Activities of Josef WEIDENHOLZER related to 2013/0091(COD)
Shadow reports (2)
RECOMMENDATION FOR SECOND READING on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA PDF (444 KB) DOC (90 KB)
REPORT on the proposal for a regulation of the European Parliament and of the Council on the European Union Agency for Law Enforcement Cooperation and Training (Europol) and repealing Decisions 2009/371/JHA and 2005/681/JHA PDF (866 KB) DOC (925 KB)
Amendments (159)
Amendment 126 #
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the European Union Agency for Law Enforcement Cooperation and Training (Europol) and repealing Decisions 2009/371/JHA and 2005/681/JHA
Amendment 127 #
Proposal for a regulation
Recital 1
Recital 1
(1) Europol was set up by Decision 2009/371/JHA27 as an entity of the Union funded from the general budget of the Union to support and strengthen action by competent authorities of the Member States and their mutual cooperation in preventing and combating specified forms of organised crime, terrorism and other forms of serious crime affecting two or more Member States. Decision 2009/371/JHA replaced the Convention based on Article K.3 of the Treaty on European Union, on the establishment of a European Police Office (Europol Convention).28.
Amendment 128 #
Proposal for a regulation
Recital 3
Recital 3
Amendment 129 #
Proposal for a regulation
Recital 4
Recital 4
(4) The ‘Stockholm Programme – An open and secure Europe serving and protecting citizens’30 calls for Europol to evolve and become a ‘hub for information exchange between the law enforcement authorities of the Member States, a service provider and a platform for law enforcement services.’ On the basis of an assessment of Europol's functioning, further enhancement of its operational effectiveness is needed to meet this objective. The Stockholm Programme also sets the aim of creating a genuine European law enforcement culture by setting up European training schemes and exchange programmes for all relevant law enforcement professionals at national and Union level.
Amendment 130 #
Proposal for a regulation
Recital 5
Recital 5
(5) Large-scale criminal and terrorist networks pose a significant threat to the internal security of the Union and to the safety and livelihood of its citizens. Available threat assessments show that criminal groups are becoming increasingly poly-criminal and cross-border in their activities. National law enforcement authorities therefore need to cooperate more closely with their counterparts in other Member States. In this context, it is necessary to equip Europol to support Member States more in Union-wide crime prevention, analyses and investigations. This has also been confirmed in the evaluations of Decisions 2009/371/JHA and 2005/681/JHA.
Amendment 131 #
Proposal for a regulation
Recital 6
Recital 6
Amendment 132 #
Proposal for a regulation
Recital 7
Recital 7
(7) Decisions 2009/371/JHA and 2005/681/JHA should therefore be repealed and replaced by this regulation, which draws on the lessons learnt from the implementation of both Decisions. Europol as established by this regulation should replace and assume the functions of Europol and CEPOL as established by the two repealed Decisits implementations.
Amendment 135 #
Proposal for a regulation
Recital 8
Recital 8
(8) As crime often occurs across internal borders, Europol should support and strengthen Member State actions and their cooperation in preventing and combating serious crime affecting two or more Member States. As terrorism is one of the most important threats for the security of the Union, Europol should assist Member States and in facing common challenges in this regard. As the EU law enforcement agency, Europol should also support and strengthen actions and cooperation on tackling forms of crime that affect the interests of the EU. It should also offer support in preventing and combating related criminal offences which are committed in order to procure the means, to facilitate, to carry out or to ensure the impunity of acts in respect of which Europol is competent.
Amendment 136 #
Proposal for a regulation
Recital 9
Recital 9
Amendment 137 #
Proposal for a regulation
Recital 10
Recital 10
(10) Europol should be able to request Member States to initiate, conduct or coordinate criminal investigations in specific cases where cross-border cooperation would add value. Europol should inform Eurojust of such requests. Europol should justify the request.
Amendment 139 #
Proposal for a regulation
Recital 11
Recital 11
(11) To increase the effectiveness of Europol as a hub for information exchange in the Union, clear obligations for Member States to provide Europol with the data necessary for it to fulfil its objectives should be laid down. While implementing such obligations, Member States shouldmust pay particular attention to providing only data relevant for the fight against crimes considered to be strategic and operational priorities within relevant policy instruments of the Union. Member States should also provide Europol with a copy of bilateral and multilateral exchanges of information with other Member States on crime falling under Europol’s objectives and also indicate the source of this information. At the same time, Europol should increase the level of its support to Member States, so as to enhance mutual cooperation and sharing of information. Europol shouldmust submit an annual report to all Union institutions and to national Parliaments on the extent to which individual Member States provide it with information.
Amendment 142 #
Proposal for a regulation
Recital 12
Recital 12
(12) To ensure effective cooperation between Europol and Member States, a national unit should be set up in each Member State. It should be the principal liaison between national law enforcement authorities and training institutes and Europol. To ensure continuous, effective exchange of information between Europol and national units and to facilitate their cooperation, each national unit should second at least one liaison officer to Europol.
Amendment 143 #
Proposal for a regulation
Recital 13
Recital 13
Amendment 144 #
Proposal for a regulation
Recital 14
Recital 14
Amendment 145 #
Proposal for a regulation
Recital 16
Recital 16
(16) The Commission and the Member States should be represented on the Management Board of Europol to effectively supervise its work. To reflect the dual mandate of the new agency, operational support and training for law enforcement, the full members of the Management Board should bhe parliamentary monitoring unit should also be given the aoppointed on the basis of their knowledge of law enforcement cooperation, whereas alternate members should be appointed on the basis of their knowledge of training for law enforcement officers. Alternate members should act as full members in the absence of the full member and in any case when training is discussed or decided. The Management Board should be advised by a scientific committee on technical training issuesrtunity of sending a representative with observer status the meetings of the Europol Management Board.
Amendment 146 #
Proposal for a regulation
Recital 16
Recital 16
(16) The Commission and the Member States should be represented on the Management Board of Europol to effectively supervise its work. To reflect the dual mandate of the new agency, operational support and training for law enforcement, the fullhe members of the Management Board should be appointed on the basis of their knowledge of law enforcement cooperation, whereas alternate members should be appointed on the basis of their knowledge of training for law enforcement officers. Alternate members should act as full members in the absence of the full member and in any case when training is discussed or decided. The Management Board should be advised by a scientific committee on technical training issues.
Amendment 147 #
Proposal for a regulation
Recital 17
Recital 17
(17) The Management Board should be given the necessary powers, in particular to set the budget, verify its execution, adopt the appropriate financial rules and planning documents, establish transparent working procedures for decision-making by the Executive Director of Europol, and adopt the annual activity report. It should exercise the powers of appointing authority towards staff of the agency including the Executive Director. To streamline the decision making process, and to reinforce supervision of administrative and budgetary management, the Management Board should be also entitled to establish an Executive Board.
Amendment 149 #
Proposal for a regulation
Recital 19
Recital 19
(19) For the purposes of preventing and combating crime falling under its objectives, it is necessary for Europol to have the fullest and most up-to-date information possible. Therefore, Europol should be able to process data provided to it by Member States, third countries, international organisations and Union bodies as well as coming from publicly available sources to develop an understanding of criminal phenomena and trends, to gather information about criminal networks, and to detect links between different offences.
Amendment 150 #
Proposal for a regulation
Recital 20
Recital 20
(20) To improve Europol’s effectiveness in providing accurate crime analyses to the Member States’ law enforcement authorities, it should use new technologies to process data. Europol should be able to swiftly detect links between investigations and common modi operandi across different criminal groups, to check cross- matches of data and to have a clear overview of trends, while maintainguaranteeing high level of protection of personal data for individuals. Therefore, Europol databases should not be pre-defined, allowing Europol to choose the most efficient IT structure. To ensure a high level of data protection, the purpose of processing operations and access rights as well as specific additional safeguards should be laid down. The principles of relevance and proportionality must be observed with regard to personal data processing.
Amendment 153 #
Proposal for a regulation
Recital 24
Recital 24
(24) Europol should maintain cooperative relations with other Union bodies, and law enforcement authorities and law enforcement training institutes of third countries, international organisations, and private parties to the extent required for the accomplishment of its tasks.
Amendment 155 #
Proposal for a regulation
Recital 25
Recital 25
(25) To ensure operational effectiveness, Europol should be able to exchange all information, with the exception of personal data, with other Union bodies, and law enforcement authorities and law enforcement training institutes of third countries, and international organisations to the extent necessary for the performance of its tasks. Since companies, firms, business associations, non-governmental organisations and other private parties hold expertise and data of direct relevance to the prevention and combating of serious crime and terrorism, Europol should also be able to exchange such data with private parties. To prevent and combat cybercrime, as related to network and information security incidents, Europol should, pursuant to Directive [name of adopted Directive] of the European Parliament and of the Council concerning measures to ensure a high common level of network and information security across the Union,31 cooperate and exchange information, with the exception of personal data, with national authorities competent for the security of network and information systems.
Amendment 156 #
Proposal for a regulation
Recital 25
Recital 25
(25) To ensure operational effectiveness, Europol should be able to exchange all information, with the exception of personal data, with other Union bodies, law enforcement authorities and law enforcement training institutes of third countries, and international organisations to the extent necessary for the performance of its tasks. Since companies, firms, business associations, non-governmental organisations and other private parties hold expertise and data of direct relevance to the prevention and combating of serious crime and terrorism, Europol should also be able to exchange such data with private parties. To prevent and combat cybercrime, as related to network and information security incidents, Europol should, pursuant to Directive [name of adopted Directive] of the European Parliament and of the Council concerning measures to ensure a high common level of network and information security across the Union,31 cooperate and exchange information, with the exception of personal data, with national authorities competent for the security of network and information systems.
Amendment 157 #
Proposal for a regulation
Recital 27
Recital 27
(27) Serious crime and terrorism often have links beyond the territory of the EU. Europol should therefore be able to exchange personal data with law enforcement authorities of third countries and with international organisations such as Interpol to the extent necessary for the accomplishment of its tasks. In exchanging personal data with third countries and international organisations, it is necessary to strike an appropriate balance between the need for effective enforcement and personal data protection.
Amendment 159 #
Proposal for a regulation
Recital 28
Recital 28
(28) Europol should be able tomay transfer personal data to an authority of a third country or an international organisation only on the basis of a Commission decision finding that the country or international organisation in question ensures an adequate level of data protection comparable with EU standards, or, in the absence of an adequacy decision, an international agreement concluded by the Union pursuant to Article 218 of the Treaty, or a cooperation agreement concluded between Europol and this third country prior to the entry into force of this Regulation. In view of Article 9 of Protocol 36 on transitional provisions attached to the Treaty, legal effects of such agreements should be preserved until those agreements are repealed, annulled or amended in the implementation of the Treaty. The Commission must, within 12 months from the entry into force of this Regulation, review the existing cooperation agreement on data protection and propose amendments to bring it into line with the provisions of this Regulation.
Amendment 162 #
Proposal for a regulation
Recital 29
Recital 29
(29) Where a transfer of personal data cannot be based on an adequacy decision taken by the Commission, or, an international agreement concluded by the Union, or an existing cooperation agreement, the Management Board and the European Data Protection Supervisor should be allowed to authorise a transfer or a set of transfers, only provided adequate safeguards are ensured. Where none of the above applies, the Executive Director should be allowed to authorise the transfer of data in exceptional cases on a case-by-case basis, if it is necessary to safeguard the essential interests of a Member State, to prevent an imminent danger associated with crime or terrorism, if the transfer is otherwise necessary or legally required on important public grounds, if the data subject has consented, or if vital interests of the data subject are at stake regarding the protection of personal data.
Amendment 165 #
Proposal for a regulation
Recital 32
Recital 32
(32) Data protection rules at Europol should be strengthened and aligned with other relevant data protection instruments applicable to processing of personal data in the area of police cooperation in the European Union to ensure a high level of protection of individuals with regard to processing of personal data. While Decision 2009/371/JHA provides for a robust data protection regime for Europol, it should be further elaborated to align Europol with the requirements of the Lisbon Treaty, reflect the growing role of Europol, improve the rights of data subjects and further enhance the trust between Member States and Europol which is necessary for a successful exchange of information. Data protection rules at Europol should be strengthened and draw on the principles underpinning Regulation (EC) No 45/200132[1] to ensure a high level of protection of individuals with regard to processing of personal data, as well as on other data protection principles, including accountability principle, data protection impact assessment, privacy by design and by default and notification of personal data breaches. As soon as the new data protection framework of the EU institutions and bodies will be adopted, it should be applicable to Europol. As Declaration 21 attached to the Treaty recognizacknowledges, the specificity nature of the processing of personal data processing in the law enforcement context, the data protection rules of Europol should be autonomous proves necessary that specific rules on the protection of personal data and the free movement of such data are established for Europol based on Article 16 of the Treaty on the Functioning of the European Union and aligned with other relevant data protection instruments applicable in the area of police cooperation in the Union, in particular Convention No. 10833[2] and its Additional Protocol of 8 November 2001 and Recommendation No R(87) of the Council of Europe34[3] and Council Framework Decision 2008/977/JHA on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters35[4] [to be replaced by the relevant Directive in force at the moment of adoption]. Transparency is a crucial part of data protection since it enables other data protection principles and rights to be exercised. To enhance transparency, Europol should have transparent data protection policies that it should make easily publicly available setting out in an intelligible form and using clear and plain language the provisions regarding the processing of personal data and the means available for the exercise of the rights of data subjects, as well as publish a list of the international and cooperation agreements it has with third countries, Union bodies and international organisations.
Amendment 167 #
Proposal for a regulation
Recital 32
Recital 32
(32) Data protection rules at Europol should be strengthened and aligned with other relevant data protection instruments applicable to processing of personal data in the area of police cooperation in the European Union. While Decision 2009/371/JHA provides for a robust data protection regime for Europol, it should be further elaborated to align Europol with the requirements of the Lisbon Treaty, reflect the growing role of Europol, improve the rights of data subjects and further enhance the trust between Member States and Europol which is necessary for a successful exchange of information. Data protection rules at Europol should be strengthened and draw on the principles underpinning Regulation (EC) No 45/200132 to ensure a high level of protection of individuals with regard to processing of personal data. As Declaration 21 attached to the Treaty recognizacknowledges, the specificity of personal data processing in the law enforcement context, the data protection rules of Europol should be autonomous nature of the processing of personal data the law enforcement context proves necessary that specific rules on the protection of personal data and the free movement of such data are established for Europol based on Article 16 of the Treaty on the Functioning of the European Union and aligned with other relevant data protection instruments applicable in the area of police cooperation in the Union, in particular Convention No. 10833 and its Additional Protocol of 8 November 2001 and Recommendation No R(87) of the Council of Europe34 and Council Framework Decision 2008/977/JHA on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters35 [to be replaced by the relevant Directive in force at the moment of adoption].
Amendment 168 #
Proposal for a regulation
Recital 32 a (new)
Recital 32 a (new)
(32a) Transparency is a crucial part of data protection since it enables other data protection principles and rights to be exercised. To enhance transparency, Europol should have transparent data protection policies including the means available for the exercise of the rights of data subjects that it should make easily publicly available, as well as publish a list of the international and cooperation agreements it has with third countries, Union bodies and international organisations.
Amendment 169 #
Proposal for a regulation
Recital 33
Recital 33
(33) As far as possible, pPersonal data should be distinguished according to the degree of their accuracy and reliability. Facts shouldmust be distinguished from personal assessments, in order to ensure both the protection of individuals and the quality and reliability of the information processed by Europol.
Amendment 171 #
Proposal for a regulation
Recital 34
Recital 34
(34) Personal data relating to different categories of data subjects are processed in the area of police co-operation. Europol should make distinctions between personal data of different categories of data subjects as clear as possible. Personal data of persons such as victims, witnesses, persons possessing relevant information as well as personal data of minors should in particular be protected. Therefore, Europol should not process them unless it is strictly necessary for preventing and combating crime within its objectives, and if those data supplement other personal data already processed by Europolbe allowed to process them.
Amendment 172 #
Proposal for a regulation
Recital 35
Recital 35
(35) In the light of fundamental rights to protection of personal data, Europol should not store personal data longer than necessary for the performance of its tasks. At the latest three years after the data has been recorded, the need for the continued storage thereof shall be considered.
Amendment 173 #
Proposal for a regulation
Recital 36
Recital 36
(36) To guarantee the security of personal data, Europol shouldmust implement appropriathe tnechnical and organisationalessary measures.
Amendment 174 #
Proposal for a regulation
Recital 37
Recital 37
(37) Any person should have a right of access to personal data concerning them, to have inaccurate data concerning them rectified and to erase or block data concerning them, if the data is no longer required. The rights of the data subject and the exercise thereof should not affect the obligations placed on Europol and should be subject to the restrictions laid down in this Regulation.
Amendment 175 #
Proposal for a regulation
Recital 38
Recital 38
(38) The protection of the rights and freedoms of data subjects requires a clear attribution of the responsibilities under this Regulation. In particular, Member States should be responsible for accuracy and keeping up to date the data they have transferred to Europol and for the legality of such transfer. Europol should be responsible for accuracy and for keeping the data provided by other data suppliers up to date. Europol shouldmust also ensure that data are processed fairly and lawfully, are collected and processed for a specific purpose, that they are adequate, relevant, not excessive in relation to the purposes for which they are processed, and stored no longer than is necessary for that purpose.
Amendment 176 #
Proposal for a regulation
Recital 39
Recital 39
(39) Europol should keep records of collection, alteration, access, disclosure, combination or erasure of personal data for the purposes of verification of the lawfulness of the data processing, self- monitoring and ensuring proper data integrity and security. Europol ishould be obliged to co-operate with the European Data Protection Supervisor and make the logs or documentation available upon request, so that they can be used for monitoring processing operations.
Amendment 178 #
Proposal for a regulation
Recital 40
Recital 40
(40) Europol should designate a data protection officer to assist it in monitoring compliance with the provisions of this Regulation. The data protection officer should be in a position to perform his/her duties and tasks independently and effectively. The data protection officer should be given the resources necessary to fulfil his tasks.
Amendment 181 #
Proposal for a regulation
Recital 41
Recital 41
(41) In order to guarantee the protection of individuals regarding the processing of personal data, as provided for in Article 8 of the Charter of Fundamental Rights and Article 16 of the Treaty on the Functioning of the European Union, independent, suitably authorised, transparent and responsible supervision and monitoring is necessary. National competent authorities for the supervision of the processing of personal data should monitorand the national data protection authorities should monitor strictly and closely the lawfulness of the processing of personal data by Member States. The European Data Protection Supervisor should monitor strictly and closely the lawfulness of data processing by Europol exercising its functions with complete independence.
Amendment 184 #
Proposal for a regulation
Recital 42
Recital 42
(42) The European Data Protection Supervisor and national supervisory authorities should co-operate closely with each other on specific issues requiring national involvement and to ensure coherent application of this Regulation throughout the Union. The European Data Protection Supervisor should make use of the know-how and experience of the national data protection authorities and involve them in proceedings.
Amendment 187 #
Proposal for a regulation
Recital 44
Recital 44
(44) The European Data Protection Supervisor should hear and investigate complaints lodged by data subjects. The investigation following a complaint should be carried out, subject to judicial review, to the extent that is appropriatenecessary for full elucidation in the specific case. The supervisory authority should immediately inform the data subject of progress and the outcome of the complaint within a reasonable period.
Amendment 189 #
Proposal for a regulation
Recital 57
Recital 57
Amendment 190 #
Proposal for a regulation
Recital 58
Recital 58
Amendment 191 #
Proposal for a regulation
Recital 59
Recital 59
(59) Since the objective of this Regulation, namely the establishment of an entity responsible for law-enforcement cooperation and training at Union level, cannot be sufficiently achieved by the Member States and can, therefore, by reason of the scale and effects of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity, as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary to achieve that objective.
Amendment 193 #
Proposal for a regulation
Article 1 – title
Article 1 – title
Establishment of the European Union Agency for Law Enforcement Cooperation and Training
Amendment 195 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. A European Union Agency for Law Enforcement Cooperation and Training (Europol) is hereby established to improve mutual cooperation among law enforcement authorities in the European Union, to strengthen and support their actions as well as to deliver a coherent European training policy.
Amendment 197 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. Europol, as established by this Regulation, shall replace and succeed Europol as established by Decision 2009/371/JHA, and CEPOL as established by Decision 2005/681/JHA.
Amendment 212 #
Proposal for a regulation
Article 2 – paragraph 1 – point k
Article 2 – paragraph 1 – point k
(k) ‘recipient’ means a natural or legal person, public authority, agency or any other body to whom data are disclosed, whether a third party or not; however, authorities which may receive data in the framework of a particular inquiry shall not be regarded as recipients;
Amendment 214 #
Proposal for a regulation
Article 2 – paragraph 1 – point n
Article 2 – paragraph 1 – point n
(n) „‘the data subject’s consent’ means any freely given specific and informed indication of his/her wishes by which the data subject clearly and unambiguously signifies his/her agreement to personal data relating to him/her being processed; agreement may be withdrawn;
Amendment 218 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Europol shall support and strengthen action by the competent authorities of the Member States and their mutual cooperation in preventing and combating serious crime affecting two or more Member States, terrorism and forms of crime which affect a common interest covered by a Union policy and terrorism, as specified in Annex 1.
Amendment 220 #
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 223 #
Proposal for a regulation
Article 4 – paragraph 1 – point c – introductory part
Article 4 – paragraph 1 – point c – introductory part
(c) to coordinate, and organise and implement investigative and operational action
Amendment 230 #
Proposal for a regulation
Article 4 – paragraph 1 – point i
Article 4 – paragraph 1 – point i
Amendment 235 #
Proposal for a regulation
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
Amendment 237 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. In specific cases where Europol considers that a criminal investigation should be initiated into a crime that falls under its objectives, it shall inform Eurojust.
Amendment 239 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. At the same time, Europol shallmay request the National Units of the Member States concerned established on the basis of Article 7(2) to initiate, conduct or coordinate a criminal investigation.
Amendment 248 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member StatesEuropol shall cooperate with Europolthe Member States in the fulfilment of its tasks.
Amendment 249 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Each Member State shall establish or designate a National Unit which shall be the liaison body between Europol and the competent authorities in Member States as well as with training institutes for law enforcement officers. Each Member State shall appoint an official as the head of the National Unit.
Amendment 252 #
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
Amendment 261 #
Proposal for a regulation
Article 7 – paragraph 5 – point b
Article 7 – paragraph 5 – point b
(b) ensure effective communication and cooperation of all relevant competent authorities of the Member States and training institutes for law enforcement officers within the Member States, with Europol;
Amendment 265 #
Proposal for a regulation
Article 7 – paragraph 9
Article 7 – paragraph 9
9. Member States shall ensure a minimum level ofthe security of all systems used to connect to Europol.
Amendment 273 #
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Liaison officers shall assist in the exchange of information between their Member States and the liaison officers of other Member States in accordance with national law. Europol’s infrastructure may be used, in line with national law, for such bilateral exchanges also to cover crimes outside the objectives of Europol. The Management Board shall determine the rights and obligations of liaison officers in relation to Europol.
Amendment 275 #
Proposal for a regulation
Article 9
Article 9
Amendment 278 #
Proposal for a regulation
Article 10
Article 10
Amendment 280 #
Proposal for a regulation
Article 11
Article 11
Amendment 281 #
Proposal for a regulation
Article 12 – paragraph 1 – point c
Article 12 – paragraph 1 – point c
Amendment 282 #
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. A representative of the parliamentary monitoring committee shall be authorised to attend meetings of the administrative board with observer status. The representative of the parliamentary monitoring committee shall not be entitled to vote.
Amendment 283 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 285 #
Proposal for a regulation
Article 14 – paragraph 1 – point d
Article 14 – paragraph 1 – point d
(d) adopt a consolidated annual activity report on Europol’s activities and send it, by 1 July of the following year, to the European Parliament, the Council, the Commission, the Court of Auditors and, national Parliaments and the European Data-Protection Supervisor. The consolidated annual activity report shall be made public;
Amendment 286 #
Proposal for a regulation
Article 14 – paragraph 1 – point h
Article 14 – paragraph 1 – point h
(h) adopt rules for the prevention and management of conflicts of interest in respect of its members, as well as members of the Scientific Committee for Training;
Amendment 292 #
Proposal for a regulation
Article 14 – paragraph 1 – point n
Article 14 – paragraph 1 – point n
Amendment 295 #
Proposal for a regulation
Article 14 – paragraph 1 – point o
Article 14 – paragraph 1 – point o
(o) ensure adequate follow-up to findings and recommendations stemming from the internal or external audit reports and evaluations, as well as from investigations of the European Anti-fraud Office (OLAF) and the European Data Protection Supervisor;
Amendment 307 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The Management Board shall adopt the annual work programme the latest by 30 November each year, based on a draft put forward by the Executive Director, taking into account the opinion of the Commission and European Parliament. It shall forward it to the European Parliament, the Council, the Commission and, national parliaments and the European Data Protection Supervisor.
Amendment 308 #
Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 2
Article 15 – paragraph 3 – subparagraph 2
Any substantial amendments to the annual work programme shall be adopted by the same procedure as the initial annual work programme. The Management Board may delegate the power to make non-substantial amendments to the annual work programme to the Executive Director.
Amendment 309 #
Proposal for a regulation
Article 15 – paragraph 4 – subparagraph 1
Article 15 – paragraph 4 – subparagraph 1
The Management Board shall also adopt the multi-annual work programme and update it by 30 November each year, taking into account the opinion of the Commission and after consulting the European Parliament and national parliaments, as well as the European Data Protection Supervisor.
Amendment 311 #
Proposal for a regulation
Article 15 – paragraph 4 – subparagraph 2
Article 15 – paragraph 4 – subparagraph 2
The adopted multi-annual work programme shall be forwarded to the European Parliament, the Council, the Commission and, the national Parliaments and the European Data Protection Supervisor.
Amendment 312 #
Proposal for a regulation
Article 17 – paragraph 4 a (new)
Article 17 – paragraph 4 a (new)
4a. A representative of the parliamentary monitoring committee shall be authorised to attend meetings of the adninistrative board with observer status.
Amendment 314 #
Proposal for a regulation
Article 18 – paragraph 4 a (new)
Article 18 – paragraph 4 a (new)
4a. The representative of the parliamentary monitoring committee shall not vote.
Amendment 315 #
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. The Executive Director shall report regularly to the European Parliament on the performance of his/her duties when invited to do so. T. The Council may invite the Executive Director to report on the performance of his/her duties. The European Parliament and the Council may invite the Executive Director to report on the performance of his/her duties.
Amendment 319 #
Proposal for a regulation
Article 20
Article 20
Amendment 323 #
Proposal for a regulation
Article 21
Article 21
Amendment 325 #
Proposal for a regulation
Article 22
Article 22
Amendment 334 #
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Europol may directly retrieve and process information, including personal data, from publicly available sources, such as the media, including the internet and public data, where it is strictly necessary and proportionate for the purpose of performing its task.
Amendment 338 #
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
3. Europol may retrieve and process information, including personal data, from information systems, of a national, Union or international nature, including by means of computerised direct access, in so far as authorised by Union, international or national legal instruments. The applicable provisions of such Union, international or national legal instruments shall govern the access to and use of that information by Europol insofar as they provide for stricter rules on access and use than those of this Regulation. The access to such information systems shall be granted only to duly authorised staff of Europol as far as this is necessary for the performance of their tasks.
Amendment 339 #
Proposal for a regulation
Article 23 – paragraph 3
Article 23 – paragraph 3
3. Europol may retrieve and process information, including personal data, from information systems, of a national, Union or international nature, including by means of computerised direct access, in so far as authorised by Union, or international or national legal instruments and where the necessity and proportionality of such access for the performance of a task falling under Europol's mandate can be demonstrated. The applicable provisions of such Union, or international or national legal instruments shall govern the access to and use of that information by Europol insofar as they provide for stricter rules on access and use than those of this Regulation. They shall lay down the objectives of that specific processing, the categories of personal data to be processed, the purposes and means of the processing and the procedure to be followed for the retrieval and further processing of the personal data. The access to such information systems shall be granted only to duly authorised staff of Europol as far as this is strictly necessary and proportionate for the performance of theirits tasks. .
Amendment 349 #
Proposal for a regulation
Article 24 – paragraph 1 – subparagraph 4 a (new)
Article 24 – paragraph 1 – subparagraph 4 a (new)
Personal data may only be processed for the purposes of point (b) when their use is strictly necessary and duly justified.
Amendment 350 #
Proposal for a regulation
Article 24 – paragraph 1 a (new)
Article 24 – paragraph 1 a (new)
Amendment 356 #
Proposal for a regulation
Article 24 – paragraph 2 a (new)
Article 24 – paragraph 2 a (new)
2a. Europol may temporarily process data for the purpose of determining whether such data are relevant to its tasks and for what purpose referred to under paragraph 1. The Management Board, acting on a proposal from the Director and after consulting the European Data Protection Supervisor, shall determine the conditions relating to the processing of such data, in particular with respect to access to and the use of the data, as well as time limits for the storage and deletion of the data that may not exceed six months, having due regard to the principles referred to in Article 34.
Amendment 360 #
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. A Member State, a Union body, a third country or an international organisation providing information to Europol determines the purpose for which it shall be processed as referred to in Article 24. If it has not done so, Europol shall determine relevance of such information as well as the purpose for which it shall be processed. Europol may process information for a different purpose than the one for which information has been provided only if explicitly authorised by the data provider.
Amendment 361 #
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. A Member State, a Union body, a third country or an international organisation providing information to Europol determines the specific and well defined purpose for which it shall be processed as referred to in Article 24. If it has not done so, Europol shall determine relevance of such information as well as the purpose for which it shall be processed. Europol may process information for a different specific and explicit purpose than the one for which information has been provided only if expressly authorised by the data provider, in accordance with its applicable law.
Amendment 363 #
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
Amendment 365 #
Proposal for a regulation
Article 25 a (new)
Article 25 a (new)
Article 25a Data Protection impact assessment Prior to any set of processing of personal data, Europol shall carry out an assessment of the impact of the envisaged processing systems and procedures on the protection of personal data and notify it to the European Data Protection Supervisor. The assessment shall contain at least a general description of the envisaged processing operations, an assessment of the risks to the rights and freedoms of data subjects, the measures envisaged to address those risks, safeguards, security measures and mechanisms to ensure the protection of personal data and to demonstrate the compliance with the provisions in this Regulation, taking into account the rights and legitimate interests of the data subjects and other persons concerned.
Amendment 373 #
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. Member States shall have indirect access on the basis of a hit/no hit system to information provided for the a specific purposes of under Article 24(1)(c), without prejudice to any restrictions indicated by the Member States, Union bodies and third countries or international organisations providing the information, in accordance with Article 25(2). In the case of a hit, Europol shall initiate the procedure by which the information that generated the hit may be shared, in accordance with the decision of the Member State that provided the information to Europol, Union body, third country or international organisation that provided the information to Europol and to the extent that the data that generated the hit are necessary for the legitimate performance of their tasks.
Amendment 375 #
Proposal for a regulation
Article 26 – paragraph 2 a (new)
Article 26 – paragraph 2 a (new)
2a. Europol shall keep detailed records of all hits in accordance with Article 43.
Amendment 381 #
Proposal for a regulation
Article 28 – paragraph 1 – subparagraph 1
Article 28 – paragraph 1 – subparagraph 1
If Europol, in accordance with its task pursuant to Article 4(1)(b), needs to inform a Member State about information concerning it, and that information is subject to access restrictions pursuant to Article 25(2), that would prohibit sharing it, Europol shall consult with the data provider stipulating the access restriction and seekask for its authorisation for sharing.
Amendment 382 #
Proposal for a regulation
Article 28 – paragraph 1 – subparagraph 2
Article 28 – paragraph 1 – subparagraph 2
Without such anexplicit authorisation, the information shall not be shared.
Amendment 384 #
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. In so far as necessary for the performance of its tasks, Europol may establish and maintain cooperative relations with the Union bodies in accordance with the objectives of those bodies, the law enforcement authorities of third countries, law enforcement training institutes of third countries, international organisations and private parties.
Amendment 389 #
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
4. Without prejudice to Article 36(4), personal data shall only be transferred by Europol to Union bodies, third countries and international organisations, if this is necessary for preventing and combating crime that falls under Europol's objectivetasks and in accordance with this Chapter and if the recipient gives an undertaking that the data shall be used solely for the purpose for which they were transmitted. If the data to be transferred have been provided by a Member State, Europol shall seek that Member State's consent, unless: (a) the authorisation can be assumed as the Member State has not expressly prior explimcited the possibility of onward transfers; or (b) consent, unless the Member State has granted its prior authorisation to such onward transfer, either in general terms or subject to specific conditions. Such consent may be withdrawn any moment.
Amendment 394 #
Proposal for a regulation
Article 29 – paragraph 4 – point a
Article 29 – paragraph 4 – point a
Amendment 398 #
Proposal for a regulation
Article 29 – paragraph 5
Article 29 – paragraph 5
5. Onward transfers of personal data by Member States, Union bodies, third countries and international organizations shall be prohibited unless Europol has given its prior explicit consent and the recipient gives an undertaking that the data shall be used solely for the purpose for which they were transmitted.
Amendment 401 #
Proposal for a regulation
Article 29 – paragraph 5 a (new)
Article 29 – paragraph 5 a (new)
5a. Whenever data is transferred, the purpose of the data processing shall be explicitly stated and adequacy and proportionality shall be respected.
Amendment 402 #
Proposal for a regulation
Article 29 – paragraph 5 a (new)
Article 29 – paragraph 5 a (new)
5a. Europol shall keep detailed records of all transfers of personal data and their grounds.
Amendment 403 #
Proposal for a regulation
Article 29 a (new)
Article 29 a (new)
Article 29a Respect of fundamental rights Any information which has been obtained by a third country, international organization or private party in violation of fundamental rights, as enshrined in the EU Charter of Fundamental Rights, shall not be processed.
Amendment 408 #
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 1 – introductory part
Article 31 – paragraph 1 – subparagraph 1 – introductory part
In exceptional cases Europol may transfer personal data to an authority of a third country or to an international organisation, in so far as this is necessary for it to perform its tasks, on the basis of:
Amendment 413 #
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 2
Article 31 – paragraph 1 – subparagraph 2
Amendment 417 #
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 3 a (new)
Article 31 – paragraph 1 – subparagraph 3 a (new)
Where personal data is exchanged with third countries and international organisations, there must be an appropriate balance between the need for effective law enforcement and the protection of personal data.
Amendment 418 #
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 3 a (new)
Article 31 – paragraph 1 – subparagraph 3 a (new)
The European Data Protection Supervisor shall be consulted in a timely manner before and during the negotiations of an international agreement referred to in point (b). Europol shall make publicly available a regular updated list of international and cooperation agreements it has with third countries and international organisations.
Amendment 426 #
Proposal for a regulation
Article 31 – paragraph 2 – subparagraph 1 – point b
Article 31 – paragraph 2 – subparagraph 1 – point b
(b) the transfer of the data is absolutely necessary in the interests oforder to preventing an imminent dangerd serious threat to public security of a Member State or a third country, associated with serious crime or terrorist offences;
Amendment 430 #
Proposal for a regulation
Article 31 – paragraph 2 – subparagraph 1 – point c
Article 31 – paragraph 2 – subparagraph 1 – point c
(c) the transfer is otherwise necessary or legally required oin important public interest grounds, oran individual case for the establishment, exercise or defence of legal claims relating to the prevention, investigation, detection or prosecution of a specific criminal offence; or
Amendment 443 #
Proposal for a regulation
Article 32 – paragraph 1 – introductory part
Article 32 – paragraph 1 – introductory part
1. In so far as necessary for Europol to perform its tasks, Europol may process personal data originating from private parties on condition that are receivedthey are not received directly from the private parties but only via:
Amendment 444 #
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
3. Europol shall not contact private parties directly to retrieve personal data.
Amendment 446 #
Proposal for a regulation
Article 32 – paragraph 4
Article 32 – paragraph 4
Amendment 447 #
Proposal for a regulation
Article 33 – paragraph 3
Article 33 – paragraph 3
3. Europol shall not contact private persons directly to retrieve information.
Amendment 450 #
Proposal for a regulation
Article 34 – paragraph 1 – point a
Article 34 – paragraph 1 – point a
(a) processed fairly and lawfully and in a transparent and verifiable manner in relation to the data subject;
Amendment 452 #
Proposal for a regulation
Article 34 – paragraph 1 – point c
Article 34 – paragraph 1 – point c
(c) adequate, relevant, and not exlimited to the minimum necessiveary in relation to the purposes for which they are processed;
Amendment 455 #
Proposal for a regulation
Article 34 – paragraph 1 – point d
Article 34 – paragraph 1 – point d
(d) accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay;
Amendment 457 #
Proposal for a regulation
Article 34 – paragraph 1 – point e a (new)
Article 34 – paragraph 1 – point e a (new)
(ea) kept in a form which permits complete deletion.
Amendment 458 #
Proposal for a regulation
Article 34 – paragraph 1 – point e b (new)
Article 34 – paragraph 1 – point e b (new)
(eb) processed only by duly authorized staff who needs them for the performance of their task
Amendment 460 #
Proposal for a regulation
Article 34 – paragraph 1 – point e c (new)
Article 34 – paragraph 1 – point e c (new)
(ec) processed in a way that effectively allows for the data subject to exercise his/her rights.
Amendment 461 #
Proposal for a regulation
Article 34 – paragraph 1a (new)
Article 34 – paragraph 1a (new)
1a. Europol shall make publicly available a document setting out in an intelligible form the provisions regarding the processing of personal data and the means available for the exercise of the rights of data subjects.
Amendment 466 #
Proposal for a regulation
Article 35 – paragraph 1 – introductory part
Article 35 – paragraph 1 – introductory part
1. The source of information originating from a Member State shall be assessed as far as possible by the providing Member State using the following source evaluation codes:
Amendment 472 #
Proposal for a regulation
Article 35 – paragraph 4
Article 35 – paragraph 4
4. Where Europol receives information from a Member State without an assessment, Europol shall attempt as far as possible to assess the reliability of the source or the information on the basis of information already in its possession. The assessment of specific data and information shall take place in agreement with the supplying Member State. A Member State may also agree with Europol in general terms on the assessment of specified types of data and specified sources. If no agreement is reached in a specific case, or no agreement in general terms exists, Europol shall evaluate the information or data and shall attribute to such information or data the evaluation codes (X) and (4), referred to in paragraphs 1 and 2.
Amendment 475 #
Proposal for a regulation
Article 35 – paragraph 6
Article 35 – paragraph 6
6. Information from publicly-available sources shall be assessed by Europol using the evaluation codes set out in paragraphs 1 and 2.. Where the accuracy of the information and the reliability of its source cannot be corroborated by other reliable sources, Europol shall attribute to such information the evaluation code (X) and (4) referred to in paragraphs 1 and 2.
Amendment 478 #
Proposal for a regulation
Article 36 – paragraph 1
Article 36 – paragraph 1
1. Processing of personal data on victims of a criminal offence, witnesses or other persons who can provide information on criminal offences, or on persons under the age of 18 shall be prohibited unless it is strictly necessary and duly justified for preventing or combating crime that falls under Europol's objectives.
Amendment 481 #
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
2. Processing of personal data, by automated or other means, revealing racial or ethnic origin, political opinions, religion or beliefs, trade-union membership and of data concerning health or sex life shall be prohibited, unless it is strictly necessary and duly justified for preventing or combating crime that falls under Europol's objectives and if those data supplement other personal data already processed by Europol.
Amendment 483 #
Proposal for a regulation
Article 36 – paragraph 4
Article 36 – paragraph 4
4. No decision which produces legal effects concerning a data subject shall be based solely on automated processing of data referred to in paragraph 2, unless the decision is expressly authorised pursuant to national or Union legislation or, if necessary, by the European Data Protection Supervisor.
Amendment 492 #
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. Personal data processed by Europol shall be stored by Europol only as long as necessary for the achievement of its objectives.purpose for which data are processed
Amendment 494 #
Proposal for a regulation
Article 37 – paragraph 6 – point a
Article 37 – paragraph 6 – point a
(a) this would damage the interests of a data subject who requires protection. In such cases, the data shall be used only with the express consent of the data subject.
Amendment 495 #
Proposal for a regulation
Article 37 – paragraph 6 – point a
Article 37 – paragraph 6 – point a
(a) this would damage the interests of a data subject who requires protection. In such cases, the data shall be used only with the express and written consent of the data subject.
Amendment 496 #
Proposal for a regulation
Article 37 – paragraph 6 – point c
Article 37 – paragraph 6 – point c
(c) the personal data have to be maintained for purposes of proof; or for the establishment, exercise or defence of legal claims
Amendment 497 #
Proposal for a regulation
Article 37 a (new)
Article 37 a (new)
Article 37a Data protection by design and by default 1. Europol shall implement appropriate technical and organisational measures and procedures in such a way that the processing will meet the requirements of provisions adopted pursuant to this Regulation and ensure the protection of the rights of the data subject. 2. Europol shall implement mechanisms for ensuring that, by default, only those personal data which are necessary for the purposes of the processing are processed.
Amendment 501 #
Proposal for a regulation
Article 38 a (new)
Article 38 a (new)
Article 38a Notification of a personal data breach to the European Data Protection Supervisor 1. In the case of a personal data breach, Europol shall notify, without undue delay and, where feasible, not later than 24 hours after having become aware of it, the personal data breach to the European Data Protection Supervisor. Europol shall provide, on request, a reasoned justification in cases where the notification is not made within 24 hours. 2. The notification referred to in paragraph 1 shall at least: (a) describe the nature of the personal data breach including the categories and number of data subjects concerned and the categories and number of data records concerned; (b) recommend measures to mitigate the possible adverse effects of the personal data breach; (c) describe the possible consequences of the personal data breach; (d) describe the measures proposed or taken by the controller to address the personal data breach. 3. Europol shall document any personal data breaches, comprising the facts surrounding the breach, its effects and the remedial action taken, enabling the European Data Protection Supervisor to verify compliance with this Article.
Amendment 502 #
Proposal for a regulation
Article 38 b (new)
Article 38 b (new)
Article 38b Communication of a personal data breach to the data subject 1. Where a personal data breach referred to in Article 38a is likely to adversely affect the protection of the personal data or privacy of the data subject, Europol shall, communicate the personal data breach to the data subject without undue delay. 2. The communication to the data subject referred to in paragraph 1 shall describe the nature of the personal data breach and contain the identity and contact details of the data protection officer referred to in Article 44. 3. The communication of a personal data breach to the data subject shall not be required if Europol demonstrates to the satisfaction of the European Data Protection Supervisor that it has implemented appropriate technological protection measures, and that those measures were applied to the personal data concerned by the personal data breach. Such technological protection measures shall render the data unintelligible to any person who is not authorised to access it. 4. The communication to the data subject may be delayed, restricted or omitted where it is necessary and proportionate measure with due regard for the legitimate interests of the person concerned: (a) to avoid obstructing official or legal inquiries, investigations or procedures; (b) to avoid prejudicing the prevention, detection, investigation and prosecution of criminal offences or for the execution of criminal penalties; (c) to protect public and national security; (d) protect the rights and freedoms of third parties.
Amendment 511 #
Proposal for a regulation
Article 39 – paragraph 1 – point c a (new)
Article 39 – paragraph 1 – point c a (new)
(ca) an indication of the legal basis for processing the data.
Amendment 512 #
Proposal for a regulation
Article 39 – paragraph 1 – point c b (new)
Article 39 – paragraph 1 – point c b (new)
(cb) existence of the right to request from Europol rectification, erasure or restriction of processing of personal data;
Amendment 517 #
Proposal for a regulation
Article 39 – paragraph 2
Article 39 – paragraph 2
2. Any data subject wishing to exercise the right of access to personal data may make a request to that effect without excessive costs to the authority appointed for this purpose in the Member State of his/her choice. That authority shall refer the request to Europol without delay and in any case within one month of receipt. Europol shall confirm receipt of the request.
Amendment 524 #
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
1. Any data subject shall have the right to ask Europol to rectify personal data relating to him/her if they are incorrect and, where this is possible and necessary, to complete or update them.
Amendment 525 #
Proposal for a regulation
Article 40 – paragraph 2
Article 40 – paragraph 2
2. Any data subject shall have the right to ask Europol to erase personal data relating to him/her, if they are no longer required for the purposes for which they are lawfully collected or are lawfully further processed.
Amendment 527 #
Proposal for a regulation
Article 40 – paragraph 4
Article 40 – paragraph 4
4. If data as described in paragraphs 1, 2 and 3 held by Europol have been provided to it by third countries, international organisations, or are the results of Europol's own analyses, Europol shall rectify, erase or block such data and inform, where relevant, the originators of the data.
Amendment 529 #
Proposal for a regulation
Article 41 – paragraph 1 a (new)
Article 41 – paragraph 1 a (new)
1a. Europol shall store personal data in such a way that they can be rectified and erased.
Amendment 535 #
Proposal for a regulation
Article 41 – paragraph 5
Article 41 – paragraph 5
5. In case of a transfer between Europol and a Union body, the responsibility for the legality of the transfer shall lie with Europol. Without prejudice to the preceding sentence, where the data are transferred by Europol following a request from the recipient, both Europol and recipient shall bear the responsibility for the legality of this transfer. In addition, Europol shall be responsible for all data processing operations carried out by it. Europol shall verify the competence of the recipient and evaluate the necessity for the transfer of the data. If doubts arise as to this necessity, Europol shall seek further information from the recipient. The recipient shall ensure that the need for the transfer of the data can be verified. The recipient shall process the personal data only for the purposes for which they were transmitted.
Amendment 556 #
Proposal for a regulation
Article 44 – paragraph 7 – point f a (new)
Article 44 – paragraph 7 – point f a (new)
(fa) keeping a register of all processing operations carried out by Europol, including, where relevant, information regarding the purpose, data categories, recipients, time limits for blocking and erasure, transfers to third countries or international organisations and security measures;
Amendment 558 #
Proposal for a regulation
Article 44 – paragraph 7 – point f b (new)
Article 44 – paragraph 7 – point f b (new)
(fb) keeping a register of incidents and security breaches affecting operational or administrative personal data;
Amendment 564 #
Proposal for a regulation
Article 44 – paragraph 11 a (new)
Article 44 – paragraph 11 a (new)
11a. The Data Protection Officer shall be provided with the resources necessary for the performance of his/her tasks.
Amendment 576 #
Proposal for a regulation
Article 46 – paragraph 2 – point b
Article 46 – paragraph 2 – point b
(b) conduct inquiries either on his/her own initiative or on the basis of a complaint, and inform the data subjects of the outcome within a reasonable periodout delay;
Amendment 597 #
Proposal for a regulation
Article 46 – paragraph 5
Article 46 – paragraph 5
5. The European Data Protection Supervisor shall draw up an annual report on the supervisory activities on Europol. This report shall be part of the annual report of the European Data Protection Supervisor referred to in Article 48 of Regulation (EC) No 45/2001. This report shall include statistical information regarding complaints, inquiries, investigations, the processing of sensitive information, transfers of personal data to third countries and international organisations, prior checking and notifications, and the use of the powers referred to in paragraph 3. This report shall be sent to the European Parliament, the Council, the Commission and the national data protection authorities. On the basis of this report, the European Parliament and the Council may request the European Data Protection Supervisor to undertake additional action to ensure the application of the provisions of this Regulation.
Amendment 626 #
Proposal for a regulation
Article 53 – paragraph -1 (new)
Article 53 – paragraph -1 (new)
(-1) The Parliamentary Scrutiny Unit The mechanism for the control of Europol's activities by the European Parliament, together with national Parliaments, shall take the form of a small specialised structure - the Parliamentary Scrutiny Unit - comprising of the Members of the competent committee of the European Parliament and of one representative of the relevant competent committee of the national parliament of each of the Member States.
Amendment 627 #
Proposal for a regulation
Article 53 – paragraph -1 a (new)
Article 53 – paragraph -1 a (new)
(-1a) This Parliamentary Scrutiny Unit shall always sit at the seat of the European Parliament, and shall be convened by the Chair of the European Parliament's competent committee. It shall be co-chaired by the Chair of the competent committee of the European Parliament and the representative from the national Parliament of the Member State holding the rotating Council Presidency.
Amendment 633 #
Proposal for a regulation
Article 54 – paragraph 2
Article 54 – paragraph 2
2. Access to European Union Classified Information and sensitive non-classified information shall be in compliance with the basic principles and minimum standards as referred to in Article 69. Trules governing the treatment of confidential information by the European Parliament. Further details shallmay be governed by a working arrangement concluded between Europol and the European Parliament.
Amendment 642 #
Proposal for a regulation
Article 57 – paragraph 1
Article 57 – paragraph 1
1. Four Deputy Executive Directors, including one responsible for training, shall assist the Executive Director. The Deputy Executive Director for Training shall be responsible for managing the Europol Academy and its activities shall assist the Executive Director. The Executive Director shall define the tasks of the others.
Amendment 643 #
Proposal for a regulation
Article 63 – paragraph 2
Article 63 – paragraph 2
Amendment 646 #
Proposal for a regulation
Article 73 – paragraph 1
Article 73 – paragraph 1
1. Europol, as established by this Regulation, shall be the general legal successor in respect of all contracts concluded by, liabilities incumbent on, and properties acquired by Europol, as established by Decision 2009/371/JHA, and CEPOL, as established under Decision 2005/681/JHA.
Amendment 648 #
Proposal for a regulation
Article 73 – paragraph 3
Article 73 – paragraph 3
Amendment 649 #
Proposal for a regulation
Article 73 – paragraph 4
Article 73 – paragraph 4
Amendment 651 #
Proposal for a regulation
Article 73 a (new)
Article 73 a (new)
Amendment 653 #
Proposal for a regulation
Article 74 – paragraph 1
Article 74 – paragraph 1
Amendment 655 #
Proposal for a regulation
Article 75 – paragraph 4
Article 75 – paragraph 4
Amendment 656 #
Proposal for a regulation
Article 76 – paragraph 1
Article 76 – paragraph 1
Amendment 658 #
Proposal for a regulation
Article 77 – paragraph 1
Article 77 – paragraph 1
This Regulation replaces and repeals Decision 2009/371/JHA and Decision 2005/681/JHA.
Amendment 660 #
Proposal for a regulation
Article 78 – paragraph 1
Article 78 – paragraph 1
1. All legislative measures implementing the Decisions 2009/371/JHA and Decision 2005/681/JHA are repealed with effect from the date of application of this Regulation.
Amendment 662 #
Proposal for a regulation
Article 78 – paragraph 2
Article 78 – paragraph 2
2. All non-legislative measures implementing Decision 2009/371/JHA which sets up the European Police Office (Europol) and Decision 2005/681/JHA which sets up CEPOL shall remain in force following the [date of application of this Regulation], unless otherwise decided by the Management Board of Europol in the implementation of this Regulation..