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2020/0349(COD) Strengthening Europol’s mandate: cooperation with private parties, processing of personal data, and support for research and innovation

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead LIBE ZARZALEJOS Javier (icon: EPP EPP) ROBERTI Franco (icon: S&D S&D), TUDORACHE Dragoş (icon: Renew Renew), BRICMONT Saskia (icon: Verts/ALE Verts/ALE), VANDENDRIESSCHE Tom (icon: ID ID), JAKI Patryk (icon: ECR ECR), DALY Clare (icon: GUE/NGL GUE/NGL)
Committee Opinion BUDG HERBST Niclas (icon: EPP EPP) Nicolae ŞTEFĂNUȚĂ (icon: RE RE), Henrike HAHN (icon: Verts/ALE Verts/ALE), Silvia MODIG (icon: GUE/NGL GUE/NGL), Bogdan RZOŃCA (icon: ECR ECR), Hélène LAPORTE (icon: ID ID), Elisabetta GUALMINI (icon: S&D S&D)
Committee Opinion CONT
Lead committee dossier:
Legal Basis:
TFEU 088-p2-a1

Events

2022/06/27
   Final act published in Official Journal
2022/06/08
   EC - Commission response to text adopted in plenary
Documents
2022/06/08
   CSL - Draft final act
Documents
2022/06/08
   CSL - Final act signed
2022/05/24
   EP/CSL - Act adopted by Council after Parliament's 1st reading
2022/05/04
   EP - Results of vote in Parliament
2022/05/04
   EP - Decision by Parliament, 1st reading
Details

The European Parliament adopted by 480 votes to 143, with 20 abstentions a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2016/794, as regards Europol’s cooperation with private parties, the processing of personal data by Europol in support of criminal investigations, and Europol’s role on research and innovation.

The European Union Agency for Law Enforcement Cooperation (Europol) is an EU agency with a crucial role in police cooperation. The proposed regulation aims to strengthen Europol's resources to better support Member States in their fight against new threats and modus operandi.

The European Parliament's first-reading position under the ordinary legislative procedure amends the Commission's proposal as follows.

Research and innovation

Given the challenges posed to the security of the Union by rapid technological developments and the exploitation of new technologies by terrorists and other criminals, the Regulation mandates Europol to assist Member States in using emerging technologies, exploring new approaches and developing common technological solutions to enable them to prevent and combat more effectively the forms of crime which fall within Europol's objectives.

At the same time, Europol should ensure that the development, use and deployment of new technologies are guided by the principles of transparency, explainability, fairness and accountability, do not undermine fundamental rights and freedoms and are in compliance with Union law.

Processing of large data sets

The data collected in the context of criminal investigations has grown in size and complexity. Member States, through their own data analysis, cannot always detect cross-border links.

Under the draft regulation, Europol should be able to process large and complex data sets to support Member States in their fight against serious crime and terrorism. The draft also contains strict requirements to ensure that any data processing by Europol is always in line with fundamental rights, including the right to privacy, as the regulation is aligned with the EU data protection regulation.

Transitional arrangements

In the draft Regulation, a new article has been introduced to further clarify the situation of data currently in the possession of Europol. A transitional measure will allow Member States, the European Public Prosecutor's Office and Eurojust to inform Europol that they wish to apply the new Europol mandate in respect of such data. Europol would, in that case, be able to continue to support investigations based on these data. In general, the text aims at reconciling the efficiency of the agency with full compliance with data protection rules.

Cooperation with private parties

In order to prevent and combat forms of crime falling within Europol's objectives, Europol should support Member States' actions aimed at effectively combating the dissemination of terrorist content in the context of online crisis situations arising from current or recent real events, as well as the online dissemination of child pornography .

Due to the increased use of online services by criminals, private parties hold increasing amounts of personal data, including subscriber, traffic and content data, which are potentially useful for criminal investigations.

Under the draft regulation, Europol should be able to receive personal data directly from private parties , thus providing a contact point at EU level to legally share data sets from several authorities. Europol should then analyse these datasets in order to identify the Member States concerned and forward the information to national authorities.

Cooperation with third countries

The draft regulation extends the scope for Europol to cooperate with third countries. It introduces the possibility to exchange personal data with countries where appropriate safeguards have been provided for in a legally binding instrument or exist based on a self-assessment carried out in the framework of Europol.

In the absence of an adequacy decision, the Management Board may authorise Europol to transfer personal data to a competent authority of a third country or to an international organisation where: (i) appropriate safeguards with regard to the protection of personal data are provided for in a legally binding instrument; or (ii) Europol has assessed all the circumstances surrounding the transfer of personal data and has concluded that appropriate safeguards exist with regard to the protection of personal data.

Cooperation with the European Public Prosecutor’s Office (EPPO)

Europol should work closely with the EPPO and support the investigations of the EPPO, upon its request. Europol should also report to the EPPO without delay any criminal conduct which falls under the EPPO’s competence. To enhance the operational cooperation between the two bodies, the draft regulation also sets down the rules for access to Europol’s data by the EPPO.

SIS alerts

Europol should be able to propose to Member States, on the basis of information received from third countries or international organisations, to enter alerts in the Schengen Information System (SIS) for information in the interest of the Union on persons involved in terrorist activities or serious crime.

Own-initiative investigations

The new mandate should allow the Executive Director of Europol to propose opening a national investigation into non-cross-border crimes affecting a common interest covered by an EU policy. It should be up to the national authorities to decide whether or not to comply with this request.

Documents
2022/05/03
   EP - Debate in Parliament
2022/03/16
   EP - Approval in committee of the text agreed at 1st reading interinstitutional negotiations
2021/10/21
   EP - Committee decision to enter into interinstitutional negotiations confirmed by plenary (Rule 71 - vote)
2021/10/18
   EP - Committee decision to enter into interinstitutional negotiations announced in plenary (Rule 71)
2021/10/15
   EP - Committee report tabled for plenary, 1st reading
Details

The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Javier ZARZALEJOS (EPP, ES) on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2016/794, as regards Europol’s cooperation with private parties, the processing of personal data by Europol in support of criminal investigations, and Europol’s role on research and innovation.

The committee responsible recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the proposal as follows:

Tasks

Members proposed that Europol should cooperate with Financial Intelligence Units (FIUs) to support cross-border investigations by Member States into the money laundering activities of transnational criminal organisations and terrorism financing. Europol should also support the Commission and Member States in the screening of specific cases of foreign direct investments into the EU that concern undertakings providing technologies, including software or critical technologies that could be used to facilitate terrorism .

Request by Europol for the initiation of a criminal investigation

The report added that where Europol considers that a criminal investigation should be initiated into a specific crime which affects a common interest covered by a Union policy but is not of a cross-border nature, it should request the competent authorities of the Member State concerned via the national unit to initiate, conduct or coordinate such criminal investigation.

Multiannual programming and annual work programmes

Members suggested that the multiannual programming should set out the overall strategic programming, including the objectives, expected results and performance indicators. It should also set out the resource planning, including the multiannual budget and staff. It should also include the strategy for relations with third countries and international organisations and its planned research and innovation activities .

Transfer of personal data to third countries and international organisations

In the absence of an adequacy decision, the report proposed that Europol may transfer personal data to a third country or an international organisation where:

- appropriate safeguards regarding the protection of personal data are provided for in a legally binding instrument; or

- Europol has assessed all the circumstances surrounding the transfer of personal data and has concluded that appropriate safeguards exist with regard to the protection of personal data.

Exchanges of personal data with private parties

According to Members, Europol may send a request to Member States to provide it with personal data from private parties, that are established or have a legal representative in their territory. Such a request shall be reasoned and as targeted as possible. Europol should also carry out an assessment of the possible security risks posed by the opening of its infrastructure for use by private parties and, where necessary, implement appropriate preventive and mitigating measures.

Data Protection Officer

The report specified that the Data Protection Officer should be appointed for a term of four years and shall be eligible for reappointment. The Data Protection Officer may make recommendations to the Management Board for the practical improvement of data protection and advise on matters concerning the application of data protection provisions.

Fundamental Rights Officer

Members proposed that a Fundamental Rights Officer should be appointed to:

- monitor Europol's compliance with fundamental rights;

- promote Europol's respect of fundamental rights in the performance of its tasks and activities;

- advise Europol where he or she deems it necessary or where requested on any activity of Europol without impeding or delaying those activities.

Moreover, the report provided that all Europol staff involved in operational tasks involving personal data processing should receive mandatory training on the protection of fundamental rights and freedoms, including with regard to the processing of personal data.

Adequate funding

Members highlighted that expanding Europol’s mandate and the scope of its data processing activities will require the EDPS to dedicate additional financial and human resources to exercise its supervisory role as regards Europol.

Joint Parliamentary scrutiny

The report stressed the importance of providing Europol with additional tools and capabilities requires reinforcing the democratic oversight, transparency and accountability of Europol. Joint parliamentary scrutiny constitutes an important element of political monitoring of Europol's activities. To enable effective political monitoring of the way Europol applies additional tools and capabilities, Europol should provide the Joint Parliamentary Scrutiny Group with annual information on the use of these tools and capabilities and the result thereof.

Documents
2021/10/12
   EP - Vote in committee, 1st reading
2021/10/12
   EP - Committee decision to open interinstitutional negotiations with report adopted in committee
2021/06/08
   EP - Amendments tabled in committee
Documents
2021/06/08
   EP - Amendments tabled in committee
Documents
2021/06/02
   EP - Committee opinion
Documents
2021/05/10
   EP - Committee draft report
Documents
2021/04/05
   DE_BUNDESRAT - Contribution
Documents
2021/03/18
   ES_PARLIAMENT - Contribution
Documents
2021/03/08
   EDPS - Document attached to the procedure
2021/02/28
   NL_SENATE - Contribution
Documents
2021/02/10
   EP - ZARZALEJOS Javier (EPP) appointed as rapporteur in LIBE
2021/02/08
   EP - Committee referral announced in Parliament, 1st reading
2021/01/14
   EP - HERBST Niclas (EPP) appointed as rapporteur in BUDG
2020/12/14
   EC - Document attached to the procedure
Documents
2020/12/10
   EC - Document attached to the procedure
Documents
2020/12/10
   EC - Document attached to the procedure
2020/12/09
   EC - Legislative proposal published
Details

PURPOSE: to strengthen Europol’s mandate to support Member States in preventing and combatting serious crime and terrorism.

PROPOSED ACT: Regulation of the European Parliament and of the Council.

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure and on an equal footing with the Council.

BACKGROUND: the EU faces a security landscape in flux, with evolving and increasingly complex security threats. Criminals and terrorists exploit the advantages that the digital transformation and new technologies bring about, including the inter-connectivity and blurring of the boundaries between the physical and digital world. The COVID-19 crisis has added to this, as criminals have quickly seized opportunities to exploit the crisis by adapting their modes of operation or developing new criminal activities.

These threats spread across borders and manifest themselves in poly-criminal organised crime groups that engage in a wide range of criminal activities. As action at national level alone does not suffice to address these transnational security challenges, therefore the Commission proposes to enhance Europol’s mandate in order to give further support to Member States’ law enforcement authorities.

This Commission proposal is part of the Counter-Terrorism package.

CONTENT: this proposal aims to support and strengthen action by the Member States’ law enforcement services and their mutual cooperation in preventing and combating serious crime affecting two or more Member States, terrorism and forms of crime which affect a common interest covered by a Union policy.

Specific provisions of the new mandate

The new mandate should:

- ensure effective cooperation between Europol and private parties: terrorists often abuse the services provided by private companies to recruit volunteers, to carry out terrorist attacks and to disseminate their propaganda. The revised mandate would allow private parties to refer such information directly to Europol. The Agency would be able to receive personal data directly from private parties and analyse it to identify all Member States concerned; request personal data from private parties (via the Member State where it is located); and act as a channel for Member States' requests to private parties, in compliance with data protection requirements;

- enable Europol to exchange personal data with private parties related to crisis response: the proposal sets out rules for Europol to support Member States in preventing the large scale dissemination, via online platforms, of terrorist content related to on-going or recent real-world events depicting harm to life or physical integrity. Europol would be able to exchange personal data with private parties, including hashes, IP addresses or URLs related to such content;

- allow Europol to analyse large datasets (‘big data') to support criminal investigations, considering that the processing of large data sets is an integral part of police work in today's digital world;

- improve Europol's cooperation with the European Public Prosecutor's Office, including through analytical support to the work of the European Public Prosecutor's Office and information exchange, and with the European Anti-Fraud Office;

- reinforce Europol's role in developing new technologies for law enforcement, helping to equip national law enforcement authorities with modern technologies to counter serious crime and terrorism;

- strengthen Europol's data protection framework, accountability and democratic oversight, including by introducing new reporting obligations for Europol to the Joint Parliamentary Scrutiny Group in charge of monitoring its activities.

Budgetary implications

The proposal would have an impact on the budget and staff needs of Europol. It is estimated that an additional budget of around EUR 180 million and around 160 additional posts would be needed for the overall MFF period to ensure that Europol has the necessary resources to enforce its revised mandate.

This increase in staff and budget would give Europol the means to fulfil its strengthened mandate. It would provide the European Counter Terrorism Centre with adequate resources and to enable its EU Internet Referral Unit to monitor and refer all types of terrorist content to online platforms with a 24/7 availability.

The revision of Europol's mandate also opens the possibility for Member States to contribute directly to Europol's budget, where necessary and required by existing or new tasks.

Documents

Activities

Votes

Modification du règlement (UE) 2016/794 en ce qui concerne la coopération d’Europol avec les parties privées, le traitement de données à caractère personnel par Europol à l’appui d’enquêtes pénales et le rôle d’Europol en matière de recherche et d’innovation - Amending Regulation (EU) 2016/794, as regards Europol’s cooperation with private parties, the processing of personal data by Europol in support of criminal investigations, and Europol’s role on research and innovation - Änderung der Verordnung (EU) 2016/794 in Bezug auf die Zusammenarbeit von Europol mit privaten Parteien, die Verarbeitung personenbezogener Daten durch Europol zur Unterstützung strafrechtlicher Ermittlungen und die Rolle von Europol in Forschung und Innovation - A9-0290/2021 - Javier Zarzalejos - Décision d’engager des négociations interinstitutionnelles (commission LIBE) #

2021/10/21 Outcome: +: 538, -: 151, 0: 7
IT PL ES DE RO HU BG AT SE HR NL PT BE CZ SK SI LT DK EE LV FI MT EL LU CY IE FR
Total
75
52
58
94
30
21
17
19
20
12
29
20
21
21
14
8
11
14
7
8
14
6
21
6
6
13
79
icon: PPE PPE
176

Hungary PPE

1

Denmark PPE

For (1)

1

Estonia PPE

For (1)

1

Latvia PPE

2

Malta PPE

2

Luxembourg PPE

2
2
icon: S&D S&D
141

Belgium S&D

3

Czechia S&D

For (1)

1

Slovenia S&D

2

Lithuania S&D

2

Estonia S&D

2

Latvia S&D

2

Greece S&D

2

Luxembourg S&D

For (1)

1

Cyprus S&D

2
icon: Renew Renew
98

Italy Renew

2

Hungary Renew

2

Austria Renew

For (1)

1
3

Croatia Renew

For (1)

1

Slovenia Renew

2

Lithuania Renew

1

Estonia Renew

3

Latvia Renew

For (1)

1

Finland Renew

3

Luxembourg Renew

2

Ireland Renew

2
icon: ECR ECR
63

Germany ECR

1

Romania ECR

1

Bulgaria ECR

2

Croatia ECR

1

Netherlands ECR

4

Slovakia ECR

Abstain (1)

1

Lithuania ECR

1

Latvia ECR

2

Greece ECR

1
icon: ID ID
70
3

Netherlands ID

Against (1)

1

Czechia ID

Against (2)

2

Denmark ID

For (1)

1

Estonia ID

For (1)

1

Finland ID

2
icon: NI NI
37

Germany NI

2

Croatia NI

Abstain (1)

2

Netherlands NI

Against (1)

1

Slovakia NI

2

Lithuania NI

1
icon: The Left The Left
38

Sweden The Left

Against (1)

1

Netherlands The Left

Against (1)

1

Belgium The Left

Against (1)

1

Czechia The Left

Against (1)

1

Denmark The Left

Against (1)

1

Finland The Left

Against (1)

1

Cyprus The Left

2

Ireland The Left

4
icon: Verts/ALE Verts/ALE
73

Poland Verts/ALE

Against (1)

1

Spain Verts/ALE

3

Austria Verts/ALE

3

Sweden Verts/ALE

3

Netherlands Verts/ALE

3

Portugal Verts/ALE

Against (1)

1

Belgium Verts/ALE

3

Czechia Verts/ALE

3

Lithuania Verts/ALE

2

Denmark Verts/ALE

2

Latvia Verts/ALE

Against (1)

1

Finland Verts/ALE

3

Luxembourg Verts/ALE

Against (1)

1

Ireland Verts/ALE

2

Renforcement du mandat d'Europol: coopération avec des parties privées, traitement de données à caractère personnel, et appui à la recherche et l'innovation - Strengthening Europol’s mandate: cooperation with private parties, processing of personal data, and support for research and innovation - Das Mandat von Europol stärken: Zusammenarbeit mit privaten Parteien, Verarbeitung personenbezogener Daten und Unterstützung bei Forschung und Innovation - A9-0290/2021 - Javier Zarzalejos - Accord provisoire - Am 202 #

2022/05/04 Outcome: +: 480, -: 143, 0: 20
IT PL FR ES RO HU BG SE PT HR BE SK LT CZ DK FI SI LV EE MT EL AT CY IE LU NL DE
Total
71
45
67
57
27
19
14
20
21
12
20
12
10
19
14
14
7
7
6
5
18
18
6
13
6
27
88
icon: PPE PPE
162

Hungary PPE

1

Denmark PPE

For (1)

1

Slovenia PPE

3

Latvia PPE

2

Estonia PPE

For (1)

1

Malta PPE

For (1)

1
2

Luxembourg PPE

2
icon: Renew Renew
94

Italy Renew

3

Poland Renew

1

Hungary Renew

2
3

Croatia Renew

For (1)

1

Lithuania Renew

1

Finland Renew

3

Slovenia Renew

2

Latvia Renew

For (1)

1

Estonia Renew

2

Austria Renew

For (1)

1

Ireland Renew

2

Luxembourg Renew

For (1)

Against (1)

2
icon: S&D S&D
133

Belgium S&D

For (1)

3

Slovakia S&D

2

Lithuania S&D

2

Czechia S&D

For (1)

1

Slovenia S&D

For (1)

Abstain (1)

2

Latvia S&D

2

Estonia S&D

For (1)

Abstain (1)

2

Greece S&D

2

Cyprus S&D

2

Luxembourg S&D

For (1)

1

Netherlands S&D

For (1)

5
icon: ECR ECR
54

Bulgaria ECR

1

Croatia ECR

1

Belgium ECR

2

Slovakia ECR

For (1)

1

Lithuania ECR

1

Latvia ECR

For (1)

1

Greece ECR

1

Netherlands ECR

4

Germany ECR

1
icon: ID ID
61

Czechia ID

Against (2)

2

Denmark ID

For (1)

1

Finland ID

2

Estonia ID

For (1)

1
3

Netherlands ID

Against (1)

1
icon: NI NI
38

France NI

2

Slovakia NI

Against (1)

Abstain (1)

2

Lithuania NI

1

Latvia NI

Against (1)

1

Germany NI

For (1)

3
icon: The Left The Left
36

France The Left

4

Sweden The Left

Against (1)

1

Portugal The Left

4

Belgium The Left

Against (1)

1

Czechia The Left

Against (1)

1

Denmark The Left

Against (1)

1

Finland The Left

Against (1)

1

Cyprus The Left

2

Ireland The Left

Abstain (1)

4

Netherlands The Left

Against (1)

1
icon: Verts/ALE Verts/ALE
65

Poland Verts/ALE

Against (1)

1

Spain Verts/ALE

3

Sweden Verts/ALE

2

Portugal Verts/ALE

Against (1)

1

Belgium Verts/ALE

3

Lithuania Verts/ALE

Against (1)

1

Czechia Verts/ALE

3

Denmark Verts/ALE

2

Finland Verts/ALE

3

Austria Verts/ALE

3

Ireland Verts/ALE

2

Luxembourg Verts/ALE

Against (1)

1

Netherlands Verts/ALE

3
AmendmentsDossier
464 2020/0349(COD)
2021/04/19 BUDG 32 amendments...
source: 691.344
2021/06/08 LIBE 1 amendments...
source: 693.804
2021/06/10 LIBE 431 amendments...
source: 693.801

History

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

docs/8
date
2022-04-26T00:00:00
docs
title: PE731.636
type
Amendments tabled in committee
body
EP
docs/10
date
2021-04-05T00:00:00
docs
url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2020)0796 title: COM(2020)0796
type
Contribution
body
DE_BUNDESRAT
docs/10/docs/0/url
Old
http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2020)0796
New
https://connectfolx.europarl.europa.eu/connefof/app/exp/COM(2020)0796
docs/11
date
2021-04-05T00:00:00
docs
url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2020)0796 title: COM(2020)0796
type
Contribution
body
DE_BUNDESRAT
docs/11
date
2021-03-18T00:00:00
docs
url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2020)0796 title: COM(2020)0796
type
Contribution
body
ES_PARLIAMENT
docs/11/docs/0/url
Old
http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2020)0796
New
https://connectfolx.europarl.europa.eu/connefof/app/exp/COM(2020)0796
docs/12
date
2021-03-18T00:00:00
docs
url: http://www.connefof.europarl.europa.eu/connefof/app/exp/COM(2020)0796 title: COM(2020)0796
type
Contribution
body
ES_PARLIAMENT
docs/12
date
2021-02-28T00:00:00
docs
url: https://connectfolx.europarl.europa.eu/connefof/app/exp/COM(2020)0796 title: COM(2020)0796
type
Contribution
body
NL_SENATE
events/8/docs
  • url: https://www.europarl.europa.eu/doceo/document/CRE-9-2022-05-03-TOC_EN.html title: Debate in Parliament
events/13/docs
  • title: Regulation 2022/991 url: https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32022R0991
  • title: OJ L 169 27.06.2022, p. 0001 url: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2022:169:TOC
links
Research document
procedure/Legislative priorities/0
title
Joint Declaration 2022
url
https://oeil.secure.europarl.europa.eu/oeil/popups/thematicnote.do?id=41360&l=en
procedure/final
title
Regulation 2022/991
url
https://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=EN&numdoc=32022R0991
docs/9
date
2022-05-04T00:00:00
docs
url: https://www.europarl.europa.eu/doceo/document/TA-9-2022-0142_EN.html title: T9-0142/2022
type
Text adopted by Parliament, 1st reading/single reading
body
EP
events/10/summary
  • The European Parliament adopted by 480 votes to 143, with 20 abstentions a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2016/794, as regards Europol’s cooperation with private parties, the processing of personal data by Europol in support of criminal investigations, and Europol’s role on research and innovation.
  • The European Union Agency for Law Enforcement Cooperation (Europol) is an EU agency with a crucial role in police cooperation. The proposed regulation aims to strengthen Europol's resources to better support Member States in their fight against new threats and modus operandi.
  • The European Parliament's first-reading position under the ordinary legislative procedure amends the Commission's proposal as follows.
  • Research and innovation
  • Given the challenges posed to the security of the Union by rapid technological developments and the exploitation of new technologies by terrorists and other criminals, the Regulation mandates Europol to assist Member States in using emerging technologies, exploring new approaches and developing common technological solutions to enable them to prevent and combat more effectively the forms of crime which fall within Europol's objectives.
  • At the same time, Europol should ensure that the development, use and deployment of new technologies are guided by the principles of transparency, explainability, fairness and accountability, do not undermine fundamental rights and freedoms and are in compliance with Union law.
  • Processing of large data sets
  • The data collected in the context of criminal investigations has grown in size and complexity. Member States, through their own data analysis, cannot always detect cross-border links.
  • Under the draft regulation, Europol should be able to process large and complex data sets to support Member States in their fight against serious crime and terrorism. The draft also contains strict requirements to ensure that any data processing by Europol is always in line with fundamental rights, including the right to privacy, as the regulation is aligned with the EU data protection regulation.
  • Transitional arrangements
  • In the draft Regulation, a new article has been introduced to further clarify the situation of data currently in the possession of Europol. A transitional measure will allow Member States, the European Public Prosecutor's Office and Eurojust to inform Europol that they wish to apply the new Europol mandate in respect of such data. Europol would, in that case, be able to continue to support investigations based on these data. In general, the text aims at reconciling the efficiency of the agency with full compliance with data protection rules.
  • Cooperation with private parties
  • In order to prevent and combat forms of crime falling within Europol's objectives, Europol should support Member States' actions aimed at effectively combating the dissemination of terrorist content in the context of online crisis situations arising from current or recent real events, as well as the online dissemination of child pornography .
  • Due to the increased use of online services by criminals, private parties hold increasing amounts of personal data, including subscriber, traffic and content data, which are potentially useful for criminal investigations.
  • Under the draft regulation, Europol should be able to receive personal data directly from private parties , thus providing a contact point at EU level to legally share data sets from several authorities. Europol should then analyse these datasets in order to identify the Member States concerned and forward the information to national authorities.
  • Cooperation with third countries
  • The draft regulation extends the scope for Europol to cooperate with third countries. It introduces the possibility to exchange personal data with countries where appropriate safeguards have been provided for in a legally binding instrument or exist based on a self-assessment carried out in the framework of Europol.
  • In the absence of an adequacy decision, the Management Board may authorise Europol to transfer personal data to a competent authority of a third country or to an international organisation where: (i) appropriate safeguards with regard to the protection of personal data are provided for in a legally binding instrument; or (ii) Europol has assessed all the circumstances surrounding the transfer of personal data and has concluded that appropriate safeguards exist with regard to the protection of personal data.
  • Cooperation with the European Public Prosecutor’s Office (EPPO)
  • Europol should work closely with the EPPO and support the investigations of the EPPO, upon its request. Europol should also report to the EPPO without delay any criminal conduct which falls under the EPPO’s competence. To enhance the operational cooperation between the two bodies, the draft regulation also sets down the rules for access to Europol’s data by the EPPO.
  • SIS alerts
  • Europol should be able to propose to Member States, on the basis of information received from third countries or international organisations, to enter alerts in the Schengen Information System (SIS) for information in the interest of the Union on persons involved in terrorist activities or serious crime.
  • Own-initiative investigations
  • The new mandate should allow the Executive Director of Europol to propose opening a national investigation into non-cross-border crimes affecting a common interest covered by an EU policy. It should be up to the national authorities to decide whether or not to comply with this request.
events/13
date
2022-06-27T00:00:00
type
Final act published in Official Journal
procedure/stage_reached
Old
Procedure completed, awaiting publication in Official Journal
New
Procedure completed