Next event: Draft final act 2024/03/13 more...
- Act adopted by Council after Parliament's 1st reading 2024/02/26
- Decision by Parliament, 1st reading 2024/02/08
- Debate in Parliament 2024/02/07
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations 2023/12/04
- Coreper letter confirming interinstitutional agreement 2023/11/29
- Committee decision to enter into interinstitutional negotiations confirmed by plenary (Rule 71) 2023/06/12
- Committee decision to enter into interinstitutional negotiations announced in plenary (Rule 71) 2023/05/31
- Committee report tabled for plenary, 1st reading 2023/05/26
- Vote in committee, 1st reading 2023/05/23
- Committee decision to open interinstitutional negotiations with report adopted in committee 2023/05/23
- Amendments tabled in committee 2022/11/03
- Amendments tabled in committee 2022/11/03
- Committee draft report 2022/09/19
Progress: Awaiting signature of act
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | LIBE | RANGEL Paulo ( EPP) | TANG Paul ( S&D), KELLER Fabienne ( Renew), DELBOS-CORFIELD Gwendoline ( Verts/ALE), BRUDZIŃSKI Joachim Stanisław ( ECR), DALY Clare ( GUE/NGL) |
Committee Opinion | BUDG |
Lead committee dossier:
Legal Basis:
TFEU 016-p2, TFEU 087-p2, TFEU 88-p2
Legal Basis:
TFEU 016-p2, TFEU 087-p2, TFEU 88-p2Subjects
Events
The European Parliament adopted by 451 votes to 94, with 10 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council on automated data exchange for police cooperation (“Prüm II”), amending Council Decisions 2008/615/JHA and 2008/616/JHA and Regulations (EU) 2018/1726, 2019/817 and 2019/818 of the European Parliament and of the Council.
Parliament's position adopted at first reading under the ordinary legislative procedure should amend the proposal as follows:
Purpose
The proposed regulation establishes a framework for the exchange of information between authorities responsible for the prevention, detection and investigation of criminal offences. The purpose of the Prüm II framework is to:
- step up cross-border cooperation particularly by facilitating the exchange of information between Member States’ competent authorities, in full respect of the fundamental rights of natural persons, including the right to respect for one’s private life and the right to the protection of personal data, in accordance with the Charter of Fundamental Rights of the European Union;
- allow Member State’s competent authorities to search for missing persons in the context of criminal investigations or on humanitarian grounds and to identify human remains provided that those authorities are empowered to conduct such searches and to carry out such identifications under national law.
DNA reference data
Member States should ensure the availability of DNA reference data from their national DNA databases for the purposes of automated searches by other Member States and Europol.
For the investigation of criminal offences, Member States should, at the time of initial connection to the router via their national contact points, conduct an automated search by comparing all the DNA profiles stored in their DNA databases with all the DNA profiles stored in all other Member States’ DNA databases and Europol data. The initial automated search should be conducted bilaterally.
Following the initial automated search of DNA profiles, Member States should conduct automated searches by comparing all the new DNA profiles added to their databases with all the DNA profiles stored in other Member States’ databases and Europol data. That automated searching of new DNA profiles should take place regularly.
The national contact point of the requesting Member State may decide to confirm a match between two sets of dactyloscopic data. Where it decides to confirm a match between two sets of dactyloscopic data, it should inform the requested Member State and shall ensure that at least one qualified member of staff conducts a manual review in order to confirm that match with dactyloscopic reference data received from the requested Member State.
Dactyloscopic data
Member States should allow national contact points of other Member States and Europol access to the dactyloscopic reference data in their national databases established for that purpose to conduct automated searches by comparing dactyloscopic reference data. They should take appropriate measures to ensure the confidentiality and integrity of dactyloscopic data sent to other Member States or Europol, including their encryption. Europol should inform the Member States, the Commission and eu-LISA of its maximum search capacities per day for identified and unidentified fingerprint data. Member States or Europol may temporarily or permanently increase these search capacities at any time, in particular in an emergency.
Automated searching of vehicle registration data
Member States should allow national contact points of other Member States and Europol access to the following national vehicle registration data to conduct automated searches in individual cases. Searches conducted with data related to the owner or holder of the vehicle shall only be conducted in the case of suspects or convicted persons.
Automated searching of facial images
For the prevention, detection and investigation of criminal offences punishable by a maximum term of imprisonment of at least one year under the law of the requesting Member State, Member States should allow national contact points of other Member States and Europol access to the facial image reference data in their national databases to conduct automated searches.
Member States should take appropriate measures to ensure the confidentiality and integrity of facial images sent to other Member States or Europol, including their encryption.
Police records
Given the sensitivity of the data concerned, exchanges of national police record indexes under this Regulation should only concern the data of persons convicted or suspected of having committed a criminal offence . In addition, it should only be possible to conduct automated searches of national police record indexes for the purpose of preventing, detecting and investigating a criminal offence punishable by a maximum term of imprisonment of at least one year under the law of the requesting Member State.
Missing persons and unidentified human remains
Where a national authority has been so empowered by national legislative measures, it may conduct automated searches using the Prüm II framework for the following purposes only: (a) searching for missing persons in the context of criminal investigations or on humanitarian grounds;
(b) identifying human remains.
Data protection
Prior to connecting their national databases to the router or European Police Record Index System (EPRIS), Member States should conduct a data protection impact assessment.
Member States and Europol should ensure the accuracy and relevance of personal data which are processed pursuant to this Regulation. Where a Member State or Europol becomes aware of the fact that data which have been supplied are incorrect or no longer up to date or should not have been supplied, it should notify the Member State which received the data or Europol, as appropriate, without undue delay. All Member States concerned or Europol, as the case may be, should correct or delete the data accordingly without undue delay.
Three years following the start of operations of the router and EPRIS and every four years thereafter, the Commission should produce an evaluation report that includes an assessment of the application of this Regulation by the Member States and Europol, in particular of their compliance with the relevant data protection safeguards.
The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Paulo RANGEL (EPP, PT) on the proposal for a regulation of the European Parliament and of the Council on automated data exchange for police cooperation (“Prüm II”), amending Council Decisions 2008/615/JHA and 2008/616/JHA and Regulations (EU) 2018/1726, 2019/817 and 2019/818 of the European Parliament and of the Council.
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:
Subject matter
Members stressed that the Regulation should establish a framework for the exchange of information between Member States’ competent law enforcement authorities (Prüm II). Its purpose should be to step up cross-border cooperation particularly in combating terrorism and cross-border crime, by facilitating the exchange of information between Member States’ competent law enforcement authorities, in full respect for the fundamental rights of natural persons, including the right to respect for one’s private life, and for the protection of personal data, in accordance with the Charter of Fundamental Rights of the European Union.
The purpose of Prüm II should also be to allow for the search for missing persons and the identification of unidentified human remains by Member States’ competent law enforcement authorities in the context of a criminal investigation, provided that those authorities are empowered to conduct such searches and to carry out such identification under national law.
Establishment of national DNA analysis files
A new article has been included stating that the Commission should adopt an implementing act to specify the identification characteristics of a DNA profile which is to be exchanged and the minimum requirements for a match, taking into account international and European standards.
Automated searching of DNA profiles
For the investigation of criminal offences, Member States should allow national contact points of other Member States and Europol access to the DNA reference data in their DNA databases established for that purpose in order to conduct automated searches of the DNA profiles in those databases and to compare those DNA profiles with their DNA profiles.
The national contact point of the requesting Member State should ensure that a human review by a forensic expert is conducted in order to confirm a match of DNA profile data with DNA reference data held by the requested Member State following the automated supply of the DNA reference data required for confirming a match.
Automated searching of dactyloscopic data
Members considered that searches should only be conducted in individual cases, where they are proportionate and necessary for the purposes of preventing, detecting or investigating a criminal offence, and in compliance with the national law of the requesting Member State.
The national contact point of the requesting Member State should ensure that a human review by a forensic expert is conducted in order to confirm a match of dactyloscopic data with dactyloscopic reference data held by the requested Member State following the automated supply of the dactyloscopic reference data required for confirming a match.
National Police records indexes
Member States may decide to participate in the automated exchange of police records indexes. For the purposes of such exchanges, participating Member States should ensure the availability of national police records indexes which contain sets of biographical data of persons convicted or suspected of having committed a serious criminal offence from their national databases established for the investigation of criminal offences
National contact points
Member States should ensure that their national contact points are provided with adequate human, technical and financial resources, including qualified staff, to carry out their tasks under this Regulation in an adequate, effective and rapid manner.
Exchange of core data
Core data has been clarified in the amended text to include additional data such as: (i) alias or aliases and previously used name or names; (ii) the date on which and the place where the biometric data were acquired; (iii) the criminal offence for which the biometric data were acquired; (iv) the criminal case number and the competent law enforcement authority responsible for the criminal case.
The release of such data by the requested Member State should be subject to the decision of a human.
Data protection
Prior to connecting their national databases to the router, EPRIS or Eucaris, the report suggested that Member States should conduct a data protection impact assessment.
PURPOSE: to establish a framework for the exchange of information between authorities responsible for the prevention, detection and investigation of criminal offences (Prüm II).
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: criminality across Europe undermines EU citizens’ security and well-being. Law enforcement authorities need robust and performant tools to fight crime effectively. Cooperation and information sharing are the most powerful means to combat crime and pursue justice. In 2021, more than 70% of organised crime groups were found to be present in more than three Member States.
Against this background, the Prüm Decisions (Council Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime and Council Decision 2008/616/JHA on the implementation of Decision 2008/615/JHA), adopted in 2008, contribute to cross-border cooperation between EU Member States in the fields of justice and home affairs. They provide a mechanism for the exchange of information between authorities responsible for the prevention and investigation of criminal and terrorist offences.
In 2018, the Council underlined the importance of Prüm’s main features: the automated searching and comparison of DNA profiles, dactyloscopic data and vehicle registration data for tackling terrorism and cross-border crime. The Council also invited the Commission to consider revising the Decisions with a view to broadening their scope and to updating the necessary technical and legal requirements, notably to facilitate connections between Member States and speed up the exchange of data between them.
CONTENT: this proposal seeks to reinforce the exchange of information between Member States and therefore provide EU law enforcement authorities with enhanced tools to fight crime and terrorism. Its main aim is to improve, streamline and facilitate the exchange of criminal information between Member States’ law enforcement authorities, but also with the European Union Agency for Law Enforcement Cooperation established by Regulation (EU) No 2016/794 of the European Parliament and of the Council (Europol) as the Union criminal information hub.
Purpose
The purpose of Prüm II is twofold:
- to step up cross-border cooperation in matters, particularly the exchange of information between authorities responsible for the prevention, detection and investigation of criminal offences;
- to allow for the search for missing persons and unidentified human remains by authorities responsible for the prevention, detection and investigation of criminal offences.
Scope
The proposal applies to the national databases used for the automated transfer of the categories of DNA profiles, dactyloscopic data, facial images, police records and certain vehicle registration data.
Objective
The proposed initiative seeks to achieve the following objectives:
(1) provide a technical solution for efficient automated exchange of data between EU law enforcement authorities to make them aware of relevant data that is available in the national database of another Member State;
(2) ensure that more relevant data (namely facial images and police records) from national databases in other Member States is available to all competent EU law enforcement authorities;
(3) ensure that relevant data from Europol’s database is available to national law enforcement authorities and that Europol uses its data to its full potential;
(4) provide law enforcement authorities with efficient access to the actual data corresponding to a ‘hit’ that is available in the national database of another Member State or at Europol.
New (technical) architecture for the exchange of data
The proposal envisages the creation of central routers (the Prüm II router and the European Police Records Index System (EPRIS)) that would each act as a connecting point between Member States. This is a hybrid approach between a decentralised and centralised solution without any data storage at central level. It will imply that national databases in each Member State will all connect to the central router instead of connecting to one another. This approach would ensure that law enforcement authorities have fast and controlled access to the information that they need to perform their tasks, in line with their access rights.
Third country-sourced data
In an open society in a globalised world, data provided by third countries on criminals and terrorists is crucial. The proposal contains provisions on the access by Member States to third country-sourced biometric data stored by Europol and on the access by Europol to data stored in Member States’ databases.
Budgetary implications
This proposal would have an impact on the budget and staff needs of eu-LISA and Europol.
For eu-LISA, it is estimated that an additional budget of around EUR 16 million and around 10 additional posts would be needed for the overall MFF period. For Europol, it is estimated that an additional budget of around EUR 7 million and around 5 additional posts would be needed for the overall MFF period.
Documents
- Draft final act: 00075/2023/LEX
- Decision by Parliament, 1st reading: T9-0073/2024
- Debate in Parliament: Debate in Parliament
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations: GEDA/A/(2023)006782
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2023)006782
- Committee report tabled for plenary, 1st reading: A9-0200/2023
- Amendments tabled in committee: PE737.534
- Amendments tabled in committee: PE737.535
- Committee draft report: PE736.469
- Economic and Social Committee: opinion, report: CES0264/2022
- Document attached to the procedure: OJ C 225 09.06.2022, p. 0006
- Document attached to the procedure: N9-0027/2022
- Document attached to the procedure: SEC(2021)0421
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2021)0378
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2021)0379
- Legislative proposal published: COM(2021)0784
- Legislative proposal published: EUR-Lex
- Document attached to the procedure: SEC(2021)0421
- Document attached to the procedure: EUR-Lex SWD(2021)0378
- Document attached to the procedure: EUR-Lex SWD(2021)0379
- Document attached to the procedure: OJ C 225 09.06.2022, p. 0006 N9-0027/2022
- Economic and Social Committee: opinion, report: CES0264/2022
- Committee draft report: PE736.469
- Amendments tabled in committee: PE737.534
- Amendments tabled in committee: PE737.535
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2023)006782
- Draft final act: 00075/2023/LEX
Activities
- Caterina CHINNICI
Plenary Speeches (0)
- Heidi HAUTALA
Plenary Speeches (0)
- Fabienne KELLER
Plenary Speeches (0)
- Juan Fernando LÓPEZ AGUILAR
Plenary Speeches (0)
- Lukas MANDL
Plenary Speeches (0)
- Stanislav POLČÁK
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- Paul TANG
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- Waldemar TOMASZEWSKI
Plenary Speeches (0)
- Clare DALY
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- Gwendoline DELBOS-CORFIELD
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- Lefteris NIKOLAOU-ALAVANOS
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- Hermann TERTSCH
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- Karin KARLSBRO
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- Tomislav SOKOL
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- Sunčana GLAVAK
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- Marc ANGEL
Plenary Speeches (0)
- Patricia CHAGNON
Plenary Speeches (0)
History
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