Progress: Awaiting committee decision
Role | Committee | Rapporteur | Shadows |
---|---|---|---|
Lead | LIBE | DÜPONT Lena ( EPP) | |
Committee Opinion | BUDG | ||
Committee Opinion | CONT | CHINNICI Caterina ( S&D) | Luke Ming FLANAGAN ( GUE/NGL), Sophia IN 'T VELD ( RE), Petri SARVAMAA ( PPE) |
Lead committee dossier:
Legal Basis:
TFEU 087-p2
Legal Basis:
TFEU 087-p2Subjects
Events
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
- Committee draft report: PE732.767
- 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
- Committee draft report: PE732.767
Amendments | Dossier |
18 |
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
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