal for a regulation
Article 35 – paragraph 1

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

2017/09/05
Committee: LIBE

Proposal for a regulation
Article 35 – paragraph 2

2. In cases referred to under paragraph 1 the European Data Protection Supervisor and the national authorities competent for data protection supervision may, each acting within the scope of their respective competences, exchange relevant information, assist each other in carrying out audits and inspections, examine difficulties of interpretation or application of this Regulation, study problems related to the exercise of independent supervision or to the exercise of the rights of data subjects, draw up harmonised proposals for joint solutions to any problems and promote awareness of data protection rights, as necessary.deleted

2017/09/05
Committee: LIBE

Proposal for a regulation
Article 35 – paragraph 3

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

2017/09/05
Committee: LIBE

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

2017/09/05
Committee: LIBE

Proposal for a regulation
Article 37

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

2017/09/05
Committee: LIBE

Proposal for a regulation
Article 38 – paragraph 1

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

2017/09/05
Committee: LIBE

Proposal for a regulation
Article 38 – paragraph 3

3. Eurojust may, in accordance with ~~Article 4 of~~ Regulation (EC) No 45/2001, receive and process personal data received from the entities referred to in paragraph 1 in so far as necessary for the performance of its tasks ~~and subject to the provisions of Section IV~~.

2017/09/05
Committee: LIBE

Proposal for a regulation
Article 38 – paragraph 4 – introductory part

4. Personal data shall only be transferred by Eurojust to third countries, and international organisations, and Interpol if this is necessary for preventing and combating crime that falls under Eurojust's competence and in accordance with this Regulation. If the data to be transferred have been provided by a Member State, Eurojust shall seek that Member State's consent, unless: in accordance with Regulation (EC) No 45/2001 and relevant Union law on the transfer of personal data outside the Union.

2017/09/05
Committee: LIBE

Proposal for a regulation
Article 38 – paragraph 4 – point a

~~a) the authorisation can be assumed as the Member State has not expressly limited the possibility of onward transfers; or~~deleted

2017/09/05
Committee: LIBE

Proposal for a regulation
Article 38 – paragraph 4 – point b

~~b) the Member State has granted its prior authorisation to such onward transfer, either in general terms or subject to specific conditions. Such consent may be withdrawn any moment.~~deleted

2017/09/05
Committee: LIBE

Proposal for a regulation
Article 38 – paragraph 5

5. Onward transfers to third parties of personal data received from Eurojust by Member States, Union bodies or agencies, third countries and international organisations or Interpol shall be prohibited unless Eurojust has given its explicit consent after considering the circumstances of the case at hand, for a specific purpose that is not incompatible with the purpose for which the data was transmitted.deleted

2017/09/05
Committee: LIBE

Proposal for a regulation
Chapter 5 – section 2 – title

RELATIONS WITH PARTNERS WITHIN THE UNION

2017/09/05
Committee: LIBE

Proposal for a regulation
Article 40 – paragraph 2

2. Searches of information in accordance with paragraph 1 shall be made only for the purpose of identifying whether information available at Eurojust matches with information processed at Europol. In case of a hit, Europol shall specify which data it needs and Eurojust may share the data with Europol only to the extent that the data that generated the hit are necessary for the legitimate performance of its tasks.

2017/09/05
Committee: LIBE

Proposal for a regulation
Article 41 – paragraph 2

2. Eurojust shall treat any request for support emanating from the European Public Prosecutor's Office without undue delay, and shall deal with such requests~~, where appropriate,~~ as if they had been received from a national authority competent for judicial cooperation.

2017/09/05
Committee: LIBE

Proposal for a regulation
Article 41 – paragraph 6 a (new)

6 a. The European Public Prosecutor’s Office may rely on the support and resources of the administration of Eurojust. To this end, Eurojust may provide services of common interest to the European Public Prosecutor’s Office. The details shall be regulated by an arrangement.

2017/09/05
Committee: LIBE

Proposal for a regulation
Article 41 – paragraph 7

7. Eurojust shall support the functioning of the European Public Prosecutor's Office through services to be supplied by its staff. Such support shall in any case include: a) technical support in the preparation of the annual budget, the programming document containing the annual and multiannual programming and the management plan; b) technical support in staff recruitment and career-management; c) security services; d) Information Technology services; e) financial management, accounting and audit services; f) any other services of common interest. The details of the services to be provided shall be laid down in an agreement between Eurojust and the European Public Prosecutor's Office.deleted

2017/09/05
Committee: LIBE

Proposal for a regulation
Chapter 5 – section 4 – title

~~TRANSFERS OF PERSONAL DATA~~JUDICIAL COOPERATION WITH THIRD COUNTRIES

2017/09/05
Committee: LIBE

Proposal for a regulation
Article 44

Transfer of personal data to Union bodies Subject to any possible restrictions pursuant to Article 21(8) Eurojust may directly transfer personal data to Union bodies or agencies in so far as it is necessary for the performance of its tasks or those of the recipient Union body or agency.Article 44 deleted or agencies

2017/09/05
Committee: LIBE

Proposal for a regulation
Article 45

~~[...]~~deleted

2017/09/05
Committee: LIBE

Proposal for a regulation
Article 64 – paragraph 3

3. In the case of non-contractual liability, Eurojust shall, in accordance with the general principles common to the laws of the Member States and independently of any liability under ~~Article 37~~Union law, make good any damage caused by the College or the staff of Eurojust in the performance of their duties.

2017/09/05
Committee: LIBE