2020/0349(COD) Strengthening Europol’s mandate: cooperation with private parties, processing of personal data, and support for research and innovation
Lead committee dossier:
Progress: Awaiting Parliament's position in 1st reading
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | LIBE |
ZARZALEJOS Javier ( EPP)
|
ROBERTI Franco ( S&D),
TUDORACHE Dragoş ( Renew),
BRICMONT Saskia ( Verts/ALE),
VANDENDRIESSCHE Tom ( ID),
JAKI Patryk ( ECR),
DALY Clare ( GUE/NGL)
|
| Committee Opinion | BUDG |
HERBST Niclas ( EPP)
|
Nicolae ŞTEFĂNUȚĂ ( RE),
Henrike HAHN ( Verts/ALE),
Silvia MODIG ( GUE/NGL),
Bogdan RZOŃCA ( ECR),
Hélène LAPORTE ( ID),
Elisabetta GUALMINI ( S&D)
|
| Committee Opinion | CONT |
Lead committee dossier:
Legal Basis:
TFEU 088-p2-a1
Legal Basis:
TFEU 088-p2-a1Subjects
Events
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
2021/04/06
DE_BUNDESRAT - Contribution
Documents
2021/03/19
ES_PARLIAMENT - Contribution
Documents
2021/03/08
EDPS - Document attached to the procedure
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
Documents
2020/12/09
EC - Legislative proposal
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
Documents
- Committee report tabled for plenary, 1st reading: A9-0290/2021
- Amendments tabled in committee: PE693.804
- Amendments tabled in committee: PE693.801
- Committee opinion: PE689.865
- Committee draft report: PE689.818
- Contribution: COM(2020)0796
- Contribution: COM(2020)0796
- Document attached to the procedure: OJ C 143 23.04.2021, p. 0006
- Document attached to the procedure: N9-0018/2021
- Document attached to the procedure: SEC(2020)0545
- Document attached to the procedure: SWD(2020)0543
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2020)0544
- Legislative proposal: COM(2020)0796
- Legislative proposal: EUR-Lex
- Legislative proposal: COM(2020)0796 EUR-Lex
- Document attached to the procedure: SWD(2020)0543
- Document attached to the procedure: EUR-Lex SWD(2020)0544
- Document attached to the procedure: SEC(2020)0545
- Document attached to the procedure: OJ C 143 23.04.2021, p. 0006 N9-0018/2021
- Committee draft report: PE689.818
- Committee opinion: PE689.865
- Amendments tabled in committee: PE693.804
- Amendments tabled in committee: PE693.801
- Contribution: COM(2020)0796
- Contribution: COM(2020)0796
Activities
- Rainer WIELAND
Plenary Speeches (2)
- 2022/05/03 Strengthening Europol’s mandate: cooperation with private parties, processing of personal data, and support for research and innovation (debate)
- 2022/05/03 Strengthening Europol’s mandate: cooperation with private parties, processing of personal data, and support for research and innovation (debate)
- Javier ZARZALEJOS
Plenary Speeches (2)
- 2022/05/03 Strengthening Europol’s mandate: cooperation with private parties, processing of personal data, and support for research and innovation (debate)
- 2022/05/03 Strengthening Europol’s mandate: cooperation with private parties, processing of personal data, and support for research and innovation (debate)
- Jeroen LENAERS
- Juan Fernando LÓPEZ AGUILAR
- Stanislav POLČÁK
- Paul TANG
- Clare DALY
- Saskia BRICMONT
- Dragoş TUDORACHE
- Evin INCIR
- Frances FITZGERALD
- Lena DÜPONT
- Rob ROOKEN
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
PPE
NI
The Left| Amendments | Dossier |
| 464 |
2020/0349(COD)
2021/04/19
BUDG
32 amendments...
Amendment 15 #
Proposal for a regulation Recital 2 (2) Europe 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, which instrumentalise and exploit the debts and the lack of income brought about by the COVID-19 crisis. The Union’s economic recovery depends largely on its capacity to prevent and eradicate financial crime. Terrorism remains a significant threat to the freedom and way of life of the Union and its citizens.
Amendment 16 #
Proposal for a regulation Recital 4 (4) As Europe faces increasing threats from organised crime groups and terrorist attacks, an effective law enforcement response must include the availability of well-trained interoperable special intervention units specialised in the control of crisis situations. Such operationalisation of investigative instruments available in the Union’s legal framework is especially necessary in view of the unprecedented mobilisation of much higher amounts of financial resources under Next Generation EU. In the Union, the law
Amendment 17 #
Proposal for a regulation Recital 5 (5) In recent years large scale cyber attacks, including attacks originating from third countries, targeted public and private entities alike across many jurisdictions in the Union and beyond, affecting various sectors including transport, health and financial services. Cybercrime and cybersecurity cannot be separated in an interconnected environment. The prevention, investigation and prosecution of such activities is supported by coordination and cooperation between relevant actors, including the European Union Agency for Cybersecurity (‘ENISA’), competent authorities for the security of network and information
Amendment 18 #
Proposal for a regulation Recital 6 (6) High-risk criminals play a leading role in criminal networks and pose a high risk of serious crime to the Union’s internal security. To combat high-risk organised crime groups and their leading members, Europol should be able to support Member States in focusing their investigative response on identifying these persons, their criminal activities and financial assets, and the members of their criminal networks
Amendment 19 #
Proposal for a regulation Recital 13 (13) Europol provides specialised expertise for countering serious crime and terrorism. Upon request by a Member State, Europol staff should be able to provide operational support to that Member State’s law enforcement authorities on the ground in operations and investigations, in particular by facilitating cross-border information exchange and providing forensic and technical support in operations and investigations, including in the context of joint investigation teams, as well as in the recovery of assets. Upon request by a Member State, Europol staff should be entitled to be present when investigative measures are taken in that Member State and assist in the taking of these investigative measures. Europol staff should not have the power to execute investigative measures.
Amendment 20 #
Proposal for a regulation Recital 14 (14) One of Europol’s objectives is to support and strengthen action by the
Amendment 21 #
Proposal for a regulation Recital 14 (14) One of Europol’s objectives is to support and strengthen action by the competent authorities of the Member States and their mutual cooperation in preventing and combatting forms of crime which affect a common interest covered by a Union policy. To strengthen that support, Europol should be able to request the competent authorities of a Member State to initiate, conduct or coordinate a criminal investigation of a crime, which affects a common interest covered by a Union policy, even where the crime concerned is not of a cross-border nature. Europol should inform Eurojust and the European Public Prosecutor’s Office of such requests.
Amendment 22 #
Proposal for a regulation Recital 17 (17) Data collected in criminal investigations have been increasing in size and have become more complex. Member States submit large and complex datasets to Europol, requesting Europol’s operational analysis to detect links to other crimes and criminals in other Member States and outside the Union. Member States cannot detect such cross-border links through their own analysis of the data. Europol should be able to support Member States’ criminal investigations by processing large and complex datasets to detect such cross- border links where the strict requirements set out in this Regulation are fulfilled. Where necessary to support effectively a specific criminal investigation in a Member State, Europol should be able to process those data sets that national authorities have acquired in the context of that criminal investigation in accordance with procedural requirements and safeguards applicable under their national criminal law and subsequently submitted to Europol. Where a Member State provides Europol with an investigative case file requesting Europol’s support for a specific criminal investigation, Europol should be able to process all data contained in that file for as long as it supports that specific criminal investigation. Europol should also be able to process personal data that is necessary for its support to a specific criminal investigation in a Member State if that data originates from a third country, provided that the third country is subject to a Commission decision finding that the country ensures an adequate level of data protection (‘adequacy decision’), or, in the absence of an adequacy decision, an international agreement concluded by the
Amendment 23 #
Proposal for a regulation Recital 23 Amendment 24 #
Proposal for a regulation Recital 27 (27) Given the borderless nature of the internet, these services can often be provided from anywhere in the world. As a result, victims, perpetrators, and the digital infrastructure in which the personal data is stored and the service provider providing the service may all be subject to different national jurisdictions, within the Union and beyond. Private parties may therefore hold data sets relevant for law enforcement which contain personal data with links to multiple jurisdictions as well as personal data which cannot easily be attributed to any specific jurisdiction. National authorities find it difficult to effectively analyse such multi-jurisdictional or non- attributable data sets through national solutions. Europol should have in place measures to facilitate the cooperation of private parties, including with respect to the sharing of information. When private parties decide to lawfully and voluntarily share the data with law enforcement authorities, they do currently not have a single point of contact with which they can share such data sets at Union-level. Moreover, private parties face difficulties when receiving multiple requests from law enforcement authorities of different countries.
Amendment 25 #
Proposal for a regulation Recital 32 a (new) (32a) The Commission should ensure that the new Europol decryption platform will not be used to circumvent data protection standards and that it will maintain closely protected access rights to retrieved data.
Amendment 26 #
Proposal for a regulation Recital 39 (39) Europol should inform the European Data Protection Supervisor prior to the launch of its research and innovation projects that involve the processing of personal data. For each project, Europol should carry out, prior to the processing, an assessment of the impact of the envisaged processing operations on the protection of personal data and all other fundamental rights, including of any bias in the outcome. This should include an assessment of the appropriateness of the personal data to be processed for the specific purpose of the project. Such an assessment would facilitate the supervisory role of the European Data Protection Supervisor, including the exercise of its corrective powers under this Regulation which might also lead to a ban on processing. The development of new tools by Europol should be without prejudice to the legal basis, including grounds for processing the personal data concerned, that would subsequently be required for their deployment at Union or national level. To enable the European Data Protection Supervisor to carry out its increased responsibilities as a result of Europol’s revised mandate, without sacrificing the quality of its work, it should be afforded the necessary human and financial resources.
Amendment 27 #
Proposal for a regulation Recital 40 (40) 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
Amendment 28 #
Proposal for a regulation Recital 40 (40) Providing Europol with additional
Amendment 29 #
Proposal for a regulation Recital 40 a (new) (40a) The new objectives and responsibilities of Europol reinforce the Union’s capacities to cooperate with private parties and third countries, support Member States in investigations involving large and complex datasets, and its role with respect to research and innovation, in order to better fight against terrorism, cybercrime and other serious and organised forms of crime. The necessary appropriations for the purpose of financing these new responsibilities for Europol should be drawn exclusively from unallocated margins under the relevant MFF heading ceilings and/or through the mobilisation of the relevant MFF special instruments. The final amount should be authorised by the European Parliament and the Council through the annual budgetary procedure.
Amendment 30 #
Proposal for a regulation Recital 41 (41) Europol’s services provide added value to Member States and third countries. This includes Member States that do not take part in measures pursuant to Title V of Part Three of the Treaty on the Functioning of the European Union. Member States and third countries may contribute to Europol’s budget based on separate agreements. Europol should therefore be able to receive contributions from Member States and third countries on the basis of financial agreements within the scope of its objectives and tasks. The financial contributions that Europol can receive from the Member States or the third States should appear in the Europol budget as external assigned revenue and should be included in the annual accounts and in the annual report on the budgetary and financial management of Europol.
Amendment 31 #
Proposal for a regulation Recital 41 (41) Europol’s services provide added value to Member States and third countries. This includes Member States that do not take part in measures pursuant to Title V of
Amendment 32 #
Proposal for a regulation Recital 41 (41) Europol’s services provide added value to Member States and third countries. This includes Member States that do not take part in measures pursuant to Title V of Part Three of the Treaty on the Functioning of the European Union. Member States and third countries may contribute to Europol’s budget based on separate agreements, subject to transparency and scrutiny. Europol should therefore be able to receive contributions from Member States and third countries on the basis of financial agreements within the scope of its objectives and tasks.
Amendment 33 #
Proposal for a regulation Recital 41 a (new) (41a) It is necessary to provide Europol with additional human and financial resources so that it can carry out the tasks entrusted to it under this Regulation.
Amendment 34 #
Proposal for a regulation Recital 42 (42) Since the objective of this Regulation, namely 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, including the illicit marketing online of pharmaceutical products related to the COVID-19 pandemic, the trafficking of human beings, arms, drugs and oil, environmental crime and cybercrime, cannot be sufficiently achieved by the Member States but can rather, due to the cross-border nature of serious crime and terrorism and the need for a coordinated response to related security threats, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.
Amendment 35 #
Proposal for a regulation Recital 46 (46) This Regulation respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, in particular the right to the protection of personal data and the right to privacy as protected by Articles 8 and 7 of the Charter, as well as by Article 16 TFEU. Given the importance of the processing of personal data for the work of law enforcement in general, and for the support provided by Europol in particular, this Regulation includes effective safeguards to ensure full compliance with fundamental rights as enshrined in the Charter of Fundamental Rights. Any processing of personal data under this Regulation is limited to what is strictly necessary and proportionate, and subject to clear conditions, strict requirements and effective supervision by the EDPS. The new technology for the decryption platform should be subject to the appropriate data protection protocols, while ensuring that it does not pose a threat to fundamental rights.
Amendment 36 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point c Europol shall also provide threats assessment analysis, including the analysis of any potential financial impact, supporting the Commission and the Member States in carrying out risk assessments
Amendment 37 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point d Regulation (EU) 2016/794 Article 4 – paragraph 4 a 4a. Europol shall assist the Commission in identifying key research themes, drawing up and implementing the Union framework programmes for research and innovation activities that are relevant to achieve the objectives set out in Article 3, while having due regard for potential conflicts of interests and bearing in mind resources available at the agency. When Europol assists the Commission in identifying key research themes, drawing up and implementing a Union framework programme, the Agency shall not receive funding from that programme.
Amendment 38 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2016/794 Article 21 - paragraph 8 8. If during information-processing activities in respect of an individual investigation or specific project Europol identifies information relevant to possible illegal activity affecting the financial interest of the Union, Europol shall on its own initiative without undue delay provide EPPO and OLAF with that information.
Amendment 39 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 – point d Regulation (EU) 2016/794 Article 24 – paragraph 6 b 6b. Europol’s infrastructure may be used for exchanges between the competent authorities of Member States and private parties in accordance with the respective Member States’ national laws. In cases where Member States use this infrastructure for exchanges of personal data on crimes falling outside the scope of the objectives of Europol, Europol shall not have access to that data. In order to identify possible security risks posed by the opening of its infrastructure for use by private parties, Europol shall carry out an assessment and, where necessary, implement appropriate preventive and mitigating measures.
Amendment 40 #
Proposal for a regulation Article 1 – paragraph 1 – point 38 Regulation (EU) 2016/794 Article 57 – paragraph 4 4. Europol may benefit from Union funding in the form of contribution agreements or grant agreements in accordance with its financial rules referred to in Article 61 and with the provisions of the relevant instruments supporting the policies of the Union. Contributions may be received from countries with whom Europol or the Union has an agreement providing for financial contributions to Europol within the scope of Europol’s objectives and tasks. The amount of the contribution shall be determined in the respective agreement.
Amendment 41 #
Proposal for a regulation Article 1 – paragraph 1 – point 38 Regulation (EU) 2016/794 Article 57 - paragraph 4 4. Europol may benefit from Union funding in the form of contribution agreements or grant agreements in accordance with its financial rules referred to in Article 61 and with the provisions of the relevant instruments supporting the policies of the Union. Contributions may be received from countries with whom Europol or the Union has an agreement providing for financial contributions to Europol within the scope of Europol’s objectives and tasks. The amount of the contribution shall be determined in the respective agreement.
Amendment 42 #
Proposal for a regulation Article 1 – paragraph 1 – point 38 Regulation (EU) 2016/794 Article 57 - paragraph 4 4. Europol may benefit from Union funding in the form of contribution agreements or grant agreements in accordance with its financial rules referred to in Article 61 and with the provisions of the relevant instruments supporting the policies of the Union. Contributions may be received from countries with whom Europol or the Union has an agreement providing for financial contributions to Europol within the scope of Europol’s
Amendment 43 #
Proposal for a regulation Article 1 – paragraph 1 – point 39 – point b Regulation (EU) 2016/794 Article 61 - paragraph 2 2. Europol may award grants related to the fulfilment of its
Amendment 44 #
Proposal for a regulation Article 1 – paragraph 1 – point 39 – point b Regulation (EU) 2016/794 Article 61 - paragraph 2 2. Europol may award grants related to the fulfilment of its objectives
Amendment 45 #
Proposal for a regulation Article 1 – paragraph 1 – point 39 – point b Regulation (EU) 2016/794 Article 61 - paragraph 3 3. Europol may award grants without a call for proposals to Member States for performance of activities falling within Europol’s
Amendment 46 #
Proposal for a regulation Article 1 – paragraph 1 – point 39 – point c Regulation (EU) 2016/794 Article 61 - paragraph 3 a source: 691.344
2021/06/08
LIBE
1 amendments...
Amendment 555 #
Proposal for a decision Article 1 – paragraph 1 – point 12 – point c Regulation (EU) No 2016/794 Article 26 – paragraph 5 – point d (d) the transmission or transfer of personal data is strictly necessary for Europol to inform that private party that the information received is insufficient to enable Europol to identify the national units concerned, and the following conditions are met: (i)
source: 693.804
2021/06/10
LIBE
431 amendments...
Amendment 124 #
Proposal for a regulation Recital 1 a (new) (1 a) Europol’s new legal framework fully respects the principles enshrined in the art. 4.2 of the Treaty on the European Union as well as recognizes that national security remains the sole responsibility of each Member State. Since the objective of this Regulation is to strengthen action by the Member States’ law enforcement services and their mutual cooperation in preventing and combating serious crime and terrorism Europol’s institutional role has to be carefully balance in order to guarantee a necessary level of benefits for the Member States while maintaining and respecting the very essence of their exclusive competence in the area of national security.
Amendment 125 #
Proposal for a regulation Recital 2 (2) Europe 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
Amendment 126 #
Proposal for a regulation Recital 2 (2) Europe faces a security landscape in flux, with evolving and increasingly complex security threats. Criminals and terrorists
Amendment 127 #
Proposal for a regulation Recital 2 (2) Europe faces a security landscape in flux, with evolving and increasingly complex security threats.
Amendment 128 #
Proposal for a regulation Recital 2 a (new) (2a) Terrorism remains a significant threat to the freedom and way of life of the Union and its citizens. Some of these potential terrorists have grown up within the European Union, but terrorists also enter the European Union from outside and pose a threat to the security of the inhabitants of each Member State. It therefore remains important to protect the European Union's external borders adequately so that it can be seen who is and who is not entering European Union territory. It is also important to acknowledge at least that that is being insufficiently overseen.
Amendment 129 #
Proposal for a regulation Recital 3 (3) These threats spread across borders, cutting across a variety of crimes that they facilitate, and manifest themselves in
Amendment 130 #
Proposal for a regulation Recital 4 Amendment 131 #
Proposal for a regulation Recital 4 (4) As Europe faces increasing threats from organised crime groups and terrorist attacks, an effective law enforcement response must include the availability of well-trained interoperable special intervention units specialised in the control of crisis situations. In the Union, the law enforcement units of the Member State cooperate on the basis of Council Decision 2008/617
Amendment 132 #
Proposal for a regulation Recital 4 (4) As Europe faces
Amendment 133 #
Proposal for a regulation Recital 5 Amendment 134 #
(5) In recent years large scale cyber attacks targeted public and private entities alike across many jurisdictions in the Union and beyond, affecting various sectors including transport, health and financial services.
Amendment 135 #
Proposal for a regulation Recital 5 (5) In recent years large scale cyber attacks targeted public and private entities alike across many jurisdictions in the Union and beyond, affecting various sectors including high-tech, transport, health and financial services. Cybercrime and cybersecurity cannot be separated in an interconnected environment. The prevention, investigation and prosecution of such activities is supported by coordination and cooperation between relevant actors, including the European Union Agency for Cybersecurity (‘ENISA’), competent authorities for the security of network and information systems (‘NIS authorities’) as defined by Directive (EU) 2016/114854, law enforcement authorities and private parties. In order to ensure the effective cooperation between all relevant actors at Union and national level on cyber attacks and security threats, Europol should cooperate with the ENISA through the exchange of information and by providing analytical support. _________________ 54Directive (EU) 2016/1148 of the European Parliament and of the Council of 6 July 2016 concerning measures for a high common level of security of network and information systems across the Union (OJ L 194, 19.7.2016, p. 1–30).
Amendment 136 #
Proposal for a regulation Recital 6 Amendment 137 #
Proposal for a regulation Recital 7 (7) The threats posed by serious crime require a coordinated, coherent, multi- disciplinary and multi-agency response. Europol should be able to facilitate and support such intelligence-led security initiatives driven by Member States to identify
Amendment 138 #
Proposal for a regulation Recital 7 (7) The threats posed by serious crime require a coordinated, coherent, multi-
Amendment 139 #
Proposal for a regulation Recital 8 Amendment 140 #
Proposal for a regulation Recital 8 Amendment 141 #
Proposal for a regulation Recital 8 (8) The Schengen Information System (SIS), established in the field of police cooperation and judicial cooperation in criminal matters by Regulation (EU) 2018/1862 of the European Parliament and of the Council55 56 , is
Amendment 142 #
Proposal for a regulation Recital 8 a (new) (8 a) Europol has an important role to play in supporting Member States to fight serious crime and terrorism through its expertise and analysis capabilities. To ensure better cooperation between Member States and Interpol in accordance with Union and international laws, Europol should actively monitor and evaluate red alerts issued by third countries in Interpol and notify Member States, the EEAS, the Commission, and the European Parliament when there is reasonable suspicion that the alert was issued in violation of Article 3 of the Interpol constitution.
Amendment 143 #
Proposal for a regulation Recital 9 Amendment 144 #
Proposal for a regulation Recital 9 (9) Europol has an important role to play in support of the evaluation and monitoring mechanism to verify the application of the Schengen acquis as established by Council Regulation (EU) No 1053/2013. Given the need to reinforce the Union’s internal security, Europol should contribute with its expertise, analysis, reports and other relevant information to the entire evaluation and monitoring process, from programming to on-site visits and the follow-up. Europol should also assist in developing and updating the evaluation and monitoring tools. Europol should ensure that a public-friendly version of those evaluations is published too. In addition, Europol should in general ensure the highest possible level of transparency, in particular as regards the results it has achieved in cooperation with the competent services in the Member States.
Amendment 145 #
Proposal for a regulation Recital 9 (9) Europol has an important role to play in support of the evaluation and monitoring mechanism to verify the application of the Schengen acquis as established by Council Regulation (EU) No 1053/2013.
Amendment 146 #
Proposal for a regulation Recital 10 (10) Risk assessments are
Amendment 147 #
Proposal for a regulation Recital 10 (10) Risk assessments
Amendment 148 #
Proposal for a regulation Recital 11 Amendment 149 #
Proposal for a regulation Recital 11 (11)
Amendment 150 #
Proposal for a regulation Recital 11 (11) In order to help EU funding for security research to develop its full potential and address the needs of law enforcement, Europol should assist the Commission in identifying key research themes, drawing up and implementing the Union framework programmes for research and innovation that are relevant to Europol’s objectives. When Europol assists the Commission in identifying key research themes, drawing up and implementing a Union framework programme, it should not receive funding from that programme in accordance with the conflict of interest
Amendment 151 #
Proposal for a regulation Recital 11 (11) In order to help EU funding for security research to develop its full potential and address the needs of law enforcement, Europol should assist the Commission and Member States in identifying key research themes, drawing up and implementing the Union framework programmes for research and innovation that are relevant to Europol’s objectives. When Europol assists the Commission in
Amendment 152 #
Proposal for a regulation Recital 12 Amendment 153 #
Proposal for a regulation Recital 12 Amendment 154 #
Proposal for a regulation Recital 12 Amendment 155 #
Proposal for a regulation Recital 12 (12) It is possible for the Union and the Members States to adopt restrictive measures relating to foreign direct investment on the grounds of security or public order. To that end, Regulation (EU) 2019/452 of the European Parliament and of the Council57 establishes a framework for the screening of foreign direct investments into the Union that provides Member States and the Commission with the means to address risks to security or public order in a comprehensive manner. As part of the assessment of expected implications for security or public order, Europol should support the screening of specific cases of foreign direct investments into the Union that concern undertakings providing technologies used or being developed by Europol or by Member States for the prevention and investigation of crimes or critical technologies that could be used to facilitate terrorism. _________________ 57Regulation (EU) 2019/452 of the European Parliament and of the Council of 19 March 2019 establishing a framework for the screening of foreign direct investments into the Union (OJ L 79I ,
Amendment 156 #
Proposal for a regulation Recital 14 Amendment 157 #
Proposal for a regulation Recital 14 Amendment 158 #
Proposal for a regulation Recital 14 (14) One of Europol’s objectives is to support and strengthen action by the competent authorities of the Member States and their mutual cooperation in preventing and combatting forms of crime which affect a common interest covered by a Union policy. To strengthen that support, Europol should be able to request the competent authorities of a Member State to initiate, conduct or coordinate a criminal investigation of a crime
Amendment 159 #
Proposal for a regulation Recital 14 (14) One of Europol’s objectives is to support and strengthen action by the competent authorities of the Member States and their mutual cooperation in preventing and combatting forms of crime which affect a common interest covered by a Union policy. To strengthen that support, Europol should be able to request the competent authorities of
Amendment 160 #
Proposal for a regulation Recital 14 (14) One of Europol’s objectives is to support and strengthen action by the competent authorities of the Member States and their mutual cooperation in preventing and combatting forms of crime which affect a common interest covered by a Union policy. To strengthen that support, Europol should be able to initiate, conduct, or coordinate or request the competent authorities of a Member State to initiate, conduct or coordinate a criminal investigation of a crime, which affects a common interest covered by a Union policy, even where the crime concerned is
Amendment 161 #
Proposal for a regulation Recital 15 Amendment 162 #
Proposal for a regulation Recital 15 (15) Publishing the identity and certain personal data of suspects or convicted individuals, who are wanted based on a Member State’s judicial decision, increases the chances of locating and arresting such individuals. To support Member States in this task, Europol should be able to publish on its website information on Europe’s
Amendment 163 #
Proposal for a regulation Recital 15 (15) Publishing the identity and certain personal data of suspects or convicted individuals, who are wanted based on a Member State’s judicial decision, increases the chances of locating and arresting such individuals. To support Member States in this task, Europol should be able to publish on its website information on Europe’s most wanted fugitives for criminal offences in respect of which Europol is competent
Amendment 164 #
Proposal for a regulation Recital 16 Amendment 165 #
Proposal for a regulation Recital 16 (16) To ensure that processing of personal data by Europol is strictly necessary and limited to the categories of data subjects whose data may be processed under this Regulation, Europol should be able to verify if personal data received pursuant to Article 17(1) and (2) in the context of preventing and countering crimes falling within the scope of Europol’s objectives set out in Article 3 corresponds to one of those categories of data subjects
Amendment 166 #
Proposal for a regulation Recital 16 (16) To ensure that processing of personal data by Europol is limited to the categories of data subjects whose data may be processed under this Regulation, Europol should be able to verify if personal data received in the context of preventing and countering crimes falling within the scope of Europol’s objectives corresponds to one of those categories of data subjects. To that end, Europol should be able to carry out a pre-analysis of personal data received with the sole purpose of determining whether such data falls into those categories of data subjects. To this end, Europol should be able to filter the
Amendment 167 #
Proposal for a regulation Recital 16 (16) To ensure that processing of personal data by Europol is limited to the categories of data subjects whose data may be processed under this Regulation, Europol should be able to verify if personal data received in the context of preventing and countering crimes falling within the scope of Europol’s objectives corresponds to one of those categories of data subjects. To that end, Europol should be able to carry out a pre-analysis of personal data received with the sole purpose of determining whether such data falls into those categories of data subjects. To this end, Europol should be able to filter the data by checking it against data already held by Europol. Such pre-analysis should take place prior to, and separate from, Europol’s data processing for cross- checking, strategic analysis, operational analysis or exchange of information. If the pre-analysis indicates that personal data does not fall into the categories of data subjects whose data may be processed under this Regulation,
Amendment 168 #
Proposal for a regulation Recital 17 Amendment 169 #
Proposal for a regulation Recital 17 (17)
Amendment 170 #
Proposal for a regulation Recital 17 (17) Data collected in criminal
Amendment 171 #
Proposal for a regulation Recital 17 (17) Data collected in criminal investigations have been increasing in size and have become more complex. Member States submit large and complex datasets to Europol, requesting Europol’s operational analysis to detect links to other crimes and criminals in other Member States and outside the Union. Member States can
Amendment 172 #
Proposal for a regulation Recital 18 (18) To ensure that any data processing is necessary and proportionate, Member States should ensure compliance with national and Union law when they submit
Amendment 173 #
Proposal for a regulation Recital 18 (18) To ensure that any data processing by Europol is necessary and proportionate, Member States should ensure compliance with national and Union law when they
Amendment 174 #
Proposal for a regulation Recital 19 Amendment 175 #
Proposal for a regulation Recital 19 (19)
Amendment 176 #
Proposal for a regulation Recital 19 (19) To ensure that a Member State can use Europol’s analytical reports as part of judicial proceedings following a criminal investigation, Europol should be able to store the
Amendment 177 #
Proposal for a regulation Recital 20 (20) Cross-border cases of serious crime
Amendment 178 #
Proposal for a regulation Recital 21 Amendment 179 #
Proposal for a regulation Recital 21 (21) Europol may provide
Amendment 180 #
Proposal for a regulation Recital 21 (21) Europol provides operational support to the criminal investigations of the competent authorities of the Member States,
Amendment 181 #
Proposal for a regulation Recital 22 (22) Europol and the European Public Prosecutor’s Office (‘EPPO’) established by Council Regulation (EU) 2017/193958 , should
Amendment 182 #
Proposal for a regulation Recital 24 (24) Serious crime and terrorism often have links beyond the territory of the Union. Europol can exchange personal data
Amendment 183 #
Proposal for a regulation Recital 24 (24) Serious crime and terrorism often have links beyond the territory of the Union. Europol can exchange personal data with third countries while safeguarding the protection of privacy and fundamental rights and freedoms of the data subjects. To reinforce cooperation with third countries in preventing and countering crimes falling within the scope of Europol’s objectives, the Executive Director of Europol should be allowed to authorise categories of transfers of personal data to third countries in specific situations
Amendment 184 #
Proposal for a regulation Recital 24 (24) Serious crime and terrorism often have links beyond the territory of the Union. Europol can exchange personal data with third countries while safeguarding the protection of privacy and fundamental rights and freedoms of the data subjects.
Amendment 185 #
Proposal for a regulation Recital 25 Amendment 186 #
Proposal for a regulation Recital 25 (25) To support Member States in cooperating with private parties providing cross-border services where those private parties hold information relevant for preventing and combatting crime and terrorism, Europol should be able to receive, and in specific circumstances, exchange personal data with private parties.
Amendment 187 #
Proposal for a regulation Recital 25 (25) To support Member States in cooperating with private parties providing cross-border services where those private parties hold information relevant for preventing and combatting serious crime, Europol should be able to receive, and in
Amendment 188 #
Proposal for a regulation Recital 25 (25) To support Member States in cooperating with private parties providing cross-border services where those private parties hold information relevant for preventing and combatting crime, Europol should be able to indirectly receive, and in specific circumstances, exchange personal data with private parties.
Amendment 189 #
Proposal for a regulation Recital 26 (26)
Amendment 190 #
Proposal for a regulation Recital 26 (26) Criminals increasingly use cross- border services of private parties to communicate and carry out illegal activities. Sex offenders abuse children and share pictures and videos - child pornography content - world-wide using online platforms on the internet. Terrorists abuse cross-border services by online service providers to recruit volunteers, plan and coordinate attacks, and disseminate propaganda. Cyber criminals profit from the digitalisation of our societies using phishing and social engineering to commit other types of cybercrime such as online scams, ransomware attacks or payment fraud. As a result from the increased use of online services by criminals, private parties hold increasing amounts of personal data that may be relevant for criminal investigations.
Amendment 191 #
Proposal for a regulation Recital 26 (26) Criminals increasingly use cross- border services of private parties to communicate and carry out illegal
Amendment 192 #
Proposal for a regulation Recital 27 (27) Given the borderless nature of the internet,
Amendment 193 #
Proposal for a regulation Recital 27 (27) Given the borderless nature of the internet, these services can often be provided from anywhere in the world. As a result, victims, perpetrators, and the digital infrastructure in which the personal data is stored and the service provider providing the service may all be subject to different national jurisdictions, within the Union and beyond. Private parties may therefore hold data sets relevant for law enforcement which may contain personal data with links to multiple jurisdictions as well as personal data which cannot easily be attributed to any specific jurisdiction. National authorities of Member States may find it difficult to effectively analyse such multi- jurisdictional or non-
Amendment 194 #
Proposal for a regulation Recital 28 Amendment 195 #
Proposal for a regulation Recital 28 Amendment 196 #
Proposal for a regulation Recital 28 (28) To ensure that private parties have a point of contact at Union level to lawfully share multi-jurisdictional data sets or data sets that could not be easily attributed so far to one or several specific jurisdictions, Europol should be able to receive personal data directly from private parties. Private parties legally obligated to remove illegal content should also be able to send Europol and Europol should be able to receive reports and non-personal data on moderated content that can reasonably be assumed to be linked to the criminal activities within the remit of Europol.
Amendment 197 #
Proposal for a regulation Recital 28 (28) To ensure that private parties have a point of contact at Union level to lawfully and voluntarily share multi- jurisdictional data sets or data sets that could not be easily attributed so far to one or several specific jurisdictions, Europol should be able to receive personal data directly from private parties for the sole purpose to establish jurisdiction, in accordance with the safeguards and data protection guarantees provided for in this Regulation.
Amendment 198 #
Proposal for a regulation Recital 29 Amendment 199 #
Proposal for a regulation Recital 29 (29) To ensure that Member States receive
Amendment 200 #
Proposal for a regulation Recital 29 (29) To ensure that Member States receive quickly the relevant information necessary to initiate investigations to prevent and combat serious crime and terrorism, Europol should be able to process and analyse such data sets, which have been transmitted to Europol by Member States, in order to identify the relevant Member States and forward to the national law enforcement authorities concerned the information and analysis necessary to investigate these crimes under their respective jurisdictions.
Amendment 201 #
Proposal for a regulation Recital 30 Amendment 202 #
Proposal for a regulation Recital 30 (30) To ensure that it can identify all relevant national law enforcement authorities concerned, Europol should be able to inform private parties when the information received from them is insufficient to enable Europol to identify the law enforcement authorities concerned. T
Amendment 203 #
Proposal for a regulation Recital 30 (30) To ensure that
Amendment 204 #
Proposal for a regulation Recital 31 (31) Member States
Amendment 205 #
Proposal for a regulation Recital 31 (31) Member States, third countries, or international organisation, including the International Criminal Police Organisation (Interpol),
Amendment 206 #
Proposal for a regulation Recital 32 (32) To ensure that Europol does not keep the data longer than necessary to identify the Member States concerned, time limits for the storage of personal data by Europol should apply. Once Europol has exhausted all means at its disposal to identify all Member States concerned, and cannot reasonably expect to identify further Member States concerned, the storage of this personal data is no longer necessary and proportionate for identifying the Member States concerned. Europol should
Amendment 207 #
Proposal for a regulation Recital 32 (32) To ensure that Europol does not keep the data longer than necessary to identify the Member States concerned, time limits for the storage of personal data by Europol in accordance with Regulation (EU) 2018/1725 should apply. Once Europol has exhausted all means at its disposal to identify all Member States concerned, and cannot reasonably expect to identify further Member States’ national units concerned, the storage of this personal data is no longer necessary and proportionate for identifying the Member States concerned. Europol should erase the personal data within
Amendment 208 #
Proposal for a regulation Recital 33 Amendment 209 #
Proposal for a regulation Recital 33 (33) Any cooperation of Europol with private parties should neither duplicate nor interfere with the activities of the Financial Intelligence Units (‘FIUs’), and should only concern information that is not already to be provided to FIUs in accordance with Directive 2015/849 of the European Parliament and of the Council59 . Europol should continue to cooperate with FIUs
Amendment 210 #
Proposal for a regulation Recital 33 a (new) (33 a) Private parties that cooperate with Europol should not transmit or transfer the data received from Europol to any other party. The Data Protection Officer and the Fundamental Rights Officer should be informed and involved in all data exchanges between Europol and private parties
Amendment 211 #
Proposal for a regulation Recital 34 Amendment 212 #
Proposal for a regulation Recital 34 Amendment 213 #
Proposal for a regulation Recital 35 Amendment 214 #
Proposal for a regulation Recital 35 (35) Terrorist attacks may trigger the
Amendment 215 #
Proposal for a regulation Recital 35 (35) Terrorist attacks trigger the large scale dissemination of terrorist content via online platforms depicting harm to life or physical integrity, or calling for imminent harm to life or physical integrity. Much illegal online content, such as online child pornography, also undermines citizens' integrity and security. To ensure that Member States can effectively prevent the dissemination of such content, particularly in the context of such crisis situations stemming from ongoing or recent real- world events, Europol should be able to exchange personal data with private parties, including hashes, IP addresses or URLs related to such content, necessary in order to support Member States in preventing the dissemination of such content or enabling their removal, in particular where this content aims at or has the effect of seriously intimidating a population, and where there is an anticipated potential for exponential multiplication and virality across multiple online service providers.
Amendment 216 #
Proposal for a regulation Recital 36 (36) Regulation (EU) 2018/1725 of the European Parliament and of the Council60
Amendment 217 #
Proposal for a regulation Recital 37 Amendment 218 #
Proposal for a regulation Recital 37 (37) Given the challenges that the use of new technologies by criminals pose to the Union’s security, law enforcement authorities are required to strengthen their technological capacities. To that end, Europol should support Member States in the use of emerging technologies in preventing and countering crimes falling within the scope of Europol’s objectives.
Amendment 219 #
Proposal for a regulation Recital 37 (37) Given the challenges that the use of new technologies by
Amendment 220 #
Proposal for a regulation Recital 37 (37) Given the challenges that the use of new technologies by criminals pose to the Union’s security, law enforcement authorities are required to strengthen their technological capacities. To that end, Europol should support Member States in the use of emerging technologies in preventing and countering crimes falling within the scope of Europol’s objectives. To explore new approaches and develop common technological solutions for Member States to prevent and counter crimes and terrorist acts falling within the scope of Europol’s objectives, Europol should be able to conduct research and innovation activities regarding matters covered by this Regulation, including with the processing of personal data where necessary and whilst ensuring full respect for fundamental rights. To this end, Europol should step up its cooperation with the relevant EU agencies in these areas in order to reinforce synergies in research and innovation work. The provisions on the development of new tools by Europol should not constitute a legal basis for their deployment at Union or national level.
Amendment 221 #
Proposal for a regulation Recital 38 Amendment 222 #
Proposal for a regulation Recital 38 Amendment 223 #
Proposal for a regulation Recital 38 (38) Europol
Amendment 224 #
Proposal for a regulation Recital 39 Amendment 225 #
Proposal for a regulation Recital 39 (39) Europol should inform the European Data Protection Supervisor prior to the launch of its research and innovation projects that involve the processing of personal data. For each project, Europol should carry out, prior to the processing, an assessment of the impact of the envisaged processing operations on the protection of personal data and all other fundamental rights, including of any bias in the outcome. This should include an assessment of the appropriateness of the personal data to be processed for the specific purpose of the project. Such an
Amendment 226 #
Proposal for a regulation Recital 39 (39) Europol should inform the European Data Protection Supervisor prior to the launch of
Amendment 227 #
Proposal for a regulation Recital 39 (39) Europol should inform the European Data Protection Supervisor and the JPSG prior to the launch of
Amendment 228 #
Proposal for a regulation Recital 39 a (new) (39 a) Expanding the mandate of Europol and the scope of its data processing activities will require the EDPS to dedicate additional financial and human resources to exercise its supervisory role in regards Europol. EDPS resources, financial allocation, and human resources at skill levels commensurate with the complexity of data processing undertaken by Europol should be adjusted accordingly and proportionally to the increased responsibilities.
Amendment 229 #
Proposal for a regulation Recital 40 (40) Providing Europol with additional tools and capabilities requires reinforcing
Amendment 230 #
Proposal for a regulation Recital 40 (40) Providing Europol with additional
Amendment 231 #
Proposal for a regulation Recital 40 (40) Providing Europol with additional tools and capabilities requires reinforcing the democratic oversight 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 detailed annual information on the
Amendment 232 #
Proposal for a regulation Recital 40 (40) Providing Europol with additional tools and capabilities requires reinforcing the democratic oversight 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 detailed annual information on the use of these tools and capabilities and the result thereof.
Amendment 233 #
Proposal for a regulation Recital 40 a (new) (40 a) Europol’s functioning should be transparent in accordance with Article 15(3) TFEU. Nothing in this Regulation is intended to restrict the right of public access to documents in so far as it is guaranteed in the Union and in the Member States, in particular under Article 42 of the Charter. The general rules on transparency that apply to Union agencies should also apply to Europol.
Amendment 234 #
Proposal for a regulation Recital 40 b (new) (40 b) This Regulation should establish the fundamental rights officer who should be responsible to monitor that Europol safeguards the respect for fundamental rights in all its activities and tasks. The fundamental rights officer should be provided with the resources and staff necessary to enable him or her to effectively perform all his or her tasks in accordance with this Regulation. This Regulation should also establish a consultative forum to provide independent advice in fundamental rights matters. The fundamental rights officer and the consultative forum should cooperate closely. In the performance of its tasks, Europol should take into account the reports and advice of the consultative forum referred to in Article 52a and of the fundamental rights officer referred to in Article 41c; reports and advice of the consultative Forum shall be immediately sent and presented to the JPSG.
Amendment 235 #
Proposal for a regulation Recital 41 Amendment 236 #
Proposal for a regulation Recital 41 (41) Europol’s s
Amendment 237 #
Proposal for a regulation Recital 41 (41) Europol’s services provide added value to Member States and third countries. This includes Member States that do not take part in measures pursuant to Title V of Part Three of the Treaty on the Functioning of the European Union. Member States
Amendment 238 #
Proposal for a regulation Recital 46 (46) This Regulation fully respects the fundamental rights and safeguards, and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union, in particular the right to the protection of personal data and the right
Amendment 239 #
Proposal for a regulation Recital 46 a (new) (46 a) The extended tasks and competence of Europol shall be balanced with strengthened fundamental rights safeguards, increased accountability and liability and increased oversight, including parliamentary oversight.
Amendment 240 #
Proposal for a regulation Recital 46 b (new) (46 b) Europol should ensure compliance with the fundamental rights and freedoms enshrined in the Charter and the data protection rules in accordance with Regulation 2018/1725 in the performance of its tasks and duties.
Amendment 241 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point b Regulation (EU) 2016/794 Article 2 – paragraph 1 – point p (p) ‘administrative personal data’ means all personal data processed by Europol apart from operational personal data;;
Amendment 242 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point c Amendment 243 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point c – introductory part Regulation (EU) 2016/794 Article 2 – paragraph 1 – point q (c) the following point (q)
Amendment 244 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point c Regulation (EU) 2016/794 Article 2 – paragraph 1 – point p (q) ‘investigative case file’ means a dataset or multiple datasets that a Member
Amendment 245 #
Proposal for a regulation Article 1 – paragraph 1 – point 1 – point c Regulation (EU) 2016/794 Article 2 – paragraph 1 – point q a (new) (q a) ‘crisis situation’ means an ongoing or recent real-world event relating to terrorism or violent extremism, where online material is created depicting harm to life orto physical integrity, or calls for imminent harm to life or physical integrity, and aims at, or has the effect of seriously intimidating a population, and where there is an anticipated potential of exponential multiplication and virality across multiple online services.”
Amendment 246 #
Amendment 247 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point a – point i Regulation (EU) 2016/794 Article 4 – paragraph 1 – point h (h) support Member States’ cross- border information exchange activities, operations and investigations, as well as joint investigation teams,
Amendment 248 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point a – point ii Regulation (EU) 2016/794 Article 4 paragraph 1 – point j (j) cooperate with the Union bodies established on the basis of Title V of the TFEU, a
Amendment 249 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point a – point ii Regulation (EU) 2016/794 Article 4 – paragraph 1 – point j (j) cooperate with the Union bodies established on the basis of Title V of the TFEU and with OLAF
Amendment 250 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point a – point ii Regulation (EU) 2016/794 Article 4 – paragraph 1 – point j a – new (j a) cooperate with Financial Intelligence Units regulated by Directive 2015/849 of the European Parliament and of the Council on the basis of Article 114 TFEU, in particular through exchanges of information and by providing them with analytical support to combat money laundering and terrorism financing
Amendment 251 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point a – point iii Regulation (EU) 2016/794 Article 4 – paragraph 1 – point m (m) support Member States’ actions in preventing and combating forms of crime listed in Annex I which are facilitated, promoted or committed using the internet, including, in cooperation with Member States, and the coordination of law enforcement authorities’ response to cyberattacks
Amendment 252 #
(m) support Member States’ actions in
Amendment 253 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point a – point iii Regulation (EU) 2016/794 Article 4 – paragraph 1 – point m (m) support Member States’ actions in preventing and combating forms of crime listed in Annex I which are facilitated, promoted or committed using the internet, including, in cooperation with Member States, the coordination of law enforcement authorities’ response to cyberattacks, the taking down of terrorist content online, and the making of referrals of internet content
Amendment 254 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point a – point iv – introductory part Regulation (EU) 2016/794 Article 4 – paragraph 1 – point m – point iv (iv) the following points (q) to (
Amendment 255 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point a – point iv – introductory part Regulation (EU) 2016/794 Article 4 – paragraph 1 – point m – point iv (iv) the following point
Amendment 256 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point a – point iv Amendment 257 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point a – point iv Regulation (EU) 2016/794 Article 4 – paragraph 1 – point q (q) support Member States in identifying persons
Amendment 258 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point a – point iv Regulation (EU) 2016/794 Article 4 – paragraph 1 – point r Amendment 259 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point a – point iv Regulation (EU) 2016/794 Article 4 – paragraph 1 – point r Amendment 260 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point a – point iv Regulation (EU) 2016/794 Article 4 – paragraph 1 – point r (r) enter data into the Schengen Information System, in accordance with Regulation (EU) 2018/1862 of the European Parliament and of the Council*, following consultation with the Member States in accordance with Article 7 of this Regulation, and under authorisation by the Europol Executive Director, on the suspected involvement of a third country national in an offence in respect of which Europol is competent and of which it is aware on the basis of information received from third countries referred to in Article 25(1) of this regulation or international organisations within the meaning of Article 17(1)(b);
Amendment 261 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point a – point iv Regulation (EU) 2016/794 Article 4 – paragraph 1 – point r (r)
Amendment 262 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point a – point iv Regulation (EU) 2016/794 Article 4 – paragraph 1 – point r (r) enter alerts containing personal data into the Schengen Information System, in accordance with Regulation (EU) 2018/1862 of the European Parliament and of the Council*, following consultation with the Member States in accordance with Article 7 of this Regulation, and under authorisation by the Europol Executive Director, on the suspected involvement of a third country national in an offence in respect of which Europol is competent and of which it is aware on the basis of information received from third countries or international organisations within the meaning of Article 17(1)(b);
Amendment 263 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point a – point iv Regulation (EU) 2016/794 Article 4 – paragraph 1 – point s Amendment 264 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point a – point iv Regulation (EU) 2016/794 Article 4 – paragraph 1 – point s (s) support, through the provision of expertise and analyses upon request, the implementation of the evaluation and monitoring mechanism under Regulation (EU) No 1053/2013 within the scope of Europol’s objectives as set out in Article 3;
Amendment 265 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point a – point iv Regulation (EU) 2016/794 Article 4 – paragraph 1 – point t Amendment 266 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point a – point iv Regulation (EU) 2016/794 Article 4 – paragraph 1 – point t (t)
Amendment 267 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point a – point iv Regulation (EU) 2016/794 Article 4 – paragraph 1 – point t (t) proactively monitor
Amendment 268 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point a – point iv Regulation (EU) 2016/794 Article 4 – paragraph 1 – point t (t) proactively monitor and contribute to research and innovation activities relevant to achiev
Amendment 269 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point a – point iv Regulation (EU) 2016/794 Article 4 – paragraph 1 – point t a (new) (t a) where appropriate and without prejudice to the provisions of this Regulation, cooperate with the JRC on defining and conceptualizing research and innovation activities regarding matters covered by this Regulation.
Amendment 270 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point a – point iv Regulation (EU) 2016/794 Article 4 – paragraph 1 – point u Amendment 271 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point a – point iv Regulation (EU) 2016/794 Article 4 – paragraph 1 – point u Amendment 272 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point a – point iv Regulation (EU) 2016/794 Article 4 – paragraph 1 – ponit u (u) support Member States’ actions in preventing the dissemination of online content related to terrorism or violent extremism in crisis situations,
Amendment 273 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point a – point iv Regulation (EU) 2016/794 Article 4 – paragraph 1 – point u a (new) (u a) monitor and evaluate red alerts issued by third countries in Interpol and notify Member States, the EEAS, and the Commission when there is reasonable suspicion that the alert was issued in violation of Article 3 of the Interpol constitution.
Amendment 274 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point a a (new) Regulation (EU) 2016/794 Article 4 – paragraph 1 – point a a (new) (a a) The JPSG should be informed prior to the intention to develop any new activity referred to in this Article, in particular, about the intention to set up a new union centre of specialised expertise as referred in (l) and new research and innovation project as referred to (t).
Amendment 275 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point b Regulation (EU) 2016/794 Article 4 – paragraph 2 Europol shall also assist in the operational implementation of those priorities,
Amendment 276 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point b Regulation (EU) 2016/794 Article 4 – paragraph 2 The second sentence is replaced by the following: “Europol
Amendment 277 #
Europol shall also provide threats assessment analysis supporting the Commission and the Member States in carrying out risk assessments
Amendment 278 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point d – introductory part Regulation (EU) 2016/794 Article 4 – paragraph 4 (d) the following paragraph
Amendment 279 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point d Regulation (EU) 2016/794 Article 4 – paragraph 4a Amendment 280 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point d Regulation (EU) 2016/794 Article 4 – paragraph 4a 4a. Europol shall assist the Commission in identifying key research themes, drawing up and implementing the Union framework programmes for research and innovation activities that are relevant to achieve the objectives set out in Article 3. that requires adequate human and financial support to Europol, given the significant expansion of its competences and tasks. When Europol assists the Commission in identifying key research themes, drawing up and implementing a Union framework programme, the Agency shall not receive funding from that programme.
Amendment 281 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point d Regulation (EU) 2016/794 Article 4 – paragraph 4a 4a. Europol shall assist the Commission in identifying
Amendment 282 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point d Regulation (EU) 2016/794 Article 4 – paragraph 4a 4a. Europol shall assist the Commission and the Member States in identifying key research themes, drawing up and implementing the Union framework programmes for research and innovation activities that are relevant to achieve the objectives set out in Article 3.
Amendment 283 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point d Amendment 284 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point d Regulation (EU) 2016/794 Article 4 – paragraph 4b Amendment 285 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point d Regulation (EU) 2016/794 Article 4 – paragraph 4b Amendment 286 #
4b. Europol shall support the screening of specific cases of foreign direct investments into the Union under Regulation (EU) 2019/452 of the European Parliament and of the Council* that concern undertakings providing technologies used or being developed by Europol or by Member States for the prevention and investigation of crimes covered by Article 3 or critical technologies that could be used to facilitate terrorism on the expected implications for security.
Amendment 287 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point d Regulation (EU) 2016/794 Article 4 – paragraph 4b 4b. Europol shall support the Commission and the Member States in the screening of specific cases of foreign direct investments into the Union under Regulation (EU) 2019/452 of the European Parliament and of the Council* that concern undertakings providing technologies used
Amendment 288 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point e Regulation (EU) 2016/794 Article 4 – paragraph 5 Europol staff may assist the competent authorities of the Member States, at their request and in accordance with their national law, in the taking of investigative measures that are not coercive.
Amendment 289 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 – point e Regulation (EU) 2016/794 Article 4 – paragraph 5 Europol staff may assist the competent authorities of the Member States, at their request and in full accordance with their national law, in the taking of investigative measures. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 290 #
Proposal for a regulation Article 1 – paragraph 1 – point 2 a (new) Regulation (EU) 2016/794 Article 4 – paragraph 6 (new) (2 a) The following paragraph 6 is added: "Europol should ensure compliance with the fundamental rights and freedoms enshrined in the Charter in the performance of its tasks and duties".
Amendment 291 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EU) 2016/794 Article 6 – paragraph 1 Amendment 292 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EU) 2016/794 Article 6 – paragraph 1 Amendment 293 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EU) 2016/794 Article 6 – paragraph 1 1. In specific cases where Europol considers that a criminal investigation should be initiated into a crime falling within the scope of its objectives set out in Article 3, it shall request the competent authorities of the Member State or Member States concerned via the national units to initiate, conduct or coordinate such a criminal investigation in accordance with national procedure, including prior judicial authorisation where applicable.
Amendment 294 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EU) 2016/794 Article 6 – paragraph 1 1. In specific cases where Europol
Amendment 295 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EU) 2016/794 Article 6 – paragraph 1 1. In specific cases where Europol considers that a criminal investigation should be initiated into a crime falling within the scope of its objectives, it shall
Amendment 296 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EU) 2016/794 Article 6 – paragraph 1 1. In specific cases where Europol considers that a criminal investigation should be initiated into a crime falling within the scope of its objectives, it shall initiate, conduct, or coordinate or request the competent authorities of the Member State or Member States concerned via the national units to initiate, conduct or coordinate such a criminal investigation.
Amendment 297 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EU) 2016/794 Article 6 – paragraph 2 1 a. Paragraph 2 shall be deleted: 2. The national units shall inform Europol without delay of the decision of the competent authorities of the Member States concerning any request made pursuant to paragraph 1.
Amendment 298 #
Proposal for a regulation Article 1 – paragraph 1 – point 3 Regulation (EU) 2016/794 Article 6 – paragraph 3 Amendment 299 #
Proposal for a regulation Article 1 – paragraph 1 – point 4 Regulation (EU) 2016/794 Article 7 – paragraph 8 8. Member States shall ensure that their competent authorities, particularly their financial intelligence units established pursuant to Directive (EU) 2015/849 of the European Parliament and of the Council
Amendment 300 #
Proposal for a regulation Article 1 – paragraph 1 – point 4 Regulation (EU) 2016/794 Article 7 – paragraph 8 8. Member States shall ensure that their financial intelligence units established pursuant to Directive (EU) 2015/849 of the European Parliament and of the Council* are allowed to
Amendment 301 #
Proposal for a regulation Article 1 – paragraph 1 – point 4 a (new) Regulation (EU) 2016/794 Article 9 – paragraph 1 (4 a) is replaced by the following: The administrative and management structure of Europol shall comprise: (a) a Management Board; (b) an Executive Director; (c) a Deputy Executive Director; (d) a Data Protection Officer; (e) a Fundamental Rights Officer; (f) where appropriate, other advisory bodies established by the Management Board in accordance with point (s) of Article 11(1). A consultative forum shall assist Europol as anadvisory body.
Amendment 302 #
Proposal for a regulation Article 1 – paragraph 1 – point 4 a (new) Regulation (EU) 2016/794 Article 12 – paragraph 1 Amendment 303 #
Proposal for a regulation Article 1 – paragraph 1 – point 4 b (new) Regulation (EU) 2016/794 Article 10 – paragraph 1 Amendment 304 #
Proposal for a regulation Article 1 – paragraph 1 – point 4 b (new) Regulation (EU) 2016/794 Article 14 – paragraph 4 Amendment 305 #
Proposal for a regulation Article 1 – paragraph 1 – point 4 c (new) Regulation (EU) 2016/794 Article 11 – paragraph 1 – point v (new) (4 c) point (v) is inserted: “appoint a Fundamental Rights Officer following the recommendation of the consultative forum, who shall be functionally independent in the performance of his or her duties;
Amendment 306 #
Proposal for a regulation Article 1 – paragraph 1 – point 4 c (new) Regulation (EU) 2016/794 Article 16 – paragraph 3 Amendment 307 #
Proposal for a regulation Article 1 – paragraph 1 – point 4 d (new) Regulation (EU) 2016/794 Article 16 – paragraph 5 – point d Amendment 308 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 – point a – point i Regulation (EU) 2016/794 Article 18 – paragraph 2 – point d Amendment 309 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 – point a – point i Regulation (EU) 2016/794 Article 18 – paragraph 2 – point d Amendment 310 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 – point a – point ii – introductory part Regulation (EU) 2016/794 Article 18 – paragraph 2 – point e (ii) the following point
Amendment 311 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 – point a – point ii Regulation (EU) 2016/794 Article 18 – paragraph 2 – point e Amendment 312 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 – point a – point ii Amendment 313 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 – point a – point ii Regulation (EU) 2016/794 Article 18 – paragraph 2 – point e (e) research and innovation
Amendment 314 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 – point a – point ii Regulation (EU) 2016/794 Article 18 – paragraph 2e (e) research and innovation regarding matters covered by this Regulation for the development, training, testing and validation of algorithms for the development of tools specifically and concretely related to the tasks of Europol;
Amendment 315 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 – point a – point ii Regulation (EU) 2016/794 Article 18 – paragraph 2 – point e (e) research and innovation regarding matters covered by this Regulation for the development, training, testing and validation of algorithms for the development of
Amendment 316 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 – point a – point ii Regulation (EU) 2016/794 Article 18 – paragraph 2 – point f Amendment 317 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 – point a – point ii Regulation (EU) 2016/794 Article 18 – paragraph 2 – point f (f) supporting Member States in informing the public about suspects or convicted individuals who are wanted based on a national judicial decision relating to a criminal offence in respect of which Europol is competent
Amendment 318 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 – point a – point ii Regulation (EU) 2016/794 Article 18 – paragraph 2 – point f (f) supporting Member States in informing the public about suspects or convicted individuals who are wanted, based on a national judicial decision relating to a criminal offence in respect of
Amendment 319 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 – point b Regulation (EU) 2016/794 Article 18 – paragraph 3a Amendment 320 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 – point b Regulation (EU) 2016/794 Article 18 – paragraph 3a Amendment 321 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 – point b Regulation (EU) 2016/794 Article 18 – paragraph 3a 3a.
Amendment 322 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 – point b Regulation (EU) 2016/794 Article 18 – paragraph 3a 3a. Processing of personal data for the purpose of research and innovation as referred to in point (e) of paragraph 2 shall
Amendment 323 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 – point c Regulation (EU) 2016/794 Article 18 – paragraph 5 5. Without prejudice to Article 8(4), Article 18(2)(e) and Article 18a, categories of personal data and categories of data subjects whose data may be collected and processed for each purpose referred to in points (a) to (c) and (f) of paragraph 2 are listed in Annex II.
Amendment 324 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 – point c Regulation (EU) 2016/794 5.
Amendment 325 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 – point c Regulation (EU) 2016/794 Article 18 – paragraph 5 5. Without prejudice to Article 8(4)
Amendment 326 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 – point d Regulation (EU) 2016/794 Article 18 – paragraph 5a Amendment 327 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 – point d Regulation (EU) 2016/794 Article 18 – paragraph 5a 5a. Prior to the processing of data under paragraph 2 of this Article, Europol may in exceptional cases, on objectively justified grounds, which are duly recorded, temporarily process personal data received pursuant to Article 17(1)
Amendment 328 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 – point d Regulation (EU) 2016/794 Article 18 – paragraph 5a 5a. Prior to
Amendment 329 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 – point d Regulation (EU) 2016/794 Article 18 – paragraph 5a 5a. Prior to the processing of data under paragraph 2 of this Article, Europol may exceptionally and temporarily process personal data received pursuant to Article 17(1) and (2) for the purpose of determining whether such data comply with the requirements of paragraph 5 of this Article, including by checking the data against all data that Europol already processes in accordance with paragraph 5.
Amendment 330 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 – point d Regulation (EU) 2016/794 Article 18 – paragraph 5a 5a. Prior to the processing of data under paragraph 2 of this Article, Europol may temporarily process personal data received pursuant to Article 17(1) and (2) exclusively for the purpose of determining whether such data comply with the requirements of paragraph 5 of this Article, including by checking the data against all data that Europol already processes in accordance with paragraph 5.
Amendment 331 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 – point d Regulation (EU) 2016/794 Article 18 – paragraph 5a 5a. Prior to the processing of data under paragraph 2 of this Article, Europol may temporarily process personal data received pursuant to Article 17(1) and (2) for the sole purpose of determining whether such data comply with the requirements of paragraph 5 of this Article, including by checking the data against all data that Europol already processes in accordance with paragraph 5.
Amendment 332 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 – point d Regulation (EU) 2016/794 Article 18 – paragraph 6 The Management Board, acting on a proposal from the Executive Director and after consulting the EDPS, shall further specify the conditions relating to the temporary processing and use of such data.
Amendment 333 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 – point d Regulation (EU) 2016/794 Article 18 – paragraph 6 Europol may only process personal data pursuant to this paragraph for a maximum period of one year, or in duly justified cases for a longer period with the prior authorisation of the EDPS, where necessary and proportionate for the purpose of this Article. Where such temporary processing is no longer necessary and proportionate, where the results of the processing indicates that personal data do not comply with the requirements of paragraph 5
Amendment 334 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 – point d Regulation (EU) 2016/794 Article 18 – paragraph 6 Europol
Amendment 335 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 – point d Regulation (EU) 2016/794 Article 18 – paragraph 6 Europol may only process personal data pursuant to this paragraph for a maximum period of one year, or in duly justified cases for a longer period with the prior authorisation of the EDPS, where strictly necessary and proportionate for the purpose of this Article. Where the result of the processing indicates that personal data do not comply with the requirements of
Amendment 336 #
Proposal for a regulation Article 1 – paragraph 1 – point 5 a (new) Regulation (EU) 2016/794 Article 18 – paragraph 6 (5 a) is replaced by the following: (6) Europol may temporarily process data for the purpose of determining whether such data are relevant to its tasks and, if so, for which of the purposes referred to in paragraph 2. The Management Board, acting on a proposal from the Executive Director and after consulting the EDPS, shall further specify the conditions relating to the processing of such data, in particular with respect to access to and use of the data, as well as time limits for the storage and deletion of the data, which may not exceed six months, pursuant to Article 27a.
Amendment 337 #
Proposal for a regulation Article 1 – paragraph 1 – point 6 Regulation (EU) 2016/794 Article 18a Amendment 338 #
Proposal for a regulation Article 1 – paragraph 1 – point 6 Regulation (EU) 2016/794 Article 18a Amendment 339 #
Proposal for a regulation Article 1 – paragraph 1 – point 6 Regulation (EU) 2016/794 Article 18a – Title Amendment 340 #
Proposal for a regulation Article 1 – paragraph 1 – point 6 Regulation (EU) 2016/794 Article 18a – paragraph 1 1. Where objectively necessary for the support of
Amendment 341 #
Proposal for a regulation Article 1 – paragraph 1 – point 6 Regulation (EU) 2016/794 Article 18a – paragraph 1 1.
Amendment 342 #
Proposal for a regulation Article 1 – paragraph 1 – point 6 Regulation (EU) 2016/794 Article 18 a – paragraph 1 – point a (a) a Member State or the EPPO has established that it is strictly necessary and proportionate to provide
Amendment 343 #
Proposal for a regulation Article 1 – paragraph 1 – point 6 Regulation (EU) 2016/794 Article 18a – paragraph 1 – point a (a) a Member State or the EPPO provides an investigative case file to Europol pursuant to point (a) of Article 17(1) for the purpose of
Amendment 344 #
Proposal for a regulation Article 1 – paragraph 1 – point 6 Regulation (EU) 2016/794 Article 18a – paragraph 1 – point b (b) Europol has
Amendment 345 #
Proposal for a regulation Article 1 – paragraph 1 – point 6 Regulation (EU) 2016/794 Article 18a – paragraph 1 – point b (b) Europol assesses that it is not possible to carry out the operational analysis of the investigative case file without processing personal data that does not comply with the requirements of Article 18(5). This assessment shall be recorded and sent to the EDPS for their information.
Amendment 346 #
Proposal for a regulation Article 1 – paragraph 1 – point 6 Regulation (EU) 2016/794 Article 18a – paragraph 1 – point b (b) Europol assesses that it is not possible to carry out the operational analysis of the investigative case file without processing personal data that does not comply with the requirements of Article 18(5). This assessment shall be recorded and sent to the EDPS for information.
Amendment 347 #
Proposal for a regulation Article 1 – paragraph 1 – point 6 Regulation (EU) 2016/794 Article 18a – paragraph 1 – point b (b) Europol
Amendment 348 #
Proposal for a regulation Article 1 – paragraph 1 – point 6 Regulation (EU) 2016/794 Article 18 – paragraph 1 – point b a (new) (b a) a Member State or a Union body requests an analysis of a strategic or thematic nature within the mandate of Europol pursuant to point(b) of Article 18(2).
Amendment 349 #
Proposal for a regulation Article 1 – paragraph 1 – point 6 Regulation (EU) 2016/794 1 a. The following subparagraph is inserted: "Any processing of personal data in support of a criminal investigation shall take full account of the fundamental rights and freedoms enshrined in the Charter and shall be compliant with the general principles and obligations laid down in Chapter IX of Regulation 2018/1725 referred in Article 27a".
Amendment 350 #
Proposal for a regulation Article 1 – paragraph 1 – point 6 Regulation (EU) 2016/794 Article 18a – paragraph 2 Amendment 351 #
Proposal for a regulation Article 1 – paragraph 1 – point 6 Regulation (EU) 2016/794 Article 18a – paragraph 2 – subparagraph 1 2. Europol may process personal data contained in an investigative case for as long as it supports the on-going specific criminal investigation for which the investigative case file was provided by a Member State or the EPPO in accordance with paragraph 1, and only for the purpose of supporting that investigation and where the scale, complexity, type or importance of the specific investigation requires to do so.
Amendment 352 #
Proposal for a regulation Article 1 – paragraph 1 – point 6 Regulation (EU) 2016/794 Article 18a – paragraph 2 – subparagraph 2 The Management Board, acting on a proposal from the Executive Director and after consulting the EDPS, shall further specify the conditions relating to the processing of such
Amendment 353 #
Proposal for a regulation Article 1 – paragraph 1 – point 6 Regulation (EU) 2016/794 Article 18a – paragraph 2 – subparagraph 2 The Management Board, acting on a proposal from the Executive Director and after consult
Amendment 354 #
Proposal for a regulation Article 1 – paragraph 1 – point 6 Regulation (EU) 2016/794 Article 18a – paragraph 3 – subparagraph 1 3. Upon request of the Member State or the EPPO that provided an investigative case file to Europol pursuant to paragraph 1, Europol may store that investigative case file and the outcome of its operational analysis
Amendment 355 #
Proposal for a regulation Article 1 – paragraph 1 – point 6 Regulation (EU) 2016/794 Article 18a – paragraph 3 – subparagraph 2 Amendment 356 #
Proposal for a regulation Article 1 – paragraph 1 – point 6 Regulation (EU) 2016/794 Article 18a – paragraph 3 The Management Board, acting on a proposal from the Executive Director and after consulting the EDPS, shall further specify the conditions relating to the processing of such
Amendment 357 #
Proposal for a regulation Article 1 – paragraph 1 – point 6 Regulation (EU) 2016/794 Article 18a – paragraph 3 The Management Board, acting on a proposal from the Executive Director and after consult
Amendment 358 #
Proposal for a regulation Article 1 – paragraph 1 – point 6 Regulation (EU) 2016/794 Article 18a – paragraph 3 The Management Board, acting on a proposal from the Executive Director and after consulting the EDPS, shall further specify the conditions relating to the processing of such data and inform the EDPS of the conclusion. Such personal data shall be functionally separated from other data and may only be accessed by authorized staff where necessary for the purpose of ensuring the veracity, reliability and traceability of the criminal intelligence process pursuant Article 4(6) and Article 27a of this Regulation.
Amendment 359 #
Proposal for a regulation Article 1 – paragraph 1 – point 6 Regulation (EU) 2016/794 Article 18a – paragraph 3 a new 3 a. Any data, including the procedure under which this data has been collected, that Europol may provide in judicial proceedings shall be lawful, fair, transparent and traceable. Europol should ensure access of competent judicial authorities as well as defence lawyers to the materials of the case and to information deemed necessary to ensure that such data complies with the fundamental rights and freedoms enshrined in the Charter as referred in Article 4(6), including procedural rights, and with the data protection rules in accordance with Article 27a.
Amendment 360 #
Proposal for a regulation Article 1 – paragraph 1 – point 6 Regulation (EU) 2016/794 Article 18a – paragraph 4 4. Paragraphs 1 to 3 shall also apply where Europol receives personal data from a third country
Amendment 361 #
Proposal for a regulation Article 1 – paragraph 1 – point 6 Regulation (EU) 2016/794 Article 18a – paragraph 4 4. Paragraphs 1 to 3 shall also apply where Europol receives personal data from a third country with which there is an agreement concluded either on the basis of Article 23 of Decision 2009/371/JHA in accordance with point (c) of Article 25(1) of this Regulation or on the basis of Article 218 TFEU in accordance with point (b) of Article 25(1) of this Regulation, or which is the subject of an adequacy decision as referred to in point (a) of Article 25(1) of this Regulation, and such third country provides an investigative case file to Europol for operational analysis that supports the specific criminal investigation in a Member State or in Member States that Europol supports. Where
Amendment 362 #
Proposal for a regulation Article 1 – paragraph 1 – point 6 Regulation (EU) 2016/794 Article 18a – paragraph 4 4. Paragraphs 1 to 3 shall also apply where Europol receives personal data from a third country with which there is an agreement concluded either on the basis of Article 23 of Decision 2009/371/JHA in
Amendment 363 #
Proposal for a regulation Article 1 – paragraph 1 – point 6 Regulation (EU) 2016/794 Article 18a – paragraph 4 a new 4 a. All processing of personal data under this Article shall in all cases be compliant with the general principles and obligations laid down in Chapter IX of Regulation 2018/1725.
Amendment 364 #
Proposal for a regulation Article 1 – paragraph 1 – point 7 – point a Regulation (EU) 2016/794 Article 20 – paragraph 2a 2a. In the framework of conducting dedicated operational analysis projects as referred to in Article 18(3), Member States may determine information to be made directly accessible by Europol to selected other Member States for the purpose of enhanced collaboration in specific investigations, without prejudice to any restrictions of Article 19(2). Any processing of personal data by Member States in joint operational analysis shall take place in accordance with the rules and safeguards set out in this Regulation;
Amendment 365 #
Proposal for a regulation Article 1 – paragraph 1 – point 7 – point b Regulation (EU) 2016/794 Article 20 – paragraph 3 Amendment 366 #
Proposal for a regulation Article 1 – paragraph 1 – point 7 – point b Regulation (EU) 2016/794 Article 20 – paragraph 3 3. In accordance with national law, the information referred to in paragraphs 1, 2 and 2a shall be accessed and further processed by Member States only for the purpose of preventing and combating, and for judicial proceedings, as long as the conditions in paragraph 5 of this Article are met, related to
Amendment 367 #
Proposal for a regulation Article 1 – paragraph 1 – point 7 – point c Regulation (EU) 2016/794 Article 20 – paragraph 5 Amendment 368 #
Proposal for a regulation Article 1 – paragraph 1 – point 7 – point c Regulation (EU) 2016/794 Article 20 – paragraph 5 5. When national law allows for Europol staff to provide evidence which came to their knowledge in the performance of their duties or the exercise of their activities, provided that it does not result from interception of private communications, only Europol staff authorised by the Executive Director to do so shall be able to give such evidence in judicial proceedings in the Member States. Any evidence, including the procedure under which this evidence has been collected, that authorized Europol staff provides in criminal judicial proceedings shall be lawful, fair, transparent and traceable. Europol shall ensure access of defence lawyers to the materials of the case file and to information deemed necessary to ensure that the evidence provided in judicial proceedings complies with fundamental and procedural rights pursuant Article 4(6), including procedural safeguards provided for in Union law and in particular the right to a fair trial, as well as data protection rules pursuant Article 27a;
Amendment 369 #
Proposal for a regulation Article 1 – paragraph 1 – point 7 – point c Regulation (EU) 2016/794 Article 20 – paragraph 5 5. When national law allows for Europol staff to provide evidence which came to their knowledge in the performance of their duties or the exercise of their activities, only Europol staff authorised by the Executive Director to do so shall be able to give such evidence in judicial proceedings in the Member States.
Amendment 370 #
Proposal for a regulation Article 1 – paragraph 1 – point 7 – point c Regulation (EU) 2016/794 Article 20 – paragraph 5 5. When national procedural law allows for Europol staff to provide evidence
Amendment 371 #
Proposal for a regulation Article 1 – paragraph 1 – point 7 – point c a (new) Regulation (EU) 2016/794 Article 20 – paragraph 5 – subparagraph 1 a (new) (c a) the following subparagraph is inserted: "Europol shall not intercept private communications, including private communications between the lawyers and their clients, in the performance and exercise of its duties and activities".
Amendment 372 #
Proposal for a regulation Article 1 – paragraph 1 – point 8 Regulation (EU) 2016/794 Article 20a – paragraph 2 2. Proceeding a request by the EPPO, Europol shall actively support the investigations and prosecutions of the EPPO and cooperate with it, in particular through exchanges of information and by providing analytical support.
Amendment 373 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 Regulation (EU) 2016/794 Article 21 – paragraph 8 8. If, during information-processing activities in respect of a
Amendment 374 #
Proposal for a regulation Article 1 – paragraph 1 – point 9 a (new) Regulation (EU) 2016/794 Article 23 – paragraph 7 (9 a) In Article 23, paragraph 7 is replaced by: 7. Onward transfers of personal data held by Europol by Member States, Union bodies, third countries, international organisations and private parties shall be prohibited, unless Europol has given its prior explicit authorisation.
Amendment 375 #
Proposal for a regulation Article 1 – paragraph 1 – point 10 Regulation (EU) 2016/794 Article 24 – paragraph 1 1. Subject to any further restrictions pursuant to this Regulation, in particular pursuant to Article 19(2) and (3) and without prejudice to Article 67, Europol shall only transmit operational personal data to another Union institution, body, office or agency if the data are necessary and proportionate for the legitimate performance of tasks of the other Union institution, body, office or agency, in accordance with Union law to achieve the purposes set out in the legal act establishing the Union body, office or agency.
Amendment 376 #
Proposal for a regulation Article 1 – paragraph 1 – point 10 Regulation (EU) 2016/794 Article 24 – paragraph 1 1.
Amendment 377 #
Proposal for a regulation Article 1 – paragraph 1 – point 11 – point -a a (new) Regulation (EU) 2016/794 Article 25 – paragraph 1 – subparagraph 1 -a a Subparagraph 1 of paragraph 1 is replaced by the following: "Chapter V of Regulation (EU) 2018/1725 shall apply to transfers of administrative personal data to third countries and international organisations. In cases of transfers of personal operational data to third countries and international organisations, this Regulation, including any possible restrictions pursuant to Article 19(2) or (3) and taking into account Article 67, and Article 94 of Regulation (EU) 2018/1725 shall apply."
Amendment 378 #
Proposal for a regulation Article 1 – paragraph 1 – point 11 – point -a a (new) Regulation (EU) 2016/794 Article 25 – paragraph 3 -a a Paragraph 3 is deleted.
Amendment 379 #
Proposal for a regulation Article 1 – paragraph 1 – point 11 – point a Regulation (EU) 2016/794 Article 25 – paragraph 5 Amendment 380 #
Proposal for a regulation Article 1 – paragraph 1 – point 11 – point a Regulation (EU) 2016/794 Article 25 – paragraph 5 Amendment 381 #
Proposal for a regulation Article 1 – paragraph 1 – point 11 – point a Regulation (EU) 2016/794 Article 25 – paragraph 5 Amendment 382 #
Proposal for a regulation Article 1 – paragraph 1 – point 11 – point a Regulation (EU) 2016/794 Article 25 – paragraph 5 By way of derogation from paragraph 1, the Executive Director may exceptionally authorise the transfer or categories of transfers of personal data related to a specific ongoing criminal investigation to third countries or international organisations on a case-by-
Amendment 383 #
Proposal for a regulation Article 1 – paragraph 1 – point 11 – point a Regulation (EU) 2016/794 Article 25 – paragraph 5 By way of derogation from paragraph 1, the Executive Director may authorise the transfer or specific categories of transfers of personal data to third countries or international organisations on a case-by- case basis if the transfer is, or the related transfers are:
Amendment 384 #
Proposal for a regulation Article 1 – paragraph 1 – point 11 – point a a (new) Regulation (EU) 2016/794 Article 25 – paragraph 5 a a (new) – introductory part (a a) In paragraph 5, the last sentence is replaced by the following: “Derogations may not be applicable to systematic, massive or structural transfers. Authorisations for categories of transfers of personal data should only be granted after consulting with the Commission and fora fixed duration, with clearly-defined categories that are strictly necessary for the objective identified according to points (a), (b), (c), or (d) of this paragraph, and with appropriate justification.”
Amendment 385 #
Proposal for a regulation Article 1 – paragraph 1 – point 11 – point a a (new) Regulation (EU) 2016/794 Article 25 – paragraph 7 (a a) Paragraph 7 is replaced by the following: The Executive Director shall as soon as possible inform the Management Board and the EDPS of the cases in which paragraph 5 has been applied. The JPSG shall have access to this information.
Amendment 386 #
Proposal for a regulation Article 1 – paragraph 1 – point 11 – point b – introductory part Regulation (EU) 2016/794 Article 25 – paragrapth 8 (b) In paragraph 8, the following sentence is
Amendment 387 #
Proposal for a regulation Article 1 – paragraph 1 – point 11 – point b – introductory part Regulation (EU) 2016/794 Article 25 – paragraph 8 (b)
Amendment 388 #
Proposal for a regulation Article 1 – paragraph 1 – point 11 – point b Regulation (EU) 2016/794 Article 25 – paragraph 8 Where a transfer is based on
Amendment 389 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 – point a Regulation (EU) 2016/794 Article 26 – paragraph 2 2. Europol may receive personal data directly from private parties and process those personal data in accordance with Article 18 in order to identify all national units concerned, as referred to in point (a) of paragraph 1. Europol shall forward the personal data and any relevant results from the processing of that data necessary for the sole purpose of establishing jurisdiction
Amendment 390 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 – point a Regulation (EU) 2016/794 Article 26 – paragraph 2 2. Europol may receive personal data directly from private parties and process those personal data in accordance with Article 18 in order to identify
Amendment 391 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 – point a Regulation (EU) 2016/794 Article 26 – paragraph 2 2. Where Europol
Amendment 392 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 – point b Regulation (EU) 2016/794 Article 26 – paragraph 4 Amendment 393 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 – point b Regulation (EU) 2016/794 Article 26 – paragraph 4 4. If Europol receives personal data from a private party in a third country
Amendment 394 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 – point b Regulation (EU) 2016/794 Article 26 – paragraph 4 4. If Europol receives personal data
Amendment 395 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 – point b Regulation (EU) 2016/794 Article 26 – paragraph 4 4. If Europol receives personal data from a private party in a third country, Europol may forward those data only to a Member State, or to a third country concerned with which an agreement on the basis of Article 23 of Decision 2009/371/JHA or on the basis of Article 218 TFEU has been concluded or which is the subject of an adequacy decision as referred to in point (a) of Article 25(1) of this Regulation. Where the conditions set out under paragraphs 5 and 6 of Article 25 are fulfilled, Europol may transfer the result of its analysis and verification of such data
Amendment 396 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 – point c Regulation (EU) 2016/794 Article 26 – paragraph 5 5. Europol may transmit or transfer personal data to private parties on a case- by-case basis, where it is
Amendment 397 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 – point c Regulation (EU) 2016/794 Article 26 – paragraph 5 5. Europol may transmit or transfer personal data to private parties on a case- by-case basis, where it is strictly necessary, after it has informed the EDPS and subject to any possible restrictions stipulated pursuant to Article 19(2) or (3) and without prejudice to Article 67, in the following cases:
Amendment 398 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 – point c Regulation (EU) 2016/794 Article 26 – paragraph 5 – point a Amendment 399 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 – point c Regulation (EU) 2016/794 Article 26 – paragraph 5 – point c Amendment 400 #
(c) the transmission or transfer of personal data
Amendment 401 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 – point c Regulation (EU) 2016/794 Article 26 – paragraph 5 – point c – point i (i) the transmission or transfer concerns an individual and a specific case;
Amendment 402 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 – point c Regulation (EU) 2016/794 Article 26 – paragraph 5 – point d – point –i (new) (d a) (-i)(new) the transmission or transfer is undoubtedly in the interests of the data subject, and either the data subject has given his or her consent;
Amendment 403 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 – point c Regulation (EU) 2016/794 Article 26 – paragraph 5 – subparagraphs (new) 5 a. the following subparagraphs are added: "Europol and private parties shall only share personal data that are part of multi- jurisdictional data sets or of data sets that cannot be attributed to one or several specific jurisdictions. Transfers shall not be systematic, massive or structural, and the conditions referred to in Article 26b shall apply. The Fundamental Rights Officer and the Data Protection Officer shall be involved in the exchanges of personal data with private parties.The EDPS shall be informed and may also be involved if he or she deems it necessary. Europol may only transfer data to private parties established in the Member States or in a third country provided that the third country is subject to a Commission decision finding that the country ensures an adequate level of data protection (‘adequacy decision’), or, in the absence of an adequacy decision, an international agreement concluded by the Union pursuant to Article 218 TFEU that includes the transfer of personal data for law enforcement purposes, or a cooperation agreement allowing for the exchange of personal data concluded between Europol and the third country prior to the entry into force of Regulation (EU) 2016/794."
Amendment 404 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 – point c Regulation (EU) 2016/794 Article 26 – paragraph 5 (new) 5 a. Transmissions or transfers shall not be systematic, massive or structural.
Amendment 405 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 – point c Regulation (EU) 2016/794 Article 26 – paragraph 6 Amendment 406 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 – point c Regulation (EU) 2016/794 Article 26 – paragraph 6 – subparagraph 1 6. With regard to points (a), (b) and (d) of paragraph 5 of this Article, if the private party concerned is not established within the Union or in a country with which Europol has a cooperation agreement allowing for the exchange of
Amendment 407 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 – point c Regulation (EU) 2016/794 Article 26 – paragraph 6 –subparagraph 1 6. With regard to points (a), (b) and (d) of paragraph 5 of this Article, if the private party concerned is not established within the Union or in a country with which Europol has a cooperation agreement allowing for the exchange of personal data, but with which the Union has concluded an international agreement pursuant to Article 218 TFEU or
Amendment 408 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 – point c Regulation (EU) 2016/794 Article 26 – paragraph 6 – subparagraph 1 – point a Amendment 409 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 – point c Regulation (EU) 2016/794 Article 26 – paragraph 6 – subparagraph 1 – point b Amendment 410 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 – point c Regulation (EU) 2016/794 Article 26 – paragraph 6 – subparagraph 1 – point c Amendment 411 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 – point c Regulation (EU) 2016/794 Article 26 – paragraph 6 – subparagraph 1 – point d Amendment 412 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 – point c Regulation (EU) 2016/794 Article 26 – paragraph 6 – subparagraph 1 point (d) (d) necessary in individual cases for the purposes of the prevention, investigation, detection or prosecution of a specific criminal offence
Amendment 413 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 – point c Regulation (EU) 2016/794 Article 26 – paragraph 6 – subparagraph 1 – point e Amendment 414 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 – point c Regulation (EU) 2016/794 Article 26 – paragraph 6 – subparagraph 1 – point f Amendment 415 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 – point c Regulation (EU) 2016/794 Article 26 – paragraph 6 – subparagraph 3 Transfers shall not be systematic, massive or structural
Amendment 416 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 – point d Regulation (EU) 2016/794 Article 26 – paragraph 6a – subparagraph 1 6a. Europol may send a reasoned request to Member States, via their national units, to obtain strictly necessary personal data from private parties,
Amendment 417 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 – point d Regulation (EU) 2016/794 Article 26 – paragraph 6a – subparagraph 1 6a. Europol may request Member States, via their national units, to obtain personal data from private parties, which are established or have a legal representative in their territory, under their applicable laws, for the purpose of sharing it with Europol, on the condition that the requested personal data is strictly limited to what is necessary for Europol with a view to identifying the national units concerned. The request made by Europol does not pose any obligation to Member States. Obtaining any information from private parties is contucted on a voluntary basis.
Amendment 418 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 – point d Regulation (EU) 2016/794 Article 26 – paragraph 6a – subparagraph 1 6a. Europol may request Member States, via their national units, to obtain personal data from private parties, which are legally established or have a legal representative in their territory, under their
Amendment 419 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 – point d Regulation (EU) 2016/794 Article 26 – paragraph 6a – subparagraph 1 6a. Europol may request Member States, via their national units, via a reasoned request which should be as targeted as possible, to obtain personal data from private parties, which are established or have a legal representative in their territory, under their applicable laws, for the purpose of sharing it with Europol, on the condition that the requested personal data is the least sensitive and strictly limited to what is necessary for Europol with a view to identifying the national units concerned.
Amendment 420 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 – point d Regulation (EU) 2016/794 Article 26 – paragraph 6a – subparagraph 2 Irrespective of their jurisdiction over the specific crime in relation to which Europol seeks to identify the national units concerned, Member States shall ensure that their competent national authorities can lawfully process such requests in accordance with their national laws in compliance with Union law for the purpose of supplying Europol with the information necessary for it to fulfil
Amendment 421 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 – point d Regulation (EU) 2016/794 Article 26 – paragraph 6a – subparagraph 2 Irrespective of their jurisdiction over the specific crime in relation to which Europol seeks to identify the national units concerned, Member States shall ensure that their competent national authorities can lawfully process such requests in accordance with their national laws, including appropriate judicial supervision and access to an effective remedy, for the purpose of supplying Europol with the information necessary for it to fulfil its objectives.
Amendment 422 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 – point d Regulation (EU) 2016/794 Article 26 –paragraph 6a – subparagraph 2 Irrespective of their jurisdiction over the specific crime in relation to which Europol seeks to identify the national units concerned, Member States
Amendment 423 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 – point d Regulation (EU) 2016/794 Article 26 – paragraph 6a Amendment 424 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 – point d Regulation (EU) 2016/794 Article 26 – paragraph 6b Amendment 425 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 – point d Regulation (EU) 2016/794 Article 26 –paragraph 6b 6b. Europol’s infrastructure may be used for exchanges between the competent authorities of Member States and private parties in accordance with the respective Member States’ national laws. In cases where Member States use this infrastructure for exchanges of personal data on crimes falling outside the scope of the objectives of Europol, Europol shall not have access to that data. Before Europol's infrastructure can be used for exchanges between the competent authorities of Member States and private parties, Europol shall carry out an assessment of the possible security risks posed from the opening of its infrastructure for use by private parties and, where necessary, implement appropriate preventive and mitigating measures.
Amendment 426 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 – point d Regulation (EU) 2016/794 Article 26 – paragraph 6b 6b. Europol’s infrastructure may be used for exchanges between the competent authorities of Member States and private parties in accordance with the respective Member States’ national laws. In cases where Member States use this infrastructure for exchanges of personal data on crimes falling outside the scope of the objectives of Europol, Europol shall not have access to that data and shall be considered as a “processor” in the meaning of Article 29 of Regulation (EU) 2018/1725.
Amendment 427 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 – point e Regulation (EU) 2016/794 Article 26 – paragraphs 9 and 10 (e) paragraphs 9 and 10 are
Amendment 428 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 – point e Regulation (EU) 2016/794 Article 26 – paragraph 9 (e) paragraphs 9
Amendment 429 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 – point e a (new) Regulation (EU) 2016/794 Article 26 – paragraphs 9 and 10 – new Amendment 430 #
Proposal for a regulation Article 1 – paragraph 1 – point 12 – point e a (new) Regulation (EU) 2016/794 Article 26 – paragraph 10 (e a) Paragraph 10 is replaced by the following:“10. The Commission shall evaluate the practice of direct exchanges of personal data with private parties by 1 May 2025.”
Amendment 431 #
Proposal for a regulation Article 1 – paragraph 1 – point 13 Regulation (EU) 2016/794 Article 26a Amendment 432 #
Proposal for a regulation Article 1 – paragraph 1 – point 13 Regulation (EU) 2016/794 Article 26a Amendment 433 #
Proposal for a regulation Article 1 – paragraph 1 – point 13 a (new) Regulation (EU) 2016/794 Article 26b – new (13 a) the following Article 26b is inserted: Article 26b - Processing under the authority of Europol or processor The processor and any person acting under the authority of Europol or of the processor who has access to operational personal data shall ensure that the conditions referred to in Article 87 of Regulation (EU) 2018/1725 are met.
Amendment 434 #
Proposal for a regulation Article 1 – paragraph 1 – point 14 Regulation (EU) 2016/794 Article 27a – paragraph 1 1. This Regulation, Article 3, Article 66, and Chapter IX of Regulation (EU) 2018/1725 of the European Parliament and of the Council* shall apply to the processing of operational personal data by Europol.
Amendment 435 #
Proposal for a regulation Article 1 – paragraph 1 – point 16 – point a – introductory part Regulation (EU) 2016/794 Article 30 – paragraph 2 (a)
Amendment 436 #
Proposal for a regulation Article 1 – paragraph 1 – point 16 – point a Regulation (EU) 2016/794 Article 30 – paragraph 2 2. .Processing of personal data, by automated or other means, revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade
Amendment 437 #
Proposal for a regulation Article 1 – paragraph 1 – point 16 – point a Regulation (EU) 2016/794 Article 30 – paragraph 2 2. Processing of personal data, by automated or other means, revealing racial or ethnic origin, political opinions, religious or philosophical beliefs or trade union membership and processing of genetic data and biometric data for the purpose of uniquely identifying a natural person or data concerning a person’s health or sex life or sexual orientation shall be
Amendment 438 #
Proposal for a regulation Article 1 – paragraph 1 – point 16 – point a Regulation (EU) 2016/794 Article 30 – paragraph 2 2. Processing of personal data, by automated or other means, revealing racial or ethnic origin, political opinions, religious or philosophical beliefs or trade union membership and processing of genetic data and biometric data for the purpose of uniquely identifying a natural person or data concerning a person’s health or sex life or sexual orientation shall be
Amendment 439 #
Proposal for a regulation Article 1 – paragraph 1 – point 16 – point a Regulation (EU) 2016/794 Article 30 – paragraph 2 a (new) 2 a. The data protection officer shall be informed without undue delay of recourse to this Article.
Amendment 440 #
Proposal for a regulation Article 1 – paragraph 1 – point 16 – point c Regulation (EU) 2016/794 Article 30 – paragraph 2 Amendment 441 #
Proposal for a regulation Article 1 – paragraph 1 – point 18 Regulation (EU) 2016/794 Article 33 (18) Article 33 is
Amendment 442 #
Proposal for a regulation Article 1 – paragraph 1 – point 18 a (new) Regulation (EU) 2016/794 Article 33 new (18 a) Article 33 - Data protection by design and by default Europol shall establish mechanisms to ensure that data protection by design and by default referred to in Article 85 of Regulation (EU) 2018/1725 is guaranteed;
Amendment 443 #
Proposal for a regulation Article 1 – paragraph 1 – point 19 Regulation (EU) 2016/794 Article 33a Amendment 444 #
Proposal for a regulation Article 1 – paragraph 1 – point 19 Regulation (EU) 2016/794 Article 33a – title Processing of
Amendment 445 #
Proposal for a regulation Article 1 – paragraph 1 – point 19 Regulation (EU) 2016/794 Article 33a – paragraph 1 – introductory part 1.
Amendment 446 #
Proposal for a regulation Article 1 – paragraph 1 – point 19 Regulation (EU) 2016/794 Article 33a – paragraph 1 – point a (a) any project shall be subject to prior authorisation by the Executive Director
Amendment 447 #
Proposal for a regulation Article 1 – paragraph 1 – point 19 Regulation (EU) 2016/794 Article 33a – paragraph 1 – point a (a) any research and innovation activity or project shall be subject to prior authorisation by the Executive Director
Amendment 448 #
Proposal for a regulation Article 1 – paragraph 1 – point 19 Regulation (EU) 2016/794 Article 33a – paragraph 1 – point a (a) any project shall be subject to prior authorisation by the Executive Director, based on a description of the envisaged processing activity, setting out the necessity
Amendment 449 #
Proposal for a regulation Article 1 – paragraph 1 – point 19 Regulation (EU) 2016/794 Article 33a – paragraph 1 – point aa (new) (a a) point aa (new) is inserted: "any activity or project shall be subject to an initial assessment by the Fundamental Rights Officer and the Data Protection Officer based on the information in point (a). If their opinion is that the technological solutions resulting from the research and innovation activity or project could constitute high risk AI systems within the meaning of Article 6 of Regulation (20XX/X) (AI Regulation), the EDPS and the JPSG shall give their explicit authorisation before the launch of the project. In the absence of such authorisation, the project shall not be pursued;"
Amendment 450 #
Proposal for a regulation Article 1 – paragraph 1 – point 19 Regulation (EU) 2016/794 Article 33a – paragraph 1 – point a a (new) (a a) when processing personal data for research and innovation, the processing shall only take place where: (i) fully required in order to achieve the objectives of the project; (ii) the use of anonymised personal data is not possible; (iii) the processing of special categories of personal data is excluded, or where explicitly, strictly necessary, accompanied by appropriate additional safeguards;and (iv) principles of data minimisation, privacy by design and default are guaranteed;
Amendment 451 #
(a b) point ab (new) is inserted: "the information in point (a) shall be detailed in a separate binding document for each research and innovation project or activity that shall be adopted by the Management Board and available to the EDPS;"
Amendment 452 #
Proposal for a regulation Article 1 – paragraph 1 – point 19 Regulation (EU) 2016/794 Article 33a – paragraph 1 – point a c (new) (a c) point ac (new) is inserted: "only anonymized data shall be used and processed for the development of research and innovation projects and activities;"
Amendment 453 #
Proposal for a regulation Article 1 – paragraph 1 – point 19 Regulation (EU) 2016/794 Article 33a – paragraph 1 – point b Amendment 454 #
Proposal for a regulation Article 1 – paragraph 1 – point 19 Regulation (EU) 2016/794 Article 33a – paragraph 1 – point b Amendment 455 #
Proposal for a regulation Article 1 – paragraph 1 – point 19 Regulation (EU) 2016/794 Article 33a – paragraph 1 – point b Amendment 456 #
Proposal for a regulation Article 1 – paragraph 1 – point 19 Regulation (EU) 2016/794 Article 33a – paragraph 1 – point b a (new) (b a) point ba (new) is inserted: "the Fundamental Rights Officer and the Data Protection Officer shall be involved and consulted in all the stages of the research and innovation activities or projects, including the EDPS if he or she deems it necessary;"
Amendment 457 #
Proposal for a regulation Article 1 – paragraph 1 – point 19 Regulation (EU) 2016/794 Article 33a – paragraph 1 – point b a (new) (b a) where the processing of personal data involves the use of real operational data, personal data shall be anonymised or pseudonymised where possible;
Amendment 458 #
Proposal for a regulation Article 1 – paragraph 1 – point 19 Regulation (EU) 2016/794 Article 33a – paragraph 1 – point b b (new) (b b) the point bb (new) is inserted: "the algorithms as well as the data used and produced in the framework of a research and innovation project shall be guided by the ethical principles of transparency, explainability, fairness, accountability and responsibility;"
Amendment 459 #
Proposal for a regulation Article 1 – paragraph 1 – point 19 Regulation (EU) 2016/794 Article 33a – paragraph 1 – point b b (new) (b b) Special categories of data as laid down in Regulation (EC) 2018/1725 shall not be processed for the purpose of research and innovation;
Amendment 460 #
Proposal for a regulation Article 1 – paragraph 1 – point 19 Regulation (EU) 2016/794 Article 33a – paragraph 1 – point b c (new) (b c) the point bc (new) is inserted: "an independent audit shall be carried out before and after the deployment of any technological solution resulting from a research and innovation project, particularly those based on artificial intelligence, to ensure that the outcomes of the projects do not undermine the fundamental rights and freedoms enshrined in the Charter, are not discriminatory in any form or contribute to mass surveillance;"
Amendment 461 #
Proposal for a regulation Article 1 – paragraph 1 – point 19 Regulation (EU) 2016/794 Article 33a – paragraph 1 – point b d (new) (b d) the point bd (new) is inserted: "the independent audits shall be carried out by independent experts;"
Amendment 462 #
Proposal for a regulation Article 1 – paragraph 1 – point 19 (c)
Amendment 463 #
Proposal for a regulation Article 1 – paragraph 1 – point 19 Regulation (EU) 2016/794 Article 33a – paragraph 1 – point d (d)
Amendment 464 #
Proposal for a regulation Article 1 – paragraph 1 – point 19 Regulation (EU) 2016/794 Article 33a – paragraph 1 – point e (e)
Amendment 465 #
Proposal for a regulation Article 1 – paragraph 1 – point 19 Regulation (EU) 2016/794 Article 33a – paragraph –point f (f)
Amendment 466 #
Proposal for a regulation Article 1 – paragraph 1 – point 19 Regulation (EU) 2016/794 Article 33a – paragraph 1 – point f (f)
Amendment 467 #
Proposal for a regulation Article 1 – paragraph 1 – point 19 Regulation (EU) 2016/794 Article 33a – paragraph 2 2. Europol shall keep a complete and detailed description of the process and rationale behind the training, testing and validation of algorithms to ensure transparency
Amendment 468 #
Proposal for a regulation Article 1 – paragraph 1 – point 19 Regulation (EU) 2016/794 Article 33a – paragraph 2 2. Europol shall keep a complete and detailed description of the process and rationale behind the training, testing and validation of algorithms to ensure transparency and for verification of the accuracy of the results, including all elements listed in paragraph 1(a) of this Article, which shall be made available in its entirety to the EDPS and the JPSG right after launching the project.;
Amendment 469 #
Proposal for a regulation Article 1 – paragraph 1 – point 19 Regulation (EU) 2016/794 Article 33a – paragraph 2 2. Europol shall keep a complete and detailed description of the process and rationale behind the training, testing and validation of algorithms to ensure transparency and for verification of the accuracy of the results
Amendment 470 #
Proposal for a regulation Article 1 – paragraph 1 – point 19 Regulation (EU) 2016/794 Article 33a – paragraph 2a new 2 a. After the project is finished, the full description of the project including all elements listed in paragraph 1 of this Article shall be made publicly available, without prejudice to Regulation (EC) 2001/1049.
Amendment 471 #
Proposal for a regulation Article 1 – paragraph 1 – point 20 – point a Regulation (EU) 2016/794 Article 34 – paragraph 1 1.
Amendment 472 #
Proposal for a regulation Article 1 – paragraph 1 – point 20 – point a Regulation (EU) 2016/794 Article 34 – paragraph 1 1.
Amendment 473 #
Proposal for a regulation Article 1 – paragraph 1 – point 20 – point a Regulation (EU) 2016/794 Article 34 – paragraph 1 1. In the event of a personal data breach, Europol shall without undue delay notify the EDPS and the competent authorities of the Member States concerned, of that breach, in accordance with the conditions laid down in Article 7(5), as well as the provider of the data concerned unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons.;
Amendment 474 #
Proposal for a regulation Article 1 – paragraph 1 – point 20 – point b Regulation (EU) 2016/794 Article 34 – paragraph 3 Amendment 475 #
Proposal for a regulation Article 1 – paragraph 1 – point 22 – point b 3. Any data subject wishing to exercise the right of access referred to in Article 80 of Regulation (EU) 2018/1725 to personal data that relate to the data subject may make a request to that effect, without
Amendment 476 #
Proposal for a regulation Article 1 – paragraph 1 – point 22 – point b Regulation (EU) 2016/794 Article 36 – paragraph 3 3. Any data subject wishing to exercise the right of access referred to in Article 80 of Regulation (EU) 2018/1725 to personal data that relate to the
Amendment 477 #
Proposal for a regulation Article 1 – paragraph 1 – point 22 – point b Regulation (EU) 2016/794 Article 36 – paragraph 3 3. Any data subject wishing to exercise the right of access referred to in Article 80 of Regulation (EU) 2018/1725 to personal data that relate to the data subject may make a request to that effect,
Amendment 478 #
Proposal for a regulation Article 1 – paragraph 1 – point 23 – point c Regulation (EU) 2016/794 Article 37 – paragraph 3 Amendment 479 #
Proposal for a regulation Article 1 – paragraph 1 – point 25 – point -a (new) Regulation (EU) 2016/794 Article 38 – paragraph 1 (-a) paragraph 1 is replaced by the following: “1. Europol shall process personal data in a way that ensures that it can be established which authority provided the data or from where the data were retrieved;”
Amendment 480 #
Proposal for a regulation Article 1 – paragraph 1 – point 25 – point -a a (new) Regulation (EU) 2016/794 Article 38 – paragraph 2 (-a a) paragraph 2 is replaced by the following: “The responsibility for the quality of personal data shall lie, from the moment of the transmission or transfer, with:”
Amendment 481 #
Proposal for a regulation Article 1 – paragraph 1 – point 25 – point -a b (new) Regulation (EU) 2016/794 Article 38 – paragraph 2 – point a (-a b) point (a) is replaced by the following: "(a) the Member State or the Union institution, body, office or agency which provided the personal data to Europol;"
Amendment 482 #
Proposal for a regulation Article 1 – paragraph 1 – point 25 – point a a (new) Regulation (EU) 2016/794 Article 38 – paragraph 6 (a a) paragraph 6 is replaced by the following: "6. In the case of a transfer between Europol and a Union institution, body, office or agency, the responsibility for the legality of the transfer shall lie with Europol.”
Amendment 483 #
Proposal for a regulation Article 1 – paragraph 1 – point 26 – point a Regulation (EU) 2016/794 Article 39 – paragraph 1 1.
Amendment 484 #
Proposal for a regulation Article 1 – paragraph 1 – point 29 Regulation (EU) 2016/794 Article 41 –paragraph 1 1. The Management Board shall appoint a Data Protection Officer, who shall be a member of the staff specifically appointed for this purpose.
Amendment 485 #
Proposal for a regulation Article 1 – paragraph 1 – point 29 Regulation (EU) 2016/794 Article 41 – paragraph 2 2. The Data Protection Officer shall be selected on the basis of
Amendment 486 #
Proposal for a regulation Article 1 – paragraph 1 – point 29 Regulation (EU) 2016/794 Article 41 – paragraph 3 3. The selection of the Data Protection Officer shall not be liable to result in a conflict of interests between
Amendment 487 #
Proposal for a regulation Article 1 – paragraph 1 – point 29 Regulation (EU) 2016/794 Article 41 – paragraph 4 Amendment 488 #
Proposal for a regulation Article 1 – paragraph 1 – point 29 Regulation (EU) 2016/794 Article 41 – paragraph 4 4. The Data Protection Officer shall be designated for a term of four years and shall be eligible for reappointment. The Data Protection Officer may be dismissed from his or her post by the
Amendment 489 #
Proposal for a regulation Article 1 – paragraph 1 – point 29 Regulation (EU) 2016/794 Article 41 – paragraph 4 4. The Data Protection Officer shall be designated for a term of four years and shall be eligible for reappointment. The Data Protection Officer may be dismissed from his or her post by the
Amendment 490 #
Proposal for a regulation Article 1 – paragraph 1 – point 29 Regulation (EU) 2016/794 Article 41 – paragraph 5 Amendment 491 #
Proposal for a regulation Article 1 – paragraph 1 – point 30 Regulation (EU) 2016/794 Article 41a – paragraph 2 2. Europol shall support the Data Protection Officer in performing the tasks referred to in Article 41c by providing the resources and staff necessary to carry out those tasks and by providing access to personal data and processing operations, and to maintain
Amendment 492 #
Proposal for a regulation Article 1 – paragraph 1 – point 30 Regulation (EU) 2016/794 Article 41a – paragraph 2 a (new) 2 a. . Given the increased complexity and responsibility of the role of the DPO, a team of Data Protection Monitors shall be appointed to assist the DPO in the tasks outlined in Article 41b and support the Europol in complying with this Regulation and Regulation EU 2018/1725.
Amendment 493 #
Proposal for a regulation Article 1 – paragraph 1 – point 30 Regulation (EU) 2016/794 Article 41a – paragraph 3 3. Europol shall ensure that the Data Protection Officer
Amendment 494 #
Proposal for a regulation Article 1 – paragraph 1 – point 30 Regulation (EU) 2016/794 5. The Management Board shall adopt further implementing rules concerning the Data Protection Officer. Those implementing rules shall in particular concern the selection procedure for the position of the Data Protection Officer,
Amendment 495 #
Proposal for a regulation Article 1 – paragraph 1 – point 30 Regulation (EU) 2016/794 Article 41a – paragraph 6 6. The Data Protection Officer and
Amendment 496 #
Proposal for a regulation Article 1 – paragraph 1 – point 30 Regulation (EU) 2016/794 Article 41a – paragraph 6 a (new) Amendment 497 #
Proposal for a regulation Article 1 – paragraph 1 – point 30 Regulation (EU) 2016/794 Article 41a – paragraph 6 b (new) 6 b. After their designation, the Data Protection Officer shall be registered with the European Data Protection Supervisor by the Management Board.
Amendment 498 #
Proposal for a regulation Article 1 – paragraph 1 – point 30 Regulation (EU) 2016/794 Article 41b – paragraph 1 – point e (e) ensuring that a record of the transmission, transfer and receipt of personal data is kept in accordance with this Regulation;
Amendment 499 #
Proposal for a regulation Article 1 – paragraph 1 – point 30 Regulation (EU) 2016/794 Article 41b – paragraph 1 – point h (h) cooperating with
Amendment 500 #
Proposal for a regulation Article 1 – paragraph 1 – point 30 Regulation (EU) 2016/794 Article 41a (k a) (l) ensuring that the rights and freedoms of data subjects are not adversely affected by processing operations;
Amendment 501 #
Proposal for a regulation Article 1 – paragraph 1 – point 30 Regulation (EU) 2016/794 Article 41b Amendment 502 #
Proposal for a regulation Article 1 – paragraph 1 – point 30 Regulation (EU) 2016/794 Article 41c (new) Amendment 503 #
Proposal for a regulation Article 1 – paragraph 1 – point 30 a (new) Regulation (EU) 2016/794 Article 41c (30 a) the following Article 41c is added: Mandatory fundamental rights training All Europol staff shall get mandatory training in the protection of fundamental rights and freedoms, including with regard to the processing of personal data. These trainings shall be developed and organised in cooperation with the FRA and CEPOL.
Amendment 504 #
Proposal for a regulation Article 1 – paragraph 1 – point 31 Regulation (EU) 2016/794 Article 42 – paragraph 1 1. Each Member State shall designate a national supervisory authority. The national supervisory authority shall have the task of monitoring independently, in accordance with its national law, the permissibility of the transfer, the retrieval and any communication to Europol of personal data by the Member State concerned, and of examining whether such transfer, retrieval or communication violates the rights of the data subjects concerned. For the purpose of exercising their supervisory function the national supervisory authority shall have access, at the national unit or at the liaison officers’ premises, to data submitted by its Member State to Europol in accordance with the relevant national procedures and to logs as referred to in Article 40.
Amendment 505 #
Proposal for a regulation Article 1 – paragraph 1 – point 32 – point a Regulation (EU) 2016/794 Article 43 – paragraph 1 The EDPS shall be responsible for monitoring and ensuring the application of the provisions of this Regulation and
Amendment 506 #
Proposal for a regulation Article 1 – paragraph 1 – point 32 – point a Regulation (EU) 2016/794 Article 43 – paragraph 1, a a (new) (a) a Paragraph 1a is added: “The EDPS financial resources and human resources, at skill levels commensurate with the complexity of Europol activities, shall be adjusted in accordance with the increased volume of work so as to not impede the proper functioning of Europol.”
Amendment 507 #
Proposal for a regulation Article 1 – paragraph 1 – point 32 – point a a (new) Regulation (EU) 2016/794 Article 43 – paragraphs 3 and 4 (a a) paragraph 3 and 4 will be deleted: 3.The EDPS may pursuant to this Regulation: (a) give advice to data subjects on the exercise of their rights; (b) refer a matter to Europol in the event of an alleged breach of the provisions governing the processing of personal data, and, where appropriate, make proposals for remedying that breach and for improving the protection of the data subjects; (c) order that requests to exercise certain rights in relation to data be complied with where such requests have been refused in breach of Articles 36 and 37; (d) warn or admonish Europol; (e) order Europol to carry out the rectification, restriction, erasure or destruction of personal data which have been processed in breach of the provisions governing the processing of personal data and to notify such actions to third parties to whom such data have been disclosed; (f) impose a temporary or definitive ban on processing operations by Europol which are in breach of the provisions governing the processing of personal data; (g) refer a matter to Europol and, if necessary, to the European Parliament, the Council and the Commission; (h) refer a matter to the Court of Justice of the European Union under the conditions provided for in the TFEU; (i) intervene in actions brought before the Court of Justice of the European Union. 4. The EDPS shall have the power to: (a) obtain from Europol access to all personal data and to all information necessary for his or her enquiries; (b) obtain access to any premises in which Europol carries on its activities when there are reasonable grounds for presuming that an activity covered by this Regulation is being carried out there.
Amendment 508 #
Proposal for a regulation Article 1 – paragraph 1 – point 32 – point a a (new) Regulation (EU) 2016/794 Article 43 – paragraphs 3 and 4 (a a) paragraphs 3 and 4 shall be replaced by the following: “3. The tasks and powers of the EDPS as set out in Articles 57 and 58 of Regulation2018/1725 shall apply mutatis mutandis to Europol and all data processing activity in accordance with this Regulation.
Amendment 509 #
Proposal for a regulation Article 1 – paragraph 1 – point 32 – point b Regulation (EU) 2016/794 Article 43 – paragraph 5 5. The EDPS shall draw up an annual report on his or her supervisory activities in relation to Europol. That report shall be part of the annual report of the EDPS referred to in Article 60 of Regulation (EU) 2018/1725. The national supervisory authorities shall be invited to make observations on this report before it becomes part of the annual report. The
Amendment 510 #
Proposal for a regulation Article 1 – paragraph 1 – point 32 – point b Regulation (EU) 2016/794 Article 43 – paragraph 5 – subparagraph 2 Amendment 511 #
Proposal for a regulation Article 1 – paragraph 1 – point 32 a (new) Regulation (EU) 2016/794 Article 43 – paragraph 3 – point (i) (b1) (32 a) Paragraph 3 is amended as follows: (i) point (b1) is added: “Establish regulatory sandboxes that facilitate the development, testing and validation of innovative law enforcement tools by Europol under the guidance of the EDPS, with a view to ensuring compliance with data protection obligations;”
Amendment 512 #
Proposal for a regulation Article 1 – paragraph 1 – point 36 – point b Regulation (EU) 2016/794 Article 50 – paragraph 1 (b) paragraph 1 is
Amendment 513 #
Proposal for a regulation Article 1 – paragraph 1 – point 36 – point b Regulation (EU) 2016/794 Article 50 – paragraph 1 (b) paragraph 1 is
Amendment 514 #
Proposal for a regulation Article 1 – paragraph 1 – point 37 – point -a (new) Regulation (EU) 2016/794 Article 51 – paragraph 2 (-a) In paragraph 2, the following points (aa) and (ab) are added: “(aa) Europol shall furnish the JPSG with any and all documents which are provided to the Management Board at the same time as they are provided to the Management Board.Europol shall also furnish the JPSG with any and all documents requested by it and which are necessary for the fulfilment of its tasks relating to the political monitoring of Europol.Europol shall fulfil all such requests within a reasonable period and in any case not later than 14days from the date of the request. "(ab) The Chairperson of the Management Board, the Executive Director or their Deputies shall, at short notice, appear before an emergency session of the JPSG convened in circumstances where the latter believes that Europol has engaged in activities that breach fundamental rights.”
Amendment 515 #
Proposal for a regulation Article 1 – paragraph 1 – point 37 – point a – introductory part Regulation (EU) 2016/794 Article 51 – paragraph 3 (a) in paragraph 3, the following points (f) to (
Amendment 516 #
Proposal for a regulation Article 1 – paragraph 1 – point 37 – point a – introductory part Regulation (EU) 2016/794 Article 51 – paragraph 3 (a) in paragraph 3, the following point
Amendment 517 #
Proposal for a regulation Article 1 – paragraph 1 – point 37 – point a Regulation (EU) 2016/794 Article 51 – paragraph 3 – point f (-f) Annual information about the number of cases in which Europol has transferred personal data to an authority of a third country or to an international organisation, per legal basis laid down in Article 25 paragraph 1, and on the number of cases in which the Executive Director authorised the transfer or categories of transfers of personal data related to a specific ongoing criminal investigation to third countries or international organisations, by derogation of Article 25 paragraph 1, including specific cases ;
Amendment 518 #
Proposal for a regulation Article 1 – paragraph 1 – point 37 – point a Regulation (EU) 2016/794 Article 51 – paragraph 3 – point f (f) annual information about the number of cases in which Europol issued follow-up requests to private parties or own-initiative requests to Member States of establishment for the transmission of personal data in accordance with Article 26,
Amendment 519 #
Proposal for a regulation Article 1 – paragraph 1 – point 37 – point a Regulation (EU) 2016/794 Article 51 – paragraph 3 – point (f) (f) annual information about the number of cases in which Europol issued follow-up requests to private parties or own-initiative requests to Member States of establishment for the transmission of personal data in accordance with Article 26, including specific examples of cases demonstrating why these requests were necessary and proportionate for Europol to fulfil its objectives and tasks;
Amendment 520 #
Proposal for a regulation Article 1 – paragraph 1 – point 37 – point a Regulation (EU) 2016/794 Article 51 – paragraph 3 – point f a (new) (f a) the consolidated annual activity report on Europol’s activities, referred to in point (c) of Article 11(1), with a detailed section on Europol’s activities in and results obtained in processing complex data sets;
Amendment 521 #
Proposal for a regulation Article 1 – paragraph 1 – point 37 – point a Regulation (EU) 2016/794 Article 51 – paragraph 3 – point g Amendment 522 #
Proposal for a regulation Article 1 – paragraph 1 – point 37 – point a Regulation (EU) 2016/794 Article 51 – paragraph 3 – point g (g) annual information about the number of cases where it was necessary for Europol to process personal data outside the categories of data subjects listed in Annex II in order to support Member States in a specific criminal investigation in accordance with Article 18a, alongside data on the duration and outcomes of the processing, including examples of such cases demonstrating why this data processing was necessary;
Amendment 523 #
Proposal for a regulation Article 1 – paragraph 1 – point 37 – point a Regulation (EU) 2016/794 Article 51 – paragraph 3 – point g (g) annual information about the number of cases where it was necessary for Europol to process personal data outside the categories of data subjects listed in Annex II in order to support Member States in a specific criminal investigation in accordance with Article 18a, including examples of such cases demonstrating why this data processing was necessary and proportionate;
Amendment 524 #
Proposal for a regulation Article 1 – paragraph 1 – point 37 – point a Regulation (EU) 2016/794 Article 51 – paragraph 3 – point h Amendment 525 #
Proposal for a regulation Article 1 – paragraph 1 – point 37 – point a Regulation (EU) 2016/794 Article 51 – paragraph 3 – point h (h) annual information about the
Amendment 526 #
Proposal for a regulation Article 1 – paragraph 1 – point 37 – point a Regulation (EU) 2016/794 Article 51 – paragraph 3 – point h (h) annual information about the number of cases in which Europol issued alerts in the Schengen Information System in accordance with Article 4(1)(r), and the number of ‘hits’, investigations and convictions these alerts generated, including specific examples of cases demonstrating why these alerts were necessary for Europol to fulfil its objectives and tasks;
Amendment 527 #
Proposal for a regulation Article 1 – paragraph 1 – point 37 – point a Regulation (EU) 2016/794 Article 51 – paragraph 3 – point i Amendment 528 #
Proposal for a regulation Article 1 – paragraph 1 – point 37 – point a Regulation (EU) 2016/794 Article 51 – paragraph 3 – point i (i) annual information about the number of pilot projects in which Europol processed personal data to train, test and validate algorithms for the development of tools, including AI-based tools, for law enforcement in accordance with Article 33a, including information on the purposes of these projects
Amendment 529 #
Proposal for a regulation Article 1 – paragraph 1 – point 37 – point a Regulation (EU) 2016/794 Article 51 – paragraph 3 – point i (i) annual information about the number of pilot projects in which Europol processed personal data to train, test and validate algorithms for the development of tools, including AI-based tools, for law enforcement in accordance with Article 33a, including information on the purposes of these projects, the categories of personal data being processed, the additional safeguards used, the data minimisation processes used, and the law enforcement needs they seek to address
Amendment 530 #
Proposal for a regulation Article 1 – paragraph 1 – point 37 – point a Regulation (EU) 2016/794 Article 51 – paragraph 3 – point i (i) annual information about the
Amendment 531 #
Proposal for a regulation Article 1 – paragraph 1 – point 37 – point a Regulation (EU) 2016/794 (i) annual information about the number of pilot projects in which Europol processed personal data to train, test and validate algorithms for the development of tools, including AI-based tools, for law enforcement in accordance with Article 33a, including all information on the
Amendment 532 #
Proposal for a regulation Article 1 – paragraph 1 – point 37 – point a Regulation (EU) 2016/794 Article 51 –paragraph 3 – point i a (new) (i a) annual information on the number of cases in which the Executive Director has authorised the transfer of categories of data to third countries according to paragraph 5 of Article 25, the countries in case, the frequency of the transfers of categories of data, the duration for which the transfers of categories of data have been authorised, and the justification for the authorization for the transfers of categories of data;
Amendment 533 #
Proposal for a regulation Article 1 – paragraph 1 – point 37 – point a Regulation (EU) 2016/794 (i a) annual information on the number and types of cases where sensitive categories of personal data were processed, pursuant to Article 30(2);
Amendment 534 #
Proposal for a regulation Article 1 – paragraph 1 – point 37 – point a Regulation (EU) 2016/794 Article 51 – paragraph 3 – point i b (new) (i b) annual information on the number of alerts introduced by Europol in SIS pursuant to Article 4(1)(r), the number of “hits” on these alerts, and the number of objections by Member States.
Amendment 535 #
Proposal for a regulation Article 1 – paragraph 1 – point 37 – point a a (new) Regulation (EU) 2016/794 Article 51 – paragraphs 5a and 5b (new) (a a) Paragraphs 5a and 5b are added: “5a.The JPSG shall have the power to conduct unannounced visits to Europol offices. "5b.The JPSG shall have the power to impose sanctions on Europol in circumstances where breaches of fundamental rights in the activities of Europol have been found.These sanctions shall include: (i ) a request that the Management Board impose a temporary or definitive limitation on a project or activity; (ii) a request that the Management Board order the suspension of a project or activity; (iii) a request that the Management Board initiate the dismissal of the Executive Director."
Amendment 536 #
Proposal for a regulation Article 1 – paragraph 1 – point 37 – point a a (new) Regulation (EU) 2016/794 Article 51 – paragraphs 5 and 6 (a a) (new) (a a) Paragraph 5 is replaced by: 5.The JPSG may draw up summary conclusions on the political monitoring of Europol's activities and issue recommendations, and submit these conclusions and recommendations to the European Parliament and national parliaments.The European Parliament shall forward them to the Council, the Commission and Europol. Paragraph 6 is added: 6. Without undue delay, Europol and the Commission shall react to the recommendations issued by the JPSG, and provide reasons in case it does not take over the recommendations.
Amendment 537 #
Proposal for a regulation Article 1 – paragraph 1 – point 37 – point a a (new) Regulation (EU) 2016/794 Article 51 – paragraph 3 a (new) (a a) The following paragraph 3a (new) is inserted: "The JPSG shall be informed of the activities and tasks of Europol and consulted in accordance with this Regulation, in particular before the development of any research and innovation project or activity and about the intention to set up any new specialized unit in Europol."
Amendment 538 #
Proposal for a regulation Article 1 – paragraph 1 – point 37 – point a b (new) Regulation (EU) 2016/794 Article 51 – paragraph 4 (a b) paragraph 4 is replaced by the following: "4. The JPSG shall request other relevant documents necessary for the fulfilment of its tasks relating to the political monitoring of Europol's activities, subject to Regulation (EC) No 1049/2001 of the European Parliament and of the Council.
Amendment 539 #
Proposal for a regulation Article 1 – paragraph 1 – point 37 a (new) Regulation (EU) 2016/794 Article 52a – new (37 a) Article 52a (new) is inserted: "Article 52a - Consultative Forum 1.A consultative forum shall be established by Europol to assist it by providing independent advice in fundamental rights matters.The executive director and the management board, in coordination with the Fundamental Rights Officer, may consult the consultative forum on any matter related to fundamental rights. 2.Europol shall invite independent experts, the FRA and other relevant organisations in the field of fundamental rights to participate in the consultative forum.On the basis of a proposal from the Fundamental Rights Officer, the Management Board shall decide on the composition of the consultative forum and the terms of the transmission of information to the consultative forum. 3.The consultative forum shall define its working methods and set up its work programme. 4.Without prejudice to the tasks of the Fundamental Rights Officer, the consultative forum shall be provided with effective access in a timely and effective manner to all information necessary to assess the respect for fundamental rights in Europol’s tasks and activities. 5. The consultative forum shall prepare an annual report of its activities. That report shall be made publicly available.
Amendment 540 #
Proposal for a regulation Article 1 – paragraph 1 – point 37 b (new) Regulation (EU) 2016/794 Article 52b (new) Amendment 541 #
Proposal for a regulation Article 1 – paragraph 1 – point 37 c (new) Regulation (EU) 2016/794 Article 52c (new) (37 c) Article 52c (new) is inserted: "Article 52c - Accountability Europol shall be accountable to the European Parliament, to the Council and to the Commission in accordance to this Regulation."
Amendment 542 #
Proposal for a regulation Article 1 – paragraph 1 – point 38 Regulation (EU) 2016/794 Article 57 – paragraph 4 Amendment 543 #
4. Europol may benefit from Union funding in the form of contribution agreements or grant agreements in accordance with its financial rules referred to in Article 61 and with the provisions of the relevant instruments supporting the policies of the Union. Contributions may be received from
Amendment 544 #
Proposal for a regulation Article 1 – paragraph 1 – point 38 Regulation (EU) 2016/794 Article 57 – paragraph 4 4. Europol may benefit from Union
Amendment 545 #
Proposal for a regulation Article 1 – paragraph 1 – point 39 – point b Regulation (EU) 2016/794 Article 61 – paragraphs 2 and 3 Amendment 546 #
Proposal for a regulation Article 1 – paragraph 1 – point 39 – point b Regulation (EU) 2016/794 Article 61 – paragraph 2 2. Europol may award grants related to the fulfilment of its objectives and tasks as referred to in Articles 3 and 4.
Amendment 547 #
Proposal for a regulation Article 1 – paragraph 1 – point 39 – point b Regulation (EU) 2016/794 Article 61 – paragraphs 3 3. Europol may award grants without a call for proposals to Member States for performance of activities falling within Europol’s objectives and tasks set out in Articles 3 and 4.;
Amendment 548 #
Proposal for a regulation Article 1 – paragraph 1 – point 39 – point c Regulation (EU) 2016/794 Article 61 – paragraph 3a 3a. Where duly justified for operational purposes, following the authorization of the Management Board and after having informed the JPSG, financial support may cover the full investment costs of equipment
Amendment 549 #
Proposal for a regulation Article 1 – paragraph 1 – point 39 – point c Regulation (EU) 2016/794 Article 61 – paragraph 3a 3a.
Amendment 550 #
Proposal for a regulation Article 1 – paragraph 1 – point 40 Regulation (EU) 2016/794 Article 67 – paragraphs 1 and 2 Amendment 551 #
Proposal for a regulation Article 1 – paragraph 1 – point 40 a (new) Regulation (EU) 2016/794 Article 68 – paragraph 1 (40 a) in Article 68, the following sentence is added at the end of paragraph 1: "Conducting a thorough evaluation assessment of Europol’s tasks and activities shall be a precondition before considering any future revision of Europol’s Regulation."
Amendment 552 #
Proposal for a regulation Article 1 – paragraph 1 – point 41 Regulation (EU) 2016/794 Article 68 – paragraph 3 3. The Commission shall, by [three years after entry into force of this Regulation], submit a report to the European Parliament and to the Council, a
Amendment 553 #
Proposal for a regulation Article 1 – paragraph 1 – point 41 Regulation (EU) 2016/794 Article 68 – paragraph 3 3. The Commission shall, by [t
Amendment 554 #
Proposal for a regulation Article 1 – paragraph 1 – point 41 Regulation (EU) 2016/794 Article 68 – paragraph 3 3. The Commission shall, by [three years after entry into force of this Regulation], submit a report to the European Parliament and to the Council, assessing the operational benefits of the implementation of the competences provided for in Article 18(2)(e) and (5a)
source: 693.801
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History
(these mark the time of scraping, not the official date of the change)
2022-05-04Show (1) Changes | Timetravel
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2022-05-03Show (1) Changes | Timetravel
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2022-02-08Show (1) Changes
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