32 Amendments of Luke Ming FLANAGAN related to 2013/0256(COD)
Amendment 22 #
Proposal for a regulation
Recital 3
Recital 3
(3) Article 85 of the Treaty also provides that Eurojust’s mission shall be to support and strengthen coordination and cooperation between national investigating and prosecuting authorities in relation to serious crime affecting two or more Member States or requiring a prosecution on common bases, and in particular ‘white-collar’ crime, on the basis of operations conducted and information supplied by the Member States’ authorities and by Europol.
Amendment 32 #
Proposal for a regulation
Recital 22
Recital 22
(22) Eurojust should be authorised to process certain personal data on persons who, under the national legislation of the Member States concerned, are strongly suspected of having committed or having taken part in a criminal offence in respect of which Eurojust is competent, or who have been convicted of such an offence. It is not intended that Eurojust carry out an automated comparison of DNA profiles or fingerprints.
Amendment 33 #
Proposal for a regulation
Recital 23
Recital 23
(23) Eurojust should be given theonly very limited and strictly controlled opportunity to extend the deadlines for storage of personal data, subject to observance of the purpose limitation principle applicable to processing of personal data in the context of all activities of Eurojust, in order to achieve its objectives. Such decisions should be taken following careful consideration of all interests at stake, including those of the data subjects. Any extension of deadlines for processing personal data, where prosecution is statute barred in all Member States concerned, should be decided only where there is a specific need to provide assistance under this Regulation.
Amendment 35 #
Proposal for a regulation
Recital 27
Recital 27
(27) Eurojust should be able to exchange personal data with other Union bodies but only to the extent necessary for the accomplishment of its tasks.
Amendment 37 #
Proposal for a regulation
Recital 30
Recital 30
(30) To guarantee the full autonomy and independence of Eurojust, it should be granted an autonomous budget sufficient to properly carry out its work, with revenue coming essentially from a contribution from the budget of the Union, except as regards the salaries and emoluments of the national members and assisting persons, which are borne by their Member State of origin. The Union budgetary procedure should be applicable as far as the Union contribution and other subsidies chargeable to the general budget of the Union are concerned. The auditing of accounts should be undertaken by the Court of Auditors.
Amendment 41 #
Proposal for a regulation
Recital 37
Recital 37
(37) Since the objective of this Regulation, namely the setting up of an entity responsible for supporting and strengthening coordination and cooperation between judicial authorities of the Member States in relation to serious crime affecting two or more Member States (in particular white-collar crime, where very specific expertise is required) or requiring a prosecution on common bases, 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 in order to achieve that objective.
Amendment 42 #
1. Eurojust shall support and strengthen coordination and cooperation between national investigating and prosecuting authorities in relation to serious crime affecting two or more Member States (in particular white-collar crime, an area in which very specific expertise is required, such as forensic accounting/auditing investigation), or requiring a prosecution on common bases, on the basis of operations conducted and information supplied by the Member States’ authorities and by Europol.
Amendment 54 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Unless stated otherwise, and where a consensus cannot be reached, the College shall take its decisions by a majority of its members.
Amendment 56 #
Proposal for a regulation
Article 14 – paragraph 1 – point f
Article 14 – paragraph 1 – point f
(f) adopt rules for the detection and prevention andor management of conflicts of interest in respect of its members;
Amendment 78 #
Proposal for a regulation
Article 27 – paragraph 4
Article 27 – paragraph 4
4. Personal data, processed by automated or other means, revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, and data concerning health or sex life may be processed by Eurojust only when such data are strictly necessary for the national investigations concerned as well as for coordination within Eurojust and if they supplement other personal data already processed. The Data Protection Officer shall be informed immediately of recourse to this paragraph and his or her opinion on this usage should be requested and respected. Such data may not be processed in the Index referred to in Article 24(4). Where such other data refer to witnesses or victims within the meaning of paragraph 3, the decision to process them shall be taken by the College.
Amendment 79 #
Proposal for a regulation
Article 28 – paragraph 1 – point c
Article 28 – paragraph 1 – point c
(c) threone years after the date on which the judicial decision of the last of the Member States concerned by the investigation or prosecutions became final;
Amendment 80 #
Proposal for a regulation
Article 28 – paragraph 1 – point e
Article 28 – paragraph 1 – point e
(e) threone years after the date on which data were transmitted in accordance with Article 21(6) or (7).
Amendment 81 #
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. For the purposes of verification of the lawfulness of the data processing, self- monitoring and ensuring proper data integrity and security, Eurojust shall keep records of any collection, alteration, access, disclosure, combination or erasure of personal data used for operational purposes. Such logs or documentation shall be deleted after 1836 months, unless the data are further required for on-going control.
Amendment 82 #
Proposal for a regulation
Article 31 – paragraph 2 – point b
Article 31 – paragraph 2 – point b
(b) cooperate with and advise Eurojust staff responsible for procedures, training and advice on data processing;
Amendment 83 #
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. Eurojust shall be liable, in accordance with Article 340 of the Treaty, for any damage and for any contingency damage caused to an individual which results from unauthorised or incorrect processing of data carried out by it.
Amendment 84 #
Proposal for a regulation
Article 37 – paragraph 3
Article 37 – paragraph 3
3. Each Member State shall be liable, in accordance with its national law, for any damage and for any contingency damage caused to an individual, which results from unauthorised or incorrect processing carried out by it of data which were communicated to Eurojust.
Amendment 85 #
Proposal for a regulation
Article 38 – paragraph 2
Article 38 – paragraph 2
2. IOnly in so far as relevant to the performance of its tasks and subject to any restriction stipulated pursuant to Article 21(8), Eurojust may directly exchange all information, with the exception of personal data, with the entities referred to in paragraph 1.
Amendment 86 #
Proposal for a regulation
Article 38 – paragraph 3
Article 38 – paragraph 3
3. Eurojust may, in accordance with Article 4 of Regulation (EC) No 45/2001, receive and process personal data received from the entities referred to in paragraph 1 only in so far as necessary for the performance of its tasks and subject to the provisions of Section IV.
Amendment 101 #
Proposal for a regulation
Article 45 – paragraph 2 – introductory part
Article 45 – paragraph 2 – introductory part
2. By way of derogation from paragraph 1, Eurojust may authorise the transfer of personal data to third countries or international organisations or Interpol on a case-by-case basis ifonly if one or more of the following conditions are met:
Amendment 102 #
Proposal for a regulation
Article 45 – paragraph 2 – point a
Article 45 – paragraph 2 – point a
(a) the transfer of data is absolutely necessary to safeguard the essential interests of one or more Member States within the scope of Eurojust’s objectives;
Amendment 103 #
Proposal for a regulation
Article 45 – paragraph 2 – point b
Article 45 – paragraph 2 – point b
(b) the transfer of the data is absolutely necessary in the interests of preventing imminent danger associated with crime or terrorist offences;
Amendment 104 #
Proposal for a regulation
Article 45 – paragraph 2 – point c
Article 45 – paragraph 2 – point c
(c) the transfer is otherwise necessary or legally required on important public interest grounds of the Union or its Member States, as recognised by Union law or by national law, or for the establishment, exercise or defence of legal claims; or
Amendment 108 #
Proposal for a regulation
Article 51 – paragraph 1
Article 51 – paragraph 1
1. By 1 March following each financial year, Eurojust’s Accounting Officer shall send the provisional accounts to each of the Commission’s Accounting Officer and the Court of Auditors.
Amendment 109 #
Proposal for a regulation
Article 51 – paragraph 2
Article 51 – paragraph 2
2. Eurojust shall send the report on the budgetary and financial management to each of the European Parliament, the Council and the Court of Auditors, by 31 March of the following financial year.
Amendment 115 #
Proposal for a regulation
Article 59 – paragraph 1
Article 59 – paragraph 1
1. The national members, their deputies and their Assistants referred to in Article 7, Eurojust staff, national correspondents and the Data Protection Officer shall be bound by an obligation of confidentiality with respect to any information which has come to their knowledge in the course of the performance of their tasks, unless in the case of (a) whistleblower(s) exposing practices that conflict with the remit of Eurojust as outlined above, or practices that are illegal.
Amendment 116 #
Proposal for a regulation
Article 59 – paragraph 2
Article 59 – paragraph 2
2. The obligation of confidentiality shall apply to all persons and to all bodies called upon to work with Eurojust, unless in the case of (a) whistleblower(s) exposing practices that conflict with the remit of Eurojust as outlined above, or practices that are illegal.
Amendment 117 #
Proposal for a regulation
Article 59 – paragraph 3
Article 59 – paragraph 3
3. The obligation of confidentiality shall also apply after leaving office or employment or after the termination of the activities of the persons referred to in paragraphs 1 and 2, unless in the case of (a) whistleblower(s) exposing practices that conflict with the remit of Eurojust as outlined above, or practices that are illegal.
Amendment 118 #
Proposal for a regulation
Article 59 – paragraph 5
Article 59 – paragraph 5
5. Members and the staff of the European Data Protection Supervisor shall be subject to the obligation of confidentiality with respect to any information which has come to their knowledge in the course of the performance of their tasks, unless in the case of (a) whistleblower(s) exposing practices that conflict with the remit of Eurojust as outlined above, or practices that are illegal.
Amendment 121 #
Proposal for a regulation
Article 64 – paragraph 3
Article 64 – paragraph 3
3. In the case of non-contractual liability, Eurojust shall, in accordance with the general principles common to the laws of the Member States and independently of any liability under Article 37, make good any damage caused - directly or indirectly - by the College or the staff of Eurojust in the performance of their duties.
Amendment 122 #
Proposal for a regulation
Article 64 – paragraph 4
Article 64 – paragraph 4
4. Paragraph 3 shall also apply to damage caused - directly or indirectly - through the fault of a national member, a deputy or an Assistant in the performance of their duties. However, when he or she is acting on the basis of the powers granted to him or her pursuant to Article 8, his or her Member State of origin shall reimburse Eurojust the sums which Eurojust has paid to make good such damage.
Amendment 124 #
Proposal for a regulation
Annex II – point 1 – point d
Annex II – point 1 – point d
(d) sexgender;
Amendment 125 #
Proposal for a regulation
Annex II – point 2 – point d
Annex II – point 2 – point d
(d) sexgender;