24 Amendments of Fabio Massimo CASTALDO related to 2013/0256(COD)
Amendment 195 #
Proposal for a regulation
Recital 5
Recital 5
(5) Whilst tThe European Public Prosecutor’s Office should have exclusive competence to investigate and prosecute crimes affecting the Union’s financial interests, Eurojust should be able to support national authorities wh. However, given the specific structure of the European Public Prosecutor’s Office and the limited extent they are investigating and prosecuting these forms of crime in accordance with the Regulation establishing the European Public Prosecutor’s Officeo which Member States participate in it, it is necessary to review the competences and role of Eurojust with a view to ensuring cooperation between all Member States to effectively prosecute crimes affecting the Union’s financial interests.
Amendment 197 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) The European Public Prosecutor’s Office and Eurojust should develop close operational cooperation in line with their respective mandates. That cooperation should be triggered at the request of the European Public Prosecutor’s Office, and may relate to any investigation conducted by the European Public Prosecutor’s Office which necessitates an exchange of information or coordination of the investigation on matters where Eurojust has responsibility. The operational cooperation may also involve third countries that have a cooperation agreement with Eurojust.
Amendment 199 #
Proposal for a regulation
Recital 12
Recital 12
(12) It is necessary to provide Eurojust with an administrative and management structure that allows it to perform its tasks more effectively and respects the principles applicable to Union agencies as set out in the joint statement of the European Parliament, the Council and the Commission on decentralised agencies of the Union of 19 July 2012, whilst maintaining Eurojust’s special characteristics and safeguarding its independence in the exercise of its operational functions. To this end, the functions of the national members, the College and the Administrative Director should be clarified and an Executive Board established.
Amendment 225 #
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Eurojust’s competence shall cover the forms of crime listed in Annex 1. However, its competence shall not include the crimes for which the European Public Prosecutor’s Office is competentThe forms of crime for which the European Public Prosecutor’s Office is competent shall not fall within the competence of Eurojust, but this shall only apply where they involve members participating in the European Public Prosecutor’s Office. Where they involve Member States not participating in the European Public Prosecutor’s Office, or third countries, at the request of the European Public Prosecutor’s Office or a Member State, Eurojust may, through the national members: (a) share information, including personal data, relating to ongoing investigations, in accordance with the provisions of this Regulation; (b) provide support in forwarding decisions of the European Public Prosecutor’s Office or requests for assistance and execution in Member States which are members of Eurojust but which are not part of the European Public Prosecutor’s Office, or in third countries.
Amendment 247 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Each national member shall be assisted by one deputy and by an Assistant. The deputy and the Assistant shall have their regular place of work at Eurojust. More deputies or Assistants may assist the national member and may, if necessary and with the agreement of the College, have their regular place of work at Eurojust.
Amendment 248 #
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. Each national member, his or her deputy and the assistants shall remain in office for five years. That term may be renewed once, for a further five years.
Amendment 252 #
Proposal for a regulation
Article 8 – paragraph 1 – point b a (new)
Article 8 – paragraph 1 – point b a (new)
(ba) directly contact and exchange information with the European institutions, the decentralised agencies and the competent bodies of the European Union;
Amendment 254 #
Proposal for a regulation
Article 8 – paragraph 2 – point a a (new)
Article 8 – paragraph 2 – point a a (new)
(aa) issue and execute any request for mutual assistance or mutual recognition of judicial decisions;
Amendment 260 #
Proposal for a regulation
Article 10 – paragraph 1 – point b
Article 10 – paragraph 1 – point b
(b) all the national members and, two representatives of the Commission and a member appointed by Parliament when the College exercises its management functions under Article 14.
Amendment 265 #
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The term of office of the members and their deputies shall be at least fourfive years, renewable once. Upon expiry of their term of office or in the event of their resignation, members shall remain in office until their term is renewed or until they are replaced.
Amendment 266 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. The College shall elect a President and two Vice-Presidents from among the national members by a two thirds majority of its members. , following consultation with the European Parliament, which shall express its non-binding opinion.
Amendment 267 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. The term of office of the President and the Vice-Presidents shall be fourive years. They may be re-elected once. When a national member is elected President or Vice-President of Eurojust, his or her term of office as national member shall be extended to ensure he or she can fulfil his or her function as President or Vice- President.
Amendment 268 #
Proposal for a regulation
Article 11 – paragraph 3 a (new)
Article 11 – paragraph 3 a (new)
3a. The College may, acting on a proposal from Parliament or on its own initiative, dismiss the President and Vice- Presidents.
Amendment 270 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The College shall hold at least one operational meeting per month. To exercise its management functions, the College shall hold at least two ordinary meetings a year. In addition, it shall meet on the initiative of the President, at the request of the Commission and the European Parliament, or at the request of at least one third of its members.
Amendment 289 #
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
Amendment 292 #
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
Amendment 293 #
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
Amendment 294 #
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
Amendment 295 #
Proposal for a regulation
Article 17 – paragraph 7
Article 17 – paragraph 7
Amendment 296 #
Proposal for a regulation
Article 17 a (new)
Article 17 a (new)
Amendment 329 #
Proposal for a regulation
Article 27 – paragraph 5
Article 27 – paragraph 5
5. Regulation (EC) No 45/2001 shall apply to the processing of personal data by Eurojust in the context of its activities. This Regulation particularises and complements Regulation (EC) No 45/2001 in as far as personal data processed by Eurojust for its operational tasks are concerned.
Amendment 390 #
4. The cooperation established in accordance with paragraph 1 shall entail the exchange of information, including personal data. Any data thus exchanged shall only be used for the purposes for which it was provided. Any other usage of the data shall only be allowed in as far as such usage falls within thIn cases which involve Member States not participating in the European Public Prosecutor’s Office, or third countries, at the request of the European Public Prosecutor’s Office or a Member State, Eurojust may, through the national members: (a) share information, including personal data, relating to ongoing investigations, in accordance with the provisions of this Regulation; (b) provide support in forwarding decisions of the European Public Prosecutor’s Office or requests for assistance mandate of the body receiving the data, and subject to the prior authorisation of the body which provided the data execution in Member States which are members of Eurojust but which are not part of the European Public Prosecutor’s Office, or in third countries.
Amendment 393 #
Proposal for a regulation
Article 41 – paragraph 7 – subparagraph 1 – introductory part
Article 41 – paragraph 7 – subparagraph 1 – introductory part
Eurojust shall support the functioning of the European Public Prosecutor’s Office through services to be supplied by its staff. Such support shall be detailed in a separate agreement between Eurojust and the European Public Prosecutor’s Office, and shall in any case include:
Amendment 394 #
Proposal for a regulation
Article 41 – paragraph 7 – subparagraph 2
Article 41 – paragraph 7 – subparagraph 2