Events

Documents

• Text adopted by Parliament, single reading: T9-0260/2024
• Decision by Parliament: T9-0260/2024
• Debate in Parliament: Debate in Parliament
• Committee report tabled for plenary, single reading: A9-0119/2024
• Committee report tabled for plenary: A9-0119/2024
• Supplementary non-legislative basic document: 06180/2024
• Amendments tabled in committee: PE757.246
• Committee opinion: PE756.200
• Committee draft report: PE753.540
• Court of Auditors: opinion, report: OJ C 000 27.10.2023, p. 0000
• Court of Auditors: opinion, report: N9-0096/2023
• Non-legislative basic document: COM(2023)0391
• Non-legislative basic document: EUR-Lex
• Non-legislative basic document published: COM(2023)0391
• Non-legislative basic document published: EUR-Lex
• Non-legislative basic document: COM(2023)0391 EUR-Lex
• Court of Auditors: opinion, report: OJ C 000 27.10.2023, p. 0000 N9-0096/2023
• Committee draft report: PE753.540
• Committee opinion: PE756.200
• Amendments tabled in committee: PE757.246
• Supplementary non-legislative basic document: 06180/2024
• Committee report tabled for plenary, single reading: A9-0119/2024
• Text adopted by Parliament, single reading: T9-0260/2024

Amendments

Dossier

13

2023/2169(DEC) 2023/12/05 LIBE 13 amendments... Amendment 1 # Tomáš ZDECHOVSKÝ Draft opinion Paragraph 3 a (new) 3 a. Recalls the Court’s observation on the legality and regularity of transactions connected to operational grant to fund the activities of a national police force in a member state; notes that the Court observed that part of the grant, amounting to EUR 0.2 million was irregular; notes Europol’s response reacting that the operational grant concerned the activities of SIUs coordinated by one member state therefore Article 186(4)(c) of the Financial Regulation 2018/1046 and the corresponding specific implementation guidance of the Commission on grant administration, Value Added Tax (VAT) was an eligible cost; welcomes that Europol will assess the eligibility of VAT in operational grants in light of the ECA’s observations; Amendment 10 # Konstantinos ARVANITIS Draft opinion Paragraph 6 6. WelcomesRegrets that the amended Europol Regulation which entered into force on 28 June 2022, and in particular the increased oversight of its activities such as through did not contain strong data protection, oversight and fundamental rights safeguards; expresses concerns with the lack of independence surrounding the establishment and the appointment of a Fundamental Rights Officer (FRO) withinby Europol, and at the same time welcomes the extension of Europol’s competences as regards support to Member States and possible cooperation with may propose opening investigations into a specific crime which concerns only one Member State, private parties, third countries and international organisa’s Management Board, and is obliged to “report directly to the Executive Director”; calls for the expansion of independent external oversight by the EDPS and FRO in order to strengthen fundamental rights protections; Amendment 11 # Saskia BRICMONT Draft opinion Paragraph 6 6. WelcomesNotes that the amended Europol Regulation which entered into force on 28 June 2022, and in particular the requires an increased oversight of its activities such as through the establishment and the appointment of a Fundamental Rights Officer (FRO) within Europol, and at ; further same time welcomestresses that the extension of Europol’s competences as regards support to Member States and possible cooperation with may propose opening investigations into a specific crime which concerns only one Member State, private parties, third countries and international organisationprivate parties, third countries and international organisations would require the establishment of additional internal and external oversight mechanisms to guarantee respect of EU law and ensure protection of fundamental rights; Amendment 12 # Saskia BRICMONT Draft opinion Paragraph 6 a (new) 6 a. Notes with concern reports of cases of conflicts of interest of former Europol staff working on issues related to work carried out in the last three years in Europol and lobbying made by those staff within Europol; call on Europol to address those issues with a matter of urgency; Amendment 13 # Saskia BRICMONT Draft opinion Paragraph 6 b (new) 6 b. Express concerns with regards to the findings of the EDPS’s audit report on Europol on 16 December 2022; recalls that upon conducting specific checks of third country nationals’ datasets held by Europol, the EDPS found multiple cases where personal data of minors under 15 years old were retained without clear necessity and proportionality justifications, given the fact that these minors were not directly involved in serious offences; stresses that Europol has the obligation to respect the principle of ‘strict proportionality’ established in Article 30(1) of the Europol Regulation; calls on Europol to comply with the ten recommendations issued by the EDPS. Amendment 2 # Tomáš ZDECHOVSKÝ Draft opinion Paragraph 3 b (new) 3 b. Notes with satisfaction that in 2022, Europol accepted 98 068 operational contributions and supported 2 758 operations; welcomes Europol’s cooperation with Ukraine and the support provided to Member States and bordering countries increased early in the year in the context of the war; also notes support provided in the context of migratory flows from Belarus and welcomes that Europol suspended its cooperation with Russia; Amendment 3 # Tomáš ZDECHOVSKÝ Draft opinion Paragraph 3 c (new) 3 c. Recalls substantial increase (+44% compared to 2021), in the number of operations supported by the European Serious Organised Crime Centre (ESOCC) notably to 1 069 exceeding the target set for 2022 (500 operations); welcomes the European Migrant Smuggling Centre (EMSC) which supported several Operational Task Forces (OTF) in connection with migrant smuggling: OTF Flow – focused on the Belarussian route, OTF Dune – focused on small boat trafficking, and OTF Pathfinder – focused on 14 HVTs along the Western - Balkan route; Amendment 4 # Saskia BRICMONT Draft opinion Paragraph 4 4. Notes that on 16 September 2022, the European Data Protection Supervisor (EDPS) requested that the Court of Justice of the European Union annul two provisions of the amended Europol Regulation, namely Articles 74a and 74b; further notes the Order of the General Court in Case T-578/22 from 6 September 2023 by which the action brought by EDPS against the amended Europol regulation was deemed inadmissible thereby upholding the objection of inadmissibility raised by the Council; further recalls, as regards any effects of the contested provisions on the EDPS’s decision of 3 January 2022, EDPS cannot rely on them in support of his action, since an administrative decision cannot affect legislative acts, such as the amended Europol regulation, or affect the content thereof; welcomes the efforts by Europol to address EDPS recommendations which substantially increased in 2022;deleted Amendment 5 # Konstantinos ARVANITIS Draft opinion Paragraph 4 4. NotesDeeply regrets that the stronger role attributed to Europol under Regulation 2016/794 lacks sufficient safeguards and oversight, particularly on its processing of large sets of personal data; is deeply concerned that on 16 September 2022, the European Data Protection Supervisor (EDPS) requested that the Court of Justice of the European Union annul two provisions of the amended Europol Regulation, namely Articles 74a and 74b; further which seriously undermine legal certainty for individuals’ personal data and threaten the independence of the EDPS; reiterates deep concerns that Europol is now able to collect large amounts of data concerning individuals with no established link to criminal activity, and to do so retroactively; recalls that EDPS is mandated to supervise the legality of personal data processing of Europol under Regulation (EU) 2016/794; notes that the Oorder of the General Court in Case T-578/22 from 6 September 2023 by which the action brought by EDPS against the amended Europol regulation was deemed inadmissible thereby upholding the objection of inadmissibility raised by the Council; further recalls, as regards any effects of the contested provisions on the EDPS’s decision of 3 January 2022, EDPS cannot rely on them in support of his action, since an administrative decision cannot affect legislative acts, such as the amended Europol regulation, or affect the content thereof; welcomes the efforts by, revealing the weakness of the EDPS’s mandate to preserve high standards of data protection in the EU agencies; notes that the EDPS has appealed the Case T-578/22; calls on Europol to fully address EDPS recommendations which substantially increased in 2022; Amendment 6 # Tomáš ZDECHOVSKÝ Draft opinion Paragraph 4 4. Notes that on 16 September 2022, the European Data Protection Supervisor (EDPS) requested that the Court of Justice of the European Union annul two provisions of the amended Europol Regulation, namely Articles 74a and 74b; further notes the Order of the General Court in Case T-578/22 from 6 September 2023 by which the action brought by EDPS against the amended Europol regulation was deemed inadmissible thereby upholding the objection of inadmissibility raised by the Council; further recalls, as regards any effects of the contested provisions on the EDPS’s decision of 3 January 2022, EDPS cannot rely on them in support of his action, since an administrative decision cannot affect legislative acts, such as the amended Europol regulation, or affect the content thereof; welcomes the efforts by Europol to address EDPS recommendations which substantially increased in 2022 in particular that all contributions from before the entry into force of the amended Europol Regulation have meanwhile been assigned with a Data Subject Category (DSC); Amendment 7 # Tomáš ZDECHOVSKÝ Draft opinion Paragraph 4 a (new) 4 a. Welcomes the cooperation between Europol and Frontex, particularly in the context of Frontex’s PeDRA program ‘Processing of Personal Data for Risk Analysis' concerning the information and operational personal data transmition of persons suspected of involvement in cross- border crime and terrorism; recalls that cooperation among Europol and other JHA Agencies is fully transparent and subject to an adequate framework of oversight and accountability; recalls that EDPS audit report recommended Frontex to assess strict neccessity of data sharing with Europol; recalls that Frontex stopped transmitting the data to Europol; welcomes the impementation of joint concept note between the agecies on the exchange of information including operational personal data which establishes a new governance model in line with EDPS recommendation; Amendment 8 # Konstantinos ARVANITIS Draft opinion Paragraph 5 5. AcknowledgNotes that Europol continueds to work closely with eu-LISA on establishing automated checks of travel application data from the European Travel Information & Authorisation System (ETIAS) against Europol data; notes that entry into opraises concerns that this would involve mass personal data processing that will be checked against a wide range of of EU and internation of the ETIAS was postponed to November 2023 by the decision of the Councilal databases and subject to automated screening; fears that these databases are part of the EU’s attempt to expand its harmful surveillance practices at the borders that mainly targets migrants; reiterates concerns that automated profiling will lead to discrimination and the violation of fundamental rights of people entering the EU; notes that entry into operation of the ETIAS has been subject to repeated delays due to a wide range of issues pertaining to its operational complexity; Amendment 9 # Nils UŠAKOVS Draft opinion Paragraph 5 5. Acknowledges that Europol continued to work closely with eu-LISA on establishing automated checks of travel application data from the European Travel Information & Authorisation System (ETIAS) against Europol data; notes that entry into operation of the ETIAS was postponed to November 2023 by the decision of the Council; appreciates that Europol expanded its cooperation with EPPO in 2022 whereas by the end of the year it supported 21 major EPPO operations in the area of tax fraud; source: 757.002

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