Awaiting Parliament 1st reading / single reading / budget 1st stage
Next event: Vote in plenary scheduled 2018/07/04
Role | Committee | Rapporteur | Shadows |
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Opinion | AFCO | ||
Opinion | AFET | ||
Opinion | BUDG | ||
Opinion | CONT | ||
Lead | LIBE | MORAES Claude (S&D) | METSOLA Roberta (EPP), STEVENS Helga (ECR), PETERSEN Morten Helveg (ALDE), ERNST Cornelia (GUE/NGL), TERRICABRAS Josep-Maria (Verts/ALE) |
Legal Basis RoP 108
Activites
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2018/07/04
Vote in plenary scheduled
- 2018/06/27 Committee report tabled for plenary, single reading
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2018/06/20
Vote in committee, 1st reading/single reading
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2018/06/14
Committee referral announced in Parliament, 1st reading/single reading
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2017/12/20
Non-legislative basic document published
- COM(2017)0808
- DG {'url': 'http://ec.europa.eu/info/departments/migration-and-home-affairs_en', 'title': 'Migration and Home Affairs'}, AVRAMOPOULOS Dimitris
Documents
- Non-legislative basic document published: COM(2017)0808
- Committee report tabled for plenary, single reading: A8-0238/2018
Amendments | Dossier |
46 |
2018/2064(INI)
2018/06/01
LIBE
46 amendments...
Amendment 1 #
Motion for a resolution Citation 8 a (new) - having regard to the agreement reached by the EU Parliament and the Council on the adoption of a Regulation 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) No 45/2001 and Decision No 1247/2002/EC, and in particular to its Chapter on the processing of operational personal data which applies to Union bodies, offices or agencies when carrying out activities which fall within the scope of Chapter 4 and 5 of the Title V of Part Three of the TFEU;
Amendment 10 #
Motion for a resolution Recital D b (new) D b. whereas the European Border Guard and Coast Guard Agency (Frontex) is prohibited to transmit any personal data to third countries pursuant to article 45(4) of Regulation2016/1624 without prejudice to Article 48 of this Regulation;
Amendment 11 #
Motion for a resolution Recital E E. whereas the EDPS has been the supervisor of Europol since 1 May 2017, and is also the advisor to the EU institutions
Amendment 12 #
Motion for a resolution Paragraph 1 1. Considers that cooperation with the Kingdom of Morocco in the field of law enforcement
Amendment 13 #
Motion for a resolution Paragraph 1 1. Considers that the necessity of the cooperation with the Kingdom of Morocco in the field of law enforcement
Amendment 14 #
Motion for a resolution Paragraph 2 2. Considers that full consistency with Articles 7 and 8 of the Charter, as well as other fundamental rights and freedoms protected by the Charter, should be ensured in the receiving third countries; calls, in this regard, on the Council to complete the negotiating guidelines proposed by the Commission with the conditions set out in this resolution;
Amendment 15 #
Motion for a resolution Paragraph 3 3. Takes note that to date no appropriate impact assessment has been conducted in order to assess in depth the risks posed by transfers of personal data to the Kingdom of Morocco as regards individuals’ rights to privacy and data protection, but also for other fundamental rights and freedoms protected by the Charter; asks the Commission to carry out an appropriate impact assessment so as to define the necessary safeguards to be
Amendment 16 #
Motion for a resolution Paragraph 4 4. Insists that the level of protection resulting from the agreement should be
Amendment 17 #
Motion for a resolution Paragraph 4 4. Insists that the level of protection resulting from the agreement should be essentially equivalent to the level of protection in EU law; if such level should not be guaranteed, asks the Council and the Commission to refrain from starting any negotiation with Kingdom of Morocco;
Amendment 18 #
Motion for a resolution Paragraph 4 4. Insists that the level of protection resulting from the agreement should be essentially equivalent to the level of protection in EU law both in law and in practice;
Amendment 19 #
Motion for a resolution Paragraph 5 5. Requests that, in order to fully respect Article 8 of the Charter and Article 16 TFEU and to avoid any potential liability from Europol as regards a violation of Union data protection law resulting from a transfer of personal data without the necessary and appropriate safeguards, the agreement contain
Amendment 2 #
Motion for a resolution Citation 9 a (new) - having regard to its resolution of 3 October 2017 on the fight against cybercrime (2017/268(INI));
Amendment 20 #
Motion for a resolution Paragraph 7 7. Requests that the agreement clearly provide that any further processing should always require prior and written authorisation by Europol; stresses that these authorisations should be documented by Europol
Amendment 21 #
Motion for a resolution Paragraph 8 8. Insists that the agreement contains 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; requests that procedural measures be set out in the agreement to ensure compliance; insists that, in exceptional cases, where there are duly justified reasons to store the data for an extended period, past the expiry of the data retention period,
Amendment 22 #
Motion for a resolution Paragraph 10 10. Considers that the categories of offences for which personal data will be exchanged need to be clearly defined and listed in the international agreement itself, in line with EU criminal offences definitions when available; this list should include the activities covered by such crimes
Amendment 23 #
Motion for a resolution Paragraph 10 10. Considers that the
Amendment 24 #
Motion for a resolution Paragraph 11 11. Urges the Council and the Commission to define, pursuant to Court of Justice (CJEU) case-law and within the meaning of Article 8(3) of the Charter, with the Government of the Kingdom of Morocco, which independent supervisory authority is to be in charge of supervising the implementation of the international agreement;
Amendment 25 #
Motion for a resolution Paragraph 11 11. Urges the Council and the Commission to define, pursuant to Court of Justice (CJEU) case-law and within the meaning of Article 8(3) of the Charter, with the Government of the Kingdom of Morocco, which independent supervisory authority is to be in charge of supervising the implementation of the international agreement; is of the opinion that such an authority should be agreed and established before the international agreement can enter into force; insists that the name of this authority
Amendment 26 #
Motion for a resolution Paragraph 11 11. Urges the Council and the Commission to define, pursuant to Court of Justice (CJEU) case-law and within the meaning of Article 8(3) of the Charter, with the Government of the Kingdom of Morocco, which independent supervisory authority is to be in charge of supervising the implementation of the international agreement; is of the opinion that such an authority should be agreed and established
Amendment 27 #
Motion for a resolution Paragraph 12 12. Considers that the international agreement should include a provision allowing the EU to suspend or revoke the latter should there be a breach of personal data by a law enforcement authority and considers that the independent supervisory body should also be competent to
Amendment 28 #
Motion for a resolution Paragraph 12 12. Considers that
Amendment 29 #
Motion for a resolution Paragraph 12 12. Considers that
Amendment 3 #
Motion for a resolution Citation 10 a (new) Amendment 30 #
Motion for a resolution Paragraph 12 12. Considers of utmost importance that the independent supervisory body is
Amendment 31 #
Motion for a resolution Paragraph 13 13. Is of the opinion that a clear definition of the concept of individual cases is needed as this concept is needed to assess the necessity and proportionality of data transfers; highlights that this definition should normally only refer to actual criminal investigations, and
Amendment 32 #
Motion for a resolution Paragraph 13 a (new) 13 a. Is of the opinion that a clear definition of the concept of reasonable grounds is needed as this concept is needed to assess the necessity and proportionality of data transfers; highlights that this definition should only refer to actual criminal investigations and not to criminal intelligence operations targeting specific individuals considered as suspects;
Amendment 33 #
Motion for a resolution Paragraph 14 14. Stresses that data transferred to a receiving authority can never be further processed by other authorities and that, to this end, an exhaustive list of the competent authorities in the Kingdom of Morocco to which Europol can transfer data should be set up, including a description of the authorities’ competences; considers that any
Amendment 34 #
Motion for a resolution Paragraph 15 15. Insists on the need to expressly indicate that onward transfers of information from the competent authorities of the Kingdom of Morocco to other authorities in the Kingdom of Morocco can only be allowed to fulfil the original purpose of the transfer by Europol and should always be
Amendment 35 #
Motion for a resolution Paragraph 15 15. Insists on the need to expressly indicate that onward transfers of information from the competent authorities of the Kingdom of Morocco to other authorities in the Kingdom of Morocco can only be allowed to fulfil the original purpose of the transfer by Europol and should always be communicated to the
Amendment 36 #
Motion for a resolution Paragraph 17 17. Considers that the international agreement with the Kingdom of Morocco should include data subjects’ right to information, rectification and erasure as provided for in other Union legislation on data protection;
Amendment 37 #
Motion for a resolution Paragraph 18 18. Points out 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 is extremely sensitive and gives rise to profound concerns given the different legal framework, societal characteristics and cultural background of the Kingdom of Morocco compared with the European Union; highlights the fact that criminal acts are defined differently in the Union from in the Kingdom of Morocco; is of the opinion
Amendment 38 #
Motion for a resolution Paragraph 18 18. Points out 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 is extremely sensitive and gives rise to profound concerns given the different legal framework, societal characteristics and cultural background of the Kingdom of Morocco compared with the European Union; highlights the fact that criminal acts are defined differently in the Union from in the Kingdom of Morocco; is of the opinion that such a transfer of data should therefore only take place in very exceptional cases, and only if there is a precise and particularly solid justification based on grounds other than the protection of public security against terrorism, and with clear safeguards for the data subject and persons linked to the data subject; Considers it necessary to impose safeguards on the Kingdom of Morocco as regards respect for freedom of expression, freedom of religion, human dignity and so forth;
Amendment 39 #
Motion for a resolution Paragraph 18 a (new) 18 a. Calls the Council and the Commission to refrain from starting any negotiations with the Kingdom of Morocco until the impact assessment referred to in points 1 and 3 demonstrates: (a) the necessity and proportionality of an international agreement with that country, (b) that the level of data protection resulting from these agreements is essentially equivalent to the level of protection provided by EU law, in particular with regard to the purpose limitation principle, the right of access, the right to rectification and the control by an independent authority, (c) that the Kingdom of Morocco provides for adequate safeguards as regards the protection of fundamental rights and freedom protected by the Charter, particularly the freedom of expression, freedom of religion, and human dignity;
Amendment 4 #
Motion for a resolution Recital B B. whereas international agreements allowing Europol and third countries to cooperate and exchange personal data
Amendment 40 #
Motion for a resolution Paragraph 18 a (new) 18 a. Stresses the importance of the agreement, as currently Europol does not have any personal data sharing agreements with countries in the MENA region, to enhance the security of the whole of the European Union by improving counter-terrorism efforts and combatting organised crime and irregular migration;
Amendment 41 #
Motion for a resolution Paragraph 18 a (new) 18 a. Believes that a monitoring mechanism should be included in the agreement and it should be made subject to periodic assessments to evaluate its functioning in relation to the operational needs of Europol as well as its compliance with European data protection rights and principles;
Amendment 42 #
Motion for a resolution Paragraph 18 a (new) 18 a. Calls on the Commission to seek the advice of the EDPS before the finalisation of the international agreement in accordance with Regulation (EC) No 2016/794 and Regulation(EC) No 45/2001;
Amendment 43 #
Motion for a resolution Paragraph 18 b (new) 18 b. Stresses that the European Parliament will give its consent to the conclusion of the agreement only if such an agreement does not pose risks for the rights to privacy and data protection, nor for other fundamental rights and freedoms protected by the Charter; in this regard, pursuant to Article 218 Paragraph 11 TFEU, the European Parliament will request an opinion of the Court of Justice as to whether the envisaged agreement is compatible with the Treaties;
Amendment 44 #
Motion for a resolution Paragraph 18 b (new) 18 b. Stresses that the consent of the European Parliament to the conclusion of the agreement will be conditional upon satisfactory involvement of the European Parliament at all stages of the procedure in accordance with article 218 TFEU;
Amendment 45 #
Motion for a resolution Paragraph 18 b (new) 18 b. Calls on the Commission to keep its competent committee informed about the progress of negotiations on the international agreement;
Amendment 46 #
Motion for a resolution Paragraph 18 c (new) 18 c. Requests that, in order to be fully in line with the above-mentioned Regulation 2016/794, and in particular pursuant to article 51(1) of the said Regulation, no negotiation is undertaken before the Rules of Procedures of the Joint Parliamentary Scrutiny group (JPSG) are approved and in effect;
Amendment 5 #
Motion for a resolution Recital C a (new) C a. whereas the Europol programming document 2018-20206a highlights the increasing relevance of an enhanced multi-disciplinary approach, including the pooling of necessary expertise and information from an expanding range of partners, for the delivery of Europol's mission; _________________ 6aEuropol Programming Document 2018- 2020 adopted by Europol's Management Board on 30 November 2017, EDOC# 856927v18.
Amendment 6 #
Motion for a resolution Recital C b (new) C b. whereas the Europol External Strategy 2017-20207a underlines the need for closer cooperation between Europol and the Middle East/North Africa (MENA) in light of the current terrorist threats as well as migration-related challenges; _________________ 7aEuropol External Strategy 2017-2020, adopted by the Europol Management Board on 13 December 2016, EDOC#865852v3.
Amendment 7 #
Motion for a resolution Recital C c (new) C c. whereas Parliament underlined in its 2017 Resolution on the Fight against cybercrime (2017/268(INI)) that strategic and operational cooperation agreements between Europol and third countries facilitate both the exchange of information and practical cooperation in the fight against cybercrime;
Amendment 8 #
Motion for a resolution Recital D D. whereas Europol has already set up multiple agreements on data exchange with third countries in the past, such as Albania, Australia, Bosnia and Herzegovina, Canada, Colombia, Former Yugoslav Republic of Macedonia, Georgia, Iceland, Liechtenstein, Moldova, Monaco, Montenegro, Norway, Serbia, Switzerland, Ukraine, United States of America;
Amendment 9 #
Motion for a resolution Recital D a (new) D a. whereas Europol has set up multiple operational agreements with third organisations including with the then called European Operational Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex) – now European Border Guard and Coast Guard Agency -in December 2015 providing for in its Article 9 for the transfer of personal data by Frontex to Europol in the case of persons suspected, on reasonable grounds, by the competent authorities of the Member States of involvement in cross-border crime activities as referred to in Article 3(1) of the agreement;
source: 622.355
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