2021/0411(COD) Law enforcement information exchange
Lead committee dossier:
Progress: Procedure completed
| Role | Committee | Rapporteur | Shadows |
|---|---|---|---|
| Lead | LIBE |
DÜPONT Lena ( EPP)
|
VITANOV Petar ( S&D),
KELLER Fabienne ( Renew),
RIBA I GINER Diana ( Verts/ALE),
VANDENDRIESSCHE Tom ( ID),
KANKO Assita ( ECR),
DALY Clare ( GUE/NGL)
|
| Committee Opinion | BUDG | ||
| Committee Opinion | CONT |
CHINNICI Caterina ( S&D)
|
Sophia IN 'T VELD ( RE),
Petri SARVAMAA ( PPE)
|
Lead committee dossier:
Legal Basis:
TFEU 087-p2
Legal Basis:
TFEU 087-p2Subjects
Events
2023/05/22
Final act published in Official Journal
Details
PURPOSE: to make it easier for national law enforcement authorities to exchange information and fight crime more effectively.
LEGISLATIVE ACT: Directive (EU) 2023/977 of the European Parliament and of the Council on the exchange of information between the law enforcement authorities of Member States and repealing Council Framework Decision 2006/960/JHA.
CONTENT: the Directive lays down harmonised rules for the adequate and rapid exchange of information between competent law enforcement authorities of the Member States where this is necessary and proportionate for the purpose of the prevention, detection or investigation of criminal offences.
Equivalent access to information
All exchanges of information under this Directive should be subject to five general principles , namely the principles of availability, equivalent access, confidentiality, data ownership and data reliability.
This Directive thus establishes the principle that foreign police services should be able to access information on criminal offences available in another country under the same conditions as the law enforcement authorities of the country in question.
Single contact points
Member States will have a single point of contact (SPOC), which will be operational 24/7 , for information exchanges with other EU countries. Each Member State should submit to the Commission a list of its designated law enforcement authorities.
The Directive provides for the possibility for Member States to obtain information by sending an information request to the single contact point of other Member States.
Member States will ensure that where their designated law enforcement authorities submit a request for information to the single point of contact of another Member State, at the same time, they send a copy of that request to their single point of contact.
Member States may permit their designated law enforcement authorities not to send, on a case-by-case basis, a copy of a request for information to their single point of contact at the same time as submitting it to the single point of contact of another Member State where it would jeopardise one or more of the following: (a) an ongoing highly sensitive investigation for which the processing of information requires an appropriate level of confidentiality; (b) terrorism cases not involving emergency or crisis management situations; (c) the safety of an individual.
Any request for information submitted to the single contact point of another Member State will specify whether it is of an urgent nature and, if so, the reasons for the urgency.
Provision of information pursuant to requests to Single Points of Contact
The Directive lays down time limits for making information available to the police authorities of another country. The time limits are as follows: (i) eight hours for urgent requests for directly accessible information; (ii) three calendar days for urgent requests for indirectly accessible information; (c) seven calendar days for all other requests.
Member States will ensure that their single contact point communicates the requested information to the single contact point or, where appropriate, to the designated law enforcement authority of the requesting Member State, in the language in which the request for information was submitted. Member States will be required to establish and maintain a list of one or more of the languages in which their single contact point is able to exchange information. This list will include English.
In exceptional cases, a Member State may refuse a request for information submitted to its single contact point. Member States will always check that requests submitted to them under the Directive comply with the principles of necessity and proportionality, and will refuse requests that they consider non-compliant.
Other exchanges of information
The Directive provides for two other means of exchanging information, in addition to requests for information submitted to the single contact points. The first is the unsolicited provision of information by a single contact point or competent law enforcement authority to the single contact point or competent law enforcement authority of another Member State without prior request, i.e. the provision of information on its own initiative. The second is the provision of information following a request for information submitted either by a single contact point or by a competent law enforcement authority directly to the competent law enforcement authority of another Member State.
Streamlined communication channels
The new EU law will also remedy the current proliferation of communication channels used for law enforcement information exchanges between Member States. The relevant authorities will be obliged to use Europol’s secure information exchange network application (SIENA) – a platform which enables the swift and user-friendly exchange of operational and strategic crime-related information.
ENTRY INTO FORCE: 11.6.2023.
TRANSPOSITION: 12.12.2024.
2023/05/10
CSL - Draft final act
Documents
2023/05/10
CSL - Final act signed
2023/04/26
EC - Commission response to text adopted in plenary
Documents
2023/04/24
EP/CSL - Act adopted by Council after Parliament's 1st reading
2023/03/15
EP - Results of vote in Parliament
Documents
2023/03/15
EP - Decision by Parliament, 1st reading
Details
The European Parliament adopted by 507 votes to 99, with 10 abstentions, a legislative resolution on the proposal for a directive of the European Parliament and of the Council on Information exchange between law enforcement authorities of Member States, repealing Council Framework Decision 2006/960/JHA.
The European Parliament’s position adopted at first reading following the ordinary legislative procedure amended the Commission proposal as follows:
Subject matter
This Directive establishes harmonised rules for the adequate and rapid exchange of information between the competent law enforcement authorities for the purpose of preventing, detecting or investigating criminal offences.
In particular, this Directive establishes rules on requests for information submitted to the Single Points of Contact established or designated by the Member States, in particular on the content of such requests, the provision of information pursuant to such requests, the working languages of the Single Points of Contact, mandatory time limits for providing requested information and the reasons for the refusal of such requests.
Member States may adopt or maintain provisions further facilitating the exchange of information with the competent law enforcement authorities of other Member States for the purpose of preventing, detecting or investigating criminal offences, including by means of bilateral or multilateral arrangements.
All exchanges of information under this Directive should be subject to five general principles , namely the principles of availability, equivalent access, confidentiality, data ownership and data reliability.
This Directive does not establish any right to use the information provided in accordance with this Directive as evidence in judicial proceedings. The Member State providing the information may consent to its use as evidence in judicial proceedings.
Activities concerning national security do not fall within the scope of this Directive.
Requests for information to Single Point of Contact
The Directive provides for the possibility for Member States to obtain information by sending a request for information to the Single Point of Contact of other Member States. Member States should ensure that requests for information submitted by their Single Point of Contact and, where their national law so provides, the designated law enforcement authorities to the Single Point of Contact of another Member State comply with the requirements. Member States should submit to the Commission a list of their designated law enforcement authorities. They should inform the Commission where there are changes to that list. The Commission should publish online a compilation of those lists and keep it up to date.
Member States may permit their designated law enforcement authorities not to send, on a case-by-case basis, a copy of a request for information to their Single Point of Contact at the same time as submitting it to the Single Point of Contact of another Member State where it would jeopardise one or more of the following:
(a) an ongoing highly sensitive investigation for which the processing of information requires an appropriate level of confidentiality;
(b) terrorism cases not involving emergency or crisis management situations;
(c) the safety of an individual.
Any request for information submitted to the Single Point of Contact of another Member State should state whether it is urgent and, if so, gives reasons for the urgency. Such requests for information should be considered urgent if:
(a) they are essential for the prevention of an immediate and serious threat to the public security of a Member State;
(b) they are necessary in order to prevent an imminent threat to life or the physical integrity of a person;
(c) they are necessary to adopt a decision that might involve the maintenance of restrictive measures amounting to a deprivation of liberty;
(d) they present an imminent risk of losing relevance if not provided urgently and is considered important for the prevention, detection or investigation of criminal offences.
Time limits
Member States should ensure that their Single Point of Contact provides the requested information requested as soon as possible and in any event within the following time limits, as applicable: (a) eight hours in the case of urgent requests relating to directly accessible information; (b) three calendar days in the case of urgent requests relating to indirectly accessible information; (c) seven calendar days in the case of all other requests.
Refusal of requests for information
In exceptional cases, Member State may refuse a request for information submitted to its Single Point of Contact. To ensure the effective functioning of the system created by this Directive in full compliance with the rule of law, those cases should be specified exhaustively and interpreted restrictively. However, the rules set out in this Directive place a strong emphasis on the principles of necessity and proportionality, thereby providing safeguards against any misuse of requests for information, including where it would entail manifest breaches of fundamental rights.
List of languages
Member States should establish and maintain a list of one or more of the languages in which their single contact point is able to exchange information. This list should include English.
Secure communication channel
Member States should ensure that their Single Point of Contact or their competent law enforcement authorities use Europol’s Secure Information Exchange Network Application (SIENA) to send requests for information, to provide information pursuant to such requests or to provide information on its or their own initiative. They should ensure that their Single Point of Contact, and all their competent law enforcement authorities that might be involved in the exchange of information under this Directive, are directly connected to SIENA, including, where appropriate, through mobile devices.
Documents
2023/01/11
EP - Approval in committee of the text agreed at 1st reading interinstitutional negotiations
Documents
2022/12/07
CSL - Coreper letter confirming interinstitutional agreement
Documents
2022/10/19
EP - Committee decision to enter into interinstitutional negotiations confirmed by plenary (Rule 71)
2022/10/17
EP - Committee decision to enter into interinstitutional negotiations announced in plenary (Rule 71)
2022/10/13
EP - Committee report tabled for plenary, 1st reading
Details
The Committee on Civil Liberties, Justice and Home Affairs adopted the report by Lena DÜPONT (EPP, DE) on the proposal for a directive of the European Parliament and of the Council on Information exchange between law enforcement authorities of Member States, repealing Council Framework Decision 2006/960/JHA.
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 proposed that this Directive should establish harmonised rules for the adequate and rapid exchange of information between the competent law enforcement authorities of the Member States where necessary and proportionate for the purpose of preventing, detecting or investigating criminal offences.
Requests for information to the Single Point of Contact
Where a Member State has provided in national law that, in addition to its Single Point of Contact, its competent law enforcement authorities may also submit requests for information directly to the Single Points of Contact of other Member States, it should send the Commission a list of competent law enforcement authorities .
Time limits
Members considered that to ensure a rapid exchange of information , it is justified to set harmonised time limits. The amended text divides the time limits into five categories, taking into account the urgency of the request, the type of crime, the level of availability (direct or indirect access), and the need to request judicial authorisation. Priority should be given to urgent requests relating to information concerning a serious crime, which can be directly accessed by the requested Single Point of Contact/authority ( eight hours ), while ten days should apply to all non-urgent requests that require judicial authorisation.
Refusals of requests for information
Member States should ensure that their Single Point of Contact only refuses to provide information if it has been found to be outdated, inaccurate, not specific, harmful to the vital interests or the physical integrity of a natural or legal person or be used for politically motivated purposes or for manifest breaches of fundamental rights.
Secure communication channel
The amended text stipulated that Members States should ensure that requested information is only sent through the Secure Information Exchange Network Application of Europol (SIENA). They should also ensure that their Single Point of Contact, as well as all their competent law enforcement authorities that may be involved in the exchange of information under this Directive, are directly connected to SIENA, including, where appropriate, from mobile devices to facilitate the exchange of information between frontline-officers, especially in border regions.
Cooperation between Single Points of Contact
Member States should encourage practical cooperation between their Single Point of Contact and competent law enforcement authorities for the purposes of this Directive. The Commission should organise regular meetings between the Single Points of Contact, at least once a year, to support the sharing of best practice related to the exchange of information between law enforcement authorities.
Reporting and transposition
Members proposed shortening the reporting periods to two years for the assessment of the Directive’s implementation and four years for the report in its effectiveness and on its impact on law enforcement cooperation and the protection of personal data.
As regards its transposition, this has been reduced from two years to one year.
Documents
2022/10/10
EP - Vote in committee, 1st reading
2022/10/10
EP - Committee decision to open interinstitutional negotiations with report adopted in committee
2022/07/14
EP - Amendments tabled in committee
Documents
2022/07/14
EP - Committee opinion
Documents
2022/06/07
EP - Committee draft report
Documents
2022/05/18
ESC - Economic and Social Committee: opinion, report
Documents
2022/03/31
EP - DÜPONT Lena (EPP) appointed as rapporteur in LIBE
2022/03/07
EDPS - Document attached to the procedure
Documents
2022/02/21
EP - CHINNICI Caterina (S&D) appointed as rapporteur in CONT
2022/01/27
EP - Committee referral announced in Parliament, 1st reading
2021/12/09
EC - Document attached to the procedure
Documents
2021/12/09
EC - Document attached to the procedure
Documents
2021/12/09
EC - Document attached to the procedure
Documents
2021/12/09
EC - Legislative proposal published
Details
PURPOSE: to legislate on organisational and procedural aspects of information exchange between law enforcement authorities in the EU with a view to contributing to the effective and efficient exchange of such information, hence protecting a fully functioning and resilient Schengen area.
PROPOSED ACT: Directive 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 Schengen area is the largest free travel area in the world. It allows more than 420 million people to move freely and goods and services to flow unhindered. By removing border controls between Member States, the Schengen area has become part of our European way of life. However, the growing mobility of people within the EU also creates additional challenges in preventing and fighting criminal threats, and in ensuring public safety.
In an area without internal border controls, police officers in one Member State should have, within the framework of the applicable Union and national law, the possibility to obtain equivalent access to the information available to their colleagues in another Member State. In this regard, law enforcement authorities should cooperate effectively and by default across the Union .
The existing legal framework on the exchange of information between law enforcement authorities of Member States (the Convention Implementing the Schengen Agreement and Framework Decision 2006/960/JHA ) should be updated and replaced, so as to facilitate and ensure, through the establishment of clear and harmonised rules , the adequate and rapid exchange of information between the competent law enforcement authorities of different Member States.
This proposal forms part of a coherent package also comprising a proposal for a Council Recommendation reinforcing operational cross-border police cooperation, a proposal for a Regulation revising the Automated Data Exchange Mechanism for Police Cooperation (Prüm II) as well as a proposal amending the Schengen Borders Code.
CONTENT: the proposed Directive establishes rules for the exchange of information between the law enforcement authorities of the Member States where necessary for the purpose of preventing, detecting or investigating criminal offences. Information exchange will ensure police officers make relevant information available to their counterparts in other Member States. The proposal includes:
Precise, consistent and common rules to ensure equivalent access to information
The proposal states that if information is available concerning a criminal offence in a Member State, it must, as a general rule, be made available to other Member States' law enforcement authorities as well, under the same conditions.
Single contact point and clear time limits
Member States should put in place a ‘Single Point of Contact’, operational 24/7, adequately staffed and acting as a ‘one-stop shop’ for information exchange with other EU countries. The information requested should be made available within 8 hours (for urgent cases), up to maximum 7 days (in other cases). Requests can only be refused in well-defined cases, for instance if the information would jeopardise the success of an ongoing investigation, harm the vital interest of a person, go against the essential interests of the security of the Member State or if the required judicial authorisation is refused.
Single channel for information exchange
The proliferation of communication channels used for the transmission of law enforcement information between Member States and of communications relating thereto should be remedied, as it hinders the adequate and rapid exchange of such information.
In this regard, the Secure Information Exchange Network Application (SIENA), managed by Europol, will become the default channel of communication. All relevant authorities and single points of contact should use and be directly connected to SIENA for all exchanges of information and related communications covered by the Directive.
Reinforcing Europol’s role as the EU criminal information hub
The proposal seeks to guarantee a stronger role for Europol as the EU criminal information hub.
Europol should be in copy of exchanges from single points of contact or law enforcement authorities concerning offences falling under the scope of its mandate.
Budgetary implications
The necessary IT upgrades in both Single Points of Contact and Police and Customs Cooperation Centres were estimated to amount to a maximum one-off total of EUR 11.5 million. These costs (one-off investment) are deemed acceptable and proportionate to the identified problem and do not go beyond what is necessary to achieve the specific objectives set out by this proposal for a Directive. Apart from the costs potentially covered by Member States’ programmes under the Internal Security Fund, there will be no other costs borne at EU level.
Documents
Documents
- Final act published in Official Journal: Directive 2023/977
- Final act published in Official Journal: OJ L 134 22.05.2023, p. 0001
- Draft final act: 00070/2022/LEX
- Commission response to text adopted in plenary: SP(2023)193
- Results of vote in Parliament: Results of vote in Parliament
- Decision by Parliament, 1st reading: T9-0074/2023
- Approval in committee of the text agreed at 1st reading interinstitutional negotiations: GEDA/A/(2022)007532
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2022)007532
- Committee report tabled for plenary, 1st reading: A9-0247/2022
- Amendments tabled in committee: PE735.476
- Committee opinion: PE732.691
- Committee draft report: PE732.767
- Economic and Social Committee: opinion, report: CES0264/2022
- Document attached to the procedure: OJ C 154 08.04.2022, p. 0007
- Document attached to the procedure: N9-0016/2022
- Document attached to the procedure: SEC(2021)0420
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2021)0374
- Document attached to the procedure: EUR-Lex
- Document attached to the procedure: SWD(2021)0377
- Legislative proposal published: COM(2021)0782
- Legislative proposal published: EUR-Lex
- Document attached to the procedure: SEC(2021)0420
- Document attached to the procedure: EUR-Lex SWD(2021)0374
- Document attached to the procedure: EUR-Lex SWD(2021)0377
- Document attached to the procedure: OJ C 154 08.04.2022, p. 0007 N9-0016/2022
- Economic and Social Committee: opinion, report: CES0264/2022
- Committee draft report: PE732.767
- Amendments tabled in committee: PE735.476
- Committee opinion: PE732.691
- Coreper letter confirming interinstitutional agreement: GEDA/A/(2022)007532
- Commission response to text adopted in plenary: SP(2023)193
- Draft final act: 00070/2022/LEX
Votes
Échange d'informations entre services répressifs - Law enforcement information exchange - Informationsaustausch im Bereich der Strafverfolgung - A9-0247/2022 - Lena Düpont - Accord provisoire - Am 138 #
2023/03/15 Outcome: +: 507, -: 99, 0: 10
NI
The Left| Amendments | Dossier |
| 214 |
2021/0411(COD)
2022/06/23
CONT
18 amendments...
Amendment 25 #
Proposal for a directive Recital 1 (1) Transnational threats involving criminal activities call for a coordinated, targeted and adapted response. While national authorities operating on the ground are on the frontline in the fight against organised crime and terrorism, action at Union level is paramount to ensure efficient and effective cooperation, including as regards the exchange of information. In that respect it is vital that the Member States are instructed to make more effective and regular use of the European Union's blacklist and to share information in a transparent manner in order to protect the Union's financial interests and budgetary resources more effectively against fraud. Furthermore, organised crime and terrorism, in particular, are emblematic of the link between internal and external security. Those threats spread across borders and manifest themselves in organised crime and terrorist groups that engage in a wide range of criminal activities.
Amendment 26 #
Proposal for a directive Recital 2 (2) In an area without internal border controls, police officers in one Member State should have, within the framework of
Amendment 27 #
Proposal for a directive Recital 11 (11) Whilst the Single Points of Contact of each Member State should in any event have the possibility to submit requests for information to the Single Point of Contact of another Member State, in the interest of flexibility, Member States should be allowed to decide that, in addition, their law enforcement authorities may also submit such requests in accordance with the procedure laid down in a specific national legal framework. In order for Single Points of Contact to be able to perform their coordinating functions under this Directive, it is however necessary that, where a Member State takes such a decision, its Single Point of Contact is made aware of all such outgoing requests, as well as of any communications relating
Amendment 28 #
Proposal for a directive Recital 16 (16) It is particularly important that the protection of personal data, in accordance with Union law, is ensured in connection to all exchanges of information under this Directive. To that aim, the rules of this Directive should be aligned with Directive (EU) 2016/680 of the European Parliament and of the Council60 . In particular, it should be specified that any personal data exchanged by Single Points of Contacts and law enforcement authorities is to remain limited to the categories of data listed in Section B point 2, of Annex II to Regulation (EU) 2016/794 of the European Parliament and of the Council61 . Furthermore, as far as possible, any such personal data should be distinguished according to their degree of accuracy and reliability, whereby facts should be distinguished from personal assessments, in order to ensure both the protection of individuals and the quality and reliability of the information exchanged. If it appears that the personal data are incorrect, they should be rectified or erased without delay. Such rectification or erasure, as well as any other processing of personal data in connection to the activities under this Directive, should be carried out in compliance with the applicable rules of Union law, in particular Directive (EU) 2016/680
Amendment 29 #
Proposal for a directive Recital 18 (18) The further development of the European Union Agency for Law Enforcement Cooperation (Europol) as the Union’s criminal information hub is a priority. That is why, when information or any related communications are exchanged, irrespective of whether that is done pursuant to a request for information submitted to a Single Point of Contact or law enforcement authority, or on their own-imitative, a copy should be sent to Europol, however only insofar as it concerns offences falling within the scope of the objectives of Europol. In practice, this
Amendment 30 #
Proposal for a directive Recital 19 (19) The proliferation of communication channels used for the transmission of law enforcement information between Member States and of communications relating thereto should be remedied, as it hinders the adequate and rapid exchange of such information. Therefore, it is justified to make the use of the secure information exchange network application called SIENA, managed by Europol in accordance with Regulation (EU) 2016/794,
Amendment 31 #
Proposal for a directive Recital 20 (20) In order to simplify, facilitate and better manage information flows, Member States should each establish or designate one Single Point of Contact competent for coordinating information exchanges under this Directive. The Single Points of Contact should, in particular, contribute to mitigating the fragmentation of the law enforcement authorities' landscape, specifically in relation to information flows, in response to the growing need to jointly tackle cross-border crime, such as drug trafficking and terrorism. For the Single Points of Contact to be able to effectively fulfil their coordinating functions in respect of the cross-border exchange of information for law enforcement purposes under this Directive, they should be assigned a number of specific, minimum tasks and also have
Amendment 32 #
Proposal for a directive Article 2 – paragraph 1 – point 6 (6) ‘personal data’ means personal data as defined in Article
Amendment 33 #
Proposal for a directive Article 4 – paragraph 1 – introductory part Amendment 34 #
Proposal for a directive Article 4 – paragraph 1 – subparagraph 1 Where a Member State has
Amendment 35 #
Proposal for a directive Article 5 – paragraph 1 – point c (c)
Amendment 36 #
Proposal for a directive Article -9 (new) Article -9 Information exchange and procedures under Article 7 of the Treaty on European Union Authorities of a Member State which is subject to a procedure referred to in Article 7(1) or 7(2) of the Treaty on European Union wishing to request information from another Member State via the Single Point of Contact shall submit their requests to Europol for assessment before it can be addressed to the Single Point of Contact of the other Member State.
Amendment 37 #
Proposal for a directive Article 13 – paragraph 1 1. Member States shall ensure that, where their Single Point of Contact or their law enforcement authorities send requests for information, provide information pursuant to such requests, provide information on their own initiative or send other communications relating thereto under Chapters II and III or under Article 12, they do so only through SIENA.
Amendment 38 #
Proposal for a directive Article 14 – paragraph 3 – point c (c) their Single Point of Contact is provided with the staff,
Amendment 39 #
Proposal for a directive Article 17 – paragraph 1 1. Member States shall provide the Commission with statistics on the exchanges of information with other Member States under this Directive, by 1 March of each year. The statistics as submitted by the Member States shall be made available to the European Parliament.
Amendment 40 #
Proposal for a directive Article 17 – paragraph 2 a (new) 2 a. The Commission shall compile the statistics and use them for the reporting obligation laid down in Article 18. The compiled statistics shall be made available to the European Parliament.
Amendment 41 #
Proposal for a directive Article 18 – paragraph 1 1. The Commission shall, by [date of entry into force + 3 years], submit a report to the European Parliament and to the Council, assessing the implementation of this Directive. The report shall contain detailed information on the implementation of this Directive per Member State.
Amendment 42 #
Proposal for a directive Article 18 – paragraph 2 2. The Commission shall, by [date of entry into force + 5 years], submit a report to the European Parliament and to the Council assessing the effectivity and effectiveness of this Directive. The Commission shall take into account the information provided by Member States and any other relevant information related to the transposition and implementation of
source: 734.193
2022/07/14
LIBE
196 amendments...
Amendment 119 #
Proposal for a directive Recital 1 (1) Transnational threats involving criminal activities pose a significant threat to the internal security of the Union and call for a coordinated, targeted and adapted response. While national authorities operating on the ground are on the frontline in the fight against serious and organised crime and terrorism, action at Union level is paramount to ensure efficient and effective cooperation, including as regards the exchange of information. Furthermore, serious and organised crime and terrorism, in particular, are emblematic of the link between internal and external security. Those threats spread across borders and manifest themselves in organised crime and terrorist groups that engage in a wide range of
Amendment 120 #
Proposal for a directive Recital 1 a (new) Amendment 121 #
Proposal for a directive Recital 2 (2) In an area without internal border controls, police officers and other competent law enforcement staff in one Member State should have, within the framework of the applicable Union and national law, the possibility to obtain equivalent access to the information available to their colleagues in another Member State. In this regard, law enforcement authorities should cooperate effectively and by default across the Union. Therefore, an essential component of the measures that underpin public security in an interdependent area without internal border controls is police cooperation on the exchange of relevant information for
Amendment 122 #
Proposal for a directive Recital 2 (2)
Amendment 123 #
(2) In an area without internal border controls, police officers in one Member State should have, within the framework of the applicable Union and national law, the possibility to obtain equivalent access to the information available to their colleagues in another Member State. In this regard, law enforcement authorities should cooperate effectively and by default across the Union. Therefore, an essential component of the measures that underpin public security in an interdependent area without internal border controls is police cooperation on the exchange of relevant information for law enforcement purposes. Exchange of information on serious crime and criminal activities, including terrorism, serves the overall objective of protecting the security of natural persons.
Amendment 124 #
Proposal for a directive Recital 3 (3) Exchange of information between Member States for the purposes of preventing and detecting serious criminal offences is regulated by the Convention Implementing the Schengen Agreement of 14 June 198547 , adopted on 19 June 1990, notably in its Articles 39 and 46. Council Framework Decision 2006/960/JHA48 partially replaced those provisions and introduced new rules for the exchange of information and intelligence between Member States' law enforcement authorities.
Amendment 125 #
Proposal for a directive Recital 5 (5) Therefore, the existing legal framework consisting of the relevant provisions of the Convention Implementing the Schengen Agreement and Framework Decision 2006/960/JHA should be updated and replaced, so as to facilitate and ensure, through the establishment of clear and harmonised rules, the adequate and rapid exchange of information between the competent law enforcement authorities of different Member States to adapt to a rapidly changing and expanding organised crime landscape, in the context of the globalisation and the digitalisation of the society.
Amendment 126 #
Proposal for a directive Recital 5 a (new) (5 a) Organised criminal groups are involved in cross- border crimes thus swift information exchange and operational cooperation between police forces is paramount in fighting them. For a more efficient outcome, the new set of rules should promote a common EU culture of policing, starting with common tactical and technical training, more effective rules on the ground, exchange programmes and language courses in order to overcome the language barriers in an increasingly diverse Europe.
Amendment 127 #
Proposal for a directive Recital 6 (6) In particular, the discrepancies between the relevant provisions of the Convention Implementing the Schengen Agreement and Framework Decision 2006/960/JHA should be addressed by covering information exchanges for the purpose of preventing, detecting or investigating serious criminal offences, thereby fully superseding, insofar as such exchanges are concerned, Articles 39 and 46 of that Convention and hence providing the necessary legal certainty. In addition, the relevant rules should be simplified and clarified, so as to facilitate their effective
Amendment 128 #
Proposal for a directive Recital 7 (7) It is necessary to lay down harmonised rules governing the cross- cutting aspects of such information exchange between Member States. The rules of this Directive should not affect the application of rules of Union law on specific systems or frameworks for such exchanges, such as under Regulations (EU) 2018/186050 , (EU) 2018/186151 , (EU) 2018/186252 , and (EU) 2016/79453 of the European Parliament and of the Council, Directives (EU) 2016/68154 and 2019/115355 of the European Parliament and of the Council, and Council Decisions 2008/615/JHA56 and 2008/616/JHA57 . _________________ 50 Regulation (EU) 2018/1860 of the
Amendment 129 #
Proposal for a directive Recital 7 (7) It is necessary to lay down rules governing the cross-cutting aspects of such information exchange between Member States. The rules of this Directive should not affect the application of rules of Union law on specific systems or frameworks for such exchanges, such as under Regulations (EU) 2018/186050 , (EU) 2018/186151 , (EU) 20
Amendment 130 #
Proposal for a directive Recital 9 (9) All exchanges of information under this Directive should be subject to three general principles, namely those of availability, equivalent access
Amendment 131 #
Proposal for a directive Recital 9 (9) All exchanges of information under this Directive should be subject to three general principles, namely those of availability, equivalent access and confidentiality. While those principles are without prejudice to the more specific provisions of this Directive, they should guide its interpretation and application where relevant. For example, the principle of availability should be understood as indicating that relevant information available to the Single Point of Contact or the law enforcement authorities of one Member State should also be available, to the largest extent possible, to those of other Member States for the same purposes and if the request is possible in a similar domestic case. However, the principle should not affect the application, where justified, of specific provisions of this Directive restricting the availability of information, such as those on the grounds for refusal of requests for information and judicial authorisation. In addition, pursuant to the principle of equivalent access, the access of the Single Point of Contact and the law enforcement authorities of other Member States to relevant information should be substantially the same as, and thus be neither stricter nor less strict than, the access of those of one and the same Member State, subject to the Directive’s
Amendment 132 #
Proposal for a directive Recital 10 (10) In order to achieve the objective to facilitate and ensure the adequate and rapid exchange of information between Member States, provision should be made for obtaining such information by addressing a request for information to the Single Point of Contact of the other Member State concerned, in accordance with certain clear, simplified and harmonised requirements. Concerning the content of such requests for information, it should in particular be specified, in an exhaustive and sufficiently detailed manner and without prejudice to the need for a case-by- case assessment, when they are to be considered as urgent
Amendment 133 #
Proposal for a directive Recital 10 (10) In order to achieve the objective to facilitate and ensure the adequate and rapid exchange of information between Member
Amendment 134 #
Proposal for a directive Recital 11 (11) Whilst the Single Points of Contact of each Member State should in any event have the possibility to submit requests for information to the Single Point of Contact of another Member State, in the interest of flexibility, Member States should be allowed to decide that, in addition, their law enforcement authorities may also submit such requests, the procedure of which laid down in a specific national legal framework, and communicated to the Commission. The Commission should publish the list of law enforcement authorities able to submit such requests. In order for Single Points of Contact to be able to perform their coordinating functions under this Directive, it is however necessary that, where a Member State takes such a decision, its Single Point of Contact is made aware of all such outgoing requests, as well as of any communications relating thereto, by always being put in copy.
Amendment 135 #
Proposal for a directive Recital 11 (11) Whilst the Single Points of Contact of each Member State should in any event have the possibility to submit requests for information to the Single Point of Contact of another Member State, in the interest of flexibility, Member States should be allowed to decide that, in addition, their law enforcement authorities may also submit such requests. In order for Single Points of Contact to be able to perform their coordinating functions under this Directive, it is however necessary that, where a Member State takes such a decision, its Single Point of Contact is made aware of all such outgoing requests, as well as of any communications relating thereto, by always being put in copy. Meanwhile, the Member States should seek to reduce the duplication of personal data to a strict minimum.
Amendment 136 #
Proposal for a directive Recital 11 (11) Whilst the Single Points of Contact of each Member State should in any event
Amendment 137 #
Proposal for a directive Recital 12 (12)
Amendment 138 #
Proposal for a directive Recital 12 (12) Time limits are necessary to ensure rapid processing of requests for information submitted to a Single Point of Contact or a Member State law enforcement authority. Such time limits should be clear and proportionate and take into account whether the request for information is urgent and whether a prior judicial authorisation is required. In order to ensure compliance with the applicable time limits whilst nonetheless allowing for a degree of flexibility where objectively justified, it is necessary to allow
Amendment 139 #
Proposal for a directive Recital 13 (13) In exceptional cases, it may be objectively justified for a Member State to
Amendment 140 #
Proposal for a directive Recital 14 (14) In order to allow for the necessary flexibility in view of operational needs that may vary in practice, provision should be made for two other means of exchanging information, in addition to requests for information submitted to the Single Points of Contact. The first one is the spontaneous provision of information, that is, on the own initiative of either the Single Point of Contact or the law enforcement authorities without a prior request. The second one is the provision of information upon requests for information submitted either by Single Points of Contact or by law enforcement authorities not to the Single Point of Contact, but rather directly to the law enforcement authorities of another Member State. In respect of both means, only a limited number of minimum requirements should be set, in particular on keeping the relevant Single Points of Contact informed and, as regards own-initiative provision of information, the situations in which information is to be provided and the language to be used.
Amendment 141 #
Proposal for a directive Recital 15 (15) The requirement of a prior judicial authorisation for the provision of information can be an important safeguard and should be respected when provided in national law. The Member States' legal systems are different in this respect and this Directive should not be understood as affecting such requirements established under national law, other than subjecting them to the
Amendment 142 #
Proposal for a directive Recital 15 (15) The requirement of a prior judicial authorisation for the provision of information can be an important safeguard. The Member States' legal systems are different in this respect and this Directive should not be understood as affecting such requirements established under national law, other than subjecting them to the condition that domestic exchanges and exchanges between Member States are treated in an equivalent manner, both on the substance and procedurally. Furthermore, in order to keep any delays and complications relating to the application of such a requirement to a minimum, the Single Point of Contact or the law enforcement authorities, as applicable, of the Member State of the competent judicial authority should take all
Amendment 143 #
Proposal for a directive Recital 16 (16) It is particularly important that the protection of personal data, in accordance with Union law, is ensured in connection to all exchanges of information under this Directive. To that aim, the rules of this Directive should be aligned with Directive (EU) 2016/680 of the European Parliament and of the Council60 . In particular, it should be specified that any personal data exchanged by Single Points of Contacts and law enforcement authorities is to remain limited to the categories of data listed in Section B point 2, of Annex II to Regulation (EU) 2016/794 of the European Parliament and of the Council61 . Furthermore, as far as possible, any such personal data should be distinguished according to their degree of accuracy and reliability, whereby facts should be distinguished from personal assessments, in order to ensure both the protection of individuals and the quality and reliability of the information exchanged. The processing and storage of personal data by Single Points of Contact or law enforcement authorities following a request of information pursuant to this Directive should be as quick as possible to ensure the accuracy and reliability of the personal data, to avoid unnecessary duplication of data and to reduce the risk that such data is outdated or not available to the initial competent authority anymore. If it appears that the personal data are incorrect, they should be rectified or erased without delay. Such rectification or erasure, as well as any other processing of personal data in connection to the activities under this Directive, should be carried out in
Amendment 144 #
Proposal for a directive Recital 16 (16) It is particularly important that the protection of personal data, in accordance with Union law, is ensured in connection to all exchanges of information under this Directive. To that aim, the rules of this Directive should be aligned with Directive (EU) 2016/680 of the European Parliament and of the Council60 . In particular, it should be specified that any personal data exchanged by Single Points of Contacts and law enforcement authorities is to remain limited to the categories of data listed in Section B point 2, of Annex II to Regulation (EU) 2016/794 of the European Parliament and of the Council61 . In line with that Regulation, there should be limitations for the data categories of persons who are not suspects, but witnesses, victims, or who belong to other groups. Furthermore, as far as possible, any such personal data should be distinguished according to their degree of accuracy and reliability, whereby facts should be distinguished from personal assessments, in order to ensure both the protection of individuals and the quality and reliability of the information exchanged. If it appears that the personal data are incorrect, they should be rectified or erased without delay. Such rectification or erasure, as well as any other processing of personal data in connection to the activities under this Directive, should be carried out in compliance with the applicable rules of Union law, in particular Directive (EU) 2016/680 and Regulation (EU) 2016/679 of the European Parliament and of the Council62 , which rules this Directive leaves unaffected.
Amendment 145 #
Proposal for a directive Recital 16 (16) It is particularly important that the protection of personal data, in accordance with Union law, is ensured in connection to all exchanges of information under this Directive. To that aim, the rules of this Directive should be aligned with Directive
Amendment 146 #
Proposal for a directive Recital 16 (16) It is particularly important that the protection of personal data, in accordance with Union law, is ensured in connection to all exchanges of information under this Directive. To that aim, the rules of this Directive should be aligned with Directive (EU) 2016/680 of the European Parliament and of the Council60 . In particular, it should be specified that any personal data exchanged by Single Points of Contacts and law enforcement authorities is to remain limited to the categories of data listed in Section B point 2, of Annex II to Regulation (EU) 2016/794 of the European Parliament and of the Council61 . Furthermore, as far as possible, any such personal data should be distinguished according to their degree of accuracy and reliability, whereby facts should be distinguished from personal assessments, in order to ensure both the protection of
Amendment 147 #
Proposal for a directive Recital 16 (16) It is particularly important that the protection of personal data, in accordance with Union law, is ensured in connection to all exchanges of information under this Directive. To that aim, the rules of this Directive should be aligned with Directive (EU) 2016/680 of the European Parliament and of the Council60 . In particular, it should be specified that any personal data exchanged by Single Points of Contacts and law enforcement authorities is to remain limited to the categories of data listed in Section B point 2, of Annex II to Regulation (EU) 2016/794 of the European Parliament and of the Council61 . Furthermore, as far as possible, any such personal data should be distinguished according to their degree of accuracy and reliability, whereby facts should be distinguished from personal assessments, in order to ensure both the protection of individuals and the quality and reliability of the information exchanged. If it appears that the personal data are incorrect, they should be rectified or erased without delay. Such rectification or erasure, as well as any other processing of personal data in connection to the activities under this Directive, should be carried out in compliance with the applicable rules of Union law, in particular Directive (EU) 2016/680
Amendment 148 #
Proposal for a directive Recital 16 (16) It is particularly important that the protection of personal data, in accordance with Union law, is ensured in connection to all exchanges of information under this Directive. To that aim, the rules of this Directive should be aligned with Directive
Amendment 149 #
Proposal for a directive Recital 16 a (new) (16 a) For the purpose of this Directive, Member States should make sure that their Single Point of Contact and competent law enforcement authorities respect a clear distinction between personal data of different categories pursuant to Article 6 of Regulation (EU) 2016/680 and Annex II of Regulation (EU) 2022/794.
Amendment 150 #
Proposal for a directive Recital 17 (17) In order to allow for adequate and
Amendment 151 #
Proposal for a directive Recital 17 (17) In order to allow for adequate and rapid provision of information by Single Points of Contact, either upon request or on their own initiative, it is important that the relevant officials of the Member States concerned understand each other.
Amendment 152 #
Proposal for a directive Recital 18 Amendment 153 #
Proposal for a directive Recital 18 (18) The further development of the European Union Agency for Law Enforcement Cooperation (Europol) as the Union’s criminal information hub is a priority for supporting the Member States’ law enforcement authorities. That is why, when information or any related communications are exchanged, irrespective of whether that is done pursuant to a request for information submitted to a Single Point of Contact or law enforcement authority, or on their own-imitative, a copy should be sent to Europol, however only insofar as it concerns offences falling within the scope of the objectives of Europol.
Amendment 154 #
Proposal for a directive Recital 18 (18) The further development of the European Union Agency for Law Enforcement Cooperation (Europol) as the Union’s criminal information hub is a priority. That is why, when information or any related communications are exchanged, irrespective of whether that is done pursuant to a request for information submitted to a Single Point of Contact or law enforcement authority, or on their own-imitative, a copy should be sent to Europol, however only insofar as it concerns offences falling within the scope of the objectives of Europol.
Amendment 155 #
Proposal for a directive Recital 18 (18) The further development of the European Union Agency for Law Enforcement Cooperation (Europol) as the Union’s criminal information hub is a priority. That is why, when information or any related communications are exchanged, irrespective of whether that is done pursuant to a request for information submitted to a Single Point of Contact or law enforcement authority, or on their own-imitative, a copy should be sent to Europol, however only insofar as it concerns offences falling within the scope of the objectives of Europol.
Amendment 156 #
Proposal for a directive Recital 18 (18) The further development of the European Union Agency for Law Enforcement Cooperation (Europol) as the Union’s criminal information hub is a priority. That is why, when information or any related communications are exchanged, irrespective of whether that is done pursuant to a request for information submitted to a Single Point of Contact or law enforcement authority, or on their own-imitative, an assessment should be done, on a case-by-case basis, whether a copy should be sent to Europol, however only insofar as it concerns offences falling within the scope of the objectives of Europol. In practice, this can be done through the ticking
Amendment 157 #
Proposal for a directive Recital 18 (18) The further development of the European Union Agency for Law Enforcement Cooperation (Europol) as the Union’s criminal information hub is a priority. That is why, when information or any related communications are exchanged, irrespective of whether that is done pursuant to a request for information submitted to a Single Point of Contact or
Amendment 158 #
Proposal for a directive Recital 19 (19) The proliferation of communication channels used for the transmission of law enforcement information between Member States and of communications relating thereto should be remedied, as it hinders the adequate and rapid exchange of such information and increase the risk towards the security of personal data. Therefore, the use of the secure information exchange network application called SIENA, managed by Europol in accordance with Regulation (EU) 2016/794, should be made mandatory for all such transmissions and communications under this Directive, including the sending of requests for information submitted to Single Points of Contact and directly to law enforcement authorities, the provision of information upon such requests and on their own initiative, communications on refusals and clarifications, as well as copies to Single Points of Contact and Europol. To that aim, all Single Points of Contact, as well as all law enforcement authorities that may be involved in such exchanges, should be directly connected to SIENA. In this regard, a transition period should be provided for
Amendment 159 #
Proposal for a directive Recital 19 (19) The proliferation of communication channels used for the transmission of law enforcement information between Member States and of communications relating thereto should be remedied, as it hinders the adequate and rapid exchange of such information. Therefore, the use of the secure information exchange network application called SIENA, managed by Europol in accordance with Regulation (EU) 2016/794, should be made mandatory for all such transmissions and communications under this Directive, including the sending of requests for information submitted to Single Points of Contact and directly to law enforcement authorities, the provision of information upon such requests and on their own initiative, communications on refusals and clarifications, as well as copies to Single Points of Contact and Europol. To that aim, all Single Points of Contact, as well as all law enforcement authorities that may be involved in such exchanges, should be directly connected to SIENA. In this regard,
Amendment 160 #
Proposal for a directive Recital 19 (19) The proliferation of communication channels used for the transmission of law enforcement information between Member States and of communications relating thereto should be remedied, as it hinders the adequate and rapid exchange of such information. Therefore, the use of the secure information exchange network application called SIENA, managed by Europol in accordance with Regulation (EU) 2016/794, should be made mandatory for all such transmissions and communications under this Directive, including the sending of requests for information submitted to Single Points of Contact and directly to law enforcement authorities, the provision of information upon such requests and on their own initiative, communications on refusals and clarifications, as well as copies to Single Points of Contact
Amendment 161 #
Proposal for a directive Recital 20 (20) In order to simplify, facilitate and better manage information flows, Member States should each establish or designate
Amendment 162 #
Proposal for a directive Recital 20 (20) In order to simplify, facilitate and better manage information flows, Member States should each establish or designate one Single Point of Contact competent for coordinating information exchanges under this Directive. The Single Points of Contact should, in particular, contribute to mitigating the fragmentation of the law enforcement authorities' landscape, specifically in relation to information flows, in response to the growing need to jointly tackle cross-border serious crime, such as drug trafficking and terrorism. For the Single Points of Contact to be able to effectively fulfil their coordinating functions in respect of the cross-border exchange of information for law enforcement purposes under this Directive,
Amendment 163 #
Proposal for a directive Recital 21 (21) Those capabilities of the Single Points of Contact should include having access to all information available within its own Member State, including by having user-friendly access to all relevant Union and international databases and platforms, in accordance with the modalities specified in the applicable Union and national law. In order to be able to meet the requirements of this Directive, especially those on the time limits, the Single Points of Contact should be provided with adequate resources in terms of budget and staff, including adequate translation capabilities, and function around the clock. In that regard, having a front desk that is able to screen, process and channel incoming requests for information may increase their efficiency and effectiveness. Those capabilities should also include having at their disposition, at all times, judicial authorities competent to grant necessary judicial authorisations. In practice, this can be done, for example, by ensuring the physical presence or the functional availability of such judicial authorities, either within the premises of the Single Point of Contact or directly available on call.
Amendment 164 #
Proposal for a directive Recital 22 (22) In order for them to be able to effectively perform their coordinating functions under this Directive, the Single Points of Contact should be composed of representatives of national law enforcement authorities whose involvement is necessary for the adequate and rapid exchange of information under this Directive. While it is for each Member State to decide on the precise organisation and composition needed to meet that requirement, such representatives may include police, customs and other law enforcement authorities competent for preventing, detecting or investigating criminal offences, as well as possible contact points for the regional and bilateral offices, such as liaison officers and attachés seconded or posted in other Member States and relevant Union law enforcement agencies, such as Europol. However, in the interest of effective coordination, at minimum, the Single Points of Contact should be composed of representatives of the Europol national unit, the SIRENE Bureau
Amendment 165 #
(22 a) The emergence of a European common police culture between Member States law enforcement forces is a key objective for the purpose of exchange of information in criminal matters. To this end, adequate training, including in Union law for data protection and foreign languages, and cooperation exercises at regular intervals should be strengthened at the EU level, with the support of the European Union Agency for Law Enforcement Training (CEPOL) as well as programmes and projects funded under the Union budget.
Amendment 166 #
Proposal for a directive Recital 22 b (new) (22 b) Regular meetings between Single Points of Contact, and at least once a year with all of them, should also be established to foster a European common police culture between Member States and share good practices in the field of exchange of information for the purpose of this Directive.
Amendment 167 #
(23) The deployment and operation of an electronic single Case Management System having certain minimum functions and capabilities by the Single Points of Contact is necessary to allow them to carry out their tasks under this Directive in an effective and efficient manner, in particular as regards information
Amendment 168 #
Proposal for a directive Recital 23 (23) The deployment and operation of an electronic single Case Management System having certain minimum functions and capabilities by the Single Points of Contact is necessary to allow them to carry out their tasks under this Directive in an effective and efficient manner, in particular as regards information management. Any personal data processed by the Single Points of Contact are to be contained in the Case Management System only for as long as is necessary and proportionate for the purposes for which the personal data are processed and are subsequently irrevocably deleted.
Amendment 169 #
Proposal for a directive Recital 24 (24) To enable the necessary monitoring and evaluation of the application of this Directive, Member States should be required to collect and annually provide to the Commission certain data. This requirement is necessary, in particular, to remedy the lack of comparable data quantifying relevant information exchanges and also facilitates the reporting obligation of the Commission regarding the implementation and application of this Directive.
Amendment 170 #
Proposal for a directive Recital 25 (25) The cross-border nature of crime and terrorism requires Member States to rely on one another to tackle such criminal offences. Adequate and rapid information flows between relevant law enforcement authorities and to Europol cannot be sufficiently achieved by the Member States acting alone. Due to the scale and effects of the action, this can be better achieved at Union level through the establishment of common rules on the exchange of information and thorough modern tools and communication channels. Thus, the Union may adopt
Amendment 171 #
Proposal for a directive Recital 25 (25) The cross-border nature of crime and terrorism requires Member States to rely on one another to tackle such criminal offences. Adequate and rapid information flows between relevant law enforcement authorities and to Europol cannot be sufficiently achieved by the Member States acting alone. Due to the scale and effects of the action, this can be better achieved at Union level through the establishment of a common culture and rules on the exchange of information. Thus, 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 Directive does not go beyond what is necessary in order to achieve those objectives.
Amendment 172 #
Proposal for a directive Recital 25 (25) The cross-border nature of certain crime and terrorism requires Member States to rely on one another to tackle such criminal offences. Adequate and rapid information flows between relevant law enforcement authorities and to Europol cannot be sufficiently achieved by the Member States acting alone. Due to the scale and effects of the action, this can be better achieved at Union level through the establishment of common rules on the exchange of information. Thus, 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 Directive does not go beyond what is necessary in order to achieve those objectives.
Amendment 173 #
Proposal for a directive Recital 25 (25) The cross-border nature of serious crime and terrorism requires Member States to rely on one another to tackle such criminal offences. Adequate and rapid information flows between relevant law enforcement authorities and to Europol cannot be sufficiently achieved by the Member States acting alone. Due to the scale and effects of the action, this can be better achieved at Union level through the establishment of common rules on the exchange of information. Thus, the Union may adopt
Amendment 174 #
Proposal for a directive Article 1 – paragraph 1 – introductory part 1. This Directive establishes rules for the exchange of information between the competent law enforcement authorities of the Member States, where necessary and proportionate, for the purpose of preventing, detecting or investigating criminal offences.
Amendment 175 #
Proposal for a directive Article 1 – paragraph 1 – introductory part 1. This Directive establishes rules for the exchange of information between the law enforcement authorities of the Member States where necessary and proportionate for the purpose of preventing, detecting or investigating criminal offences.
Amendment 176 #
Proposal for a directive Article 1 – paragraph 1 – introductory part 1. This Directive establishes harmonised rules for the exchange of information between the law enforcement authorities of the Member States where necessary for the purpose of preventing, detecting or investigating criminal offences.
Amendment 177 #
Proposal for a directive Article 1 – paragraph 1 – introductory part 1. This Directive establishes rules for the exchange of information between the law enforcement authorities of the Member States where necessary for the purpose of preventing, detecting or investigating serious criminal offences.
Amendment 178 #
Proposal for a directive Article 1 – paragraph 1 – subparagraph 1 – point a (a) requests for information submitted to the Single Points of Contact established
Amendment 179 #
Proposal for a directive Article 1 – paragraph 1 – subparagraph 1 – point a (a) requests for information submitted to the Single Points of Contact established or designated by the Member States, in particular on the content of such requests, mandatory time limits for providing the requested information, reasons for refusals of such requests, the working language(s) and the channel of communication to be used in connection to such requests;
Amendment 180 #
Proposal for a directive Article 1 – paragraph 1 – subparagraph 1 – point a (a) requests for information submitted to the Single Points of Contact established or designated by the Member States, in particular on the content of such requests, mandatory time limits for providing the
Amendment 181 #
Proposal for a directive Article 1 – paragraph 1 – subparagraph 1 – point a (a) requests for information submitted to the Single Points of Contact established or designated by the Member States, in particular on the content of such requests, mandatory time limits for providing the requested information, reasons for refusals of such requests and the channel of communication to be used
Amendment 182 #
Proposal for a directive Article 1 – paragraph 1 – subparagraph 1 – point b (b) the own-initiative provision of relevant information to Single Points of Contact or to the competent law enforcement authorities of other Member States, in particular the situations and the manner in which such information is to be provided;
Amendment 183 #
Proposal for a directive Article 1 – paragraph 1 – subparagraph 1 – point c (c) the single channel of communication to be used for all exchanges of information pursuant to this directive and the information to be provided to the Single Points of Contact in relation to exchanges of information directly between the law enforcement authorities of the Member States;
Amendment 184 #
Proposal for a directive Article 1 – paragraph 1 – subparagraph 1 – point c (c) the channel of communication to be used for all exchanges of information and the information to be provided to the Single Points of Contact in relation to exchanges of information directly between the competent law enforcement authorities of the Member States;
Amendment 185 #
Proposal for a directive Article 1 – paragraph 1 – subparagraph 1 – point d (d) the establishment or designation, organisation, tasks, composition and capabilities of
Amendment 186 #
Proposal for a directive Article 1 – paragraph 1 – subparagraph 1 – point d (d) the establishment, tasks, composition and capabilities of the Single Point of Contact, including on the deployment of a single electronic Case Management System for the fulfilment of its tasks under this Directive.
Amendment 187 #
Proposal for a directive Article 1 – paragraph 1 – subparagraph 1 – point d (d) the establishment, tasks, composition and capabilities of the Single Point of Contact, including on the deployment and functioning of a single electronic Case Management System for the fulfilment of its tasks.
Amendment 188 #
Proposal for a directive Article 1 – paragraph 2 2. This Directive shall not apply to exchanges of information between the law enforcement authorities of the Member States for the purpose of preventing, detecting or investigating serious criminal offences
Amendment 189 #
Proposal for a directive Article 1 – paragraph 2 2. This Directive shall not apply to exchanges of information between the competent law enforcement authorities of the Member States for the purpose of preventing, detecting or investigating criminal offences that are specifically regulated by other acts of Union law.
Amendment 190 #
Proposal for a directive Article 1 – paragraph 3 – point a (a) obtain information by means of coercive measures
Amendment 191 #
Proposal for a directive Article 1 – paragraph 3 – point b (b) store any information for the purpose referred to in point (a);
Amendment 192 #
Proposal for a directive Article 1 – paragraph 3 – point c (c) provide information to the competent law enforcement authorities of other Member States to be used as evidence in judicial proceedings
Amendment 193 #
Proposal for a directive Article 1 – paragraph 4 4. This Directive
Amendment 194 #
Proposal for a directive Article 2 – paragraph 1 – point 1 (1) 'law enforcement authority' means any authority of the Member States competent under national law for the purpose of preventing, detecting or investigating criminal offences
Amendment 195 #
Proposal for a directive Article 2 – paragraph 1 – point 1 (1) 'competent law enforcement authority' means any authority of the Member States competent under national law to enforce the law and to take coercive measures, for the purpose of preventing, detecting or
Amendment 196 #
Proposal for a directive Article 2 – paragraph 1 – point 1 (1) 'law enforcement authority' means police and border authority and any authority of the Member States competent under national law for the purpose of preventing, detecting or investigating criminal offences;
Amendment 197 #
Proposal for a directive Article 2 – paragraph 1 – point 1 (1) 'law enforcement authority' means any authority of the Member States competent under national law for the purpose of preventing, detecting or investigating serious criminal offences;
Amendment 198 #
Proposal for a directive Article 2 – paragraph 1 – point 2 – introductory part (2) 'serious criminal offences' means any of the following: (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 199 #
Proposal for a directive Article 2 – paragraph 1 – point 2 – introductory part (2) 'serious criminal offences' means
Amendment 200 #
Proposal for a directive Article 2 – paragraph 1 – point 2 – point a Amendment 201 #
Proposal for a directive Article 2 – paragraph 1 – point 2 – point b Amendment 202 #
Proposal for a directive Article 2 – paragraph 1 – point 2 – point b Amendment 203 #
Proposal for a directive Article 2 – paragraph 1 – point 2 – point c Amendment 204 #
Proposal for a directive Article 2 – paragraph 1 – point 2 a (new) (2 a) (a) terrorism, (b) organised crime, (c) drug trafficking, (d) money-laundering activities, (e) crime connected with nuclear and radioactive substances, (f) trafficking in human beings, (g) murder and grievous bodily injury, (h) illicit trade in human organs and tissue, (i) kidnapping, illegal restraint and hostage-taking, (j) racism and xenophobia, (k) robbery and aggravated theft, (l) illicit trafficking in cultural goods, including antiquities and works of art, (m) swindling and fraud, (n) Serious crime against the financial interests of the Union, (o) insider dealing and financial market manipulation, (p) racketeering and extortion, (q) illicit trafficking in arms, ammunition and explosives, (r) illicit trafficking in endangered animal species, (s) illicit trafficking in endangered plant species and varieties, (t) environmental crime, including ship- source pollution, (u) illicit trafficking in hormonal substances and other growth promoters, (v) sexual abuse and sexual exploitation, including child abuse material and solicitation of children for sexual purposes, (w) rape, (x) genocide, crimes against humanity and war crimes.
Amendment 205 #
Proposal for a directive Article 2 – paragraph 1 – point 3 (3) 'information' means any content concerning one or more natural or legal persons, facts or circumstances relevant to law enforcement authorities in connection to the exercise of their tasks under national law of preventing, detecting or investigating serious criminal offences as defined in Article 2 (2);
Amendment 206 #
Proposal for a directive Article 2 – paragraph 1 – point 3 (3) 'information' means any pertinent content concerning one or more natural persons, facts or circumstances relevant to law
Amendment 207 #
Proposal for a directive Article 2 – paragraph 1 – point 3 (3) 'information' means any content concerning one or more natural persons, facts or circumstances relevant to law enforcement authorities in connection to the exercise of their tasks under national law of preventing, detecting or investigating serious criminal offences;
Amendment 208 #
Proposal for a directive Article 2 – paragraph 1 – point 4 (4) 'available' information means information that is either held by the Single Point of Contact or the law enforcement authorities of the requested Member State, or information that those Single Points of Contact or those law enforcement authorities can obtain from other public authorities or from private parties established in that Member State without coercive measures, in compliance with Regulation (EU) 2016/794;
Amendment 209 #
Proposal for a directive Article 2 – paragraph 1 – point 4 (4) 'available' information means information that is either held by the Single Point of Contact or the law enforcement authorities of the requested Member State, or information that those Single Points of Contact or those law enforcement authorities can obtain from other public authorities or from private parties established in that Member State without coercive measures under national law;
Amendment 210 #
Proposal for a directive Article 2 – paragraph 1 – point 4 (4) 'available' information means information that is either held by the Single Point of Contact or the law enforcement authorities of the requested Member State, or information that those Single Points of Contact or those law enforcement authorities can obtain from other public authorities
Amendment 211 #
Proposal for a directive Article 2 – paragraph 1 – point 6 (6) ‘personal data’ means personal data as defined in Article 43, point (1) of
Amendment 212 #
Proposal for a directive Article 2 – paragraph 1 – point 6 (6) ‘personal data’ means personal data as defined in Article 34, point (1) of
Amendment 213 #
Proposal for a directive Article 2 – paragraph 1 – point 6 (6) ‘personal data’ means personal data as defined in Article
Amendment 214 #
Proposal for a directive Article 2 – paragraph 1 – point 6 (6) ‘personal data’ means personal data as defined in Article
Amendment 215 #
Proposal for a directive Article 2 – paragraph 1 – point 6 (6) ‘personal data’ means personal data as defined in Article
Amendment 216 #
Proposal for a directive Article 3 – paragraph 1 – point a (a) any relevant information available to the Single Point of Contact or the law
Amendment 217 #
Proposal for a directive Article 3 – paragraph 1 – point a (a)
Amendment 218 #
Proposal for a directive Article 3 – paragraph 1 – point b (b) the conditions for requesting information from the Single Point of Contact or the law enforcement authorities of other Member States, and those for providing information to the Single Points of Contact and the law enforcement authorities of other Member States, are equivalent to those applicable for requesting and providing similar
Amendment 219 #
Proposal for a directive Article 3 – paragraph 1 – point b (b) the conditions for requesting and providing information from and to the Single Point of Contact or the law enforcement authorities of other Member States, and those for providing information to the Single Points of Contact and the law enforcement authorities of other Member States, are equivalent to those applicable for requesting and providing similar information from and to their own law enforcement authorities (‘principle of equivalent access’);
Amendment 220 #
Proposal for a directive Article 3 – paragraph 1 – point c (c) information provided to the Single Point of Contact or the law enforcement authorities of another Member State that is marked as confidential is protected by those law enforcement authorities in accordance with the requirements set out in
Amendment 221 #
Proposal for a directive Article 3 – paragraph 1 – point c a (new) (c a) information falling in the scope of this Directive shall be defined exhaustively, namely the categories of personal data that can be exchanged between law enforcement authorities (‘principle of data minimisation’).
Amendment 222 #
Proposal for a directive Article 3 – paragraph 1 – point c a (new) (c a) information is kept up-to-date and accurate;
Amendment 223 #
Proposal for a directive Article 3 – paragraph 1 – point c b (new) (c b) where information that has been made available to the Single Point of Contact or otherwise exchanged under this Directive, is found to be incorrect, inaccurate or outdated, such information shall be corrected or deleted as appropriate, and any correction or deletion shall be communicated to all recipients without delay.
Amendment 224 #
Proposal for a directive Article 4 – paragraph 1 – subparagraph 1 Where a Member State has
Amendment 225 #
Proposal for a directive Article 4 – paragraph 3 – introductory part 3. Any request for information to the Single Point of Contact of another Member State shall specify and justify whether or not it is urgent.
Amendment 226 #
Proposal for a directive Article 4 – paragraph 3 – subparagraph 1 – point a (a) essential for the prevention of an immediate and serious threat to the public security of a Member State under crimes listed in Article 2(2);
Amendment 227 #
Proposal for a directive Article 4 – paragraph 3 – subparagraph 1 – point b (b) necessary in order to protect a person’s vital interests which are at imminent risk or prevent an imminent threat to life or physical integrity;
Amendment 228 #
(b) necessary in order to pr
Amendment 229 #
Proposal for a directive Article 4 – paragraph 3 – subparagraph 1 – point c (c) necessary to adopt a decision that may involve the maintenance of restrictive measures amounting to a restriction or deprivation of liberty;
Amendment 230 #
Proposal for a directive Article 4 – paragraph 3 – subparagraph 1 – point d Amendment 231 #
Proposal for a directive Article 4 – paragraph 3 – subparagraph 1 – point d (d) in exceptional cases, at imminent risk of losing relevance if not provided urgently and the information is considered vitally important.
Amendment 232 #
Proposal for a directive Article 4 – paragraph 4 – introductory part 4. Requests for information to the Single Point of Contact of another Member State shall contain all necessary details and explanations to allow for their adequate and rapid processing in accordance with this Directive, including at least the following:
Amendment 233 #
Proposal for a directive Article 4 – paragraph 4 – point e (e) the reasons for which the request is considered urgent, where applicable, in accordance to paragraph 3.
Amendment 234 #
Proposal for a directive Article 5 – paragraph 1 – point a (a)
Amendment 235 #
Proposal for a directive Article 5 – paragraph 1 – point b (b) three
Amendment 236 #
Proposal for a directive Article 5 – paragraph 1 – point c (c) seven calendar days, for all requests that are not urgent
Amendment 237 #
Proposal for a directive Article 5 – paragraph 1 – point c (c)
Amendment 238 #
Proposal for a directive Article 5 – paragraph 1 – point c a (new) (c a) nine calendar days, for all requests that are not urgent, and require a judicial authorisation.
Amendment 239 #
Proposal for a directive Article 5 – paragraph 1 – subparagraph 1 The time
Amendment 240 #
Proposal for a directive Article 5 – paragraph 2 – introductory part 2. Where under its national law in accordance with Article 9 the requested information is available only after having obtained a judicial authorisation,
Amendment 241 #
Proposal for a directive Article 5 – paragraph 2 – subparagraph 1 Amendment 242 #
Proposal for a directive Article 5 – paragraph 2 – subparagraph 1 – point i Amendment 243 #
Proposal for a directive Article 5 – paragraph 2 – subparagraph 1 – point ii Amendment 244 #
Proposal for a directive Article 6 – paragraph 1 – point d a (new) (d a) the provision of the requested information would result in large quantities of non-specific information;
Amendment 245 #
Proposal for a directive Article 6 – paragraph 1 – point d b (new) (d b) the requested information has been found to be outdated or inaccurate, and has not yet been updated or corrected;
Amendment 246 #
Proposal for a directive Article 6 – paragraph 1 – point e – point i Amendment 247 #
Proposal for a directive Article 6 – paragraph 1 – point e – point i (i) be contrary to the essential interests of the internal security of the requested Member State;
Amendment 248 #
Proposal for a directive Article 6 – paragraph 1 – point e – point ii (ii) jeopardise
Amendment 249 #
Proposal for a directive Article 6 – paragraph 1 – point e – point iii (iii) unduly harm the vital interests of a natural or legal person
Amendment 250 #
Proposal for a directive Article 6 – paragraph 1 – point e – point iii (iii) unduly harm the vital interests and integrity of a natural or legal person.
Amendment 251 #
Proposal for a directive Article 6 – paragraph 1 – point e – point iii (iii)
Amendment 252 #
Proposal for a directive Article 6 – paragraph 1 – point e – point iii (iii)
Amendment 253 #
Proposal for a directive Article 6 – paragraph 1 – point e – point iii a (new) (iii a) depart from the scope and objectives of this Directive, including the fight against serious and organised crimes and terrorism, such as in the case of politically-motivated purposes or manifest breach of fundamental rights
Amendment 254 #
Proposal for a directive Article 6 – paragraph 2 2. Member States shall ensure that their Single Point of Contact informs the Single Point of Contact or, where applicable, the law enforcement authority of the requesting Member State of the refusal, specifying the reasons for the refusal, within the time limits provided for in Article 5(1). The Single Point of Contact or, where applicable, the law enforcement authority of the requesting Member State subject to a refusal shall have the possibility to provide clarifications or request a reassessment of such a decision.
Amendment 255 #
Proposal for a directive Article 6 – paragraph 3 – introductory part 3. Member States shall ensure that
Amendment 256 #
Proposal for a directive Article 6 – paragraph 3 – subparagraph 1 Amendment 257 #
Proposal for a directive Article 7 – paragraph 1 1. Member States shall ensure that their Single Point of Contact or their law enforcement authorities provide, on their own initiative,
Amendment 258 #
Proposal for a directive Article 7 – paragraph 2 Amendment 259 #
Proposal for a directive Article 7 – paragraph 2 – subparagraph 1 Amendment 260 #
Proposal for a directive Article 8 – paragraph 1 1. Member States shall ensure that, where Single Points of Contact or law enforcement authorities submit requests for information directly to the law enforcement authorities of another Member State, their Single Points of Contact or their law enforcement authorities send, at the same time as they send such requests, provide information pursuant to such requests or send any other communications relating thereto, a copy thereof to the Single Point of Contact of that other Member State and, where the sender is a law enforcement authority, also to the Single Point of Contact of its own Member State.
Amendment 261 #
Proposal for a directive Article 8 – paragraph 1 a (new) 2. Member States shall ensure that their Single Point of Contact or, where relevant, their law enforcement authority, reply to requests for information pursuant to this Directive within the time limits referred to Article 5, except where Article 6(1) applies.
Amendment 262 #
Proposal for a directive Article -9 (new) Article -9 Information exchange and Article 7 TEU procedures Authorities of a Member State which is subject to a procedure referred to in Article 7(1) or 7(2) of the Treaty on European Union wishing to request information from another Member State via the Single Point of Contact, shall submit the request to Europol for assessment, before it can be addressed to the Single Point of Contact of the other Member State.
Amendment 263 #
Proposal for a directive Article 9 – paragraph 2 2. Member States shall ensure that, where their national law requires a judicial authorisation for the provision of information to the Single Points of Contact or the law enforcement authority of another Member State in accordance with paragraph 1, their Single Points of Contact or their law enforcement authorities immediately take all necessary steps, in accordance with their national law, to obtain such judicial authorisation as soon as possible and within the time limits foreseen in Article 5(1).
Amendment 264 #
Proposal for a directive Article 9 – paragraph 3 3. The requests for judicial authorisation referred to in paragraph
Amendment 265 #
Proposal for a directive Article 10 – paragraph 1 – point -i (new) (-i) the personal data are accurate, complete and up to date;
Amendment 266 #
Proposal for a directive Article 10 – paragraph 1 – point i (i) the categories of personal data provided per category of data subject, remain limited to those listed in Section B, point 2, of Annex II to Regulation (EU) 2016/794, and limited to what is necessary and proportionate to respond to the request;
Amendment 267 #
Proposal for a directive Article 10 – paragraph 1 – point i (i) the categories of personal data provided remain limited to those listed in Section B, point 2, of Annex II to Regulation (EU) 2016/794 for those persons listed in Section B, point 1(a), of that Annex;
Amendment 268 #
Proposal for a directive Article 10 – paragraph 1 – point i (i) the categories of personal data provided remain limited to those listed, in
Amendment 269 #
Proposal for a directive Article 10 – paragraph 1 – point i a (new) (i a) the categories of data subject, relating to whom personal data are exchanged are limited to: a) persons who, in accordance with the national law of the Member State concerned, are suspected of having committed or having taken part in a criminal offence listed in Article 2(2), or who have been convicted of such an offence; b) persons regarding whom there are factual indications or reasonable grounds under the national law of the Member State concerned to believe that they will commit criminal offences listed in Article 2(2).
Amendment 270 #
Proposal for a directive Article 10 – paragraph 1 – point i a (new) (i a) the categories of personal data provided remain limited to those listed in Section B, point 3, of Annex II to Regulation (EU) 2016/794 for those persons listed in Section B, point 1(e), of that Annex;
Amendment 271 #
Proposal for a directive Article 10 – paragraph 1 – point i b (new) (i b) the categories of personal data provided remain limited to those listed in Section B, point 4, of Annex II to Regulation (EU) 2016/794 for those persons listed in Section B, point 1(d), of that Annex;
Amendment 272 #
Proposal for a directive Article 10 – paragraph 1 – point i c (new) (i c) the categories of personal data provided remain limited to those listed in Section B, point 5, of Annex II to Regulation (EU) 2016/794 for those persons listed in Section B, point 1(c), of that Annex;
Amendment 273 #
Proposal for a directive Article 10 – paragraph 1 – point i d (new) (i d) the categories of personal data provided remain limited to those listed in Section B, point 6, of Annex II to Regulation (EU) 2016/794 for those persons listed in Section B, point 1(f), of that Annex;
Amendment 274 #
Proposal for a directive Article 10 – paragraph 1 – point ii (ii) their Single Point of Contact or their law enforcement authorities also provide, at the same time and insofar as possible, the necessary elements enabling the Single Point of Contact or the law
Amendment 275 #
Proposal for a directive Article 11 – paragraph 1 1. Member States shall establish and keep up to date a list with one or more of the official languages of the Union in which their Single Point of Contact is able to receive and provide information upon a request for information or on its own initiative. That list shall include English.
Amendment 276 #
Proposal for a directive Article 12 Amendment 277 #
Proposal for a directive Article 12 – paragraph 1 Member States shall ensure that, where their Single Point of Contact or their law enforcement authorities send requests for information, provide information pursuant to such requests, provide information on their own initiative or send other communications relating thereto under Chapters II and III, they also
Amendment 278 #
Proposal for a directive Article 12 – paragraph 1 1. Member States shall ensure that, where their Single Point of Contact or their law enforcement authorities send requests for information, provide information pursuant to such requests, provide information on their own initiative or send other communications relating thereto under Chapters II and III, they also asses, on a case-by-case basis, if it is necessary to send, at the same time, a copy thereof to Europol, insofar as the information to which the communication relates concerns offences falling within the scope of the objectives of Europol in accordance with Regulation (EU) 2016/794, an Europol is already involved in the respective investigation.
Amendment 279 #
Proposal for a directive Article 12 – paragraph 1 1. Member States shall ensure that, where their Single Point of Contact or their law enforcement authorities send requests for information, provide information pursuant to such requests, provide information on their own initiative or send other communications relating thereto under Chapters II and III, they also send, at the same time, a copy thereof to Europol, insofar as the information to which the communication relates concerns offences falling within the scope of the objectives of Europol in accordance with Regulation
Amendment 280 #
Proposal for a directive Article 12 – paragraph 1 Member States shall ensure that, where their Single Point of Contact or their law enforcement authorities send requests for information, provide information pursuant to such requests, provide information on their own initiative or send other communications and relevant information relating thereto under Chapters II and III, they also send, at the same time, a copy thereof to Europol, insofar as the information to which the communication relates concerns offences falling within the scope of the objectives of Europol in accordance with Regulation (EU) 2016/794.
Amendment 281 #
Proposal for a directive Article 12 – paragraph 1 a (new) 2. In application to the first paragraph and pursuant to Article 7(6)(a) and Article 19 of Regulation (EU) 2022/791 [Europol Regulation], when supplying information to Europol, Member States shall determine the purpose of, and the restriction on, the processing of such information.
Amendment 282 #
Proposal for a directive Article 12 – paragraph 1 a (new) Where information sent to Europol pursuant to paragraph 1, any possible restrictions pursuant to Article 19 of Regulation (EU) 2016/794, shall also be communicated to Europol together with the information.
Amendment 283 #
Proposal for a directive Article 13 – paragraph 1 1. Member States shall ensure that, where their Single Point of Contact or their law enforcement authorities send requests for information, provide information pursuant to such requests, provide information on their own initiative or send other communications relating thereto under Chapters II and III or under Article 12, they do so only through SIENA.
Amendment 284 #
Proposal for a directive Article 14 – paragraph 1 1. Each Member State shall establish or designate
Amendment 285 #
Proposal for a directive Article 14 – paragraph 2 – introductory part 2. Member States shall ensure that their Single Point of Contact is empowered and equipped to carry out at least all of the following tasks:
Amendment 286 #
Proposal for a directive Article 14 – paragraph 2 – point a (a) receive and evaluate requests for information in the language used;
Amendment 287 #
Proposal for a directive Article 14 – paragraph 3 – point a (a) their Single Point of Contact has access to all information available to their law enforcement authorities, insofar as necessary to carry out its tasks under this Directive and in compliance with the protection of personal data related to Regulation (EU) 2016/680;
Amendment 288 #
Proposal for a directive Article 14 – paragraph 3 – point c (c) their Single Point of Contact is provided with the staff,
Amendment 289 #
Proposal for a directive Article 14 – paragraph 3 – point c (c) their Single Point of Contact is provided with the staff, modern operational tools, resources and capabilities, including for translation, necessary to carry out its tasks in an adequate and rapid manner in accordance with this Directive and in particular the time limits set out in Article 5(1);
Amendment 290 #
Proposal for a directive Article 14 – paragraph 3 – point c (c) their Single Point of Contact is provided with the qualified staff, resources and capabilities, including for translation, necessary to carry out its tasks in an adequate and rapid manner in accordance with this Directive and in particular the time limits set out in Article 5(1);
Amendment 291 #
Proposal for a directive Article 14 – paragraph 3 – point d Amendment 292 #
Proposal for a directive Article 15 – title Amendment 293 #
Proposal for a directive Article 15 – paragraph 2 – point c Amendment 294 #
Proposal for a directive Article 15 – paragraph 2 a (new) Amendment 295 #
Proposal for a directive Article 15 – paragraph 2 a (new) 2 a. Member States should provide the staff of the their national Single Point of Contact with adequate tactical and technical training, IT upgrades, language courses and access to exchange programmes in order for them to be able to perform their functions under this Directive;
Amendment 296 #
Proposal for a directive Article 15 – paragraph 2 b (new) Amendment 297 #
Proposal for a directive Article 16 – paragraph 1 – point a (a) recording incoming and outgoing requests for information referred to in Articles 5 and 8, as well as any other communications with Single Points of Contact and, where applicable, law enforcement authorities of other Member States relating to such requests, including the information about refusals and the requests for and provision of clarifications referred to in Article 6(2) and (3) respectively, as well as the request for reassessment of a refusal, pursuant to Article 6(2);
Amendment 298 #
Proposal for a directive Article 16 – paragraph 2 2. Member States shall take the necessary measures to ensure that all
Amendment 299 #
Proposal for a directive Article 16 – paragraph 3 3. Member States shall ensure that any personal data processed by their Single Point of Contact are contained in the Case Management System only for as long as is necessary and proportionate for the purposes for which the personal data are processed
Amendment 300 #
Proposal for a directive Article 16 – paragraph 3 3. Member States shall ensure that any personal data processed by their Single Point of Contact
Amendment 301 #
Proposal for a directive Article 16 – paragraph 3 3. Member States shall ensure that any personal data processed by their Single Point of Contact are contained in the Case Management System only for as long
Amendment 302 #
Proposal for a directive Article 16 – paragraph 3 3. Member States shall ensure that any personal data processed by their Single Point of Contact are contained in the Case Management System only for as long as
Amendment 303 #
Proposal for a directive Article 16 – paragraph 3 3. Member States shall ensure that any personal data processed by their Single Point of Contact are contained in the Case Management System only for as long as is necessary and proportionate for the
Amendment 304 #
Proposal for a directive Article 16 a (new) Article 16 a Cooperation between national Single Point of Contact 1. Member States shall encourage practical cooperation between their Single Point of Contact and competent law enforcement authorities for the purpose of the present Directive. 2. The Commission shall organise regular meetings between Single Points of Contact, and at least once a year with all of them, to support the sharing of best practices related to the exchange of information between law enforcement authorities.
Amendment 305 #
Proposal for a directive Article 17 – paragraph 1 1. Member States shall provide the Commission with statistics on the exchanges of information with other Member States under this Directive, by 1 March of each year. The statistics as submitted by the Member States shall be made available to Parliament.
Amendment 306 #
Proposal for a directive Article 17 – paragraph 2 a (new) 2 a. The Commission shall compile these statistics and use these for the reporting obligation laid down in Article 18. The compiled statistics shall be made available to Parliament.
Amendment 307 #
Proposal for a directive Article 18 – paragraph 1 1. The Commission shall, by [date of entry into force +
Amendment 308 #
Proposal for a directive Article 18 – paragraph 1 1. The Commission shall, by [date of entry into force +
Amendment 309 #
Proposal for a directive Article 18 – paragraph 2 2. The Commission shall, by [date of entry into force +
Amendment 310 #
Proposal for a directive Article 18 – paragraph 2 2. The Commission shall, by [date of entry into force +
Amendment 311 #
Proposal for a directive Article 21 – paragraph 1 – introductory part 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [date of entry into force + 12
Amendment 312 #
Proposal for a directive Article 21 – paragraph 1 – introductory part 1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [date of entry into force +
Amendment 313 #
Proposal for a directive Article 21 – paragraph 1 – subparagraph 1 Amendment 314 #
Proposal for a directive Article 21 – paragraph 1 – subparagraph 1 They shall apply those provisions from that date. However, they shall apply Article 13 from [date of entry into force +
source: 735.476
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History
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| docs/4/docs/0/url |
https://www.europarl.europa.eu/doceo/document/LIBE-PR-732767_EN.html
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2022-06-08Show (1) Changes | Timetravel
| docs/4 |
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2022-06-03Show (2) Changes | Timetravel
| docs/3 |
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| events/0 |
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2022-04-08Show (1) Changes | Timetravel
| docs/4 |
|
2022-04-01Show (1) Changes | Timetravel
| committees/0/rapporteur |
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2022-02-22Show (1) Changes | Timetravel
| committees/2/rapporteur |
|
2022-02-01Show (3) Changes | Timetravel
| events |
|
| procedure/dossier_of_the_committee |
|
| procedure/stage_reached |
Old
Preparatory phase in ParliamentNew
Awaiting committee decision |
2022-01-29Show (1) Changes | Timetravel
| procedure/title |
Old
Fight against crime: information exchange between law enforcement authorities of Member StatesNew
Law enforcement information exchange |
2022-01-28Show (1) Changes | Timetravel
| committees/2 |
|
2022-01-22Show (1) Changes | Timetravel
| commission |
|
2022-01-21Show (2) Changes | Timetravel
| committees/1/opinion |
False
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| docs/3/docs/0 |
|
2021-12-22Show (1) Changes
| docs/3/summary |
|