Activities of Loránt VINCZE related to 2021/0391(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council establishing a collaboration platform to support the functioning of Joint Investigation Teams and amending Regulation (EU) 2018/1726
Amendments (26)
Amendment 73 #
Proposal for a regulation
Recital 3
Recital 3
(3) The Union aquis provides for two legal frameworks to set up JITs with the participation of at least two Member States: Council Framework Decision 2002/465/JHA19 and Article 13 of the Convention established by the Council in accordance with Article 34 of the Treaty on European Union on Mutual Assistance in Criminal Matters between the Member States of the European Union20 . The Convention drawn up on the basis of Article K.3 of the Treaty on European Union, on mutual assistance and cooperation between customs administrations20a (Naples II Convention) also provides for the setup of Joint Special Investigation Teams with the goal of preventing, detecting and prosecuting infringements of Union and national customs provisions. JITs set up under the Naples II Convention should also be covered by this Regulation, provided that these JITs concern criminal investigations carried out by or under the direction of a judicial authority. Third countries can be involved in JITs as parties where there is a legal basis for such involvement, such as Article 20 of the Second Additional Protocol of the 1959 Council of Europe Convention21 and Article 5 of the Agreement on Mutual Legal Assistance between the European Union and the United States of America22 . _________________ 19 Council Framework Decision 2002/465/JHA of 13 June 2002 on joint investigation teams (OJ L 162, 20.6.2002, p. 1). 20 OJ C 197, 12.7.2000, p. 3. 20a OJ C 24, 23.1.1998, p. 2. 21 CET No 182 22 OJ L 181, 19.7.2003, p. 34.
Amendment 77 #
Proposal for a regulation
Recital 4
Recital 4
(4) The existing legal frameworks at Union level do not set out how the entities participating in JITs exchange information and communicate. Those entities reach an agreement on such exchange and communication on the basis of the needs and available means. However, there is a lack of dedicated secure and effective channel to which all participants could have recourse and through which they could promptly exchange large volumes of information and evidence or allow for secure and effective communication. Furthermore, there is no system that would support daily management of JITs, including the traceability of evidence exchanged among the participants as well as planning and coordination of JIT operations.
Amendment 86 #
Proposal for a regulation
Recital 13
Recital 13
(13) From a technical perspective, the JITs collaboration platform should be accessible via a secure connection over the internet and should be composed of a centralised information system, accessible through a web portal, communication software for mobile and desktop devices, and a connection between the centralised information system and relevant IT tools, supporting the functioning of JITs and managed by the JITs Network Secretariat.
Amendment 92 #
Proposal for a regulation
Recital 19
Recital 19
(19) When designing the JITs collaboration platform, eu-LISA should ensure technical interoperability with SIENA so that data could be easily exchanged between law enforcement authorities and JITs.
Amendment 93 #
Proposal for a regulation
Recital 20
Recital 20
(20) Since the establishment of the Network of National Experts on Joint Investigation Teams (the ‘JITs Network’) in accordance with Council Document 11037/0524 , the JITs Network Secretariat supports the work of the JITs Network by organising annual meetings, trainings, collecting and analysing the JIT evaluation reports and managing the Eurojust’s JIT funding programme. Since 2011, the JITs Network Secretariat is hosted by Eurojust as a separate unit. To allow the JITs Network Secretariat to support users in the practical application of the JITs collaboration platform, as well as to provide technical and administrative support to JIT space administrators, Eurojust should be provided with appropriate staff allocated to the JITadditional budget and staff commensurate with the new tasks of the JITs Network Secretariat. _________________ 24 Council of the European Union, Outcome of Proceedings of Article Art 36 Committee on 7 and 8 July 2005, Item 7 of the Agenda: Joint Investigation Teams - Proposal for designation of national experts, 11037/05.
Amendment 95 #
Proposal for a regulation
Recital 21
Recital 21
(21) Given the currently existing IT tools supporting operations of JITs, which are hosted at Eurojust and managed by the JIT Secretariat, it is necessary to connect the JITs collaboration platform with those IT tools, in order to facilitate the management of JITs. To that end, Eurojust should ensure the necessary technical adaptation of its systems in order to establish such connection. Eurojust should be provided with the appropriate funding and staffing to meet its responsibilities in that regard as well.
Amendment 96 #
Proposal for a regulation
Recital 29
Recital 29
(29) Where appropriateIn accordance with the JIT Agreement, it should be possible for JIT space administrators to grant access to a JIT collaboration space to third countries which are parties to a JIT agreement or to international judicial authorities participating in a JIT. Any transfer of personal data to third countries or international organisations in the context of a JIT agreement is subject to compliance with the provisions set out in Chapter V of Directive (EU) 2016/680. Exchanges of operational data with third countries should be limited to those required to fulfil the purposes of the JIT agreement.
Amendment 104 #
Proposal for a regulation
Recital 36
Recital 36
(36) The Commission should determine the date of the start of operations of the JITs collaboration platform once the relevant implementing acts necessary for the technical development of the JITs collaboration platform have been adopted and eu-LISA has carried out a comprehensive test of the JITs collaboration platform, in cooperation with the Member States. Upon the adoption of this Regulation and of the implementing acts necessary for the technical development of the JITs collaboration platform, eu- LISA should immediately start its activities regarding the design and implementation of the platform with a view to render the project operational as soon as possible, but not later than 1 January 2025. The Commission should ensure that eu-LISA is granted the necessary budget and staff to carry out its duties set out in this Regulation, including through creation of a separate budget line for this project.
Amendment 107 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) establishes an IT platform (the ‘JITs collaboration platform’), to be used on a voluntary basis, to facilitate the cooperation of competent authorities participating in Joint Investigation Teams (‘JITs’) set up on the basis of Article 13 of the Convention established by the Council in accordance with Article 34 of the Treaty on European Union, on Mutual Assistance in Criminal Matters between the Member States of the European Union or on Framework Decision 2002/465/JHA and in cases where specialised customs JITs are created for the purposes of criminal proceedings carried out by or under the direction of a judicial authority on the basis of Article 24 of the Naples II Convention;
Amendment 109 #
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation applies to the processing of information, including personal data, within the context of a JIT. That includes the exchange and storage of operational information and evidence as well as non-operational information. This Regulation applies to the operational and post-operational phases of a JIT, starting from the moment the relevant JIT agreement is signed by its members.
Amendment 110 #
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
1 a. This Regulation applies to the operational and post-operational phases of a JIT, starting from the moment the relevant JIT agreement is signed by its members until the JIT evaluation has been completed.
Amendment 112 #
Proposal for a regulation
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) ‘competent authorities’ means the authorities competent to set up a JIT as referred to in Article 1 of Framework Decision 2002/465/JHA and Article 13 of the Convention established by the Council in accordance with Article 34 of the Treaty on European Union on Mutual Assistance in Criminal Matters between the Member States of the European Union or Article 24 of the Naples II Convention in cases where criminal proceedings are carried out by or under the direction of a judicial authority, the European Public Prosecutor’s Office when acting pursuant to its competences as provided for by Articles 22, 23 and 25 of Council Regulation (EU) 2017/1939, as well as the competent authorities of a third country where they are party of a JIT agreement on the basis of an additional legal basis;
Amendment 124 #
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) a communication software, which allows for secure local storage of communication data;
Amendment 140 #
Proposal for a regulation
Article 7 – paragraph 7
Article 7 – paragraph 7
7. eu-LISA shall ensure the provision of training on the practtechnical use of the JITs collaboration platform to the JITs Network Secretariat.
Amendment 142 #
Proposal for a regulation
Article 7 – paragraph 7 a (new)
Article 7 – paragraph 7 a (new)
7 a. eu-LISA shall set up a dedicated support service to address reported incidents in a timely manner.
Amendment 143 #
Proposal for a regulation
Article 7 – paragraph 7 b (new)
Article 7 – paragraph 7 b (new)
7 b. eu-LISA shall continuously carry out improvements necessary for the good functioning of the JITs collaboration platform based on input it receives from the JITs Network Secretariat either directly or through its annual report referred to in Article 9a, point (e).
Amendment 148 #
Article 9 a Responsibilities of the JITs Network Secretariat 1. The JITs Network Secretariat shall support the functioning of the JITs collaboration platform by: (a) providing, at the request of the JIT space administrator or administrators, administrative, legal and technical support in the context of the setup and access rights management of individual JIT collaboration spaces, pursuant to Article 12; (b) providing day-to-day guidance, functional support, and assistance to practitioners on the use of the JITs collaboration platform and its functionalities; (c) designing training-and outreach modules for national authorities aiming to promote and facilitate the use of the JITs collaboration platform; (d) enhancing a culture of cooperation within the Union in relation to international cooperation in criminal matters by raising awareness and promoting the use of the JITs collaboration platform among practitioners, and by collecting their feedback on its practical use; (e) keeping, after the start of operations of the JITs collaboration platform, eu-LISA informed of additional technical requirements of the system by drafting an annual report on the potential improvements of the platform based on the feedback it receives from users.
Amendment 149 #
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. The Programme Management Board shall meet at least once every three months, and more often as necessary. It shall ensure the adequate management of the design and development phase of the JITs collaboration platform. The Programme Management Board shall submit written reports regularly to the Management Board of eu-LISA, and where possible every month, on the progress of the project. The Programme Management Board shall have no decision-making power nor any mandate to represent the members of the eu-LISA Management Board, which will remain responsible for the implementation of the project within the required deadline and within the limits of the allocated budget.
Amendment 153 #
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2 a. Following the design and implementation phase of the JITs collaboration platform, the Advisory Group shall support the eu-LISA Management Board with technical expert advice relating to the evolution and further development of the existing systems.
Amendment 157 #
Proposal for a regulation
Article 12 – paragraph 3 a (new)
Article 12 – paragraph 3 a (new)
3 a. In cases where a JIT agreement is to be set up under Article 24 of the Naples II Convention, the JIT collaboration space shall be created only after the JITs Network Secretariat has satisfied itself that the investigation concerns criminal proceedings carried out by or under the direction of a judicial authority on the basis of Article 24 of the Naples II Convention. In such cases the access rights of the JITs collaboration platform users to the JIT collaboration space shall also be approved by the JITs Network Secretariat.
Amendment 194 #
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. In the event of substantial delays in the development process, eu-LISA shall inform the European Parliament and the Council as soon as possible of the reasons for the delays and of, their impact in terms of timeframes and finances and the steps it intends to take to remedy the situation.
Amendment 197 #
Proposal for a regulation
Article 22 – paragraph 7
Article 22 – paragraph 7
7. FourTwo years after the start of operations of the JITs collaboration platform and every four years thereafter, the Commission shall conduct an overall evaluation of the JITs collaboration platform. The Commission shall transmit the overall evaluation report to the European Parliament and the Council.
Amendment 198 #
Proposal for a regulation
Article 22 – paragraph 8
Article 22 – paragraph 8
8. The Member States’ competent authorities, Eurojust, Europol, the European Public Prosecutor’s Office, OLAF and other competent Union bodies, offices and agencies shall provide eu-LISA and the Commission with the information on their use of the JITs collaboration platform necessary to draft the reports referred to in paragraphs 4 and 7. That information shall not jeopardise working methods or include information that reveals sources, names of staff members or investigations.
Amendment 200 #
Proposal for a regulation
Article 24 – paragraph 1 – point a
Article 24 – paragraph 1 – point a
(a) the relevant implementing acts referred to in Article 6 have been adopted;
Amendment 203 #
Proposal for a regulation
Article 24 – paragraph 4 a (new)
Article 24 – paragraph 4 a (new)
4 a. Where delays are reported in accordance with Article 22(3), which may potentially jeopardize to meet the deadline for the start of operations provided for in paragraph 1, the Commission, jointly with eu-LISA, shall put in place a contingency planning to remedy the situation.
Amendment 205 #
Proposal for a regulation
Article 26 – paragraph 1 – point 2
Article 26 – paragraph 1 – point 2
Regulation (EU) 2018/1726
Article 8b
Article 8b
(b) tasks relating to training on the technical use of the JITs collaboration platform, including provision of online training mate provided to the JITs Network Secretarialst.