BETA


2018/2064(INI) Proposal to open negotiations on the Commission recommendation for a Council decision authorising the opening of negotiations for an agreement between the EU and Morocco on the exchange of personal data between Europol and the Moroccan competent authorities for fighting serious crime and terrorism

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead LIBE MORAES Claude (icon: S&D S&D) METSOLA Roberta (icon: PPE PPE), STEVENS Helga (icon: ECR ECR), PETERSEN Morten (icon: ALDE ALDE), ERNST Cornelia (icon: GUE/NGL GUE/NGL), TERRICABRAS Josep-Maria (icon: Verts/ALE Verts/ALE)
Committee Opinion AFET
Committee Opinion BUDG
Committee Opinion CONT
Committee Opinion AFCO
Lead committee dossier:
Legal Basis:
RoP 114

Events

2018/07/04
   EP - Results of vote in Parliament
2018/07/04
   EP - Decision by Parliament, 1st reading/single reading
Details

The European Parliament adopted, by 532 votes to 103, with 32 abstentions, a resolution on the Commission recommendation for a Council decision authorising the opening of negotiations for an agreement between the European Union and Morocco on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Moroccan competent authorities for fighting serious crime and terrorism.

Assessing the risks : Parliament considered that the necessity of the cooperation with Morocco in the field of law enforcement for the European Union’s security interests, as well as its proportionality , needs to be properly assessed and called on the Commission, in this context, to conduct a thorough impact assessment. Members considered that due caution is needed while defining the negotiating mandate for an EU-Morocco agreement. They called on the Commission to carry out an appropriate impact assessment so as to define the necessary safeguards to be integrated in the agreement.

Ensuring equivalent protection : full consistency with Articles 7 and 8 of the Charter of Fundamental Rights and with the other fundamental rights and freedoms enshrined in the Charter should be fully ensured in the receiving third country to which it is addressed. Parliament insisted that the level of protection resulting from the agreement should be essentially equivalent to the level of protection in EU law. If such level cannot be guaranteed both in law and in practice, the agreement cannot be concluded.

In particular, the Agreement shall contain:

strict and specific provisions imposing respect for the principle of purpose limitation with clear conditions for the processing of personal data transmitted; a clear and precise provision setting out the data retention period of personal data that have been transferred and requiring the erasure of the personal data transferred at the end of the data retention period; data subjects’ right to information, rectification and erasure as provided for in other Union legislation on data protection; a clear definition of the categories of offences for which personal data shall be exchanged; a clear reference to the name of the independent supervisory authority in charge of supervising the implementation of the international agreement; a monitoring mechanism to be subject to periodic assessments.

Members insisted on the need to:

expressly indicate that onward transfers of information from the competent authorities of Morocco to other authorities in Morocco can only be allowed to fulfil the original purpose of the transfer by Europol and should always be communicated to the independent authority, the EDPS and Europol. To this end, an exhaustive list of the competent authorities in Morocco to which Europol can transfer data should be drawn up. Any modification to such a list that would replace or add a new competent authority would require a review of the international agreement; expressly indicate that onward transfers of information from the competent authorities of Morocco to other countries are prohibited and would result in the immediate ending of the international agreement.

Sensitive data : taking into account Morocco’s different societal characteristics and cultural background compared to the EU and the fact that criminal acts are defined differently in the EU than in Morocco, Parliament considered that the transfer of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data or data concerning a person’s health and sex life should only take place in very exceptional cases and be subject to clear safeguards for the data subject and persons linked to the data subject.

Lastly, the resolution stressed that the European Parliament’s consent to the conclusion of the agreement will be conditional upon satisfactory involvement of the European Parliament at all stages of the procedure.

Documents
2018/07/04
   EP - End of procedure in Parliament
2018/06/27
   EP - Committee report tabled for plenary, single reading
Details

The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Claude MORAES (S&D, UK) on the recommendation, by the Commission, for a Council decision authorising the opening of negotiations for an agreement between the European Union and the Kingdom of Morocco on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Moroccan competent authorities for fighting serious crime and terrorism.

The report stressed the need for cooperation with Morocco in the field of law enforcement for the European Union’s security interests to be properly assessed and called on the Commission to conduct a thorough impact assessment on this issue.

Consequently, Members considered that due caution is needed while defining the negotiating mandate for an EU-Morocco agreement. They called on the Commission to carry out an appropriate impact assessment so as to define the necessary safeguards to be integrated in the agreement.

The report insisted that the level of protection resulting from the agreement should be essentially equivalent to the level of protection in EU law. If such level cannot be guaranteed both in law and in practice, the agreement cannot be concluded.

In particular, the Agreement shall contain:

strict and specific provisions imposing respect for the principle of purpose limitation with clear conditions for the processing of personal data transmitted; a clear and precise provision setting out the data retention period of personal data that have been transferred and requiring the erasure of the personal data transferred at the end of the data retention period; data subjects’ right to information, rectification and erasure as provided for in other Union legislation on data protection; a clear definition of the categories of offences for which personal data shall be exchanged; a monitoring mechanism to be subject to periodic assessments.

Members insisted on the need to:

expressly indicate that onward transfers of information from the competent authorities of Morocco to other authorities in Morocco can only be allowed to fulfil the original purpose of the transfer by Europol and should always be communicated to the independent authority, the EDPS and Europol. To this end, an exhaustive list of the competent authorities in Morocco to which Europol can transfer data should be drawn up. Any modification to such a list that would replace or add a new competent authority would require a review of the international agreement; expressly indicate that onward transfers of information from the competent authorities of Morocco to other countries are prohibited and would result in the immediate ending of the international agreement.

Taking into account Morocco’s different societal characteristics and cultural background compared to the EU and the fact that criminal acts are defined differently in the EU than in Morocco, Members considered that the transfer of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data or data concerning a person’s health and sex life should only take place in very exceptional cases and be subject to clear safeguards for the data subject and persons linked to the data subject.

Lastly, the report stressed that the European Parliament’s consent to the conclusion of the agreement will be conditional upon satisfactory involvement of the European Parliament at all stages of the procedure.

Documents
2018/06/20
   EP - Vote in committee, 1st reading/single reading
2018/06/14
   EP - Committee referral announced in Parliament, 1st reading/single reading
2018/06/01
   EP - Amendments tabled in committee
Documents
2018/05/18
   EP - Committee draft report
Documents
2018/03/19
   EP - MORAES Claude (S&D) appointed as rapporteur in LIBE
2017/12/20
   EC - Non-legislative basic document published
Details

PURPOSE: to open negotiations for an agreement between the European Union and Morocco on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Moroccan competent authorities for fighting serious crime and terrorism.

BACKGROUND: in a globalised world where serious crime and terrorism are increasingly transnational and polyvalent, Europol should therefore be able to exchange personal data with law enforcement authorities of third countries to the extent necessary for the accomplishment of its tasks.

Regulation (EU) 2016/794 establishes a legal framework for Europol. It sets out the rules for the transfer of personal data from Europol to third countries and international organisations. Since the entry into application of the Regulation (1 May 2017), and pursuant to the Treaty on the Functioning of the European Union (TFEU), the Commission is responsible, on behalf of the Union, for negotiating international agreements with third countries for the exchange of personal data with Europol.

Taking into account the political strategy as outlined in the European agenda on security and the potential benefits of closer cooperation in this area, the Commission considers it necessary to start negotiations in the short-term with eight countries , as identified in the 11th progress report towards a genuine and effective Security Union.

The 2016-2020 Europol strategy identifies the Mediterranean region as priority for enhanced partnerships. The 2017-2020 Europol external strategy also stresses the need for closer cooperation between Europol and the Middle East/North Africa (MENA) due to the current terrorist threat and migration-related challenges.

Since 2000 the entry into force of the Euro-Mediterranean Association Agreement has marked the relations between the EU and Morocco . Morocco has benefited from an advanced status with the European neighbourhood policy since 2008. Among others, one objective relates to strengthening dialogue and cooperation in the areas of politics and security.

Morocco is the co-chair of the Global Counter Terrorism Forum (GCTF) and a member of the Global Coalition against Daesh.

Based on data available as well as Europol's in-house expert knowledge, cooperation with Morocco is needed in particular to counter the following crime phenomena:

terrorism : terrorism poses a serious threat to both Morocco and the EU, which have been the target of terrorist attacks; migration-related challenges : Morocco remains an important partner for the EU to develop cooperation in preventing irregular migration, and flows into the EU have been increasing recently. Morocco is both a source country for irregular migration but also a significant route taken by nationals sub-Saharan African countries too; firearms trafficking : the ongoing instability in the MENA region, and in particular the conflicts in Libya, considerably increased firearms trafficking in the region; drug trafficking : Morocco is a major producer of cannabis and a key source country for cannabis products entering the EU market; cybercrime : Morocco is making progress in addressing cybercrime threats, thanks to the fact it is a priority country for EU-Council of Europe capacity-building programmes on cybercrime, including in the area of child sexual exploitation and travelling child sex offenders.

CONTENT: the purpose of this Recommendation for a Council Decision is to obtain from the Council an authorisation from the Council for the Commission to negotiate, on behalf of the European Union, an agreement between the European Union and Morocco on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Moroccan competent authorities for fighting serious crime and terrorism.

In order to respect the principle of purpose limitation , cooperation under the agreement shall only cover forms of crime and related criminal offences for which Europol is competent. In particular, cooperation should aim to combat terrorism and prevent radicalisation, disrupt organised crime, including trafficking of migrants, firearms and drugs, and combat cybercrime.

The agreement should respect fundamental rights and observe the principles recognised by the Charter of Fundamental Rights of the European Union, in particular the right to private and family life, the right to the protection of personal data, and the right to effective remedy and fair trial.

Documents

Votes

A8-0238/2018 - Claude Moraes - résolution 04/07/2018 13:24:11.000

2018/07/04 Outcome: +: 532, -: 103, 0: 32
DE IT FR PL RO ES CZ BE BG HU GB SK AT FI PT HR DK NL EL LT SI MT EE LU SE IE LV CY ??
Total
92
61
68
45
30
44
19
21
16
20
57
12
17
13
19
11
12
23
18
8
8
6
6
6
15
10
3
5
1
icon: PPE PPE
192

United Kingdom PPE

1

Denmark PPE

For (1)

1

Lithuania PPE

1

Estonia PPE

For (1)

1

Luxembourg PPE

3

Sweden PPE

2
icon: S&D S&D
177
4

Croatia S&D

2

Netherlands S&D

3

Slovenia S&D

For (1)

1

Malta S&D

3

Estonia S&D

For (1)

1

Luxembourg S&D

For (1)

1

Ireland S&D

For (1)

1

Cyprus S&D

2
icon: ALDE ALDE
62

Romania ALDE

2

United Kingdom ALDE

1

Portugal ALDE

1

Croatia ALDE

2

Denmark ALDE

2

Slovenia ALDE

For (1)

1

Estonia ALDE

3

Luxembourg ALDE

For (1)

1

Ireland ALDE

For (1)

1
icon: ECR ECR
62

Italy ECR

2

Romania ECR

2

Czechia ECR

1

Bulgaria ECR

2
2

Croatia ECR

For (1)

1

Netherlands ECR

For (1)

1

Greece ECR

Against (1)

1

Sweden ECR

2

Cyprus ECR

1
icon: ENF ENF
32

Germany ENF

Against (1)

1

Poland ENF

2

Belgium ENF

For (1)

1

Netherlands ENF

4
icon: NI NI
18

Germany NI

For (1)

Against (1)

2

France NI

Abstain (1)

1

Hungary NI

2

United Kingdom NI

For (1)

Abstain (1)

4

Denmark NI

1

NI

For (1)

1
icon: EFDD EFDD
33

Germany EFDD

Against (1)

1

Czechia EFDD

Abstain (1)

1

Lithuania EFDD

For (1)

1
icon: GUE/NGL GUE/NGL
45

Italy GUE/NGL

2

Czechia GUE/NGL

2

United Kingdom GUE/NGL

Against (1)

1

Finland GUE/NGL

Abstain (1)

1

Denmark GUE/NGL

Against (1)

1

Netherlands GUE/NGL

3

Sweden GUE/NGL

Against (1)

1

Ireland GUE/NGL

Abstain (1)

4

Cyprus GUE/NGL

2
icon: Verts/ALE Verts/ALE
45

Italy Verts/ALE

Against (1)

1
3

Belgium Verts/ALE

2

Hungary Verts/ALE

2

United Kingdom Verts/ALE

5

Austria Verts/ALE

3

Finland Verts/ALE

Against (1)

1

Croatia Verts/ALE

Against (1)

1

Denmark Verts/ALE

Against (1)

1

Netherlands Verts/ALE

Against (1)

1

Lithuania Verts/ALE

Against (1)

1

Slovenia Verts/ALE

Against (1)

1

Estonia Verts/ALE

Abstain (1)

1

Luxembourg Verts/ALE

Against (1)

1

Sweden Verts/ALE

2
AmendmentsDossier
46 2018/2064(INI)
2018/06/01 LIBE 46 amendments...
source: 622.355

History

(these mark the time of scraping, not the official date of the change)

events/3/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2018-0238&language=EN
New
http://www.europarl.europa.eu/doceo/document/A-8-2018-0238_EN.html
events/5/docs/0/url
Old
http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2018-0299
New
http://www.europarl.europa.eu/doceo/document/TA-8-2018-0299_EN.html
committees/0
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EP
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committee_full
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committee
LIBE
rapporteur
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shadows
committees/0
type
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EP
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committee_full
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committee
LIBE
date
2018-03-19T00:00:00
rapporteur
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shadows
activities
  • date: 2017-12-20T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2017/0808/COM_COM(2017)0808_EN.pdf title: COM(2017)0808 type: Non-legislative basic document published celexid: CELEX:52017PC0808:EN body: EC commission: DG: url: http://ec.europa.eu/info/departments/migration-and-home-affairs_en title: Migration and Home Affairs Commissioner: AVRAMOPOULOS Dimitris type: Non-legislative basic document published
  • date: 2018-06-14T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: False committee_full: Constitutional Affairs committee: AFCO body: EP responsible: False committee_full: Foreign Affairs committee: AFET body: EP responsible: False committee_full: Budgets committee: BUDG body: EP responsible: False committee_full: Budgetary Control committee: CONT body: EP shadows: group: EPP name: METSOLA Roberta group: ECR name: STEVENS Helga group: ALDE name: PETERSEN Morten Helveg group: GUE/NGL name: ERNST Cornelia group: Verts/ALE name: TERRICABRAS Josep-Maria responsible: True committee: LIBE date: 2018-03-19T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: S&D name: MORAES Claude
  • date: 2018-06-20T00:00:00 body: EP type: Vote in committee, 1st reading/single reading committees: body: EP responsible: False committee_full: Constitutional Affairs committee: AFCO body: EP responsible: False committee_full: Foreign Affairs committee: AFET body: EP responsible: False committee_full: Budgets committee: BUDG body: EP responsible: False committee_full: Budgetary Control committee: CONT body: EP shadows: group: EPP name: METSOLA Roberta group: ECR name: STEVENS Helga group: ALDE name: PETERSEN Morten Helveg group: GUE/NGL name: ERNST Cornelia group: Verts/ALE name: TERRICABRAS Josep-Maria responsible: True committee: LIBE date: 2018-03-19T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: S&D name: MORAES Claude
  • date: 2018-06-27T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2018-0238&language=EN type: Committee report tabled for plenary, single reading title: A8-0238/2018 body: EP type: Committee report tabled for plenary, single reading
  • date: 2018-07-04T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2018-0299 type: Decision by Parliament, 1st reading/single reading title: T8-0299/2018 body: EP type: Decision by Parliament, 1st reading/single reading
commission
  • body: EC dg: Migration and Home Affairs commissioner: AVRAMOPOULOS Dimitris
committees/0
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committee_full
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date
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rapporteur
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shadows
committees/0
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committee_full
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AFCO
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type
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AFET
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committees/1
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EP
responsible
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committee_full
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committee
AFET
committees/2
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committee
LIBE
date
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committee_full
Civil Liberties, Justice and Home Affairs
rapporteur
group: S&D name: MORAES Claude
docs
  • date: 2018-05-18T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE621.031 title: PE621.031 type: Committee draft report body: EP
  • date: 2018-06-01T00:00:00 docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=COMPARL&mode=XML&language=EN&reference=PE622.355 title: PE622.355 type: Amendments tabled in committee body: EP
events
  • date: 2017-12-20T00:00:00 type: Non-legislative basic document published body: EC docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2017/0808/COM_COM(2017)0808_EN.pdf title: COM(2017)0808 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!DocNumber&lg=EN&type_doc=COMfinal&an_doc=2017&nu_doc=0808 title: EUR-Lex summary: PURPOSE: to open negotiations for an agreement between the European Union and Morocco on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Moroccan competent authorities for fighting serious crime and terrorism. BACKGROUND: in a globalised world where serious crime and terrorism are increasingly transnational and polyvalent, Europol should therefore be able to exchange personal data with law enforcement authorities of third countries to the extent necessary for the accomplishment of its tasks. Regulation (EU) 2016/794 establishes a legal framework for Europol. It sets out the rules for the transfer of personal data from Europol to third countries and international organisations. Since the entry into application of the Regulation (1 May 2017), and pursuant to the Treaty on the Functioning of the European Union (TFEU), the Commission is responsible, on behalf of the Union, for negotiating international agreements with third countries for the exchange of personal data with Europol. Taking into account the political strategy as outlined in the European agenda on security and the potential benefits of closer cooperation in this area, the Commission considers it necessary to start negotiations in the short-term with eight countries , as identified in the 11th progress report towards a genuine and effective Security Union. The 2016-2020 Europol strategy identifies the Mediterranean region as priority for enhanced partnerships. The 2017-2020 Europol external strategy also stresses the need for closer cooperation between Europol and the Middle East/North Africa (MENA) due to the current terrorist threat and migration-related challenges. Since 2000 the entry into force of the Euro-Mediterranean Association Agreement has marked the relations between the EU and Morocco . Morocco has benefited from an advanced status with the European neighbourhood policy since 2008. Among others, one objective relates to strengthening dialogue and cooperation in the areas of politics and security. Morocco is the co-chair of the Global Counter Terrorism Forum (GCTF) and a member of the Global Coalition against Daesh. Based on data available as well as Europol's in-house expert knowledge, cooperation with Morocco is needed in particular to counter the following crime phenomena: terrorism : terrorism poses a serious threat to both Morocco and the EU, which have been the target of terrorist attacks; migration-related challenges : Morocco remains an important partner for the EU to develop cooperation in preventing irregular migration, and flows into the EU have been increasing recently. Morocco is both a source country for irregular migration but also a significant route taken by nationals sub-Saharan African countries too; firearms trafficking : the ongoing instability in the MENA region, and in particular the conflicts in Libya, considerably increased firearms trafficking in the region; drug trafficking : Morocco is a major producer of cannabis and a key source country for cannabis products entering the EU market; cybercrime : Morocco is making progress in addressing cybercrime threats, thanks to the fact it is a priority country for EU-Council of Europe capacity-building programmes on cybercrime, including in the area of child sexual exploitation and travelling child sex offenders. CONTENT: the purpose of this Recommendation for a Council Decision is to obtain from the Council an authorisation from the Council for the Commission to negotiate, on behalf of the European Union, an agreement between the European Union and Morocco on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Moroccan competent authorities for fighting serious crime and terrorism. In order to respect the principle of purpose limitation , cooperation under the agreement shall only cover forms of crime and related criminal offences for which Europol is competent. In particular, cooperation should aim to combat terrorism and prevent radicalisation, disrupt organised crime, including trafficking of migrants, firearms and drugs, and combat cybercrime. The agreement should respect fundamental rights and observe the principles recognised by the Charter of Fundamental Rights of the European Union, in particular the right to private and family life, the right to the protection of personal data, and the right to effective remedy and fair trial.
  • date: 2018-06-14T00:00:00 type: Committee referral announced in Parliament, 1st reading/single reading body: EP
  • date: 2018-06-20T00:00:00 type: Vote in committee, 1st reading/single reading body: EP
  • date: 2018-06-27T00:00:00 type: Committee report tabled for plenary, single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2018-0238&language=EN title: A8-0238/2018 summary: The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Claude MORAES (S&D, UK) on the recommendation, by the Commission, for a Council decision authorising the opening of negotiations for an agreement between the European Union and the Kingdom of Morocco on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Moroccan competent authorities for fighting serious crime and terrorism. The report stressed the need for cooperation with Morocco in the field of law enforcement for the European Union’s security interests to be properly assessed and called on the Commission to conduct a thorough impact assessment on this issue. Consequently, Members considered that due caution is needed while defining the negotiating mandate for an EU-Morocco agreement. They called on the Commission to carry out an appropriate impact assessment so as to define the necessary safeguards to be integrated in the agreement. The report insisted that the level of protection resulting from the agreement should be essentially equivalent to the level of protection in EU law. If such level cannot be guaranteed both in law and in practice, the agreement cannot be concluded. In particular, the Agreement shall contain: strict and specific provisions imposing respect for the principle of purpose limitation with clear conditions for the processing of personal data transmitted; a clear and precise provision setting out the data retention period of personal data that have been transferred and requiring the erasure of the personal data transferred at the end of the data retention period; data subjects’ right to information, rectification and erasure as provided for in other Union legislation on data protection; a clear definition of the categories of offences for which personal data shall be exchanged; a monitoring mechanism to be subject to periodic assessments. Members insisted on the need to: expressly indicate that onward transfers of information from the competent authorities of Morocco to other authorities in Morocco can only be allowed to fulfil the original purpose of the transfer by Europol and should always be communicated to the independent authority, the EDPS and Europol. To this end, an exhaustive list of the competent authorities in Morocco to which Europol can transfer data should be drawn up. Any modification to such a list that would replace or add a new competent authority would require a review of the international agreement; expressly indicate that onward transfers of information from the competent authorities of Morocco to other countries are prohibited and would result in the immediate ending of the international agreement. Taking into account Morocco’s different societal characteristics and cultural background compared to the EU and the fact that criminal acts are defined differently in the EU than in Morocco, Members considered that the transfer of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data or data concerning a person’s health and sex life should only take place in very exceptional cases and be subject to clear safeguards for the data subject and persons linked to the data subject. Lastly, the report stressed that the European Parliament’s consent to the conclusion of the agreement will be conditional upon satisfactory involvement of the European Parliament at all stages of the procedure.
  • date: 2018-07-04T00:00:00 type: Results of vote in Parliament body: EP docs: url: https://oeil.secure.europarl.europa.eu/oeil/popups/sda.do?id=31360&l=en title: Results of vote in Parliament
  • date: 2018-07-04T00:00:00 type: Decision by Parliament, 1st reading/single reading body: EP docs: url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2018-0299 title: T8-0299/2018 summary: The European Parliament adopted, by 532 votes to 103, with 32 abstentions, a resolution on the Commission recommendation for a Council decision authorising the opening of negotiations for an agreement between the European Union and Morocco on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Moroccan competent authorities for fighting serious crime and terrorism. Assessing the risks : Parliament considered that the necessity of the cooperation with Morocco in the field of law enforcement for the European Union’s security interests, as well as its proportionality , needs to be properly assessed and called on the Commission, in this context, to conduct a thorough impact assessment. Members considered that due caution is needed while defining the negotiating mandate for an EU-Morocco agreement. They called on the Commission to carry out an appropriate impact assessment so as to define the necessary safeguards to be integrated in the agreement. Ensuring equivalent protection : full consistency with Articles 7 and 8 of the Charter of Fundamental Rights and with the other fundamental rights and freedoms enshrined in the Charter should be fully ensured in the receiving third country to which it is addressed. Parliament insisted that the level of protection resulting from the agreement should be essentially equivalent to the level of protection in EU law. If such level cannot be guaranteed both in law and in practice, the agreement cannot be concluded. In particular, the Agreement shall contain: strict and specific provisions imposing respect for the principle of purpose limitation with clear conditions for the processing of personal data transmitted; a clear and precise provision setting out the data retention period of personal data that have been transferred and requiring the erasure of the personal data transferred at the end of the data retention period; data subjects’ right to information, rectification and erasure as provided for in other Union legislation on data protection; a clear definition of the categories of offences for which personal data shall be exchanged; a clear reference to the name of the independent supervisory authority in charge of supervising the implementation of the international agreement; a monitoring mechanism to be subject to periodic assessments. Members insisted on the need to: expressly indicate that onward transfers of information from the competent authorities of Morocco to other authorities in Morocco can only be allowed to fulfil the original purpose of the transfer by Europol and should always be communicated to the independent authority, the EDPS and Europol. To this end, an exhaustive list of the competent authorities in Morocco to which Europol can transfer data should be drawn up. Any modification to such a list that would replace or add a new competent authority would require a review of the international agreement; expressly indicate that onward transfers of information from the competent authorities of Morocco to other countries are prohibited and would result in the immediate ending of the international agreement. Sensitive data : taking into account Morocco’s different societal characteristics and cultural background compared to the EU and the fact that criminal acts are defined differently in the EU than in Morocco, Parliament considered that the transfer of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data or data concerning a person’s health and sex life should only take place in very exceptional cases and be subject to clear safeguards for the data subject and persons linked to the data subject. Lastly, the resolution stressed that the European Parliament’s consent to the conclusion of the agreement will be conditional upon satisfactory involvement of the European Parliament at all stages of the procedure.
  • date: 2018-07-04T00:00:00 type: End of procedure in Parliament body: EP
links
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  • body: EC dg: url: http://ec.europa.eu/info/departments/migration-and-home-affairs_en title: Migration and Home Affairs commissioner: AVRAMOPOULOS Dimitris
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Rules of Procedure EP 150
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LIBE/8/12876
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  • LIBE/8/12876
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Rules of Procedure EP 114
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  • 1.20.09 Protection of privacy and data protection
  • 7.30.20 Action to combat terrorism
  • 7.30.30 Action to combat crime
New
1.20.09
Protection of privacy and data protection
7.30.20
Action to combat terrorism
7.30.30
Action to combat crime
activities/3/docs/0/text
  • The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Claude MORAES (S&D, UK) on the recommendation, by the Commission, for a Council decision authorising the opening of negotiations for an agreement between the European Union and the Kingdom of Morocco on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Moroccan competent authorities for fighting serious crime and terrorism.

    The report stressed the need for cooperation with Morocco in the field of law enforcement for the European Union’s security interests to be properly assessed and called on the Commission to conduct a thorough impact assessment on this issue.

    Consequently, Members considered that due caution is needed while defining the negotiating mandate for an EU-Morocco agreement. They called on the Commission to carry out an appropriate impact assessment so as to define the necessary safeguards to be integrated in the agreement.

    The report insisted that the level of protection resulting from the agreement should be essentially equivalent to the level of protection in EU law. If such level cannot be guaranteed both in law and in practice, the agreement cannot be concluded.

    In particular, the Agreement shall contain:

    • strict and specific provisions imposing respect for the principle of purpose limitation with clear conditions for the processing of personal data transmitted;
    • a clear and precise provision setting out the data retention period of personal data that have been transferred and requiring the erasure of the personal data transferred at the end of the data retention period;
    • data subjects’ right to information, rectification and erasure as provided for in other Union legislation on data protection;
    • a clear definition of the categories of offences for which personal data shall be exchanged;
    • a monitoring mechanism to be subject to periodic assessments.

    Members insisted on the need to:

    • expressly indicate that onward transfers of information from the competent authorities of Morocco to other authorities in Morocco can only be allowed to fulfil the original purpose of the transfer by Europol and should always be communicated to the independent authority, the EDPS and Europol. To this end, an exhaustive list of the competent authorities in Morocco to which Europol can transfer data should be drawn up. Any modification to such a list that would replace or add a new competent authority would require a review of the international agreement;
    • expressly indicate that onward transfers of information from the competent authorities of Morocco to other countries are prohibited and would result in the immediate ending of the international agreement.

    Taking into account Morocco’s different societal characteristics and cultural background compared to the EU and the fact that criminal acts are defined differently in the EU than in Morocco, Members considered that the transfer of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data or data concerning a person’s health and sex life should only take place in very exceptional cases and be subject to clear safeguards for the data subject and persons linked to the data subject.

    Lastly, the report stressed that the European Parliament’s consent to the conclusion of the agreement will be conditional upon satisfactory involvement of the European Parliament at all stages of the procedure.

activities/4/docs
  • url: http://www.europarl.europa.eu/sides/getDoc.do?type=TA&language=EN&reference=P8-TA-2018-0299 type: Decision by Parliament, 1st reading/single reading title: T8-0299/2018
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Vote in plenary scheduled
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Decision by Parliament, 1st reading/single reading
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Procedure completed
activities/0/docs/0/text
  • PURPOSE: to open negotiations for an agreement between the European Union and Morocco on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Moroccan competent authorities for fighting serious crime and terrorism.

    BACKGROUND: in a globalised world where serious crime and terrorism are increasingly transnational and polyvalent, Europol should therefore be able to exchange personal data with law enforcement authorities of third countries to the extent necessary for the accomplishment of its tasks.

    Regulation (EU) 2016/794 establishes a legal framework for Europol. It sets out the rules for the transfer of personal data from Europol to third countries and international organisations. Since the entry into application of the Regulation (1 May 2017), and pursuant to the Treaty on the Functioning of the European Union (TFEU), the Commission is responsible, on behalf of the Union, for negotiating international agreements with third countries for the exchange of personal data with Europol.

    Taking into account the political strategy as outlined in the European agenda on security and the potential benefits of closer cooperation in this area, the Commission considers it necessary to start negotiations in the short-term with eight countries, as identified in the 11th progress report towards a genuine and effective Security Union.

    The 2016-2020 Europol strategy identifies the Mediterranean region as priority for enhanced partnerships. The 2017-2020 Europol external strategy also stresses the need for closer cooperation between Europol and the Middle East/North Africa (MENA) due to the current terrorist threat and migration-related challenges.

    Since 2000 the entry into force of the Euro-Mediterranean Association Agreement has marked the relations between the EU and Morocco. Morocco has benefited from an advanced status with the European neighbourhood policy since 2008. Among others, one objective relates to strengthening dialogue and cooperation in the areas of politics and security.

    Morocco is the co-chair of the Global Counter Terrorism Forum (GCTF) and a member of the Global Coalition against Daesh.

    Based on data available as well as Europol's in-house expert knowledge, cooperation with Morocco is needed in particular to counter the following crime phenomena:

    • terrorism: terrorism poses a serious threat to both Morocco and the EU, which have been the target of terrorist attacks;
    • migration-related challenges: Morocco remains an important partner for the EU to develop cooperation in preventing irregular migration, and flows into the EU have been increasing recently. Morocco is both a source country for irregular migration but also a significant route taken by nationals sub-Saharan African countries too;
    • firearms trafficking: the ongoing instability in the MENA region, and in particular the conflicts in Libya, considerably increased firearms trafficking in the region;
    • drug trafficking: Morocco is a major producer of cannabis and a key source country for cannabis products entering the EU market;
    • cybercrime: Morocco is making progress in addressing cybercrime threats, thanks to the fact it is a priority country for EU-Council of Europe capacity-building programmes on cybercrime, including in the area of child sexual exploitation and travelling child sex offenders.

    CONTENT: the purpose of this Recommendation for a Council Decision is to obtain from the Council an authorisation from the Council for the Commission to negotiate, on behalf of the European Union, an agreement between the European Union and Morocco on the exchange of personal data between the European Union Agency for Law Enforcement Cooperation (Europol) and the Moroccan competent authorities for fighting serious crime and terrorism.

    In order to respect the principle of purpose limitation, cooperation under the agreement shall only cover forms of crime and related criminal offences for which Europol is competent. In particular, cooperation should aim to combat terrorism and prevent radicalisation, disrupt organised crime, including trafficking of migrants, firearms and drugs, and combat cybercrime.

    The agreement should respect fundamental rights and observe the principles recognised by the Charter of Fundamental Rights of the European Union, in particular the right to private and family life, the right to the protection of personal data, and the right to effective remedy and fair trial.

activities/3
date
2018-06-27T00:00:00
docs
url: http://www.europarl.europa.eu/sides/getDoc.do?type=REPORT&mode=XML&reference=A8-2018-0238&language=EN type: Committee report tabled for plenary, single reading title: A8-0238/2018
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  • date: 2017-12-20T00:00:00 docs: url: http://www.europarl.europa.eu/RegData/docs_autres_institutions/commission_europeenne/com/2017/0808/COM_COM(2017)0808_EN.pdf title: COM(2017)0808 type: Non-legislative basic document published celexid: CELEX:52017PC0808:EN type: Non-legislative basic document published body: EC commission: DG: url: http://ec.europa.eu/info/departments/migration-and-home-affairs_en title: Migration and Home Affairs Commissioner: AVRAMOPOULOS Dimitris
  • date: 2018-06-14T00:00:00 body: EP type: Committee referral announced in Parliament, 1st reading/single reading committees: body: EP responsible: False committee_full: Constitutional Affairs committee: AFCO body: EP responsible: False committee_full: Foreign Affairs committee: AFET body: EP responsible: False committee_full: Budgets committee: BUDG body: EP responsible: False committee_full: Budgetary Control committee: CONT body: EP shadows: group: EPP name: METSOLA Roberta group: ECR name: STEVENS Helga group: ALDE name: PETERSEN Morten Helveg group: GUE/NGL name: ERNST Cornelia group: Verts/ALE name: TERRICABRAS Josep-Maria responsible: True committee: LIBE date: 2018-03-19T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: S&D name: MORAES Claude
  • date: 2018-07-04T00:00:00 body: EP type: Vote in plenary scheduled
committees
  • body: EP responsible: False committee_full: Constitutional Affairs committee: AFCO
  • body: EP responsible: False committee_full: Foreign Affairs committee: AFET
  • body: EP responsible: False committee_full: Budgets committee: BUDG
  • body: EP responsible: False committee_full: Budgetary Control committee: CONT
  • body: EP shadows: group: EPP name: METSOLA Roberta group: ECR name: STEVENS Helga group: ALDE name: PETERSEN Morten Helveg group: GUE/NGL name: ERNST Cornelia group: Verts/ALE name: TERRICABRAS Josep-Maria responsible: True committee: LIBE date: 2018-03-19T00:00:00 committee_full: Civil Liberties, Justice and Home Affairs rapporteur: group: S&D name: MORAES Claude
links
other
  • body: EC dg: url: http://ec.europa.eu/info/departments/migration-and-home-affairs_en title: Migration and Home Affairs commissioner: AVRAMOPOULOS Dimitris
procedure
dossier_of_the_committee
LIBE/8/12876
reference
2018/2064(INI)
title
Proposal to open negotiations on the Commission recommendation for a Council decision authorising the opening of negotiations for an agreement between the EU and Morocco on the exchange of personal data between Europol and the Moroccan competent authorities for fighting serious crime and terrorism
legal_basis
Rules of Procedure EP 108
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Awaiting committee decision
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INI - Own-initiative procedure
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